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HomeMy WebLinkAboutDecember_12_2012_Agenda_PacketCO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 12, 2012 7:15 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:00 P.M. — Closed Session There will be a Closed Session in Accordance with the Code of Virginia, 1950, as Amended, Section 2.2 -3711, Subsection A, (1) to Discuss Personnel Matters, Specifically, Updates to County Administrator's Employment Agreement. 5:30 P.M. — Board of Supervisors Work Session There will be a Work Session to Hear a Presentation by Ted McCormack of the Virginia Association of Counties (VACo) Regarding Status of Rural Roads, in Particular, the Potential for Devolution. 7:15 P.M. — Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: H, I, and J) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 12, 2012 PAGE 2 Minutes (See Attached) ------------------------------------------------------------------------- - - - - -- A 1. Work Session, November 14, 2012. 2. Regular Meeting, November 14, 2012. County Officials 1. Historic Plaque Presentation — Hites Chapel United Methodist Church. (See Attached) ------------------------------------------------------------------------- - - - - -- B 2. Employee of the Month Award. (See Attached) ------------------------------ - - - - -- C 3. Committee Appointments. (See Attached) -- BE 4. Resolution of the Board of Supervisors of Frederick County Concurring with a Financing to be Undertaken by the Economic Development Authority of the Town of Mount Jackson, Virginia, to Benefit Shenandoah University. (See Attached) ------------------------------------------------------------------------- - - - - -- E 5. Code and Ordinance Committee Report of October 26, 2012 Meeting — Proposed Revisions to County Code Chapter 155, Taxation. (See Attached) ------------------------------------------------------------------------- - - - - -- F 6. Request from the Commissioner of the Revenue for Refund. (See Attached) ------------------------------------------------------------------------- - - - - -- G Committee Reports 1. Public Safety Committee. (See Attached) -- 2. Technology Committee. (See Attached) - - -- 2. Transportation Committee. (See Attached) Public Hearing -- H -- J 1. Ordinance to Amend the Frederick County Code, to Repeal, In Its Entirety, Chapter 104, Junk Dealers and Pawnbrokers; and Repeal, In Its Entirety, Chapter 130, Precious Metals and Gems. The Purpose of this Amendment is to Eliminate County Ordinance Provisions that have Become Inconsistent AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 12, 2012 PAGE 3 with Subsequent Amendments to State Law. The County Ordinance Provisions are No Longer Necessary Because the Subject Matter of the County Ordinance Provisions is Already Covered By State Law. (See Attached) ------------------------------------------------------------------------- - - - - -- K 2. Concurrent Resolution of The Common Council of The City of Winchester and The Board of Supervisors of Frederick County, Virginia to Amend The Articles of Incorporation of The Frederick - Winchester Service Authority The amendment to the Articles of Incorporation of the Frederick - Winchester Service Authority would delete the following sentence in Paragraph (f) of the Amended Articles of Incorporation dated April 13, 1995: "Each member shall serve without compensation, except that the member appointed by concurrent action may be compensated not more than One Thousand Eight Hundred Dollars ($1,800.00) per annum." The amendment to the Articles of Incorporation of the Frederick - Winchester Service Authority would further substitute the following sentence in the place and stead of the deleted sentence in Paragraph (f) of the Amended Articles of Incorporation dated April 13, 1995: Each member of the Authority Board shall serve without compensation, except that the Chairman elected by the members of Authority Board may be compensated not more than Two Thousand, Four Hundred Dollars ($2,400.00) per annum, or such greater amount as may be determined by Resolution of the governing body or bodies which are Members of the Authority." This amendment does not effect a restatement of the Articles of Incorporation. (See Attached) Planning Commission Business no 1. Rezoning — Carmeuse Northern Quarry Proffer Revision. (See Attached) ------------------------------------------------------------------------- - - - - -- M 2. Discussion of 2013 -2014 Capital Improvements Plan (CIP). (See Attached) ------------------------------------------------------------------------- - - - - -- N AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 12, 2012 PAGE 4 3. Discussion of Ordinance Amendment - Revisions to the RP (Residential Performance) Zoning District. (See Attached) ---------------- - - - - -- O 4. Discussion of Ordinance Amendment — Private Streets in the R5 (Residential Recreational Community) Zoning District. (See Attached) ------------------------------------------------------------------------- - - - - -- P 5. Discussion of Ordinance Amendment — Setback Requirements for Accessory Structures in the RA (Rural Areas) District. (See Attached) ------------------------------------------------------------------------- - - - - -- Q Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn fk FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES WORK SESSION November 14, 2012 A work session of Frederick County Board of Supervisors and Planning Commission was held on Wednesday, November 14, 2012 at 5 :30 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer ABSENT Christopher E. Collins OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; ray E. Tibbs, Deputy County Administrator; Roderick Williams, County Attorney; Ellen Murphy, Commissioner of the Revenue; Eric R. Lawrence, Planning Director; Michael Ruddy, Deputy Planning Director; Candice Perkins, Senior Planner; Planning Commission members: June Wilmot, Roger Thomas, H. Paige Manuel, Gary Oates, Charles Triplett, Brian Madagan, J. Stanley Crockett, Lawrence Ambrogi, Chris Mohn, Kevin Crosen, and Kevin Kenney. CALL TO ORDER Chairman Shickle called the work session to order. He then turned the presentation over the Planning Director Eric Lawrence. Planning Director Lawrence advised that staff was seeking Board direction on two items: - Revisions to the RP (Residential Performance) Zoning District; and - Setback requirements for accessory structures in the RA (Rural Areas) District. 1 REVISIONS TO THE RP SIDENTIAL PERFORMANCE ZONING DISTRICT Senior Planner Candice Perkins appeared before the Board regarding the proposed revisions to the RP (Residential Performance) Zoning District. The proposed changes would ensure that the RP requirements are easier to understand, provide additional flexibility and housing options, be up to date with the current community, and conform to the 2434 Comprehensive Plan. She explained the proposed changes to Part 402: - Introduction and District Regulations: • Revisions would be in conformance with the goals of the Comprehensive Plan. • Minor revisions to the permitted and conditional uses in the RP District to update the language and add public buildings as a permitted use. • Revisions to the gross density and multifamily housing requirements. This relocates the density from certain permitted housing types located throughout Part 402 and centralizes them in one table, and shows the maximum percentage of multifamily housing in the same table. Revisions also include eliminating the multifamily percentage cap for apartments. The maximum density by acreage has been increased. • Revisions to the open space requirement for single family detached traditional housing types, increase in the open space required for development with a mixture of housing types, and addition of an open space percentage for non residential uses. Revisions to the waiver provision that allows for the addition of recreational facilities in lieu of open space acreage. Revisions to the recreational facility requirements as requested by the Parks and Recreation Department. • Addition of a maximum height for structures not currently listed under the individual district requirements. - Dimensional Requirements for Housing Types • Addition of minimum setbacks for unroofed decks, stoops, landings, and similar features for all housing types. The additional setback would allow additional area for the construction of these features, • New format for dimensional requirements for housing. • Revisions to the requirements for single family detached cluster and small lot housing types. Single family detached cluster changes include elimination of the additional open space requirement for this housing type due to the fact that this type already has a higher open space requirement (25% minimum). 2 Reduced front, side, and rear yard setbacks are proposed. Single family small lots include the addition of a reduced front setback when utilizing an alley. • Proposed elimination of the atrium house, duplex and weak -link townhouse housing types. • Revisions to the requirements for townhouses to include: addition of a back - to -back townhouse option; new minimum lot area; addition of a side and rear setback and elimination of the perimeter setbacks; different setbacks for units with or without garages; and increase in the maximum building height from 35 feet to 40 feet. • Revisions to the requirements for garden apartments to include: new description of housing type; revised building spacing requirements; increased building height from 40 feet to 55 feet to allow for the construction of a maximum of four stories. • Addition of a multifamily residential building, which would only be permitted in areas designated by the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high density residential. - ]Proposed changes to Buffer and Landscaping • Revisions to include new plant types, removal of certain plants, and/or elimination of plants for specific landscaping uses. • Provisions for the planting procedures and requirements for landscaping. • Complete revision to the required separation buffers between various housing types to include: elimination of internal separation buffers, as well as simplifying the requirements to make them easier to understand by putting them in a table format. • Revisions to road efficiency buffer requirements to show the same buffer requirements that are required throughout the ordinance. There is also a proposed addition to allow existing vegetation to be utilized for road efficiency buffers. - ]Proposed changes to Definitions and Supplemental Use Regulations • Revised definition to building height that is more consistent with how staff currently measures the height of a building. • Revised definition for multifamily dwelling. • Revisions to the extensions into setback yards to remove balconies, porches, stoops, and decks as an extension because these were added into the individual housing types. Removed weak -link townhouses from this provision. Supervisor Spicer asked if eliminating the atrium and weak -link townhouses because they had never been built was a reason to eliminate it. Senior Planner Perkins responded those were housing types that were not really used anywhere. She noted that staff had been approached by engineers and developers regarding these ordinance changes. Supervisor Spicer asked if the procedures established by the American Nursery and Landscape Association were easily accessible and were these requirements in addition to what is required in subsection 2 (f). Senior Planner Perkins responded the information was easily accessible and the requirements were not in addition to what was required in the ordinance. Chairman Shickle asked if staff could distribute a copy of the staff presentation to the board members. Supervisor Spicer suggested the removal of the extra "only" on page 11, under 165- 402.07, Director Lawrence advised that staff was seeking direction from the Board as to whether or not this item was ready to be moved through the public hearing process. He noted staff had prepared a resolution to be added to the Board's agenda directing this item be sent forward for public hearing. He concluded by saying if the Board had more questions staff would try to answer them. Chairman Shickle stated he did not feel the presentation helped clarify the confusion surrounding this proposal, Administrator Riley stated the resolution could be placed on the Board's December agenda for consideration before sending this item to public hearing. Supervisor Fisher stated he was comfortable with Administrator Riley's recommendation because he needed more time to go over this proposal. Administrator Riley stated that he hoped that over the next month the Board could sit down with staff and work through the issues and in December the Board could coalesce, as a group, regarding sending this item forward for public hearing. Supervisor Lofton asked if concerns expressed to staff could be shared with other board members as they are raised. Director Lawrence responded that staff could share any concerns or other information with the Board. He concluded by saying staff would provide the Board with a copy of tonight's presentation and a clean copy of the ordinance. SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE RA (RURAL AREAS) DISTRICT Senior Planner Perkins advised that the Board, at its June 13, 2012 meeting, considered a proposed ordinance amendment to include a setback exemption for accessory structures in the RA (Rural Areas) District if it is the first structure to be constructed on a property. The proposed amendment would allow the construction of one - habitable accessory structure with the lesser setbacks, prior to the construction of the principal structure. The accessory structure cannot contain any residential uses prior to the construction of the primary use and cannot exceed 500 square feet in size. Chairman Shickle asked if this proposal addressed a specific issue that had been raised. Senior Planner Perkins responded no, this was the same ordinance the Board had reviewed in June and that staff had run into similar issues on occasion. Vice - Chairman Ewing stated he was comfortable with a 24 foot by 24 foot or 600 square foot building. He went on to say he did not believe the current ordinance would work. He went on to say if the proposal would increase the building square footage from 500 square feet to 600 square feet then this would address his issue. He concluded by saying he would be happy to entertain this change. Supervisor Lofton asked what the maximum square footage of an accessory building was if the primary structure existed. Senior Planner Perkins responded, in that instance, there is no maximum. Supervisor Lofton asked if the accessory structure could be expanded after the primary structure is built. Senior Planner Perkins responded yes. Supervisor Spicer asked if there was a height limitation. Senior Planner Perkins responded that everything in the RA District has a 35 foot height restriction. Director Lawrence advised that staff could bring this item back in December with the square footage increase to 600 square feet. Chairman Shickle advised that it was anticipated this item would be sent forward for public hearing unless staff hears otherwise. >EtEVISIONS TO THE RP (RESIDENTIAL PERFORMANCE) ZONING DISTRICT The Board revisited the discussion of the revisions to the RP District, Supervisor DeHaven stated that staff did a really good job putting this proposal together. He asked how much input they received from the design community. Senior Planner Perkins responded that staff sat down with them and got a lot of feedback on this proposal. Chairman Shickle asked what advice staff could give about the level of comfort and knowledge board members should have on a topic before they vote. 6 Director Lawrence responded by saying when staff brings a text amendment to the board, staff is not the only one who crafted that amendment. They work with the development community and when it gets to that point, staff believes it makes sense to bring it forward. Chairman Shickle asked about the proposed changes to the garden apartments. Director Lawrence responded that people are looking to create larger garden apartments with more units, larger units, and more square footage. He went on to say that the development community has approached staff regarding these housing types. He concluded by saying, at a staff level, we will never see a product unless it is enabled by the ordinance. There being no further business, the work session was adjourned at 6:28 p.m. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES November 14, 2012 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 14, 2012 at 7:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. BOY SCOUT RECOGNITION Chairman Shickle took a moment to recognize Seth Breneman, a scout with Troop 2 and working on his Communication badge, who was in attendance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no additions or changes to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Parks and Recreation Commission Report — Tab II; - Technology Committee Report — Tab I; and - Human Resources Committee Report— Tab J. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Shawn Graber, Back Creek District, addressed the Board regarding fire and rescue services in Star Tannery. He advised that he had spoken with Deputy Chief Bowmaster regarding issues, He also spoke with the Fire Chief and County Administrator and felt he was treated very disgracefully. He found several violations of the Virginia Department of Health's regulations. He noted the Department of Health had received 20 complaints regarding fire and rescue services in this area. He went on to say 10% of Star Tannery's calls resulted in no responses. He asked the Board to investigate the Star Tannery Fire Department. He concluded by saying he would like to meet with Supervisor Lofton also. Jay Martz, Gainesboro District, stated we were fortunate to have good economic news in the Commonwealth. He went on to say it was prudent for Governor McDonnell to ask state 2 agencies to reduce spending by 4 %. He noted the County has a surplus, but has chosen to spend it. He went on to say the Board should do something for the taxpayers. He hoped the Board can reduce tax rate to $0.545 as quickly as it was raised. Joy Kirk, Back Creek District and President of the Frederick County Education Association, thanked Administrator Riley and the Board for allocating funds for the onetime bonus for employees. She also thanked the Board for working with the School Board to meet the needs of the school kids. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion a by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the minutes from the September 26, 2012 Regular Meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the minutes from the October 1, 2012 work session with Planning by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye 3 Gary A. Lofton Aye Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved the minutes from the October 10, 2012 Regular Meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS PRESENTATION OF RESOLUTION OF APPRECIATION TO GWEN MONROE Chairman Shickle presented a resolution of appreciation to Mrs. Gwen Monroe, who retired in July as the Director of the Frederick County Department of Social Services. RECOGNITION OF JANE ANDERSON AS OUTSTANDING DEPUTY COMMISSIONER OF THE REVENUE The Board recognized Jane Anderson, Chief Deputy of the Commissioner of the Revenue's Office for being selected Deputy Commissioner of the Year for 2012 by the Commissioner of the Revenue Association of Virginia. She was selected for her: Exemplary work ethic; Willingness to working with other localities; and . Mentoring through educational seminars, EMPLOYEE OF THE MONTH AWARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board approved Frederick County Sheriff's Office Accreditation Team as Employees of the Month for November 2012. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, a team of Deputies that serve the citizens of Frederick County for the Sheriff's Office were nominated for Employees of the Month; and WHEREAS, Countless hours of labor and preparation along with tons of paperwork paved the way for the Frederick County Sheriff's Office being awarded as Accredited Agency from the Virginia Law Enforcement Professional Standards Commission. Without the team efforts from Captain Aleck Beeman, Deputies Tonya Kittoe, Christopher Hockman, Kevin Popp, David Simpson, and Marlisa Jenkins, this accreditation would not have been possible. An accredited agency reaps cost savings in operation and enhances risk management procedures along with reduced liability costs in insurance fees. This team is to be commended for their diligence, self-sacrifice, and professional work ethic for this achievement. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 14`' day of November, 2012 that the Frederick County Sheriff's Office Accreditation Team is hereby recognized as the Frederick County Employee of the Month for November 2012; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to this team for their outstanding performance and dedicated service and wishes them continued success in future endeavors; and BE IT FURTHER RESOLVED that each employee of this team is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS APPOINTMENT OF GRETA CHERRY AS PARENT REPRESENTATIVE TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board appointed Greta Cherry as parent representative to the Community Policy and Management Team (CPMT). This is a two year appointment. Term expires June 30, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REGINALD K. SHIRLEY, III NOMINATED FOR REAPPOINTMENT AS OPEQUON DISTRICT REPRESENTATIVE TO THE BOARD OF ZONING APPEALS - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board nominated Reginald K. Shirley, III for reappointment as Opequon District representative to the Board of Zoning Appeals. This is a five year appointment. Term expires December 31, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF GENE E. FISHER AS FREDERICK COUNTY REPRESENTATIVE TO THE FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board reappointed Gene E. Fisher as Frederick County representative to the Frederick- Winchester Service Authority. This is a three year appointment. Term expires January 10, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF GARY A. LOFTON AS BOARD OF SUPERVISORS' REPRESENTATIVE TO THE WINCHESTER- FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board reappointed Gary A. Lofton as the Board of Supervisors representative to the Winchester- Frederick County Economic Development Commission. This is a three year appointment. Term expires January 31, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF GARY E. LONGERBEAM AS BACK CREEK DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board reappointed Gary E. Longerbearn as Back Creek District representative to the Parks and Recreation Commission. This is a four year appointment. Term expires January 13, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF CHARLES E. TRIPLETT AS GAINESBORO DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Spicer, seconded by Supervisor Lofton, the Board reappointed Charles E. Triplett as Gainesboro District representative to the Planning Commission. This is a three year appointment. Term expires February 22, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY CONCURRING WITH A FINANCING TO BE UNDERTAKEN BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CLARKE COUNTY, VIRGINIA, FOR THE BENEFIT OF THE LORD FAIRFAX COMMUNITY COLLEGE EDUCATIONAL FOUNDATION - APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the resolution concurring with a financing to be undertaken by the Industrial Development Authority of Clarke County, Virginia, for the benefit of the Lord Fairfax Community College Educational Foundation. WHEREAS, the Industrial Development Authority of Clarke County, Virginia (the "Authority "), on November 14, 2012, adopted a resolution (the "Authority Resolution ") authorizing the issuance and sale of its Educational Facilities Revenue Bonds, Series 2012, in a principal amount not to exceed $4,000,000 (the "Bonds "), for the benefit of the Lord Fairfax Community College Educational Foundation, a not - for - profit Virginia non -stock corporation (the "Foundation "), to finance the costs of constructing, equipping, improving and developing a multi - purpose student union building, of approximately 31,800 gross square feet and consisting of two stories, to be located on an approximately 17.8 -acre site north of, and adjacent to, the Lord Fairfax Community College main campus in Frederick County at 173 Skirmisher Lane, Middletown, Virginia 22645, together with a related parking lot of approximately 6,000 square feet, and roadways and sidewalks to access the site (collectively, the "Project "); WHEREAS, Section 15.2 -4905 of the Code of Virginia of 1950, as amended (the "Virginia Code "), states that an industrial development authority may not finance facilities in another jurisdiction that has created its own industrial development authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution;" WHEREAS, Section 1470 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code ") requires that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Bonds is located approve the issuance of such Bonds; WHEREAS, Section 147(f) of the Internal Revenue Code requires that any such approval by the applicable governmental unit be given after a public hearing following reasonable public notice, which hearing may be held by the public authority issuing the Bonds; WHEREAS, on November 14, 2012, in accordance with the requirements of Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, the Authority held a public hearing and adopted the Authority Resolution, a copy of which has been filed with the records of the Clerk of the Board of Supervisors (the "Board of Supervisors ") of Frederick County, Virginia (the "County "); and WHEREAS, the Foundation has requested the Board of Supervisors to express its concurrence with the Authority Resolution so that the proceeds of the Bonds may be loaned to the Foundation to finance the Project which is to be located in the County. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors hereby approves the issuance of the Bonds by the Authority for the benefit of the Foundation, as required by Section 147(f) of the Internal Revenue Code and by Section 15.2 -4906 of the Virginia Code, and concurs with the Authority Resolution to the extent required by Section 15.2 -4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bonds to the Foundation to finance the Project to be located in the County. 2. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Foundation. As required by Section 15.24909 of the Virginia Code, the Bonds shall provide that the County will have no obligation to pay the Bonds or the interest thereon or other costs incident thereto, 3. All acts and doings of the officers of the County and the Board of Supervisors that are in conformity with the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and confirmed. 9 4. This resolution shall take effect immediately. ADOPTED this le day of November, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Dewberry and Davis, LLC, d.b.a. Dewberry the amount of $76,485.98 for correction of business reporting by the company for the total of three years (2010, 2011, and 2012). This exoneration is based on information from the taxpayer and covers revenue that was already reported to the County under another company name. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM FINANCE DIRECTOR FOR SUPPLEMENTAL APPROPRIATION FOR HIGHWAY SAFETY GRANT - APPROVED 10 Administrator Riley advised this is a request for a General Fund Supplemental Appropriation in the amount of $35,865. This amount represents a DMV grant for Selective Enforcement - Alcohol. No additional local dollars are required. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Collins the Board approved the request for a General_ Fund Supplemental Appropriation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye RESO LUTION DECLARING LOCAL EIiKERGENC �' ON OCTOBER 29, 2012 - , , _ APPROVED Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the resolution declaring a local emergency on October 29, 2012. WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that: Due to severe weather that is forecasted for Frederick County and directly related to Hurricane Sandy with the expectation of wide spread and numerous and perhaps long term power outages; 2. Due to severe weather associated with Hurricane Sandy, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the county of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after consultation with the Coordinator and Deputy Coordinator(s) of Emergency Management, the Director of Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of Virginia on October 29, 2012. This local emergency declaration remained in effect until November 5, 2012 during which time the powers, functions, and duties of the Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the 11 ordinances, resolutions, and approved plan of the County of Frederick in order to mitigate the effects of said emergency. ADOPTED this 12" day of November, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on October 9, 2012. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Kevin Anderson, Patrick Anderson, and Gary Longerbeam. Members absent were: Ron Hodgson, P.W. Hillyard, III, and Christopher Collins. Items Requiring Board of Supervisors Action: 1. None Submitted for Board Information Onl : 1. Building and Grounds FY 14 Capital Improvements Program — The Buildings and Grounds Committee recommended the approval of the Capital Improvements Plan for FY 2013 -14 as submitted, second by Mr. Sandy, motion carried (6 -0). 2. Strategic Plan Update — The Strategic Plan Subcommittee presented a draft version of the strategic plan. This version will be opened up for a 30 -day public comment period before returning to the subcommittee for a final draft review. The final draft will then be presented to the Commission for adoption. The draft plan and comment submissions are available through the FCPRD website. TECHNOLOGY COMMITTEE — APPROVED UNDER CONSENT AGENDA The Board of Supervisors Information Technology Committee met on Wednesday, October 3, 2012 at 8:30 am, in the Executive Session Conference Room, County Administration Building 107 N. Kent St., Winchester, Virginia. Present were Bill Ewing, Kris Tierney, Chuck 12 DeHaven, Gary Lofton, Walter Banks, Patrick Fly, Lorin Sutton, Dave Stegmaier of Congressman Frank Wolfs Office, and Quaiser Absar, of Shenandoah University. The committee submits the following: ** *Items Requiring Board Action * ** 1. None ** *Items Not Requiring Board Action * ** 1. Old Business a. Meeting Update: We will be cancelling November's meeting and moving forward will only meet if there are actionable items for the Board. Walt and Mr. Lofton will meet on a regular basis. The purpose is to make the best use of scheduled meetings. We will notify you one week before the first Wednesday of every month. b. RFP Update: The VoIP RFP will be due on October 22 and the Broadband RFP will be due on November 15 We held one initial walk through of the Administration Building, NRADC, Animal Shelter, and the Public Safety Building. There were a lot of top vendors who were very interested to be involved. On the first round we have asked for concepts in addition to preliminary pricing of equipment and services for implementation. The Broadband Management Team will review each vendor and be looking at each vendor to determine their relationship with the manufacturer they have provided as a reference to ensure a strong relationship. The Team will possibly tour the vendor's referenced facilities to ensure the hardware met the client's standards. After the review the team will meet to make recommendations and will seek an endorsement. After an endorsement, the process will move to the Finance Committee to make sure we have the money set aside for this project. The second RFP focuses on Broadband and we will be hiring a consultant to come in and review the data that was collected to take a look at the county and determine what vendors (small and large) and public and private partnerships within our region can produce broadband connectivity. We will be working with the City of Winchester, the Frederick Public School system, and Shenandoah University to pool our resources and meet on October 29 at 1:00 p.m. c. Administrative: Strategic Plan is due in January and all the preliminary work has been complete. Some of the items that we will be reviewing for the Strategic Plan will be confidential. VoIP and network infrastructure and making a video ready network are two of the most important items on the plan. The wave of the future is communicating via video instead of via text and we want to make sure our network is prepared to handle the bandwidth. We want to ensure that when the VoIP hardware is installed we are ahead of the curve, and not behind it. Every time a new feature comes out, we want to be able to simply integrate it so that it is scalable and a simple add -on into our existing system instead of making major modifications to the entire system. For example, we would like our new phone system to last at least 8 -10 years. 13 5. Meeting adjourned. The next meeting will be Wednesday, December 5 We will confirm one week prior. HUMAN RESOURCES COMMITTEE — APPROVED UNDER CONSENT AGENDA The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, October 5, 2012 at 8:00 a.m. Committee members present were: Supervisor Ross Spicer and Supervisor Bill Ewing, Phil Farley, and Sharon Grornling. Committee members absent were Chris Collins and Dorrie Green. Also present were: Assistant County Administrator Kris Tierney. ***Items Requiring Action*** 1. There are no items that require Board action from this meeting. ** *Items Not Requiring Action * ** 1. The discussion of draft Human Resources policies. Committee Chairman Ross Spicer introduced the discussion with HR Director Paula Nofsinger outlining the recommended changes to the policies. The intent is not to proceed with any action to the Board of Supervisors until all of the remaining policies can be reviewed in total. A work session with the Board of Supervisors will be established upon completion of remaining policies. There being no further business, the meeting was adjourned. The next two HR Committee meetings scheduled for November and December have been cancelled. The Committee will reconvene in 2013. PUBLIC SAFETY COM1VgMITTEE - APPROVED A meeting of the Public Safety Committee was held on Tuesday October 9, 2012 at 9 :00 a.m. Committee members present were: Committee Chairman Gary Lofton, Gene Fisher, Ron Wilkins and Chuck Torpy. Also in attendance were County Administrator John Riley, Public Safety Communications Director LeeAnna Pyles, Fire & Rescue Association President Tim Price, Sheriff Robert T. Williamson, County Attorney Rod Williams, Deputy Fire Chief Bill Bowmaster and Deputy Emergency Management Coordinator Chester Lauck. The following items were discussed: ** *Items Requiring Board Action * ** 1. Regional Hazard Mitigation Plan - APPROVED The Committee reviewed and discussed the Regional Hazard Mitigation Plan which must be updated and adopted every five years in order to remain eligible for funding opportunities from 14 the Federal Emergency Management Agency (FEMA) in case of disastersihazards. The Public Safety Committee unanimously recommended the plan be forwarded to the Board of Supervisors for approval. (See Attached.) Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the Regional Hazard Mitigation Plan. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Chairman Shickle asked that the Board be notified when the other localities in the region adopt this plan. ** *Discussion Items * ** 2. El!'IS Survey (See Attached) Deputy Fire & Rescue Chief Bill Bowmaster presented a handout with reference to the varying methods of EMS delivery in the State of Virginia. The handout summarized the various types of providers utilized by agencies for providing EMS services. Chairman Lofton asked that this item be addressed in greater detail at the next Public Safety Committee meeting. 3. VDOT Advanced Warning System Gene Fisher briefed the Committee regarding VDOT's advanced warning system, which is a flashing sign placed a certain distance before a stoplight. The sign would signal drivers to "prepare to stop when flashing" thereby providing drivers advanced notice of the impending stop light changing from green to red, thus reducing accidents. Two intersections in the county are being considered: Sulphur Springs/Rte 50 E and 522N/654. There are many criteria that must be reviewed and considered prior to implementation, including speed limit and stopping distances. Mr. Fisher will bring the committee new information on this proposed system after the first of the year. Next Meeting: 15 A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 9:30 a.m. CODE AND ORDINANCE COMMITTEE - APPROVED The Code & Ordinance Committee met on Friday, October 26, 2012 at 3:00 P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Christopher E. Collins, Chairman; Ross P. Spicer; Bill M. Ewing; Derek Aston; Stephen Butler; and James Drown. Also present were County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue; Sheriff Robert T. Williamson; and Rebecca Hogan, Clerk of the Circuit Court. The committee submits the following: * * *Items Requiring Board Action* * * 1. Proposed Amendments to the Frederick County Code Regarding Junk Dealers, Pawnbrokers, and Precious Metals Dealers. — SENT FORWARD FOR PUBLIC HEARING The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, by adopting a new Chapter 103 Junk Dealers and revised Chapters 104 and 130. The purpose of this new chapter and the revisions was to implement an ordinance to govern the sale of secondhand fixtures obtained from a building or structure and to have the County Code provisions correspond with the current state code. This new chapter 103 and revised Chapters 104 and 130 would replace the current provisions, as outlined in Chapters 104 and 130 of the Frederick County Code. The committee discussed the need to have this new provision since the Code of Virginia already imposes regulatory procedures for junk dealers, pawnbrokers, and precious metal dealers, which makes the proposed County Code provisions duplicative. It was noted the current Frederick County Code no longer corresponds with the Code of Virginia/Upon a motion by Mr. Spicer, seconded by Mr. Butler, the Code and Ordinance Committee forwarded this item to the Board with a recommendation that the Board repeal the current Chapters 104 and 130 of the Frederick County Code. The above motion was unanimously approved. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board sent the repeal of Frederick County Code Chapters 104 and 130 forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye 16 Gene E. Fisher Aye Gary A. Lofton Aye 2. Proposed Amendment to Frederick County Code Chapter 155, Taxation. — REFERRED BACK TO COMMITTEE FOR ADDITIONAL INFORMATION The Code and Ordinance Committee reviewed a proposed amendment to various articles of Frederick County Code Chapter 155, Taxation. The Committee discussed eliminating 'interest on the Machinery & Tools Tax for late payments, as the County is required to pay the same amount of interest upon any refund due a taxpayer. Upon a motion by Mr. Aston, seconded by Mr. Spicer, the Committee postponed consideration of this proposed amendment to Chapter 155 -6 pending the receipt of additional information regarding the amount of interest the County currently collects from delinquent payments of the Machinery & Tools Tax. The above motion was unanimously approved. The Committee discussed the remainder of the proposed amendments to Chapter 155 to include the removal of references to Chapter 130, which has been proposed for repeal in its entirety. Upon a motion by Mr. Spicer, seconded by Mr. Aston, the Committee forwarded the proposed amendments to Chapter 155 Taxation, with further modifications as discussed, to the Board of Supervisors for public hearing with a recommendation of approval. (See Attached.) Upon a motion by Supervisor Collins, seconded by Supervisor Spicer, the Board referred this item back to the Committee for a complete review of the proposed changes to Chapter 155 to include the additional information regarding the amount of interest the County currently collects from delinquent taxpayers for Machinery & Tools Tax. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Board Action * ** 1. Tax Rate for Alternative Fuel Vehicles. The County received a request from a citizen regarding the establishment of a reduced personal property tax rate for alternative fuel vehicles. The Committee referred this matter to the Commissioner of the Revenue for additional research to include: - Determining what is permitted under the Code of Virginia; - Determine what other localities in Virginia are doing regarding this topic. 17 - Report out to the Code & Ordinance Committee for discussion and recommendation to the Board of Supervisors. This item will be a topic at the next meeting of the Code & Ordinance Committee, TRANSPORTATION COMMITTEE - APPROVED The Transportation Committee met on October 22, 2012 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) Members Absent Mark Davis (liaison Middletown) James Racey (voting) Gary Oates (liaison PC) Bryon Grigsby (voting) Lewis Boyer (liaison Stephens City) ** *Items Requiring Action * ** 3. Route 522 South Study - APPROVED Staff presented the Committee with the resolution passed by the Board of Supervisors regarding the Route 522 south study, as well as some of the history surrounding the planned realignment of the roadway. Staff also informed the Committee that VDOT has already funded an interchange modification study for Exit 313 that will effectively cover all of the key issues that the Board would like to have studied. VDOT staff was present and was supportive of this while confirming that Frederick County would be provided an active seat at the table as the study was scoped and conducted. Mr. Racey made a motion to recommend the Board follow the staff recommendation and the motion was seconded by Mr. Grigsby. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board authorized the Transportation Committee to report back to VDOT to incorporate the Route 522 south study as part of VDOT's interchange modification study for Exit 313. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye 18 Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Capital Improvement Program The Committee recommended one change to the Capital Improvement Program regarding the ranking of the Route 277 project. This item will be coming to the Board independently. 2. Revenue Sharing Application Staff recommended and the Committee endorsed two applications for revenue sharing funds for the following projects: Russell 150 Roadways - $5.8 M Valley Mill Road (supplemental) - $500 K Note: In the time since the TC made this endorsement, coordination with VDOT has indicated the Valley Mill application is not timely and should wait. As a result, staff is only bringing forward the Russell 150 application. PLANNING COMMISSION BUSINESS PUBLIC HEARING COMPREHENSIVE POLICY PLAN AMENDMENT CPPA #01 -12 LFCG/MIDDLETOWN SEWER AND WATER SERVICE AREA SWSA — A REQUEST FROM THE LORD FAIRFAX COMMUNITY COLLEGE TO INCLUDE LAND OWNED BY THE LFCC FOUNDATION INTO SEWER AND WATER SERVICE AREA TO ENABLE THE PROVISION OF PUBLIC WATER AND SEWER INITIATED THIS PROPOSED AMENDMENT. THE RESULTING AMENDMENT PROPOSES THE ESTABLISHMENT OF THE MIDDLETOWN/LORD FAIRFAX SWSA THAT ENCOMPASSES LORD FAIRFAX COMMUNITY COLLEGE AND THE ADJACENT MIDDLETOWN ELEMENTARY SCHOOL AND AN INSTITUTIONAL LAND USE DESIGNATION FOR THE AREA. WATER AND SEWER WOULD CONTINUE TO BE PROVIDED BY THE TOWN OF MIDDLETOWN AND THE CITY OF WINCHESTER RESPECTIVELY. THE PARCELS INCLUDED IN THE MIDDLETOWN/LORD FAIRFAX SWSA ARE: 91 -A -100 91 -A- 9913,91-1-99,91- A-99A AND 91- A -78A. - APPROVED Senior Planner Michael Ruddy appeared before the Board regarding this item. He advised this was a public hearing for the Middletown/Lord Fairfax Sewer and Water Service 19 Area Comprehensive Plan Amendment. He noted the community college was looking to expand its facilities. Deputy Director Ruddy noted the establishment of the Lord Fairfax Community College Sewer and Water Service Area would allow public water and sewer service to current and future land uses at Lord Fairfax Community College and Middletown Elementary School. The proposed area contains five parcels totaling 128 acres. He went on to say the community college gets its water from the City of Winchester and sewer service is provided by the Town of Middletown. He concluded by saying the Planning Commission recommended approval. Chris Boies, Vice President of Financial and Administrative Services for Lord Fairfax Community College, advised this proposal would allow the construction of a new student union. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice- Chairman Ewing, the Board approved the resolution to adopt an amendment to Appendix 1 of the 2030 Comprehensive Plan Middletown/Lord Fairfax Sewer and Water Service Area. WHEREAS, the 2030 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on July 14, 2011; and WHEREAS, the Lord Fairfax Community College approached the Board of Supervisors about utilizing public water and sewer for the development of buildings on property that is owned by the Lord Fairfax Community College Foundation; and WHEREAS, the Board of Supervisors approved a resolution directing the Planning Commission to study and return to the Board of Supervisors a Comprehensive Plan study, specifically pertaining to the Sewer and Water Service Area (SWSA), and the area surrounding Lord Fairfax Community College; and WHEREAS, this amendment to the 2030 Comprehensive Plan, Appendix 1, was reviewed by the Comprehensive Plans and Programs Committee (CPPQ, and the Planning Commission during their regularly scheduled meetings; and 20 WHEREAS, the Comprehensive Plans and Programs Subcommittee (CPPC) recommended approval of this adoption on October 8, 2012; and WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed amendment on November 7, 2012 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed amendment on November 14, 2012; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this amendment to the 2030 Comprehensive Plan, Appendix 1, to be in the best interest of the public health, safety, welfare, and future of Frederick County, and in good planning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that THE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN, APPENDIX I, is adopted. This amendment creates the Middletown/Lord Fairfax Sewer and Water Service Area (SWSA) around the following properties and includes text describing the Middletowr[Lord Fairfax Sewer and Water Service Area Plan, specifically identified by Property Identification Numbers 91 -A -100, 91- A -99B, 91 -A -99B, 91- A -99A, and 91- A -78A. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, - WAIVER REVISION TO ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 608 EM EXTRACTIVE MANUFACTURING DISTRICT, SECTION 165- 608.05 SETBACK AND YARD REQUIREMENTS. THIS AMENDMENT ELIMINATES THE WAIVE OPPORTUNITY IN THIS SECTION. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the Board approved a majority of waiver amendments at their September 26, 2012 meeting; however, due to an advertising issue, the EM (Extractive Manufacturing) Zoning District waiver could not be approved that night. This section has since been re- advertised and is being brought back to the Board for action. 21 Chairman Shickle advised he did not recall the discussion surrounding this particular issue. Supervisor DeHaven stated that if the waiver were to be taken away then there would be no opportunity for discussion. He went on to say the waiver allows individual circumstances to be considered. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the ordinance amending Frederick County Code, Chapter 165, Article VI Business and Industrial Zoning Districts, Part 608 EM Extractive Manufacturing District, 165 - 608.05 Setback and Yard Requirements. WHEREAS, an ordinance to amend Chapter 165, Zoning to change three Planning Commission waivers to show Board of Supervisors waivers, and a change to delete a waiver opportunity that allowed excavations to be closer than 200 feet from property zoned RA, RP, R4, and MH -1 and any dwelling or platted residential subdivision, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on November 7, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on November 14, 2012; 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. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts, Part 608 EM Extractive Manufacturing District, 165 - 608.05 Setback and Yard Requirements, is amended to change three Planning Commission waivers to show Board of Supervisors waivers and a change to delete a waiver opportunity to allow excavations to be closer than 200 feet from property zoned RA, RP, R4, or MH -1 and any dwelling or platted residential subdivision. 22 This amendment shall be in effect on the day of adoption. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 — EM Extractive Manufacturing District §165- 608.05 Setback and yard requirements. A. Front setback (2) Excavation shall be no closer than one hundred feet from any road, street, or highway right -of -way, The Py., i n^.,,,,,issie., Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. B. Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from any side or rear property boundary. (1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5, or MHL The Plamaing Commission Board o f Supervisors may reduce this required setback to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. (2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R, or MHL No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. that r-e"ee these required setbaeks to 50 fi�el if it de4efmines thfettgh the use e meastff 3 adjaeeRt propei4ies has not been reduced. (3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the P4anring Commis Board of Supervisors may reduce this yard requirement to a minimum of 200 feet. Supervisor Lofton moved to amend the motion to include 165- 608.05 B (2), as currently written, with the Board of Supervisors being substituted for the Planning Commission. The motion was seconded by Supervisor DeHaven. 23 Supervisor Spicer stated he would defer to the Planning Commission's opinion regarding this ordinance. He did not think a waiver should be granted in this instance. Supervisor Fisher stated waiving this item was inappropriate and it was a safety issue. Supervisor Lofton stated he did not see an instance where he would approve such a waiver; however, we cannot see every instance that might come before the board. The motion to amend was denied by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Nay Charles S. DeHaven, Jr. Aye Ross P. Spicer Nay Gene E. Fisher Nay Gary A. Lofton Aye The original motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye FISCAL YEA 2014 REVENUE SHARING FUNDS, FOR STATE FUNDS TO MATCH LOCAL FUNDS FOR PORTIONS OF AIRPORT ROAD AND WARRIOR DRIVE WITHIN RUSSELL 150 DEVELOPMENT AND FOR RECONSTRUCTION/REALIGNMENT OF VALLEY MILL ROAD AND ITS INTERSECTION WITH ROUTE 7. - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to proceed with the application for revenue sharing funds for road improvements within the Russell 150 project. Staff is preparing an application for $18 million in revenue sharing dollars from VDOT with a $2.8 million local match for a total project of $5.6 million. 24 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved a resolution of support for the Revenue Sharing Program for Fiscal Year 2014. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $2,800,000.00 through the Virginia Department of Transportation Fiscal Year 2014, Revenue Sharing Program; and WHEREAS, $2,800,000.00 of these funds are requested to fund Airport Road and Warrior Drive within the Russell 150 development; and NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation up to $2,800,000.00 through the Virginia Department of Transportation "Revenue Sharing Program ". ADOPTED this 14 day of November 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REZONING APPLICATION #06 -12 — WILLOW RUN — REVISE PROFFERS RELATING TO TRANSPORTATION ENHANCEMENTS. OTE POSTPONED FROM SEPTEMBER 26, 2012 BOARD MEETING.) - APPROVED Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request for two minor proffer modifications associated with Rezoning #21 -06. The revision relates to the transportation enhancements and commercial land use sections of the proffers. Under transportation proffer D5 commits the applicant to the 25 construction of the interchange between Jubal Early Drive and Route 37 beginning by 2017 with a completion of 2022, Under commercial land use proffer B2, the County will have from 2012 to 2015 to determine whether to take advantage of the land dedication for an aquatics center. In addition, the applicant has added language required that the County provide a site plan prior to the conveyance of the property and the property would revert back to the applicant if the County has not issued a construction contract within two years of deed recording. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. In response to a question concerning the location of the land bay for the aquatics center, Mr. Wyatt advised the facility was in the same land bay in which it had always been proposed. Upon a motion by Supervisor Spicer, seconded by Supervisor Lofton, the Board approved the ordinance amending the Zoning District Map for Rezoning #06 -12 Proffer Revision of Willow Run. WHEREAS, Rezoning #06 -12 Proffer Revision of Willow Run, submitted by Greenway Engineering, to revise the proffers associated with Rezoning #21 -06 relating to the "Transportation Enhancements" and "Commercial Land Use" section of the proffers, was considered, The proffer revision, originally dated September 1, 2005, with final revision dated October 4, 2012, is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center; and Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 3 7. The properties are located east of Route 3 7 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), and south and west of the City of Winchester corporate limits in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53 -A -90, 53 -A -91, 53 -A -92, 53- A -92A, 53- A -92B, 53 -3 -A, and 63 -A -2A. WHEREAS, the Planning Commission considered this rezoning on September 5, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors considered this rezoning on September 26, 2012, tabled the matter and considered the revised application on November 14, 2012; and 26 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 Policy Plan, NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #21 -06 relating to the "Transportation Enhancements" and "Commercial Land Use" section of the proffers, was considered. The proffer revision, originally dated September 1, 2005, with final revision dated October 4, 2012, is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center; and Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 14 day of November, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Chairman Shickle advised the Joint Finance Committee would be meeting in December. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. /"IT1l4MI 27 UPON A MOTION BY VICE- CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:52 P.M.) 28 COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 FAX: 540/665-6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner U� Subject: Historic Plaque for the Hites Chapel United Methodist Church Date: December 3, 2012 In an effort to promote historic preservation in Frederick County, the Historic Resources Advisory Board (HRAB) developed the Historic Property Designation Program. This program, more commonly referred to as the Historic Plaque Program, enables the County to formally acknowledge the architectural and historic integrity of County structures. Since its inception, the Frederick County Historic Property Designation Program has awarded 31 historic plaques to important structures in the County, the first of which were presented to the property owners in 1995. The Historic Resources Advisory Board (HRAB) at their November 20, 2012 meeting unanimously approved a Historic Property Designation application for the Hites Chapel United Methodist Church located at 150 Chapel Road, Middletown. As is customary with approval of a Historic Property Designation application, a historic plaque is issued to the applicant. The HRAB respectfully requests the Board of Supervisors award a plaque to the following property: Plaque #32 Hites Chapel United Methodist Church ( DHR# 34-251) Location: 150 Chapel Road, Middletown Hite's Chapel United Methodist Church is a simple, one - story, frame building constructed in 1884. Common with other rural churches built during this period, the structure features a plain exterior with limited architectural details, including a double -leaf door with four -light transom, a stone foundation, nine- over - nine -sash double -hung windows, weatherboard siding, louvered wooden shutters, and gable -end returns. The site also contains a cemetery and outhouse as well, as other modern structures. Prior to the construction of this church, the congregation members met in local homes and schools. This late -19 century vernacular frame church is significant because it is the local church for this community and retains its historic and architectural integrity. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Historic PIaque for the Hites Chapel United Methodist Church December 3, 2012 Page 2 For informational purposes, I have attached photographs of the site. Staff would also note that representatives from the Hites Chapel United Methodist Church will be in attendance to receive their plaque. Thank you for your attention to this matter. CEP/bad Attachments COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 5401665 -6395 FREDERICK COUNTY HISTORIC PROPERTY DESIGNATION APPLICATION , Decision c Date Signature Frederick County 107 North Kent Street, Suite 202 R AB USE ONLY Winchester, Virginia 22601 Telephone: (540) 665 -5651 Fax: (540) 665 -6395 DATE STAMP Include with the application form a survey or site plan (if available) of the property showing the location/relationship of the structures(s), photographs of each side of the structure(s), and any relevant detail including interior features. (The applicant should note that the photographs submitted will become property of the County). The plaque will he issued following review and app roval o the a lication. There is no charge for the l • Date ofApplication: N &-� • Legal Name of Applicant: • Address: • Telephone Number: Property Information 2t�'\Z • Historic Name of Property (if available): �/i #e 5 { & i u4t ��� C. d� � � (�" � - c � • Property Identification Number: — • Date Structure(s) were built: • Acreage of Property: • Original Owner (if known): L oat 5 � ; k • Subsequent Important Information: ? u e dr � �4is��; F , g ,���, , �•a^ i;s17 • Date of Purchase: i ° b. 3 / F ITZ • Deed Book and Page Number: • Original Use of Property:'` • Current Use of Property: P1114e 0'( ; ' ; " (', 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 www.co.frederick.va.us List and briefly describe all structures on the I "operty. Note any major additions or alterations, (Attach additional paper if necessary) Al List wiy significant events, personage and or f • nilies associated with the brnnertv. Historic Plaques awarded by the Frederick Cot r(ty Historic Resources Advisory Board acknowledge the architectural and historic integrity of the structi re(s). Plaques remain the property of the County and will remain in the possession of the property own(, - as long as the structure(s) retain 75% of their h istoric fabric and configuration. I submit this applic alion in good faith and understand that by signing this application that I have given the HRAB perrn ,;sion to visit in property while they are evaluating the structure(s) for the approval /disapproval of the application for designation as Historically Significant. Signature of Applicant /Owner Signature of Applicant/Owner Date Date m R p Wer ind the Wanting a Methodist Church in the Minebank- Long's Grove area, Mr. Manson P. Smith and Mrs. Anna Hite Wright led in the organization of the Hites Chapel congregation in the spring of 1882. The first worship services were held both inside the Smith home at Cedar Creek and outside in an orchard in front of the house. By the spring of 1883, the congregation had grown too large to meet in the Smith home, and the Hites Chapel congregation moved to Long's Grove Schoolhouse. Rev. A.P. Neal was the first clergy to serve the congregation. At the schoolhouse, the congregation organized their Sunday school with Manson Smith as the superintendent. Worship services and Sunday school were held twice monthly except during bad winter weather. Mrs. Wright's family donated a corner piece of land of their Rockville farm, and the congregation built its first church building in the summer of 1884 at the corner of Middletown Road and Old Minebank Road. The earliest existing record of church membership dates 1893. Fifty -two members were listed. By 1948 attendance at Hites Chapel had dropped so low the church was almost closed. Sixteen members remained on the roles. In 1955, Rev. E.B. Cook was asked if he would preach for $5.00 a Sunday. Rev. Mary Louise Steele was appointed pastor in July 1957. She also played the organ. During January 1958, the church was rededicated and Sunday School was reorganized. In 1959, Hites Chapel celebrated its first Homecoming Service. Planing so each church in the Winchester District could have a minister every Sunday, Rev, Lee Shaeffer, District Superintendent joined Hites Chapel with Relief United Methodist Church in 1978. This relationship continues to this day. During the 1980s Hites Chapel built and dedicated a Fellowship Hall with a kitchen and Sunday school classrooms. Hites Chapel celebrated its centennial in 1984. During the 1990s membership continued to grow and now stands at 96 members. The latest building addition has been a picnic shelter, which was dedicated in August 2002 by the current pastor, Rev. Joseph J. Cailles. Hites Chapel Untied Methodist Women has been an active, six star unit for 25 years. The congregation enjoys worship services by Cedar Creek, monthly church dinners, spaghetti suppers in April and ham/turkey dinners in November. 36267 56257 3 HITES CHAPEL UNITED METHODIST CHURCH ESTABLISHED 1884 H[TES CIMPEL UNITED METHODIST CHURCH HISTORY Wanting a church in the Minebank- Long's Grove area Mr. Manson P. Smith and Mrs_ John (Anna. Hite) Wright led in the organization of a congregation in the spring of 1882, First services were held in the Smith home at the end of the present Route 627 at Cedar Creek and in the orchard in front of the house. Many others became interested. In the spring of 1883 the congregation was too large for the Smith home and was moved to Long's Grove Schoolhouse. The minister from Grace United Methodist Church, Middletown, Rev. A.P. Neal, was the first to serve the congregation. Sunday School was organized at the schoolhouse. Mr. Manson Smith was the first Sunday School Superintendent, assisted by Mrs, John Wright. Worship services and Sunday School were held twice monthly. Rev. George Tyler served the churches from 1883 -1886, Services stopped with bad weather in winter and resumed in spring. Members became interested in building a church. Mrs_ Wright's family gave a corner of Rockville Farm. Rites Chapel was built in the summer of 1884 at the corner of Middletown Road and OId Minebank Road. The deed for the land (about 112 acre) is dated December 23, 1856 and signed by Maria Louisa Hite (widow of Isaac Fontain Hite and Mrs. Wright!s mother). Trustees were Smith W. Cooley, George B. Wright, and Manson P. Smith, In 1886 officers of the Sunday School were: William Baker, Superintendent; J.A. Sievers, Assistant and Librarian; B.F. Long, Assistant Librarian; and Mr. Beale, Secretary. Sunday School Superintendents through the years included: Edgar McDonald, Lee Keeler, C.E. Edmondson, Mr. Frye, C.W. Keeler and Mrs. Jennie Mitchell. Some early teachers listed were: Mr. & Mrs, Smith Cooley, Mrs. Jennie Mitchell, Miss Myrtle Kniseley, Mr. Edgar McDonald, Mr. & Mrs. Ed Knee, Nettie McDonald, Hazel Pangle, Mrs. J.B. Smith, Mrs, Mart Shanholtz, Miss Susie Kniseley, Mrs. J. Fishel, L.L. Link, Mr. & Mrs. Lee Keeler, Mrs. Clara Long, and Walter Knee. Fifty -two church members were listed on the first church roll in 1893, Only scattered records remain. Mrs. James Fishel was elected Lay Leader in 1922. Mrs. Smith (Maria Louisa "Lillah" Wright) Cooley is remembered as organist and Mrs. Jennie Mitchell for her joyous singing. Mrs. Lee (Louise Cooley) Keeler was a member of the church for 74 years. Mrs. Clarence (Margaret "Granny" Carver) Tevalt was a member for 75 years (from 1917 - 1995). For many years Sunday School was organized usually in April and continued until bad weather, if there was sufficient attendance. Weather mast have been good in 1921 and 1932. Sunday School continued until January 1. Yard parties and sometimes oyster supers were held to raise funds. Vandalism and rowdiness caused the discontinuation of the yard parties. Delegates attended the county Sunday School Convention and a yearly picnic was held for the children. In 1948 attendance had dropped so low the church was almost closed. A few members refused to move their membership. Sixteen members remained on the roll, but few attended. In 1955 Rev. E.B. Cook was asked if he would preach for $5.00 a Sunday, guaranteed, with any extra offering going into _a fund to replace the tin roof Until this time the minister took all offerings to the treasurer of Grace United Methodist Church in Middletown. In 1956 Rev. Harry Renner (pastor of the new Francis Asbury Charge) continued to preach for $5.00, but the church was now linked with Lamps Memorial, Shockeyville, and Howard's Chapel. Quarterly conferences were held at the District Parsonage on Peyton Street under the leadership of Rev. J.C. Dugger, District Superintendent. The church bell was sold because the belfry had contributed to the deterioration of the roof. A new roof was installed and paid for in October of 1956. Electricity was put in Hites Chapel in the spring of 1957. Rev. Mary Louise Steele became the minister in July 1957. She also played the organ and negotiated the purchase of a used piano. The church was re- plastered in October and a new, safer chimney was built. Until this time two long pipes from wood stoves on each side of the church went up through the ceiling and into the chimney, which set on ceiling timbers. In January 1958 the church was re- dedicated and Sunday School was organized on the 3rd Sunday under the direction of Rev. Steele. C. Henry Keeler was elected Superintendent; Mr. Clarence Tevalt, Treasurer; and Patsy Boyer, Secretary. Classes began the last Sunday of January at 1:30 prn and continued every Sunday followed by worship service at 2:30 on 2 nd and e Sundays. Covered dish suppers with the food spread on tables in the center isle of the sanctuary began along with a yearly Sunday School picnic at the Tevalfs farm on Cedar Creek The first of several picnics were at Dallas Tevalfs farm and then moved to Clarence Tevalfs where there was more space. The Administrative Board was re- organized in June 1958 with W. Thomas Link, Chairman; Mrs. W.T. Link, Secretary; and Mrs. C.E. Headley, Treasurer. Trustees were: W.T. Link, John Headley and Clarence Tevalt. Mrs. C. Henry (Peggy) Keeler replaced Mrs. Headley as treasurer when she moved her membership. The First Annual Homecoming was the second Sunday in August 1959. Tables and chairs were borrowed from Middletown- Volunteer Fire Co. for dinner on the grounds. In 1960 Mrs. Mae DeJarnette joined the church and became pianist. When she moved from the neighborhood and attended irregularly, Sue Boyer started playing for Sunday School, and Peggy Keeler for worship service. Bible School was first held in June 1960 and all children of the neighborhood were invited. Mrs. Clarence Tevalt, Mrs. W.T. Link, Mars. Mae DeJarnette, and Peggy Keeler were teachers. Greenwood and Chestnut Grove churches were added to the charge, and quarterly conferences were held at a church in Winchester. Sunday School teachers attended annual Christian Workers Schools each night for one week_ These were held at Market Streei or Braddock Street and later at Kernstown and Montague Avenue churches. Rev. B.L. Lock was assigned to Relief Charge in rune 1966 and services were moved to 9:30 a.m., but still on 2„d and 4"' Sundays. Sunday School followed at 10:30 am. Rev. Lock was faithful in visiting those in the hospital, but had no time for home visits due to a full -time job. In June 1975 Rev. Esdras Gruver, District Superintendent, linked Hites Chapel with Grace United Mcthodist Church with Rev. William A. Jester as Pastor. Bill and Kay Jester were active in all church events and visited in homes. Services were held every Sunday, beginning early in 1976. On Easter Sunday, 20 people joined Rites Chapel United Methodist Church for a 65% increase in membership. In September 1975 a Community Prayer and Bible Study Group was formed with the leadership of Mrs. Ralph (Amy) Bassett. Amy had been involved in a group at Marvin Memorial United Methodist Church in Silver Spring, MD. Friendship formed between the two groups and Marvin Memorial ladies visited Hites in spring and Hites ladies visited Marvin Memorial in fall (even traveling in a snowstorm one October). The Bible Study Group met on the first Thursday, but later changed to Wednesday, so Libby Fowlkes, Amy Bassett, and Mrs. Robert (Margaret Ann) Perkins could help at the Stephens City Senior Center, which needed volunteer workers. A Methodist Youth Fellowship was also started in the fall of 1975 meeting twice monthly. Peggy Keeler and Amy Bassett were advisors. Rev. William E. Richards was assigned to the charge in June 1976 -1978. Young people remember the "Soup Supper" each year at Grace United Methodist Church, during the Christmas holidays, for older high school and college youth. The Young People's Class (taught by Mr. Jennings Watts) was growing and needed room for their class. In October 1976 a mobile home was purchased with money from the late Dr_ J. S. Cooley. The mobile home sat on the brow of the hill in front of the church and housed two Sunday School classes_ The Young People's Class started a puppet ministry directed by Mr. Watts. His ministry lasted a couple of years presenting memorable Bible lessons for the whole Sunday School. In October 1977 Libby Fowlkes led in the organization of a Hites Chapel United Methodist Women's group. She was elected president, and also served as secretary. Peggy Keeler was vice- president and Jo Tevalt, treasurer. Libby Fowlkes, Peggy Keeler and Dorothy Dimond were Rites first delegates to Blackstone Assembly Center attending the duly 1979 School of Missions. In planning for each church on the district to have a minister every Sunday, Rev. Lee Shaeffer, District Superintendent (1978), put Relief and Hites Chapel together in the Relief - Hites Charge. A parsonage was purchased in Stephens City by the trustees of the churches (Ralph Bassett, Bobby Bly and Clarence Tevalt). Wayne (Ike) Lineburg was treasurer of the church. Ralph and Amy Bassett located some good used furniture and Mrs. Norman (Libby) Fowlkes and Mrs_ Bobby (Anna Mae) Bly helped select the furnishings. Anna Mae Bly became Charge Parsonage Committee Treasurer. Rev. Clark Dimond 111 and Dorothy were the first parsonage couple. Rev, James Messner became pastor in June 1979. He expressed his desire for a large cross for the focal point above the altar. Before Easter 1980 a cross of teakwood was constructed by Wayne Miller and waxed to a beautiful finish. Mr. & Mrs. Robert .Perkins provided a table for the altar and base for the cross. Amy Bassett was elected District President of the United Methodist Women beginning January 1980. She served three years. Ralph Bassett, Trustee, was informed that the county would not continue issuing permits for use of the mobile home in 1980. Mr. S.L. Haymaker agreed to sell the church the land needed for a new educational building for $1,800.00. Ralph consulted with the Frederick County Health Department several tunes before gaining a permit for a septic system. Phillip Keeler did the excavating. Money from the sale of the mobile home and the remainder of Dr. J.S. Cooley's bequest, provided materials for most of the septic system. On October 26, 1980 at Charge Conference a building committee was elected. They met several times to discuss possibilities, needs and two questionnaires were sent to Hites Chapel members. On Homecoming Sunday (1981) a meeting preceded Sunday School at which Harry Spiker was authorized to go ahead with a shell building from Shen- Valley Homes. The new building would have space for two restrooms, fellowship hall, kitchen and three classrooms. Mr. & Mrs. Ralph Bassett provided the well, and Harry Spiker was leader of the work preparing the foundation and finishing the interior with good help from friends and neighbors. The building was dedicated at the Charge Conference on December 12, 1981. The Rev. Jim Messner served as pastor from 1979 -1985. During that time 30 baby blankets were sent to Annual Conference for Church World Service. In 1983 the last payment was made ou land from Mr. Haymaker. The debt on the parsonage was also paid in full, Hites Chapel centennial celebration was in 1981 with District Superintendent, Rev. Randy Arrington as guest speaker. The Rev. Lee Ramsey became pastor in 1985. He started spaghetti suppers and yard sales as fundraising events. New steps were built to the Rites Chapel sanctuary. Kenny Pine rewired the church in 1986. Harry Spiker made a doorway and ramp for the handicapped. The church voted to give three -years of scholarship money for Randy Omdorff to attend seminary. He was the first from this charge to enter ministry. Peggy Keeler became charge secretary. Cheryl Miller joined as our pianist and helped to form a church choir. A speaker system was installed in memory of Clarence Tevalt. Jeff Dorsey joined the congregation as pastor in 1987. He preached a revival, returned offerings and organized a fund to purchase new hymnals. Rites Chapel members donated funds for pew Cushions. Plaques with the names of those that donated pews were placed on the wall in the sanctuary. In 1988 Rev. Tim Teates became our new pastor. Outside lights and new handrails were installed. Al Wymer repaired the church foundation. The Bly's donated funds to cover two chairs to match the pews. Several old trees were removed in 1989. Peggy and Helen Keeler held office in the District of United Methodist Women. Old hymnals were packed and shipped to the Pbilippines. The inside of the church was plastered and painted in 1990, Money raised from a yard sale went to help Scott Miller at college. A telephone was installed in Fellowship Hall in 1991, bees were destroyed, fans installed, and the outside of the church was painted. Friends of the church, Dorothy and Leslie Carper, made kneelers for the altar, and donated brass candlesticks. The Vivian Headley estate made a generous donation of $39,290 to Hues Chapel. In 1992 members voted to adopt a highway about three miles long. Harry and Grace Spiker donated a crib and a church nursery was started_ Thanks to George Feathers and the stone quarry, Hiles Chapel was able to add gravel to the driveway. A storage building was added, and a ramp was built to accommodate the new lawn mower. A new oil stove was purchased to heat the church. Kenny Pine installed a dusk -to -dawn light, and new carpets were added to match the pews in 1994. In 1995 Ray West donated an organ. A kitchen stove was donated by Shirley Brehm. The church and Fellowship Hall were sprayed for termites. During worship at Cedar Creek, five new members joined, with Emily Eller being baptized by irnmctsion. A church cookbook was published, and all copies were sold_ Lea Hollar and Wayne Mller made inscribed plaques with names of deceased members in 1996. Bill Lineburg donated cushions for the piano and organ benches in 1997. Insulation was added to the building, and a tree stump was removed, Rev. Robert C. Blinn became pastor in 1998 adding everything to the choir. The parking lot was cleared, leveled and graveled. The Catherine Pangle estate made a generous donation of $10,000 in 1999. Appliances at the parsonage were replaced, and the driveway was paved. Recent events of historical importance at Hiles Chapel include the expansion of the parking area in 2000 and the donation of 1/4 acre to square the back line of the church property (by the Haymaker Family). Charge Secretary, Margaret Crompton was hired in 2000. Vonnie Orndorff became the church organist and began taking organ lessons. A new cook stove was purchased for the kitchen. Six new members joined the church, along with the Rev. Raymond Wrenn. An air conditioner was donated by Mr. & Mrs. Billy Marshall for the use in Fellowship Hall. On June 19th member Doris Wetzel had a successful lung transplant. A building fund was started for a picnic shelter. Picnics on Cedar Creek started up again, including worship, lunch and tubing. A successful auction and spaghetti supper fundraiser was held in April with donations going to the building fiend. The church completed the construction of the shelter at the end of 2001. On June S a two -rank, full - console electronic Allen organ was acquired from Dr. Charles Leeper. The purchase of the organ was made possible due to the generous donations of Bill Lineburg, Rev. Raymond Wrenn and Kay Lineburg. Also in June, the church was painted, and an open house was held at the parsonage. On July 1st a reception was held in honor of Pastor Bob Blinn, and his wife, Mary Beth, to celebrate the 20th anniversary of their ordination. Members in honor or in memory of loved ones donated twenty -five hymnals. Hites Chapel is noted for their spaghetti suppers in April and turkey -ham dinners each November. "The Cruz -in Car Shoal" started in August 2005, thanks to Fred and Marie Cheshire and members of Hites Chapel United Methodist Church. All profit is used to support the church each year. Danny Bassett was the speaker for the annual August Homecoming service in 2006. In October 2006 a new brick church sign was installed :near the road at Bites Chapel with memorial funds received from Wayne "W' Lineburg. Iky was an active member and served as treasurer for many years. Jolene Tevalt and Annie Hinman became acolytes in 2007. The barbeque pit at the picnic shelter was completed in 2008 by Cameron: Triplett (an Eagle Scout project). The front porch to the sanctuary was remodeled in 2009 by David Omdorff. Rev. Mary Lock left in December 2009, in January 2010 retired Rev. Saundra Nottingham served until June 2010. Rev. Aaron .Fitch became the pastor in July 2010. Nov 19 12 10;38a VR Dept of Hist Resources 5407227535 p.6 Frederick County, Virginia: History Through Architecture Maral S. Kalbian z V e I �� � ��u ��:- � /W�y Winchestc -r— Frederick County Historical Society Rural Landmarks Publication Committee Nov 19 12 10:38a VA Dept of Hist Resources 5407227535 p.8 Figure 4.41 Howard's Chapel is located seven miles northwest of Whitehall. Still used as a United Methodist chapel, it was constructed in 1874 and named after its first preacher, Rev. James W Howard. (Dhow by Ben Ritter) Figure 4.¢2 Located about five miles guest of Middletown, Hite's United Methodist Church was con - stnscted in 1884. It features a plain exterior with limited archi- tectural details such as rdne ;giver -nine windows, louvered wooden shutters, a four -light transom over double doors, and gable -end returns. {Plhoto by Maral S. Kalbian) 1861 -1900 1 Many churches of the period, such as Howard's Chapel, lacked exterior decoration altogether (Figure 4.41). Constructed in 1874, this plain one -room, three -bay, frame church features a central flue, six-over-six-sash windows, and a four -panel door topped by a three light transom. A similar church is Hite's United Methodist Church (Figure 4.42). Before the current chapel was constructed in 1884, the congregation met in local homes and schools. Education Although this period marks the beginning of public education in Frederick County as mandated by the 1869 Underwood Constitution, private education continued to flourish during the late nineteenth century. Many old schools and academies that had closed during the Civil War were reopened, and new schools, including three academies for females, were established in Winchester. Nov 19 12 10:36a VA Dept of Hist Resources 5407227535 E VIR61NIA idenn. r 34- 251_. ;.. i DIVI OF HISTORIC LANDMARKS . 9491._-... - - ? " Hls'rot LC DISTRICT/ BRIE SU RVEY FORn� .—, Villagej hamlet Rural County reef address or route nunlbcr' Rou Ce 627 istoric name Bite's :went Use Church 1191n11 use c hurch Construction Materials 2 vood frame Q brick bond: ❑ English ❑ F ❑ --course An1Crican ❑ stretcher ❑ other ❑ stone Q random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑log: ❑ squared Q unsqua red notching: ❑ sturco Q V- notch Q hall dovetat; ❑ saddle Q full dovetail ❑ squalU ❑ diainond 7 concrete block Q enameled metal J terra cotta. C glass 7 Steel frame ❑ roof' not visible 7 other - -- Cladding Material dwcatlterbaald ❑ranipositionskiing ❑ vCrr leaf siding ❑ sturco ❑ board &. balled ❑ aluminum ur vinyl siding ❑ shingle: ❑ calsl iron ❑ wood ❑ street inetat cl .1.Nix"los Q enameled metal ❑ € Npl€all C glass ❑ bricktex ❑ roof' not visible ❑ other other County hrederick tJ.S.( ',.S -Quad Middletowil Co Unit IiuildingStyla vernacular n,�ti.t; „� [7air+rct 1884 3. Stories (ntmtbet) 01ow basement ❑ raised basen]cnt 4. Bt }ys(nu€nbery: front ...1_.-- _._„__-- side (church) .-.. symmetricsl ❑ asymnlelrical 5. Etool7 - ype ❑shed ❑ hipped rparapct? ❑ pyrunlidal? 2(gable ❑ mansard ❑ pediment? ❑ false mansard ❑ parape•> ❑ gambrel ❑ clipped end? ❑ flat ❑ cross gable? ❑ parapet') ❑ central front gable? ❑ roof' not visible ❑ other 6. !tooling Ivtatcrial ❑ 511titg,IC ❑ etnnposition (asphuh, asbestos, etc) wood nlylat � taudIR63Can1 ❑ ens'ru gated ❑ pressed tin (simulated sbingles) Q tile ❑ pulailL+ n Ilal ❑ slate ❑ not visible 7 llnrnwrs (number) lioitt ❑ give ❑ peciimcat? ❑ .titled ❑ hipped 8. frilnary Forth ❑ glazed stories - - -- levels __ _- - -__,_ hays -- -_ descriptio and decorative details 9, General supplenlen €aiy description artd decoration' 9/9 wl €i€lows ; 4 -lite transom over double doors; 6/6 window in gable end; louvered shutters 10. Majoradditipi s and aheratinr]s'. Exterior end flue (concrete block); side window made into a dour ll, Utttbuildhtg,: frame outhouse; 1 - story, 4 -hay vinyl- sided meeting house building c. 1981 12. Landscape Features: Mature trees; shall cemetery surrounded by chain link fence L Local church for this commull ty. 5uiveyecl by: Maral Kalbian Date' 02/89 r P.2 County of Frederick XIXIUi1iXXWIW Wl Ix11x Y/ YX IxHX IXWIWXIIUIW lylXxflNrifXANNY16f WNXIYtapxxl Wxllx� Paula A. Nofsinger Director of Human Resources (540) 665 -5668 FAX: (540) 665 -5669 pnofsing @co.frederick.va.us TO: Board of Supervisors FROM: Lynsey Orndorff, HR Generalis DATE: December, 2012 SUBJECT: Employee Recognition Please find attached resolution recognizing Eddie K. Kenney With the Northwestern Regional Adult Detention Center for Employee of the Month, December. Mr. Kenney plans to attend the December 12th Board Meeting to accept his award. Thanks 107 North Kent Street Winchester, VA 22601 -5000 County of Frederick Employee of the Month Nomination Form Outstanding service can be demonstrated in many ways, but it always involves more than just good job performance. An employee can be outstanding for suggesting improvements that result in greater efficiency, improved service, or cost savings; for leadership in departmental activities, for the department's goals or for the goals of the county as a whole. Outstanding service includes job performance that clearly exceeds requirements. The Board of Supervisors must discount generalities not supported by specific examples of activities which support the nomination. Remember, there is no way to know whether specifics are missing by accident or because they do not exist. If you believe an employee has made an outstanding contribution, give specific examples of what they have done. Nominations are not judged on how well you write. However, they are judged on the facts presented. Employee Name: Eddie K. Kenney Nomination Submitted By: James F. Whitley Department: NRADC Department: NRADC D191WI1y dqg dLy JM, F. Whitley Nominator Signature: James F. Whitley DK111 ama i.whe le y �al��hl� o.F�= k��, =USA Date: October 11, 2012 f- VQ.10.1113:10A3 -CZ' Reason for Nomination (please be specific, precise, and definite): Eddie Kenney has been employed by NRADC since June 12, 2006 as a Facility Maintenance Technician. Throughout the years Eddie has earned the reputation as one who puts others before himself. On the night of Friday, June 29, 2012 a massive wind and electrical storm moved across our region causing a complete power outage to our facility. Eddie Kenney was called in by the Watch Commander to assist in the service issues at 23:00. Eddie stayed throughout the night into Saturday afternoon, even though his own house was without power. His act of selflessness allowed the NRADC staff to better react to the interruption in power at the facilities. His actions display a commitment to ALL of the attributes mentioned in the NRADC Organizational and Personal Imperatives which includes Security and Safety, Integrity, Courage, Loyalty, Teamwork and Professionalism. It is with great pleasure that I nominate Eddie K. Kennedy to compete for the prestigious award of Frederick County Employee of the Month. HR Section: Received: Emailed to HR Committee: € \ 4 2 0. MIZ, COUNTY of FREDERICK John R. Riley, County Administrator 173& 5401665 -5666 Fax 5401667 -0370 TO: Board of Supervisors E-mail: jriley @ca.frederick.va.us FROM: John R. Riley, Jr., County Administrate DATE: December 5, 2012 RE: Committee Appointments Listed below are the vacancies /appointments due through February, 2013. As a reminder, in order for everyone to 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. VACANCIES /OTHER Extension Leadership Council William H. Schuller — Red Bud District Representative 915 Valley Mill Road Winchester, VA 22602 Home: (540)662 -6145 Term Expires: 06/22/15 Four year term (Mr. Schuller has resigned.) Shenandoah Area Agency on Aging Cheryl C. Swartz — Frederick County Representative 122 Country Club Circle Winchester, VA 22602 Term Expires: 09/30/14 (Ms. Swartz has resigned. Frederick County has two members on this board. According to agency by -laws, members may only serve two terms. The Board of Supervisors will need to nominate an individual for consideration to their board, with final appointment being made by the Area Agency on Aging.) (See Attached Correspondence and an Application) 107 North Kent Street ® Winchester, Virginia 22601 Memorandum — Board of Supervisors December 3, 2012 Page 2 DECEMBER 2012 Board of Equalization Michael A. Lake - County Representative (Gainesboro District Resident) 861 Valley View Drive Winchester, VA 22603 Home: (540)665-0108 Term Expires.: .12/31/12 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. Recommendations for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment) Chapter.10 Board Derek C. Aston -- County Representative 100 Scenic View Place Cross Junction, VA 22625 Home: (540)888 -3647 Term Expires: 12/31/12 Three year term (Mr. Aston does not wish to be reappointed. The Chapter 10 Board is composed of representatives from each of the jurisdictions within the planning district. The county has three seats on the Chapter 10 Board Members serve a three year term and may only serve three consecutive terms.) JANUARY 2013 Historic Resources AdvisQa Board Rhoda W. Kriz -- Member -At -Large 547 Apple Pie Ridge Road Winchester, VA 22603 Term Expires: 01/12/13 Four year term (Mrs. Kriz does not wish to be reappointed.) Memorandum — Board of Supervisors December 5, 2012 Page 3 FEBRUARY 2013 No remaining appointments due for February. J RR/tjp Attachment U:I TJPlcommitteeappointmentsl MemosToardCommitfeeAppts (121212Mtg ).dock CHERYL C. SWARTZ 122 COUNTRY CLUB CIRCLE WINCHESTER, VA 22602 November 15, 2012 John Hudson, Chairman, Board of Directors Shenandoah Area Agency on Aging, Inc. C/o Bank of Clarke County PO Box 391 Berryville, VA 22611 Dear John: 2012 I am writing to let you and all the other Board members know that I will be resigning my position on the Shenandoah Area Agency on Aging. The resignation is bittersweet for me. While the position has been personally rewarding, I feel that I cannot give the time required for the additional meetings that have become the norm. I will be gone again this year for 2 months while the Virginia Legislature is in session and knowing the issues that are before this board felt it is unfair to everyone for me to continue to hold the seat for Frederick County. While I will miss working with you and the other board members as well as the wonderful staff of SAAA, I know that many of the friendships I have made over the last few years will continue. Sincerely, Ax -- <�'( - T - Cheryl Swartz CC: John Riley Richard Shickle Teresa Price — 10m: David Ziegler [dmziegler @comcast.net] At: Wednesday, December 05, 2012 3:52 PM o: Teresa Price Cc: John Riley; 'Cindy Palmer'; m.lebrecht @shenandoahaaa.com Subject: FW: SAAA Board Attachments: Resume - Zieglerl 1.docx; Press Release OH.doc Importance: High Hello..l would be very interested in joining the SAAA Board representing Frederick County. I believe that I could be of assistance with your team in this important time ... Over the years i was on the Child Parent Center, ARE , Lord Fairfax CALFC, Faith in Action etc., Boards, and am familiar with SAAA essential services from my 20 years with NWCSB and Our siealth,.as Executive Director ... All the Best—Dave Ziegler, 120 Boydton Plank Drive, Stephens City, VA 22655, From: Marsha Lebrecht I' aj Ito. marsha.lebrecht @ shenandoahaaa.com Sent: Wednesday, December 05, 2012 2.40 PM To: 'David Ziegler' Cc: 'Cindy Palmer' Subject: SAAR Board Hi Dave: If you contact Teresa Price at tprice@co.frederick.va.us and let her know you would like to fill Cheryl Swartz's empty seat she can help you. Let me know if you need anything else. nank you. Marsha LeBrecht ecutive Assistant1HR Specialist _ ienandoah Area Agency on Aging 207 Mosby Lane Front Royal, VA 22630 Office: 540 -635 -7141 x 302 Fax: 540 - 636 -7810 m.lebrecht@shenandoahaaa.com David M. Ziegler 120 Soydton Plank Drive Stephens City, Virginia 22655 Dome: 540- 868 -8784 Email: dmziegler@comcast.net Fax: (540) 868 -8785 Career Objective: To work with a pro - active, professional and team oriented company /organization, in areas of Human Resources; marketing /promotion; customer services; management etc.. Available for flexible schedule of +- 3 days /week. I. EDUCATIONAL CREDENTIALS Post Graduate: Doctoral Studies in Public Administration, Virginia Commonwealth University, Richmond, Virginia 1985 — 1987 Graduate School: Masters of Arts Degree in Counseling, Indiana University of Pennsylvania, Indiana, Pennsylvania 1974 College: Bachelor of Science Degree in Rehabilitation, with a Minor in Psychology, Indiana University of Pennsylvania, Indiana, Pennsylvania 1971 [Certified Rehabilitation Counselor and Certificate in Public Health Management: UNC ] II. PROFESSIONAL EMPLOYMENT 412010 — Current Organizational Management Consulting, Marketing and Counseling Services Stephens City, Virginia Provision of independent, Community non - profit HHS, and for - profit/private organizational consulting in areas of: budget, program design, public affairs /marketing, Behavioral Health programs assessment and innovative- best practice services development/application. Have provided services with Our Health, Inc., the WV Division of Rehabilitation, area public /private companies. 11103- 312010 Executive Director, Our Health, Inc., Winchester, Virginia David M. Ziegler Page 2 Administrator of a regional non -profit health care and human services provider network/partnership -Model for the Nation; Services include grant writing, program management and evaluation; Development of a Community Services Campus that encompasses = 65,000 square feet of health and human services facilities for 15 different public and private organizations; shared administrative support services; care coordination; consultation regarding counseling and client direct services; area needs assessment; contract development; grants administration; governmental affairs/ promotion and education, and services outcome measurement. 11100 —11103 President and CEO, Southeastern Consulting, Inc., Stephens City, Virginia Health care services and organizational system consulting. Strategic services provided in 12 states, including; FL,CA,TX,PA,VA,IN,NC,OH etc., including health economic treatment outcome studies and publication; community - based/ publicly funded programs design and startup; organizational and provider system direct care analysis and redesign; healthcare access programs for providers and consumers; governmental affairs; public awareness and community educational services; marketing and promotions; quality assurance policy and system development. 03187 —11100 Executive Director, Northwestern Community Services, Winchester, Virginia Chief Executive Officer of community MH/MRJSAS rehabilitation agency, serving over 6,000 individuals annually, with a budget of $10 million per year, in a six jurisdiction area. Responsible for budget development and administration; managed care contractual and partnership development; administrative oversight of program development/design, and implementation per local, state, and federal regulation/policy; agency policy development and implementation; personnel policy administration; capital projects development/ administration; resource utilization/analysis; grant writing; board development; formal liaison with local, state, and federal agency heads; quality assurance; advocacy relations; public relations; and proactive leadership with agency, the board, and community. 03181 -- 03187 Director of Developmental Disabilities, Southside Community Services Board, South Boston, Virginia David M. Ziegler Page 3 Responsible for administration of rehabilitation and direct services for a three - county area, for persons with mental and developmental disabilities, as provided at five facilities. Duties included program development and administration policy development and compliance with state and federal standards, human resource management, budget preparation, public relations, grant writing, quality assurance and human rights compliance, supervision of 30 professional staff, and liaison with state and local government. Services included educational programs, case management, vocational training, clinical services, residential care, prevention, and medical rehabilitation. 10183 -- 03187 Vice President of Operations, Southside Community Services Board, South Boston, Virginia Responsible for administration of vocational, education and training; and supported employment programs. Planning and development for a new regional vocational rehabilitation center, in South, VA. Duties included overall product development, procurement; development and pricing of contracts, fiscal management, program development, interagency liaison, wage and hour compliance, marketing, and staff supervision. Programs served by disability groups. 07171— 02181 Director of Services (05177 — 02181), Cambia County Association for the Blind and Handicapped, Johnstown, PA Managed comprehensive rehabilitation and mental health services of large private agency. Responsibilities included staff supervision; program development and evaluation; grant writing; interagency liaison; program consultation; policy; development of E.O.E.; wage, hour, and program compliance with state and federal standards; financial and programmatic analysis; marketing; vocational assessment; individual and group counseling; job placement; chairing of team/client staffing; report/progress reporting. Supervised vocational training and personal adjustment/evaluation services as provided to physically and mentally handicapped individuals. Responsibilities included staff training and evaluation, report writing, interagency liaison, job placement, consultant to day treatment and other facilities, case records and program/treatment plan supervision, program development, III. ADMINISTRATIVE & ORGANIZATIONAL EXPERTISE David M. Ziegler Page 4 + ;• Budget Development & Administration: (30 years experience) Ten plus million dollar Health and Human Services Organizational Budget, including revenue and expense /cost projection, analysis and management, resource allocation. •;• Human Resource Administration: (30 years experience) Development and administration of a comprehensive personnel system including policies, benefits, administration, employee counseling /EAP, training, compensation, team building, recruitment, evaluation, grievance and employee relations, E.E.O.C., Human rights and A.D.A. compliance. •:+ Governmental Relations: (28 years experience) Primary organizational representation to local, state, and federal governmental organizations and executive leadership offices, essential content including funding, grants, policy and legislation. • ;• Organizational Analysis /Consultation: (28 years experience) Expertise in the analysis, refinement, and/or redevelopment of healthcare organizations, including: management structure, service integration, continuous quality improvement, reorganization and services alignment with evolving market trends, consumer needs, organizational strengths, and professional organization/provider system liaison. • ;® Managed Care 'Technology and Applications: (25 years experience) Extensive study and skill in the development and application of care management technologies and strategies for healthcare organizations and provider systems; expertise in the analysis of managed care systems and their implications for healthcare providers. Completion of provider organizational appraisals for managed care readiness and strategic actions required to effectively maximize service effectiveness and operational efficiency. Essentials for provider networks and value of non - traditional consumer/ patient supports and services. Research and Treatment Outcome Measurement: (15 years experience) Developed, conducted, and published a series of significant research studies of behavioral health treatment and health outcome economics. These studies have reviewed treatment outcomes of new generation Antipsychotic medications for schizophrenia in the domains of employment, living arrangements, hospitalizations, response to treatment, cost analysis, and system redesign. •;• Healthcare Facility Design & Construction Project Management: (28 years experience) Outpatient; physical rehabilitation; residential treatment, adult and children; daycare; vocational training; administrative programs/ services; pre - design program/ market analysis; facility compliance with state /federal regulations and licensure standards; consumer need and program analysis; Historic and New Market Tax Credits David M. Ziegler Page 5 programs; LEED certified facilities; programs facility design; budget development; project compliance with public policy standards 150,000 square feet. ❖ Promotion — Education — Marketing: (30 years experience) Expertise in healthcare products, outcomes, and systems promotion, education, and marketing. Partnership development between public and private corporations /entities. Audiences include local and state governments, payers, national consumer organizations, and policy decision makers. IV. PROFESSIONAL AFFILIATES AND LEADERSHIP ❖ Past President of Mid - Atlantic Vocational Evaluation/Work Adjustment Association •b• Past President of Virginia Rehabilitation Association ❖ Past Chairman of the Virginia Behavioral Healthcare Partnership Board 4- Member of the Executive Committee of the Virginia Association of Community Services Boards •:+ Past President of the Winchester Area Child- Parent Center (Prevention of Child Abuse) ❖ Past President of Aids Response Board of the Northern Shenandoah Valley ❖ Past President of the Virginia Association of Rehabilitation Administrators •2• Special Liaison to the Psychiatric Society of Virginia V. REFERENCES Professional references available upon request. David M. Ziegler MA,CRC J f Y T , IC0 329 N. Cameron Street, Suite 200 • Winchester, VA 226oi • 540 536 - 1600 • (Fax) 540 - 535 Ziegler to End Tenure at Our Health March 15 David M. Ziegler will end his six -plus years as Executive Director of Our Health on March 15. Board of Directors Ziegler announced his decision to return to a direct service role or pursue a possible college teaching John C. Capebart Rd. D. career on Wednesday. Chairperson Ziegler, 60, has served as Executive Director of the Winchester -based non -profit since November Hunter Gaunt, M.D. 2003. He is Our Health's second Executive Director, following David A. Sweeney, who served from Vice Chairperson July 1999 until Ziegler's hiring. Alan McKay, Ph.D. The Our Health Board of Directors has voted to have the Valley Health System (VHS) Department Treasurer of Human Resources begin a search for Ziegler's replacement. (Our Health's director is a VHS sari Foreman employee.) John Bor Green LEED - Certified buildings in the Northern Shenandoah Valley, the Phase II buildings Secretary Ziegler's announcement comes as Our Health reaches the successful conclusion of its Phase II Leonard ill construction project. His involvement with Our Health goes back more than a decade to the original Robert Kendall M.D. steering committee that conceived the non -profit campus concept to meet the needs of the Cha Emeritus underse or at -risk. Wayde Byard Ziegler reported on the organization's recent accomplishments during its annual meeting on Monday Barbara Byrd in the Eagles Conference Center on the Our Health Campus. These accomplishments include; sari Foreman • The completion of Phase 11 of the Our Health campus on Cameron and Baker streets. The first xie`"itt Ph. D. " Green LEED - Certified buildings in the Northern Shenandoah Valley, the Phase II buildings Mr,. _` M nt M will house the Winchester Department of Social Services and the Health Department. Our Leonard ill Health invested $400,000 in Phase II without incurring debt. Faith Poower wLrholiand Faith Receiving $499 000 Compassion Capital Federal Health and Human Services • g � p p grant. Our John Rile Health is one of only 45 entities nationwide to receive this grant. Terry Sinclair, M.D. • Expanding volunteer registration on Our Health's Web site. More than 12,000 people visited Executive Director this site with 104 registering to become volunteers. David Ziegler, M.A., C.R.C. • Receiving Virginia's AARP Non -Profit Partner of the Year Award. In Honor Before becoming Our Health's Executive Director, Ziegler was Director of Northwestern Alson smith Jr. Community Services, from March 1987 until November 2000 before forming his own consulting Martha Burroughs firm, Southeastern Consulting, Inc. In addition to Northwestern Community Services, Ziegler has worked as Vice President of Operations for the Southside Community Services Board in South Boston (October 1983 -March 1987); as Director of Services for the Cambia County Association for the Blind and Handicapped in Johnstown, PA (July 1971- February 1982); and as a Rehabilitation Specialist and Rehabilitation Counselor (1971 -74). Ziegler holds a bachelor's degree in rehabilitation with a minor in psychology and a master's degree in counseling from Indiana University of Pennsylvania and has done doctoral studies in public administration at Virginia Commonwealth University. Submitted by: John Capehart Ed. D. Chairperson 540- 667 -9096 540- 931 -2751 Cell "Building a Healthy Community through innovative Health & Human Service Partnerships" \/ BOARD ' SUPERVISORS L7 9 RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY CONCURRING WITH A FINANCING TO BE UNDERTAKEN BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA, TO BENEFIT SHENANDOAH UNIVERSITY WHEREAS, the Economic Development Authority of the Town of Mount Jackson, Virginia (the "Authority "), has received an application from Shenandoah University, a not -for- profit Virginia non -stock corporation (the "University "), requesting the Authority to issue one or more series of Educational Facilities Revenue Bonds in an aggregate principal amount not to exceed $16,000,000 (the "Bonds ") to finance (a) the costs of constructing, improving and equipping (1) one or more capital improvements to be located on the portion of the University's main campus within the boundaries of the City of Winchester, Virginia, including without limitation, (A) a new Health Sciences building of approximately 50,000- 55,000 sq. ft. (including classroom, office, laboratory, study, lounge, conference and event spaces), and (B) a new residential facility of approximately 28,000 to 40,000 sq. ft., (2) one or more capital improvements to be located on the portion of the University's main campus within the boundaries of the County of Frederick, Virginia (the "County "), including without limitation, a new athletic field house of approximately 95,000 to 120,000 sq. ft. (including athletic facilities, locker rooms and office space), and (b) certain related working capital and issuance expenses incurred in connection with the issuance of the Bonds (collectively, the "Project "); and WHEREAS, Section 15.2 -4905 of the Code of Virginia of 1950, as amended (the "Virginia Code "), states that an industrial development authority may not finance facilities in another jurisdiction that has created its own industrial development authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution;" WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code ") requires that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Bonds is located approve the issuance of such Bonds; WHEREAS, Section 147(f) of the Internal Revenue Code requires that any such approval by the applicable governmental unit be given after a public hearing following reasonable public notice, which hearing may be held by the public authority issuing the Bonds; WHEREAS, on December 10, 2012, in accordance with the requirements of Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, the Authority held a public hearing and adopted a resolution (the "Resolution "), a copy of which has been filed with the records of the Clerk of the Board of Supervisors of the County; WHEREAS, the University has requested the Board of Supervisors of the County to express its concurrence with the Resolution so that a portion of the net proceeds of the Bonds may be loaned to the University to finance a portion of the Project to be located in the County. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors hereby approves the issuance of the Bonds by the Authority for the benefit of the University, as required by Section 147(f) of the Internal Revenue Code and Section 15.2 -4906 of the Virginia Code, and concurs with the Resolution adopted by the Authority for the benefit of the University to the extent required by Section 15.2 -4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bonds to the University to finance the portion of the Project to be located in the County. 2. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the University. As required by Section 15.2 -4909 of the Virginia Code, the Bonds shall provide that the County will have no obligation to pay the Bonds or the interest thereon or other costs incident thereto. 3. All acts and doings of the officers of the County and members of the Board of Supervisors that are in conformity with the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and confirmed. 4. This Resolution shall take effect immediately. ADOPTED this 12 day of December, 2012. M) Richard C. Shickle Ross P. Spicer Gene E. Fisher Christopher E. Collins Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. John R. Riley, Jr. Frederick County Administrator Resolution No.: COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us MEMORANDUM TO: Board of Supervisors FROM: Roderick B. Williams County Attorney DATE: November 29, 2012 RE: Code & Ordinance Committee Report of October 26, 2012 Meeting — Proposed Revisions to County Code Chapter 155, Taxation At the Board's meeting of November 14, 2012, the Board deferred consideration of proposed revisions to County Code Chapter 155, Taxation, in particular because the Code & Ordinance Committee had previously deferred consideration of one of the revisions, concerning the amount of interest the County receives in connection with delinquent machinery and tools tax payments, while awaiting receipt of more background information on that item. That background information is now available, as provided below, and it appears appropriate for the Board to consider authorizing a public hearing on the proposed revisions to Chapter 155. A copy of the proposed revisions is attached. Three of the sections proposed for revision concern junk dealers, pawnbrokers, and precious metals dealers; the other 18 sections proposed for revision concern other matters. This memorandum provides a brief summary of the proposed revisions and the relevant background information for the machinery and tools tax interest revision. For the code sections proposed for revision, this memorandum groups the sections by category. Signature and informational requirements for tax returns; other requirements • 155 -3 — Clarifies signature requirements. • 155 -59 — Conforms records retention requirements for business license taxpayers with the general statute of limitations for enforcement of taxes (current year and previous three years). • 155 -73 — Adds requirement that taxpayer display business license. 107 North Kent Street • Winchester, Virginia 22601 • 155 -76 — Changes the information required to be included on a business license tax return. Interest on machinery and tools tax • 155 -6 — Eliminates the collection of interest on this tax, so that the County will not face the opposite requirement of paying potentially substantial interest on tax refunds resulting from taxpayers filing amended returns. The Treasurer's Office reports that, for each of the last three completed calendar years, the County collected in total less than $100 per year in interest on this tax. Enforcement procedures • 155 -58 — For transient occupancy tax, changes procedure for notice of failure to file to permit e -mail notice, if e -mail notice previously consented to by taxpayer. Also eliminates costly certified/registered mail requirement, in favor of regular mail, if e- mail notice is not available. • 155 -61 — For transient occupancy tax, clarifies to allow administrative summons for information maintained by third parties. • 155 -88 — Clarifies regarding failure to file as basis for statutory assessment. • 155 -93 — Clarifies that a violation is a Class 1 misdemeanor. • 155 -123 — For meals tax, changes procedure for notice of failure to file to permit e- mail notice, if e -mail notice previously consented to by taxpayer. Also eliminates costly certified /registered mail requirement, in favor of regular mail, if e -mail notice is not available. • 155 -129 — For meals tax, clarifies to allow administrative summons for information maintained by third parties. General business license provisions • Elimination of Article XVII and XVIII headings, for purposes of consolidation of all three Articles XVI, XVII, and XVIII into one Article XVI regarding business licenses — Presently, the references in the sections contained in these articles are confusing, in that in some instances, the sections might only refer to the provisions of one business license article instead of all three. The provisions of the three articles are substantially interrelated and should constitute a single article. • 155 -68, 155 -95 and 155 -96 — Clarifies by cross - referencing the entire article regarding business licenses. • 155 -86 — Clarifies regarding transfers of business licenses. 155 -98 — Eliminates the requirement that the County Administrator issue permits for carnivals, circuses, and trained animal shows. To the extent that these activities constitute "festivals" under Chapter 86 of the County Code, those provisions would still require regulatory permitting as festivals. • 155 -100 — Clarifies provisions regarding itinerant merchants. • 155 -112 — Adds a business license provision for flea markets, as the current treatment of flea markets is unclear. Junk Dealers /Pawnbrokers /Precious Metals Dealers 155- 101, 155 -102, and 155 -111 — The general purpose of these revisions is to eliminate references to the County Code articles that are proposed for deletion and to change the references instead to the State Code. Attachment CHAPTER 155 TAXATION Article I General Provisions § 155 -3 Tax returns; failure to file. A. The annual return of taxable tangible personal property and mobile homes for the County shall be filed with the Commissioner of Revenue for the County on or before the 15th day of February of each year, except as stated in Subsections D and E; provided, further, that the annual return of taxable personal property for any motor vehicle, trailer, airplane or boat acquired after January 1 shall be filed with the Commissioner of Revenue on or before the 15th day of February of each year or within 60 days from the date of acquisition or situs in the County, whichever occurs later. Each return shall be signed by the owner of the property. If the Property is owned by an association, partnership, limited liability company, or corporation, the return shall be signed by a member, partner, executive officer, or other person specifically authorized in writing by the association, partnership, limited liability company, or corporation to sign. B. The annual return of taxable machinery and tools, furniture and fixtures employed in a business or trade for the County shall be filed with the Commissioner of Revenue for the County on or before the 15th day of March of each year; provided, further, that the annual return of taxable machinery and tools, furniture and fixtures acquired after January 1 shall be filed with the Commissioner of Revenue on or before the 15th day of March of each year or within 60 days from the date of acquisition or situs in the County, whichever occurs later. Each return shall be signed by the owner of the property. If the property is owned by an association, partnership, limited liability company, or corporation, the return shall be signed by a member, partner, executive officer, or io. limitbd liability comaanv. or corporation to sian. [Remainder § 155 -3 would be unchanged.] § 155 -6 Interest on delinquent taxes. Pursuant to the authority granted by § 58.1 -3916 of the Code of Virginia, 1950, as amended, interest shall be due and payable on all delinquent taxes on tangible personal property, m and teels, real estate, sanitary district tax, business license tax, transient occupancy license tax, meal license tax, public service tax, bank franchise tax, streetlights tax, short -term rental, and all penalties thereon from the first day following the day such taxes are due at the rate of 10% per annum. Article XIV Transient Occupancy Tax § 155 -58 Failure to collect or remit tax. § 155 -59 Preservation of records; examination. A. It shall be the duty of every person liable for collection and remittance of the taxes imposed by this article to keep and preserve,, for t��T..o yea„FS the current year and the previous three years, records showing all room rentals taxable under this article, the amount charged for each room rented, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. B. The Commissioner shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such person, for the purpose of administering and enforcing the provisions of this article and to make transcripts of all or any parts thereof. 2 § 155 -61 Enforcement. A. It shall be the duty of the Commissioner to ascertain the name of every person operating a motel in the County liable for the collection of the tax imposed by this article who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The Commissioner may have issued a summons for such person or any other person whom the Commissioner believes to have information concerning the collection of the tax imposed by this article and /or the nonpayment of such tax or nonfiling of the reports required by this article and the summons may be served upon such person by the Sheriff of Frederick County in the manner provided by law. One t uFn „f § 155 -73 Licert Vrequ ' ement. A . Every peaging in Frederick County in any business trade, profession, occupation or calling (collectively hereinafter "a business ") as defined in this article, unless otherwise exempted by law, shall apply for a license for each such business if such person maintains a definite place of business in this County, such person does not maintain a definite office anywhere but does maintain an abode in this County, which abode for the purposes of this article shall be deemed a definite place of business, or there is no definite place of business but such person operates amusement machines, is engaged as a peddler or itinerant merchant, carnival or circus as specified in § 58.1 -3717, 58.1 -3718 or 58.1 -3728, respectively, Code of Virginia, or is a contractor subject to § 58.1 -3715, Code of Virginia, or is a public service corporation subject to § 58.1 -3731, Code of Virginia. A separate license shall be required for each definite place of business. A person engaged in two or more businesses or professions carried on at the same place of business may elect to obtain one license for all such businesses and professions if all of the following criteria are satisfied: (4) dis lace `re visible by the public B. For all classiMd lice es computed on a gross receipts basis, Gross gross receipts under $4,000 will not require a business license in Fderick County. Any person who exceeds gross receipts of under 4 000 must meet all licensefapplication requirements within 30 days of ing the $4,000 threshold. § 155 -76 UdWe application. A. Every person liable to pay a license tax under the provisions of this article shall make application therefor, in writing, to the Commissioner of the Revenue of Frederick County. The Commissioner of the Revenue shall furnish license application forms, which forms shall be properly and fully executed by the applicant and shall contain such information as may be required by the Commissioner of the Revenue in order to properly assess the tax liability. B. The application shall contain at least the following information: (1) The name. M (2) The trade name. (3) The nature of the business. (4) The business address. (5) The mailing address of the applicant. (6) The business telephone number and any e-mail address (7) The certification /registration number issued by the State Corooration Commission. if the business is not conducted by an individual, but by an entity an entity, the agent. (11) Estimated and /or actual IVur s ecei s or purchases as appl Ature - of � (12) Sign the' caner Iines s is owned by an corporation, the application shall be signed by a member, partner, executive officer, or other person specifically authorized in writing by the association, partnership, limited (13) The date of the application (14) Proof of zoning approval, if applicable. (15) Proof of state licensure, if applicable. (16) Proof of public safety requirement satisfaction and /or satisfactory registration with the Sheriff's department, if applicable. (17) Proof of workers compensation insurance, if applicable. 5 C. Any such person including the individual signing on behalf of the business, who willfully subscribes any such return or application which is not true and correct as to every material matter shall be guilty of a Class 1 misdemeanor. § 155 -88 Assessment of omitted license taxes. If the Commissioner of the Revenue ascertains that any person has not been assessed with a license tax levied under the terms of this article for any license tax year during the past six years or for the current license tax year and that the absence of such assessment was due to failure to apply for a license or the fraudulent intent to evade taxes on the part of such person, it shall be the duty of the Commissioner of the Revenue to assess such person with the proper license tax for the year or years omitted, adding thereto the penalty set forth in this article. § 155 -93 Enforcement. A. In the enforcement of the provisions of this article, the Commissioner of the Revenue of the County of Frederick, in addition to the powers herein I specifically granted, shall have all the same enforcement authority with respect to County licenses that state law confers upon the Commissioner of the Revenue generally. As one of the means of ascertaining the amount of any license tax due under the provisions of this article or of ascertaining any other pertinent information, the Commissioner of the Revenue may propound interrogatories to each applicant and may use such other evidence he may procure. Such interrogatories shall be answered under oath, and it shall be a misdemeanor for a person liable for a license tax to refuse to answer any such interrogatories. B. The Commissioner of the Revenue or his duly qualified Deputy or Deputies shall have the power to summon any person by registered or certified letter or otherwise to appear before him at his office, at a time to be specified in such summons, and to answer, under oath, questions touching a taxpayer's license tax liability. Failure to answer such summons without good cause or failing or refusing to answer, under oath, questions touching their tax liability,, hall be a Class 1 misdemeanor. § 155 -95 Minimum tax on class i usiness and occupations. The amount of tax imposed on all classified licenses computed on a gross receipts basis shall be in no event less than $30 unless otherwise provided h°� in this article Higher minimums may apply as provided in this article. required to pay annually a fee for the issuance of such license as follows: (1) Gross receip f $4,000 to $14,999.99 will owe a fee of $30. (2) Gross receipts of $15,000 to $99,999.99 will owe a fee of $50. B. [Subsection B remains in force unchanged.] C. [Subsection C remains in force unchanged.] § 155 -98 Carnivals, circuses and trained animal shows. A. "Carnival" shall mean an aggregation of shows, amusements, concessions, eating places and riding devices operated together on one 7 lot or street or not on contiguous lots or street, whether the same are owned and actually operated by a separate person or not. Carnivals, festivals, fiestas and amusements of a like nature for the privilege of doing business in Frederick County shall pay a license tax of $500 per day or part thereof, which shall not be prorated or transferable. A peFM f F9M the Geunty Adminic+Fat-G-F Shall firc+ hn 0-h+ainnrJ hnfArn any lirnncn is C. On each transient vendor for the sale of bankrupt, assignee, trustee, fire - wreck stock or salvage stock, a license tax shall be paid of $500 per year which license shall not be prorated or transferable. D. No persons shall be exempt from the payment of the license tax imposed by this section by reason of associating temporarily with any local merchant, dealer or trader or by reason of conducting such business in the 9 name of any local merchant, dealer, trader or auctioneer. nrinninal or for themselves an anneal license tax of $425. shall he na% Ll7df9F nrivil dl ene A nersen einn business u nder this sea +inn shall nixie bend- in the amount of $1 fer his fai+hfUl GGFnnlianne w the law s d! the bond he dleliyeredl to the GOURty TreasUFer upon e in ii;gwr of lid so The (�orr m r f ne o Dv .-e en shall r���urrati- vre��c- rnti- v- vnrrma��rrc- r- vrLitl e � irrrredlia +elv n ot i fy the Cheriff in ��iri +inn of any license iss��edl ��ndler s s +he +ermq of +his sen +ien Junk dealers, as defined in 59.1- 116.1, 11- E-1111- Code of Virginia, shall be licensed based on their gross receipts and shall pay the same license tax or fees as retailers as set forth in this chapter if they have an established place of business in Frederick Countv. No business license shall be issued to anv itinerant iunk dealer. B. Pawnbrokers are included under separate listing of this article and are not classified as junk dealers. C . The dlefini+ien of ser+endlbandl dlealers as defined in chanter IAA of § 155 -102 Pawnbrokers. A. Pawnbrokers, as defined in § 54.1 -4000, Code of Virginia, shall be licensed on their gross receipts and must pay the same license tax or fees as retailers as set forth in this chapter if they have an established place of business in Frederick County. No business license shall be issued to any itinerant pawnbroker. " 'Ne li cens e shall be issued +e any pawnhreLer --nless said, nauinbroker nrevidles to the re of the G I 1 A I 155 -111 Precious Metals Dealers. Precious metal dealers, as defined in � 54.1 -4100, Code of Virginia, shall be licensed based on their gross receipts and shall pay the same license tax or fees as retailers as set forth in this chapter. No business license shall be issued to any itinerant precious metals dealer. The business of a precious metals dealer shall be conducted only from the fixed and permanent location in Frederick County specified in the business license application. If the dealer seeks to conduct business from one or more different County locations, the dealer shall file a separate application for and obtain a 155 -112 Flea Markets. On each person operating a flea rkethere is hereby imposed a specific license tax of $500 per year. Each individual vendor at a flea market must Pay the same license tax or fees as a retailer as set forth in this chapter, if the vendor is otherwise subject to licensure as a retailer under this chapter. If the operator of the flea market engages in the sale of merchandise at the flea market, he must also pay the same license tax or fees as a retailer as set forth in this chaster. to the extent that such tax or fees would exceed 500. A. If any person whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof or if the Commissioner has reasonable cause to believe that an erroneous statement has been filed, the Commissioner shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due the County and, in connection therewith, shall make such investigations and take such testimony and other evidence as may be necessary; provided, however, that notice and opportunity to be 10 heard shall be given any person who may become liable for the amount owing prior to any determination by the Commissioner. B. As soon as the Commissioner has procured whatever facts and information may be obtainable upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the Commissioner shall proceed to determine and assess against such person the tax penalty and interest provided in this article The Commissioner an4 -shall then notify the person, by ^ °r +ifierl ^r reed mail or if the person has consented to electronic notice, by e-mail, sent to his or her last known address on file that a statutory ^f� amount has been assessed due to failure to file and that he or she must contact the Treasurer to obtain the total amount due including the assessed amount of GUGh tax, penalty and interest. The total amount thereof shall be payable 10 days after the date of-such notice is given. If a corrected assessment is provided to the Commissioner, § 155 -129 Enforcement. A. It shall be the duty of the Commissioner to ascertain the name of every person operating a restaurant in the County liable for the collection of the tax imposed by this article who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The Commissioner shall have issued a summons for such person or any other person whom the Commissioner believes to have information concerning the collection of the tax imposed by this article and /or the nonpayment of such tax or nonfiling of the reports required by this article and the summons shall be served upon such person by any County Deputy Sheriff in the manner provided by law. One return of th Original summons shall be Madle returnable to the General Dictrint B. In the event that the purchaser of any meal refuses to pay the tax imposed by this article, the seller may call upon the Sheriff's Department for assistance and the investigating officer may, when probable cause exists, issue the purchaser a summons returnable to the General District Court as provided by law. 11 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: November 20, 2012 RE: Refund — Aloft Hotel I am in receipt of the Commissioner's request (copy attached), dated November 19, 2012, to authorize the Treasurer to refund Aloft Hotel the amount of $7,665.00 for correction of mathematical errors in filing and payment of meals takes by the company. Adjustment is reasonable on investigation and was the result of their error. 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. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to act on the request, as indicated in the Commissioner's memorandum. "Roderick B. Williams County Attorney Attachment 107 North Kent Street a Winchester, Virginia 22601 November 19, 2012 Frederick County, Virginia Ellen E Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540 -667 -6487 email; emurphy a@coArederick. va. us TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration ALOFT HOTEL Please allow the Treasurer to refund $7,665.00 to Aloft Hotel for correction of mathematical errors in filing and payment of meals taxes by the company. Adjust is reasonable on investigation and was the result of their error. All information appears in order and all backup has been examined and approved by Commissioner of the Revenue staff. Backup information is in the Commissioner of the Revenue office and contains secure data. Exoneration total is $7,665.00. i Itr rl N b, b P1 I m E { EI F i i PI 0 M x N a t G9 H 9 ❑ a ry p$ o mx 4�m PQ ma b b GI ❑ W O W " L O 0.' m r+ w 8 H 0 u b0 �u 0 N 0 h N 0 ti h7. N 1 Q Ri O W n 0 h N 0 N N I N I 1] 1 ml a U I EI O x H W O a �t b t N l o{ o Ill p N 0 W t IA I t r I ri N U I m l m n m I I L I I I I I I 1 I v x V M a U7 n ❑ H pl E 0 E N O U 1 O U N s A I N D 0 w 4 H 1I 0 Q o 16 � rt 0 0 w r W H 0 0 d H Id d o # F H 0 4 H L ! O H N ,l{ I o ❑ U { o M i [1 I r N N m 4 o O fl L S7 L I N 0 D RI I *i U CY k o ❑ I N a.i � v m I d 4 6 a tn ro w 4F w cn d 0 m 74 H I N i f� 41 i ❑ DI s m I a �! w U 1 H O N N rt (-f SG 4 D U N a u H r-C a� a 4j -ri W I L7 u7 In 0 dl ! m 01 OL Q1 W ❑ W I 1 . F4 O On ! m! m m m P. H H 1 I V7 ul Lo +, O w' N w F I ++r E yr yr +q N O A U H FC i I 14 Z I ❑ 1 o w U 4� p C U of 7 N CC N H F4 N ❑ � rd ! N O N ❑ I \ 4-1 H kl a Q '+ u w N \ ra U '4 H 1j W D O d N Et ,--I }a \ b O rn 4J E O 1J o E ,A N I o r-q x I o U i N �.i I nl r w H I ar H rt o ra o O 0 w 4-) N I o N Q I N }] O Q N \ N M QI 1 A,' V H I rC CO, w r COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstone Drive, Winchester, VA 22602 MEMORANDUM LeeAnna Pyles Director, Public Safety TO: Board of Supervisors Communications FROM: LeeAnna Pyles, Director Public Safety Communications SUBJECT: Public Safety Committee Meeting. Report for November 26, 2012 DATE: November 29;'2012 A meeting of the Public Safety Cornmittee was held on Monday November 26, 2012 at 8:30 am. at the Frederick County Public Safety Building, 1080 Coverstone Drivel Winchester, VA. Committee members present were: Chairman Gary Lofton, Ron Wilkins Chuck Torpy, Chris Collins, and Michael Lindsay. Members absent were: Gene Fisher; Also in attendance were County Administrator John Riley, Public Safety, Fire && Rescue Association President Tim Price, Sheriff Robert T. Williamson, County Attorney Rod Williams Fire Chief Denny Linaburg and Deputy Emergency Management Coordinator Chester Lauck. The following item was discussed: ** *Information Only 1. Expense Recovery Pro ram fSee Attached The Committee reviewed and discussed the Expense Recovery Plan (Revenue Recovery) which entailed the current MOU, dividing of funds recovered by the program, and its impact on the 11 volunteer companies The Committee agreed on the distribution of the revenue collections the soft billing as outlined previously; and the general terms of the MOU. An approximate 3% additional fee would be added to cover medical supply reimbursement, cited Chief Lauck. There was concern expressed as to how the revenue (i.e. general fund, F &R fund) would be allocated once recovered. Upon a motion by Chairman Lofton; seconded by Mr. Lindsay, the Committee unanimously voted to move the issue of Expense Recovery to the Finance Committee, where, the Public Safety Committee would discuss the financial aspect of the monies allocated with the Finance Committee. This meeting would also help to develop a system to mange and track funds that are collected from the Expense Recovery Program which would be allocated to a separate fund until the success of the program can be measured. With the Finance Committees involvement and endorsement, the Expense Recovery plan would then move to the Board of Supervisors for action and be a part of the budget preparation for the next fiscal year. Director (540) 665 -6356 Fax (540) 723 -8848 Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 9.30 a.m. Respectfully submitted, Public Safety Committee Gary Lofton Tim Price John Riley Brenda Vance Sheriff Robert Williamson Ann B. Lloyd Denny Linaburg Rod Williams Chris Collins Michael Lindsay By Lee a Pyles, Dire o PublicSafety Communications LPlsds Gene Fisher Ronald Wilkins Glen Williamson Chuck Torpy COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 5401665 -5666 Fax 540/667 -0370 E -mail: jtibbs@co.frederick.va.us �k�I(�RANBi71FI TO: Public Safety Committee Revenue Recovery Subcommittee FROM: Jay E. Tibbs, Deputy County Administrator SUBJECT: Expense Recovery Subcommittee Recommendations DATE: June 6, 2012 As you might recall, Chairman Lofton appointed a subcommittee comprised of the voting members of the Public Safety Committee to study the issue of expense recovery (f.k.a. revenue recovery). The subcommittee met twice over the past month. Following their June 4, 2012 meeting, the members reached consensus on the following recommendations: 1. Fee Schedule: 2. Distribution of Revenue Collections; a. 10% off the top to fund the program manager position and billing company costs. b. 50 -50 split of remaining proceeds between the County and the companies. c. All mileage reimbursements would go to the fire companies. 3. Implementation of a soft billing system. The subcommittee is seeking the Public Safety Committee's endorsement of these ALS I ALS II Mileage [ = BLS $440 $550 $720 $1 l /loaded mile 2. Distribution of Revenue Collections; a. 10% off the top to fund the program manager position and billing company costs. b. 50 -50 split of remaining proceeds between the County and the companies. c. All mileage reimbursements would go to the fire companies. 3. Implementation of a soft billing system. The subcommittee is seeking the Public Safety Committee's endorsement of these recommendations. If the Committee is in agreement with these recommendations, a motion to forward this item to the Board of Supervisors with a recommendation of approval would be appropriate. a C 0 y -zl' 00 4D 4D Ln N r-I. r o0 ( N rr a Ln N r Ln ri r-I QJ ri r .j d lD N to ri lD r-� m Ln rr Ln m rn m ri to ri n o0 00 LNn H 00 N r m N m Ln o0 C V r` V N m r-I r-I 1 { N o � a N r N 00 O1 RZT r ri N M ri r1 0 'O N LV r O N r-I r-I O r-I ri LD O ri O O N -zt Q N O c °- 0 0 0 o d o 0 0 6 0 6 Ln Ln = m is — w m oo O m 00 a) 00 rn L r M — m R:T O 00 N r-I O1 R:T V O r rl �* m r LO r-I N O Ln N Ln Ln N o0 00 r` 00 O r` 00 LD m Ln m ri r Ln w M m M Ln O lD m r Ln m 2 N Ol -zr m a) r O OQ a) N o0 Z 0 0 Ln rl -* r-I Ql lqt Ln N 00 r- m tD f'V m m ri Ln ri LD N O r 00 w O1 r Ln r-% 00 Ln Ln rn rn Ln N Ln Ln r LD ri m O Ln O in rr O iR r. y C Ln O O O Ln 0 0 0 0 0 0 0 LM 00 m O Ln Ln ri "t 00 rn n H rr G b N -4 N O RZT m r N m LD LD Ln m r lD m M o0 lD O Ln LD o0 O r o .-r m o Lo N ri o w Ln kO = — Ln N m m ri vi, n Ln r- N Ln ~ m rf t N H `° a rf} -zzr O ri Nlqt jj m r LO r-I N O O r` a) 00 m (N r` LD a) 01 01 N mr Ln O A N N ri O M r-1 m LD LD N rl� O N ri a) r r m N m Rt O r-1 (N ri Ln LD r-I ri. m ri r` ( N N Ln a1 — m r-I N m r4 rn y Ol a) ri N a) ri -zr a) r a1 L y . 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QJ M r. r1 N al a 1 I FREDERICK COUNTY VOLUNTEER FIRE AND RESCUE ASSOCATION MINUTES 15 October 2012 Meeting was called to order at the Frederick County Fire and Rescue Training Center by President Tim Price at 1900. Present for the meeting were representatives from all County Companies. Invocation — - The invocation was given by Father Dobbins Amendments to the Agenda — - Deputy Chief Oliver provided a briefing and tour of the RIT House Minutes — - Company 21 (Bobby Jenkins) made a motion to approve the minutes; Second by Company 13 (Lloyd Winters). The motion was approved by voice vote. Correspondence — - None Roll Call — 11 -2-1 16 -1 -0 21 -2 -0 12 -3 -0 17-1-0 13 -3 -0 18 -5 -0 14 -2 -0 19-1-0 15 -1 -0 20 -2 -0 Treasurer's Report — Jenny Schuller - No Fire Programs figures are available at this time - Four — for — Life $6476.50 - Tax Break and Membership rosters are due before the end of November - If Company volunteers pass away the Treasurer needs to know County Administrator Report — Mr. Riley - The FY 2012 budget has been closed by the Board of Supervisors. - Fire and Rescue funding has not been decided as of this meeting Board of Supervisor Liaison — Chris Collins - Not Present Emergency Service Director — Chief Linaburg - Company CIP input is overdue. - Provided a training status update - Provided information on IS 8008 NIMS training Volunteer Coordinator -- Christine Langley - The final volunteer recruitment grant tracking report is due by the end of October - The Explorer Post is looking for an instructor - Discussed an email sent on behalf of the Digital Map books Apple Blossom — Director Tabitha Luttrell / Lloyd Winters - Reminder that each Company has two votes at the Apple Blossom meetings - The next meeting will be 24 Oct at 1900 Budget — Vice President Perry Silva - Nothing to Report By — Laws — Bobby Jenkins - Nothing to report Capitol Improvement — Chief Eddie Keeler - Current balance is $152,794.33 - Received a request from Company 12 for $15,000 from CIP funds for their new ambulance. Company 18 (Chief Keeler) made a motion to approve the minutes; Second by Company 13 (Lloyd Winters). The motion was approved by Roll Call vote (I I Yes / 0 No) I I —Yes 16 — Yes 21 —Yes 12 — Yes 17 — Yes 13 —Yes 18 — Yes 14 —Yes 19 --Yes 15 — Yes 20 — Yes EMS Council — Chief Tommy Price - The new EMS Regulations are in effect as of 10 October 2012 - Fall grant reviews were held last week Training Report — Chief Henry Shiley - Deputy Chief Oliver provided an update on the Fire and EMS academies Length of Service — Chief J.J. Miller, JR. - The LoS Committee will meet on 18 October Local Emergency Planning Committee (LEPC) — Dan Cunningham - The next meeting will be held on 7 November 2012 Operations (report on Chief's Workgroup) — Chief Linaburg - The Chief's work group met on 27 September 2012 - The Group discussed: meeting with the press; Fire House updates; CIP Input; Fire Prevention Week; Apple Blossom updates; Staff Training; Snow money 2 Revenue Recovery— Chief Lauck / Vice President Perry Silva - The three community meeting were well attended - Company 15 (Chief Lauck) made a motion to present to move forward with the Revenue Recovery program as presented, by submitting it to the Public Safety Committee; Second by Company 12 (Chief Shiley). The motion was approved by Roll Call vote (10 Yes / 1 No) 11 — Yes 16 — Yes 21 —Yes 12 —Yes 17 --Yes 13 — Yes 18 — Yes 14 — Yes 19 — Yes 15 — Yes 20 —No Old Business: - The County will be sending out RFPs to architects for the design of the new Company 15 New Business: - The Volunteer Coordinator would like for the Association to look in to the possibility of forming a Retention and Recruitment committee Adjournment There being no further business the meeting was adjourned at 2045. The next scheduled meeting will be at Company 16 on 19 November 2012. The meeting was closed by prayer from Father Dobbins Submitted By: Dan Cunningham Secretary 91 EXPENSE RECOVERY MEMORANDUM OF UNDERSTANDING Parties: As of f effective date], the parties to this Memorandum of Understanding ( "MOU ") are the County of Frederick, Virginia (the "County "), a political subdivision of Virginia, acting through its Fire and Rescue Department, the Frederick County Fire & Rescue Association (the "Association "), an unincorporated association, and the following "Participating Companies ", each of which is a Virginia corporation: [list of participating companies, with correct legal entity names] (each may be referred to individually herein as a "Participating Company "). The following "Non- Participating Companies ", each of which is a Virginia corporation, join this MOU solely for purposes of Sections 1, 4, or 6: [list of non- participating companies, with correct legal entity names] (each may be referred to individually herein as a "Non- Participating Company "). As long as a company is a "Non - Participating Company ", its consent shall not be required for amendments to this MOU, other than as to any amendment to Section 1, 4, or 6. The Participating Companies and the Non - Participating Companies are jointly referred to herein as a "Volunteer Company" or the "Volunteer Companies ". 2. Purpose: The purpose of this MOU is to set forth the responsibilities of the County, the Association, and the Participating Companies for operation of the "Expense Recovery Program" (also referred to herein as the "Program "), under which program the County and the Participating Companies will seek to recover certain of their expenses incurred in providing emergency medical services ( "EMS "). 3. County Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the County will: A. Pay all costs, including salary and benefits, associated with the utilization of one County employee intended specifically to provide on -going administrative support for Program, and including all costs of any third -party billing services provider, with all costs under this section 3A to be subtracted and paid from the gross revenue collected under the Program, before disbursements are made to the County and to the Participating Companies. B. Maintain the revenue generated from the Program in an account dedicated to expense recovery and separate from any other County revenue. C. Provide a quarterly accounting related specifically to revenues and expenses associated with the Program. D. Distribute to the Participating Companies, no less frequently than quarterly, net revenue received under the Program, to include 100% of billable mileage expenses, on a basis as agreed to by the County and the Participating Companies. E. Subject to appropriations, provide funding to the Participating Companies and the Non - Participating Companies as follows, for: 1. Annual contributions of $25,500 per Volunteer Company for each Volunteer Company providing Advanced Life Support (ALS) services and $22,950 per Volunteer Company for each Volunteer Company providing Basic Life Support (BLS) services, plus $1.50 per capita (based upon population of first due area) to each Volunteer Company providing fire services; 2. Insurance premiums to provide coverage for group accident and illness policies; 3. Necessary medical supplies as determined by the Office of Emergency Medical Services and/or the Regional Medical Director; 4. Training aids, including student manuals for Fire and EMS accredited courses held in the County; and 5. Incident reporting system software (in lieu of Firehouse software), for all reporting, EMS and Fire. F. The County will not increase, reduce, or eliminate funding (to any amount different from what a Participating Company receives) for Non - Participating Companies. 4. Volunteer Company Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the Volunteer Companies will: A. Maintain apparatus in serviceable condition to meet Virginia State Police vehicle inspection requirements and the Virginia Department of Health, Office of Emergency Medical Services regulations. B. Have and follow a preventative maintenance program for all fire and rescue apparatus. C. Keep maintenance records on file for all fire and rescue apparatus, to meet federal and state regulations, and make such records available for review by the County upon request. D. Adhere to all Standard Operating Guidelines established by the Association as approved by the Chiefs Workgroup. E. Submit an annual Capital Improvement Plan (CIP) to the County as part of the County's annual CIP process. F. Submit an annual financial statement to the County for audit by the County's auditor. G. Not change second, third, due etc. assignments to prevent Participating Companies from responding into first due areas of Non - Participating Companies. H. Complete all incident documentation in a timely fashion, i.e. within 24 hours from the time an incident is handled. I. Pay, from the respective Volunteer Company's net revenue collected under the Expense Recovery Program, all costs associated with equipment and supplies used on EMS calls. 5. Joint Responsibilities of the CountV and the Participating Companies: As part of the shared responsibility for the Expense Recovery Program, the County and the Participating Companies will: A. Manage the Program generally and select a private "third- party" billing agency; 2 B. Pay all costs associated with the utilization of a private "third- party" billing agency, with such costs to be subtracted from the gross revenue collected under the Program, before disbursements are made to the County and to the Participating Companies; C. Train all personnel in accordance with HIPAA guidelines; and D. Adhere to the practice of "soft billing ", as described in the Expense Recovery Policies as set forth in the Standard Operating Guidelines. 6. Association Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the Association will: A. Assist in ensuring compliance with all Standard Operating Guidelines established by the Association as approved by the Chiefs Workgroup; and B. In the event amendments to this MOU are to be considered, the Association will act as the coordinator for the Volunteer Companies and as the representative between each Volunteer Company and the County. 7. Amendments: A. The County and the Volunteer Companies do not intend to modify any items listed in this MOU for a minimum of 2 years, but agree that, in the event of unforeseen circumstances, they will proceed in good faith to consider appropriate modification at such sooner time as may be necessary. The parties recognize that this MOU cannot address every procedural issue that may be encountered and they state their intention to review this MOU at least once every two years to identify appropriate amendments. This MOU may be amended only by a written document signed by all parties hereto. B. Should a Volunteer Company choose to opt in to become a "Participating Company" in the Expense Recovery Program or opt out from being a "Participating Company" in the Expense Recovery Program, it may only do so effective at the beginning of a fiscal year (July 1), upon 64 days advance written notice to the County and the Participating Companies and Non - Participating Companies. Opting in or opting out does not preclude a Volunteer Company from opting in or opting out for a future fiscal year. COUNTY OF FREDERICK, VIRGINIA Title: Date: 3 FREDERICK COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION By: _ Title: Date: STEPHENS CITY FIRE AND RESCUE COMPANY, INCORPORATED By: _ Title: Date: MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY, INCORPORATED By: Date: Title: CLEAR BROOK VOLUNTEER FIRE & RESCUE INC. By: Date: Title: GORE VOLUNTEER FIRE COMPANY By: Date: Title: ROUND HILL COMMUNITY FIRE AND RESCUE COMPANY By: Date: Title: rd GAINESBORO FIRE COMPANY LOW Title: STAR TANNERY VOLUNTEER FIRE DEPARTMENT Title: Date: Date: GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY i Title: NORTH MOUNTAIN VOLUNTEER FIRE COMPANY Date: By: Date: Title: REYNOLDS STORE VOLUNTEER FIRE AND RESCUE COMPANY 420 i Title: Date: 5 MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21, INCORPORATED Date: Title: COUNTY Y OP F DE M IR GI IA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 William R. Bowniaster. Sr. Deputy Chief Operations Division MEMORANDUM TO: Public Safety Committee FROM: Dennis t-inaburg Chief SUBJECT; EMS Services Synopsis DATE: November 14, 2012 Richmond Ambulance Authority In 1091, the Virginia General Assembly created the Richmond Ambulance Authority as the primary EMS provider for the City of Richmond. The purpose of the RAA was to unify the emergency medical services system in Richmond. Prior to 1991, ail emergency medical services were provided by private medical transport companies, which ,proved difficult to manage and oversee. The RAA responds to all EMS 9 -1 -1 calls and non - emergency calls within the city limits of Richmond, which consists of 62.5 square miles. Mutual Aid agreements are in place with Chesterfield and Hanover counties on an as needed basis when call volume is high. The RAA is not automatically dispatched to fire department calls unless fire is showing or a patient is present or suspected. The local fire department is also not automatically dispatched to EMS calls unless the RAA personnel request their assistance at the scene. RAA responds to over 50,000 calls annually. Despite being one of the busiest EMS systems, per capita, in the nation, RAA responds to 90% of emergency calls within 8 minutes, 59 seconds and has a cardiac arrest resuscitation rate of 46 %. EMS units are not kept in stations; instead the RAA is able to maintain this response rating by :staging" units in high call areas. When one ambulance responds to a caVl, the next can then relocate to the area to ensure that response time stays consistent. The Richmond Ambulance Authority has an annual operating budget of approximately $15 million. They receive a subsidy of approximately $5 ;million from the City of Richmond. The remaining operating budget is made up of service revenues from insurance and patient billing. In 2011, they received $4,450,000 from the City of Richmond and had a net operating revenue of $9,270,307. Office (540) 665 -5618 • wbowmastC co frederick.va.us Fax (540) 678 -4739 Green County EMS Green County is the smallest county in Virginia at 126 square miles. It has a call volume of approximately 2,106 calls per year. Greene County Rescue is the only 'EMS transporting agency within the county. This is a volunteer chartered organization that provides the building and transport units. The county has contracted UVA Medic V in lieu of hiring staff for the station. They provide 2417 EMS only coverage. I was unable to obtain budgetary figures under the contractual agreement between the county and UVA. They provide similar services to Buckingham and are in negotiations with another undisclosed county. Conclusion The majority of Fire and EMS services in the Commonwealth are provided by a combination career /volunteer organization. Fire and rescue services typically occupy one facility, reducing redundancy of separate organizations and associated costs to house personnel and equipment at separate facilities within the same neighborhood. There are few exceptions to this framework, as described above. We have included budgetary information regarding Richmond Ambulance Authority for your review. Location Size Population Local housing units Median family income Residents below poverty line JWJFJ 2009 Non - Emergency Total Statistics Emergency Responses Transports Life- Threatening Emergency Response Time Compliance Cardiac Arrest Resuscitation Rate (Utstein Definition) Total System Expenditures City of Richmond Subsidy Households Enrolled in Lifesaver Subscription Program RICHMOND AMBULANCE AUTHORITY (A component Unit of the City of Richmond, Virginia) Statements of Net Assets Years ended June 30, 2011 and 2010 Nonoperating revenues (expenses): City of Richmond subsidy 4,450,904 4.300,000 Interest income, net of interest expense of 533,126 in 2011 and 541,635 in 2010 (31,380) (41,026) Miscellaneous revenue 153,729 24,583 Total nonoperating revenues, net 4,572,349 4,283,557 Change in net assets (1,146,098) 1,364,130 Net assets at beginning of year 9,928,119 8,563,989 Net assets at end of year S 8,782,021 S 9,928,119 2411 2010 Operating revenues: Service revenue $ 22,064,478 S 21,007,384 Provision for contractual adjustments and doubtful accounts 12,794,171 9,450,261 Net operating revenues 9,270,307 11,557,123 Operating expenses: Salaries and related benefits 9,467,002 8,974,814 Health insurance 929,183 971,118 Worker's compensation 379,696 383,296 Depreciation and amortization 975,462 1,006,782 Professional services 424,944 430,013 Collection expenses 47,277 65,977 Marketing and advertising 54,382 24.029 Office expenses 336,553 372,817 Volunteer squad support 48,000 48,000 Telephone 1.64,953 183,360 Communications 71,140 72,637 Public information 48,454 38,517 Postage and shipping 58,034 61,887 Occupancy 164,961 183,164 Other 83,467 93,293 Insurance 144,843 137,505 Printing and artwork 4,929 2,187 Travel 45,536 34,423 Medical supplies and equipment 609,260 537,171 Recruiting and background investigations 58,335 58,089 Vehicle fuel and tolls 472,466 389,131 Vehicle repairs and maintenance 328,694 355,112 Uniforms and laundry 71,183 53,228 Total operating expenses 14,988,754 14,476,550 Operating loss (5,718,447) (2,919,427) Nonoperating revenues (expenses): City of Richmond subsidy 4,450,904 4.300,000 Interest income, net of interest expense of 533,126 in 2011 and 541,635 in 2010 (31,380) (41,026) Miscellaneous revenue 153,729 24,583 Total nonoperating revenues, net 4,572,349 4,283,557 Change in net assets (1,146,098) 1,364,130 Net assets at beginning of year 9,928,119 8,563,989 Net assets at end of year S 8,782,021 S 9,928,119 RICHMOND AMBULANCE AUTHORITY (A. component Unit of the City of Riebmoud, Virginia) Statements of Net Assets Years ended June 30, 2011 and 2010 Assets: Current assets: Cash Restricted cash Short-term investments Total cash Receivables: Service accounts, net of allowance for contractual adjustments and doubtful accounts Other Total receivables Reusable supplies Other current assets Total current assets 2011 S 1,939,536 999,756 2,939,292 2,238,603 32,030 2,270,633 268,199 540,019 6,018,I43 2010 S 2,165,984 100,0100 2,265,984 4,831,071 4,829 4,835,9001 263,758 376,6901 7,742,332 Capital assets, net: Vehicles and ambulances Building and improvements Communications center Communications equipment Medical equipment Office furniture and equipment Shop equipment Less accumulated depreciation Total capital assets, net Total assets Liabilities; Current liabilities: Accrued expenses Accrued payroll Referred revenue Current installments of obligations under capital lease Current installments of long -term debt Total current liabilities Noncurrent liabilities: Due in more than one year: Obligations under capital lease, excluding current installments Lang -term debt, excluding current installments Total liabilities Net assets: Invested in capital assets, net of related debt unrestricted Total net asscts #,135,239 374,797 2,299, 702 518,955 1,739,524 1,151,131 87,132 (6,207,519) 4,098,961 10,117,104 647,455 113,134 37,341 163,728 118,948 1,080,606 254,477 1,335,083 3,540,544 4,107,1169 365,743 2,299,702 789,356 1,635,120 1,037,552 87, 132 (6,183,867) 4,1 37,807 11,880,139 582,064 391,108 33,576 140,460 183,142 1,330,350 502,722 118,948 1,952,020 3,391,221 5,141,477 6,536,898 S 8,782,021 $ 9,928,119 COUNTY OF FREDERICK Information Technologies (540) 665 -5614 MEMORANDUM To: Board of Supervisors From: Walter Banks, IT Director Date: December 5, 2012 Subject: Board of Supervisors Information Technology Committee Report The Board of Supervisors Information Technology Committee met on Wednesday, December 5, 2012 at 8:15 am, in the 1 St Floor Conference Room, County Administration Building 107 N. Kent St., Winchester, Virginia. Present were Brian Madagan, Private Citizen, Lorin Sutton, Private Citizen, John Riley, Frederick County Administrator, Chuck DeHaven, Frederick County Board of Supervisors, Kris Tierney, Frederick County Assistant Administrator, Walter Banks, Director of IT, and Alisa Scott, Administrative Assistant. Not in attendance were Gary Lofton, Frederick County Board of Supervisors, Bill Ewing, Frederick County Board of Supervisors, Quaiser Absar, Private Citizen, and Todd Robertson, Private Citizen. The committee submits the following: ** *Items Requiring Board Action * ** 1. None ** *Items NOT Requiring Board Action * ** 1. Old Business A. Comcast Redundancy Update: After a productive Comcast meeting of which Mr. Riley was able to sit in on, we have learned that Comcast is in the process of installing a piece of equipment over the next two weeks that ensures that the single point of failure that was realized from Hurricane Sandy can be dealt with more quickly in that if one point breaks, Comcast is able to re- route the connection so that we will not lose phone and internet connectivity. Please note that we are still subject to connectivity loss due to circumstances out of our control, but that loss time will 107 North Kent Street, Winchester, Virginia 22601 be shorter. We are now registered with Homeland Security's TSP which ensures strict penalties to the provider should we not have a quick connection of phone and internet after such a disaster. B. VoIP RFP Update: The Combined Matrix provided shows the two finalists from the 13 responses from our VOIl' RFP; Blue Door and DISYS. Of the 13 responses we were quickly able to narrow down to 3 finalists. One solution was all CISCO; one solution was a combination of two technologies, Shortel and Extreme Network Switches, and the last solution was a very new and all software based solution, 3CX. 3CX was eliminated because of the steep learning curve of our County staff to actually use the phone because it would mean using their computer instead of their phone and the impact on our staff in the field. The Extreme Switching and Shortel phone solution was a very good solution but we realized during the interview phase that they did not have great redundancy and mobility solutions included in the original proposal and that these features were an add -on. Finally, the CISCO solution featured the best incorporation of current technology into our existing telephony operations. They featured the best redundancy and mobility features included in the cost. Mr. Banks has been in touch with DISYS to further negotiate the cost. Mr. DeHaven motioned the following: I move that the Technology Committee recommend acceptance of the Voice Over IP proposal from DISYS Solutions, Inc. and direct staff to enter into contract negotiations to establish a final price and, once the final price has been secured, this proposal be sent to the Finance Committee to request a supplemental appropriation to fund the proj ect. The motion was seconded by Mr. Madagan. C. Broadband Consulting RFP Update: This particular RFP does not cost the County money because we have received a grant from the Virginia Department of Housing and Community Development for $25,000. The awarded Consultant will reach out to the community, survey, and provide their recommendation for broadband technology. The County has procured a service learning group that will be working on setting up school events where the parents talk about the importance of effective use of broadband technology on education. The goal is to create an overall vision by showing citizens what the County is doing to pursue the different broadband technology venues and encourage them to speak out about how broadband is an important piece of education and healthcare. Mr. Riley suggested that James Wood provides the largest outreach. D. Comments /Questions Mr. Dehaven mentioned that the Juvenile Detention Center was in need of IT Assistance and he would call Jim to confirm needs and how the County could assist. 5. Meeting adjourned. The next meeting will be Wednesday, January 2 2013. We will confirm one week prior. 107 North Kent Street, Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 MEMORANDUM FAQ: 540/665-6395 TO: Board of Supervisors FROM: John A. Bishop, AICP, Deputy Director - Transportation RE: Transportation Committee Report for Meeting of December 3, 2012 DATE: December 5, 2012 The Transportation Committee met on December 3, 2012 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) James Racey (voting) Christopher Collins (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Bryon Grigsby (voting) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. Aylor Road Realignment At the request of an impacted property owner, the Transportation Committee reviewed potential alternatives to the currently adopted alignment. The Committee discussed the issue at length and the consensus was reached to keep the currently adopted alignment. Alternatives are attached and the currently adopted alignment is Option A. 1 107 North Dent Street, Suite 202 . Winchester, Virginia 22601 -5000 ft. dvp ~~ dr A ALI a. AFA 2. Route 277 Upgrades VDOT updated the Committee on the progress of the design for the upgrades to Route 277 and indicated that public meetings are being planned for the spring. 2 ORDINANCE December 12, 2012 The Board of Supervisors of Frederick County, Virginia hereby ordains that Chapter 104 (Junk Dealers and Pawnbrokers) and Chapter 130 (Precious Metals and Gems) of the Code of Virginia be, and the same hereby are, repealed in their entirety. The purpose of this amendment is to eliminate county ordinance provisions that have become inconsistent with subsequent amendments to state law. The county ordinance provisions are no longer necessary because the subject matter of the county ordinance provisions is already covered by state law. Enacted this 12 day of December, 2012. Richard C. Shickle, Chairman Gene E. Fisher Bill M. Ewing Gary A. Lofton Christopher E. Collins Ross P. Spicer Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator __�Y C_6L John R. Riley, Jr. County Administrator 540/665 -5666 Fax 5401667 -0370 TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator DATE: October 26, 2412 RE: Code and Ordinance Committee Report E -mail: jri1ey@Co.frederick.va.us The Code ;& Ordinance Committee met .on Friday, ()etober 26, 2012 at 3;00 P.M., in the First Floor Conference boom, County Administration. Building, 107 North Kent Street, Winchester, Virginia. Present were Christopher.E Collins, Chautnan; Ross P. Spicer; Bill M. Ewing; Derek Aston; Stephen Butler; and`.Tames Drown:: Also' present were County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue; Sheriff Robert fi. Williamson; and Rebecca Hogan, Clerk of the Circuit Court. The committee submits the following: 'Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code Regarding Junk Dealers, Pawnbrokers, and Precious Metals Dealers. The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, by adopting a new Chapter 103 Junk Dealers and revised Chapters 104 and 130, The purpose of this new chapter and the revisions was to implement an ordinance to govern the sale of secondhand fixtures obtained from a building or structure and to have the County Code provisions correspond with the current state code. This new chapter 103 and revised Chapters 104 and 130 would replace the current provisions, as outlined in Chapters 104 and 130 of the Frederick County Code. The committee discussed the need to have this new provision since the Code of Virginia already imposes regulatory procedures for junk dealers, pawnbrokers, and precious metal dealers, which makes the proposed County Code provisions duplicative. It was noted the current Frederick County Code no longer corresponds with the Code of Virginia/Upon a motion by Mr. Spicer, seconded by Mr. Butler, the Code and Ordinance Committee forwarded this item to the Board with a recommendation that the Board repeal the current Chapters 104 and 130 of the Frederick County Code. The above motion was unanimously approved. 2. Proposed Amendment to Frederick County Code Chapter 155, Taxation. The Code and Ordinance Committee reviewed a proposed amendment to various articles of Frederick County Code Chapter 155, Taxation. The Committee discussed eliminating interest on the Machinery & Tools Tax for late payments, as the County is required to pay the same amount of interest upon any refund due a taxpayer. Upon a motion by Mr. Aston, seconded by Mr. COUNTY of FREDERICK 107 North Kent Street • Winchester, Virginia 22601 BRYAN & COLEMAN, PL.C. ATTORNEYS AT LAW 116 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 TELEPHONE: (540) 545 -4130 FAX: (540) 545 -4131 MICHAEL L. BRYAN, ESQUIRE Mr. Jay Tibbs, Assistant County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 October 25, 2012 Re: Frederick - Winchester Service Authority Dear Jay: Email: mbryan2 @earthlink.net Please find enclosed the proposed Articles of Amendment of Frederick- Winchester Service Authority and proposed Concurrent Resolution for Adoption by the Board of Supervisors. Please let me know once the Board of Supervisors has approved these documents and 1 will ask the City to adopt the same Concurrent Resolution. Thank you. MLB : smb Enclosures cc: Anthony Williams, Esquire ARTICLES OF AMENDMENT OF FREDERICK - .WINCHESTER SERVICE AUTHORITY The following sentence in Paragraph (f) of the amended and restated Articles of Incorporation dated August 26, 1987, as amended by Articles of Amendment dated April 13, 1 995 is deleted: "Each member shall serve without compensation, except that the member appointed by concurrent action may be compensated not more than One Thousand Eight Hundred Dollars ($1,800.00) per annum." The following sentence is substituted in the place and stead of the sentence deleted above: "Each member of the Authority Board shall serve without compensation, except that the Chairman elected by the members of Authority Board may be compensated not more than Two Thousand, Pour Hundred Dollars ($2,400.00) per annum, or such greater amount as may be determined by Resolution of the governing body or bodies which are Members of the Authority," This Amendment does not effect a restatement of the Articles of Incorporation, BE IT FURTHER RESOLVED that the Articles of Incorporation, as amended in 1983, 1985, 1987, 1995 and 2008 shall in all other respects remain unchanged. IN WITNESS WHEREOF, the Common Council of the City of Winchester, Virginia, and the Board of Supervisors of Frederick County, Virginia, have caused these Articles of Incorporated to be executed this ATTEST: John R. Riley, Jr., Clerk Board of Supervisors ATTEST: Kari VanDiest, Deputy Clerk of Common Council M LB/s mb Forms'&Mco Authority Articles of Amendment #2 1 311112 day of __ ___ 20 Richard C. Shickle, Chairman Board of Supervisors Jeffrey Buettner, president President of Common Council 2 ARTICLES OF AMENDMENT OF FREDERICK- WINCHESTER SERVICE AUTHORITY CONCURRENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WINCHESTER, VIRGINIA AND THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK- WINCHESTER SERVICE AUTHORITY WHEREAS, by Concurrent Resolution of the City of Winchester (the "City ") and the Board of Supervisors of Frederick County (the "County ") and a Certificate of Incorporation issued by the State Corporation Commission pursuant to the Virginia Water and Waste Authorities Act (the "Act "), the Frederick- Winchester Service Authority (the "Authority ") was incorporated as a public body politic and corporate in 1 974; and, WHEREAS, by a Concurrent Resolution of the Common Council of the City and the Board of Supervisors of the County and a Certificate of Articles of Amendment issued by the Virginia State Corporation Commission, the Articles of Incorporation of the Authority were amended in 1983, 1985, 1987, 1995 and 2008; and, WHEREAS, the City and the County desire to amend the amended and restated Articles of Incorporation dated August 26, 1987, as amended by Articles of Amendment dated April 13, 1995 as set forth hereinafter. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Winchester, Virginia and the Board of Supervisors of Frederick County, Virginia, in separate meetings assembled, that the Articles of Incorporation of the Frederick- Winchester Service Authority be amended in the following manner: The following sentence in Paragraph (f) of the Amended Articles of Incorporation dated April 13, 1995 is deleted: "Each member shall serve without compensation, except that the member appointed by concurrent action -may be compensated not more than One Thousand Eight Hundred Dollars ($1,800.00) per annum." The following sentence is substituted in the place and stead of the sentence deleted above: "Each member of the Authority Board shall serve without compensation, except that the Chairman elected by the members of Authority Board may be compensated not more than Two 'Thousand, Four Hundred Dollars ($2,400.00) per annum, or such greater amount as may be determined by Resolution of the governing body or bodies which are Members of the Authority," This Amendment does not effect a restatement of the Articles of Incorporation. NOW, THEREFORE, BE IT RESOLVED that the Articles of incorporation, as amended in 1983, 1985, 1987, 1995 and 2008, shall in all other respects remain unchanged. These Articles of Amendment were approved by a Concurrent Resolution of the Common Council of the City of Winchester, Virginia, and the Board of Supervisors of Frederick County, Virginia, in separate meetings assembled, adopted by the City of Winchester, Virginia on , 20 , following a public hearing held lr - 1 20 , and adopted by the County of Frederick, Virginia on _ , 20 , following a public hearing held on , 20 IN WITNESS WHEREOF, the Common Council of the City of Winchester, Virginia, and the Board of Supervisors of Frederick County, Virginia, have caused these Articles of Amendment to be executed this day of , 20 CITY OF WINCHESTER, VIRGINIA By Jeffrey Buettner, President of Common Council (SEAL) Attest: By; Kari VanDiest, Deputy Clerk of Common Council FREDERICK COUNTY, VIRGINIA By Richard C. Shickle, Chairman Board of Supervisors (SEAL) Attest: By: _ John R, Riley, Jr., Clerk Board of Supervisors M LBIssnb FOM) ServiM Authority Resolution X13 1 M112 3 REZONING APPLICATION #07 -12 CARMEUSE NA, CLEARBROOK and FREDERICK COUNTY PARKS & RECREATION Staff Report for the Board of Supervisors Prepared: December 4, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/17/12 Recommended approval Board of Supervisors: 12/12/12 Pending PROPOSAL To revise the proffers associated with Rezoning RZ #O 1 -11. The revision relates to the "Site Development" section of the proffers, specifically, Section 2.2, and the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 11 between the intersections of Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/12/12 BOARD OF SUPERVISORS MEETING: The Planning Commission voted unanimously to recommend approval of the revised proffer. The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation of the Proffer Statement, Section 2.2. More specifically, the proffer language revision would allow the Applicant the ability to delay the installation of the proffered buffer identified in Exhibit 2 until one year after Carmeuse terminates its agreement with Frederick County for the use of the leased area. "Exhibit 2 ", as revised, identifies the "Delayed Landscape Berm Buffer" area with a red dashed line. Frederick County currently leases approximately eleven acres of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clearbrook Park and the Frederick County's Citizen's Convenience Center, and multiple parking spaces for patrons of Clearbrook Park, could potentially be impacted by the installation of the berm prior to the conclusion of the County's use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the Proffer would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff would support the minor revision to the proffer statement. Following the required public meeting, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #07 -12 Carmeuse NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/17/12 Recommended approval Board of Supervisors: 12/12/12 Pending PROPOSAL To revise the proffers associated with Rezoning RZ #01 -11. The revision relates to the "Site Development" section of the proffers, specifically, Section 2.2 and the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBERS 44 -A -83, 44 -A -83A and 33 -A -144 (portion of (see exhibit)) PROPERTY ZONING EM (Extractive Manufacturing) District (RZ #01 -11) PRESENT USE Vacant /Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) South: RA (Rural Areas) East: EM (Extractive Manufacturing West: RA (Rural Areas) Use: Clearbrook Park Use: Residential /Agri cultural Use: Quarry Use: School/Residential/Vacant /Fairgrounds Rezoning #07 -12 Carmeuse NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 3 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify the subj ect parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. The balance of parcel 33 -A -144 not zoned RA was zoned EM during the County's comprehensive downzoning RZ# 13 -80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ #010 -98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. As part of the most recent rezoning, the applicant provided a plat which depicts a zoning boundary within parcel 33 -A -144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agreed that the location identified on the plat resolves any ambiguity as to the zoning boundary. The previous rezoning, RZ #01 -11, rezoned 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. 2) Comprehensive Policy Plan The 2030 Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. 3) Proffer Statement — Original dated February 8, 2011 (Revised September 28, 2012) A) Allowed Uses: No change B) Access Management and Transportation. No change Rezoning #07 -12 Carmeuse NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 4 C) Site Development: Proffer 2.2 has been modified to allow the Applicant to delay their compliance with the terms of the Proffer to within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant; the park and citizens convenience center. Exhibit 2 has been revised to identify the location where the landscaped berm buffer may be delayed. The Applicant shall install the balance of the buffer and landscaping as previously proffered and as depicted on Exhibit 2. D) Mitigating the Impact of Development: No change STAFF CONCLUSIONS FOR THE 10/17/12 PLANNING COMMISSION MEETING: The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation of the Proffer Statement, Section 2.2. More specifically, the proffer language revision would allow the Applicant the ability to delay the installation of the proffered buffer identified in Exhibit 2 until one year after Carmeuse terminates its agreement with Frederick County for the use of the leased area. "Exhibit 2 ", as revised, identifies the "Delayed Landscape Berm Buffer" area with a red dashed line. Frederick County currently leases approximately eleven acres of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clearbrook Park and the Frederick County's Citizen's Convenience Center, and multiple parking spaces for patrons of Clearbrook Park could potentially be impacted by the installation of the berm prior to the conclusion of the County's use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the Proffer would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff would support the minor revision to the proffer statement. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/17/12 MEETING No issues of concern were raised by the Planning Commission to this proffer revision and members believed the revision was appropriate. There were no citizen comments. Rezoning #07 -12 Carmeuse NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 5 A Commissioner suggested the applicant also be exempt from Proffer 6. 1, Traffic, which pertains to the prohibiting of entrances for vehicular traffic on Route 11, while the site is being used by the Department of Parks & Recreation. The existing entrance on Route 11 to the landfill convenience site and the baseball diamond were mentioned. Staff agreed it would be appropriate simply for clarification purposes, although it is not in the proffer revision being discussed. The Planning Commission unanimously recommended the approval of Rezoning #07 -12 of O -N Minerals d/b /a/ Carmeuse Lime & Stone and Frederick County Parks & Recreation Department to revise proffers associated with Rezoning #01 -11, specifically as it relates to Section 2.2 of the proffers, Site Development. The Planning Commission's motion and vote also included the recommendation that the applicant be exempt from proffer Section 6. 1, Traffic, as long as there is a lease enabling Parks & Recreation to utilize the park area. This exemption recognizes the existing entrance from Route 11 into the landfill convenience site and baseball park. (Note: Commissioner Crockett was absent from the meeting; Commissioner Ambrogi was absent for this vote.) RESOLUTION Action: PLANNING COMMISSION: October 17, 2012 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2012 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07 -12 PROFFER REVISION OF CARMEUSE NA, CLEARBROOK AND FREDERICK COUNTY PARKS & RECREATION WHEREAS, Rezoning #07 -12 Proffer Revision of Carmeuse NA, Clearbrook and Frederick County Parks & Recreation, submitted by Thomas Moore Lawson, Esquire, to revise the proffers associated with Rezoning #01 -11 relating to the "Site Development" section of the proffers, specifically Section 2.2, was considered. The proffer revision, originally dated February 28, 2011, with final revision dated September 28, 2012, is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44 -A -83, 44 -A -83A and a portion of 33 -A -144. WHEREAS, the Planning Commission held a public meeting on this rezoning on October 17, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 12, 2012, 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 Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #01 -11 relating to the "Site Development" section of the proffers, specifically Section 2.2. The proffer revision is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #33 -12 This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2012 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Ross P. Spicer Gene E. Fisher Bill M. Ewing Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. #33 -12 PROPOSED PROFFER STATEMENT REZONING: RZ# 0 � -1 - 2 — Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres + / -; Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map Parcel 33 -A -144 (the "Properties ") RECORD OWNER: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime & Stone APPLICANT: O -N Minerals (Chemstone) Company d/b /a Carrneuse Lime & Stone ( "Applicant ") PROJECT NAME: Winchester /Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, September 1 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above- referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as " Exhibit 1 ," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above- referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ( "uMM ") of the Virginia Department of Mines, Minerals and Energy ( "VDMME "), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VD ©T at some time in the future, Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as " Exhibit 2 ." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of this Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a parr and citizens' convenience center under agreement with the Applicant. With respect to such areas currenIll used by Frederick Coun as a park and citizen's convenience center, the Applicant groffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 2 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crashers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ( "VDEQ ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depleted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right -of -way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 3 7. operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms, 8. Lightin 8.1 There shall be no affixed lighting structures above - ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ( "MSHA "), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive ruining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 0 Respectfully submitted, O -N MINERALS (CHEMSTONE) COMPANY d/b /a CARMEU E LIME & STONE COMMONWEALTH OF VIRGINIA, AT LARGE COUNT'S OF FREDERICK, to -wit: . rd The foregoing instrument was acknowledged before one this , � � day of October, 2012, by -.� I S �' ? P T - wlwols (C. hf fflq (t M)XnVd1b1a ronv�twe irAei fGy�f ,, p, g h p h p, 0, . 0 rtU)hl \J � tlaQ ` O % NOTARYPU LIC My commission expires ' • ° IG Registration number: C_' MY EXP R� Qom gd13 oA 90 660 a 114% 5 F6F0- SV9 -OK i 1WRtlK i iJ xuslo xoaKedV373 M -a -EE 130dVJ 'Vfi s = =ate {3N 111 1 � UYe�a a'�=,. e " . " " i 3 7jSN#3H3) 5`ib2j3ld1W N o �d'ra�e 1 111 -7 s 1 7 1 essy 4 ss ey sg1�H Ted WI u�,t J am yy w ° z c d' Qm V W O r J m 2 w � c O — z ❑ of O N N K 0c) 1 m . N . ¢ m o� � � y �z O r N n l 7 y�snM o — �° W dI —Z = 4 EPE ®h W E L Q N 5 9 \ 4 s '4' •r O bb3p�s,�9s r� CD 9 4 3V i =--- .�9=,4 arrr, Nva ag PYtl $a c C Y 0 . m 6 Hp ,. 665 CEDAR HILL ESTATES Subdivisionll! r J Mao as �® Al as as fflo �co m J 'tom �m AIRGROUN�O R URITq , N Wqy /n V:1Q I Q� TATAN KA LN i G'ilGQQD Area to be ReZoned Applications Q Parcels Building Footprints 131 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) 4 EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) 4W MS (Medical Support District) OM (Office - Manufacturing Park) 4& R4 (Residential Planned Community District) R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 33 A 1 Y5 sses r rz A 33A 33 A 33 A 150 33 A 149 1156 115A )58 33 A 161 33 A 151 33 A 33 A 160 163 33 A 162 33 A 1646 CLEARBR PARK Su °•' 34 A I 1 3 33A13�6�� 34A18 33rA137� 34 A 19 33jA 138 34 A( CMIL 34 A 20 34A2 33 a t4a ma WAIrE ■P11 INS Maw 44 A it15 CLUBR _LSD fl[k f . 44 A 100 44 A 103 Gfflao � ���' 7 Z # 07 - 12 Note: Frederick County Dept of -N Minerals d /b /a Carmeuse Planning & Development ne and Stone 10 202 St Suite 202 id Frederick County Winchester, VA 22601 1 0 540 - 665 - 5651 irks and Recreation Map Created: Map Created: October 01, 2012 Staff: mruddy A - 83,44 - A - 83A, A - 144 0 0.125 0.25 0.5 Miles COUNTY of FREDERICK Carmeuse Clearbrook Proffer Amendment Exihibit # 2 Buffer Clarification Parks and Recreation Departmczt 540 - 665 -5678 FAK 540 -6EI5-9687 \vNvNN1cprd.nct c -mail: fcprd(a co_frcderick'A'aAa Since 1975 Frederick County has leased approximately eleven acres to provide baseball and softball fields and parking at Cleabrook Park as a part of a longstanding agreement between various quarries, currently Carmeuse Lime and Stone. The above acreage is part of a recent rezoning approved by the Board of Supervisors on December 14, 2011. As per strict interpretation of section 2.2 of the proffer statements accompanying this rezoning, Carmeuse Lime and Stone will begin landscaping by December 14, 2012 of the property identified in exhibit # 2, which includes the entry and access road for Cleabrook Park and Frederick County citizen's convenience center, and multiple parking spaces for Cleabrook Park patrons. Both Frederick County and Carmeuse Lime and Stone are in agreement landscaping in the area leased by Frederick County should be delayed to enable the continued use of Frederick County facilities pursuant the above mentioned lease. To avoid potential confusion regarding the interpretation of the proffer statement, the attached amended proffer statement would delay the landscaped berm at the identified areas in the revised exhibit # 2 until one year after Carmeuse Lime and Stone terminates its agreement with Frederick County for the use of the leased area. This would enable Frederick County to continue to utilize all parking areas and the access road for Clearbrook Park and the Frederick County citizen's convenience center. 107 North Kent Strcet Winchester. VA 22601 ME 4VCn LA'jDsc4Pe ( E&M 8 aJ = Fr - ft XKw a CD m PTE DEK S M B FEE Fm Lr- f to fY. HaN9 I __pp ma : E £1iVAMC FO tr mNp4,; Fa'. D35= i s� VET-M 'RE SD FT MERY AREA TO CE WW70NFD TO TK E77'TUOT MACTCAME °B TREES LwATEQ uTHm 75 FT FF rd Rzw- or-vrAy OR PAEFFRTk LINE. AS AppLv gmt. 6E WJAMD n EMS= F b YMAML f r A FJK:l,p= TO FE F FM rr7awm 2.1a FE FMm AS WIM T F7. HEZHT Fav : �, a 89 0 N 0 ¢j r `fin C d yY! M `` �) rr 1 V 77 W C Of a....l V V I f c 4 GI 419 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number PC Hearing Date Fee Amount Paid Date Received BOS .Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Address: Applicant: Address: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime & Stone 11 Stanwix Street, 21 Floor Pittsburgh, PA 15222 Telephone: 412 -638 -1581 Frederick County Parks & Recreation Department 107 North Kent Street Winchester, VA 22601 2. Property Owner (if different than above): Telephone: 540 - 665 -5678 Name: O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime & Stone Address: 11 Stanwix Street, 21 Floor Pittsburg, PA 15222 Name: Frances G. Martin as holder of life estate interest in parcel 44 -A -83 Address: 3004 Martinsburg Pike Stephenson, VA 22656 3. Contact person if other than above: Name: Thomas Moore Lawson, Esq. Jason Robertsou, Parks & Rec. Director Telephone: 540- 665 -0050 Tcicphonc: 540 - 665 -5678 12 4. Property Information: a. Property Identification Number(s): 44 -A -83, 44 -A -83A and 33 -A -144 (portion o_fl b. Total acreage to be rezoned: 92 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: EM Extractive Manufacturing) - Rezonin 401 -11 e. Proposed zoning designation(s) and acreage(s) in each designation: EM with (Extractive Manufacturing Modified Proffers f Magisterial District(s): Stonewall 5. Checklist: Check the following items that have been included with this application_ Location map Plat Agency Comments Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf s) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 4 -N Minerals (Chemstone) Company d/b /a/ Carrneuse_Lime & Stone Frances G. Martin as holder of the estate interest in parcel 44 -A -83 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See attached 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route I1 with Brucetown Road Route 672 and with Walters Mill Lane Route 836 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi- Family: 0 Non - Residential Lots: 1 Mobile Home; 0 Hotel Roams: 0 Sauare Footap-e of Pronosed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Commercial: 0 Other: 55.2 acres -- quarry operations 10. Signature: I (we), the undersigned, do hereby respeotfully make application and petition the Frederick County Board of'Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, 'Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (five) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road :right -of way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the nest of my (our) knowledge. Applicant(s): hate: Frcho ickCeuntyE'Ar:s ltecrzahoa eparlment F -- ,✓ " :.. Date: 0�T tiJjTjcrnls (Ctiemstone) Cumpny dIVa Canmwt: Umc K Sianc Owner(s): Date: ON Minamis {Chefwtone} CAMWY d/Wa Caimcuse Lime & Stone Date; 14 Adjoining, Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings_ For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue_ The Commissioner of the Revenue is located on the 2 f2 floor of the Frederick County Administrative Building, 107 North Kent Street. Name Andress Property Identification plumber (PIN) Name: County of Frederick 107 N. Kent Street Property #: 33-A-1 62A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33 -A -1626 Winchester, VA 22601 Name: Kesad Third Generation LLC 11499 White Oak Ct Property #: 33 -A -1646 Herndon, VA 20170 Wampler Jack K Sr & Jack K Jr PIA Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property #: 33- A -164D Stephenson, VA 22656 Name: Richardson Kimberly Dick & John Franklin 107 Cotswold Court Property #: 33 A 164E Stephens City, VA 22655 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 33 -A -166 York, PA 17403 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 34 -A -20 York, PA 17403 Name: White Harry S. Jr. 385 Back Mountain Road Property #: 34 -A -24D Winchester, VA 22602 Name: Frederick County Fair clo Chester Lauck 167 Fairground Road Property #: 44 -A -77A Clearbrook, VA 22624 Name: Stonewall District Ruritan c10 Joseph Hulver 1 023 Redbud Road Property #: 44 -A -81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44 -A -82 Winchester, VA 22604 Name: Umbenour Max J & Margaret M 115 Walters Mill Lane Property #: 44 -A -84 Stephenson, VA 22656 Name: Bachmann Jane Brumback 137 William Richmond Property #: 44 -A -95 Williamsburg, VA 23185 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44 -A -96 York, PA 17403 15 Name ,address Property Identification Number (PIN) Name: Roberts Gregory G. 130 Tatanka Lane Property #: 44 -A -96A Stephenson, V 22656 Name: Cutshaw Alan W & Susan J P.O. Box 133 Property #: 44 -A -96C Stephenson, VA, 22656 Name: Frederick Land Company LLG 893 Clubhouse Road Property #: 44 -A -96D York, PA 17403 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44 -A -97 York, PA 17403 Name: Anderson Mark D & Cheryl L 1419 Ramseur Ln Property #: 44 -A -100 Winchester, VA 2 2601 Name: Gray Marie T, Gray Tina M 611 Walters Mill Lane Property #: 44 -A -103 Stephenson, VA 22656 Name: Williams Gregory H P.O. Box 443 Property #: 44 -A -106 Stephenson, V 22656 Name: London Roy Alfred Ill 3172 Martinsburg Pike Property #: 44A -1 -1 Clearbrook, VA 22624 Name: Rudy Glenn B 621 Tennyson Avenue Property #: 44A -1 -2 Winchester, VA 22601 Name: Hedrick David R. & Sandra L. 3154 Martinsburg Pike Property #: 44A -1 -3 Clearbrook, VA 22624 Name: Cornwell Clarke & Tina 3144 Martinsburg Pike Property #: 44A -1 -4 Clearbrook, VA :22624 Name: Myers Lolita L. 3134 Martinsburg Pike Property #: 44A -1 -5 Clearbrook, VA 22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A -1 -6 Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A -1 -7 Herndon, VA 20170 Name: Clemons Richard Lee & Mary D 3106 Martinsburg Pike Property #: 44A -1 -8 Clearbrook, VA 22624 Name: Butts Joseph L. & Sylvia P. 3096 Martinsburg Pike Property #: 44A -1 -9 Clearbrook, VA 22624 Name: Payne Marion D. Jr. 3086 Martinsburg Pike Property #: 44A -1 -10 Clea rbrook, VA 22624 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 45 -A -1 York, PA 17403 Name: Carter Robert W 827 Gun Club Rd Property #: 45 -A -8 Stephenson, VA 22656 Name: Anderson Mark D 1419 Ramseur Ln Property #: 45 -A -8C 'Winchester, VA 22601 16 COUNTY of FREDERICK April 18, 2012 Carmeuse Lime and Stone ATTN: Mr. James Bottom 508 quarry Lane Clear Brook, VA 22624 Dear Mr. Bottom: Parks and 1Zecrcation Dcpartmcni 540 - 665 -5678 FAX: 540 -665 -9087 w« w.1cprd. net c -mail: fcprdw co,fredcrick.v a.us LOMMY Recently we met and discussed some concerns regarding the proffers associated with the rezoning of land currently utilized for ball fields at Clearbrook Park. These proffers were approved in December 2011 and require the planting of trees within the area that is 25 feet or less from the property line along Route 11. As we discussed, planting trees on the property currently used for ball fields and parking will reduce the amount of parking available for the Clearbrook Park ball fields which have been generously leased to the County for use by the Parks and Recreation Department. In the best interest of the Clearbrook Park ball field and park patrons, we are requesting Carmeuse submit a proffer amendment which would postpone planting trees in the area leased to the County until a fixed time after Carmeuse requests the County vacate the land and relocate the ball fields. Please advise if Carmeuse is willing to submit a revised proffer. We appreciate Carmeuse's support of the Parks and Recreation Department. Sincerely, Jason Robertson Director cc: Mark Cheran, Zoning and Subdivision Administrator 107 North Kcnt Sireet Winc llcstera VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 TO: Frederick County Board of Supervisors FROM: Michael T. Ruddy, AICP, Deputy Director, DATE: December 6, 2012 RE: Discussion: 2013 -2014 Capital Improvements Plan (CIP) On November 19, 2012, the Comprehensive Plans and Programs Committee (CPPC) Executive Committee met with County Department and Agency representatives to discuss their individual capital improvement project requests, including new projects and modifications to previous requests, associated with the 2013 -2014 Capital improvements Plan (CIP). The role of the CPPC in the CIP process was to ensure that the various departmental project requests are in conformance with the County's Comprehensive Policy Plan. The evaluation and prioritization of departmental projects was presented by the individual County departments and agencies and staff. Also provided was a projected cost for each project as required by the Code of Virginia. The CPPC discussion was typically thorough. Clarification was provided on a couple of projects: Parks and Recreations Aquatic Facility and Clearbrook Fire and Rescues Station replacement request. Particular focus was once again placed on enhancing the connection between the CIP and potential proffered contributions made with rezoning projects. This effort continues to be reinforced through the effort of the Parks and Recreation Department and their identification of their comprehensively planned parks, including community, neighborhood, and district parks. This year's CIP continues to include the individual Fire and Rescue Company requests as a subcomponent of the CIP. 107 North Kent Street, Suite 202 s Winchester, Virginia 22601 -5000 Board of Supervisors Discussion: 2013 -2014 CIP December 6, 2012 Page 2 Following the CPPC discussion, the CPPC Executive Committee endorsed the 2013 -2014 CIP and endorsed its conformance with the County's Comprehensive Policy Plan, The CPPC forwarded the CIP to the Planning Commission for discussion. Subsequently, the 2013 -2014 CIP is forwarded to the Board of Supervisors for discussion. During the Commission's discussion at their meeting on December 5, 2012, no areas of concern or issues were raised. It was noted that the CPPC extensively reviewed the CIP and the Commission agreed the document was ready to move forward. None of the agency representatives had anything to add and there were no citizen comments. (Note: Commissioners Lemieux and Thomas were absent from the meeting.) It is requested that the Planning Commission and Board of Supervisors consider the proposed 2013 -2014 Capital Improvements Plan as a discussion item prior to the CIP's advertisement for public hearing. This discussion will provide a valuable opportunity for the collective review of proposed capital projects while also allowing the Commission and Board the ability to determine if additional information or analysis is needed in advance of final consideration of the CIP. It is the role of the Planning Commission to affirm that the 2013 -2014 CIP is in conformance with the Comprehensive Policy Plan. Please find attached with this agenda item the Draft 2013.2014 CIP which includes; a summary of the proposed 2013 -2014 CIP in table form, and a draft copy of the proposed 2013 -2014 CIP maps illustrating the known locations of the CIP requests. More detailed information regarding the individual department requests is available digitally and may be forwarded to you directly if requested. If adopted, the CIP and included maps will ultimately become a component of the Comprehensive Policy Plan, which would satisfy the review requirement of Section 15.2- 2232 of the Code of Virginia, which states that no public facility shall be constructed unless said facility is a "feature shown" within a jurisdiction's comprehensive plan. Please contact the Planning Department should you have any questions regarding this information. MTR/rsa Attachments FREDERICK COUNTY VIRGINIA IMPROVEMENTS PLAN DRAFT 2013 -2014 Fiscal Year Adopted by the Frederick County Board of Supervisors Month, Day, 2013 Recommended by the Frederick County Planning Commission Month, Day, 2013 TABLE OF CONTENTS INTRODUCTION............................................. ............................... 1 PROJECT RECOMMENDATIONS ......................... ..............................2 Frederick County Public Schools ..................... ..............................2 Frederick County Parks and Recreation Department ............................3 Handley Regional Library ......................... ............................... 4 Transportation Committee ........................... ............................... 4 Winchester Regional Airport ........................ ............................... 4 County Administration ................................ ..............................5 Fire& Rescue ........................................... ..............................5 2013 -2014 CAPITAL PROJECTS MAP ................... ............................... 7 2013 -2014 COUNTY PUBLIC SCHOOLS CAPITAL PROJECTS MAP........... 9 2013 -2014 COUNTY PARKS AND REC. CAPITAL PROJECTS MAP............ I I 2013 -2014 TRANSPORTATION PROJECTS MAP ..... ............................... 13 2013 -2014 CAPITAL IMPROVEMENT PROJECTS TABLE ........................15 CIP TABLE EXPLANATIONS ............................. ............................... 21 PROJECT FUNDING ......................................... ............................... 21 PROJECT DESCRIPTIONS ................................. ............................... 23 Frederick County Public Schools ...................... .............................23 Frederick County Parks and Recreation Department ............................28 Handley Regional Library .............................. .............................35 Transportation Committee .............................. .............................38 Winchester Regional Airport ........................ ............................... 42 County Administration ............................... ............................... 49 Fireand Rescue ........................................... .............................51 Individual Fire & Rescue Company Requests ............................55 CAPITAL IMPROVEMENTS PLAN FREDERICK COUNTY 2013 -2014 INTRODUCTION Section 15.2 -2239 of the Code of Virginia assigns the responsibility for preparation of plans for capital outlays to the local Planning Commissions. The Capital Improvements Plan (CIP) consists of a schedule for major capital expenditures for the county for the ensuing five years. The CIP is updated annually. Projects are removed from the plans as they are completed or as priorities change. The plan is intended to assist the Board of Supervisors in preparation of the county budget. In addition to determining priorities for capital expenditures, the county must also ensure that projects contained within the CIP conform to the Comprehensive Policy Plan. Specifically, the projects are reviewed with considerations regarding health, safety, and the general welfare of the public, and the policies of the Comprehensive Plan. When the CIP is adopted, it becomes a component of the Comprehensive Plan. Frederick County approved the 2030 Comprehensive Plan on July 3, 2011. The CIP is strictly advisory; it is intended for use as a capital facilities planning document, not for requesting funding allocations. Once adopted, project priorities may change throughout the year based on changing circumstances. It is also possible that particular projects may not be funded during the year that is indicated in the CIP. The status of any project becomes increasingly uncertain the further in the future it is proj ected. Transportation projects are included in the CIP. The inclusion of transportation projects to the CIP is in no way an indication that Frederick County will be independently undertaking these projects. Funding projects will continue to come from a combination of state and federal funds, developer contributions, and revenue sharing. The 2013 -2014 CIP continues to emphasize the connection between the CIP, Comprehensive Plan, and potential proffered contributions made with future rezoning projects. This effort continues to be reinforced through the effort of the Parks and Recreation Department and their identification of their comprehensively planned parks including community, neighborhood, and district parks. 1 PROJECT RECOMMENDATIONS Frederick County Public Schools Frederick County Public Schools continue to commence and complete capital projects that have been priorities from previous years. The James Wood Middle School parking lot safety enhancements, a project done in conjunction with the City of Winchester to address several traffic safety concerns identified in the vicinity of James Wood Middle School over the years, has recently been completed and has therefore been removed from this year's CIP. Previously removed, and soon to be opened, is the new transportation facility located adjacent to Armel Elementary School. The facility will house administration, driver training areas, driver and staff meeting areas, mechanical service and repair bays, inspection bay, wash bay, and fueling bays. The school renovations proposed to prepare school facilities for an all day Kindergarten program have moved off the CIP as they have been programmed to be funded and initiated. The CIP has been reflected accordingly. It should be recognized that the all day kindergarten program had been delayed for several years in light of the recent fiscal climate so it is very positive to see the all day kindergarten program progress through the joint efforts of Frederick County Public Schools and the Board of Supervisors. The Replacement of Frederick County Middle School is the School's top Capital improvement priority with the construction of the County's fourth High School the second highest priority. The new high school and both a replacement and new middle school have been requested in anticipation of the future demand of a growing student population. Previously, the Sherando High School Parking Lot Improvement project was combined with softball field improvements at the school. A new project, an addition and renovations to Indian Hollow Elementary School, is proposed. Indian Hollow Elementary School opened in 1988 and is the County's smallest elementary school building with a program capacity of 492 students. Renovations to the existing portion of the building will address several major issues, including classroom storage, ADA compliance, energy conservation, security, and upgrades of fire alarm, electrical, plumbing, and mechanical systems. A building addition will be needed to maintain program capacity. This year's CIP continues to include a request to renovate and expand the current administration building on Amherst Street. In an effort to maintain educational facilities that will handle the growing student population, the construction of two new elementary schools is recommended within the UDA (Urban Development Area). However, the timeframe for these facilities has been extended out several years. 2 Parks & Recreation Baseball field lighting at both Clearbrook and Sherando Parks is the number one capital improvement priority for Parks and Recreation. Last year for the first time, the CIP reflected the desire to provide Fleet Trip vehicles to further the programming of the Department. The Fleet Vehicles remain a high priority in order to offer a comprehensive package of trips to the population of Frederick County. Swimming improvements continue to be a focus for Parks and Recreation. The upgrade of pool amenities at the swimming pools at both parks will include the addition of water slides and a spray ground. This project is expected to increase pool attendance by 30 percent while providing recreational opportunities for both the Sherando and Clearbrook Park service areas. The indoor aquatic facility continues to be proposed as a high priority of the Parks and Recreation Department, with modifications to the scope of the project aimed at providing flexibility in its design. The Parks and Recreation Department has proposed to acquire land in both the eastern and western portions of the county for the development of future regional park system. Both land acquisitions call for 150 -200 acres of land to accommodate the recreational needs of the growing population. The effort of the Parks and Recreation Department and their identification of their comprehensively planned parks including community, neighborhood, and district parks, further emphasizes the connection between the CIP, Comprehensive Plan, and potential proffered contributions made with rezoning projects. The majority of the recommended projects are planned for the county's two regional parks ( Sherando & Clearbrook). Projects planned for Sherando Park include: upgrade of baseball lighting, upgrade pool amenities, a softball complex, a soccer complex, maintenance compound and office, skateboard park, parking and multi - purpose fields with trail development, picnic area with a shelter, and an access road with parking and trails. The projects planned for the Clearbrook Park include, upgrade of baseball lighting, upgrading pool amenities, a new open play area, a tennis/basketball complex, and shelter with an area for stage seating. A project that has moved up in priority for Parks and Recreation is the Abrams Creek Greenway Trail. This capital project was first recognized in last year's CIP. This facility would provide recreational opportunities for residents of this corridor along with the surrounding communities and was emphasized in the Senseny /Eastern Frederick Urban Areas Plan completed during 2012. This project will provide trails with bicycle, walking and joggings opportunities, which ranks 91 in the 2007 Virginia Outdoors Plan survey for all outdoor recreational activities. E Handley Regional Library The Handley Regional Library continues to recommend four projects, consistent with their 2011 -2012 requests. The library's top priority is a parking lot sidewalk extension promoting sidewalk access at the Bowman Library as phase 2 of the parking lot expansion project. The parking lot expansion component of the project was completed during 2011. The library wishes to extend the sidewalks to serve residents traveling from the east to Lakeside Drive. The three remaining projects request that funding be provided for new library branches throughout the county which include the areas of Gainesboro, Senseny /Greenwood Road, and Route 522 South, with the latter two being located within the UDA (Urban Development Area). Transportation Committee The Transportation Committee continues to provide project requests for the CIP. Virginia State Code allows for transportation projects to be included within a locality's CIP. Funding for transportation project requests will likely come from developers and revenue sharing. Implementation of transportation projects does not take away funding for generalized road improvements. The Transportation Committee has requested funding for fifteen projects. The fifteen requests include projects that entail widening of major roads; key extensions of roads that help provide better networks, bicycle and pedestrian improvements, and the addition of turn lanes at current unsafe intersections. The relocation of the Senseny Road bicycle and pedestrian improvements and the Eastern Road Plan are recent additions to the CIP, added in 2010 -2011. The inclusion of the Eastern Road Plan Improvements item once again emphasizes the connection between the CIP and potential proffered contributions made with rezoning projects which are aimed at mitigating potential transportation impacts identified in the Comprehensive Plan. The one new transportation project in this year's CIP is the Route 277 Widening and Safety Improvement project. Ranked number five, the project identifies the construction of a 4 -lane divided roadway beginning at I -81 and continuing to Sherando Park. The project would include the realignment of Aylor Road to align with Stickley Drive. This is a regional transportation improvement that will address congestion in the Southern Frederick area and address development to the surrounding areas. Winchester Regional Airport Funding for airport projects is derived through a complex formula where the federal and state governments contribute a majority of the funding, with Frederick County and the other jurisdictions providing the remaining funding. F1 The Airport has recently completed a major improvement of their runway. With this project moving from the CIP, The Airport Authority is now focusing their CIP efforts on Taxi way improvements and Property acquisition in support of airport development to meet Federal Aviation requirements for general aviation facilities. The vast majority of the funding for these improvements came from the FAA and VDA. The number one priority for the Airport is the construction of a Maintenance Facility. The construction of a new general aviation terminal to support future airport operations and associated parking improvements is a project that was added to last year's CIP and remains in this years. A new project for the airport is the Fuel Storage Facility. The number of projects that are included in this CIP has been consolidated over last year as the Airport Authority is further aligning the County's CIP with the one provided to the Virginia Department of Aviation. County Administration With the Gainesboro citizen convenience center project moving forward, the number one priority is a new facility proposed as a replacement for the Albin Convenience site. The other request is for the expansion /relocation of the Gore Refuse Site to allow for a trash compactor, which will reduce operational costs, by compacting trash before it reaches the landfill. Previously, an item was added to enhance the connection between the CIP and proffered contributions made to mitigate the impacts of development projects is an item that addresses general government capital expenditures that may fall below the established $100,000 departmental threshold. This is similar to the approach previously taken for Fire and Rescue Capital Equipment. The structure of the County Administration section of the CIP has been modified and no longer includes Fire and Rescue. Fire and Rescue has its own section which is as follows. Fire and Rescue The top project for the Fire and Rescue component remains the creation of Fire & Rescue Station 422 in the vicinity of Route 277, with the ability to provide an annex facility for other county related offices. The collaboration of this project with other community users and a land use planning effort was a key element of the Route 277 Land Use Plan. Fire and Rescue has also included a project which provides for the capital apparatus needs of this facility. Fire & Rescue has once again requested the relocation of two current fire stations in order to operate more efficiently; Round Hill and Clearbrook. Three newer projects for Fire and Rescue are the creation of Station #23, a new facility located in the vicinity of Crosspointe, the creation of Station 424 in the vicinity of Cross Junction/Lake Holiday, and a Fire & Rescue Regional Training Center. Such a Regional Public Safety Training G Center potentially consisting of an administrative building, multi -story burn building, multi -story training tower, vehicle driving range, shooting range, and numerous other training props. This project will incorporate emergency medical services, fire, hazardous materials, rescue, law enforcement, industrial, and educational institutions located within the region. Fire and Rescue Volunteer Company Capital Equipment Requests Previously, a project consisting of a revolving fund in the amount of $1,000,000 for the benefit of Fire and Rescue Services was established. It is the intention of this capital expenditure fund to be for the purpose of purchasing additional and replacement capital equipment fire and rescue vehicles and equipment that may fall below the guidelines established by the Finance Committee. It was determined that the inclusion of such a project would be beneficial in ensuring that this significant capital expense is identified in the County's capital planning and budget process. This project is primarily for the benefit of the individual Volunteer Fire and Rescue Companies. The individual Fire and Rescue Companies have identified their own Capital Requests which have been added to the CIP in no particular order. Most of the Capital requests meet the $100,000 guideline established by the Finance Committee. Those requests that do not meet this guideline have been noted and therefore relate to the Fire & Rescue Capital Equipment project category. 71 2013-2014 Capital Improvements Specific or Approximate Locations County Administration 1 Albin Convenience Site Expansion 2 Gore Convenience Site Expansion 3 Annex Facility/ Fire & Rescue Station 4 Round Hill Fire Station Relocation 5 Clearbrook Fire Station Relocation 6 Fire & Rescue Station 23 7 Fire & Rescue Station 24 - Airport Library 1 Bowman Library - Parking Lot Sidewalk Addition 2 Northern Frederick County Library Branch 3 Library Branch - Senseny & Greenwood 4 Library Branch - Rt 522 South 7 l " 0 5,500 11,000 22,000 Feet 0 1.5 3 6 Miles Note: Created by Frederick County Department of Planning & Development Map represents the Capital Improvment Requests submitted by various county departments. 11/01/2012 High Schools Middle Schools Elementary Schools Support Facilities Potential School Facility Locations O Potential School Locations O Proffered Land O Potential Proffer Urban Development Area O SWSA a. i Middle School Elementary School Elementary School Li JW ANRES ••• Old Transportation Fa ity •_ J Snowden Bridae I , J Middle School 0 1 2 4 Miles Note: Created by Frederick County Department of Planning & Development Map represents the Capital Improvment Requests submitted by Frederick County School Board 11/01/12 & Grounds Elementary School School Locations Are Most Appropriate Within the UDA 9 JWMS. Dowell J. Howard �. t Wihchestei RRES ' � Virginia - 7 Sen en Road r Multi -Use Campus i \50 s iy Elementary School \� • • \•�• West Jubal Early OVES 37 • _ • \ y� \ (522' \ �ABMS. J i �0 EES ? \ Fourth High School Villages atArtrip • tt' ES ` • New Transportation Facility REAMS •1 r Stephens BHES _ • ( r City r SHS • virginia rzrrt, Elementary School Elementary School School Locations Are Most Appropriate Within the UDA 9 Existing County Parks District Park Neighborhood Park Proposed Parks ® District Community Neighborhood L Linear Park Trail t��� LIDA s2z 81 t clearbrook Note: Created by Frederick County Department of Planning & Development Map represents the Capital Improvment Requests submitted by The Dept of Parks & Recreation 11/01/2012 MON En 0 1 2 4 Miles 11 w i' NE r 37 � /t' � • +�O , 50 t � B EAST " � � Sherando 77 11 � i ® �l 522 l r� J J i C, 3 .J 11 ^ \ � / ^ 1'� / - Winchester Capital Improvement Plan zo Transportation Projects 1, CONTINUE RT37 PLANNING & ENGINEERING WORK 2,1-81 EXIT 310 IMPROVEMENTS 3 -81 EXIT 307 RELOCATION 22 4, EAST TEVIS EXTENSION TO RDWAY RUSSELL 150 & 181 5, ROUTE 277 WIDENING & 50 I_J SAFETY IMPROVEMENTS 6 WARRIOR DR EXTENSION TO NEW EXIT 307 7 CHANNING DR EXTENSION ��DENING TO WV LINE _r 9, BRUCETOWN RD/ HOPEWELL RD, ALIGNMENT AND INTERSECTION 22 10, SENSENY RD WIDENING 11, INVERLEE WAY CONNECTION FROM RT50 TO SENSENY RD 7 0 0.375 0.75 1.5 Miles 12, FOX DR" INSTALL RT TURN LANE ONTO RT522 Frederick County Dept of Plarm & Development 13, RENAISSANCE DR 07 N Kent St Winchester, VA 22601 14, SENSENY RD BIKE & 11/01/12 PEDESTRIAN IMPROVEMENTS 15, EASTERN ROAD PLAN 13 15 Q Q Q Q Q Q Q Q Q Q Q Q O O O w O O 00 O 00 N w O N O O N M N N 0 00 00 ++ m m m m m m m m m m m m 6% O O O O N M N O O O W N V O O O N M O O N O O Lo N1- O a M N O O Cl) N V (D M d) 'It M F- F- F- F- F- F- F- F- F- F- F- F- N r- 'O N O O M O N O 7 00 O M O V 00 N'I r 0p O O) N (O V M O) (O r N r r (O N O O O m"T m a N cr� NEiJ N In N'I M( Cl) M U) LO 00 LO 00 m V W N V (`7 00 (V (13 V R U r ` O r N d r O z Q Q Q Q Q Q Q Q Q Q Q Q O O 00 O (D 00 O 00 N M O N O O N M N N 0 00 00 0) m m m m m m m m m m m m F- F- F- F- F- F- F- F- F- O O O O N M N O M O W N V O O O N M O O N O O M N� O O M N O O M N V O M (3 N 0 O O M O N 01- V w O M O V w N 'IT I- 0p O a+ a+ O O N O V M O 0 r N r r O N O O O CF) "T M Cl) IT Cl) LO LO 00 LO 00 (O V W cr� N EiJ N - In N It M (D - r,: 00 fiJ fiJ � fiJ � fiJ � fiJ fiJ fiJ � U0 1 11 U + ao � O _0 N O O T N m (O O0 O0 O 0 L2 M I- N N V W 1 I� N ( O ER ER L N In Cl) N N In V O O _ M N N O N (D It 00 C N_ (O N I 1 I N O O O � U) U) 00 o0 LL _ O } 6% N a 0 °(�00 0 O M O) M N (O O O ����M 7 N N N } -7 6% 6 M � L 6 +- W O W N LO U `m � 0 m y N N O } N? 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O j N d 'Q N N M V N M S E d O N 7 U # 04 04 04 04 M # ## W U Q . 71 N N N M E C a5 a- (A (A (A (A cu r U h m m LL Q S U 7 m; N LU O 3 3 7 .� 7 N OO N N N~ O N a W 1) � � d' d' (4 d' ## � d' (l j O O p p -a N N d d d N Q c) E Q Q C� LL LL LL Q' LL M M .� V LL « O Q Q Z U O Z 0 W a+ .L O Q Q O O '� o U a+ C G) v V y E U v y E Q W 7 y w 41 c 06 °6 v D U LL it F ._ Q a o F Q C, z m Q O O O T m co r r r a a a Q m U C, 19 THE CIP TABLE CONTENT DESCRIPTIONS The Capital Improvements Plan table, on the previous pages, contains a list of the capital improvement projects proposed for the ensuing five years. A description of the information in this table is explained below. Department Priority - The priority rating assigned by each agency or department for their requested projects. Project Description - The name of the capital improvement projects. County Contribution - The estimated dollar value that will be contributed for each project. This value is listed by individual fiscal years and by total contributions over the five -year period. The total contribution column, located to the right of the fiscal year columns, does not include debt service projections. Notes - Indicates the footnotes that apply to additional funding sources for particular proj ects. Total Project Costs- The cost for each project, including county allocations and other funding sources. PROJECT FUNDING The projects included in the 2013 -2014 Capital Improvements Plan have a total project cost to the county of $697,264,668. While the CIP is primarily used to cover the next five years, much of the project costs have been identified beyond the next five years. • School projects are funded through a combination of loans from the Virginia Public School Authority and the Virginia Literary Fund. • Funding for Parks and Recreation Department projects will come from the unreserved fund balance of the County. The Parks and Recreation Commission will actively seek grants and private sources of funding for projects not funded by the county. • Airport projects will be funded by contributions from the federal, state, and local governments. The local portion may include contributions from Frederick, Clarke, Shenandoah, and Warren Counties, and the City of Winchester. • The inclusion of transportation projects to the CIP is in no way an indication that Frederick County will be independently undertaking these projects. Funding projects will continue to come from a combination of state and federal funds, developer contributions, and revenue sharing. 21 Frederick County Public Schools Proiect Priority List PRIORITY 1 Replacement of Frederick County Middle School Description: Frederick County Middle School opened in 1965. The school contains 96,701 square feet and has a program capacity of 730 students. Currently, the building serves grades 6 -8. The building is in passable condition; however, there are several major areas of concern. The replacement Frederick County Middle School (FCMS) project will have a program capacity of 850 students and will serve grades 6 -8. It will have a floor area of approximately 166,000 square feet and have land acreage of approximately 35 acres. This project could be located in the western part of Frederick County between Route 50 west and Route 522 north or in the eastern part of Frederick County between Snowden Bridge and Route 50. Capital Cost: $TBD Justification: The replacement FCMS is listed as a priority project due to the near -term need to renovate the current FCMS, including major infrastructure and items dealing with ADA compliance. Further, replacement is the best option because of concern for the best building configuration for the delivery of instruction and the location of the facility. Construction Schedule: Construction will take 48 months. PRIORITY 2 Fourth High School Description: The fourth high school project will have a program capacity of 1,250 students and serve grades 9 -12. The location of this project has been added to the Comprehensive Plan's Capital Project Map for the east side of Frederick County, centered on Route 522. The facility will have a floor area of approximately 254,000 square feet and be located on approximately 80 areas of land. Capital Cost: $TBD Justification: This project will address expected growth in high school student enrollment in the school division over the next several years. We project that enrollment in the high schools by the fall of 2016 will be 4,252. Based on this projection, it is necessary to construct the fourth high school in Frederick County to open in that time frame. The location of this project is shown on the Comprehensive Policy Plan's Potential New School Locations Map. Construction Schedule: Construction will take 54 months 23 PRIORITY 3 Robert E. Aylor Middle School Renovation Description: Robert E. Aylor Middle School opened in 1969 and has served as a middle school since that time. The school contains 113,643 square feet and has a program capacity of 850 students. Currently, the building serves grades 6 -8. The building is in good condition; however, several major areas need to be addressed in a renovation. Major areas of this renovation project include the following: additional classroom and storage space, complete replacement of fire alarm and communication systems, roof replacement, upgrade of electrical and plumbing, and complete replacement of mechanical systems. Other areas to be addressed are security, repaving of asphalted areas, and the installation of an emergency system. Capital Cost: $TBD Justification: Robert E. Aylor Middle School is soon to be 37 years of age and renovations are needed to a number of different areas to ensure economic and efficient operation of the school for years to come. Construction Schedule: 48 Months PRIORITY 4 James Wood High School Renovation Description: James Wood High School opened in 1980 and has served as a high school since that time. The school contains 234,095 square feet and has a program capacity of 1400 students. Currently, the building serves grades 9 -12. The building is in good condition; however, several major areas need to be addressed in a renovation. Major areas to be included in this renovation project are increased electrical service and distribution to support technology, technology cabling, hardware and its installation, upgrade of plumbing and mechanical systems, and modification of instructional areas to support instructional delivery. Capital Cost: $TBD Justification: Updating the facility will assist the school division in meeting the community needs for the citizens and high school student in the James Wood High School attendance zone. Construction Schedule: 36 Months PRIORITY 5 Sherando High School Parking Lot and Softball Field Improvements Description: This project is being undertaken to address several traffic safety concerns identified at Sherando High School over the years and equity issues (there is no softball field at SHS). Traffic safety concerns have reached a level that we have completed two studies of the site. Concerns exist for pedestrians, school buses, student drivers, parents, and staff. Rearrangement of the site and the flow of traffic on the site is necessary to address these needs. 24 Capital Cost: TBD Justification: This is a two -part project. For transportation safety, concerns exist on the school site at Sherando High School during arrival and dismissal. The students, many of their parents, and the staff necessary to serve them are exposed to these safety concerns on a daily basis. The flow of traffic at arrival is so slow that at times vehicles back up past Double Church Road. For the softball field, SHS does not have a softball field onsite, instead using a softball field in neighboring Sherando Park. This represents an equity issue between boys and girls sports. FCPS strives to attain equity between boys and girls sports. Additionally, this is a Title IX issue. Construction Schedule: 30 Months PRIORITY 6 Apple Pie Ridge Elementary School Phase 2 Renovations Description: Currently, the building serves grades K -5. The building is in good condition; however, several major areas need to be addressed. These items will be addressed in two phases. The first phase, kindergarten renovation, was completed this summer. In the second phase, a renovation of the remaining facility will be completed. Several of the major issues to be addressed in this renovation include open classroom space, ADA compliance, energy conservation, security, and upgrades of fire alarm, electrical, plumbing, and mechanical systems. Capital Cost: $TBD Justification: Apple Pie Ridge Elementary School is over 30 years old and renovation is needed to a number of areas to ensure the economical and efficient operations of the school for years to come. Construction Schedule: 36 Months PRIORITY 7 Frederick County Administrative Office Expansion and Renovation Description: The facility contains 20,592 square feet, which does not include the 5,000 square foot Annex that has recently been constructed or the seven modular units that have been added to help address the need for additional space. The expansion and renovation will address the need for office and meeting space, will take advantage of advances in technology, and will provide mechanical, plumbing and electrical wiring to code. Capital Cost: $TBD Justification: The expansion will address the need for office & meeting space, will take advantage of advances in technology, and will update 50- year -old mechanical, plumbing and electrical wiring to code. Meeting space is at a premium, as we have only 2 sizeable meeting spaces. Electrical wiring is a safety issue, as existing circuits and outlets in overcrowded areas of the building are overloaded. All of these issues will continue to expand as the district and therefore the staff grows. Other issues to be addressed include building security, vehicular safety entering and exiting Amherst Street, conflicts between vehicles and pedestrian traffic in the parking lot, and asbestos. Construction Schedule: 30 Months W PRT(1RTTV R Bass Hoover Elementary School Phase 2 Renovations Description: Currently, Bass - Hoover serves grades K -5. The building is in good condition, but several major issues need to be addressed. Renovation of the remaining facility will be completed. Several of the major issues to be addressed in this renovation include open classroom space, ADA compliance, energy conservation, security, and upgrades of fire alarm, electrical, plumbing, and mechanical systems. A building addition will be needed to maintain program capacity. Capital Cost: $TBD Justification: These renovations are needed to a number of areas to insure economic and efficient operation of the schools for years to come and to accommodate a full day kindergarten program. Construction Schedule: 30 Months PRTORTTV 9 Indian Hollow Elementary School Addition and Renovation Description: Indian Hollow Elementary School opened in 1988. The school contains 59,065 square feet and has a program capacity of 492 students_ Indian Hollow is our smallest elementary school building. Currently, the building serves grades K -5. The building is in good condition; however, several major areas need to be addressed. Renovations to the existing portion of the building will address several major issues, including classroom storage, ADA compliance, energy conservation, security, and upgrades of fire alarm, electrical, plumbing, and mechanical systems. A building addition will be needed to maintain program capacity. Capital Cost: $TBD Justification: Indian Hollow Elementary School is 24 years old and nearing design life of much of the infrastructure. The school was built without classroom storage. Renovation to a number of areas and an addition are needed to ensure the effective, economical, and efficient delivery of modern instruction at this school. Construction Schedule: 30 Months PRIORITY 10 Elementary School #12 Description: This is a single -story elementary school with a floor area of approximately 100,000 square feet located on 15 acres. The facility will be designed to accommodate a student membership of 850. Capital Cost: $TBD Justification: This project will address anticipated growth in student enrollment in the school division over the next several years. It is anticipated that student enrollment will increase at all levels. A projection using cohort migration shows enrollment in the 26 elementary schools by the fall of 2020 to be 6,452. Based on this projection, implementation of full -day kindergarten, and renovations at Apple Pie Ridge and Bass - Hoover Elementary Schools, it will be necessary to construct the 12 elementary school in Frederick County to open in that time frame. This school will be located in an area to relieve overcrowding and to accommodate expected new housing development. Locations for this project are on the Comprehensive Plan's Potential New School Locations Map and could be placed on one of the two currently proffered pieces of property (Villages of Artrip or Snowden Bridge). Construction Schedule: Construction will take 42 months. PRIORITY 11 Fifth Middle School Description: The new fifth middle school project will have a program capacity of 850 students and serve grades 6 -8. This project has been located on the Comprehensive Policy Plan's Potential New School Locations Map. The facility will have a floor area of approximately 166,000 square feet and be located on approximately 35 acres of land. Capital Cost: $TBD Justification: This project will address growth in student enrollment in the school division over the next several years. It is anticipated that student enrollment will increase at all levels. A projection using cohort migration shows enrollment in the middle schools by the fall of 2021 to be 3,284. Middle school program capacity is 3,280. The replacement FCMS will increase capacity by 120. We anticipate that student population growth will necessitate construction of the fifth middle school in Frederick County by the fall of 2025. As shown on the Comprehensive Plan's Potential New School Locations Map, the location of this project previously has been in the eastern part of Frederick County between Route 7 and Route 50 east. With reconsideration of the location of the replacement FCMS, the fifth middle school potentially could be located between Route 522 north and Route 50 west. Construction Schedule: Construction will take 48 months. PRIORITY 12 Elementary School #13 Description: This is a single -story elementary school with a floor area of approximately 100,000 square feet located on 15 acres. The facility will be designed to accommodate a student membership of 750. The outdoor facilities will include three pods of grade -level appropriate playground equipment, one asphalt play area, one softball field, and a physical education field. This facility will meet or exceed all Virginia Department of Education new construction requirements for K -5 elementary schools. Capital Cost: $TBD Justification: Significant residential growth in Frederick County is expected to resume once the economy recovers, with the result that school enrollment is expected to exceed program capacity in FY 2019 -20. 27 Construction Schedule: Construction will take 42 months. Parks & Recreation Department Project Priority List PRIORITY 1 Baseball Field Lighting Upgrade Description: Upgrade the ballfield lighting at both Clearbrook and Sherando Parks Baseball facilities. The upgrade would involve the removal of the 30/20 FC (footcandle) level fixtures, lamps, and wood poles and replace with 50/30 FC (footcandle) level fixtures, lamps and steel poles on (4) four fields at Clearbrook Park and (4) four fields at Sherando Park. This upgrade is required by Little League International on all little league fields. Capital Cost: $1,300,000 Justification: This project will provide recreational opportunities for the Clearbrook Park and Sherando Park service area which includes all county residents. Park visitation at the two district parks exceeds 425,000 annually and is growing. The field lighting fixtures are over 25 years old and the majority of the poles are over 35 years old. With the decrease in the quality of lighting with the age of the system, with most of the poles being warped and decayed and in need of replacement and to achieve the recommended 50/30 FC (footcandle) level on the playing surface, the Commission is recommending these facilities be upgraded. Construction Schedule: Completion in FY 13 -14 PRIORITY 2 Fleet Trip Vehicles Description: The Parks and Recreation Department needs to upgrade the current vehicle fleet to offer a comprehensive package of trips for Frederick County citizen's recreation needs. The addition of the below vehicles would replace the current 1994 bus and 1999 van. These are necessary to adequately offer trip packages and provide reliable transportation for program participants. Bus 91 — 40 -50 Passenger Bus, Bus 92 — 30 -40 Passenger Bus, Van #1 — 12 Passenger Van Capital Cost: $290,000 Justification: To offer a comprehensive package of trips where the population of Frederick County could begin to rely on the Parks and Recreation Department to meet their trip needs. Construction Schedule: Completion in FY 13 -14 PRIORITY 3 Swimming Pool Improvements — Sherando /Clearbrook Description: Upgrade the outdoor swimming pools at both Clearbrook and Sherando Parks. Upgrade would involve the removal of the diving boards and the installation of one 50' water slide and one 75' water slide at each pool. The upgrade would also include the addition of a spray ground with 10 -12 features at each pool. Capital Cost: $1,251,208 Justification: This project is expected to increase pool attendance by 30 percent while providing recreational opportunities for both the Sherando and Clearbrook Park service areas. Construction Schedule: Completion in FY 13 -14. PRIORITY 4 Indoor Aquatic Facility — Competitive /Training /Leisure Pool Description: This facility would house competitive, instructional, and leisure pools with an office, adequate storage and locker rooms and would need approximately 10 acres to construct. This facility should be located on property owned or proffered to the County. The above pools may be constructed in one facility, separated into multiple facilities, or collocated with other compatible uses should opportunities arise, reducing the acreage demand. Capital Cost: $15,163,000 Justification: There are no public indoor public pools in Frederick County. By constructing the indoor pool, it would permit the department to meet competition needs, instructional needs, citizen programming and leisure demands as well as provide a nucleus to attract new businesses to the community. This facility would be available to all area residents. The construction of this project will provide a facility to offer 29 competitive scholastic programs and year round recreational programming for the residents of Frederick County. The Indoor Pool facility should be located in an area convenient to the major transportation corridors of the county. However, as an alternative, one of the two county regional parks could be used to house the facility, since these locations are already identified as centers for recreation programs and activities. Construction Schedule: Completion in FY 13 -14. PRIORITY 5 Access Road with Parking and Trails- Sherando Park Description: This project involves the development of an entrance and 1,800 linear feet of access roadway from Warrior Drive; a 100 space parking area; and 2.8 miles of trails_ Capital Cost: $1,540,626 Justification: This facility will provide recreational opportunities for the Sherando Park service area and the entire Frederick County community. The development of this facility will reduce the needs gap between the number of existing passive recreational areas and the number required to meet the minimum standards established for the service area. Construction Schedule: Completion in FY 13 -14. RUMUTTV F Abrams Creek Greenway Trail Description: 10' wide asphalt multi -use bicycle /pedestrian trail along Abrams Creek from Senseny Road to Channing Drive. It is estimated that the trail will have (3) three bridges (stream crossings) and will be approximately 2.6 miles in length. Capital Cost: $1,252,558 Justification: This facility would provide recreational opportunities for residents of this corridor along with the surrounding communities. This project will provide trails with bicycle, walking and joggings opportunities, which ranks 91 in the 2007 Virginia Outdoors Plan survey for all outdoor recreational activities. Construction Schedule: FY 14 -15. PUMPITV 7 Park Land - Eastern Frederick County Description: Parkland acquisition in the eastern portion of the county. Capital Cost: $4,490,510 Justification: A new 150 -200 acre regional park would be utilized by the entire county population. The park would be located in the primary growth center of Frederick County, within the existing urban development area and the approved Southern Frederick Land 30 Use Plan, which consists of 1,200 acres of new residences. This project would reduce the gap between the amount of existing parkland and the amount of parkland needed to meet the minimum standard for the Frederick County service area, as recommended by the Virginia Outdoors Plan. Construction Schedule: Completion in FY 14 -15. PRIORTTV R Park Land — Western Frederick County Description: Parkland acquisition in the western portion of the county. Capital Cost: $3,367,728 Justification: A new 150 -200 acre regional park would be utilized by the entire county population. This project would reduce the gap between the amount of existing parkland and the amount of parkland needed to meet the minimum standard for the Frederick County service area, as recommended by the Virginia Outdoors Plan. The location of this project would provide parkland to create more accessible recreational facilities to residents in western Frederick County. Construction Schedule: Completion in FY 14 -15 PRIORITY 9 Softball Complex- Sherando Park Description: Softball fields (2) - 300' radius, fully fenced, backstop, four 50 person bleachers per field, lighted concrete poles 30/20 FC, concrete deck. Access Road - 500 LF. Parking - 153 spaces, asphalt paved with curbed islands and drop off, line markings and 6 security lights. Landscaping - 100 shade trees; pine screen. Peripheral Work - General seeding - 1 acre; miscellaneous signage. Capital Cost: $671,062 Justification: This facility would provide recreational opportunities for the entire county population, as well as the Frederick County School System. Presently, there are ten softball and baseball fields within the county's regional park system. Eight of the existing fields must serve a dual purpose of facilitating youth baseball, as well as adult softball programs. With the increased usage of these fields, it has become increasingly difficult to facilitate these programs. This project is needed in order for the Parks and Recreation Department to accommodate the existing demand for youth baseball and adult softball programs. Construction Schedule: Completion in FY 14 -15. PRIORITY 10 Soccer Complex- Sherando Park Description: Soccer field - 210'x 360' artificial grass surface with goals. Access paths - 1500 LF; 10' wide; asphalt paved. Restroom /concession - 820 SF; masonry with concrete roof deck; full concession hookup. Plaza - 22,000 SF; 50% paved /50% planted; kiosk. 31 Picnic shelters (1) - 24'x 24': 6 picnic tables each; concrete pad; wood frame structure; asphalt shingles. 12 sets of bleachers. Landscaping - 90 shade trees. Lighting - 1 field (210'x 360') Capital Cost: $1,121,998 Justification: This facility would be used by the entire Frederick County area. In addition to its use as a recreational facility, the soccer complex will also be used by the Frederick County school system. To reduce the gap between the number of existing soccer fields and the number of fields which are needed to meet the minimum standard for our service area. Sherando Park, currently owned by Frederick County, represents the very best location for soccer field development. The fact that the county will not have to acquire property for this facility means that the most costly aspect of this development has already been completed. Sherando Park also provides a location that is situated in the fastest growing area of the county and is adjacent to the new county high school_ With joint use of facilities between the park and school system, the construction of additional soccer fields will benefit both agencies. Construction Schedule: Completion in FY 15 -16. PRIORITY 11 Maintenance Compound and Office — Sherando Park Description: This project involves the construction of a 1,200 square -foot office and a 3,200 square -foot storage shed for operation at Sherando Park. Capital Cost: $374,310 Justification: This facility will enable the county to maintain its equipment and facilities in a more responsible and effective manner. Also, with the additional responsibility of maintaining all outdoor facilities at Sherando High School, Armel Elementary School, Orchard View Elementary School, Bass - Hoover Elementary School, Middletown Elementary School, R. E. Aylor Middle School, Admiral Byrd Middle School, Evendale Elementary School, and the Public Safety Facility there is a need for more storage, maintenance and office space. Sherando Park, currently owned by Frederick County, will provide the best location for the development of this maintenance facility. Since the maintenance equipment, staff and facility is needed to serve as a maintenance function for Sherando Park =s grounds and facilities, this project should be located at Sherando Park. Construction Schedule: Completion in FY 15 -16. PRIORITY 12 Open Play Area — Clearbrook Description: This project includes development of a picnic shelter; six horseshoe pits; a volleyball court; croquet turf, shuffleboard; parking; refurbishing the existing concession stand; landscaping (14 shade trees); peripheral work; and renovations to existing shelters, restrooms, access paths, and parking areas on the south side of the lake. Capital Cost: $478,565 32 Justification: These facilities will provide recreational opportunities for the Clearbrook Park Service Area which will lessen the disparity between the number of passive recreational areas needed to meet the minimum standards for this service area. Clearbrook Park offers the best location for this development. Construction Schedule: Completion in FY 15 -16. PRIORITY 13 Lake, Parking, and Trail Development with two Multi- purpose Fields Description: This project involves the development of a 12 acre lake; 1.5 mile trail system around the lake; 800 linear feet of access roadway; lighted parking lot with 125 spaces; and development of two irrigated 70x 120 yard multi - purpose fields. Capital Cost: $1,360,610 Justification: This facility will provide recreational opportunities for the Sherando Park service area and the entire Frederick County community. The development of this facility will reduce the needs gap between the number of existing passive recreational areas and the number required to meet the minimum standards established for the service area. Construction Schedule: Completion in FY 15 -16. PRIORITY 14 Skateboard Park - Sherando Park Description: This project recommends the development of a skateboard bowl; a half pipe; an open skate area; vehicle parking; an access road; fencing; and landscaping. Capital Cost: $513,089 Justification: This facility will enable the County to provide a recreational facility that has been identified in the County Comprehensive Plan for recreational facility development. Construction Schedule: Completion in FY 15 -16. PRIORITY 15 Tennis /Basketball Complex- Clearbrook Park Description: This project includes the development of four tennis courts; two basketball courts; a shelter; access paths; parking; and landscaping. Capital Cost: $526,355 Justification: These facilities will be available to all county residents. Currently, there are no tennis courts or basketball courts in the Clearbrook Park Service Area. Clearbrook Park is utilized by over 180,000 visitors annually; therefore, these facilities are needed. Construction Schedule: Completion in FY 16 -17. PRIORITY 16 33 Picnic Area- Sherando Park Description: This project includes a restroom /concession area; four picnic shelters; playground area; access paths; parking; and landscaping. Capital Cost: $804,243 Justification: These facilities would be used by the residents of Sherando Park service area. This area of the county is growing and is deficient in passive recreational opportunities. This development is needed to reduce the gap between the number of existing facilities and the minimum standards for the Sherando Park service area and southeastern Frederick County. Construction Schedule: Completion in FY 16 -17. PRIORITY 17 Shelter /Stage Seating- Clearbrook Park Description: This project includes the development of a shelter with a performance stage; refurbishing existing restrooms and access paths; and renovations to the lake. Capital Cost: $508,402 Justification: This facility would be used by the entire county population. Presently, there are no facilities to accommodate cultural programs within the county's park system. This project is needed to provide a facility for cultural activities. Construction Schedule: Completion in FY 16 -17. PRIORITY 18 Multi- Generational Community Center Description: The project involves building a 44,000 square foot facility that would contain an indoor track and at least two basketball courts. The court area would be designed to be used by indoor soccer, baseball, softball, wrestling, volleyball, tennis and badminton. The area could also be used for special events. Additionally, the project would house a fitness center, multi - purpose rooms, office, storage, and locker rooms. Capital Cost: $8,802,605 Justification: This facility would give the Parks and Recreation Department the ability to offer year round recreational programming to the residents of Frederick County. The department can no longer meet the programming and facility needs of the County residents. Construction Schedule: FY 16 -17. PRIORITY 19 Community Parks (5) Description: Acquisition of Parkland; 60 acres Capital Cost: $2,694,306 34 Justification: To reduce the gap between the amount of existing parkland and the amount of parkland needed to meet the minimum standard for our service area, as recommended by the Virginia Outdoors Plan. The project meets policy recommendations for the development of parks and recreation facilities, insuring that adequate and appropriate open space and recreational facilities are provided. Construction Schedule: FY 17 -18. PRIORITY 20 Neighborhood Parks (3) Description: Acquisition of Parkland; 20 acres Capital Cost: $447,928 Justification: To reduce the gap between the amount of existing parkland and the amount of parkland needed to meet the minimum standard for our service area, as recommended by the Virginia Outdoors Plan. The project meets policy recommendations for the development of parks and recreation facilities, insuring that adequate and appropriate open space and recreational facilities are provided. Construction Schedule: FY 17 -18. PRIORITY 21 District Parks (Northeast and Southwest) Description: Acquisition of Parkland; 200 acres Capital Cost: $7,858,238 Justification: To reduce the gap between the amount of existing parkland and the amount of parkland needed to meet the minimum standard for our service area, as recommended by the Virginia Outdoors Plan. The project meets policy recommendations for the development of parks and recreation facilities, insuring that adequate and appropriate open space and recreational facilities are provided. Construction Schedule: FY 17 -18. Handley Regional Library Project Priority List PRIORITY 1 Bowman Library Parking Lot and Sidewalk Extension Description: The parking lot addition is nearly completed. Phase 2, a sidewalk at Bowman Library, has been revised to reflect Frederick County's emphasis on complete streets. A 10- foot -wide, 640 - linear -foot shared use path will provide a safe means for people to reach Bowman Library by foot or bicycle from Lakeside Drive. Capital Cost: $42,880 35 Justification: In 2010/2011, 135,532 individuals entered the Bowman Library. The Library serves all age groups from very young children to senior citizens and provides recreational and education materials for them. The library is a favorite location for families to visit together and serves many children and adults when they are working on school assignments or self - improvement. The library supplies computer access for word processing and other office applications and for Internet usage. The Bowman Library has proved very popular with children and families. Children from the Lakeside Drive side of the Library often bicycle or walk to the library. If they bicycle, they ride on Tasker Road where the traffic often goes faster than the 45 mph speed limit. If they walk, they can walk across the field between the library and Lakeside Drive, and many children jump the drainage ditch, rather than walk to the corner where it is easy to get across. Mothers, who want to walk, complain they have to walk on Tasker Road, where there is no sidewalk, when they have children in strollers. There is a bicycle rack near the entrance to the library. Construction Schedule: Completion in FY13 -14 (3 -6 Months) PRIORITY 2 Northern Frederick County — Gainesboro Library Branch Description: Construction of a 7,000 to 10,000 sq.ft. branch library. Initial parking should be for at least 50 vehicles. The proposed location would be on Rt. 522 in the Gainesboro district, but this could change depending on patterns of library use and on whether donated land could be located. The acquisition of the land of 3 to 4 acres would be in fiscal year 2013 /2014. There is discussion of a possible reuse of the old Gainesboro School as a library branch, but this is a decision to be made by the Board of Supervisors after further study. Handley Regional Library currently has used furniture and shelving stockpiled at the old school with almost enough capacity (except for books and equipment) to open and run a library. It would be a mish mash of styles and colors but would be enough to function. If the Board of Supervisors decides the most cost - effective choice is to demolish the old school, the land could be a possible site for a new library building. Capital Cost: $2,279,575 Justification: This branch would serve citizens living in this growing area. In 2010- 2011 Frederick County citizens of all ages checked out 481,244 items. 38,321 Frederick County residents have library cards and averaged 63.1% of all materials checked out of the regional system. 2,743 Frederick County residents, adults and children, registered for library cards for the first time in 2000 -2011. Of Frederick County residents over five years of age (when you can get a library card), approximately 52% of the total have library cards. This population group is not close to a library in the regional system. The Library will provide materials and programming for patrons from toddlers to senior citizens. It will provide recreational and educational materials. It will be a prime source for homework help since it will be open nights and on weekends when school libraries are closed. The library will supply computer access for word processing and other office applications and for Internet usage. There will be a meeting room of 425 square feet in which area groups can meet. Construction Schedule: Completion in FY 15 -16 36 PRIORTTV 3 Frederick County Library Branch — Senseny /Greenwood Description: Construction of a 10,000 sq.ft. branch library with expansion possible to 15,000 square feet. Initial parking should be for a minimum of 35 vehicles. The proposed location is yet to be determined and is dependent on future development. The first step of the project would be the acquisition of the land of 5 to 8 acres. Capital Cost: TBD Justification: This branch would serve citizens living in this growing area. In 2010- 2011 Frederick County citizens of all ages checked out 481,244 items. 38,321 Frederick County residents have library cards and averaged 63.1% of all materials checked out of the regional system. 2,743 Frederick County residents, adults and children, registered for library cards for the first time in 2000 -2011. Of Frederick County residents over five years of age (when you can get a library card), approximately 52% of the total have library cards. This population group is not close to a library in the regional system. This area also lacks a community center that a library with meeting room could help fill this need. The Library will provide materials and programming for patrons from toddlers to senior citizens. It will provide recreational and educational materials. It will be a prime source for homework help since it will be open nights and on weekends when school libraries are closed. The library will supply computer access for word processing and other office applications and for Internet usage. There will be a meeting room of 425 square feet in which area groups can meet. Construction Schedule: TBD PRIORITY 4 Frederick County Library Branch- Route 522 South Description: Construction of a 7,000 sq.ft. branch library with expansion possible to 10,000 square feet. Initial parking should be for a minimum of 35 vehicles. The proposed location is yet to be determined and is dependent on future development. The first step of the project would be the acquisition of the land of 3 to 4 acres. Capital Cost: TBD Justification: This population group is not close to a library in the regional system. This area also lacks a community center that a library with meeting room could help fill this need. The Library will provide materials and programming for patrons from toddlers to senior citizens. It will provide recreational and educational materials. It will be a prime source for homework help since it will be open nights and on weekends when school libraries are closed. The library will supply computer access for word processing and other office applications and for Internet usage. There will be a meeting room of 425 square feet in which area groups can meet. Construction Schedule: TBD 37 Transportation Committee Project Priority List PRIORITY 1 Planning, Engineering, Right of Way and Construction Work for Route 37 Description: This project would be to continue work on the Eastern Route 37 extension. More specifically, to update the Environmental Impact Statement to the point of a new Record of Decision and to update the 1992 design plans to address the current alignment, engineering guidelines, and possible interchange improvements. In addition, this allows for advanced engineering, right of way purchase and construction. Capital Cost: $300,000,000 + Justification: This project moves the County closer to completion of a transportation improvement that would benefit the entire county and surrounding localities. Construction Schedule: TBD PRIORITY 2 Interstate 81, Exit 310 Improvements Description: Construct improvements to Exit 310 interchange. Capital Cost: $30,000,000 Justification: This is a regional transportation improvement that will address congestion in many areas of the County and address coming development to the surrounding areas. Construction Schedule: TBD PRIORITY 3 Interstate 81, Exit 307 Relocation Description: Construct a relocated Exit 307 interchange. Capital Cost: $60,000,000 Justification: This is a regional transportation improvement that will address congestion in many areas of the County and address coming development to the surrounding areas. Construction Schedule: TBD PRIORITY 4 East Tevis Street Extension Description: Construct a 4 -lane divided roadway beginning at Route 522 and going west approximately 0.2 miles to connect to the road network being constructed by the Russell 150 development. Capital Cost: $2,600,000 Justification: This is a regional transportation improvement that will address congestion in many areas of the County and address development to the surrounding area. The location is as identified by joint planning efforts between the county, VDOT, and the developer. Construction Schedule: TBD PRIORITY 5 Route 277 Widening and Safety Improvements Description: Construct a 4 -lane divided roadway beginning at I -81 and continuing to Sherando Park. Project would include realignment of Aylor Road to align with Stickley Drive. Capital Cost: $40,000,000 Justification: This is a regional transportation improvement that will address congestion in the Southern Frederick area and address development to the surrounding areas. Construction Schedule: 2013 -2017 PRIORITY 6 Warrior Drive Extension Description: Construct a 4 -lane divided roadway beginning at Route 277 where Warrior Drive intersects from the north and continuing that roadway south and west to intersect with I -81 at the location of the relocated Exit 307 interchange. Capital Cost: $23,200,000 Justification: This is a regional transportation improvement that will address congestion in the Southern Frederick area and address development to the surrounding areas. Construction Schedule: TBD PRIORITY 7 Charming Drive Extension Description: Construct a 4 -1ane divided roadway beginning at Senseny Road where Channing Drive intersects from the north and continuing that roadway south to intersect with Route 50 East at Independence Drive. Capital Cost: $20,600,000 Justification: This project has been identified in the Eastern Road Plan, and will address congestion in Eastern Frederick County and address development to the surrounding areas. Construction Schedule: TBD PRInRITV R Widening of Route 11 North to the West Virginia State Line Description: Improve Route 11 to a divided 4 and 6 -lane facility as detailed in the Eastern Road Plan. 39 Capital Cost: $47,800,000 Justification: This is a regional transportation improvement that will address congestion over a large area of the County and address development to the surrounding area. This project improves the safety for the traveling public by reducing congestion and improving the flow of traffic. Construction Schedule: TBD PRIORITY 9 Brucetown Road /Hopewell Road Alignment and Intersection Improvements Description: Realign Brucetown Road to meet Hopewell Road at Route 11. Improvements to this intersection will address comprehensive planned development's traffic generation in the area. Capital Cost: $3,000,000 Justification: This is a transportation improvement that will have significant impact on the Route 11 corridor. The location is identified by joint planning efforts between the county and VDOT. Construction Schedule: TBD PRIORITY 10 Senseny Road Widening Description: Widen Senseny Road to a 4 -lane divided roadway. This project is not dependent upon, but is being coordinated with the implementation of Route 37, Charming Drive, and development in the area. Capital Cost: $22,800,000 Justification: This is a transportation improvement that will have significant impact on Eastern Frederick County. This project is identified in the adopted Eastern Road Plan. Construction Schedule: TBD PRIORITY 11 Inverlee Way Description: Construct a 4 -lane divided roadway beginning at Senseny Road and going south to Route 50 East. This project is being planned in conjunction with improvements to Senseny Road and surrounding development. Capital Cost: $10,200,000 Justification: This is a regional transportation improvement that will address congestion and provide an additional needed link between Senseny Road and Route 50 East. Construction Schedule: TBD PRIORITY 12 Fox Drive .o Description: Add additional turning lane(s) to Fox Drive where it intersects with Route 522 North. Capital Cost: $250,000 Justification: This is a transportation improvement that will address congestion at this intersection. Construction Schedule: TBD PRIORITY 13 Renaissance Drive Description: Construct a connector road between Route 11 and Shady Elm Drive. Capital Cost: $2,000,000 Justification: This is a transportation improvement that will address congestion at key points along Route 11 and Apple Valley Dr. This project is identified in Secondary Road Improvements Plan. Construction Schedule: Phase I is under construction. PRIORITY 14 Senseny Road Bicycle and Pedestrian Improvements Description: This project will construct bicycle and pedestrian improvements along Senseny Road from Greenwood Road to the I -81 crossover. Capital Cost: $2,000,000 Justification: This project will improve pedestrian safety along a corridor surrounded by residential development and centered upon the Senseny Road Elementary School. Construction Schedule: N/A PRIORITY 15 Frederick County Eastern Road Plan Description: This project is intended to address all of the planned transportation improvements in the County Comprehensive Plan, Eastern Road Plan that are not noted individually above. Capital Cost: $2,000,000 Justification: This project prepares the county for future development by addressing the projects needed to support that development in a manner consistent with the Comprehensive Plan. Construction Schedule: N/A 41 Winchester Regional Airport Project Priority List PRIORITY 1 Maintenance Facility Description: Construction of a maintenance equipment and storage facility. Capital Cost: $550,000 Justification: This project is necessary to improve the conditions and the lead time required to access the equipment in case of an emergency. Construction Schedule: Completion in FY 13 -14 PRTORTTV I Taxiway (A) Relocation Description: The relocation of Taxiway (1) is part of the overall Airport upgrade to meet safety design standards for a Group III airport. This relocation will improve the serviceability and safety of the Airport in regards to ground operations for larger aircraft. Capital Cost: $14,284,210 Justification: The relocation of Taxiway (1) is necessary to increase the Airport's ability to accommodate larger aircraft. This project also will improve the serviceability of the Airport in regards to ground traffic. Construction Schedule: Completion in FY 13 -14 PRIORITY 3 Land Acquisition — Bufflick Road — Parcels 6413-A -51 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 49 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $275,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 17+ PRIORITY 4 Land Acquisition — Bufflick Road — Parcels 64B -A -40 42 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 49 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $175,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 17+ PRIORITY 5 Land Acquisition — Bufflick Road — Parcels 64 A 70 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 70 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $225,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 13 -14 PRIORITY 6 Land Acquisition — Bufflick Road — Parcels 64 A 71 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 71 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $225,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 13 -14 PuinuiTV 7 43 Land Acquisition — Bufflick Road — Parcels 64 A 69 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 69 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $235,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 13 -14 PRIORITY 8 Land Acquisition — Bufflick Road — Parcels 64 A 66 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 66 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $268,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 14 -15 PRIORITY 9 Land Acquisition — Bufflick Road — Parcels 64 A 67 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 67 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $268,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 14 -15 .. PRIORITY 10 Land Acquisition — Bufflick Road — Parcels 64 A 64 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 64 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $250,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 15 -16 PRIORITY 11 New General Aviation Terminal Construction Description: The Winchester Regional Airport proposes to construct a new general aviation terminal building. The new facility will be constructed in a new location slightly east of the existing terminal building. Capital Cost: $2,500,000 Justification: Since its opening in the early 1990s, the general aviation terminal building for the Winchester Regional Airport has had only limited interior work completed. Interior repairs are necessary due to extensive usage and some damage from water leaking from the roof prior to its replacement in the Spring of 2006 by necessity. The heating and cooling systems are approaching 25 years in age and are nearing the end of their useful life. The exterior of the terminal building is made from Drivet that has failed in many areas and is generally in fair to poor condition. In addition, the windows are not energy efficient and several of the window seals have failed. In 2008, a study was completed to examine needs and costs to renovate the existing terminal building. After review of the study, the WRAA determined it would be more economical to build a new energy efficient building slightly east of the existing terminal. The proposed location of the project will allow enough room to build out a new transient apron during the taxiway relocation project. Construction Schedule: Completion in FY 14 -15 PRIORITY 12 Expand Terminal Parking lot Description: Expand and rehabilitate the existing auto parking at the terminal building. Capital Cost: $650,000 Justification: Portions of the existing parking lot will be removed as part of the demolishing of the terminal building. Construction Schedule: Completion in FY 15 -16 45 PRIORITY 13 Land Acquisition — Bufflick Road — Parcels 64 A 63 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 63 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $250,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 15 -16 PRIORITY 14 Land Acquisition — Bufflick Road — Parcels 64 A 60 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 60 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $300,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 15 -16 PRIORITY 15 Land Acquisition — Bufflick Road — Parcels 64 A 59 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 59 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $300,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Ell Construction Schedule: Completion in FY 16 -17 PRIORITY 16 Land Acquisition — Bufflick Road — Parcels 64 A 52 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 52 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $300,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 16 -17 PRIORITY 17 Land Acquisition — Bufflick Road — Parcels 64 A 50 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 50 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $300,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 17+ PRIORITY 18 Land Acquisition — Bufflick Road — Parcels 64 A 49 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 49 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $250,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased 47 safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 17+ PRIORITY 19 Land Acquisition — Bufflick Road — Parcels 64 A 47 Description: The Winchester Regional Airport Authority proposes to acquire parcel 64 A 47 on Bufflick Road. This parcel is critical to airport development because a portion is located within or near the airport primary surfaces. Capital Cost: $300,000 Justification: Under the FAA part 77 Surface Requirements and the Code of Virginia 15.2, the airport is required to own fee simple property located within the primary surfaces. There are currently more than 120 based aircraft at the Winchester Regional Airport. The owners and passengers of these aircraft will have the benefit of increased safety on the airport once the parcels are acquired and vertical obstructions are minimized. Construction Schedule: Completion in FY 17+ PRIORITY 20 Fuel Storage Facility Description: Construction of a maintenance equipment and storage facility. Capital Cost: $1,000,000 Justification: This project is necessary to improve the conditions and the lead time required to access the equipment in case of an emergency. Construction Schedule: Completion in FY 13 -14 . County Administration Proiect Priority List PRIORITY 1 Albin Convenience Site Relocation Description: The relocation of the Albin citizens' convenience site to property located within the Sunnyside /Albin community is planned for the FY 14/15. Design work will be completed in FY 13/14. A fenced, two -acre site will be constructed along North Frederick Pike on county -owned property in close proximity to the existing site located on Indian Hollow Road, ideally on a portion of the current FCPS bus garage property. This project will require several months to complete and include fencing, earthwork, retaining wall, electric, equipment, lighting, paving and landscaping. Capital Cost: $374,850 Justification: During August of 2011 a total of 13,343 residents visited the Albin facility, according to a site survey. The refuse site serves a geographic area extending from Sunnyside and the Cedar Creek Grade westward to Gainesboro. The total number of vehicles using the site, an average of 513 a day, increased by 11 percent between 2008 and 2010. The latest figure represents another 24 percent increase over the previous year. Weekends are the busiest at Albin when up to 550 residents use the facility on Saturdays. As trash disposal and the resulting traffic continue to increase at the facility, the present infrastructure will be unable to safely handle the burden. During the holidays, the site requires two site attendants in order to move traffic as quickly as possible. However, lines still back out onto Indian Hollow Road, a hazard noted several times by the Sheriff's Office. For residents living between Cedar Creek Grade and Apple Pie Ridge, curbside pickup is expensive, prompting heavy utilization of the convenience center which attracts a mix of users from the suburbs and rural community. It is also becoming obviously that residents in the Gainesboro area are foregoing that facility in favor of the Albin location. Transient university students from the townhouse community also utilize the recycling facilities. Construction Schedule: Start in FY 14 -15 PRIORITY 2 Gore Refuse Site Relocation /Expansion Description: The project will expand refuse collection capacity in the Gore community by installing a surplus trash compactor. With the relocation of the Gainesboro and Albin sites and purchase of new equipment, there will be an available compactor. Installation of a compactor at Gore will drive down collection costs at the site where trash is now collected in 10 8 -yard boxes. In order to accomplish this, and account for improved traffic flow and the construction of necessary concrete walls, the site will be expanded onto an adjoining parcel owned by the county. Capital Cost: $225,350 Justification: This project would also provide much - needed capacity during heavy flow times such as weekends and holidays. All 10 containers now on site fill to capacity during Saturday afternoons and during the Sunday shift when up to 189 vehicles visit the .• facility. A 40 -yard roll -off is placed at the site during the Christmas holidays to provide for increased trash generation. An upgraded site would meet the future solid waste demands of a growing community. Construction Schedule: Start in FY 15 -16 PRIORITV I General Government Capital Expenditures Description: This new project consists of a revolving fund in the amount of $1,000,000 for the benefit of General Governmental Capital Expenditures. It is the intention of this capital expenditure fund to be for the purpose of purchasing capital equipment for governmental agencies and to allow for improvements to general governmental facilities_ Such expenditures may be less than the established $100,000 departmental threshold. It was determined that the inclusion of such a project would be beneficial in ensuring that this significant capital expense is identified in the County's capital planning and budget process. This project is for the benefit of the County Governmental Entities participating in the CIP but does not include individual Volunteer Fire and Rescue Companies. Capital Cost: $1,000,000 Justification: The inclusion of this capital expenditure fund for the purpose of purchasing capital equipment for governmental agencies and to allow for improvements to general governmental facilities will enable the County to meet the requirements of the Code of Virginia with regards to the collection and disbursement of cash proffers accepted on behalf of the governmental entities. Construction Schedule: N/A 50 Fire & Rescue Proiect Priority List PRIORITY 1 Fire & Rescue Station #22 / Annex Facilities (Route 277) Description: Construct a two bay Fire and Rescue Station with satellite Sheriff's office and County office space for treasure, commissioner of the revenue, and BOS office with meeting room. The station will be located in the area of Fairfax Pike, White Oak Road, and Tasker Road to provide service for the heavy growth area east of Stephens City. An approximate three -acre site will be needed to accommodate this facility. The fire station will be approximately a 10,000 sq ft facility to house an engine and ambulance. Those who would occupy the facility will determine the size of the satellite offices. This facility is specifically identified in the Route 277 Triangle and Urban Center Land Use Plan approved in 2008. Capital Cost: $3,400,000 Justification: The development of satellite offices along major transportation networks and in areas of dense population will provide ease of access for citizens and will improve services to the county. This facility would facilitate the implement the Route 277 Triangle and Urban Center Land Use Plan approved in 2008. Nearby development is scheduled to be an active adult resort gated community with age restrictions on 80% of the homes above 55 and the other 20% above 45. The developer's master plan will allow for 2130 individual dwelling units using a mix of housing types. Construction Schedule: Completion in FY 14 -15 PRIORITY 2 Fire & Rescue Station #22 / Apparatus (Route 277) Description: Purchase one (1) custom pumper equipped and one (1) custom Type I Advanced Life Support (A.L.S.) capable ambulance equipped to be assigned to Fire and Rescue Station 22. Capital Cost: $905,000 Justification: This fire and rescue apparatus will be assigned to Fire and Rescue Station 22 located on Fairfax Pike East in the Stephens City area of Frederick County. The pumper will be built to NF.P.A. 1901 specifications and equipped with all of the required and necessary equipment to function as a Class A Pumper. The ambulance will be built to the Federal KKK- A -1822E specifications and equipped with all of the required and necessary equipment to function as an Advanced Life Support ambulance. This fire and rescue apparatus is needed due to the fact that the Fire and Rescue Department currently owns one (1) pumper and one (1) ladder truck that are twenty (20) plus years of age and already assigned to other functions. The currently owned fire and rescue apparatus would not endure the demands placed on it while being assigned to a high call volume. Construction Schedule: Completion in FY 14 -15 51 PRIORITY 3 Fire & Rescue Station #23 / New Facility (Crosspointe) Description: This project consists of a 10,000 square foot fire station to accommodate 4 pieces of emergency equipment, and to house living and sleeping areas for staff. This project could also include satellite offices for the Frederick County Sheriff's Office, Treasurers Office, and Commissioner of Revenue as well as a meeting room for County Supervisor meetings with their constituents with an additional 2000 square feet of building area. A two and 1 /2 acre parcel should be sufficient for building, parking and amenities for approximately 20 to 30 persons. The project is located at Crosspointe Center at the end of current Rt.37 South, an area of proposed high density residential development, and commercial development. Capital Cost: $3,700,000 Justification: The proposed location at the South end of Route 37 provides for quick and easy access to Interstate 81 North and South at the 310 Exit. Access and response on Rt. 37 will be greatly enhanced from I81 to Route 50 West in the Northbound Lane. Currently Stephens City and Round Hill Volunteer Fire and Rescue Company's serve the area. This location also provides easy access to Rt. 1 l and the Kernstown area along with access to Middle Road and Subdivisions of Brookneil, Stonebrook, and Jacksons Woods. These subdivisions have large single family homes in an area of Frederick County outside of the UDA. Water supplies are scarce in these areas and a rapid response from this proposed facility will likely reduce property damage from fire and response times for Medical Emergencies. Major collector roads such as Tasker Road and Warrior Drive along with the proposed extension of Rt. 37 and new roadways in the development will provide quick access to additional homes and businesses in areas including Front Royal Pike, Papermill Road. These roadway construction efforts will provide for an increased level of quality emergency service to the citizens in this entire area. Construction Schedule: To be determined. purnuiTV a Fire & Rescue Regional Training Center Description: Construct a Regional Public Safety Training Center potentially consisting of an administrative building, multi -story burn building, multi -story training tower, vehicle driving range, shooting range, and numerous other training props. This project will incorporate emergency medical services, fire, hazardous materials, rescue, law enforcement, industrial, and educational institutions located in Clarke County, Frederick County, Shenandoah County, Warren County, Winchester City, State Agencies, Federal Agencies, and potentially jurisdictions within the State of West Virginia. Capital Cost: $31,175,000 Justification: This project will facilitate realistic training in today's modern environment for emergency services and industrial personnel located throughout the Northern Shenandoah Valley and expanding into the State of West Virginia. This project will reinforce existing training programs in those respective agencies and jurisdictions as well as facilitate training that is currently not available within the Northern Shenandoah 52 Valley which causes students and instructors to travel into the Washington Metropolitan region. The number of potential personnel being trained at this Training Center is potentially in the thousands based upon training statistics provided in July 2007 by the participating agencies. Construction Schedule: Completion in FY 17 -18 PRIORTTV 5 Fire and Rescue Station ( #24) Relocation Description: Construct a three (3) bay fire and rescue station with satellite County Offices. This station is intended to be located on or near Redland Road in the area of Lake Holiday either at a site provided by Lake Holiday or other tract in the vicinity. An approximate three to four acre site is necessary for a 10,000 square foot facility, to house a fire engine, and ambulance and rescue boat. Capital Cost: $3,750,000 Justification: The Lake Holiday Development is scheduled to have a final build -out of 2800 single family homes. Construction Schedule: To be determined PRIORITY 6 Round Hill Fire and Rescue Station ( #15) Relocation Description: The new station RHCFRC plans to build will be a 17,801 sf, fully NFPA- compliant, single - story, pre- engineered structure with 4 double drive -thm bays and 14' clearances. The bays will take up 5,340 sf and include a turnout gear alcove for 50 lockers, laundry room, tool shop and store rooms. The bays will be able to accommodate modern -sized apparatus, including a ladder truck, and will give the company ample room for future expansion. The drive -thru design will reduce the possibility of backing accidents, as well as ease the flow of apparatus into and out of the station. The bays will be equipped with spot drains for each vehicle to minimize slip- and -fall accidents. In 2006, a site inventory by Stewart Cooper Newell Architects identified more than 10 features of RHCFRC's station not in compliance with NFPA standards. Perhaps the most serious is the lack of proper separation between sleeping and vehicles spaces. The men's bunkroom door opens directly into the bays. Combined with inadequate hazardous exhaust controls, this creates serious safety concerns for those sleeping inside. This facility will also be able to accommodate living and sleeping quarters. A community center is also planned with this project and will be approximately 10,000 sq. ft. accommodating 400 persons for holding fundraising events. The entire project will be relocated to an area of 3 to 5 acres. Capital Cost: $4,281,696 Justification: The operational section of RHCFRC's present station is a brick -and -block structure of approximately 2,277 square feet built in 1954. A wing of pre- engineered and block construction was added in 1981 to increase office and public space. Today, the station is no longer adequate to house the company's 30 firefighters and 8 vehicles in a safe and efficient manner. The operating space is unsafe and cramped, and limits the 53 services that can be provided to a growing community. First due population for the 2000 censes was 8,089. The continued growth in the area has brought additional commercial development (Walmart, hotels, and planned development by the hospital, shopping and restaurants). The area includes a high school and elementary school. Construction Schedule: To be determined PRIORTTV 7 Clear Brook Fire and Rescue Station ( #13) Relocation Description: A new facility is proposed to be built on our current property, take down the current building and extend our parking. The building is to be six (6) drive through bays, administration, eating and sleeping facilities along with a dining hall. The estimated size of the structure is to be approximately 28,000 square feet. Capital Cost: $4,396,000 Justification: At the current time we have outgrown our facility and with the equipment that we have to provide the service to our community for property and health protection and with the staffing needs and fund raising operations our current facility is in need of upgrading /updating. Construction Schedule: To be determined Fire & Rescue Company Capital Project Requests Capital Equipment Fire & Rescue — Vehicles & Equipment Description: This new project consists of a revolving fund in the amount of $1,000,000 for the benefit of Fire and Rescue Services. It is the intention of this capital expenditure fund to be for the purpose of purchasing additional and replacement capital equipment fire and rescue vehicles and equipment. It was determined that the inclusion of such a project would be beneficial in ensuring that this significant capital expense is identified in the County's capital planning and budget process. This project is primarily for the benefit of the individual Volunteer Fire and Rescue Companies. Capital Cost: $1,000,000 Justification: The inclusion of this capital expenditure fund for the purpose of purchasing additional and replacement capital equipment fire and rescue vehicles and equipment will enable the County to meet the requirements of the Code of Virginia with regards to the collection and disbursement of cash proffers accepted on behalf of the fire and rescue companies. Construction Schedule: N/A 54 The following requests have been added to the CIP in no particular order: Individual Fire & Rescue Company Capital Equipment Requests. Greenwood Vol. Fire & Rescue Company Ambulance Replacement Project Project Cost: $150,000 Greenwood Vol. Fire & Rescue Company Apparatus ventilation system project Project Cost: $100,000 North Mountain Vol. Fire & Rescue Company Building Expansion Project Cost: $314,766 55 COUNTY of FREDERICK Department of Planning and Development y� 7 540/665 -5651 MEMO M FAX: 540/665 -6395 To: Frederick County Board of Supen•isors From: Candice F. Perkins, AICP, Senior Planner Subject: Discussion — Revisions to the RP (Residential Performance) Zoning District Date: December 4, 2012 In an effort to update the Residential Performance (RP) Zoning District to ensure that the requirements are: (1) easier to understand (format), (2) provide additional flexibility and housing options, (3) is up -to -date with the current needs of the community, and (4) is in conformance with the 2030 Comprehensive Plan, staff is proposing a number of changes. The proposed Zoning Ordinance changes are to Part 402, which is the RP Zoning District, Part 203, which contains the landscaping and buffering requirements and Parts 101 and 102, which contain definitions and supplementary use regulations. Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments. Attached is a resolution directing the item to public hearing should the Board deem it appropriate. A summary of the primary changes are as follows: Proposed Chan es to Part 402 - Residential Performance RP Zoning District (Introduction and District Regulations) • District Intent Revisions to the district intent to be in conformance with the goals of the Comprehensive Plan. • Permitted and Conditional Uses Minor revisions to the permitted and conditional uses in the RP District to update the language and add public buildings as a permitted use and museums as a conditional use. • Density and Multifamily Ilousin . Revisions to the gross density and multifamily housing requirements. This relocates the density from certain permitted housing types located throughout Part 402 and centralizes them in one table, and shows the maximum percentage of multifamily housing in the same table. Revisions also include eliminating the multifamily percentage cap for apartments. The maximum density by acreage has been increased. • Open Space. Revision to the open space requirement for single family detached traditional housing types, increase in the open space required. for development with a mixture of housing types, and addition of an open space percentage for non residential uses. Revisions to the waiver provision that allows for the addition of recreational facilities in lieu of open space acreage. Revision to the recreational facility requirements as requested by the Parks and Recreation Department. 107 North Kent Street, Suite 202 . Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors RE: RP District December 4, 2012 Page 2 Building Height. Addition of a maximum height for structures not currently listed under the individual district requirements. Proposed Changes to Part 402 - Residential Performance RP Zoning District (Dimensional Requirements for Housing Types) • Addition of minimum setbacks for unroofed decks stoops, landings, and similar features for all types. Staff has seen a number of residential structures that are , ll constructed to the edge of building restriction lines (the structure takes up the entire building envelope) and this precludes the construction of a deck or other similar feature. This additional setback would allow additional area for the construction of these features. • New Format for the Dimensional Requirement for Housing; Types. The dimensional requirements are proposed to be shown in a constant table format that is easier to read than the numbered lists currently shown. • Revisions to the requirements for sin le family detached cluster and small lot housing types: • Single Family Detached Cluster Changes — Elimination of the additional open space requirement for this housing type due to the fact that this housing type already has a higher open space requirement (25% minimum). Reduced front, side and rear setbacks are also proposed. • Single Family Small Lot -- Addition of a reduced front setback for this housing type when utilizing an alley. • Elimination of Housing; Types. Proposed elimination of the atrium house, duplex and weak -link townhouse housing types. Atrium house and weak -link have never been utilized since they were originally added to the Zoning Ordinance, and the duplex option is repetitive because it can be accomplished under the single family small lot housing type. • Revisions to the requirements for townhouses: • Addition of a ba ._„_ ck -to -back townhouse option under the townhouse housing type. • New minimum lot area. • Addition of a side and rear setback and elimination of the perimeter setbacks. • Different setbacks for units with or without garages. • Increase in the maximum building height from 35 feet to 40 feet. Revisions to the requirements for garden apartments: o New description of the housing type. Elimination that the structure share a common outside access to allow for the construction of a stacked flat type unit. o Revised building spacing requirements. o Increased building height -- 40 feet to 55 feet to allow for the construction of a maximum of four stories. Addition o a multifamily residential _ _ building. Proposed new multifamily (apartment) housing type that would only be permitted within areas designated by the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high density residential. Proposed Changes to _art 20,3 - Buffers and Landscaping ,,,,,,,,,,, • Types of landscaping Revisions to include new plant types, removal of certain plants and/or elimination of plants for specific landscaping uses. Frederick County Board of Supervisors RE: RP District December 4, 2012 Page 3 • Planting Procedure. Provisions for the planting procedures and requirements for landscaping. • Residential Separation . Buffers . Complete revision to the required separation buffers between various housing types. This revision includes the elimination of internal separation buffers (for different housing types contained within the same development), as well as revisions to simplify the requirements and make them easier to understand by putting them in a table format. ® Road Revisions to the road efficiency buffer requirements to show the same buffer requirements that are required throughout the ordinance (full screen, landscape screen). There is also a proposed addition to allow existing vegetation to be utilized for road efficiency buffers. pp a Proposed antes to Part 101 and 201 — Definitions itions and Su lementl Use Regulations • Definition of Building Hei ht. Revised definition that is more consistent with how staff currently measures the height of a building. • Definition _o ulti,family Dwelling. Revised definition for dwelling, multifamily. , • Setback Requirements. Revision to the extensions into setback yards to remove balconies, porches, stoops and decks as an extension because these were added into the individual housing types (setbacks for unroofed decks, stoops, landings, and similar features). Removal of weak -link townhouses from this provision. These changes were presented to the Development Review and Regulations Committee (DRRC) at their meetings on January 26, 2012 and March 22, 2012. The DRRC recommended a number of changes that have been incorporated into the proposed revision. With those changes, the DRRC recommended that this item be forwarded to the Planning Commission and Board of Supervisors for further review. These items were then presented to the Planning Commission and the Board of Supervisors at a joint work session on May 10, 2012. At the work session, the reasoning behind the proposed changes was discussed; however, the content was not and the Board of Supervisors directed staff to take the amendments to the Planning Commission for further discussion. The Planning Commission discussed these proposed changes on June 6, 2012; the Commission had no changes and forwarded the items to the Board of Supervisors for Discussion. The changes were presented to the Board of Supervisors at a regular meeting on July 25, 2012. At the meeting, the Board of Supervisors requested more time to review the proposed changes and it was recommended that the item be scheduled for another work session. The changes were presented to the Planning Commission and the Board of Supervisors at a work session on November 14, 2012, and at the meeting the Board requested copies of staff s presentation. On November 16, 2012 a memo from Eric Lawrence, the PowerPoint presentation from the work session and additional copies of the proposed changes were emailed to the Board of Supervisors. Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments. Attached is a resolution directing the item to public hearing should the Board deem it appropriate. Please contact staff if you need additional copies of the revised text. Attachments: 1. Resolution CEP/bad Action: BOARD OF SUPERVISORS: December 12, 2012 ❑ APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT 165 - 402.01 INTENT, 165 - 402.02 PERMITTED USES, 165 - 402.03 CONDITIONAL USES, 165- 402.04 NUMBER OF USES RESTRICTED, 165- 402.05 GROSS DENSITY, 165- 402.06 MULTIFAMILY HOUSING, 165- 402.07 OPEN SPACE REQUIREMENTS, 165 - 402.08 RECREATION FACILITIES, 165- 402.09 DIMENSIONAL REQUIREMENTS, 165 - 402.10 PHASED DEVELOPMENT. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS AND REGULATIONS FOR SPECIFIC USES PART 203 BUFFERS AND LANDSCAPING 165 - 203.01 LANDSCAPING REQUIREMENTS, 165 - 203.02 BUFFER AND SCREENING REQUIREMENTS. PART 201 SUPPLEMENTARY USE REGULATIONS 165- 201.02 SETBACK REQUIREMENTS. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS 165 - 101.02 DEFINITIONS AND WORD USAGE. WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, concerning revisions to the RP (Residential Performance) Zoning District. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended, on March 22, 2012, this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission and the Board of Supervisors were presented with the proposed changes at a joint work session on May 10, 2012; and WHEREAS, the Board of Supervisors discussed the proposed changes on July 25, 2012; and WHEREAS, the Planning Commission and the Board of Supervisors were presented with the proposed changes at a joint work session on November 14, 2012; and WHEREAS, the Board of Supervisors discussed the proposed changes on December 12, 2012; and 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 concerning revisions to the RP Zoning District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to the RP (Residential Performance) Zoning District as set forth in the heading of this Resolution. Passed this 12 day of December, 2012 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Ross P. Spicer Gene E. Fisher Christopher E. Collins Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development M r�/� 5601665 -5651 M l� dJ EMO M FAX: 540/665-6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Subject: Discussion --- Private Streets in the R5 Zoning District Date: December 6, 2012 Staff has received a request to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) Zoning District. Currently, the use of private streets in the R5 District is only permitted within age - restricted communities and only if approved by the Board of Supervisors. The age- restricted private street allowance was added into the R5 Zoning District in 2000, along with a number of other revisions that were requested by Dogwood Development Group (prior owner of the Shenandoah Development (Wheatlands)). Prior to the adoption of the age - restricted private street allowance, the use of public streets was mandatory for all new developments in the R5, This amendment proposes to allow the use of private streets within all developments in the R5 District, but would still require Board of Supervisors approval. It should be noted that this text amendment has the potential to modify communities previously approved (not proffered) as age - restricted and could introduce dwelling units that accommodate all ages and, therefore, the impacts on the County's school system should be considered with this amendment. Staff has attached a draft ordinance revision that includes the amendments requested by the applicant along with additional text amendments that pertain to the expanded use of private streets within the R5 District. This item was discussed by the DRRC at their October 2012 meeting; the DRRC had minor changes to the proposed text. The changes were emailed to the DRRC and they endorsed the revised text and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 4, 2012; there were no comments and the item was forwarded to the Board of Supervisors for consideration. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution CEP /bad 107 North Dent Street, Suite 202 ® Winchester, Virginia 22601 -5000 ATTACHMENT 1 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 502 — R5 Residential Recreational Community District § 165 - 502.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Wher age restric -ted When communities are approved with private streets, a minimum of 45% of open space shall be required. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qua as ^^ age r^r' +Y ;^ +^PJ eemmuRity, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that all road sections meet the minimum thickness based on the Virginia Department of Transportation pavement design standards and all storm sewer, signage, guardrails, and any other accessory features shall be designed following the VDOT Manual of Road and Bridge Standards Street ^ ^f^..,., +^ the ^ ^� +�„ ^ +; ^^ ^ + ^� ^^ ,,.,-, +^�; ^'� of the Vi giRia DepaFtmeR+ ef and that a program for the perpetual maintenance of all streets by the property owner's association is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets sh all permitted 1 ^ age FestFiete ^^pl shall be identified on a MDP as follows: [1] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right -of -way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right -of -way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right -of -way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at ATTACHMENT 1 the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right -of -way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. (b) Developments utilizing private streets shall meet the following conditions: ( 11 The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and VDOT have no, and will have no, responsibility for the maintenance, repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association ". (21 The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development. The reserve fund shall consist of a minimum of ten percent of all dues collected from the residents. The percentage may be reduced by the developer or the property owner's association only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. 131 Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets. (2) Within R -5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. ATTACHMENT 1 (3) Within developments utilizing private streets, a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials used, the adequacy of the subgrade; the installation of drainage structures, curb and gutter and all concrete items; and all road, driveway and parking area construction activities, including material compaction, grading tolerances and compliance with the plans and specifications. Prior to issuance of the last certificate of occupancy, the certified professional engineer, licensed in the State of Virginia, shall provide the county with certification that each phase of construction met density requirements; that all material depths were verified for compliance, and that the road and parking areas have been constructed in strict accordance with the plans and specifications. L. Curb and gutter. All public and private streets shall be provided with curb and gutter. Action: BOARD OF SUPERVISORS: December 12, 2012 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 502 R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT 165 - 502.05 DESIGN REQUIREMENTS WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission was presented with the proposed changes at their regularly scheduled meeting on December 5, 2012; and 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 to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. Passed this 12th day of December, 2012 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Ross P. Spicer Gene E. Fisher Bill M. Ewing Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development y�� T T 5441665 -5651 MEMORA FAX: 540 /665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner ';� Subject: Discussion Setback requirements for accessory structures in the RA (Rural Areas) District Date: December 3, 2012 Staff has received a request to include a setback exemption for accessory structures in the RA (Rural Areas) District if it is the first structure to be constructed on a property. Typically, in the RA District, the dwelling would be the primary structure and the accessory structure would have lesser setbacks (15 feet on the side and rear) than the dwelling. However, under the current ordinance, if a structure other than a dwelling is constructed on the property first, it would be considered the primary structure and be subject to the primary setbacks (50 -100 feet on the side and rear). This proposed amendment would allow the construction of one non - habitable accessory structure with the lesser setbacks, prior to the construction of the principal structure. This accessory structure could not contain any residential uses prior to the construction of the primary use (apartment, etc.), and could not exceed 650 square feet in size. This item was discussed by the DRRC at their February 2012 meeting and then emailed to the Development Review and Regulations Committee (DRRC) on April 4, 2012. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their May 16, 2012 meeting. The Commission agreed with the proposed change and recommended that the amendment be forwarded to the Board of Supervisors for review. This item was discussed by the Board of Supervisors on June 13, 2013. During the discussion, it was stated that consideration should be given to adjoining properties which the amendment could impact, that there was potential to abuse the exemption, and that the 500 square foot limitation which was originally proposed should be increased. Ultimately at that meeting, the Board of Supervisors felt that this item should not go forward for public hearing. This item was brought back before the Board of Supervisors at a work session on November 14, 2012 and the Board felt that the structure size should be increased and that the item should be scheduled for further discussion. The attached documents show the existing ordinance with the proposed changes. This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and stFikel#reu# for deletions. 2. Resolution CEP/bad 107 North Rent Street, Suite 202 • Winchester, Virginia 22601 -5000 ATTACHMENT 1 PC Discussed: 5/16/2012 BOS Discussed: 6/13/2012 Work Session: 11/14/2012 Chapter 165- Zoning ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District § 165- 401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five -acre lot or any side or rear property line of a rural preservation lot. 1. One non-habitable structure that meets the minimum setbacks for an r accesso use may be located on a lot prior to the construction o , .,..._,.,_,.,..,..._.,._ a principal structure. This accessorV structure shall not be permitted to contain any residential uses prior to the construction of the primarV structure on the lot and shall be a maximum OL 650 square Leet in size. Action: BOARD OF SUPERVISORS: December 12, 2012 ❑ APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV, AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165- 401.07 SETBACK REQUIREMENTS WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, concerning inclusion of a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on April 4, 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on May 1.6, 2012 and recommended that a public hearing be held; and 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 concerning inclusion of a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to Chapter 165, Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165-401-.07 Setback Requirements. Passed this 12th day of December, 2012 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Ross P. Spicer Gene E. Fisher Bill M. Ewing Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator