The URL can be used to link to this page

January_09_2013_Agenda_Packet41G� � CSC' ,�� w �' w ,,a��, �»� AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2013 7:15 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:15 P.M. — Closed Session: There will be a Closed Session with the Frederick County School Board in Accordance with the Code of Virginia, 1950, as Amended, Section 2.2 -3711, Subsection A, (3), to Discuss Acquisition of Real Property for Projects Approved on the Frederick County Public Schools' Approved Capital Improvements Plan. 7:15 P.M. — Regular Meeting -Call To Order Invocation Pledge of Allegiance Organization of the Board of Supervisors for 2013: Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to Organize Its Functions at Its First Meeting in January Including: A. Election of Vice - Chairman B. Adoption of Rules of Procedure C. Selection of a Parliamentarian D. Selection of Time and Place for Regular Meetings E. Chairman's Board /Committee Assignments. Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2013 PAGE 2 Consent Agenda: (Tentative Agenda Items for Consent are Tabs: B, G, H, I, J, and L) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes: (See Attached)------------------------------------------------------------------------- - - - - -- A 1. Work Session, December 12, 2012. 2. Regular Meeting, December 12, 2012. County Officials: 1. Resolution of Appreciation to Chief Henry A. Shiley, Company 12, Middletown Volunteer Fire and Rescue Company. (See Attached)----- - - - - -- B 2. Committee Appointments. (See Attached) -- -C 3. Resolution Authorizing the County Attorney to File a Petition for Writ of Election to Fill Vacancy in the Office of Gainesboro District Representative to the Board of Supervisors. (See Attached) ------------- - - - - -- D 4. Resolution Authorizing the County Attorney to File a Petition for Writ of Election to Fill Vacancy in the Office of Commonwealth's Attorney. (See Attached) ------------------------------------------------------------------------- - - - - -- E 5. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- F Committee Reports: 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- G 2. Landfill Oversight Committee. (See Attached)-------------------------------- - - - - -- H 3. Public Works Committee. (See Attached)-------------------------------------- - - - - -- 4. Joint Finance Committee . (See Attached) ------------------------------------- - - - - -- J AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2013 PAGE 3 5. Finance Committee. (See Attached) -- 6. Transportation Committee. (See Attached) Public Hearing: 1. Ordinance to Amend the Frederick County Code, Chapter 155, Taxation as Follows: Article I, General Provisions Sections 155 -3 Tax Returns; failure to file, 155 -6 Interest on Delinquent Taxes Article XIV Transient Occupancy Tax Sections 155 -58 Failure to Collect or Remit Tax, 155 -59 Preservation of Records; Examination, 155 -61 Enforcement Article XVI General Business License Provisions Sections 155 -68 Overriding Conflicting Ordinances, 155 -73 License Requirement, 155 -76 License Application, 155 -86 Transfer of License, 155 -88 Assessment of Omitted License Taxes, 155 -93 Enforcement Article XVII Classified Business and Occupational License Provisions Sections 155 -95 Minimum Tax on Classified Business and Occupations Article XVIII Special License Provisions Sections 155 -96 License Fee and Tax, 155 -98 Carnivals, Circuses and Trained Animal Shows, 155 -100 Itinerant and Distressed Merchandise Vendors, 155 -101 Junk and Secondhand Dealers, 155 -102 Pawnbrokers, 155 -111 Precious Metals Dealers, 155 -112 Flea Markets Article XIX Meals Tax Sections 155 -123 Failure to Collect or Remit Tax, 155 -129 Enforcement. -- L AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2013 PAGE 4 The Purpose of these Proposed Amendments is to Amend the Filing and Other Requirements for Certain Taxes, to Eliminate Interest on the Machinery and Tools Tax, to Amend the Enforcement Provisions for the Transient Occupancy Tax and the Meals Tax, and to Make Clarifying Amendments to the Provisions Concerning the Business License Tax. (See Attached) ------------------------------------------------------------------------- - - - - -- M Planning Commission Business: Public Hearing: Ordinance to Amend the Frederick County Code, Chapter 165 Zoning; Article IV Agricultural and Residential Districts; Part 401 RA Rural Areas District; Section 165 - 401.07 Setback Requirements — Proposed Revision to Include a Setback Exemption for Accessory Structures in the RA District if it is the First Structure to be Constructed on a Property. (See Attached) ------------------------------------------------------------------------- - - - - -- N Other Planning Items: 1. Rezoning Application #08 -12 — Eastgate Commercial - Proffer Revision. (See Attached) ------------------------------------------------------------------------- - - - - -- O 2. Master Development Plan #06 -12 — Snowden Bridge - Revision and Addition. (See Attached)------------------------------------------------------------ - - - - -- P 3. Resolution Directing Comprehensive Policy Plan Amendment (CPPA) Study of the Light Property in the Stonewall Magisterial District. (See Attached) ------------------------------------------------------------------------- - - - - -- Q 4. Discussion — Proposed Revisions to the Master Development Plan Review and Submission Requirements. (See Attached )------------------- - - - - -- R 5. Discussion —Tall Grass in Commercial and Industrial Zoning Districts (Chapter 122 - Nuisances). (See Attached) ------------------------------------- - - - - -- S 6. Discussion — RA (Rural Areas) District Setback Waiver Removal. (See Attached) ------------------------------------------------------------------------- - - - - -- T Board Liaison Reports (If Any) AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 9, 2013 PAGE 5 Citizen Comments Board of Supervisors Comments Adjourn Frederick County School Board and Board of Supervisors Joint Meeting County Administration Building, Board Room 107 N. Kent Street Winchester, VA 22601 January 9, 2013 6:15 p.m. AGENDA Call to Order IL Approval of the Agenda III. Closed Session • Property IV. Adjournment FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES C:I��7�ty�►XYC�7►1 Decembew 12, 2012 A Work Session of the Frederick County Board of Supervisors was held on Wednesday, December 12, 2012 at 5:00 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; and Ross P. Spicer ABSENT Gary A. Lofton OTHERS PRESENT; John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Rod Williams, County Attorney; Eric Lawrence, Director of Planning &Development; John Bishop, Deputy Director of Planning- Transportation; Mark Cheran, Zoning Administrator; Harvey E. Strawsnyder, Jr., Director of Public Works; and Public Works Committee members Jim Wilson and Whit Wagner. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code §2.2 -3711 A (1) to discuss personnel matters, specifically, updates to the County Administrator's employment agreement. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye 1 Christopher E, Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board came out of closed session and reconvened in Regular Session. 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 Absent Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only personnel matters, pursuant to Virginia Code §2,2 -3711 A (1 }personnel matters, specifically, updates to the county administrator's employment agreement. 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 Absent UPDATES TO THE COUNTY ADMINISTRATOR "S EMPLOYMENT AGREEMENT - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the county administrator's employment agreement, as amended. E 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 Absent RECESS The Board recessed until 5:30 p.m. BOARD OF SUPERVISORS WORK SESSION Chairman Shickle convened the work session. PRESENTATION BY TED MCCORMACK OF THE VIRGINIA ASSOCIATION OF COUNTIES ACO REGARDING STATUS OF RURAL ROADS IN PARTICULAR, THE POTENTIAL FOR DEVOLUTION County Administrator John R. Riley, Jr. advised the Public Works Committee discussed the status of private roads within Frederick County. The committee felt additional information was needed before their discussions could continue, so they decided it would be prudent to have Mr. Ted McCormack with the Virginia Association of Counties come to a work session to address the topic of private roads and the potential for devolution. Mr. McCormack discussed secondary road devolution, He noted that devolution was the process by which the Commonwealth of Virginia returns responsibility far the secondary road system to the counties. He went on to say Virginia is one of only four states where the Department of Transportation is responsible far mast roads. Mr. McCormack advised the reason devolution could occur is due to a decline in State revenues for highways, including construction and maintenance. He noted in FY2011 $410 million or 14% of VDOT's total budget of $3.3 billion. He then reviewed the history of the development of the devolution policy. It was noted in 2011 the Governor's budget for the FY 2012 -2014 biennium required the Secretary of Transportation to study and make recommendations on the devolution of secondary roads to counties with populations exceeding 200,000 (Fairfax, Loudoun, Prince William, and Chesterfield Counties). Mr. McCormack cited a George Mason University study which stated Virginia's secondary roads are currently in poor condition. It also noted that devolution would require counties to use general funds to build and maintain their secondary roads. The George Mason study noted there were some benefits of devolution to counties. They included: - Significant opportunity to integrate decision making over transportation and land use. - Improve development outcomes in terms of quality and timeliness. - Improved responsiveness and accountability. - Increased flexibility in establishing priorities and standards. He noted the over arching concern for counties, should devolution occur, is "counties would become responsible for the construction and maintenance of a badly deteriorated road network without sufficient revenue sources to do the job." Mr. McCormack concluded by saying "VACo opposes any legislation or regulations that would require the transfer of responsibility to counties for construction, maintenance, or operation of new and existing roads." Supervisor Spicer asked where Richmond was procedurally in getting this done. Mr. McCormack responded that legislation would be required. He noted the Governor would not pursue devolution this year. Deputy Director of Planning- Transportation Sohn Bishop gave a brief inventory of roads within Frederick County. He noted there were: - 232.'79 miles of Interstate/Primary Roads. 4 tax. 655.62 miles of Secondary Roads, which could be passed on to the County should devolution occur. 471.2 miles of private roads. Supervisor Spicer asked if calls for devolution would go down with an increase in the gas Mr. McCormack responded, "Going out on a limb, l would say yes." Administrator Riley asked if there was more study needed at the Public Works level, Chairman Shickle stated lae was content with the Public Works Committee keeping this issue alive. There being no further business, the work session adjourned at 6;15 p.m. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING December 12, 2012 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, December 12, 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; and Ross P. Spicer agenda. ABSENT Gary A. Lofton CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Phil Roby, Amazing Grace Fellowship Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no changes or additions to the 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 Absent CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Public Safety Committee Report —Tab H; - Technology Committee Report —Tab I; and - Transportation Committee Report —Tab J. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, 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 Absent CITIZEN COMMENTS Jay Marts, Gainesboro District, noted this was Supervisor Spicer's last board meeting and he thanked him for his representation of the Gainesboro District. He then noted the number one priority for Frederick County Public Schools is employee pay increases and more employees. He stated the same was true for Fire and Rescue, He asked how much is enough and is there a top on the amount of government we need. He asked the Board to reduce the tax rate to $O.SGS and advised that he had sent the Board petitions with a number of signatures asking that the rates be reduced. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the minutes from the Navernber 14, 2012 work session by the following retarded vote: Richard C. Shickle Aye Bi11 M. Ewing Aye Christopher E. Collins Aye Charles S. Del- Iaven, Jr. Aye Ross P. Spicer Aye Gene E, Fisher Aye Gary A, Lofton Absent Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board approved the minutes frarn the November 14, 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 Absent COUNTY OFFICIALS HISTORIC PLAQUE PRESENTATION — HITES CHAPEL UNITED METHODIST CHURCH Chairman Shickle presented representatives from Hits Chapel United Methodist Church with Historic Plaque #32, which acknowledged the architectural and historic integrity of the structure. The property is located at 150 Chapel Road, Middletown. EMPLOYEE OF THE MONTH AWARD - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved Eddie K. Kenney as Employee of the Month for December 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 maybe nominated by any County employee; and WHEREAS, Eddie K. Kenney, who serves as Maintenance Technician with the Northwestern Regional Adult Detention Center was nominated Employee of the Month; and WHEREAS, Eddie K, Kenney is being awarded for his loyalty and commitment to his position at the Regional Jail. On the night of June 29�', a massive wind and electrical storm moved across the region causing a complete power outage at the facility; Eddie was called in to work at 11:00 p.m. and stayed throughout the night into Saturday afternoon to assist in the service issues even though his own home was without power. Eddie's selflessness is to be commended. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 12�' day of December, 2012 that Eddie K. Kenney is hereby recognized as the Frederick County Employee of the Month for December 2012; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to Eddie K. Kenney for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Eddie K. Kenney 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 Absent COMMITTEE APPOINTMENTS APPOINTMENT OF DAVID ZIEGLER AS FREDERICK COUNTY REPRESENTATIVE TO THE SHENANDOAH AREA AGENCY ON AGING — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board appointed David Ziegler to fill the unexpired term of Cheryl Swartz as Frederick County representative to the Shenandoah Area Agency on Aging. Term expires September 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 Absent APPOINTMENT OF CHRISTOPHER OLDHAM TO THE HISTORIC RESOURCES ADVISORY BOARD AS MEMBER -AT -LARGE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board appointed Christopher Oldham as Member -At -Large to the Historic Resources Advisory Board. This is a four year appointment. Term expires January 12, 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 Absent 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. - Chairman Shickle and Supervisor Fisher recused themselves from consideration of this matter. Chairman Shickle turned the gavel over to Vice - Chairman Ewing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the 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, anot -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 6 the Authority far 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 12th day of December, 2012. Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Abstain Gary A. Lofton Absent CODE AND ORDINANCE COMMITTEE REPORT OF OCTOBER 26.2012 LINTY - -,D .. ,.._, CO„ CO_.E CHAPTER 155, MEETING — PROPOSED REVISIONS TO „ „ „ TAXATION —SENT FORWARD FOR PUBLIC HEARING Administrator Riley advised that staff wanted to provide clarification to the Board regarding these proposed revisions to the County Code. He then asked County Attorney Williams to address this item, County Attorney Williams advised the Board discussed this item at its November meeting and many of the board members had questions regarding the proposed amendments. He referred the Board to the memo contained in their agenda packet, which outlined the proposed changes: W Signature and informational requirements for tax returns; other requirements. - Interest on machinery and tools tax, It was noted the Treasurer's Office reported the County collected less than $100 per year in interest on this tax over the past three completed calendar years. - Enforcement procedures. - General business license provisions. - Junk Dealers /Pawnbrokers/Precious Metals Dealers. Upon a motion by Supervisor Collins, seconded by Vice- Chairman Ewing, the Board forwarded the proposed revisions to County Code Chapter 155, Taxation forward to 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 Gene E. Fisher Aye Gary A. Lofton Absent REQUEST FROM THE COMMISSIONER OF THE REVENUE FORREFUND - APPROVED Administrator Riley advised this was a request 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 taxes by the company. Upon a motion by Supervisor Spicer, seconded by Vrce- Chairman Ewing, the Board approved the above refund request 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 Absent 8 COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Monday November 26, 2012 at 8:30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, 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 Program (See 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. Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn: The meeting was adjourned at 9;30 a.m. TECHNOLOGY COMMITTEE _APPROVED UNDER CONSENT AGENDA The Board of Supervisors lnformation Technology Committee met on Wednesday, December 5, 2012 at 8 :15 am, in the 1 s x F 10 o r Conference Room, County Administration Building 107 N. Kent St., Winchester, Virginia. Present were Brian Madagan, Private Citizen, Lori Sutton, Private Citizen, John Riley, Frederick County Administrator, 9 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 and Bill Ewing, Frederick County Board of Supervisors. 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 intemet connectivity, Please note that we are still subject to connectivity loss due to circumstances out of our control, but that loss time will 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 intemet after such a disaster. B. VoIP RFP Update: The Combined Matrix provided shows the two finalists from the 13 responses from our VoIP 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 D1SYS 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 D1SYS 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 project. 10 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. CornrnentslQuestions 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. 2. Meeting adjourned. The next meeting will be Wednesday, January 2 °d, 2013, We will confirm one week prior. TRANSPORTATION COMMITTEE — APPROVED UNDER CONSENT AGENDA The Transportation. Committee met on December 3, 2012 at $: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. AyIor 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. 2. ,Route 277 Upgrades Li 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. PUBLIC HEARING 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 WITH SUBSEQUENT AMENDMENTS TO STATE LAW. THE COUNTY ORDINANCE PROVISIONS ARE NO LONGER NECESSAIt.Y BECAUSE THE SUBJECT MATTER OF THE COUNTY ORDINANCE PROVISIONS IS ALREADY COVERED BY STATE LAW. - APPROVED Administrator Riley advised this was an 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 with the 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. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board of Supervisors of the 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 became 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 12th day of Decernber, 2012. 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 Absent 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 AMENDMENTS 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 INCORP _ORATION DATED APRIL 13, 1995: EACH MEMBER OF THE AUTHORITY BOARD SHALL SERVE WITHOUT COMPENSATION, EXCEPT THAT THE CHAIRMAN ELECTED BY THE MEMBERS OF THE 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. - APPROVED 13 Administrator Riley advised this was a proposed amendment to the Articles of Incorporation of the Frederick - Winchester Service Authority to amend the terms of compensation for the chairman. 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 Vice - Chairman Ewing, the Board approved the 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 1974; and, WHEREAS, by a Concurrent Resolution of the Common Council of the City and 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." 14 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 lncorporation. 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 Incorporation were approved by a Concurrent Resolution of the Common Council of the City of Winchester, Virginia, arld 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 , 20 ,and adapted by the County of Frederick, Virginia on December 12, 2012, following a public hearing held on December 12, 2012. The above resolution 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 Absent PLANNING COMMISSION BUSINESS: REZONING _ CARMEUSE NORTHERN UARRY PROFFER REVISION. - APPROVED Supervisor DeHaven abstained from consideration of this matter. Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a request to revise the proffers associated with Rezoning 01 -11 to modify the timing of the landscape buffer plantings. The Planning Commission reviewed this request and recommended approval. 15 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved Rezoning #07 -12. WHEREAS, Rezoning #07 -12 Proffer Revision of Car�neuse 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 2$, 2012, is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick Caunry as a park and citizens' 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 citizens' convenience center, 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 12�h day of December, 2012 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven. Jr. Abstain Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent lb DISCUSSION OF 2013 -2014 CAPITAL IMPROVEMENTS PLAN (CIP). —SENT FORWARD FOR PUBLIC HEARING Deputy Director of Planning Michael Ruddy appeared before the Board regarding this item. He advised this was a review of the 2013 -2014 Capital Improvements Plan {CIP }. The Comprehensive Plans and Programs Committee found the CIP was in conformance with the Comprehensive Plan. This year's plan contains 86 projects and reinforces the connection between the CIP, the Comprehensive Plan, and rezonings. Some new projects include Indian Hallow Elementary Schaal, an aquatics center, Abram's Trail, and the Route 277 project, He concluded by saying staff was seeking Board comments and direction regarding whether this plan is ready to be sent forward far public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board sent the 2013 -2014 Capital Improvements Plan {CIP) forward for public hearing. The above motion was approved by the fallowing 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 Absent DISCUSSION OF ORDINANCE AMENDMENT — REVISIONS TO THE RP RESIDENTIAL PERFORMANCE ZONING DISTRICT —SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised these were proposed changes to the Residential Performance Zoning District, which would make the ordinance easier to understand, provide additional flexibility and housing options, bring it up -to -date with the current needs of the community, and conform to the 2030 17 Comprehensive Plan. She concluded by saying staff was seeking direction from the Board regarding whether this proposal was ready for public hearing, Upon a motion by Supervisor Collins, seconded by Supervisor Spicer, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning; Article IV Agricultural and Residential District; 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, 1 b5- 402.06 Multifamily Housing, 165402.07 Open Space Requirements, 16- 402.0$ 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 l8 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`h day of December, 2012 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 Absent DISCUSSION OF ORDINANCE AMENDMENT — PRIVATE STREETS IN THE R5 RESIDENTIAL RECREATIONAL COMMUNIT ZONING DISTRICT. — REFERRED TO PUBLIC WORKS COMMITTEE Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff received a request to allow private streets in all R -5 (Residential Recreational Community) developments. Currently, this proposal is only permitted in age restricted communities. This proposed amendment would allow the use of private streets within all developments in the R -5 District, but would require Board of Supervisors' approval. She noted this proposal has the potential to modify communities previously approved, but not proffered, as age - restricted and could introduce dwelling units that accommodate all ages. The impacts on the County's school system should be considered. She concluded by saying staff was seeking direction from the Board regarding whether this proposal should be sent forward for public hearing. 19 Chairman Shickle suggested the Public Works and Transportation committees might want to look at this proposal regarding potential impacts. Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board referred this item to the Public Works Committee for their review. DISCUSSION OF ORDINANCE AMENDMENT — SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE RA {RURAL AREAS) DISTRYCT. -- SENT FORWARD FOR PUBLIC HEARYNG Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to allow a setback exemption for accessory structures in the RA {Rural Areas) Zoning District. This proposal has been discussed by both the Board and Planning Commission, She noted the Board felt the size of the accessory structure should be increased from 500 square feet to 600 square feet. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Spicer, the Board approved the resolution directing the Planning Commission to hold a public hearing regarding Chapter 165, Zoning; Article 1V; 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 Apri14, 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on May 16, 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. 20 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, 165401. @7 Setback Requirements. Passed this 12�h day of December, 2012 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 Absent BOARD LIAISON REPORTS Chairman Shickle spoke about the inaugural meeting of the Business Friendly Committee. He was excited and pleased to see approximately 50 people turn out for this initial meeting. He thought the meeting went well. Supervisor DeHaven agreed. He thought the participants were excited and the meeting went well. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor DeHaven advised the BDAS has several concepts that merit study and he would like to have the committee look at a potential Comprehensive Plan amendment. John Light has volunteered his property as a potential study area. Supervisor Spicer thought that was an excellent suggestion. Supervisor Fisher supported this concept. Supervisor DeHaven stated he would formally bring the request back at a future board meeting. Supervisor Spicer took a moment to extend his gratitude to the citizens of the Gainesboro District for allowing him to represent them as a board member. He stated it had been a life changing experience. He went on to say that Frederick County was exceptionally lucky to have committed board members and he would miss his time on the Board. Vice - Chairman Ewing thanked Supervisor Spicer for his service on the Board. Chairman Shickle stated Supervisor Spicer had been a valuable asset and thanked him for his service. ADJOURN 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. {S:Q4 P.M.) zz t RESOLUTION OF APPRECIATION CHIEF HENRY A. SHILEY, �� COMPANY 12, MIDDLETOWN VOLUNTEER FIRE &RESCUE COMPANY WHEREAS, Henry A. Shiley served the citizens of Middletown and Frederick County, Virginia, for over fifty six (56) years as a member of the Middletown Volunteer Fire &Rescue Company also k�wn as Company 12; and WHEREAtiJ, Chief Henry A. Shiley is one of the longest tenured volunteer chiefs in the State of Virginia, was a founding member of the Frederic unty Fire &Rescue Association, and helped esth Frederick Coun 's central dispatch; and )� � �- �: W EREAS, Chief Shiley is a tireless worker and continues to volunteer innumerable hours to Frederik County Fire and Rescue through his service on committees, running calls, attending meetings, participating in training programs, fund raising, repairing equipment, and running the fire station. �r� � /mil ��rr- �r�'�� 'f e� NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to Chief Henry A. Shiley for all of his contributions to Frederick County�Fire and Rescue and the citizens of Middletown and ederick County. 1 I �� i�� BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this citizen volunteer. �� I I I � I � "�� ADOPTED this 9th ay of J�nua , 201 . -�:�_� - •wv t 7' �' T Richard C. Shickle • • - Chairman f r Gary A. Lofton Back Creek District Supervisor Bill M. Ewing Opequon District Supervisor '_� Gene E. Fishe Shawnee District Superviso _� John R. Riley, Jr. Clerk Christopher E. Collins Red Bud District Supervisor Charles S. DeHaven, Jr. Stonewall District Supervisor COUNT' of FREDERICK John Yt. Ritey, Jr. y,� "� _ County Administrator �,3s � � 5401665 -5666 Fax 540/667 -0370 TO: Board of Supervisors- E -mail: jriley @ c o.frederick.va.0 s FROM: .lohn R. Riley, Jr., County Administr for DATE. .lanuary 3, 2013 i RE: Committee Appointments :Listed below: are 'the vacancieslappointments due .through February, -2013. As a remirider, in order fior everyone to have ample time to review applica #ions, and so they can be included in ffie agenda, - please remember to submi# applications prior to Friday agenda preparation, Your assistance is greatly appreciated: VACANCIESlOTHER Extension Leadership, Council Wiiliam 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. Parks and Recreation Commission Paul W. Hillyard _Gainesboro District Representative 233 Baldwin Circle Winchester, VA 22603 Term Expires: 02/13/16 Four year term (Mr. Hillyard has resigned. (See Attached} DECEMBER 2012 Board of Equalization Michael A. Lake — County Representative (Gainesboro District Resident) 861 Valley View Drive Winchester, VA 22603 107 North Kent Street ®Winchester, VirginAa 22601 Memorarildum —Board of Supervisors January 3, 2013 Page 2 the ,Judge of the Frederick:County Circuit Court for final' appointmen�.j Chapter � 0 Board �Mr, Aston does riot wish to be reappointed. The Chapfer 10. Board is composed of representatives from each of fhe jurisdictions within fhe planning disfricf. The county has three seats on fhe Chapter 10 Board. Members serve a Three year term and may only serve Three consecutive terms.) .iANUARY 2073 No remaining appointments due for January. FEBRUARY 2073 No remaining appointments due for February, JRRitjp Attachment U:1TJP1com mitteeappointmentslMemo518oardComm itteeAppts {010913MEQ).docx PaUI �, xillyard 233 Baldwin :Circle Winchester, V'A 22603 540 -667 -493 � December 11, 2012 Jason Robertson Director, Frederick Co, Parks and Recreation 107 N Kent S #. Winchester, VA 22601 Dear Jason, Please accept this letter as notice of my intention to resign from tl: Parks and Recreation Commission effective December 12, 2012. enjoyed my time as a commission member getting to work with you7r well as working with a grew# group of commission members.. I feel able to devote as much time as I should to the commission with be active in school and athletic events. Sin ly, � i' � .W. Hll d .� "'. `�\ r.s � �� ` � �� .' e. a }. �. m+. �'-�� it r ... 944 ' �G `. � � ��g t L,� �:�/ Qy li VV i �'r. Frederick County I have thoroughly }utstanding staff as ke I have not been b of my daughters AUTHORIZING THE COUNTYATTORNEY TO FI LE A PETITION FOR WRIT OF ELECTION TO FI LL VACANCY IN THE OFFICE OF GAINESBORO DISTRICT REPRESENTATIVE TO THE BOARD OF SUPERVISORS WHEREAS, Ross P. Spicer has submitted his resignation as Gainesboro District representative to Board of Supervisors, effective December 31, 2012; and WHEREAS, Virginia Code § 24.2- 226(A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors within 15 days of the vacancy, and WHEREAS, state law permits the Circuit Court to schedule such election concurrent with the general election already scheduled for November 5, 2013; and WHEREAS, the estimated cost of conducting a special election on a separate date would be approximately $10,600; and WHEREAS, state law provides for the office of Gainesboro District representative to Board of Supervisors to be filled on an interim basis until his successor is elected and qualified and has taken the oath of office. NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors, such election to occur on November 5, 2013, concurrent with the general election that same day, or on such other date as the Circuit Court may find just and proper. ADOPTED this 9�' day of January, 2013. Richard C. Shickle [Gainesboro District] Christopher E. Collins Charles S. DeHaven, Jr. Gary A. Lofton VACANT Bill M. Ewing Gene E. Fisher John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia � � � AUTHORIZING THE COUNTYATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF COMMONWEALTH'S ATTORNEY WHEREAS, Glenn R. Williamson has submitted his resignation as Commonwealth's Attorney for Frederick County, effective December 31, 2012; and WHEREAS, Virginia Code § 24.2- 228.1(A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Commonwealth's Attorney within 15 days of the vacancy; and WHEREAS, state law permits the Circuit Court to schedule such election concurrent with the general election already scheduled for November 5, 2013; and WHEREAS, the estimated cost of conducting a special election on a separate date would be approximately $30,500; and WHEREAS, state law provides for the office of Commonwealth's Attorney to be filled on an interim basis until his successor is elected and qualified and has taken the oath of office. NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in the office of Commonwealth's Attorney, such election to occur on November 5, 2013, concurrent with the general election that same day, or on such other date as the Circuit Court may find just and proper. ADOPTED this 9t1i day of January, 2013. Richard C. Shiclde [Gainesboro District] Christopher E. Collins Charles S. DeHaven, Jr. Gary A. Lofton VACANT Bill M. Ewing Gene E. Fisher John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia MEMORANDUM TO: Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: January 3, 2013 RE: Commissioner of Revenue Refund Requests COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us Attached, for the Board's review, are requests to authorize the Treasurer to refund the following entities: 1. Bashar Mashhour Al -Zubi {$3,749.16); 2. Undisclosed Taxpayer ($3,440.86); Roderick B. Williams County Attorney Attachments 107 North Kent Street Winchester, Virginia 22601 M► tai► ClT:7.�►1�ij►'1 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: December 2Q, 2012 RE: Refund — Bashar Mashhour Al -Zubi COUNTY OF FREDERICK Roderick B. Williau�s County Attorney 54Q1722 -8383 Fax 54Q1667 -037Q E -mail: rwillia @co. frederick.va.us I am in receipt of the Commissioner's request {copy attached), dated December 17, 2012, to authorize the Treasurer to refund Bashar Mashhour Al -Zubi the amount of $3,749.16 for refund of personal property vehicular tax for 2009 -2012 and registration fees on a vehicle formerly registered and plated that was reregistered with the Virginia Department of Motor Vehicles as an antique vehicle. Taxpayer only recently realized the benef is of this registration and had not informed us of the changes at DMV. 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. �oclerick B.�V�iCiams County Attorney Attachment 107 North Kent Street Winchester, Virginia 226Q1 Frederick County, Virginia Ellen E, Murphy Commissioner of the Revenue 107 North Kent Sfreef Winchester, VA 22601 Phone 540- 665 -5681 Fax 540 - 667 -64$7 eanail: emurphy @co.frederick.�a.us DECEMBER 17, 2012 TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenue �� Exoneration!: gar Mashhour A! -zubz =_E'_; �� . �� Please allow the Treasurer to refund $3749.16 to Bashar Mashhour Al -Zubi for refund of personal property vehicular tax for 2009 -2012 and registration fees on a vehicle formerly registered and plated that was reregistered with the Virginia Department of Motor Vehicles as an antique vehicle with registration plates of 99/99/99 dating. Taxpayer only recently realized the benefits of this registration and had not informed us of the changes at DMV. This information is not part of the regular DMV download to us and we must rely on taxpayers to tell us. These exonerations /prorations appear in order and all backup information has been examined and approved by Commissioner of the Revenue staff. Supplemental information was also received. Backup information is in the Commissioner of the Revenue off ce and contains secure data. Exoneration total is $3,749.Ib. Date: 12/14/12 Cash Register: COUNTY OF FREDERICK Time: 10:58:55 Total Paid : $3,749.16 F3 =Exit F14 =Show Map F15 =Show Balance F1$ =Sort- Entered F21= C�dLine Tota Transactions: Customer Name: AL -ZUBI BASHAR MASHHOUR Customer Transactions: 11 Options: 2 =Edit 4= Delete 5 =View C,l _ Deft Trans Ticket No. Tax Amount Penalty /Int Amount Paid PP�9 —'� ��i3r 19 -� $.00 1 .40- PP2009 2 00004270004 $583.20- $.00 $583.20- _ PP20I0 3 00004360003 $456,$4- $.00 $456,84 - PP2010 4 00004360004 $456.$4- $.00 $456.84- _ PP2011 5 00004570003 $461.70- $.00 $461.70- _ PP2011 6 00004570004 $461.70- $.00 $461.70- _ PP2012 7 00004750003 $529.74- $.00 $529.74 - PP2012 B 00004750004 $529.74- $.00 $529.74- _ VL2010 9 00008220001 $25.00- $.00 $25.Op- VL2011 10 00005950001 $25.00- $.00 $25.00- _ VL2012 11 000061$0001 $25.00- $.00 $25.00- Total Paid : $3,749.16 F3 =Exit F14 =Show Map F15 =Show Balance F1$ =Sort- Entered F21= C�dLine MEMQRANDUM 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: December 20, 2012 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us RE: Refund — Undisclosed Taxpayer — Disabled Veteran's Relief I am in receipt of the Commissioner's request (copy attached), dated December 17, 2012, to authorize the Treasurer to refund a taxpayer the amount of $3,440.86 for 2011 and 2012 residential taxes, based on proper filing of proof of 100% permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. Taxpayer's name cannot be made public because of applicable legal requirements as to privacy, but is known to the Commissioner, the Treasurer, and the County Attorney on a confidential basis. 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 Baard of Supervisors will need to act an the request, as indicated in the Commissioner's memorandum. �'' �. Roderick B. Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 December 17, 2012 TO: FROM: RE: Frederick County, Virginia Ellett E. Murphy Commissioner of the Revenue 907 Narfh Kent Street Winchester, VA 22609 Phone 540- 665 -5689 Fax 540 -66 %6481 email: emurphy @co.frederick.va.us Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors Ellen E. Murphy, Commissioner ofthe Revenue Exoneration Undisaclosed Taxpayer Veteran Relies . � . l '. '. . .� ... ��:, ��. ��'�� ..�;. Please allow the Treasurer to refund $3,440.$G to a Taxpayer as disclosed to our attorney and known to the Treasurer for Veteran Relief for 2011 and 2012 on residential taxes. This exoneration is based on proper fzling of proof of 100% permanent and total disability directly due to military service as required under VA Code change as a result of the Constitutional Arriendment that took effect for 2011. Taxpayer's name cannot be made public under constraints of the Veterans Administration. All.information from the taxpayer includes proper certification by the Veterans Administration and verification of ownership by staff. We do have alI substantiating documents on file, Backup information is in the Commissioner of the Revenue office and contains secure data. Exoneration total is $3,440.86. _.. COUNTY of FREDERICK Parks and Recreation Department 5�0- bb5 -SC,7K F'AX: 54U -�f,S -9687 www.fcprd.nct c -mail; fcprd {u co.frcdcrick.va.us To: John R. Riley, Jr., County Administrator From: Jason L. Robertson, Director, Parks &Recreation De Suibject: Parks and Recreation Commission Action Date: December 12, 2012 The Parks anal Recreation Commission met on December 11, 2012. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, P.W. Hillyard, III, Patrick Anderson and Gary Longerbeam. Members absent were: Ron Hodgson, Kevin Anderson and Christopher Collins. Items Requiring Board of Supervisors Action: 1. None Submitted for Board Information Only: 1. Co- Sponsor Recommendation — Mr. Hillyard moved the Commission accept applications for cosponsorship from Frederick County American Little League Association, Frederick County National Little League Association, Blue Ridge Youth Soccer Association, American Legion, Mavericks, Winchester Athletic Association, second by Mr. Sandy, carried unanimously (6 -0). 2. Fiscal 2014 Budget Proposal — Mr. Sandy moved to approve the Fiscal Year 2014 Budget as submitted, second by Mr. Longerbeam, motion carried unanimously (6 -0). 3. Strategic Plan —The Strategic Plan committee recommended to adopt tl�e Parks and Recreation Strategic Plan, second by Mr, Sandy, motion carried unanimously (6W0). Please find attached the Strategic Plan for your review. Copy: Martin Cybulski, Chairman Christopher Collins, Board Liaison 107 North Kcnt StrC�t Winchcsicr. VA ?2h01 FREDERICK COUNT' PARKS AND RECEREATION 2012 STRATEGIC PL4N Frederick County's Mission: Ensure the quality of life of afl Frederick County Citizens by preserving the past and planning for the future through sound fiscal management. Frederick County Parks and Recreation (FCPRD) Mission: FCPRD is committed to promoting and providing quality parks and recreational facilities, programs, and leisure opportunities for our community. Strategic Plan Desired Outcomes 1. Define the departments Mission &Vision 2. Provide a document with day -to -day relevance assisting FCPRD establish priorities and best serve the community. 3. Provide a dear framework to translate community needs into attainable, measureable actions. 4. Set priorities for Capital improvements Plan 5. Position the department for national accreditation Frederick County Parks and Recreation The Frederick County Parks and Recreation Department builds community through its parks, programs and people. FCPRD manages a system of owned or maintained facilities currently including; 403 acres of land of which 220 acres are developed park land, 3.6 miles of paved multi- purpose trail, two (2) miles of unpaved trails, sixteen (16) picnic shelters, eight (8j playgrounds, two (2j fishing lakes, two (2) outdoor pools, five (5) community centers, two (2} fitness facilities, and administrative offices. Through a cooperative use agreement with the Frederick County Public Schools, activities are also offered at school facilities. Programs and services include; before and after schoo! program, sports and recreation, camps, community events, trips, health and fitness, facility maintenance, park maintenance, customer service, and environmental stewardship. The majority of Frederick County households have used FCPRD facilities andfar programs in the past year. 5herando and Clearbrook Parks received approximately 450,000 visits in FY 12. The department coordinated recreation programs and activities for over 17,000 participants of all ages; 199 Frederick County youth participated in basicRec before schooB care, and 188 participated in basicRec after school care. FCPRD pools received over 35,000 visitors and provided over 1,600 swim lessons. Over 500 volunteers contributed their time and skills to a wide variety of programs and activities, from youth sports programming to special events to park development and maintenance. FCPRD created approximately iS0 partnerships with outside private and public entities in the course of providing programs and services, Information Gathering The department continually seeks and responds to input from internal and external stakeholders for the purpose of improvement in the provision and delivery of services. Summary results from an internal Strengths, Weaknesses, Opportunities, and Changes/Threats, survey are included below. Results from a randomized community survey created with the help of public input meetings and conducted in the spring of 2012 are summarized in Attachment 1. Demographics Frederick County's population increase of 32% over the past decade is nearly triple that of Virginia as a whole. The current (2010 Census} population of 78,305 is expected to increase 22% by 2020, bringing about 17,500 additional residents to Frederick County. Among youth, the largest growth {25%) will occur in children younger than 5, while the population of teens 15 -19 is projected to decrease 5% from current levels. Adults 25 -39 show growth greater than 40%, while those 40 -54 show negligible if any growth. The Senior population, 55 -74, is projected to grow at a rate greater than 40%. The graph below shows growth projections among groups with similar recreation programming needs. The different rates of growth illustrate where current programming may be adequate, and where expansion will likely be necessary. 22% Population increase 2010 -2020 (^'17,500 additional residents Virginia Employment Commission, 2012) Of Frederick County's race /ethnicity makeup in 2010, 86% of the population was White. Hispanics were the second largest ethnic group making up 7% of the population, Projections show an increasingly homogeneous population in 2020 with 90% of the population White and mast other groups shrinking in proportion and /or actual number (VA Employment Commission, 2012 }. Employment Frederick County's workforce has been impacted by the recent economic downturn. Unemployment, while several points lower than national levels, has been mare volatile far Frederick County than Virginia as a whole. Frederick County experienced higher unemployment than the state, but recovered faster than Virginia as a whole. Frederick County's unemployment rate as of May 2012 was 5.2 %compared to Virginia's 5.5% and a national rate of 8.2% (Bureau of Labor Statistics, ZO1Z }. The percent of residents below the poverty level is 7.9% (U.5. Census). 2012 Community Survey fn February and March 2012, surveys were mailed to 1,800 randomly selected households in Frederick County. Survey responses provide statistical significance with a 95% confidence level and margin of error of +/ -4,4%. A summary of survey findings is included in Attachment 1. The 2012 Community Survey shows FCPRD as most cited provider of parks and recreation services with six out often Frederick County households having used a FCPRD facility or program in the past year. Survey results indicate the following findings with relevance to the strategic direction of the department: • Multi -use trails are the overwhelming facility interest /need • Adult Fitness is the overwhelming recreation programming interest /need • Print mediums are the preferred communication method Additionally the primary benefits households feel FCPRD contributes to include: • Making Frederick County more desirable • Improving health and fitness • Improved quality of life • Providing alternatives for youth • Preserving open space 5W0� Analysis Separately, the Parks and Recreation Staff conducted a SWOT Analysis of the organization. The following represents the findings: STRENGTHS WEAKNESSES • Current facilities • Limited program areas • Staff • Program &Agency awareness • Programs • Customer service • basicRec • Levef or decreased funding • High department stature and reputation • Lack of professional development • Customer Service + Market and trend knowledge • Affordability • Communication • Safety Connection to Mission • Stewardship of resources • Aging equipment • Long list of park and facility needs TREND %GRANGE — OPPORTUNfTY CHANGES /TRENDS - THREATS • Program Development • Competition /Alternative providers • Devefop partnerships for service delivery • Population and demographic shifts • Keep costs affordable • Emergence of new program trends • Develop alternative funding • Impact of changes with FCPS • Promote benefits of Parks and Recreation • Economic conditions • Devefop new, and improve current facilities + Insufficient funding to keep pace w/ new demand • Increase environmental posture and facilitation Increased emphasis on efficienk govt services • Obtain agency certification • Increased demand for new facilities • invest in equipment to increase efficiency Strategic Goats, Strategies, and Action Plans: A, Goal: Identify and secure funding to support FCPRD aspirations Strategy; Create alternative funding pool with identified revenue streams Action: • Develop mechanisms to attract non -tax base funding 8. Goal: Develop culture of common purpose among FCPRD staff Strategy: Encourage Mission to guide day today staff actions Aaron: • Create staff committee to review current mission statement • Meet with staff to relate job function with mission • Create internal newsletter /communication piece C. Goal: Increase capabilities and knowledge of staff Strategy: Encourage professional development and training Action: • Match individual staff plans and agency goals to develop department training program • Prepare for changes resulting from demographic shifts • Budget for annual professional development D. Goal: Develop new and improve current facilities Strategy: Refocus efforts to realize identified facility needs Action: • Align Comprehensive Plan policies with community survey results • Review /Update Capital Improvement Plan {CIP) priorities with survey results • Identify potential partnership opportunities in achieving CIP priority items • Engage Commission in advocacy for facility needs • Utilize demographic trend information in need assessments E. Goal: Increase environmental stewardship posture of department Strategy: Integrate environmental stewardship into park and recreation operations Action: • Identify natural resource inventory at parks • Identify best management practice {BMP) resource opportunities • Develop a process for resource use, balancing environmental, budget and user expectations • Encourage `green purchasing' by comparing items to be purchased with 'greener' alternatives F. Goal: Rrovide the tools and equipment necessary for staff to effectively and efficiently carry out job functions Strategy: Address equipment and vehicle replacement needs Action: • Maintain an updated inventory of vehicles and equipment • Assess rental vs. ownership opportunities for equipment and vehicles • Develop equipment and vehicle replacement schedule and plan • Budgetta plan G. Goal: Ensure alignment of program offerings with community needs Strategy: Offer wider range of programming Action: • Inventory programming opportunities identified in community survey • Encourage implementation of identified programs • Identify partnerships to provide program offerings • Develop programs to meet demographic trends • Enhance marketing efforts H. Goat: Enhance customer service Strategy: Develop understanding of customer and market perspective Action: • Implement Customer Service training program • Create a consistent method of capturing customer feedback across department activities • Respond to feedback and develop service Baselines for future comparisons I. Goal: increase awareness of Parks and Recreation Department Strategy; Update /expand exposure of Department Action: • Create logo to Better reflect whole of FCPRD • Develop civic group presentations • Develop interactive map of parks and park facilities • Optimize use of Press Releases • Identify and promote agency position J. Goal: Increase attractiveness and awareness of programs Strategy: Redesign Calendar of events Action: • Prepare new program and activity guide • Drive relevance of website K. Goal: Demonstrate efficient operations Strategy: Pursue CAPRA accreditation Action: • Inventory and pursue National Recreation and Parks Associations' CAPRA requirements • Budget of accreditation expenses L. Goal: Maintain relevance of Strategic Plan Strategy: Schedule periodic progress reviews Action: • Create quarterly assessment and review for staff s Create annual assessment and review for Strategic Plan Committee COUNTY oiE FREDER)[CK Department �f Public Works 54U16S5 -5G43 FAX: 541578 -4682 MEMORANDUM TO: Landfill Oversight Committee Members FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works ��', SUBJECT: Landfill Oversight Committee Report for Meeting of December 6, 2012 DATE: December 13, 2012 The landfill oversight committee met on Thursday, December 6, 2012, at 8:00 a.m. All committee members were present except Winchester representative, City Manager, Dale Iman. The following items were discussed: ** *Items Not Requiring Action *�* 1. Project Updates Recently Completed: • Construction /Demolition Debris Landfill (CDD) —ten (10) acre cell —Clay liner and leachate collection system upgrade; • Clarke County Farm —Clay and shale borrow improvements, installation of permanent erosion and sediment control measures, sediment basin and haul roads; • Removed all overhead electric poles and wires across Clarke County Farm except along eastern perimeter; • Installed new stormwater collection system along landfill entrance road along with installation of Best Management Practices (BMPs) to collect sediment from entering stream; • Drilled five (5) new gas collection wells in MSW landfill to collect additional landfill gas to power gas to energy plant and shop heating; • Upgraded landfill gas treatment system to remove Siloxane contamination. Landfill Oversight Committee Report Page 2 December 13, 2012 Proposed proiects for next two (2) years: • Partial closure of approximately seven (7) acres in the CDD Landfill, Area 1, Phase 1; • Upgrade the existing Permit #40 Leachate Lagoon including removal of existing liner, placement of new synthetic bottom liner and installation of permanent pump station; • Implement improvements to Permit #40 existing cap and drainage system along eastern portion of landfill to eliminate infiltration of stormwater into Leachate collection system; • Construct new pole shed to house equipment and supplies; • Expand landfill gas collection system into new cell area; • Repair, widen and repave roads within the landfill to improve vehicle safety; • Provide packing units /containers at the citizens' convenience area to improve recycling of cardboard and plastics; • Install new electronic sign at the entrance to landfill. 2. Fiscal Year 2013/2014 Budget Staff presented the proposed Fiscal Year 2013/2014 budget to the committee for their review. Significant items related to projected revenue included maintaining the municipal tipping fee at $12 per ton and increasing the sludge tipping fee from $24 to $28 per ton. Significant changes in expenditure line items included reducing the recycling rebate from $5 to $2 per ton. Capital expenditures were dramatically reduced in the proposed budget compared to the current budget which approximated $3,000,000. Staff is proposing a Fiscal Year 2013/2014 budget of $6,518,749 and a revenue projection of $5,304,660. The difference will be funded from the landfill's retained earnings. The landfill's fund balance is currently estimated at approximately $28,500,000. Of that amount, approximately $11,500,000 is dedicated to a closure /post - closure trust fund. Staff anticipates that the landfill fund balance will be reduced to an amount of approximately $25,000,000 at the end of the current fiscal year. At the conclusion of the discussions, the committee unanimously recommended that the proposed budget be received as general information and forwarded to the appropriate committees in the respective jurisdictions. HES /rls cc: file t:\ Rhonda\ LFCommittee\ C[ JRRENTYEARCOMREPORTS \12- 6- 12LFCOMREP.doc COUNTY o� FREDERICK Department [�f Public Works saolss5 -s6a3 FAX: 54�IS78 -4682 MEMORANDUM TO: Board of Supervisors FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works SUBJECT: Public Works Committee Report for Meeting of December 11, 2012 DATE: December 13, 2012 The Public Works Committee met on Tuesday, December 11, 2012, at 8:00 a.m. All members were present except George Ludwig and Gary Lofton. The following items were discussed: ** *Items Not Requiring Action * ** 1. Design of New Round Hill Fire /Rescue Station and Social Hall The director presented cost proposals for the design of the new Round Hill Fire and Rescue Station and Social Hall. The design team will include the Moseley Architects and their consultant, Stewart- Cooper - Newell Architects, Greenway Engineering and Ruckman Engineering, PLC. The total proposed cost for the design and limited contract/construction administration will be $452,347. The attached memorandum dated December 10, 2012 outlines the proposed costs and presents a brief description of the services provided by each firm. After discussing the scope of the project and proposed design costs, the committee unanimously endorsed the total design cost of $452,347 and recommended that contracts be awarded to the respective firms contingent upon approval by the finance committee and board of supervisors. Mr. Riley suggested that the project design could initially be funded from the county's fund balance with a subsequent reimbursement from alease /revenue bond sale. It should be noted that the project's financial responsibilities will be distributed between Frederick County and the Round Hill Volunteer Fire Company. The distribution of cost responsibilities will be based on the surface areas of the fire and rescue station (14,000 square Public Works Committee Report Page 2 December 13, 2012 feet) and the social hall (9,600 square feet). Using these numbers as a preliminary basis, staff has determined that Frederick County will be responsible for 60 percent of the design construction costs with the Round Hill Volunteer Fire Company responsible for the remaining 40 percent. Preliminary estimates indicate a construction cost of approximately $4,500,000 for the proposed project. (Attachment 1) 2. Fiscal Year 2013/2014 Budgets The director presented a brief summary of the proposed Fiscal Year 2013/2014 budgets. After a final department review, these budgets will be forwarded to the finance department on or before December 21, 2012. (Attachment 2) 3. Miscellaneous Reports a) Tonnage Report (Attachment 3) b) Recycling Report (Attachment 4) c) Animal Shelter Dog Report (Attachment 5) d) Animal Shelter Cat Report (Attachment 6) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman Gary Lofton George Ludwig Ross P. Spicer Whit L. Wagner Robert W. Wells James Wilson By � Harvey E. S wsnyder, Jr., .E. Public Works Director HES /rls Attachments: as stated cc: file ATTACHMENT 1 COUNTY ❑� FREDERICK Department of Public Works 54U16S5 -5G43 FAX: 541578 -4682 MEMORANDUM TO: Public Works Committee FROM: Harvey E. Strawsnyder, Jr., P.E. Director of Public Works I7 SUBJECT: Design Services for New Round Hill Fire and Rescue Station and Social Hall DATE: December 13, 2012 I am requesting that the committee review proposals for professional services related to the design of a new fire and rescue station and social hall to replace the existing Route Hill Fire and Rescue facilities. The new facility will be constructed on a three (3) to four (4) acre parcel located on property proffered by Silver Lake Properties adjacent to the new Lutheran Home complex. The following professional services proposals are offered for the committee's consideration: Company Amount Moseley Architects $389,927 Greenway Engineering $ 28,420 Ruckman Engineering $ 34,000 Moseley Architects The Moseley Architects proposal includes the services of Stewart- Cooper - Newell Architects who specialize in the design of fire and rescue stations. This design team was selected from a group of 21 submittals shortlisted to five (5) interviews. As a team, these firms have designed over 160 fire and rescue facilities over the last ten (10) years. This design team will be responsible for planning and the following design services: architectural, structural, electrical, plumbing and mechanical. They will also provide submittal review and some inspection during the construction phase of the project. A seven (7) month time frame has been negotiated for completing the design. Design Service Fees Page 2 December 13, 2012 Greenway En�ineerin� This firm has been selected as a sole source entity because of their prior knowledge of the site conditions, available survey data and working relationship with the developer. Greenway Engineering has also been engaged by the developer to design the access road and utilities that will serve the new fire station. Greenway will provide the site plan design including, but not limited to, finished grades, parking and pavement design, on site utility design, exterior lighting, stormwater management and landscaping. They will also provide submittal review and approval during the construction phase of the project. Ruckman En�ineerin� This firm will perform the geotechnical investigation and design and provide QA /QC during construction. Frederick County has an open end contract with Ruckman Engineering to provide these services for county related projects. Authorization Staff is requesting endorsement from the public works committee for a supplemental appropriation in the amount of $452,347 to proceed with the design of the new Round Hill Fire and Rescue Station and related Social Hall. With the endorsement, the request will be forwarded to the finance committee for their review and action. HES /rls cc: file ATTACHMENT 2 COUNTY of >F'REDER�CK Department of Public Works 5401665 -5G43 FAX: 5401 b78 -0682 MEMORANDUM TO: Public Works Committee FROM: Harvey E. Strawsnyder, Jr., P.E. Director of Public Works I � SUBJECT: Fiscal Year 2013/2014 Budgets DATE: December 10, 2012 The following is a summary of the proposed Public Works budgets for Fiscal Year 2013/2014 and the projected revenues for Fiscal Year 2013/2014 and the current amended Fiscal Year 2012/2103 budgets:. DISCIPLINE FY 12/13 AMENDED BUDGETS* FY 13/14 BUDGETS (Proposed) FY 13/14 PROJECTED REVENUES Ins ections - 3401 1,018,989 1,039,339 617,500 Road Administration - 4102 20,475 30,475 1,000 En ineerin - 4201 328,907 326,421 80,000 Refuse Collection - 4203 1.247,538 1,215,859 317,220 Refuse Dis osal —10 -4204 401,096 375,000 79,485 Litter Control — 4205 13,932 11,447 12,177 Animal Shelter — 4305 501,895 537,686 51,875 Buildin A eals Board - 8106 550 550 0 Subtotal 3,539382 3,536,777 1,159,257 Landfill (12 fund — 4204 9,521730 6,518,749 5,306,260 Shawneeland - 8108 1,055,862 839,571 664,470 Subtotal 10,577,592 7,358,320 5,970,730 Total 14,116,974 10,895,097 7,129,987 *Includes increases for VSRS. ATTACHMENT 3 COUNTY ❑� FREDERICK Department of Public Works 54U1665 -5643 FAX: 5401678 -4682 MEMORANDUM TO: Public Works Committee FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works }�c SUBJECT: Monthly Tonnage Report - Fiscal Year 12/13 DATE: December 5, 2012 The following is the tonnage for the months of July 2012, through June 2013, and the average monthly tonnage for fiscal years 02/03 through 11/12. FY 02 -03: AVERAGE PER MONTH: 15,184 TONS (UP 1,177 TONS) FY 03 -04: AVERAGE PER MONTH: 16,348 TONS (UP 1,164 TONS) FY 04 -05: AVERAGE PER MONTH: 17,029 TONS (UP 681 TONS) FY OS -06: AVERAGE PER MONTH: 17,785 TONS (UP 756 TONS) FY 06 -07: AVERAGE PER MONTH: 16,705 TONS (DOWN 1,080 TONS) FY 07 -08: AVERAGE PER MONTH: 13,904 TONS (DOWN 2,801 TONS) FY 08 -09: AVERAGE PER MONTH: 13,316 TONS (DOWN 588 TONS) FY 09 -10: AVERAGE PER MONTH: 12,219 TONS (DOWN 1,097 TONS) FY 10 -11: AVERAGE PER MONTH: 12,184 TONS (DOWN 35 TONS) FY 11 -12: AVERAGE PER MONTH: 12,013 TONS (DOWN 171 TONS) FY 12 -13: AVERAGE PER MONTH: 12,722 TONS (UP 709 TONS) MONTH FY 2011 -2012 FY 2012 -2013 JULY 12,600 12,596 AUGUST 13,265 13,934 SEPTEMBER 12,140 11,621 OCTOBER 12,091 12,863 NOVEMBER 12,389 12,598 DECEMBER 11,363 JANUARY 10,545 FEBRUARY 10,676 MARCH 12,479 APRIL 11,366 MAY 12,688 JUNE 12,550 HES /gmp iYi 'f1 ti 1t �i ii t �Til N u ATTACHMENT 4 I� O W N 00 0 0 0 0 0 0 0 I� � 00 I� �� M� N O� O 00 (O (O O O � I� � 00 M I� N � M O O � � M 00 (O O � � O N 00 N (O O J � M 00 O (O .. .. .. M � (O O � O � 00 � N � 00 00 � 00 � � � O .. .. .. .. .. .. .. .. .. .. .. .. .. a 00 � O � I� 00 (O I� O 00 � O 00 N � � O � M � � � � I� � O I� N� (O O N E (O N O O M O O 00 M (O I� O H O O O lf') M�� (O � M� M� 00 (O (O N �� M O� M M M � �� M N N N N N N N N N N N I� � N N O O O O O 00 I� 00 0 0 0 0 0 0 0 0 0 0 � d N N � 00 (O I� O O � 00 I� N 00 M 00 � N 00 � a � M 00 � O (O � M � 00 O N O N (O � (O � 00 N � � � O � N N O 00 I� N O � � O 00 � � 00 O L% N � N M � N M O � � N N �M I� � � � � 0 0 0 0 0 0 0 0 0 0 0 0 O W O O O O O 0 0 0 0 0 0 0 I� O O � N O N N O O N 00 (O � I� O O�� O O W� N � � � � O � O � � � � � 00 00 O � J � O 00 � � � I� � � 00 N M (O N � N W (O � N M � N � � � � � M M N � (O � � M W � 000 � N (O � N 00 O J I� �� M M A N O � � � N O N O O M M X � N N � W H 0 0 0 0 0 0 0 0 0 0 0 0 O W O N� M N � N� (fl a�0 � O N � � M 00 00 00 � 00 (O 2 � N N I� U O O O O O O I� M O A N O a0 N N O O a0 �� O�� N N U (O M 00 O � N I� 00 (O � (O M N U 00 � N N I� (O O � � � O O (O I� (O � (O � � N � (O � � Mooaoco�n�n� 00 o0 M I� O W N � (O (O � N M � N � � (O I� O O O O � � � O I� � N O N O 00 (O � (O Q O M 00 In 0 0 (O W � N� O � 00 00 (O M 00 I� � �� N�� O O O O d M O N O lf') N� lf') 00 � M N M � (O B O O M O Q M � � O � � � � O O M O I� 00 N In � 00 O In 00 M�� N I� � (O � � � M � � O � 00 (O � M I� a �� N O O � O O � (O � (O (O � � (O � N 00 M 00 I� � � � � O J � � (O � O � � � O � � 00 N N � � � 00 � O I� N � O U Z � I� O � N N 00 � (O N � N � � � � � � 00 � I� (O � O W (O o0 I� 00 � O O ao O � O � 00 I� M � � N N O (O � 00 NV � O� O�� N N N M N N N N N N�� U O O O O O O� O� M M� 00 � I� O� I� �� M J ZI � N O � (O � � � � (O � 00 N � I� 00 M I� M � O (O � (O O 00 � I� 00 � 00 � I� 00 � � � 00 � M � � M � � � � al a M� M M M Oo M N N M� � N � �� O O O� M M Oo (� �� N � � � � � � � � A N N �M O O O O 00 00 O N (O 00 0 0 �� (O 0 0� 0� 0� (O N � � O (O 00 � N� 00 N N N N� I� � O O � O 00 U N M M � lf') � M� M� N I� O N N� O lf') N� � �� 00 a M A N N 00 00 00 O N� O O M� (O 00 I� � O �� J M � N M M (O O I� � N 00 O O � � � 00 � I� 00 M (O d � M M M M N N � � � � � � � � � N � O M O O O O O O lf') O N E I� � O� O lf') I� N� (O 00 N � N � 00 00 I� M (O O N O N 00 �� O O I� � d in � oo ao � � M � (O ao � � M � oo (O N (O � � N � � I� z U � O M�� M N� O 00 � M O (O N N In M � Q (p 00 I� � � O � N (O � O � � � � M N O 00 I� � 0 J N 00 � � I� � (O � � � � � � � � � M � N -� (7 � O � 2 J N� 0 0 0 0 0 0 0 0 0 0 0 Q7 Q7 Q7 Q7 r r r O O H � � � � � � � � � � � � J i� d H� U Z m�� Z Q � a Z � O O ao r� tD �� M N � O W ao r� tD » w U O w a w Q a Q�� o 0 0 0 0 0 0 0 0 o w w w w w 0 � �acnozo��a��o�� o M r O N N_ O N i LL W J W 2 J Q �_ Z Q 0 i O m W 2 U W Z O U Y U_ W D W LL H O d W O 0 � _ w� �z O D� � o rn �� W co�m�rn M � ~ � X Q W U Z � Z W W d Q O 0 0 0 0 � � U � U U W � J Q W O z O N 0 0 � M W W D Y D W O � 00 M Lf') O r � r r r (O �_ D D W Q O O � � M � J�� N M M � U W D W � 00 I� r O (� M O � � M M � N 0 Q Q W � z 0� 0 0 I� N O W 00 Y W W m U Z_ � O � � � � M � M N � m m 0 J W W Z �Z�NNCO� M U Y � � M � (O M N W � � Q 2 H ~ Q Z 0 O Z� O� O O� N 0 0 0 O� O� M Z� OU �_ LL = J O J� w U O w z m Q� Q z� ��QcnOzo��Q�� C O U N Y CO �y V N c co L y--� � 0 Y � O � �Q o U CO � c U •- o N �' � � O N L N rn N c co L � N N � o N "O > � 0 Z � � O U N .�-" � C O N N � � O C � ATTACHMENT 5 H O W Q U O = � � 0 Z w0�'��rn co �� M M N M O N � � � � � O UW Z � Z W W d Q D o 0 0 0 0 0 U � � � W � J OW N Z N o rn � o � W Z M (O I� � � N - W D Y D W d N N � � � O �_ D D W �_ Q � M N � � � J � U W D w � � � � N 00 M O M M M � N � 0 Q Q W � z O � O M O N O W 00 Y W W O � (n O � N � O � m U Z_ � O 2 � � � � � � N N N � m m 0 J W W Z >Z�n��N� � W W� rn � rn� O U Y N N N � � � W � � Q 2 H ~ Q Z 0 O M � I� � � O Q LL M M M N M (O Z� O� LL = J O J� w U O w Z m Q� Q z� ��QcnOzo��Q�� N N 0 0 C CO .� N .� CO U 0 M L N N 0 Z 0 C O N L C ATTACHMENT 6 COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 540/665 -5666 Fax 540/667 -0370 E -mail: jtibbs @co.frederick.va.us TO: Board of Supervisors FROM: Jay E. Tibbs, Deputy County Administrator DATE: December 14, 2012 RE: Joint Finance Committee Meeting The Joint Finance Committee met on Thursday, December 6, 2012 at 8:00 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Richard Shickle, and Bill M. Ewing, Frederick County representatives; and Jeff Buettner and John Willingham, City of Winchester representatives. Others present were: Jay E. Tibbs, Deputy County Administrator; Dale Iman, City Manager; Roderick B. Williams, County Attorney, Jennifer Place, Budget Analyst, Frederick County; Anthony Williams, City Attorney; Mary Blowe, Finance Director, City of Winchester; Perry Eisenach, Engineer, City of Winchester; Cory McKnight, Facilities Maintenance, City of Winchester; Jim Deskins, Director of Winchester Economic Redevelopment Authority; and Matt Armstrong, The Winchester Star. Mr. Shickle called the meeting to order. ** *For Information Only * ** MEMORANDUM OF UNDERSTANDING FOR JOINT FINANCE COMMITTEE It was noted that both localities had signed the final version of the memorandum of understanding for Joint Finance Committee that had been previously approved by the respective governing bodies. The MOU references the committee can hold meetings as needed and it was the committee's consensus to hold a meeting in February to discuss budget issues for joint projects. No date was set. FUNDING OF HANDLEY REGIONAL LIBRARY City Manager Iman expressed concern about the lack of communication regarding the participating localities' intent to fund the library. He advised the library is funded based upon a per capita and circulation formula. He noted the City fully funded the library in the current fiscal year, but Frederick County and Clarke County did not and the City was not notified. Mr. Ewing noted the absence of the City's liaison from the library board's meetings. He stated the funding levels are discussed at these meetings and an active liaison helps facilitate the communication process. Handley Regional Library Director Trish Ridgeway noted that not every participating locality funded their full percentage per the formula. She advised, based on the funding formula, this is the percentage each locality should pay: - Frederick County = 64 %, currently pays 58.3 %. - City of Winchester = 21 %, currently pays 28.4 %. - Clarke County = 14.8 %, currently pays 13.3 %. JJC PROJECT The committee received a brief update of a proposed Joint Judicial Project for the construction of an additional courtroom and renovations to some existing offices. Included in the materials reviewed by the committee was a list of deficiencies and the goals to be accomplished by the renovations. Mr. McKnight, Facilities Maintenance, advised these renovations were proposed about five years ago; however, the economic downturn occurred and the project did not move forward. They are coming back now because many of the offices are at or near capacity for file storage, personnel, etc. The following appropriations were being sought relative to this project: - FY 2013 $300,000 — Design Only ($150,000 each from City and County). - FY 2014 $1,750,000 — Construction ($875,000 each from City and County). - FY 2015 $1,750,000 — Construction ($875,000 each from City and County). The total project cost, including design, is $3,800,000. The appropriation for Frederick County's share of the design cost will be sent to the Frederick County Finance Committee for discussion. GENERAL DISTRICT AND JUVENILE DOMESTIC RELATIONS COURTS FUNDING REQUESTS City of Winchester Finance Director Mary Blowe advised this was a funding request concerning staff salaries. Currently the employees in these two departments are paid primarily by the State with the City and the County paying for the two part -time employees. She advised the department heads would like to see their employees paid relative to what City /County employees are currently paid. They will be seeking an appropriation in this year's budget. Director Blowe stated they were seeking an increase of 10 -20 %. This item will be discussed in more detail when the Joint Finance Committee meets in February. STATUS OF THE DISPOSITION OF 317 S. CAMERON STREET (THE OLD JAIL) Winchester Economic Development Authority Jim Deskins advised the EDA's resources are currently tied up, but they would be seeking an appropriation in December of grant funds for the Taylor Hotel project, which would then allow the EDA to pull some of its money reserves from the project. The EDA would be in a position in January to determine the amount of money they have available. He went on to say there was preliminary agreement on a price. The committee discussed the status of the utilities and it was agreed to winterize the building and shut off the utilities. Mr. Deskins advised the EDA would bear any costs associated with turning the utilities back on should the need arise before they could purchase the property. DISCUSSION OF THE PROCESS USED TO DETERNHNE FUNDING FOR THE OUTSIDE AGENCY REQUESTS The Committee discussed the methods by which outside agency requests are considered. It was found the both localities utilize similar processes for considering these requests. An.TnTTRN There being no further business, the meeting was adjourned at 8:50 a.m. COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667 -0370 E -mail cshiffle @co.frederickva.us TO: Board of Supervisors FROM: Finance Committee DATE: December 19, 2012 SUBJECT: Finance Committee Report and Recommendations The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 19, 2012 at 8:00 a.m. Members Ron Hottle, Gary Lofton and Richie Wilkins were absent. (D) Items 1, 5, 6, 7, 8 and 9 were approved on consent agenda. 1. (D) The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $1,000. This amount represents funds received in FY12, which were unspent, for the free smoke detector program. See attached memo, p. 4. 2. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $23,060. This amount represents a VDEM grant awarded for the Haz Mat Team. No local funds required. See attached award, p. 5 — 7. The committee recommends approval. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $48,875.14. This amount represents equipment and software needs for the Computer Forensics section within the Criminal Investigations unit. See attached information, p. 8 — 13. The committee recommends approval. 107 North Kent Street •Winchester, Virginia 22601 1 Finance Committee Report and Recommendations December 19, 2012 Page � 2 4. The Sheriff requests a General Fund supplemental appropriation in the amount of $18,955.56. This amount represents proceeds from the Sheriff's sale and is needed for vehicle maintenance and repairs. No local funds required. See attached memo, p. 14. The committee recommends approval. 5. (D) The Sheriff requests a General Fund supplemental appropriation in the amount of $627. This amount represents donations to the department. No local funds required. See attached memos, p. 15 — 16. 6. (D) The Sheriff requests a General Fund supplemental appropriation in the amount of $2,330. This amount represents reimbursement for DARE t- shirts. No local funds required. See attached memo, p. 17. 7. (D) The Sheriff requests a General Fund supplemental appropriation in the amount of $4,278.81. This amount represents reimbursements for travel and for the firing range. No local funds required. See attached memos, p. 18 — 20. 8. (Q) The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $4,315.90. This amount represents an insurance reimbursement for a lightning strike at the Public Safety Building. No local funds required. See attached memo, p. 21. 9. (D) The Finance Director requests a General Fund supplemental appropriation in the amount of $5,838.66. This amount represents unspent VJCCCA funds to be returned to the State. See attached letter, p. 22. 10. The County Administrator requests discussion on the Joint Judicial Center Improvement Project. See attached memo, p. 23. The committee postpones awaiting further details. Finance Committee Report and Recommendations December 19, 2012 r a g � 13 11..The Public Safety Committee forwards the Expense Recovery Program to the Finance Committee for further discussion. See attached information, p 24 — 42. The committee postpones awaiting further details. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer report for November 2012. See attached, p. 43. 2. The Finance Director provides 11/30/12 financial statements. See attached, p 44 — 54. 3. The Finance Director provides 12/14/12 General Fund fund balance report. See attached, p. 55. 4. The Frederick County Finance Department has been presented with the GFOA's Distinguished Budget Presentation Award for the FY 2012 budget document. See attached, p. 56. 5. The Metropolitan Washington Ear, Inc. sends a letter of thanks for the County's contribution. See attached, p. 57. Respectfully submitted, FINANCE COMMITTEE Bill Ewing Charles DeHaven Richard Shickle Stephen Swiger By Cheryl B. Shiffler, Finance irector 3 f]ennis D. Linaburg Fire Chief COUNTY OF FREDERICK, VIRGINIA MEMQRANDUM TO: Cheryl Shiftier, Director Finance Department FRDAi: Dennis D. Linaburg, Chief Fire &Rescue Department SUBJECT: Request For Supplemental Appropriation DATE: December 4, 2012 FIR)✓ AND RESCUE DEPARTMENT ]D80 CoverstarGe Drive Winchester, VA 22b02 rr,-i r,,.. ^,,r-,r �- ; �` -- t�' DEC � � �01� i`inance Detsartment The Frederick County Fire and Rescue Department received a grant from the Wal -Mart Foundation in the form of a check (#10532402) in the amount of $1,000. This grant was awarded to the Department to allow us to continue the free Smoke Detector Program we offer to citizen of Frederick County. We request the funds, deposited into Revenue Code 3- 010 - 018990 -0005 during FY12 which were not spent be transferred to line item 3505 -5413 -000 Other Operating Supplies so that we may purchase the necessary smoke detectors for this program. Total Transfer: $1,OOO.U0 If you have any questions ar need additional information regarding this request, please do not hesitate to contact me so I may further discuss these issues. DDL:� lc Attachments. (1) Cc: File Office (544) 665 -561 S diinahur @cc#frederick.�a.us Fax (54(l) 678 -4739 ` �°�t,�� Virginia Department of Emergency Management ,u�' Grant Agreement Page 1 of 4 1. RECIPIENT NAME AND ADDRESS (Induding Zip Code) 4. AWARD NAME: 2012 SHSP Frederick County 5. PROJECT PERIOD: FROM 10/01/12 TO 12131/13 � O7 N. Kent St. SUDGETPERIOD: FROM iDID1112 TO 12/31/13 Winchester, VA 22601 fi. AWARD DATE 11/07/12 2. GRANTEE IRSIVENDOR NO. 7. AMOUNT OF THIS AWARD $ 23,060.00 54- 6001290 8. TOTAL AWARD $ 23,060.00 9. RECIPIENT NON - FEDERAL GOST SHARE REQUIREMENT $ 0.00 3. PROJECT TITLE Haz Mat Team Equipment, Exercise and Training 10. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 11.5TATUTORY AUTHORITY FOR GRANT The pr�ect is supported under pepartment of Homeland Security Appropriations Act, 21112 (Pub3ic Law 112 -74} 12. METHOD OF PAYMENT Commonwealth of Virgirna Accounting System AGENCY APPRQVAL GRANTEE ACCEPTANCE 13, TYPED NAME AND TITLE OF APPROVING VDEM OFFICIAL 14. TYPED NAME AND TITLE OF AUTi- IORIZED GRANTEE OFFICIAL Michael M. Cline John R. Riley, Jr. State Coordinator County Administrator 15. SIGNATURE OF APPROVING VDEM OFFICIAL 16. SIGNATURE LITHO D RECIPIENT OFFICIAL �v� �� 16A. DA /� ��' �'' - Z4l Z� 5 v,� Virginia Department of AWARD CONTINUATfON SHEET �"OEfMtr� Emergency Management � Grant Agreement Page ,� 3 of 4 Award Name: 2012 State Homeland Security Program Grant Award Date: November 7, 2012 5. The recipient shall not undertake (obligatelexpend federal andlor matching funds) any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures, and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in anon- compliance finding and will oat be eligible for FEMA funding. t3. The recipient agrees that federal funds under ihis award will be used to supplement, but not supplant, state or local funds for homeland security preparedness. 7. The recipient agrees that the use of funds under ihis grant will be in accordance with the Fiscal Year 2012 Guidelines and must support the goals and objectives included in the State Homeland Security Strategy, 8. The recipient agrees that all publications created with funding under this grant sha11 prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in ihis document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 9. The recipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 10. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited ta, the provision of any information required for the assessmen# or evaluation of any activities within this project. Mr. John R. Riley, Jr. Page 2 November 7, 2012 if you have questions regarding this award, please contact Amy G. Wright, Grants Administrator, at (804) 897 -9769. Congratulations, and we look forward to working with you. Sincerely, �� = Michael M. Cline MMC /aw Attachment c: The Honorable Terrie Suit, Secretary for Veterans Affairs &Homeland Security Mr. Keith Jenkins, Lieutenant, Frederick County Fire &Rescue ``Working to Protect People, Property and Qur Co�rrmuMities" 7 To: SheriffRolaert Williamson From: inv. Tim Juergens Subject: Computer Forensics Attached is a copy of the Fiscal budget for the Computer Forensic section within Criminal Investigations. In order to address the unit's needs, I must first state the units' current situation. The unit has three members who are in various levels of training from several institutions. Bath Inv. Davis and I are Certified Computer Examiners through the ISFCE (International Society of Forensic Computer Examiners). We began the certification process in Oct. 2011 and completed the program in May 2012. This certification took approx. 720 hours of classroom and self study which consisted of submission of 6 exams which were graded to attain certification. During this certification all three department examiners also went to numerous free schools provided by the National White Collar Crime Center for Computer Forensics and techniques. Although two of the examiners are Certified Computer Forensic examiners we are in need of several additional trainings to enable our examiners to start producing Computer Forensics on evidence computers. Item #15 in the Fiscal Budget lists IACIS training, which is the International Association of Computer Investigative Specialists. This _ training is an accredited Law Enforcement based computer forensic examiner certification which will enhance our examiners experience along with credentials for court. Item #I, #13 and #14 in the Fiscal Budget lists FTK training through Accessdata and Encase software. Both of the training is paramount in that it provides training in the FTK tool and Encase tool which is used to data carve and perform the examinations of the evidence computers. This training will provide us with the one year renewable license for both tools, unlimited training at the Accessdata facility for one year and a certification in the use of both tools. The Encase Passport training provides certification for the use of the Encase software. FTK and Encase are the industry standard tools uscd in the performance of computer forensic examinations. While both tools are very effective by their selves each tool performs different functions better than the other. The industry standard is to use bath tools while doing examinations to ensure that you are extracting all of the data within the evidence computer for presentation in court. The additional forensic software that is needed is Item #2 from the fiscal budget which is the Internet Evidence Finder software. This tool will complete the department's arsenal of forensic software. This tool is the present day industry standard for extracting deleted and undeleted emails, Internet history, all social network information ie. Facebook. This software is necessary to extract the data present primarily in the Internet Crimes against Children cases. 8 �3 The equipment that is presently used and what is needed for the lab is listed in Item #3, 7, S, 9, 10, ] 1, 12 and 16, We presently have two computer forensic computers located in the lab for computer forensics. One FRED (Forensic Recovery Evidence Device) was purchased with sub award grant money by the NOVA DC ICAO in 2009. The other FRED was given to the FCSO in 2012 by the Secret Service which was initially distributed in 2009 to the Front Royal Police department. Both computers are in need of upgrades to speed up the data carving process during the examinations. Both computers are using Windows XP as the operating system and have limited RAM capabilities. The FRED that was received by the secret service has a dual core processor which is limited to only using 8 GB of RAM. To run the FTK software and database you have to have a mir►imum of 8 GB of RAM which is al] this computer can support. The processor for this FRED will only support completing examination of 2 TB (Terabytes) or less. More and more computers have 3 TB of memory installed and we will not be able to perform an • exanunation ofthese computers without updated hardware. The updated hardware will also decrease the amount of time it will take to perform each of the examinations therefore saving payroll. The final listed items #4, #5, and #6, are considered computer forensic examinations stock. Each time an evidence computer is examined, the examiner must create a copy or duplicate of the original evidence. This duplicate has to be placed on another comparable sized hard drive. This copy hard drive is then used for the examination process with the forensic software. This process keeps the original evidence intact. Each year this hard drives will need to be purchased as "the price of doing business" and will probably have to increase in size to accommodate the larger hard drives being produced. With the ever changing technology and products produced, equipment has to continually be up upgraded and training must be accommodated to stay ahead of change. Law Enforcement has changed dramatically. Below is a list of evidence that was seized on 10/18/12 for one 1CAC case. These items that were collected have to be forensically examined by the acceptable Law Enforcement industry standards. We are now faced with technology crimes to include embezzlement, possession of child pornography, Internet related crimes, Internet fraud to name a few and in each case it is a standard that a cell phone, computer or other electronic device or media is collected. At the present time we have to contact local jurisdictions who have in pause forensic examiners and ask far assistance in the examination of "our" evidence. The Virginia State Police provides Forensic examination an our behalf as well but turnaround times are approx. 6 months to a year. While waiting for the evidence to be examined, suspects who we aze waiting to be identified are continuing to commit crimes and in some cases molest children. We also receive calls from defense attorneys, witnesses, suspects and the Commonwealth attorney's office as to when the computers will be returned or charges will be placed. We are now in the 21 rst century and electronic evidence is only going to grow exponentially. This is a warranted program and necessary evil. Thank you for your consideration in this marter. D Electronic media seized on one case, that a Forensic Examination is needed, #12 -82 -02 -2007 Item # 1- Custom Built Computer — Clear Case - Unknown Serial 2- Western Digital External Hard Drive - Serial: WCAES1041327 3- Netgear Storage Center- Sedal:16W3594F0054E 4- Clear Box/Plastic Tote containing the following 7 items 4A- Western Digital 202.6 MB Hard Drive- Mod:WDAC1210 -OOF Ser :WT2590523244 4B- Seagate 4303 MB Hard Drive - Mod :ST34342A Ser:2601364082 4C- Maxtor Hard Drive- Mod:9034OD2 Ser:V224EARA 4D- Maxtor Hard Drive- Mod:91531 U3 Ser:G30V8H5C 4E- Maxtor Hard Drive- Mod:32049H3 Ser:N3H4HCPC 4F- Western Digital 40.0 GB Hard Drive Mod:WD40OBB- OOAUA1 Ser:W MA6R1914521 4G- Western Digital 160.0 GB Hard Drive- Mod:WD1600JB- 75GVAO Ser:WCAL91021524 5- Seagate External Hard Drive w /Power Card- Mod:9SF2A2 -500 Ser:2GHJP2K5 6- Custom Built Black Computer — Gigabytype Ser: RC690KKN11081400299 7- Custom Built Antec Computer 8- Custom Built Silver & Black Computer Ser:012 ?4 ? ?98 9- Blkack Mad Dog External Hard Drive 10- HP Pavilion Laptop Ser:LND9374JO1 11- Silver Custom Computer 12- HP Pavilion Computer Ser: MXK4020VPD 10 COMPUTER FORENSICS AUGUST 22, 2012 BUDGET Item Description Needs and Justification Amount 1 FTK Training (X3) Forensic Tool Kit training is essential to forensic extraction of evidence from computers and hard drives. Once trained on the FTK, we are allowed access to the tool kit. $17,520.00 2 Internet Evidence Finder Software tool that allows investigators to extract deleted and un- deleted emails from the computer and internet history. This tool is a sister tool to FTK. $1325.10 3 FRED, (Forensic Recovery We currently have a FRED, Evidence Device) System (computer that extracts evidence 2X 12GB ECC Ram Kit from suspect computers). The FRED is somewhat dated and works at a lower speed. Having the ECC RAM Kit will speed the FRED up, which will reduce the amount of time needed for the FRED to extract and mirror the suspect com uter hard drive. $600.00 4 Hitachi Deskstar 7K1000 This product is considered Lab Hard Drive (Xi 0) Stock. This is an item that will be used during every download or "mirroring" of suspect computers. Once downloaded, this storage device must be maintained for at least 2 ySars. $999.90 5 WD Caviar Green WD This product is considered Lab 10EARS Hard Drive (X10) Stock. This is an item that wilI be used during every download or "mirroring" of suspect computers. Once downloaded, this storage device must be maintained for at least 2 years. 1 $1 , 139.90 11 6 WD Caviar Green WD This product is considered Lab 15EARS Hard Drive (X4) Stock. This is an item that will be used during every download or "mirroring" of suspect computers. Once downloaded, this storage device must be maintained for at least 2 years. $554.56 7 Tripp Lite 800 6'9 Fire Thip product is considered Lab Wire Cable (X5) Stock. This is an item that will be used during every download or "mirroring" of suspect computers. Once downloaded, this storage device must be maintained for at least 2 years. $79.95 8 Cables to Go IEEE (X2) This product is considered Lab Stock. This is an item that will be used during every download or `mirroring" of suspect computers. Once downloaded, this storage device must be maintained for at least 2 years. $2990 9 Belkin 6 Pro USB This product is considered Lab Extension Cable (X4) Stock. This is an item that will be used during every download or "mirroring" of suspect computers. Once downloaded, this storage device must be maintained for at least 2 years. $27.88 10 Windows 7 (X2) Needed to run FRED computer and related software. $400.00 BREAK BREAK $22 V 677.19 11 HP Laser Jet Pro Used to transfer downloaded evidence to document form. $299.99 12 HP 78A Toner (X4 ) Toner used for item 11. $319.96 13 Encase Software and SMS Encase is sister software to FTK. The Forensic Tool Kit is 1 type of tool used to collect evidence from suspect computer. Even though FTK is a very effective tool, it will not download all suspect computers. Encase software provides software back- up to FTK so that evidence recovery is successful. $3,593.00 12 14 Encase Passport Training Encase software is not allowed to be used by forensic computer examiners without certified training. $5,500.00 15 IACIS Training (X3) Advanced computer examiner training that is more Law Enforcement based. $7,485.00 16 FRED System Forensic Recovery Evidence Device is essential to the successful downloading and mirroring of suspect computers. Our current FRED is somewhat dated. Having a FRED with current technology would provide a more stable platform for computer forensic recovery and a greater assurance of comp lete evidence download. $9 Total Total $48,87 13 ROBERT T. WILLIAMSON Sheriff 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax (5401504-6400 TO : Angela Whitacre — Treasurer's Office FROM : Sheriff Robert T. Williamson O� SUBJECT : Proceeds from Sheriffs Sale /Public Auction MAJOR R. C. ECKMAN Chief Deputy DATE : October 2, 2012 The Frederick County Sheriff's Office held a public auction on Wednesday, September 26, 2012 where cruisers, abandoned vehicles and other unclaimed property were sold.. Attached please find a check in the amount of $18,955.56 made payable to the County of Frederick. This amount represents our department's proceeds from the sale. We are requesting this amount be posted to revenue line 3010 - 015020 -0007 (1014). A separate memo will be sent to Finance requesting this amount to be appropriated into our operating budget. Thank you. RTW /asw u- Olo- p3i�ao- 3oo`f o -c0a Cc: Finance Department FREDERICK COUNTY SHERIFFS OFFICE CIVIL FEES PH: 540 - 662 -5168 1080 COVERSTONE DR WINCHESTER, VA 22602 Pay to the '.�� order of 438 q � 5+ 1 68- 251/514 O6 Date C.S. 1DI12112 11 t% Ja' t O ft, e Counly Shey&•s Ak 00 flog � �un� Sheers qW00 ROBERT T. WILLIAMSON Sheri MAJOR R. C. ECKMAN Chief Deputy 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 TO : Angela Whitacre — Treasurer's Office FROM : Sheriff Robert T. Williamson SUBJECT : Donation Check DATE : September 21, 2012 Attached is a check from the Town of Berryville in the amount of $600.00. This check represents a donation from the Town of Berryville for the services of our dive team. We are requesting this amount be posted to l OCR -3- 010 - 018990 -0006. A separate memo will be sent to Finance requesting appropriation into our budget. Thank you. y - () l 0 - 0 1 () - 1 6 +()q -o 00 - 00 l RT W /asw Cc: Finance 15 01�) -EVA I& 8 UYTS Pay to the Order of �. , , -,—\- - . � 1; 2520 SD-912/313 ' 330 � Date .� + -\ $ Dollars Susquehanna Bank Fax(540)504 -6400 .* C%O AJOR R. C. ECKMAN Chief Deputy TO : Angela Whitacre — Treasurer's Office FROM : Sheriff Robert T. Williamson SUBJECT : Donation - Check DATE : December 7, 2012 Attached please find a check in the amount of $27.00 from Eva M. Butts. This check represents a donation to the department for the safe keeping and care of her goats that were found last month in Frederick County. Please post this amount, $27.00, to 3- 010 - 018990 -0006 (1 OCR). A separate memo will be sent to the Finance Department requesting this amount be appropriated into our budget. Thank you. 3 - 0 i) -0 - 3� oa0- 5L1 \: 00o RTW /asw CC: Finance Department C,.S 16 b� fled Cou � Sheers 0*00 ROBERT T. WILLIAMSON Sheriff 1080 Caverstane Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 TO : Finance Department FROM : Sheriff R. T. Williamson 1� SUBJECT : Budget Appropriation - DARE donations MAJOR R. C. ECKM AN Chief Deputv DATE : November l6, 2012 Attached please find a copy of a memo sent to the Treasurer's Office in referee a to donations received for the DARE program. 3_ 1 O, _ 01t9q 1D - 01D\5 0 Dd l� A fund transfer request (#13050) was approved on November 14` transferring funds from 3102- 5401 -000 to the DARE line of 3102 -5413 -001 to cover the purchase of DARE t- shirts therefore, we are requesting this amount, $2330.00 be appropriated back into our operating line of 3102- 5401 -000. Thank you. RTWlasw Attachment C. u��a��v 17 FrEd� n� M . ffeI� county Sheer ROBERT T. WILLIAMSON Sheriff 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 TO : Angela Whitacre — Treasurer's Office FROM : Sheriff Robert T. Williamson SUBJECT : Use of Range - Payment DATE : November 16, 2012 MAJOR R. C. ECKMAN Chief Deputy Attached please find a check from the United States Army Corps of Engineers in the amount of $500.00. This amount represents a quarterly payment for use of our firing range. We are requesting this amount be appropriated into revenue line 3010 - 019110 -0058 (10FL). A separate memo will be sent to Finance requesting appropriation into our operating budget. Thank you. l - be �`� q RTW /asw Cc: Finance Department Attachment C ��\A��2-- im 0 J s� aunty voo ROBERT T. WILLIAMSON Sheri shearr 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax (540) 504 -6400 TO : Angela Whitacre —Treasurer's Office FROM : Sheriff Robert T. Williamson SUBJECT : Reimbursement - Extraditions MAJOR R. C. LCKMAN Chief Deputy DATE : November 16, 2012 Attached please find checks totaling $3,469.73 from the Commonwealth of Virginia, Circuit Courts for reimbursement for extraditions conducted by our department. We are requesting this amount be posted to revenue line 3010 - 019110 -0058 (10FL). A separate memo will be sent to Finance requesting appropriation into our operating budget. Thank you. 0- o31oao- 55�0�- 0 I RTWlasw Cc: Finance Department Attachment C's �� '1a�p_ 19 o`� aerie County Shey�• oft Ge ROBERT T. WILLIAMSON Sheriff 1080 Coverstone Drive Winchester, Virginia 22662 (540) 662 -6168 Fax (540) 504 -6400 TO : Angela Whitacre — Treasurer's Office FROM : Sheriff Robert T. Williamson SUBJECT : Reimbursement — Travel Expenses D : November 16, 2012 MAJOR R. C. ECKMAN Chief Deputy Attached please find a check from the Commonwealth of Virginia — Department of Forensic Science in the amount of $309.08 made payable to Deputy Brian Thomas. This check represents reimbursement for a training class he and Deputy Suire attended in October. We are requesting this amount be posted to 3010 - 019110 -0058 (1 OFL), A separate memo will be sent to Finance requesting appropriation. Thank you. RTWfasw L4 - v- o3loao- 55b(�--a� Cc: Finance Department Attachment 20 o� COUNTY of FREDERICK �Kris C. Tierney MEMORANDUM Assistant County Administrator __] 5401665 -5666 Fax 5401667 -0370 TO: Finance Committee E -mail; ktierney @ co . frederi ck. va:us FROM: Kris C. Tierney, Assistant County Administrator RE: Request from Supplemental Appropriation - Insurance Payment for Property Damage DATE: October 5, 2012 The County has received an insurance payment in the amount of $4,315.90 as partial payment for repair costs resulting from an August, 2012 lightning strike at the Public Safety Building. The payment reflects the cost of repairs, minus the $1,000 deductible. Attachments document the transaction. We are requesting the funds be placed back in the Maintenance Department's 010 - 043040- 3004 -00 -006 line item. Please let me know if I can answer any questions. L GS 1o�3I 3-0 oMao -00 107 North Kent Street - 2 Winchester, Virginia 22601 d$ 1� 01 ol Mark A. Gooch COMMONWEALTH of VIR Director Department of Juvenile Justice November 16, 2012 Ms, Julie Van Winkle 26` District Court Service Unit 5 N. Kent Street Winchester, Virginia 22601 Dear Ms. Van Winkle: 0 ,31 — �� cp '5?S S 0 C 3 � r • •Liol el F. 36ickson iefDeputyRDirec The VJCCCA FY2012 end of the year expenditure report has been reviewed. A Fiscal Adjustment Form (FAF), which records the movement of funds from program to program during the year, has been received,. The Compliance Certification Form, which attests that all funds were expended as reported in the Department's Community Programs Reporting (CPR) System, has been signed by the county administrator and returned to us. According, to the report, Frederick/Winchester /Clarke expended $115,373.34 of its approved adjusted budget of $121,212,00_ The breakdown of funds expended is as follows: Required Maintenance of Effort $ 0.00 State Funds Expended $ 115,373.34 Total Expenditures $ 115,373.34 A total of $121,212.00 in state funds was provided to the locality. Because the state funds were not totally expended, we request that the balance of $5838.66 be returned to the state. Additional funds for FY13 cannot be released for your locality until the FY12 unexpended funds are returned. Please make your check payable to Treasurer, State of Virginia, and mail it to: Department of Juvenile Justice Petty Cash Cashier P. a. Sox 1110 Richmond, Virginia 23218 -1110 We thank you for your attention to this request and for all that Frederick and Clarke Counties and the City of Winchester do for their youth and families before the 26th District Juvenile and Domestic Relations Court and Court Services Unit. Sincerely, �� /� An e]a Via entine Community Programs Manager cc: David L, Ash, County Administrator — Clarke County Craig Gerhart, City Manager — City of Winchester John R. Riley, County Administrator — Frederick County Main Street Center • 600 East Main Street w 20th Floor • PO Box 1110 • Richmond, Virginia 23218 804.371.07Q¢ Fax: 804.371.6490 11 0�1 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 5401665 -5666 Fax 5401667 -0370 E -mail: jriley @co.frederick.va.us MEMORANDUM TO: Finance Committee FROM: John R. Riley, Jr., County Administrator SUBJECT: Joint Judicial Center Improvement Projec DATE: December 12, 2012 The Joint Finance Committee met on Thursday, December 6, 2012 and received an update regarding improvements to the Joint Judicial Center to accommodate needed courtroom and office renovations to address deficiencies cited in the attached summary. The City advised they were appropriating $150,000 in FY 2013 toward the cost of the project design and were looking to Frederick County to appropriate a similar amount in FY 2013 to fund the design of this project. This request from the Joint Finance Committee is being brought to the Finance Committee for discussion and consideration. It should be noted that the total project cost, excluding design is $3.5 million, which would be shared equally between the City and the County. The City advised they would be seeking appropriations from Frederick County in FY 2014 and FY 2015 in the amount of $875,000 each fiscal year to cover the County's share of $1,75 million cost. JRR/j et Attachments 107 North Kent Street • ,Winchester, Virginia 22601 1�1 COUNTY of FREDERICIC, *iRGINU -DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstoae Drive, Winchester, VA 22602 t„ MEMORANDT IIZ .... LeeAnna Pyles Director, :. ,Public Safety TOc Board of Supervisors : Communications FRU11:.. LeeAnna Pyles, -Director Public Safety Coriimunications SUBJECT. Public Safety Committee Meeting; p s Re' orf for Noverriber 26 -2012 .. .. - DATE: .:.: Noveriiber 19, .. ineeiing of the Public Safety:Committee w'asheld on Aiionday�Noveirnber 26;`:2012 et 8:30 a;in. A at the Frederick Co unty 'Public Safety Building 1080 Coverstone Drive, Winchester, NA Committee members present were: airman Gary Lofton,.Ran Willtins; Chuck Totpy;'Chris Collins ;: and Lindsay:'Meiiibers Asent were: Gene Fisher; : Also hi4ttendance were : County Adr istrator Johit Riley, Public Safety, File & Rescue Association President .Tini Hide,-' Sh6 if Robert T.. Williamson, . County .Att6t ey Williams; Fire Chief Denri Uriabusg -arid Deputy'Emergency Mainagement Coordinator Chester Lauck. The folio vfng item wasdiscussed: * lXmformation my * ** )<.. E pense:Recoyet* P06 ii`ani (See Attached the lJxpense Recovery l'lau (Revenue' The omnuttee. re viewe d and d cusse isd C ecovezy) which entailed the current M4U, dividing of.fiinds recovered by the program, aril its impact on fhe 11 volunteer companies. The Committee agreed "on hd ciistrzlaiztiori of the revenue colleetionsy g p y, g tine 11i1CU. An approxirriate 3 °fo :.:..: . additional fee would`be added to cover medical supply ream d so£t bilhn as outhned ireviousl and the . ener terms o btitrsement; .cited Chief Lauclt; There wa.s concern expressed as to'how the reveaiue (i.e. general fiaiziid;:FBiRfund) would be allocated onoe recovered, .Ilpon'a motion by Chairrrriati Lofton; seconded by Ntt..Lii�dsay tte Coininittee unanimously voted to move the issue of Expense Recovery to :the Finance :Coinn7ittee; where, the . Public Safety Committee would discuss the fifiaricial aspect of the monies allocated with the . Finance Committee. This" meeting would also help to develop a system fo mange and track funds that are collected:from-the Expense Recovery Prograrti "which would be allocated to a separate . fund until the success of the program can be rneasure& s With the Pinance Cb1im' ittees 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 2 Fax'(540) 723.8848 U 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, DTr Communications LPlsds Gene Fisher Ronald Wilkins Glen Williamson Chuck Torpy 25 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 W 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 W 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. 27 m V n at m .-1 at N n V N m n 10 O .--I 00 a M lD M --i 00 _ N N n N l0 m m n m F m N O m 0 m o 0 n n O O n l0 M N m N m m m O ce N to N O m m n m lD m m n ei Ol 1p 00 W V N M n m l0 m n O V Ot N V) N V Ill 1� O• 01 O N V u] Ot Ol lD N 0� m F c � 4/F m m n v, m N Ol N I� a s ao Ol ' y O l0 N l0 .-I lD n M V Il] H OD Ol M � Ol Ol .-I l0 N n W 00. V] Ill j m V N n 01 N Ot C Vl ~ ao C o 0 1' N n N N N l0 N O N a� N 0 .-I O H O O N O O m IL H o l0 Do N O Ill V1 N m m n m O n m In m m m In Ill n In to m m m o n ul 10 d W { n V F m l0 N m m N IO H N O Q N tR O O O u5 0 0 0 0 0 0 0 u1 N N V n M l0 M lD Ol lD Il] OO m a w n o m o to N o to In H {lh r, 0 00 m N M n lD m m 0 0 C N N M� M l0 l0 N n m C W � G 'O d 10 J 1 m m m m ry I o o � o I � c m H 0 0 0 0 0 0 0 0 0 0 0 0 m m O m a m 0 n V N co o — m N m M m m ei O J N N Q 1p N M H Vf J Q O O O O O O O O O O O o O Im O m m w O O In V1 w m m Ol m O M m m m m M n M — m� 0 m N N Ol V Ot N N O IL O N V N Il] Ol m IO m N M Q N n N m N CA O N VI I O a c l0 F T d O r c n. E u 00 N N O l0 N n n m l0 m n m n N to O u] to n 10 N m 0 IA O M O I!l ll1 M M C m N N N N M N N N f0 N Ifl n M n n Gl 1p 1p Ol Ol F N cl n 4 O M M VI O n o O O H l0 00 00 N O O O Ill o 0 o o o o 0 m O N m m O N N V m m t � — m .-I a m v .-I n to o l0 an m m ry l` a m ry y{ N N m rl {/! OJ C O O O O 00 n l/1 O 00 N n 6 v n N m o m m o N N a r M m a m n v n o E o ` N .. U x m C W T rl N N N O C7S C O o w 0 w ? 2 O 3 ` v c °- m E v m a v al z z v E a Vl m z — _ � o \ c T t O o Ln c v v m Q Q2 o o o o O o t .--I '-I f- o f o 0 0 U u n N m N CA O N VI I O a c l0 F T d O r c n. E u 00 N 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 29 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 30 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 3 31 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 32 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 33 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: 3 Date: 34 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: 4 35 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: 5 Date: NET MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21, INCORPORATED Title: Date: 37 COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1.080 Coverstone Drive Winchester, VA 22602 William R. Bowrnaster. Sr. Deputy Chief Qperarions Division MEMORANDUM TO; Public Safety Committee FROM: Dennis I_inaburg . Chief SUBJECT. EMS Services Synapsis DATE: November 14, 2012 Richmond Ambulance Authority In 1991, 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 all 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 ; 4 staging" units in high call areas. When one ambulance responds to a call, 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 • wbowniast936frederiek.va.us Fax (540) 678 -4739 Green Counly EMS Green County is the smallest county in Virginia at 126 square miles. It has a call volume of approximately 2,100 calls per year. Greene County RescLJe is the only FMS transporting agency within the county. This is a volunteer chartered organization that provides the buOding and transport units. The county has contracted UVA Medic V in lieu of hiring staff for the station. They provide 24/7 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. 39 Location Size Population Local housing units Median family income Residents below poverty line •' 2009 Non - Emergency Total Statistics Emergency Responses Tra nsports 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 Chit of tire, City of Richmond, Virginia) Statements of Net Assets Years ended June 34, 2011 and 2010 Operating revenues: Service revenue Provision for contractual adjustments and doubtful accounts Net operating revenues Operating expenses: Salaries and related benefits Health insurance `W'orker's compensation Depreciation and amortization Professional services Collection expenses Marketing and advertising Office expenses Volunteer squad support Telephone Communications Public information Postage and shipping Occupancy Other Insurance Printing and artwork Travel Medical supplies and equipment Recruiting and background investigations Vehicle fuel and tolls Vehicle repairs and maintenance Uniforms and laundry Total operating expenses Operating loss Nonoperating revenues (expenses): City of Richmond subsidy Interest income, net of interest expense of $33,126 in 2011 and $41,635 in 2010 Miscellaneous revenue Total nonoperating revenues, net Change in net assets Net assets at beginning of year Net assets at end of year 2011 2010 22,064,478 S 21,007,384 12, 794,171 9,450,261 9,270,307 11,557,123 9,467,002 8,974,814 929,183 971,118 379,696 383,296 975,462 1,006,782 424,944 430,013 47,277 65,977 54,382 24,029 336,553 372,817 48,000 48,000 164,953 183,360 71,140 72,637 48,454 38,517 58,034 61,887 164,961 183,164 83,467 93,293 144,843 137,505 4,929 2,187 45,536 34,423 609,260 537,171 58,335 58,089 472,466 389,131 328,694 355,112 71,183 53,228 14,988,754 14,476,550 (5,718,447) (2,919,427) 4,450,000 (31,380) 153,729 4,572,349 4,300,000 (41,02.6) 24,583 4,283,557 (1,146,098) 1,3 64,130 9,928,119 8,563,989 $ 8,782,021 $ 9,928,119 !II RICHMOND AMBULANCE AUTHORITY (A component Unit of the City of Richmond, Virginia) Statements of Net Assets Years ended dune 30, 2011 and 2014 Capital assets, net: Vehicles and ambulances 2011 2010 Assets: 374,797 365,743 Current assets: 2,299,702 2,299,707 Cash S 1,939,536 S 2,165,984 Restricted cash - 100,000 Short -term investments 999,756 - Total cash 2,939,292 2,265,984 Receivables: (6,207,519) (6,183,867) Service accounts, net of allowance for contractual adjustments 4,098,961 4,137,807 and doubtful accounts 2,238,603 4,831,071 Other 32,03+0 4,829 Total receivables 2,270,633 4,835,900 Reusable supplies 268,199 263,758 Other current assets 540,019 376,690 Total current assets 6,018,143 7,742,332 Capital assets, net: Vehicles and ambulances 4,135,239 4,107,069 Building and improvements 374,797 365,743 Communications center 2,299,702 2,299,707 Communications equipment 518,955 789,356 Medical equipment 1,739,524 1,635,120 Office furniture and equipment 1,151,131 1,037,557 Shop equipment 87, 132 87,132 Less accumulated depreciation (6,207,519) (6,183,867) Total capital assets, net 4,098,961 4,137,807 Total assets 10,117,104 11,880,139 Liabilities: Current liabilities: Accrued expenses 647,455 582,064 Accrued payroll 113,134 391,108 Deferred revenue 37,341 33,576 Current installments of obligations under capital lease 163,728 140,460 Current installments of long -term debt 118,948 183,142 Total current liabilities 1,080,606 1,330,350 Noncurrent liabilities; Clue in more than one year: Obligations under capital lease, excluding current installments 254,477 502,722 Long -term debt, excluding current installments - 118,948 Total liabilities 1,335,083 1,952,020 Net assets: Invested in capital assets, net of related debt 3,640,544 3,391,221 Unrestricted 5,14I,477 6,536,898 Total not assets S 8,782,021 S 9,928,119 :1P 11/30/2012 FY13 Budget Transfer Report for November PAGE 1 DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 11/1/2012 SHERIFF PROMOTION 31021002 000 085 (1,416.94) SHERIFF 31021001 000 031 1,416.94 11/14/2012 SHERIFF PURCHASE DARE T- SHIRTS 3102 5401 000 000 (2,331.79) SHERIFF 3102 5413 000 001 2,331.79 11/14/2012 PUBLIC SAFETY COMMUNICATIONS WEATHER PROGRAM COST 3506 5204 000 000 (1,600.00) PUBLIC SAFETY COMMUNICATIONS 3506 3010 000 000 1,600.00 11/15/2012 COUNTY OFFICE BUILDINGS /COURT WATERAND SEWER BILLS 4304 5407 000 000 (2,000.00) COUNTY OFFICE BUILDINGS /COURT 4304 5103 000 000 2,000.00 11/26/2012 MAINTENANCE ADMINISTRATION REIMBURSE TONY RILEY FOR ELECTRICIAN LICENSE 43015401 000 005 (90.00) MAINTENANCE ADMINISTRATION 4301 5506 000 000 90.00 11/30/2012 ECONOMIC DEVELOPMENT COMMISSION OTHER OPERATING SUPPLIES 8102 3002 000 017 (3,000.00) ECONOMIC DEVELOPMENT COMMISSION 8102 5413 000 000 3,000.00 12/5/2012 ECONOMIC DEVELOPMENT COMMISSION JOTHER OPERATING SUPPLIES 1 8102130021 0001 006 (2,000.00) ECONOMIC DEVELOPMENT COMMISSION 8102154131 0001 000 2,000.00 12/5/2012 1 CLEARBROOK PARK ISUPPLIES FOR WINTER WONDERLAND 1 7109154131 0001 000 (480.09) CLEARBROOK PARK 1 1 7109154121 0001 000 480.09 12/6/2012 SHERIFF TRUCK FOR ANIMAL CONTROL 3102 5408 0001 000 (3,460.00) SHERIFF 1 1 3102180051 0001 000 3,460.00 43 County of Frederick General Fund November 30, 2012 ASSETS FY13 FY12 11/30/12 11/30/11 Increase (Decrease) Cash and Cash Equivalents Petty Cash Receivables: Taxes, Commonwealth, Reimb. P/P Streetlights Commonwealth,Federal,45 day Taxes Due from Fred. Co. San. Auth. Prepaid Postage GL controls (est.rev / est. exp) TOTAL ASSETS LIABILITIES Accrued Liabilities Performance Bonds Payable Taxes Collected in Advance Deferred Revenue TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrance General Fund Conservation Easement Peg Grant Prepaid Items Advances Employee Benefits Courthouse ADA Fees Historical Markers Transportation Reserve Animal Shelter Proffers Economic Development Incentive Star Fort Fees VDOT Revenue Sharing Undesignated Adjusted Fund Balance TOTAL EQUITY TOTAL LIAB. & EQUITY 59,220,204.54 54,236,784.28 1,555.00 1,555.00 16, 731, 001.74 15, 334, 665.82 4,092.28 5,007.13 36,098.13 46,885.42 734,939.23 734,939.23 5,330.03 5,030.12 (10,631,299.99) (5,576,576.70) 66,101,920.96 64,788,290.30 4,983,420.26 *A 0.00 1,396,335.92 *B (914.85) (10,787.29) 0.00 299.91 (5,054,723.29) (1) Attached 1, 313, 630.66 345,653.83 201,252.22 144,401.61 *C 1,548,937.96 1,570,663.82 (21,725.86) 188, 838.38 135, 933.01 52, 905.37 16.771.461.44 15,346,688.22 1,424,773.22 *D 18,854,891.61 17,254,537.27 1,600,354.34 219,817.99 103,000.67 116,817.32 (2) Attached 2,135.00 1,635.00 500.00 128,354.00 118,448.40 9,905.60 949.63 949.63 0.00 734,939.23 734,939.23 0.00 93,120.82 93,120.82 0.00 124,084.63 75,601.48 48,483.15 17,221.08 17,177.73 43.35 438,300.00 438,300.00 0.00 325, 780.61 309, 579.84 16, 200.77 2,305,873.65 2,240,089.10 65,784.55 (3) Attached 550,000.00 687.01 549,312.99 *E 0.00 4,261.53 (4,261.53) 436,270.00 436,270.00 0.00 41,870,182.71 42,959,692.59 (1,089,509.88) (4) Attached 47,247,029.35 47,533,753.03 (286,723.68) 66,101,920.96 64,788,290.30 1,313,630.66 NOTES: *A The cash increase reflects prior year surplus. *B The increase in taxes receivable was impacted by the increased real estate tax rate and on the assessments of real property and personal property. *C The difference is a result of employer health insurance costs being collected a month in advance. *D Deferred revenue includes taxes receivable, street lights, misc.charges, dog tags, and motor vehicle registration fees. *E The current $550,000 represents Carmeuse Lime and Stone local incentive. i, BALANCE SHEET (1) GL Controls FY13 FY12 Inc /(Decrease) Est. Revenue 123,110, 207 121,428,908 1,681,298 Appropriations (57,737,403) (55,364,390) (2,373,012) Est.Tr.to Other fds (76,223,922) (71,744,095) (4,479,826) Encumbrances 219,818 103,001 116,817 2,305,873.65 (10,631,300) (5,576,577) (5,054,723) (2) General Fund Purchase Orders Outstandine Balance(@11 /30/12 DEPARTMENT EDC Fire & Rescue Parks Sheriff Total Amount Description 3,587.37 Luncheon -30TH Anniversary 3,200.00 SCBA Cylinders,Packs & Parts 3,695.62 Uniforms 14,017.00 Uniforms 3,040.00 Winter Wonderland Display 38,990.90 Net Motion Software Establishes Secure Connection 2,850.95 Decontamination Shower 39,900.00 75 Vehicle Mounts for Computers 6,995.00 Digital Tactical Wireless Mount 9,584.00 Mobile Forensic Solution Kit 2,500.00 Dare Tshirts 76,839.68 32 Radios 9,125.00 5 Radar Units 2,990.00 10 Alco Sensors 2,502.47 Gas Meter 219,817.99 Designated Other Projects Detail Administration 126,243.54 Bridges Designated Historic Preservation (3)Proffer Information Library 14,907.00 Other 10,000.00 SCHOOLS PARKS FIRE & RESCUE Projects TOTAL Balance '!1 /30/12 1 722,838.19 105,037.47 305,573.45 1,172,424.54 2,305,873.65 Designated Other Projects Detail Administration 126,243.54 Bridges 43,700.00 Historic Preservation 58,000.00 Library 14,907.00 Rt.50 Trans.lmp. 10,000.00 Rt. 50 Rezoning 25,000.00 Rt. 656 & 657 Imp. 25,000.00 RT.277 162,375.00 Rt.11 250,000.00 Rt.11 North -Fort Collier -Rt.7 400,000.00 Sheriff 19,199.00 Solid Waste 12,000.00 Stop Lights 26,000.00 Total 1,172,424.54 Other Proffers @11/30/12 (4) Fund Balance Adjusted Beginning Balance 11/30/12 23,568,469.42 Revenue 11/12 44,933,395.58 Expenditures 11/12 (21,561,638.61) Transfers 11/12 (5,070,043.68) 11/12 Adjusted Fund Balance 41,870,182.71 45 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance November 30, 2012 EXPENDITURES: General Administration 8,279,541.44 FY13 FY 12 YTD Judicial Administration REVENUES: 777,795.62 11/30/2012 11/30/2011 Actual 25,402,814.13 10,977,892.37 Appropriated Actual Actual Variance 1,500,265.98 General Property Taxes 82,285,000.00 25,342,481.49 23,271,185.11 2,071,296.38 (1) Other local taxes 27,145,651.00 6,991,572.49 6,519,710.09 471,862.40 (2) Permits & Privilege fees 904,250.00 510,770.02 457,034.99 53,735.03 (3) Revenue from use of money 712,580.93 678,399.44 34,181.49 TOTAL EXPENDITURES 54,405,879.20 and property 154,545.00 185,611.62 114,479.28 71,132.34 (4) Charges for Services 2,250,180.00 899,267.02 899,404.81 (137.79) Miscellaneous 749,791.85 199,908.32 167,095.54 32,812.78 Recovered Costs 746,275.00 852,718.36 551,351.45 301,366.91 (5) Intergovernmental: Commonwealth 8,679,400.94 9,922,250.80 10,064,240.85 (141,990.05) (6) Federal 195,112.71 28,815.46 76,502.95 (47,687.49) (7) Transfers 0.00 0.00 0.00 0.00 TOTAL REVENUES 123,110,206.50 44,933,395.58 42,121,005.07 2,812,390.51 EXPENDITURES: General Administration 8,279,541.44 2,847,912.67 2,827,963.93 19,948.74 Judicial Administration 2,107,940.10 777,795.62 739,598.02 38,197.60 Public Safety 25,402,814.13 10,977,892.37 10,262,700.94 715,191.43 Public Works 4,373,967.73 1,500,265.98 1,252,468.42 247,797.56 Health and Welfare 7,105,292.00 2,576,461.90 2,745,778.11 (169,316.21) Education 56,493.00 28,246.50 28,246.50 0.00 Parks, Recreation, Culture 5,261,636.92 2,140,482.64 2,133,667.20 6,815.44 Community Development 1,818,193.88 712,580.93 678,399.44 34,181.49 TOTAL EXPENDITURES 54,405,879.20 21,561,638.61 20,668,822.56 892,816.05 (8) OTHER FINANCING SOURCES ( USES): Operating transfers from / to 79,555,445.28 5,070,043.68 1,702,077.12 3,367,966.56 (9) Excess (deficiency)of revenues & other sources over expenditures & other uses (10,851,117.98) 18,301,713.29 19,750,105.39 1,448,392.10 Fund Balance per General Ledger 23,568,469.42 23,209,587.20 358,882.22 Fund Balance Adjusted to reflect 41,870,182.71 42,959,692.59 (1,089,509.88) Income Statement @11/30/12 i P (1)GeneralProperty Taxes FY13 FY12 Increase /Decrease Real Estate Taxes 16,327,119 15,174,868 1,152,251 Public Services 227,532 117,474 110,058 Personal Property 8,400,734 7,554,565 846,169 Penalties and Interest 265,930 258,673 7,257 Credit Card Chgs. /Delinq.Advertising 1 (13,835) (11,899) (1,936) Adm.Fees For Liens &Distress 135,001 177,504 (42,503) 20,249.77 25,342,481 23,271,185 2,071,296 (2) Other Local Taxes Local Sales & Use Tax Communications Sales Tax Utility Taxes Business Licenses Auto Rental Tax Motor Vehicle Licenses Fees Recordation Taxes Meals Tax Lodging Tax Street Lights Star Fort Fees Total (3)Perm its &Privileges Dog Licenses Land Use Application Fees Transfer Fees Development Review Fees Building Permits 2% State Fees Electrical Permits Plumbing Permits Mechanical Permits Sign Permits Permits for Commercial Burning Explosive Storage Permits Blasting Permits Land Disturbance Permits Sewage Haulers Permit Sewage Installation License Residential Pump And Haul Fee Total (4) Revenue from use of Money Property *Sale of Stephens City School($99,025) 2,857,654.34 2,620,335.90 237,318.44 337,589.56 327,872.50 9,717.06 847,024.15 921,288.47 (74,264.32) 708,628.70 501,735.41 206,893.29 47,856.40 27,606.63 20,249.77 236,896.07 260,760.40 (23,864.33) 545,668.48 437,031.05 108,637.43 1,240,363.88 1,246,820.87 (6,456.99) 150,927.78 158,700.57 (7,772.79) 15,313.96 14,495.08 818.88 3,649.17 3,063.21 585.96 6,991,572.49 6,519,710.09 471,862.40 17,137.00 23,929.00 (6,792.00) 6,475.00 4,218.00 2,257.00 1,034.10 974.70 59.40 134,009.24 53,019.00 80,990.24 272,519.76 257,945.74 14,574.02 3,044.50 2,110.80 933.70 30,043.00 49,675.00 (19,632.00) 4,730.00 14,905.00 (10,175.00) 20,567.42 31,732.75 (11,165.33) 1,380.00 1,310.00 70.00 275.00 25.00 250.00 500.00 200.00 300.00 105.00 90.00 15.00 18, 600.00 16, 800.00 1,800.00 - 100.00 (100.00) 300.00 - 300.00 50.00 - 50.00 510,770.02 457,034.99 53,735.03 57,347.27 99,840.78 (42,493.51) 128,264.35 14,638.50 113,625.85 - 1 185,611.62 114,479.28 71,132.34 47 (5) Recovered Costs FY13 FY12 Increase /Decrease Recovered Costs Treas. Office 42,577.25 41,355.00 1,222.25 Worker's Comp 500.00 450.00 50.00 Purchasing Card Rebate 96,305.09 93,020.92 3,284.17 Reimbursement Circuit Court 5,754.79 10,121.83 (4,367.04) Clarke County Container Fees 23,738.84 14,987.09 8,751.75 City of Winchester Container Fees 6,646.76 4,392.55 2,254.21 Refuse Disposal Fees 23,849.99 15,352.97 8,497.02 Recycling Revenue 50,905.37 37,123.43 13,781.94 Fire &Rescue Merchandise (Resale) 36.10 - 36.10 Container Fees Bowman Library 410.65 709.20 (298.55) Restitution Victim Witness 3,124.53 429.57 2,694.96 Reimb.of Expenses Gen.District Court 14,585.19 10,841.92 3,743.27 Reimb. Public Works Salaries 41,682.00 465.24 41,216.76 Reimb. Of Expenses AD Court - 2,814.15 (2,814.15) Winchester EDC 36,000.00 36,000.00 - Reimb.Task Force 21,961.25 24,368.52 (2,407.27) C &P Jail (60.00) - (60.00) EDC /Recovered Costs 480.00 119.95 360.05 Sign Deposits Planning (200.00) 25.00 (225.00) Reimbursement Elections - 2,500.00 (2,500.00) Westminister Canterbury Lieu of Tax 12,260.55 12,260.55 - Reimbursement Street Signs 2,147.89 - 2,147.89 Grounds Maintenance Frederick Co. Schools 58,334.86 80,101.74 (21,766.88) Comcast PEG Grant 30,441.60 15,232.40 15,209.20 Proffer -Other 5,000.00 5,220.50 (220.50) Fire School Programs 13,490.00 14,831.47 (1,341.47) Proffer Sovereign Village 18,293.65 10,976.19 7,317.46 Proffer Lynnehaven 16,891.55 16,891.55 - Proffer Redbud Run 70,994.00 70,994.00 - Clerks Reimbursement to County 5,093.46 5,782.47 (689.01) Village at Harvest Ridge 6,156.00 - 6,156.00 Proffer Snowden Bridge 208,704.64 19,220.36 189,484.28 Proffer Meadows Edge Racey Tract 10,072.00 - 10,072.00 Sheriff Reimbursement 25,540.35 1 4,762.88 20,777.47 Westbury Commons Proffer 1,000.00 1 - 1,000.00 Total 852,718.36 1 551,351.45 301,366.91 W (6) Commonwealth Revenue 11/30/12 11/30/11 FY13 FY12 Increase /Decrease Motor Vehicle Carriers Tax 34,612.37 30,284.33 4,328.04 Mobile Home Titling Tax 39,822.54 53,656.47 (13,833.93) State PP /Reimbursement 6,526,528.18 6,526,528.18 - Recordation Taxes 154,634.04 148,773.26 5,860.78 Shared Expenses Comm.Atty. 144,770.92 159,068.75 (14,297.83) Shared Expenses Sheriff 754,070.18 780,506.07 (26,435.89) Shared Expenses Comm.of Rev. 64,709.41 47,427.39 17,282.02 Shared Expenses Treasurer 47,391.44 47,367.06 24.38 Shared Expenses Clerk 130,640.95 129,785.11 855.84 Public Assistance Grants 1,500,381.39 1,663,393.79 (163,012.40) Litter Control Grant 17,573.00 12,177.00 5,396.00 Emergency Services Fire Program 251,910.00 191,433.00 60,477.00 Recycling Grant 5,489.94 - 5,489.94 DMV Grant Funding 18,907.66 17,501.71 1,405.95 DCJS & Sheriff State Grants 25,073.79 25,148.78 (74.99) JJC Grant Juvenile Justice 64,180.00 64,180.00 - Rent /Lease Payments 98,836.58 138,201.80 (39,365.22) Spay /Neuter Assistance -State 272.65 218.28 54.37 Wireless 911 Grant 5,910.76 - 5,910.76 State Forfeited Asset Funds 6,012.25 24,573.98 (18,561.73) Victim Witness - Commonwealth Office 25,055.75 - 25,055.75 VA Dept of Health Biosolids - 1,588.89 (1,588.89) Social Services VOCA Grant 3,325.00 285.00 3,040.00 F/R OEMS Reimb. 2,142.00 2,142.00 - Total 9,922,250.80 10,064,240.85 (141,990.05) *1 Reduction in revenue as the daycare assistance program payments are processed electronically by the state. *1 .• County of Frederick General Fund November 30, 2012 (7) Federal Revenue FY13 FY12 Increase /Decrease Federal Forfeited Assets 182.80 16,872.76 (16,689.96) Housing Illegal Aliens 24,595.00 23,988.00 607.00 Federal Grants Sheriff 4,037.66 35,642.19 (31,604.53) Total 28,815.46 76,502.95 (47,687.49) (8) Expenditures The VRS increase and overtime pay calculations effective 7/1/12 impact the $892,816.05 increase of FY13 expenditures. Public Safety was significantly affected by the $232,994.00 increase in the County local share for the Jail. Health and Welfare decreased $169,316.21 as the State Division of Social Services processes the daycare assistance programs payments electronically (this payment change was effective February 2012). Transfers increased $3,367,966.56 in total. See chart below: (9) Transfers Increased $3,367,966.56 FY13 FY12 Increase /Decrease Fringe Benefits(Insurance) - -9.81 9.81 School Operating 3,575,373.34 131,133.59 3,444,239.75 Shawneeland 597.36 - 597.36 Debt Service County 825,852.16 860,586.61 (34,734.45) N RADC 972.98 - 972.98 Operational Transfers 667,247.84 710,366.73 (43,118.89) Total 5,070,043.68 1,702,077.12 3,367,966.56 *1 Includes $1,128,002.00 Re- appropriation and the $2,223,000.00 10/10/12 Resolution *2 Timing of liability insurance chargeouts, worker's compensation refunds, and one -time employer payments *1 *2 50 NOTES: *1 The cash decrease was impacted by the increase in expenditures and the fund balance decrease. Current Unrecorded Accounts Receivable- FY2013 Prisoner Billing: 40,274.72 Compensation Board Reimbursement 11/12 433,859.92 Total 474,134.64 51 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER November 30, 2012 ASSETS FY2013 FY2012 Increase 11/30/12 11/30/11 (Decrease) Cash 4,758,348.18 4,817,803.41 (59,455.23) *1 Accounts Receivable Other 0.00 233.35 (233.35) GL controIs(est.rev /est.exp) (869,118.59) (488,785.68) (380,332.91) TOTAL ASSETS 3,889,229.59 4,329,251.08 (440,021.49) LIABILITIES Accrued Operating Reserve Costs 2,004,040.97 1,871,308.00 132,732.97 TOTAL LIABILITIES 2,004,040.97 1,871,308.00 132,732.97 EQUITY Fund Balance Reserved Encumbrances 146,059.48 40,454.32 105,605.16 Undesignated Fund Balance 1,739,129.14 2,417,488.76 (678,359.62) TOTAL EQUITY 1,885,188.62 2,457,943.08 (572,754.46) TOTAL LIABILITY & EQUITY 3,889,229.59 4,329,251.08 (440,021.49) NOTES: *1 The cash decrease was impacted by the increase in expenditures and the fund balance decrease. Current Unrecorded Accounts Receivable- FY2013 Prisoner Billing: 40,274.72 Compensation Board Reimbursement 11/12 433,859.92 Total 474,134.64 51 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 11/30/12 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FY2013 FY2012 REVENUES: 11/30/12 11/30/11 YTD Actual Appropriated Actual Actual Variance Interest - 2,819.98 4,166.47 (1,346.49) Supervision Fees 55,399.00 16,639.00 16,639.00 Drug Testing Fees 5,506.00 2,461.46 2,461.46 Work Release Fees 499,800.00 137,595.63 141,033.43 (3,437.80) Prisoner Fees Other Localities 0.00 0.00 0.00 0.00 Federal Bureau Of Prisons 0.00 0.00 445.00 (445.00) Local Contributions 5,273,767.00 2,520,599.25 2,581,077.00 (60,477.75) Miscellaneous 12,446.00 26,622.36 8,587.10 18,035.26 Phone Commissions 126,000.00 37,115.17 34,104.76 3,010.41 Food & Staff Reimb. Juv.Det.Ctrv.Det.Ctr. 96,000.00 23,325.66 28,215.37 (4,889.71) Elec.Monitoring Part.Fees 83,767.00 28,995.05 9,244.75 19,750.30 Employee Meal Supplements 500.00 0.00 0.00 0.00 Share of Jail Cost Commonwealth 975,355.00 233,609.00 227,389.00 6,220.00 Medical & Health Reimb. 51,237.00 21,317.49 17,227.33 4,090.16 Sale of Salvage 0.00 0.00 0.00 0.00 Shared Expenses CFW Jail 5,003,495.00 1,720,864.72 1,723,298.13 (2,433.41) State Grants 242,915.00 68,111.00 10,688.00 57,423.00 Local Offender Probation 238,888.00 62,527.00 DOC Contract Beds 0.00 6,840.00 9,588.00 (2,748.00) Bond Proceeds 0.00 0.00 0.00 0.00 Transfer from General Fd, 4,199,498.00 2,100,721.98 1,866,755.00 233,966.98 TOTAL REVENUES 16,864,573.00 7,010,164.75 6,661,819.34 285,818.41 EXPENDITURES: 17,879,751.07 6,949,293.24 6,429,751.24 519,542.00 Excess(Deficiency)of revenues over expenditures 60,871.51 232,068.10 (171,196.59) FUND BALANCE PER GENERAL LEDGER 1,678,257.63 2,185,420.66 (507,163.03) Fund Balance Adjusted To Reflect 1,739,129.14 2,417,488.76 (678,359.62) Income Statement @11130112 52 County of Frederick Fund 12 Landfill November 30, 2012 ASSETS Cash Receivables: Accounts Receivable Fees Accounts Receivable Other Allow. Uncollectible Fees Fixed Assets Accumulated Depreciation GL controls(est.rev /est.exp) TOTAL ASSETS LIABILITIES Accounts Payable Accrued VAC.Pay and Comp TimePay Accrued Remediation Costs Retainage Payable Deferred Revenue Misc.Charges TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrances Land Acquisition New Development Costs Environmental Project Costs Equipment Undesignated Fund Balance TOTAL EQUITY TOTAL LIABILITY AND EQUITY FY2013 FY2012 Increase 11/30/12 11/30/11 (Decrease) 28,557,586.67 29,176,917.54 (619,330.87) *1 594,061.31 530,641.72 63,419.59 *2 152.00 8,479.17 (8,327.17) (84,000.00) (84,000.00) 0.00 42,516,271.35 39,719,334.39 2,796,936.96 (21,543,603.09) (19,781,833.70) (1,761,769.39) (4.482,353.95) (3,970,289.52) (512,064.43) 33,722.881.86 33,563,207.79 45.558.114.29 45,599.249.60 (41,135.31) 134,423.76 122,588.76 11,835.00 11,653,036.50 11,545,003.93 108,032.57 *3 47,620.17 359,969.95 (312,349.78) 152.00 8,479.17 8 3( 27.17) 11,835,232.43 12,036,041.81 (200.809.38) 119,358.22 890,180.48 (770,822.26) *4 1,048,000.00 1,048,000.00 0.00 3,812,000.00 3,812,000.00 0.00 1,948,442.00 1,948,442.00 0.00 3,050,000.00 3,050,000.00 0.00 23,745,081.64 22,814,585.31 930,496.33 *5 33,722.881.86 33,563,207.79 159,674.07 45.558.114.29 45,599.249.60 (41,135.31) NOTES: *1 The decrease in cash was impacted by prior year increases in expenditures disbursed in the current year *2 Receivables at 11/30/12 increased $63,419.50. Landfill charges for 11/12 were $410,421.67 compared to $405,418.13 at 11/30/11 for an increase of $5,003.54. The delinquent fees at 11/12 were $181,071.51 compared tp $122,968.27 at 11/11 for an increase of $58,103.24. *3 Accrued remediation increased $108,032.57, and includes $104,871.00 for post closure costs and $3,161.57 interest. *4 Encumbrances decreased $770,822.26. The encumbrance balance at 11/30/12 was $119,358.22 and includes $33,902.17 for partial capping MSW, $300.00 for air compressor parts, $49,156.05 for the clay borrow development; CDD cell liner, and drain development, and $36,000.00 for a 2000 International 5600 Truck. *5 Total fund balance increased $930,496.33. The beginning fund balance was $25,906,408.20 that includes adjusting entries, budget controls for FY13($2,836,732.00), ($1,055,000.00) carry forwards of unused FY12 funds for several projects, $1,335,682.35 for FY12 audit adjustments that include depreciation, equipment and capital projects, and the year to date revenue less expenses $394,723.09. 53 County of Frederick Comparative Statement of Revenue, Expenditures and Changes in Fund Balance November 30, 2012 FUND 12 LANDFILL FY13 FY12 YTD REVENUES 11/30/12 11/30/11 Actual Appropriated Actual Actual Variance Interest Charge 0.00 2,769.21 3,112.59 (343.38) Interest on Bank Deposits 40,000.00 17,600.63 17,692.24 (91.61) Salvage and Surplus 0.00 63,867.00 83,149.80 (19,282.80) Sanitary Landfill Fees 4,565,400.00 1,875,693.59 1,858,539.23 17,154.36 Charges to County 0.00 145,750.03 142,367.57 3,382.46 Charges to Winchester 0.00 42,206.92 38,960.72 3,246.20 Tire Recycling 70,000.00 43,647.44 42,363.71 1,283.73 Reg.Recycling Electronics 40,000.00 21,931.00 19,072.00 2,859.00 Miscellaneous 0.00 4,301.00 155.00 4,146.00 Wheel Recycling 120,000.00 0.00 100.00 (100.00) Charges for RTOP 0.00 0.00 0.00 0.00 Renewable Energy Credits 0.00 0.00 0.00 0.00 Landfill Gas To Electricity 554,048.00 203,022.23 232,226.99 (29,204.76) Waste Oil Recycling 7,987.09 7,987.09 State Reimbursement Tire Operation 0.00 6,120.00 0.00 6,120.00 TOTAL REVENUES 5,389,448.00 2,434,896.14 2,437,739.85 (2,843.71) Operating Expenditures 5,195,180.00 1,288,961.05 1,103,073.49 185,887.56 Capital Expenditures 4,795,980.17 751,212.00 1,919,860.52 (1,168,648.52) TOTAL Expenditures 9,991,160.17 2,040,173.05 3,022,934.01 (982,760.96) Excess(defiency)of revenue over expenditures 394,723.09 (585,194.16) 979,917.25 Fund Balance Per General Ledger 23,350,358.55 23,399,779.47 (49,420.92) FUND BALANCE ADJUSTED 23,745,081.64 22,814,585.31 930,496.33 54 County of Frederick, VA Report on Unreserved Fund Balance November 2012 Unreserved Fund Balance, Beginning of Year, July 1, 2012 29,782,513 Prior Year Funding & Carryforward Amounts C/F Bowman Library Parking Lot (54,257) Remove EDC C/F 687 C/F Fire Company Capital (152,794) C/F Painting (Maintenance) (37,385) C/F CMS Project (36,041) C/F Stephens City Proffer (43,779) C/F DARE (2,282) C/F Forfeited Assets (52,525) C/F Schools (1,153,002) FY12 Star Fort fees 4,262 FY12 Encumbrances 515,543 (1,011,573) Other Funding / Adjustments Carmeuse Incentive (550,000) Feb 2010 Snow (58,328) GAP Pay (16,850) Asst Comm Attorney position (60,146) Airport Capital (24,156) Gainesboro Conv Site (287,500) AS400 Lease (21,018) Sheriff's Dept physicals (3,880) Phase II Sheriff's Dept laptop project (280,593) Resolution (3,900,000) (5,202,471) Year End Adjustments Fund Balance, November 2012 23,568,469 55 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 -1210 312.977.9700 fax: 312.977.4806 November 6, 2012 PRESS RELEASE For Further Information Contact Stephen J, Gauthier (312) 977 -9700 Chicago- -The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that Frederick County, Virginia has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as; • a policy document • a financial plan • an operations guide • a communications device Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Finance Department. For budgets including fiscal period 2011, 1,328 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving over 17,500 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 202,393,0780 w�t��cia. org Margaret R. Kanstiehl, Ed.D. Founder Freddie L. Peaco President Pro TeM Septelnber 10, 2012 Ms. Cheryl B. Shiffler Finance Director County of Frederick 107 North Kent Street Winchester, VA 22601 Dear Ms. Shiffler: C SEP 1 3 2012 I-- � - - -- -- - - �' '-j Fin ':ME r?er- rant Thank you for the check for $306 for the multimedia reading and information services that the Metropolitan Washington Ear provides to the blind /visually impaired and the physically handicapped residents of Frederick County that can no longer read ordinary print. MWE is grateful for your assistance, for our long standing partnership, and for the support that Frederick County gives the Ear in our work to serve these individuals. Sincerely, Rosemary Rous Development Officer RCR/ac 11 Z MMVFUMAI 1 ![ ASUM 1 Vl 1 M M A multi - media reading service for the blind and physically handicapped A 14014 -PBI Fff WRPOAAI7ON 12061 TECH ROAD, SILVER SPRING, MD 20904 (301) 681 -6636 + FAX (301) 62s -198F37 EMAIL: INFORMATION @WASHEAR.ORG 00 COUNT of FREDERICK Department of Planning and Development 540/665-5651 L. MEMORANDU FANG: 540/665 -6395 M John A. Bishop, AJCP, Deputy Director - Transportation Transportation Committee Report for Meeting of December 17, 2012 January 2, 2013 The Transportation Committee met on December 17, 2012 at 8:30 a.m. TO: FROM: RE: DATE: Board of Supervisors Members Absent Mark Davis (liaison Middletown) Bryon Grigsby (voting) Christopher Collins (voting) Members Present Chuck DeHaven (voting) Gene Fisher (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) * * *Items Requiring Action * * * None ** *Items Not Requiring Action * ** 1, MPO Work Plan Staff presented the updated MPO Work Plan to the Committee for review and comment. The Committee has requested a staff update regarding progress to date on the Shady Elm study. The Committee would also like for the area of Route 11 North between I -81 and Route 37 to be studied for possible intersecting roadway realignments and intersection closures, but noted that this should be part of a future work program and not a further amendment to this one. 107 North Dent Street, Suite 202 . Winchester, Virginia 22601 -5000 2. VDOT Bridge Work VDOT requested feedback from the Committee regarding the maintenance of traffic plans for bridge deck replacement over the Opequon Creek on Route 522 South. One alternative was considerable cheaper and took only one construction season to build but had greater traffic impacts, while the other alternative involved additional bridge construction at significantly higher cost and took two construction seasons. After assurance from VDOT that the delays associated with the less costly alternative are manageable (correspondence copied below), the Committee consensus was to stay with that alternative. Chuck, here is the additional information the committee requested on the above project. I was in error, it is the South bound section that is proposed for replacement. Estimated cost is $1.693 million. Proposed Ad date is October of 2014 2011 traffic counts reflect 14,000 AADT with 12% being trucks three axels or more (this is north and south bound) Proposed bridge with is approximately 43 feet Anticipated speed limit during construction is 45MPH Best estimate of reduced travel time during construction is 15 -20 minutes during peak hours (no anticipated stop and go) Proposed one construction season with crossover traffic control and two construction seasons with staged traffic control Estimated construction cost increase with two stage traffic control is $400,000 Chuck if possible, we would like for you to do a poling of the members instead of waiting for January meeting. This will allow design to gain a month. Thank you for your assistance and please let me know if you need any additional information. See Edwin Z. Carter Assist. Residency Administrator VDOT- Edinburg Residency (540) 984 -5605 Fax(540)984 -5607 Edwin.Carter@VDOT.Virginia.Gov 2 3. Other MPO Bicycle Plan Intersections for Consideration As the Bicycle and Pedestrian study moves forward, Frederick County was asked for a list of at least 12, but up to 15 intersections, to be considered for more detailed study. Staff provided the attached list to the Committee which was endorsed. Potential Intersections for MPa Bicycle and Pedestrian Stud Warrior and Craig /Talamore Warrior and Tasker Warrior and Montgomery Circle Warrior and Westmoreland Route 277 and Sherando Park Senseny and Greenwood Channing and Farmington Channing and Woodrow /Canyon Channing and Nassau /Highcliffe Valley Mill and Rt 7 Rt 7 and Gateway Drive Rt 7 and Blossom Drive Rt 522 and Apple Pie Ridge Rt 522 and Fox Drive Rt 522 and Rivendell /Westminster ORDINANCE January 9, 2013 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -3, 155 -6, 155 -58, 155 -59, 155 -61, 155 -68, 155 -73, 155 -76, 155 -86, 155 -88, 155 -93, 155 -95, 155 -96, 155 -98, 155 -100, 155 -101, 155 -102, 155 -123, and 155 -129 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 155 -3, 155 -6, 155 -58, 155 -59, 155 -61, 155 -68, 155 -73, 155 -76, 155 -86, 155 -88, 155 -93, 155 -95, 155 -96, 155 -98, 155 -100, 155 -101, 155 -102, 155 -123, and 155 -129 of Chapter 155 (Taxation), and that Sections 155 -111 and 155 -112 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, enacted, as follows and to take effect immediately (deletions are shown in and additions are shown in bold underline and with the headings for Articles XVII (Classified Business and Occupational License Provisions) and XVIII (Special License Provisions) being deleted and the Sections contained within those Articles remaining in force and transferred to Article XVI (Business License Provisions): 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 prol2ertyis owned by an association, partnership, limited liability company, or corporation, the return shall be signed by a member, artner, 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, artner, executive officer, or other person specifically authorized in writing by the association p artnership, limited liability company, or corporation to sign. [Remainder of § 155 -3 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, machinery and tools, 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. 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 of the Revenue 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 heard shall be given any person who may become liable for the amount owing prior to any determination by the Commissioner of the Revenue. B. As soon as the Commissioner has procured whatever facts and information may be obtainable upon which to base the assessment of any 2 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 p and int provided in this article The Commissioner and-shall then notify the person, by Ger-tified or Feg,ster regular 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 of4he -- 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 s urh 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, the statutorily-assessed tax penalty, and interest would be adjusted. 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 a- period of try. ;ors 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. § 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 ret `r�T the original summons shall be made returnable to the Goner +l Vel�e!!.A! VMelele•\I!!!/ shal !!l #L4MeeeMlVeM 4V �Tf4�'�eT�i �� D Gt Geu for the ounty B. In the event any person who has rented a room refuses to pay the tax imposed by this article, the motel employee on duty may call upon the Sheriffs Department for assistance, and the investigating officer may, 3 when probable cause exists, issue the person who has rented the room a summons returnable to the General District Court as provided by law. Article XVI General Business License Provisions § 155 -68 Overriding conflicting ordinances. Except as may be otherwise provided by the laws of the Commonwealth of Virginia, and notwithstanding any other current ordinances or resolutions enacted by Frederick County, whether or not compiled in the Code of this jurisdiction, to the extent of any conflict, the dewing provisions of this article shall be applicable to the levy, assessment and collection of licenses required and taxes imposed on businesses, trades, professions and callings and upon the persons, firms and corporations engaged therein within this County. § 155 -73 License requirement. A. Every person engaging 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: (1) Each business or profession is licensable at the location and has satisfied any requirements imposed by state law or other provisions of the ordinances of Frederick County; (2) All of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and In (3) The taxpayer agrees to supply such information as the Commissioner may require concerning the nature of the several businesses and their gross receipts. (4) Such actual license, once issued by the Assessor, shall be displayed by the taxpayer in a place where visible by the public and shall be replaced by each renewal license as received. B. For all classified licenses computed on a gross receipts basis, GFOrs gross receipts under $4,000 will not require a business license in Frederick County. Any person who exceeds gross receipts of under $4,000 must meet all license application requirements within 30 days of reaching the $4,000 threshold. § 155 -76 License 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. (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 Corporation Commission, if the business is not conducted by an individual, but by an entity (8) If an entity, t The federal identification number of the business efA t yl if an individual the social security number. (9) The date the business began. (10) Whether the business is an individual or an entit , paFtne limited liability re.m.panie-S) OF GGFPGFatiOn (corporation, limited liability company, partnership, etc.) and if an entity, the entity's registered agent. (11) Estimated and/or actual Ggross receipts or purchases as applicable. (12) Signature of the owner If the business is owned by an association partnership, limited liability company, or corporation, the application 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. (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 Sheriffs department, if applicable. (17) Proof of workers compensation insurance, if applicable. 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. D. If any person shall continue to provide a business service or shall continue a business, profession, trade or occupation after the expiration date of a license previously issued therefor without obtaining a new license, such person shall, if such failure to obtain a new license shall be continued for one month, be subject to the penalty provided for under this article. § 155 -86 Transfer of license. A. No Frederick County license shall be transferred from any person, firm or corporation to another person, firm or corporation exr. ?pt f,�Dr- the confin„ Lion of the same business fGF which the " Gen a ,r lA... originally issued. 2 B. No Frederick County license shall be transferred from one location or stand to another location or stand except for the continuation of the same business for which the license was originally used unless specified otherwise in this chapter C. Upon application, any license that meets the conditions of Subsection A eF B may be transferred for the unexpired term thereof. Upon presentment to the Commissioner of the Revenue of such license, such official shall transfer the license. The assignee shall have the same privileges and be subject to the same regulations and penalties as an original licensee, unless herein otherwise expressly provided. Estimated licenses may not be transferred. § 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 eet 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 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 sue# 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 shall be a Class 1 misdemeanor. 7 § 155 -95 Minimum tax on classified business 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 her in this article Higher minimums may apply as provided in this article. § 155 -96 License fee and tax. A. Unless otherwise provided in this section or this article every person or business subject to licensure under this article shall be assessed and required to pay annually a fee for the issuance of such license as follows: (1) Gross receipts of $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 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. ^ p °. M it from the County Administrator shall first be obtained before any Imense B. Circuses, menageries and shows of a like nature shall pay for the privilege of showing in the County a license tax of $100 per day or part thereof. A it ftem the County Administrator shall first be obtained befeFe perm C. A nonprofit organization operated or chartered within this County is not required to obtain a license under this section. § 155 -100 Itinerant and distressed merchandise vendors. A. Each person who shall engage in or transact any temporary or transient business in this County for the sale of goods, wares and merchandise and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car or public room or any part thereof, including rooms in hotels, lodging houses or houses of private entertainment, or in any street, alley or other public place for a period of less than a year for the exhibition or sale of such goods, wares or merchandise shall pay for such privilege a license tax of $500 per yea r, which license shall not be prorated or transferable. B. Each person who or which has not been licensed for at least one year to sell or to offer for sale goods, wares or merchandise before the adoption of this section and who shall hereafter apply for a license to sell or offer for sale, goods, wares or merchandise within the County shall file with such application an affidavit from the owner of the building, structure, etc., to be used by such applicant, indicating consent to use the premises for such sales, or no license shall be issued unless and until such affidavit is attached to the application. 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 name of any local merchant, dealer, trader or auctioneer. E. No license tax shall be required under this section for any itinerant merchant participating in an event, not to exceed consecutive three days in length, sponsored and conducted by a nonprofit organization operated or chartered within the County, when the purpose of such event is in furtherance of the nonprofit nature of such organization, and the sale of any goods, wares or merchandise is merely ancillary to such event and not the primary purpose therefor, and any itinerant merchant shall have registered with and been approved by such nonprofit organization. § 155 -101 Junk and seGondhand dealers. 0 Pill Mr ■�:�rr� 0 Id fGF the privil . A per-son doing business under this seGtion shall wve d in the ameunt of $1 for his faithful rompliasire to th with the la w , the bond to be del del en County T with L V .M Y7a L11L l s e, the l icense. The Commi neF of the Revenu �n mmediately notify the a i WF o f any li rense i ssued of t te rms of this sec Junk dealers, as defined in 4 59.1- 116.1, Code of Vir inia 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 County. No business license shall be issued to any itinerant junk dealer. B. Pawnbrokers are included under separate listing of this article and are not classified as junk or seGendhand dealers. § 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. "', 'teense shall b issued to any pawnbroke 104 of Gode of F. ed-erick County. C - - 155 -111 Precious Metals Dealers. Prec ious_ metal dealers, as defined in § 54.1 -4100, Code of Virainia. 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 10 separate business license to conduct business from each such location. 155 -112 Flea Markets. On each person operating a flea market, there 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 chapter, to the extent that such tax or fees would exceed 500. [All other sections of Article XVI ll remain in force unchanged and become part of Article XVI J Article XIX Meals Tax § 155 -123 Failure to collect or remit tax. 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 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 Menalty and i nto es provided in this article The Commissioner arKl-shall then notify the person, by Gertified o registered 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 of the 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 su tax, 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, the statutorily- assessed tax, penalty, and interest would be adjusted. 11 § 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 b this article and the summons shall be served upon such person by any County Deputy Sheriff in the manner provided by law. One Feturn o f the original summons shall be made returnable to the General DiStF Court for the Geuntj.1F 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. Enacted this 9 th day of January, 2013, Richard C. Shickle, Chairman Bill M. Ewing Charles S. DeHaven, Jr. Gainesboro District Gary A. Lofton Gene E. Fisher Christopher E. Collins Vacant A COPY ATTEST John R. Riley, Jr. Frederick County Administrator 12 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -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 tag • 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 fling amended returns. The Treasurer's Office reports that, for each of the last three completed calendar years, the ComIX 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. 0 155 -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 0 155 -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 COUNTY of FREDERICK Department of Planning and Development ,� FAX: 540/665 -33 NDU 540/665 -53 MEM ORANDU M 1�31� lJ �J 95 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planners 1 Subject: Public Hearing — Setback requirements for accessory structures in the RA (Rural Areas) District Date: January 3, 2013 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 (I5 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, 2012. 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 Board of Supervisors discussed this item again at their meeting on December 12, 2012 and sent the item forward for public hearing. The Planning Commission held a public hearing for this item on January 2, 2013; there were no public comments. During the Commission discussion, the increase in the maximum building size was discussed; it was brought up that the original ordinance amendment was meant to allow smaller garden shed type structures. Commissioners were concerned that someone would try to turn a larger accessory structure into a residence and violate the ordinance. Ultimately, the Planning Commission forwarded a unanimous recommendation for approval to the Board of Supervisors. 107 North Kent Street, Suite 202 . Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors Re: RA Accessory Structures January 3, 2013 The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and str-ikethr-ougk for deletions. 2. Resolution. CEP /bad ATTACHMENT 1 PC Discussed: 5/16/2012 BOS Discussed: 6/13/2012 Work Session: 11/14/2012 BOS Discussion: 12/12/12 PC Public Hearing: 01/02/13 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 accessory structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses prior to the construction of the primary structure on the lot and shall be a maximum of 650 square feet in size. RESOLUTION Action: PLANNING COMMISSION: January 2, 2013 Recommended Approval BOARD OF SUPERVISORS: January 9, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165- 401.07 SETBACK REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165 Zoning to include a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property, was considered. WHEREAS, The Planning Commission held a public hearing on this ordinance on January 2, 2013; and WHEREAS, The Board of Supervisors held a public hearing on this ordinance on January 9, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165- 401.07 Setback Requirements, is amended to include a setback exemption for accessory structures in the RA District if it is the first structure to be constructed on a property. PD Res.#02 -13 This amendment shall be in effect on the day of adoption. Passed this 9th day of January, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PD Res.#02 -13 REZONING APPLICATION #08 -12 EASTGATE COMMERCIAL Staff Report for the Board of Supervisors Prepared: December 31, 2012 Staff Contact: John A. Bishop, AICP, Deputy Director - Transportation Reviewed Planning Commission: 12/05/12 Board of Supervisors: 01/09/13 Action Recommended approval Pending PROPOSAL To revise proffers associated with Rezoning 402 -07. This revision relates to the "Transportation" section of the proffers. LOCATION The properties are located west of Front Royal Pike (Route 522 south) at the intersection of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/09/13 BOARD OF SUPERVISORS MEETING: This is a minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive. This access was previously proffered out. In addition, the proffers construct the access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location. This modification has been modeled and VDOT and Staff are satisfied that it will function properly as proposed, although VDOT does note continued reservations in their comment. Following the 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 #08 -12 — Eastgate Commercial December 31, 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 Planning Commission: 12/05/12 Board of Supervisors: 01/09/13 Action Recommended approval Pending PROPOSAL To revise proffers associated with Rezoning 902 -07. This revision relates to the "Transportation" section of the proffers. LOCATION The properties are located west of Front Royal Pike (Route 522 south) at the intersection of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBERS 76- A -53J, 76- A -53K, 76- A -53L, 76 -A -53M and 76 -A -53N PROPERTY ZONING B2 (General Business) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: B2 Use: Commercial South: RA Use: Residential /Ag East: RA Use: Residential West: M1 Use: Distribution Center REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT staff has completed the technical review of the revised TIA for the Winchester South Median Crossover for Lots 3A & 3B and also the revised proffers dated October 2, 2012. We concur with the analytical findings of the TIA and have no additional comments on the revised proffers. Therefore, VDOT would allow the installation of the crossover, if the County approves the proffer amendment. Even though the TIA shows the crossover working and there are no regulations that would prevent its installation, VDOT still has concerns with the short weave and how this crossover location will actually function under real traffic conditions. Please be aware, in the future, should safety issues arise and the crossover becomes problematic, VDOT could remove the crossover. Rezoning #08 -12 — Eastgate Commercial December 31, 2012 Page 3 County Attorney: Please see attached letter from Rod Williams, County Attorney, dated October 2, 2012. Planning & Zonin2: 1) Site History Previously RA in zoning, these properties were rezoned to B2 as a part of the Eastgate Commercial center in 2007. 2) Comprehensive Policy Plan The Frederick County 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. [Comprehensive Policy Plan, p. 1 -1] Transportation The transportation modifications proposed are at a level of detail not addressed by the Comprehensive Plan. Other aspects of transportation, such as complete streets, have already been addressed by the previously approved development proffers. 3) Proffer Statement — Originally dated February 9, 2007, with final revision date of November 1, 2012. A) Residential Land Use B) Commercial Land Use C) Master Development Plan D) Transportation Allow left turn access into the parcel from Maranto Manor Drive. This access was previously proffered out. In addition the proffers construct the access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location. E) Community Facilities STAFF CONCLUSIONS FOR THE 12/05/12 PLANNING COMMISSION MEETING: This is a minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive. This access was previously proffered out. In addition the proffers construct the access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location. Rezoning #08 -12 — Eastgate Commercial December 31, 2012 Page 4 This modification has been modeled and VDOT and Staff are satisfied that it will function properly as proposed. PLANNING COMMISSION SUMMARY & ACTION OF THE MEETING OF 12/05/12 The applicant's representative stated that a full TIA was submitted, allowing VDOT to evaluate the levels of service at this entrance, as well as the effects on Route 522; he said VDOT approved the TIA, along with the revised version of the proffers. There were no citizen comments. Commissioners noted this was a minor revision and was good planning. Furthermore, it was recognized the revision was VDOT approved and staff had concurred with VDOT's approval. No issues were raised and the Commission unanimously recommended approval. (Note: Commissioners Thomas and Lemieux were absent from the meeting.) Followinz the public meetinz, a decision rezardinz this rezoninz 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 10/02/2012 11:12 5406. 370 FREDERICK COL GOV PAGE 02/04 COUNTY of FREDERICK Roderick B. Williams County Attorney 54017228383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us October 2, 2012 VIA 1FA.CSMILE 54 665 -0493 — REGULAR MAJL Ron Mislowski, P.E. Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, Virginia 22601 Re: Rezoning Application — Eastgate Commercial Proposed Revised �roffer Statement dated September 12, 2012 Dear Ron.: You Dave submitted to proposed revised proffer stater Proffer Statement and it is my meet the requirements of the F Virginia, and would be legally comments: a In the header information the current zoning, ownez proposed action no longer concerns a zoning from B the existing parcel numbe would apply, are 76 - A - 53 respectively. Toward thi: five Lots, Wal Mart would (Lot 1) that was subject tc to discourage the use of tl What happens is that the its presence then can crea actual proffer statement. owner from a proffer stag rezoning. 107 North crick County ;for review the above - referenced (the "Proffer Statement"). I have now reviewed the ion that the Proffer Statement would be in a form to •ick County Zoning Ordinance and the Code of .cient as a proff=er statement, subject to the following Tor the Proffer Statement, the references should be to hip, acreage, and parcel status of the Property. The concerns a zoning from RA/B3 to B2, but instead t with proffers to B2 with revised proffers. Likewise, s for Lots 2 through 6, to which the proposed action , 76- A -53K, 76- .A -53L, 76- A -53M, and 76- A -53N, end, absent use of the cumnt parcel numbers for the need to join in the proffer revision, as the owner of a lot the original 2007 rezoning. Also, I am, now attempting e word "Proposed" in the titles of proffer statements, cord tends to rernairt after approval of the rezoning and e confusion as to whether a proffer statement is the he language in the introductory paragraph protects the ment b.avi,ng any effect in the event of denial of the Stm et - Wi nchester, Virginia 22601 10/02/2012 11:14AM (GMT- 04:00) 10/02/2012 11:12 5406 370 FREDERICK COL GOV PAGE 03/04 Ron Mislowski, P.E. October 2,20 12 Page 2 + The Proffer Statement .references the GDP, but Tulght better state that it is attached as Attachment A. The materials I received include a slip sheet indicating that the GDP is Attachment A. Along similar lines, Proffer 1.1a, refers to "the concept plan" and as Attachment A, but it appears that "the concept plan" should be Attachment B. As well, the document that is "the concept plan" should be identified as such on its face. Right now, it is labeled "Maranto Manor Drive Access Break'. Proffers Section 1 — The proffers in this section, generally, refer to a number of improvements that may or may not have already taken place as a result of the development of the Wal. Mart site. Staff should review these proffers carefully to ensure that the provisions of the protTers are consistent with the current status of the transportation facilities. This is pardedlarly true of, but not necessarily limited to, Proffer 1.3. Also, for clarity in Proffer 1.3, "for the Property" should be added following "land disturbance permit + Proffer 1.4 -- The TIA appeared to refer to an additional eastbound right turn lane on Maranto Manor Drive, from the Lot 3AJ313 access to Route 522, yet the Proffer Statement does not necessarily make clear the Applicant's commitments with respect to such lane construction on Maranto Manor Drive, from the lot 3Af3B access to Route 522. Q Proffer 2.1 -- The proMr should commit to a specific time for compliance. • Proffer 4.1 —Staff will want to consider how this FAR commitment wil1 interplay vrith the existing Wal Mart development that is park of the existing proffer arrangements. a Proffer 4.4 — The proffer excludes gasoline sales to tractor trailers. Most tractor trailers use diesel. Staff will want to consider that the proffer does not exclude diesel sales to tractor trailers. + Proffer 4.5 — The language of this proffer is awkward. Counsel respectfully submits that l.angune such as `Installation of no more than 12 vehicle fueling stations for gasoline sates may be permitted on Lot 3A" would meet the same intent as the current language. + Proffer 4.6 — The proffer does not identify the "other lots" to which it refers. 10/02/2012 11 :14AM (GMT- 04:00) 10/02/2012 11 :12 5406b.j370 FREDERICK COU GOV PAGE 04104 Ron Mislovaskc P.E. October 2, 201'2 Page 3 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for Ns specific development, as my Understanding is that that review will be done by staff and the Planning Commission. Sincere , Roderick B. Williams County Attorney cc: John Bishop, Deputy Director of Planning & Development - Transportation, Frederic! County (via e-mail) 1010212012 11:14AM (GMT- 04 :00) 76 A 56 522 76 A 59C V .tip._ ", R �r: k w - {� e, s, f �. ' • -, :G,'�r� Rye ' r`r'r.. 9 t i � • ,. Ye �,.. - � I r_i'- ;iii "u �; +�. ��^ T "� r _ _- - r i • • i ,\ ti EASTGATE COMMERCE CENTER ry Subdivision V ' Y 2 ;• big O Rezoning Q Parcels Building Footprints 131 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) ` f ! 1 FA REZ # 08 - 12 Note: Frederick County Dept of Eastgate Commercial Planning & Development PINS: 107 N Kent St e 76 - A - 53J, 76 - A - 53K, Suite 202 76 - A - 53L, 76 - A - 53M, Winchester, VA 22601 76 - A - 53N 540 - 665 - 5651 Map Created: November 9, 2012 Staff: afarrar 0 75 150 300 Feet PROFFER STATEMENT REZONING: RZ # 132 arith Proffers to B2 with Revised Proffers PROPERTY: Tax Map Parcels 76- to -53J, 76- A-53K, 76- A -53L, 76- A -53M, 76 - - 53N RECORD OWNER: Winchester South, LLC APPLICANT: Winchester South, LLC PROJECT NAME: Eastgate Cotnnlercial ORIGINAL DATE OF PROFFERS: November 13, 2006 REVISION DATE(S): 2/9/07; 2/10/07; 2/21/07; 2/30/07; 4/17/07; 8/5/12; 9/12/12; 10/2/12; 11/1/12 The undersigned hereby proffers that the use and development of the subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon &nal rezoning of the Property with "final te2ooing" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `ooed') 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 term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Eastgate Commercial" dated November 12, 2006 revised August 15, 2012 (the "GDP ") attached as Attachment A, and shall include the following: 1. Trangportation 1.1 The A licant shall locate entrances..to . access the site as may be anoroved by VDOT and die Frederick. Co Lin ty Director of ran ortation in accordance - with the current version of the Access Mazy ment Guidelines 24 VAC 30-73). Said design shall be supported b traffic studies deemed necessa by 'DOT and s bJect to VDOT revie -,v and al2prova l during_ site plan review 1.1a. The entrance to Lot 3A/313 shall be restricted to aright-in- right-out. left -in only as shown on the Concept Plan. (See Attachment B . Proffer Statement Winchester South, LLC 12 The Applicant shall bond a traffic signal, two northbound left turn lanes, and a westbound left turn lane at the intersection of Rainville Road and Tasker Road prior to issuance of a land disturbance permit for the Property-. The Applicant shall construct said improvements within 180 days of receiving written notice from the County and/or VDOT. (See 2 on GDP) 1.3 The Applicant shall bond a. traffic signal and the following turn lanes at the intersection of the future project entrance and the existing entrance for the Home Depot Distribution Center on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane, Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound left turn lane. The Applicant shall bond said improvements prior to issuance of a land disturbance permit and shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. (See 3 on GDP) 1.4 The Applicant shall bond an Eastbound left turn lane for Maranto Manor Drive at the intersection of Maranto Manor and Route 522 prior to issuance of a land disturbance permit for the Property. The Applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. (See 4 on GDP) 1.5 The Applicant shall bond an additional northbound left turn lane, an additional eastbound left turn lane as well as any additional improvements as deemed necessary by VDOT at the intersection of Tasker Road and Route 522 prior to issuance of a land disturbance permit for the Property. The Applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. (See 5 on GDP) 1.6 Deleted. 1.7 The Applicant shall construct the extension of Maranto Manor Drive to connect to existing Rainville Road. Said improvement shall be constructed prior to issuance of a certificate of occupancy for any building on the Property. 1.8 Transportation improvements shall be made in conformity with the GDP. 2m Pedestrian- Bicycle 'Trail 11 The Applicant shall construct a 10 foot public pedestrian- bicycle trail with an asphalt surface in lieu of sidewalks along the Property frontage on Route 522. 111111 iii a :i; 1771 3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made at the time of issuance of the first building permit for the site. 3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made at the time of issuance of the first building permit for the site. 46 Land Use 4.1 Development on the Property shall not exceed a Floor Area Ratio (FAR) of .25. 42 No loading bays shall be visible from Route 522 or Tasker Road. Page 2 of 4 Proffer Statement Winchester South, LLC 4.3 Automotive fuel sales shall not be Permitted on areas identified as Lots 2 or 3B on the GDP 4.4 Tractor trailer fuel sales shall not be permitted on the area identified as Lot 3A on the GDP 4.5 Installation of no more than 12 vehicle fueling stations may bel2ennitted on Lot 3A 4.6 Should uses Proposed on the subject Properties exceed trip generation volumes as aliotived by the Traffic Impact Analysis dated February 9 2012 and revised September 12 2012, VDOT may require this traffic study be updated to reflect the actual uses. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Stam -meni Resgecty submitted, Winchester Swath, I.L i` B7; 'Ile Winchester Sarah, LLC �_iA AIt- STATE OF Vii, AT LARGE COUNTY, To-wit: C'qlwcL. The foregoing nstt cnt was acknowledged beferte rye this � ay cif 00' &Aleye 2012,h My col-nmission expires /(/Z �- J Notary Pubtic t Page 4 of 4 RESOLUTION Action: PLANNING COMMISSION: December 5, 2012 - Recommended Approval BOARD OF SUPERVISORS: January 9, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08 -12 PROFFER REVISION OF EASTGATE COMMERCIAL WHEREAS, Rezoning #08 -12 Proffer Revision of Eastgate Commercial, to revise the proffers associated with Rezoning 902 -07 relating to the Transportation section of the proffers, was considered. The proffer, originally dated February 9, 2007, and amended November 1, 2012, is a minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive. Also, the revised proffers construct the access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location_ The properties are located west of Front Royal Pike (Route 522) at the intersection of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 76- A -53J, 76- A -53K, 76- A -53L, 76 -A -53M and 76- A -53N_ WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 9, 2013; 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 concerning Rezoning #02 -07. The proffer, originally dated February 9, 2007, and amended November 1, 2012, is a minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive. Also, the revised proffers construct the access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #37 -12 This ordinance shall be in effect on the date of adoption. Passed this 9th day of January, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. #37 -12 Iii' � %' :!J 7F' '_ ` 1 � J q,� EXISTING: B2 � OP% �P EX. ZONING: B3 WHITE'S STORAGE r r �,0 D * o G� LOT I tS EX, ZONING. 132 �N-D LOT 2 \ \\\ \ EXISTING B2 EXISTING RA — 10,65 AC •. EXISTING B3 — 8.23 AC �•.� � LOT 3B EXISTING: B2 LOT 3� TOTAL -- 18.88 AC �s r r • r EXISTING: B2 EXISTING HOME DEPOT / DISTRIBUTION CENTER EXISTING M -1 / i ALL ENTRANCES TO TATE ROADS SHALL BE LOCATED IN ACCO ANCF MTH VDOT ACCESS ` \ MANAGEMENT.- <IDELINES AND APPROVED BY '\ VDOT Ate' I- -ART OF THE SET' PLAN AP P1- ATION PROCESS. -= o EASTGATE COMMEFQAL Patton, Hargis, Rust &Associates, pc 4 V !I` iv ci, y GENERALIZED DE1/ELOPMENT PL4N 117 E. Picadilly St. Winchester, Virginia 22601 O p Q VOICE: (540) 667 -2139 FAX: (540) 665 -0493 ti FREDERICK COUNTY, VIRGINIA Con cept Pla Maranto Manor Drive Access Break CD � 7 � T XY a SS333Y VINMIA WNnos >r Ieo i t eo t w V LL 3Na0 MONM O1NY21YW IORM lYRl31M" 3MVHS £ 101 NYId u�-► aN =a�a'eiah'aoQv'e� �a ° gin Qi�;sii �'oi�a ° d NYld 1d3ONOO 30NV8IN3 IVIO83VIMOO m " rrotsf+�a 31W 4AMA' OX1'b aub' 1lW NCLLdItl >534 'ON �J }`,, Jill a at I 1 1 t , ., f7 I 4. y ct l 1 f' _•- JT { \\ REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid $� Zoning Amendment Number Date Received? 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: Name: Patton Harris Rust & Associates Telephone: (540) 667 -2139 c/o Ron MisIowsky, PE Address: 117E. Piccadilly Street, Suite 200 Winchester VA 22601 2. Property Owner (if different than above) Name: Winchester South, LLC Telephone: (410) 356 -5820 Address: 10055 Red Run Boulevard, Suite 130 Owings Mills. MD 21117 3. Contact person if other than above Name: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 12 5. 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: Winchester South LLC 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Commercial 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 76 -A -53K Vacant B -2 S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The Property is west of Route 522 South (Front Royal Pike) at the intersection of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive. 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi- Family: Non - Residential Lots: Mobile Home: Hotel Rooms: Square Foota e of Pro osed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 110. Signature: I (we), the undersigned, do hereby respectfully 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 (we) 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 best of my (our) knowledge. A iicant s t rr {) _ Date: r Date: Owner(s): '' � Date: 61-1 L I D ate: 14 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Winchester South, LLC (Phone) (410) 356 -5820 (Address) 10055 Red Run Boulevard, Suite 130, Suite 130, Owings Mills, MD 21117 _ the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 17759 on Page , and is described as Tax Map 76 -A -53K do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates /A Pennoni Company (Phone) (540) 667 -2139 (Address) 117 E. Piccadilly Street, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this / S ' r 'day of s - 2 , 0 , Signature(s) �l�F e Y4AO N State of A4 inia; C itvoun of C -AR-0-0 C-�__ , To -wit: I, kc-fi ,90 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and PUS acknowledged the same before me in the jurisdiction aforesaid this i S 4 day of s ;, 20 L z . , eel , 5 i - � My Commission Expires: k� ',/N otaYy Public MASTER DEVELOPMENT PLAN #06 -12 SNOWDEN BRIDGE Staff Report for the Board of Supervisors Prepared: December 31, 2012 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 12/05/12 Recommended Approval Board of Supervisors: 01/09/13 Pending PROPOSAL: To develop 285.40 acres of land zoned R4 (Residential Planned Community) District with a total of 1,234 residential dwelling units. The development will consist of a mix of single family, townhouse and multifamily residential units. This Master Development Plan (MDP) contains the majority of Landbay III of the Snowden Bridge development (see sheet 3 of the MDP). This MDP contains both a revision for a portion of Landbay III that was originally approved in 2008 and administratively revised in 2011, as well as additional acreage located in Landbay III. MAGISTERIAL DISTRICT Stonewall LOCATION: The properties are located on the south side of Old Charles Town Road (Route 761) and Jordan Springs Road (Route 664) and east of Milburn Road (Route 662). STAFF CONCLUSIONS FOR THE 01/09/2013 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Snowden Bridge depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #06 -03. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following the presentation of the application to the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #06 -12, Snowden Bridge December 31, 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 in the review of this application. It may also be useful to others interested in this zoning mattes. LOCATION: The properties are located on the south side of Old Charles Town Road (Route 761) and Jordan Springs Road (Route 664) and east of Milburn Road (Route 662). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBERS 44 -A -3113, 44- A -292A, 44 -A -293 PROPERTY ZONING & PRESENT USE Zoned: R4 (Residential Planned Community) District Use: Residential Planned Community ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA Use: ResidentialNacant South: RA, R4 Use: Residential/Vacant East: RA Use: Residential/Vacant /Agricultural West: RA Use: Residential/Vacant /Agri cultural PROPOSAL: To develop 285.40 acres of land zoned R4 (Residential Planned Community) District with a total of 1,234 residential dwelling units. The development will consist of a mix of single family, townhouse and multifamily residential units. This Master Development Plan (MDP) contains the majority of Landbay III of the Snowden Bridge development (see sheet 3 of the MDP). This MDP contains both a revision for a portion of Landbay III that was originally approved in 2008 and administratively revised in 2011 as well as additional acreage located in Landbay III. REVIEW EVALUATIONS: Virginia Department of Transportation A VDOT review has been conducted for the revised Snowden Bridge Master Development Plan (Rev #2) having a revision date of 10/31/12 that was received electronically in our office on 11 /l /12. All previous VDOT comments have been satisfactorily addressed and the plan is therefore approved by VDOT. Frederick County Fire & Rescue: Plan Approved Frederick County Fire Marshal N/A MDP #06 -12, Snowden Bridge December 31, 2012 Page 3 Frederick County Inspections Department: Existing structures require a demo permit prior to removal. Engineer Design Required for foundations in wetland areas. Comments shall be made at site plan /subdivision master plan submittal. Frederick County Public Works We offer no additional comments at this time. Frederick County Sanitation Authority: Review R5 -1 approved as noted. Parks and Recreation Department: The plan appears to meet requirements. Winchester Regional Airport: The proposed MDP revision 02 for Snowden Bridge has been reviewed and it should not have an impact on airport operations. Department of GIS: All street names are approved for use in the Frederick County Road Name System. Frederick County Schools: Frederick County Public Schools has reviewed the revised Snowden Bridge Master Development Plan Revisions 42 submitted to us on October 11, 2012. We note that proposed dwelling units have increased by 384. We also note that the cap on the total number of dwelling units approved by the County (2,465) is not proposed to increase, and that access to the school site will not be changed. As impacts on FCPS remain below planned, approval levels, we offer not comments. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning districts were 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 properties and all other A -1 and A -2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06 -03 which rezoned the 794 acres to R -4 (Residential Planned Community) with proffers. A Master Development Plan was approved in 2005 for Phase 1 — Part A, and was then revised in 2005. A MDP revision was MDP #06 -12, Snowden Bridge December 31, 2012 Page 4 then approved in 2008 that separated the Brookfield- Stephenson Village, LLC land holdings from the remainder of the development. C) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County 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. [Comprehensive Policy Plan, p. 1 -1] Land Use Compatibility: The parcel comprising this MDP application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. The subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. Site Access and Transportation: The Snowden Bridge development is accessed via Snowden Bridge Boulevard which is a major collector roadway that intersects with Old Charles Town Road (Route 661). The majority of the development is proposed to be served by public roads, but also contains some private streets and alleys (see sheet 7 of the MDP — Road Classification Table). The MDP also depicts the location of the proffered private pedestrian trail system (PTS). PLANNING COMMISSION SUMMARY OF THE 12/05/12 MEETING The applicant's representative stated this MDP finishes off and plans the remainder of the property owned by Brookfield Stephenson Village. The applicant's representative commented that the community center and other recent improvements have sparked interest and, as a result, the applicant is moving forward with planning and is looking forward optimistically to the future. A member of the Commission commented that considering this phase of development, the applicant appears to be at the threshold where Snowden Bridge Boulevard will have to be completed out to Route 11, as well as nearing the threshold of the commercial aspect of the development as well. The staff replied that the submittal before the Planning Commission does not trigger those proffers at this time. Staff commented that the MDP is consistent with the Comprehensive Policy Plan, the zoning ordinance, and the proffers for Rezoning 406 -03. Staff noted the MDP is in a form that is administratively approvable and is presented to the Commission as an informational item only. There were no citizen comments. No issues were raised by the Commission. (Note: Commissioners Lemieux and Thomas were absent from the meeting.) MDP #06 -12, Snowden Bridge December 31, 2012 Page 5 STAFF CONCLUSIONS FOR THE 01/09/2013 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Snowden Bridge depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning 906 -03. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following the presentation of the application to the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. M4 1 15B 41k�3 Q0 ��' I AI Qim EDGEHILL Subdivision qa4 0,2 ME a!a 'e�a 'qv (.0 ace 44 A 267 44 A 4A �� Q g2—E 1 1 "1 ' A 224 44 A 225 44 p 44 A � A 226 228 242 44fA 229 44 A 44 A 279 4A 3 A 0 44 A 44 A 232 44 A 239 44 A 280 44 A 231B 4q A 44 A 234 292A 233 44 A 238 44A293 on �44A 44 A 237 44 11 1 236 A 4428$' 44 A 289 45 9 3 44A29,1 •�' 44A37B O Applications I ' srePnenso Q Parcels . c Building Footprints T i A \k l 131 (Business, Neighborhood District) n a \\ B2 (Business, General District) :+ B3 (Business, Industrial Transition District) f EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) I (Mobile Home Community District) 4W MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: Frederick County Dept of MDP # 06 -12 Planning & Development 07 N Kent St e Snowden Bridge suite 202 PINS: Winchester, VA 22601 540 - 665 - 5651 44 - A - 31 B, 44 - A - 292A, 44 - A - 293 Map Created: November 14, 2012 0 190 380 760 1,140 1,520 Feet g4„jA' 44 A 200 44�� 1±3 1.70A �. 44 A 170 22 d 67 !93 162 44 A 4aA �A 169 44 L70C A 203 44 A 44 A I66 4q A 169 139 44 A 202 44 A/204 44 A 205 44 A 207 44 A 292 44 A 206 44 A 208 • 41k�3 Q0 ��' I AI Qim EDGEHILL Subdivision qa4 0,2 ME a!a 'e�a 'qv (.0 ace 44 A 267 44 A 4A �� Q g2—E 1 1 "1 ' A 224 44 A 225 44 p 44 A � A 226 228 242 44fA 229 44 A 44 A 279 4A 3 A 0 44 A 44 A 232 44 A 239 44 A 280 44 A 231B 4q A 44 A 234 292A 233 44 A 238 44A293 on �44A 44 A 237 44 11 1 236 A 4428$' 44 A 289 45 9 3 44A29,1 •�' 44A37B O Applications I ' srePnenso Q Parcels . c Building Footprints T i A \k l 131 (Business, Neighborhood District) n a \\ B2 (Business, General District) :+ B3 (Business, Industrial Transition District) f EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) I (Mobile Home Community District) 4W MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: Frederick County Dept of MDP # 06 -12 Planning & Development 07 N Kent St e Snowden Bridge suite 202 PINS: Winchester, VA 22601 540 - 665 - 5651 44 - A - 31 B, 44 - A - 292A, 44 - A - 293 Map Created: November 14, 2012 0 190 380 760 1,140 1,520 Feet ml HOV'I'IIA K0SNHHdH,LS Q'PH"1AX0M2 'JN NIUMNIJN3 MN33l1J UU 1] Z* A3tl - Ntlld 1NXMOl3A30 a31StlW 03SIA3m �J N34MONS d3'3HS 2{gA00 s - C c w D Ej 1 0 11 0 1 111 o i c;. C, co z o � - ff.��••_a��o �oox x� W E, a - Q � s _ Q _ o a fi III I I I I I Jo d or x Q 6 W L v wn - 2, e w a 5 S Sa8a8 �SaSa S a8a�8��'SSSaB aa9a =� S a a y y 8 a 3 m EE F f = E° E W � E c� _ Evo H m_mnx - - - - _ B v a t R f E 1 1 ER in in; E R x aaw ti l oll EcuA ti n °R- E V ° E ` - E oZ _ m - _ a _ _- - �w- - -' - - cE �_'° - - x� H Nil it 1 _ m� - 1 - 11 - _ 9 �, E R, �m °F wF .RZ - ' =f afE - mfg i . � - N %f gta + VA `FJ-3 't.1 —p—d ¢� M p[.[ }s[Q ie[.[a}s[2e VI 11em —js TI [ DTI `3DVIA KOSN3Hd3 Q' ,LS HUNOOHE o [� i [ L \J z Z- AM - NVld IMMOIMM tl31SYN O3SIA3 " tl "'`9NI833NIJN3 AtlMN338� � � ° 5 3!D(1188 N34MONS �� 0 S3I,LII3d011 l II3N[OPQV QNV �[UGNI[lOfl 'I'IV2I3A0 A maA "�gaPa5 'n$� 0� a P, r as \ O \ a O0 OD O G �m �xh G� a a,� oG 0� / 4� 9TI0�0 OO � P �0 0 6 o� �8W bH '3NOZ va NaNa 4 by ¢� M }�[.I }scQ i9[.I2 }SIO Ilema�o }S 0'IH `HOV KOSNHHdH,LS MHUH00dH e o A31J - NWM IMM013AM H31SYN 43SIA3U N ° "" UNId33NIJN3 AVMN33HO = ° 5y 3Jd188 N34M0NS e _ [HVHd LKJfNd0 OHZIHVdHNHO CRIHddOM A mignon MINION MINION 11111131 a 11111111 OEM 1111111is ONE nim mum 4 I) � l �. Nr • Q 66 b Z Q ca / m Q o J II V O A P m a m 9 m i 0 a o w _ = m a m 0 a = - - a Y t ZyIA N VA J-3 't.1 p—d '' M cQ 1ec.ra}sr2e(K 119M —js HOV'I'I[A [HOSNHHdHlS 0 m o '•" ° z Y m z Z• AM - NVId 1N3WdO13A30 U319VA 43SIA3IJ d " "ONId33N6" 300189 N30MONS e _ SHHn LVHH ''1V,LKHWKOH1ANH 911S HHVHHA0 , i wm I - �ai wpm r � Y'1 K N <6 ii�� 1 W �ao�ow w � I ° � >,'; +i'`4�'��, _ � �'��,iiriiiliilt : � , ° e EWE UF6LLr is °> Qwwwrw a�x 9j �I1)II 3 arc °mac°�w � u 1 4�L J a S W m o o ,°° m '�' V ` �� ' I t\ `, •,i ld'ia \l \� m ro e ° w •r pl . / 1 ,:1Jy = 11 �`\ 1111, w w o ° m „lti %` gHn'itlly'n R n w r r'i _ -��I� r r rn 14 iii %� t`�ul�,t�� ?�\t \,�o /�1jq1 tl �'Ir/ 1' -r '! r// :a- „ / r , 1r11i 1 4 r i ,n l rr '/J n)I ))Iri 1n, `)Vv lip o w a s ° z o HE !` ;w`� q ,,' +.• _,, %l r' -� r ' � �' �__ %/•”' Z'f /� \�\ut \t \. >�2�i'�I`�i �� _ i c ;L \ }�1;1 �s`�L', - a \ '� /'^ \` ��,``\�.`' t . sa�i,<'�Pi;;,/' ,r,• -' - � �r /4r ,;rte �, �� /,r _;- ° = - -,i 'ii lr�Al'lny�tl'yu0r nor/ ✓.'�'� �r `_sue rii'/'/4''� 1% 1� ",.`\ ��r ( ✓i'ii ' r I pltio� - /_ / - < ' _. I ''1.i I / '� �,j 1J /: �I{ �__ 1 � � <p % � ' •� \�Ir �i \U 1111 \. �Oi� %G inJ Ll ii ''.: 1 �►` ,� "��'� t` �\lt ` � ,,�_ - i�)i i //1 i' /i.."\ 1'I° /1 ,. J..- �ii�ii / %'�,�1 \111'I�n'i�u; g zm _ y / _ = 1, )� ", ;.\ i � ! � /i ,• yl k+' \_/ I I \ ,� pw ,r,- /1,1 / JrII II 0 , li r z ' U " 'a; awaw x zo r m',Iirj r,�,� /o � V ` �, 4 _ ✓ r , , r r / /,r l +,,r�( \ / r I r r r r /i / //, , r , nGrrrl!Irp I • ( ; /; i ^ -, ;. ,r r , _ , l o N l \I \{ l r il -� �, , l ,II / , /, rfr r �_ `'\ .- " � t 7 , � _ ;��. ' ,/ m(' 1 11 �- _r \t11 l " /// '`� 11'::!:r��" -• &_, ,� �� -_\ 1 a w - ; ^_ � •' {/ .`` � r ,\ 1 ii / /: ,, `�i::'r�:��' r - r i _ _'__'`t_ _ \ � y) ` -_•� _`:w 5'. � - - ..;� 1uil, { /,i , ' - I /,r, /r. /,,,/ ,�' ,;� 8 , , �J'fr r 1 \ \t_�__ '� , •'rur ` u: ' 0,,,1J�uG ,�� l � 'r / / l \` ` / \ s < '�•'C = � as _ \�nl ,! I /un 1�, V 1 I - = = `J ,,� ^\ `_• \ t � - I 1 � ' k\ f \ `, t r��, I I` II II'iil \� HIV = ` - ,`�_ L , r 1 \•' /_� " "' _- `\ �.'- ,. ,I Ilu�ytll •� 1 = .�___ r `�\ - --- J J {�'' �_ - .�" /�_ \ / "i rq///'_ - 1111 v kf�r,r /' Ir = %! / ip % �- -_ \ \�,. , i S! ^�� {I1P Iii. ri g 1 .flail NO \�,tt\ �;�,- 'r' �; � �•` \I 1{ ,'r - _� �, t 1P °11111 �t1 °� - _ a . ¢� M [4 iec.xa}s�2e Ar [[9M2U0 }S o � 71 dOVTllA KOSNflHdddS CIUUMOOHEI o Z A3H - NVId 1N3WdOl3A30 H l8VV4 03SIA38 z J r z - `9NId33NIJN3AtlMN3389 ,o � "O a s o 3001813 N3aMONS _ ,L33HS N0[,LV'i[1flV,L d,LV032IadV ,LN3Wd0'i3A3Q er F x z F� W S� F m iw - = a a �m� �a xx eF o a w a 9m 5 ` E�ss ;a ` _ Er Ell °EL 8 3 3 3 EzV � z g P d o� m F - F d o� m glA a VA `F1 -3 ,pl —p—d M }��s }eTc iec.xa}scBe Ar [[9M —js o _ "� 3BV'i'IIA NOSN3Hdd,LS Q'131AMO0dH N o `� z Z� A38 - Ntlld 1NWM013A30 EGISM 03SIA3tl u ' AtlMN33l1J �� 0 0� 3JdHS N34MONS z X3QN[,L33HS QNV NV'ld HS[1 QNV'l 5 - W Z w< IS LLI W gE IL. �r� w a 1 w . i Vi / � IR1Mt066i_- _ I/ O o a. s "o °\ b � e ` g' P "•' B ss ' � a � a ' om 40 00 ' c o / � slo •P� ''P2�o sY �`I N�_ mazes 4ye Y -, coed S i� e Y S� 3t t ol oz> 2 0 3 a ' NIll it R e s ue? q 3 z v e11 a' s o� z a e l rE � Ya°pV � I — a v I K. z e r � T o E o , ° z rpuE'i � y .02 SMW ;ago � z a2FO�,aa_ o K. �2 � MASTER DEVELOPMENT PLAN APPLICATION FORM Department of Planning & Development Use Only -- Application # °°/ Date Annlication :Received: 1. Project Title: Snowden Brid ge- Master Development Plan, Rev #2 2. Applicant: Name: Greenway Engineering, Inc Telephone: 640- 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 3. Property Owner (if different than above): Name: B rookfield Stephenson Village, LLC Telephone: 703 - 270 -1470 Address: 8600 Executive Park Avenue, Suite 300 Fairfax, VA 22031 4. Design Company: Name: Greenway Engineering, Inc Address: Same Telephone: 640- 662 -4185 5. Please list names of all owners, principals, and /or majority stockholders: Richard J. Dengler 6. Magisterial District: Stonewall 10 7. Property Location: The property is loc ated on the south side of Oid Charles Town Road (Rt. 761) and J ordan Springs Road (Rt. 664 and east of Milburn Road (Rt. 662) (Give State Route # and name, distance and direction from intersection) 8. Is this an original or amended Master Development Plan? Original —L2— Amended �, Previous MDP# 01-12 9. Property Information: a) Property Identification Number (PIN): b) Total Acreage: C) Current Zoning: d) Present Use: C) Proposed Uses: 44 -A -31 B, 44-A-2 92A, 44 -A -293 364.73 acres P � o1 R4 Residential Planned Community District Residential /Undevefoped Residential Planned Community 10. If residential uses are proposed, provide the following: a) Density. 3.4 units /acre b) Number of Units: 1,234 units c) Housing Types: Single- family, townhouse, multi -faro 11. Adjoining Property use and zoning: USE ZONING North See Attac List East South West I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): Date: Date: Date: Date: I Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co,frederick,va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Brookfield Stephenson Village, LLC-- Richard J. Dengler,Vice President (Phone) 703 - 270 -1470 (Address) 8500 Executive Park Avenue, Suite 300, Fairfax, VA 22031 the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by 110007387 110007387 Instrument No. 1 10007388 on Page , and is described as 31B Parcel: 44 Lot: 293 Block: A Section do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc (Address) 151 Windy Hill Lane, Winchester, VA 22602 (Phone) 540- 662 -4185 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to :File planning applications for my (our) above described Property, including: _ Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Rev #2 Subdivision _ Site Plan Q _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one In witness thereofj4e) her to Signature(s) the day it is signed, or until . it is otherwilo esc or modified. (our) hand and seal this � 2l day of , 20�, State of Virginia, City /County of A �% To -wit: I, a Notary Public in and for the juri certify that the son(s) who signed to the foregoing instrument personally appeared b nowledged the same be me in the jurisdiction aforesaid this � - J . day of �_, 20� My Commission Expires: Notary bli Subdivision: Snowden Bridge 'f r e RESOLUTION Action: BOARD OF SUPERVISORS: January 9, 2013 APPROVED DENIED DIRECTING STAFF TO UNDERTAKE A SWSA EXPANSION STUDY TO EVALUATE LAND IN THE VICINITY OF THE LIGHT PROPERTY, NEAR THE INTERSECTION OF WOODBINE AND WOODSIDE ROADS WHEREAS, The Light family owns approximately 400 acres, near the intersection of Woodbine and Woodside Roads, adjacent to the CSX Railroad. The parcels are identified by Property Identification Numbers 31 -1 -A, 34 -A -613, 34 -A -7, 34 -A -8A, 34- A -129A, 34- A -129E, 34- A -129F, 34- A -129G, and 34- A -129I, in the Stonewall Magisterial District; WHEREAS, The properties collectively are designated in the 2030 Comprehensive Plan for various types of business development land uses, yet only a portion of the properties are located within the Sewer and Water Service Area (SWSA). To most effectively develop the properties and expand the industrial tax base, it is desirable to enable access to the public water and sewer system; WHEREAS, The request for consideration of this Sewer and Water Service Area (SWSA) expansion was sponsored and presented to the Board of Supervisors by the Stonewall Magisterial District Supervisor on December 12, 2012; and, WHEREAS, The Board of Supervisors supported the Stonewall Magisterial Districts Supervisor's request to place a Resolution on the next available Board of Supervisors' agenda; NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors directs 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, and regarding an expansion of the SWSA to incorporate Property Identification Numbers 31 -1 -A, 34- A -6B, 34 -A -7, 34 -A -8A, 34- A -129A, 34- A -129E, 34- A -129F, 34-A- 129G, and 34- A -129I. Passed this 9 day of January 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr . Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator BERKELEY COUNTY WEST VIRGINIA RD rjS; SO N pA D O Applications Q Parcels B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) _ M1 (Industrial, Light District) M2 (Industrial, General District) - MI-11 (Mobile Home Community District) MS (Medical Support District) (` OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) ME 1 f t � AG �� W�OB/NE RD z e BAN �QF. SpN S� O� z c �Ra f c Clear 8r�ok Note: Frederick County Dept of Planning & Development CPPA Resolution 107 N Kent St Light Properties suite es g p Winchester, VA 22601 1 0 540 - 665 - 5651 Map Created: December 27, 2012 Staff: elawrence 0 750 1,500 3,000 Feet COUNTY of FRFDFRICK Department of Planning and Development MEMOR �T T� 5401665 -5651 ANDUM V M FAX: 5401665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner' Subject: Discussion — Proposed Revisions to the Master Development Plan Review and Submission Requirements Date: December 31, 2012 As the Board of Supervisors is aware, the way in which Master Development Plans (MDP's) are currently processed and reviewed by the Commission and the Board of Supervisors does not precisely follow the requirements outlined in Part 801 of the Zoning Ordinance. Specifically, the Zoning Ordinance requires the Planning Commission to make a recommendation to the Board of Supervisors on these plans and then, subsequently, the Board of Supervisors is required to approve or deny the MDP. However, due to the fact that MDP's demonstrate compliance with the County Code and are not scheduled for review at a public meeting until they meet all the requirements and have addressed all review agency comments, MPD's are only presented as an informational item to the Planning Commission and the Board of Supervisors (no action on the plan is required). Therefore, to bring the Zoning Ordinance into compliance with current practice, staff has prepared a revision to Part 801 of the Zoning Ordinance - Master Development Plans, to update the MDP requirements, revise how MDP's are processed, and reorganize the text for clarity. Proposed changes are as follows: • The text has been reorganized as follows: • Review Conference and Preapplication conference have been combined. • The required content (plan information) for MDP's has been relocated from the end of the ordinance to the beginning (so that it is ahead of the MDP submission requirements). • Ordinance updates: • Intent — updated to include references to subdivisions. • MDP Process has been modified to remove the Planning Commission and Board of Supervisors approval requirement. MDP's are reviewed by County staff to ensure compliance with the County Code and then presented to the Planning Commission and the Board of Supervisors as an information item only (consistent with how MDP's are currently being processed). • Revised MDP Process flow chart. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Board of Supervisors Discussion Master Development Plans December 31, 2012 This item was discussed by the DRRC at their October 2012 meeting. The DRRC endorsed the proposed revision as drafted and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 5, 2012; the Commission forwarded the amendment to the Board of Supervisors for discussion. 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). 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. Draft revisions to Part 801 - revised ordinance with additions shown in bold underlined italics 2. Draft revisions to other MDP references in Chapter 165 3. Resolutions CEP /bad DRAFT REVISIONS TO PART 801 ARTICLE Vill DEVELOPMENT PLANS AND APPROVALS Part 801- Master Development Plans § 165 - 801.01 Intent. The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and /or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied. § 165 - 801.02 When required. A. A pFe li m i Ra Fy Master Development Plan (MDP) ^pd a fipal "^IDD shall be submitted to the Director of Planning and Development, and shall be presented to the Planning Commission and the Board of Supervisors as an informational item. feF PI@RR C- e;�ssieR apd- °eard- of SbiFeFviseTs. tea; Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District HE High Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office - Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District DRAFT REVISIONS TO PART 801 B. The MDP shall ;mot include the subject property proposed for subdivision or development as well as all contiguous land under single or common ownership in the above zoning districts. C. A p. Fy MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. § 165 - 801.03 Waivers. A. RP, R4, R5, M-S and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance District), the R4 (Residential Planned Community District), the R5 (Residential Recreational Community District), °"Flew S„pp^.+ r,; - +.; r+ and the MH -1 (Mobile Home Community District), if the proposed property for subdivision or development: (1) Contains 10 or less single - family detached rural traditional, single - family detached traditional or single - family detached urban +.- „d'+'^ d etac h e d s i Rg l^ fai:,"., dwelling units ( all other permitted housing types shall require a MDP) (2) Is not an integral portion of a property proposed or planned for future development or subdivision; (3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (4) Does not substantially affect the purpose and intent of its zoning district and the intent of this article. B. M1, EM and M2 Districts. The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), ZeRiRg PistF;e+ the EM (Extractive Manufacturing), ZeRlRg DiStFiet or the M2 (Industrial General) Zoning Districts if the proposed subdivision or development: (1) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street, road or rights -of -way and does not significantly change the layout of any existing or dedicated street, road or rights -of -way; (2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (3) Is not an integral portion of a property proposed or planned for future development or subdivision; (4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (5) That such development does not substantially affect the purpose and intent of this chapter. C. B1, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if the proposed subdivision or development: 2 DRAFT REVISIONS TO PART 801 (1) Contains less than five acres in the 131 District and less than 10 acres in the B2, B3, MS or HE District; (2) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; (3) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (4) Is not an integral portion of a property proposed or planned for future development or subdivision; (5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (6) That such development does not substantially affect the purpose and intent of this chapter. § 165 - 801.04 RaWaw Preapplication conference. Prior to submission of a rY Fy master development plan for review appFeval, the Department of Planning and Development staff may require, or an applicant may request a +ti ap 4e + -44 4 Feguest a Feview preapplication conference with the GeuRt s _ The purpose of the Preapplication ri—lpw conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development plan. A. If required, at the preapplication conference the applicant shall provide a land use plan describing the following: (1) The general location of the site. (2) The general location of proposed roads. (3) The general location and types of proposed uses, environmental features on the site, housinq types or open space. (4) The uses on adioining properties. 3 DRAFT REVISIONS TO PART 801 . ow" 4 'cc�^&165 -801.5 Contents of ~ ~T master development plans. A. The following items shall be required for MDP's in all Zoning Districts. All required items shall be shown clearly on the plan. All p. Fy MDP's shall be prepared in accordance with the following specifications: (1) The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than one hundred feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join. (3) All MDP's shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDP'S. (5) The total area of the property shall be specified on the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director. (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. W DRAFT REVISIONS TO PART 801 (8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. (9) The use of all adjoining properties shall be clearly designated on the MDP. (10) All existing, e+ approved or planned public roads, streets or rights -of -way on the project or within 2,000 feet of the boundaries of the project. (11) Any approved proffers associated with property. (12) The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. (13) A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement. (14) The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities. (15) The ownership and use of all adioining parcels, including parcels across road right of ways. B. Contents of a p. Fy master development plan in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH -1 (Mobile Home Community) District. The r . Fy MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights -of -way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. 61 DRAFT REVISIONS TO PART 801 (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided. (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. (11) The proposed location, arrangement, and right -of -way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165- 202.04. (12) The location and arrangement of street entrances, driveways and parking areas. 13 A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot. 14 Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. C. Contents of a p. Fy master development plan in the M1 (Light Industrial) District, the M2 (Industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the 131 (Neighborhood Business) District, the B2 (Business General) District, the B3 (Industrial Transition) District, the OM (Office- Manufacturing Par)k District and the MS (Medical Support) District. The p. Fy MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: (1) A conceptual plan, showing the location and arrangement of proposed uses (2) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and Percentage of each type to be placed in open or landscaped areas. (3) The proposed location and arrangement of all streets ct s aT,u proposed and existing utility systems. L" DRAFT REVISIONS TO PART 801 (4) The ^ e d l,, o f to the d,, ve l e p : ,. ^+ f. ^w, ^ i st i Rg pu bli . streets. The location and arrangement of existing and proposed public or private roads, existing or proposed entrances, and driveways from existing and proposed public or private streets. (5) A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel. (7) All pFepesed buffeFi, g @Rd seFeeRiRg FequiFed by this ehapteF. The location and extent of Proposed buffers required by this Chapter, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. § 165 - 801.06 °~T Master development plan submission. Applicants shall submit 42- the number of copies of the pFe li m i Ra Fy MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application together with completed application materials required by the Department of Planning and Development. Pi appFeva of the pFe li ..,;., @. nnno shall be .,iyeR by the B e@F d of S u pe F Fs A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development, "^^ ^{^lr^^e^ "as been he ...`.1..1....,.,,11.`... - 1-1-11 ....... ...`_ `.. ... .. ..... ... -. ... . 11`.11.... ..-.., .. . `. .. 1 ..... `.`.. , &-8. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and review agency approval comments to the Planning Commission faF 49 as an informational item. DRAFT REVISIONS TO PART 801 DC. Following the informational presentation of the MDP to ae t i ep Af the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors f sr its as an informational item. The Shall e+the appFeve —the p ellmi^ .., nnno appFeye -It w Fequ ehaRges eF deRy th € D. The ^F Fy MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new ^F Fy MDP. F. Site plans or final subdivision plats may be submitted concurrently with ^F Fy master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. ARy sueh pl @Rs may be eeRs e -Fed- e- ReuFFeRt b the Master Development Plan Approval Process § 165 - 801.07 Final master development plan. E DRAFT REVISIONS TO PART 801 A. The final MDP shall conform to all requirements of the County Code. A e Applicants shall submit 44 minimum of five copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met, and if a P. MDP was presented to - appFeved by the Planning Commission and Board of Supervisors a d_ If all reed ehaRges have— bee�a made apd all — ef. the GeuRty Cede h@ve beeip met, withiR 69 days ef its sub-FAi-s-sie.p. Pail-re Af the Direete-F te ;art *A 6-9- -days shall be deemed appFeva4 D. A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator. §165-801.08 Changes to approved Master Development P lans. Changes to an approved MDP shall occur only after review by the Planning Commission and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. § 165 -801.44 9 Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP. DRAFT REVISIONS TO PART 801 Rerfew CbnferfnGe with Siatf Pra Applloetian Con+erenoe' with Planning Commis. ion 5ubmisrian of Preliminary MDP, Applieallon and CC--: to Staff Review Ey ConsVl4Yng Epglnq lr 10 Reviews P nary fiubmission to and PC Appr Approval Changer vial mission to Board 6f SU RefWSflrs APPr RPProral Danad with changes '"DP ggprn ved Flnai MDP Approve. Staff by SIai4 F {nal Svbdiv {sion Final Subdlvlsion or Site Plan or Sl}e Plan t „ ar Iv PC 10 Various MDP References - Chapter 165 (Table of Contents) ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans 165- 801.01 Intent. 165- 801.02 When required. 165- 801.03 Waivers. 165- 801.04 R e v I e v.g ^^^ Preapplication conference 165- 801.05 PFeapp'i^^ + *^^ ^^ ^ 'r^ ^^ ^. Contents of master development plans. 165- 801.06 °ray= Master development plan submission. 165- 801.07 Final master development plan. 165- 801.08 Changes to approved master development plans. 165- 801.09 °rn *^^eRaF� "" ^r +^.P -'^ ,^'^^^^^^+ ^' ^^ "^^!�,;*^^ Master development plan review fees. 1 GO5 -88Q1 11 PiAal m rite -F d m ^^+ p 1 GO _5 - 8^Q1.1 _2 "n P- 1 eye pia A r ev f v. ; fees ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165 - 101.02 Definitions & word usage. MASTER DEVELOPMENT PLAN - A general plan of development appFeved reviewed by the Board of Supervisors for new developments in certain zoning districts before subdivision or site plan approval, according to the requirements of this chapter. Part 202 — Off - Street Parking, Loading and Access § 165 - 202.04 Streets; Inter - parcel connectors. All residential subdivisions of more than 10 lots in the RP, R -4, R -5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) appFeved reviewed by the Board of Supervisors. This requirement for inter - parcel connector streets may be waived by the Board of Supervisors upeR appFeval of the "^.,s +^. P eRt °' ^") ("^^°` if the Board finds: i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped Various MDP References - Chapter 165 parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter - parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. Part 402 — RP Residential Performance District § 165- 402.01 Intent. B. Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and @depted reviewed by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted multifamily development percentages and densities are identified. Multifamily housing types are allowed only when they adjoin similar uses or are properly separated from different uses. The ^F Fy master development plan shall specify the amount and percentages of all proposed housing types. The pFe li ,. iRaF,. mas d ,., eRt ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501— R4 Residential Planned Community District § 165 - 501.01 Intent. The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval -a49p#e-R of the master development plan by the County the D @^^ *^^ apd Be of SupeFviseFs Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, Various MDP References - Chapter 165 roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. Part 502 - R5 Residential Recreational Community District § 165 - 502.02 Master development plan. All land to be contained within the Residential Recreational Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval -a4ep#e44 of the master development plan by the County ##e D @RR!R^ GemmissieR a^d Q^-,.d ^{ _S upeF iseFs Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165 - 502.05 Design requirements. M. Alternative access. A combined system of pedestrian and /or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. Such access shall be connected with existing travelways adjacent to the residential recreational community development. In age- restricted communities, at the time of master development plan appFeva4 review the Board of Supervisors may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the master development plan. Part 504 - MS Medical Support District § 165 - 504.03 District area, floor -to -area ratios, and residential gross densities. C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan appFeval review process. Action: BOARD OF SUPERVISORS: January 9, 2013 ❑ APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165 ZONING ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS PART 801 MASTER DEVELOPMENT PLANS 165- 801.01 INTENT, 165 - 801.02 WHEN REQUIRED, 165- 801.03 WAIVERS, 165 - 801.04 REVIEW CONFERENCE, 165- 801.05 PREAPPLICATION CONFERENCE, 165- 801.06 PRELIMINARY MASTER DEVELOPMENT PLAN, 165- 801.07 FINAL MASTER DEVELOPMENT PLAN, 165- 801.08 CHANGES TO APPROVED PLANS, 165- 801.09 PRELIMINARY MASTER DEVELOOPMENT PLAN SUBMISSION, 165 - 801.12 MASTER DEVELOPMENT PLAN REVIEW FEES ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS 165- 101.02 DEFINITIONS & WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 202 OFF - STREET PARKING, LOADING AND ACCESS 165- 202.04 STREETS; INTER - PARCEL CONNECTORS ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT 165- 402.01 INTENT ARTICLE V PLANNED DEVELOPMENT DISTRICTS PART 501 R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT 165 - 501.01 INTENT PART 502 R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT 165 - 502 -02 MASTER DEVELOPMENT PLAN, 165 - 502.05 DESIGN REQUIREMENTS PART 504 MS MEDICAL SUPPORT DISTRICT 165 - 504.03 DISTRICT AREA, FLOOR -TO -AREA RATIOS, AND RESIDENTIAL GROSS DENSITIES WHEREAS, the Frederick County Planning Department has prepared changes to Chapter 165 Zoning to update the Master Development Plan requirements, revise how Master Development Plans are processed and reorganize the text for clarity. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment at their October 2012 meeting; and WHEREAS, the Planning Commission discussed the draft ordinance on December 5, 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 Zoning to update the Master Development Plan requirements, revise how Master Development Plans are processed and reorganize the text for clarity. 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, PART 801 AND OTHER MASTER DEVELOPMENT PLAN REFERENCES IN CHAPTER 165 AS OUTLINED ABOVE. Passed this 9th day of January, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. Gene E. Fisher Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development M EMORANDUM ,� 5401665 - �!� � J ivy SAX: 540/665-6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner�0 Subject: Discussion — Tall Grass in Commercial and Industrial Zoning Districts (Chapter 122) Date: January 2, 2013 Staff has been requested to draft a revision to Chapter 122 -- Nuisances to address the cutting of tall grass and weeds in commercial zoning districts. Currently, the ordinance only pertains to residential zoning districts. Staff has also drafted new definitions as well as revisions to the notice requirements and the lien text. Proposed revisions are as follows: • Definitions: o Proposed definition of owner and weeds. • Cutting of grass, weeds and foreign growth in commercial and industrial districts (similar requirements to the residential districts): o It shall be unlawful for the owner of any developed or undeveloped property zoned B1 (Neighborhood Business) or B2 (Business General) to permit grass, weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling, building or road right -of- way. • Inspection and Notice Requirements and Liens: o Removes the inspection and notice text from the "prohibited growth generally" section and creates a new section titled "Inspections and notice to cut ". a Revised text states that written notice shall be posted on the property as well as sent by mail (current process) or served. o Revisions to the lien text to reference the notice requirement and update the text. This item was discussed by the DRRC at their October 2012 meeting. The original revision included all commercial and industrial zoning districts, but the DRRC recommended that the proposed revision be limited to the B1 and B2 Districts, and the amendment was revised accordingly. The Planning Commission discussed this item at their December 5, 2012 meeting. Commissioners discussed the impacts of this amendment on future state stormwater regulations, and that the fact that a mowed lawn would be treated as impervious area and that natural growth would be encouraged. The Commission also discussed the distinction between areas intentionally left overgrown versus areas purposely planted with indigenous plants to satisfy stormwater regulations. With those comments the Planning Commission sent the amendment forward to the Board of Supervisors for discussion. 107 North Dent Street, Suite 202 • Winchester, Virginia 22601 -5000 Frederick County Board of Supervisors RE: Chapter 122 — Tall Grass January 2, 2013 Page 2 The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). 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. 2. Resolution. CEP/bad ATTACHMENT 1 Chapter 122 — Nuisances § 122 -1. Definitions. For the purpose of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section: NUISANCE - That which annoys, vexes or creates a health hazard or that which, by its use or existence, works annoyance, injury or damage to others. OFFENSIVE MATTER - Feathers, offal, dead animals or portions thereof, meat wastes, blood, tankage or any putrescible, organic matter; provided, however, that the term "offensive matter" shall not be construed to apply to livestock manure and poultry manure. OWNER - Shall mean any person holding title to, or having an interest in the property according to the Frederick County Circuit Court Land Records for any lot or land in the county; a lessee, tenant or principal occupant of any land or lot in the county; or an agent of a person holding title to, or with an interest in, such land or lot, having care, custody, control or management of the land or lot; or fiduciaries holding title to, or with an interest in, such land or lot, or having the care, custody, control or management of land or lots in the county for others. WEEDS - Shall mean grass, weeds, bushes, vines, poison ivy, poison oak or any other foreign growth, other than trees, ornamental shrubbery, flowers and garden vegetables. § 122 -5. GUttiRg 9f gFass weeds, and fGFe+gw gFGWth FeqWiFedi Retise Prohibited growths generally. A. It shall be unlawful for the owners of developed or undeveloped property located in a platted residential subdivision, within a residentially zoned district (RP Residential Performance, R4 Residential Planned Community, R5 Residential Recreational Community, and MH1 Mobile Home Community) to permit grass, weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling or building. Apy perse wh f efuses 9F Tegies s—te c�A eF Femeve 6�chi B. It shall be unlawful for the owner of any developed or undeveloped property zoned B1 (Neighborhood Business) or B2 (Business General) to permit grass, weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling, building or road right -of -way. 1 ATTACHMENT 1 § 122 -5.1. Inspection and notice to cut. When the Zoning Administrator, or his or her designee, has determined that a violation of Section 122 -5 exists, he or she shall notify the owner of the land or lot on which the violation exists to cut or cause to be cut the weeds complained of to a height not to exceed three inches, within 10 days of receiving written notice. Such notice shall be in writing and shall be posted in a conspicuous place on the offending premises and sent by first -class mail to the last -known address of the owner and to the occupant of the offending premises, or may be served by a special conservator of the peace in any manner of delivering process authorized by law. For purposes of this article, one notice per growing season shall constitute "reasonable notice" so long as the notice indicates that the owner must cut the weeds as often as reasonably necessary during the growing season. § 122 T 122 -5.2. Work done by County; costs to become lien. A. In the event of a vi tien of § A If weeds are not cut within the time required by the notice provided for in Section § 122 -5.1., the Zoning Administrator or other properly designated official shall ` have s G" gFass we eds A et h er f ^r rt • t h Gut b i ageRts eF empleyees, OR whiGh eve.pt the Fea 1:9 e c---A--qt the.reef shall be GhaFgeahle te ;;Ad paid bY the ewReFs ef the s6iGh pFepeFty and may, cause them to be cut and the cost and exaense thereof assessed aaainst the owner of such aroaerty. Such assessment shall be collected by the County as taxes and levies are collected. B. Every charge authorized by this section with which the owners of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property. 2 Action: BOARD OF SUPERVISORS: January 9, 2013 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 122, NUISANCES 122 -1 DEFINITIONS 122 -5 CUTTING OF GRASS, WEEDS, AND FOREIGN GROWTH REQUIRED; NOTICE 122 -5.1 INSPECTION AND NOTICE TO CUT 122 -5.2 WORK DONE BY COUNTY; COSTS TO BECOME LIEN WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 122 Nuisances to address the cutting of tall grass and weeds in commercial zoning districts. WHEREAS, The Development Review and Regulations Committee (DRRC), recommended approval of this amendment in October, 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on December 5, 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 122 Nuisances to address the cutting of tall grass and weeds in commercial zoning districts. 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 address the cutting of tall grass and weeds in commercial zoning districts. Passed this 9th day of January, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. Gene E. Fisher Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development MEMOR ,� �r T T 540/665 -5651 ANDUM M FAIN: 540/665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Ckl Subject: Discussion — RA (Rural Areas) District Setback Waiver Removal Date: December 31, 2012 Staff has been asked to remove the waiver opportunity currently contained in the RA (Rural Areas) Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot of record if an undue hardship exists. This waiver should be eliminated because these requests should be handled by the Board of Zoning Appeals. This item was discussed by the DRRC at their October 2012 meeting. The DRRC endorsed the proposed revision as drafted and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 5, 2012; the Commission had no comments and forwarded the amendment to the Board of Supervisors for discussion. The attached document shows the existing ordinance with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). 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. 2. Resolution. CEP /bad 107 North. Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 ATTACHMENT 1 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. A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right -of -way of the street, road or ingress /egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size Setback (Side and Rear) (feet) 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 *§ 165 - 401.0713 Remains Unchanged Action: BOARD OF SUPERVISORS: January 9, 2013 ❑ 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 removal of the waiver opportunity in the RA District that allows the Board of Supervisors to reduce the setbacks for an existing lot of records in cases of hardship. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment in October 2012; and WHEREAS, the Planning Commission discussed the draft ordinance on December 5, 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, Zoning concerning removal of the waiver opportunity in the RA District that allows the Board of Supervisors to reduce the setbacks for an existing lot of records in cases of hardship. 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 concerning removal of the waiver opportunity in the RA District that allows the Board of Supervisors to reduce the setbacks for an existing lot of records in cases of hardship. Passed this 9th day of January, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. Gene E. Fisher Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator