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HomeMy WebLinkAboutFebruary_27_2013_Agenda_PacketCO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 27, 2013 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:00 P.M. — Board of Supervisors Work Session Re: Revenue Recovery (Fee for Service 6:00 P.M. — Board of Supervisors Budget Work Session 7:00 P.M. — Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: D and F) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) ------------------------------------------------------------------------- - - - - -- A 1. Budget Work Session, February 13, 2013. 2. Regular Meeting, February 13, 2013. AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 27, 2013 PAGE 2 County Officials 1. Committee Appointments. (See Attached) -- w 2. Request from Commissioner of the Revenue for Refund. (See Attached) ------------------------------------------------------------------------- - - - - -- C Committee Reports 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- D 2. Finance Committee. (See Attached) --------------------------------------------- - - - - -- E 3. Transportation Committee. (See Attached) ------------------------------------ - - - - -- F Planning Commission Business 1. Subdivision Waiver Request — 300N, LLC (Wincrest Drive -Blue Ridge Hospice Site) — Public Road Frontage Waiver. (See Attached) ---------- - - - - -- G 2. Discussion — Private Streets in the R5 (Residential Recreational Community) District. (See Attached) -------------------------------------------------------------- - - - - -- H Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn MOST RECENT VERSION OF mou EXPENSE RECOVERY MEMORANDUM OF UNDERSTANDING Parties: As of [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. 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. Maintain the revenue generated from the Program in an account dedicated to expense recovery, separate from any other revenue, and use the revenue only for purposes of covering operating and new capital expenses resulting from the provision of services for which Program revenue is received, and not for debt service. G. Maintain records evidencing the use of the revenue generated from the Program, specifically evidencing the application of the revenue for purposes of covering operating and new capital expenses resulting from the provision of services for which the revenue is received. H. Submit an annual financial statement to the County for audit by the County's auditor. L Not change second, third, due etc. assignments to prevent Participating Companies from responding into first due areas of Non - Participating Companies. J. Complete all incident documentation in a timely fashion, i.e. within 24 hours from the time an incident is handled. K. 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 County 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. 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. 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: 2 A. Assist in ensuring compliance with all Standard Operating Guidelines established by the Association as approved by the Chiefs Workgroup. 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 60 days advance written notice to the County and the Participating Companies and Non - Participating Companies. Opting in or opting out does not preclude a Volunteer Company from opting in or opting out for a future fiscal year. COUNTY OF FREDERICK, VIRGINIA Title: Date: FREDERICK COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION IM Date: Title: STEPHENS CITY FIRE AND RESCUE COMPANY, INCORPORATED By: Date: Title: 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: GAINESBORO FIRE COMPANY By: Date: Title: STAR TANNERY VOLUNTEER FIRE DEPARTMENT By: Date: Title: GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY By: Date: Title: NORTH MOUNTAIN VOLUNTEER FIRE COMPANY By: Date: Title: REYNOLDS STORE VOLUNTEER FIRE AND RESCUE COMPANY 420 By: Date: Title: MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21, INCORPORATED By: Date: Title: Revenue Recovery Memorandum of Understanding 1. Parties: As of (effective date), the parties to this Memorandum of Understanding (MOU) are the County of Frederick, Virginia ( "County') which includes the Frederick County Fire and Rescue Department and participating companies (to be modified when determined); Stephens City Fire and Rescue, Middletown Fire and Rescue, Clear Brook Fire and Rescue, Gore Volunteer Fire and Rescue, Round Hill Community Fire and Rescue, Gainesboro Volunteer Fire and Rescue, Star Tannery Fire and Rescue, Greenwood Fire and Rescue, North Mountain Fire and Rescue, Reynolds Store Fire and Rescue and the Millwood Station Fire and Rescue Company and non- participating companies (to be modified when determined); Stephens City Fire and Rescue, Middletown Fire and Rescue, Clear Brook Fire and Rescue, Gore Volunteer Fire and Rescue, Round Hill Community Fire and Rescue, Gainesboro Volunteer Fire and Rescue, Star Tannery Fire and Rescue, Greenwood Fire and Rescue, North Mountain Fire and Rescue, Reynolds Store Fire and Rescue and the Millwood Station Fire and Rescue Company 2. Purpose: The purpose of this MOU is to set forth responsibilities by which the County and the Volunteer Fire and Rescue Companies will operate Revenue Recovery (Program). 3. Recitals: As part of the shared responsibility for the operation of an EMS Insurance Billing 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 the Program. B. Maintain the revenue generated from the Program in an account dedicated to revenue 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 net revenue to include 100% of the mileage as agreed to companies on a quarterly basis. E. Because the Board of Supervisors is not authorized to obligate funds for future Boards, the County may only indicate its intent with regard to annual appropriations of county funding for Volunteer Fire and EMS Agencies. With that understanding, as currently appropriated all Volunteer Fire and EMS Agencies will be provided County funding as follows: 1. Annual contributions of $25,500 (ALS) and $22,950 (BLS) for EMS services provided plus $1.50 per capita to each volunteer agency that provides Fire Services 2. Payment of insurance premiums to provide coverage for group accident and illness and general liability 3. Necessary medical supplies as determined by the Office of Emergency Medical Services and /or the OMD 4. Training aids, including student manuals for Fire and EMS accredited courses held in the County 5. Professional health services not limited to Hepatitis vaccine. 6. Funding shall not be reduced (less than what participating companies are receiving) or eliminated to the companies that do not participate as listed in Section 1 of this article. F. The County will provide Image Trend software in lieu of Firehouse for all reporting, EMS and Fire. As part of the shared responsibility for the operation of Revenue Recovery, the Volunteer Fire and Rescue Companies will: A. Maintain apparatus in serviceable condition to meet Virginia State Police road inspection requirements and the Virginia Department of Health, Office of Emergency Medical Services regulations. B. Have a preventative maintenance program in place for all fire and rescue apparatus C. Have maintenance records to meet federal and state regulations; for all apparatus; on file and available for review upon request D. Adhere to all Standard Operating Guidelines (SOG's) established by the Volunteer Fire and Rescue Association as approved by the Chiefs Workgroup E. Submit an annual Capital Improvement Plan (CIP) as part of the County's annual CIP process F. Submit an annual financial statement for audit G. Shall not change 2", 3rd due etc. assignments to prevent participating companies from responding into non - participating 1 St due areas. H. All incident documentation shall be completed in a timely fashion, i.e. 24 hours from time indent is handled. As part of the shared responsibility for the operation of the Revenue Recovery Program, The County and the Volunteer Fire and Rescue Companies will: A. Pay all costs associated with the utilization of a private "third- party" billing agency. These costs will be subtracted from the gross revenue collected before disbursements are made to the County and to the Volunteer Companies. B. Pay costs for a dedicated County employee from gross revenue collected as part of the Program and prior to any revenue derived from the transport of patients being dispersed to the County and to the Fire and Rescue Volunteer Agencies. C. Pay all costs associated with equipment and supplies used on calls which will be paid for from the net revenue collected. This does not include replacement of apparatus or other equipment to include but not limited to: Cardiac Monitors, AED's, Cots, etc. D. All personnel will be trained in accordance with HIPPA guidelines. E. All agree to the soft billing as described in the Revenue Recovery policy. F. The selection of the Billing Company as well as continued program management shall remain a shared responsibility of all parties involved. Amendments: The County and the Volunteer Fire and Rescue Companies shall not modify any items listed in this MOU for a minimum of 2 years. The parties recognize that this MOU cannot address every procedural issue that may be encountered and they do state their intention to review this MOU every two years to identify appropriate additions or modifications. This MOU may be amended or modified only by a written document signed by all parties hereto. Should a Volunteer Fire and Rescue Company choose to opt in the Revenue Recovery Program, they may only do so at the beginning of a fiscal year. Likewise, should a Volunteer Company choose to opt out, they may only do so at the end of a fiscal year. Opting in or out of the Revenue Recovery Program will require a written document signed by all parties hereto. Please note, electing to not participate in the Program does not preclude an agency from requesting to participate or re -enter the Program at a later date. Approved BY: Date: John Riley County Administrator Date: Richard Shickle Chairman Board of Supervisors Date: Tim Price President, FCF &R Assoc. Stephens City Fire and Rescue Date: Middletown Fire and Rescue Clear Brook Fire and Rescue Gore Fire and Rescue Date: Date: Date: Date: Round Hill Community Fire and Rescue Date: Gainesboro Vol. Fire and Rescue Star Tannery Fire and Rescue Greenwood Fire and Rescue North Reynol Millwo Date: Date: FIRST REVISION OF MOU BY COUNTY ATTORNEY COUNTY OF FREDERICK Roderick B. Williams County Attorney MA17 ►x.> 39 .111 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: John R. Riley, Jr. County Administrator FROM: Roderick B. Williams County Attorney fl DATE: November 6, 2012 RE: Expense Recovery MOU I have reviewed the draft I received of this agreement and made revisions to the agreement draft, in large part to improve clarity. A copy of the revised draft is attached. A summary of the major revisions is as follows: • Title -- Changed to use the word "Expense" in lieu of "Revenue ", consistent with the various committee and working group discussions. • Section 1 —Changed to clarify that the Non- Participating Companies would be joining the agreement for the limited purposes of certain sections of the agreement. • Section 2 — Changed to indicate what the Expense Recovery Program actually would do. • Sections 3, 4, and 5 — Former "Recitals" in original draft now set out as three separate numbered sections, one titled and setting forth County responsibilities, one titled and setting forth Volunteer Company responsibilities, and one titled and setting forth joint responsibilities. • Section 3A — Consolidated, under County responsibilities, provisions regarding County staffing of program administration, including provisions regarding payment of staffing costs from gross revenue collected, prior to any recovery distributions to the County or to the Participating Companies. 107 North Kent Street • Winchester, Virginia 22601 r i f.,. ..SS �yuY �F i r _ZJC.bJ� COUNTY OF FREDERICK Roderick B. Williams County Attorney MA17 ►x.> 39 .111 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: John R. Riley, Jr. County Administrator FROM: Roderick B. Williams County Attorney fl DATE: November 6, 2012 RE: Expense Recovery MOU I have reviewed the draft I received of this agreement and made revisions to the agreement draft, in large part to improve clarity. A copy of the revised draft is attached. A summary of the major revisions is as follows: • Title -- Changed to use the word "Expense" in lieu of "Revenue ", consistent with the various committee and working group discussions. • Section 1 —Changed to clarify that the Non- Participating Companies would be joining the agreement for the limited purposes of certain sections of the agreement. • Section 2 — Changed to indicate what the Expense Recovery Program actually would do. • Sections 3, 4, and 5 — Former "Recitals" in original draft now set out as three separate numbered sections, one titled and setting forth County responsibilities, one titled and setting forth Volunteer Company responsibilities, and one titled and setting forth joint responsibilities. • Section 3A — Consolidated, under County responsibilities, provisions regarding County staffing of program administration, including provisions regarding payment of staffing costs from gross revenue collected, prior to any recovery distributions to the County or to the Participating Companies. 107 North Kent Street • Winchester, Virginia 22601 • Section 3E — Provision regarding "professional health services" removed as being too broad and undefined. • Section 3E1— Language clarified. • Section 3E2 — Language clarified to cover group accident and illness coverage. • Section 3E3 — "OMD" changed to "Regional Medical Director ". • Section 3F _.. Provision restricting changes to other funding clarified and moved to become freestanding part of County responsibilities. • Section 4F — Language clarified regarding submission and audit of financial statements. • Section 41— Provision regarding payment of equipment and supply costs moved to Volunteer Company Responsibilities, as payment of these costs from net program proceeds is really not a joint responsibility, but is more correctly characterized as an operating matter for the Volunteer Companies, once they receive payment from the program. • Section 5D — Clarified to state that the "Expense Recovery Policies" are as set forth in the Standard Operating Guidelines. • Section 6A — Language added to allow for modification before two years, in the event of unforeseen circumstances. • Signature blocks — Association removed as a signatory, as the agreement does not contemplate any actual rights or duties for the Association. Please let me know if you have questions regarding the revised draft. Attachment EXPENSE RECOVERY MEMORANDUM OF UNDERSTANDING 1. Parties: As of [effective date], the parties to this Memorandum of Understanding ( "MOU ") are the County of Frederick, Virginia (the "County "), acting through its Fire and Rescue Department, and the following "Participating Companies ": [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" 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 and of 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, 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. B. Maintain the revenue generated from the Program in an account dedicated to expense recovery and separate from any other County revenue. C. Provide a quarterly accounting related specifically to revenues and expenses associated with the Program. D. Distribute to the Participating Companies, no less frequently than quarterly, net revenue received under the Program, to include 100% of billable mileage expenses, on a basis as agreed to by the County and the Participating Companies. E. Subject to appropriations, provide funding to the Participating Companies and the Non - Participating Companies as follows, for: 1. Annual contributions of $25,500 per Volunteer Company for each Volunteer Company providing Advanced Life Support (ALS) services and $22,950 per Volunteer Company for each Volunteer Company providing Basic Life Support (BLS) services, plus $1.50 per capita (based upon population of first due area) to each Volunteer Company providing fire services; 2. Insurance premiums to provide coverage for group accident and illness policies; 3. Necessary medical supplies as determined by the Office of Emergency Medical Services and/or the Regional Medical Director; 4. Training aids, including student manuals for Fire and EMS accredited courses held in the County; and S. Image Trend 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 Volunteer Fire and Rescue 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: 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; 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; 4 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. 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 60 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 M. Date: Title: STEPHENS CITY FIRE AND RESCUE COMPANY, INCORPORATED By: Date: _ Title: MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY, INCORPORATED Date: Title: CLEAR BROOK VOLUNTEER FIRE & RESCUE INC. By: Title: GORE VOLUNTEER FIRE COMPANY go Title: ROUND HILL COMMUNITY FIRE AND RESCUE COMPANY in Title: GAINESBORO FIRE COMPANY By: _ Title: STAR TANNERY VOLUNTEER FIRE DEPARTMENT By: _ Title: Date: Date: Date: Date: Date: GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY .31 Title: Date: 4 NORTH MOUNTAIN VOLUNTEER FIRE COMPANY By: Date: Title: REYNOLDS STORE VOLUNTEER FIRE AND RESCUE COMPANY #20 LIN Title: Date: MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21, INCORPORATED go Date: Title: PUBLIC SAFETY COMMITTEE MATERIALS COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator 5401665 -5666 Fax 540/667 -0370 E -mail: jtibbs @co.frederick.va.us �M(1RANBi714I 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: BLS ALS I ALS II Mileage $440 $550 $720 $11 /loaded mile 2. Distribution of Revenue Collections; a. 10% off the top to fund the program manager position and billing company costs. b. 50 -50 split of remaining proceeds between the County and the companies. c. All mileage reimbursements would go to the fire companies. 3. Implementation of a soft billing system. The subcommittee is seeking the Public Safety Committee's endorsement of these recommendations. If the Committee is in agreement with these recommendations, a motion to forward this item to the Board of Supervisors with a recommendation of approval would be appropriate. 00 V Il Ol W 'H 0l N Il d: H Qt _ N H r N lD 00 Vl Io I� in L N �>� O N O m W W O O�� n 0) N OC W M H O to to I� W b m Ot h N 6 W m LD 00 N M n O'1 l0 L!1 P O 00 H m 01 N V m H to N ej to I� a to N m tD N� d . to W M I- V oo H 0) N I-: a s 00 0) 'O c O O N l0 H lD I� M 111 H OA 01 M N Ol 01 H lD H I� W 00. to Ill O/ > 00 N i� m N O a to H 00 C p e � r N !\ N H H tD H O cY N D O 'G N O H O H O O N O O O O ' 0 0 0 0 0 0 0 0 0 0 0S F- V O N N V M I� O H N O 111 N oo N Ln In W m 0 I O z m rl m a W- N 7 O Q U�'l N W n F m 10 N M M H Io H N O QI N K O O O Io 0 0 0 0 0 0 0 N �' W M O Io Io H C 00 m n H H _ N N 7 n M t0 M O 01 lD 1 00 O '6 H O N tD 1� W 0 tD @ u1 m Q' 0) I� O M O lD N H O tp tf1 N M M F IA a 0 H N 1* M i ID c N O O h Ot 00 m N l\ 10 m m m N V V N N O M H M l a m N t� 00 H 01 H H m N M V 0 H N d _ H m (/F 01 f6 O J lD to dl N N N n o o o m N m H m m N to O O H O M H M l0 V1 M O N H to O Ill m oo o t O N O O V N O V ko d* C N W H H m to l0 I N m ID N M 00 m o m c} m W dt N oo O I — M N m m oo H M O N J N Q (p H M H N J Q 0 0 0 0 0 0 0 0 0 0 0 0 — o m m O m m o c m m n M — m V 0 00 N H Ot 7 m H N 00 0 H It N Lo 01 oo to M H M J H Q 1A n s1' Ol N O N U4 I O D. C F tl O O H c O : E 0 N 01 ID H h Il 00 l0 01 n Ill O Io to fl �c H m 0 Io O M 00 IA N e l O V M M 1't n C to N N N H M H N N IA ri N1 lo b ` N N n 01 M Ol H m 1� M M N N N OH Vf J N tD O O 00 00 to O O O l0 0 0 0 0 0 0 u1 N 00 O N N V o0 00 N c{ O o0 0 m N l0 M H lD H C M N H m H iA N G O O O O W I� to Cl o0 W ID 00 O O.. Ct t!1 N H y N [Y H M In m to 00 V to O cf 111 h C V1 H M N V1 N � N O U x T m p — o H N M V l0 h O E U H H H H H H H H H N N O N � o j N v 3 N m m E O/ 0 m 0) N m C C m N E 2 & N T N o O O 6 U 00 Q Q K 4 F- D n s1' Ol N O N U4 I O D. C F tl O O H c O : E 0 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 1S 8008 NIMS training Volunteer Coordinator -- Christine Langley - The final volunteer recruitment grant tracking report is due by the end of October - The Explorer Post is looking for an instructor - Discussed an email sent on behalf of the Digital Map books Apple Blossom — Director Tabitha Luttrell / Lloyd Winters - Reminder that each Company has two votes at the Apple Blossom meetings - The next meeting will be 24 Oct at 1900 Budget — Vice President Perry Silva - Nothing to Report By — Laws — Bobby Jenkins - Nothing to report Capitol improvement — Chief Eddie Keeler - Current balance is $152,794.33 - Received a request from Company 12 for $15,000 from CIP funds for their new ambulance. Company 18 (Chief Keeler) made a motion to approve the minutes; Second by Company 13 (Lloyd Winters). The motion was approved by Roll Call vote (11 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 (LEPQ — Dan Cunningham - The next meeting will be held on 7 November 2012 Operations (report on Chief's Workgroup) — Chief Linaburg - The Chief's work group met on 27 September 2012 - The Group discussed: meeting with the press; Fire House updates; CIP Input; Fire Prevention Week; Apple Blossom updates; Staff Training; Snow money 2 Revenue Recovery — Chief Lauck / Vice President Perry Silva - The three community meeting were well attended - Company 15 (Chief Lauck) made a motion to present to move forward with the Revenue Recovery program as presented, by submitting it to the Public Safety Committee; Second by Company 12 (Chief Shiley). The motion was approved by Roll Call vote (10 Yes / 1 No) 11 — Yes 16 — Yes 21 —Yes 12 — Yes 17 -- Yes 13 — Yes 18 — Yes 14 —Yes 19 —Yes 15 — Yes 20 —No Old Business: - The County will be sending out RFPs to architects for the design of the new Company 15 New Business: - The Volunteer Coordinator would like for the Association to look in to the possibility of forming a Retention and Recruitment committee Adjournment There being no further business the meeting was adjourned at 2045. The next scheduled meeting will be at Company 16 on 19 November 2012. The meeting was closed by prayer from Father Dobbins Submitted By: Dan Cunningham Secretary EXPENSE RECOVERY MEMORANDUM OF UNDERSTANDING Parties: As of [effective date], the parties to this Memorandum of Understanding ( "MOU ") are the County of Frederick, Virginia (the "County "), a political subdivision of Virginia, acting through its Fire and Rescue Department, the Frederick County Fire & Rescue Association (the "Association "), an unincorporated association, and the following "Participating Companies ", each of which is a Virginia corporation: [list of participating companies, with correct legal entity names] (each may be referred to individually herein as a "Participating Company "). The following "Non- Participating Companies ", each of which is a Virginia corporation, join this MOU solely for purposes of Sections 1, 4, or 6: [list of non- participating companies, with correct legal entity names] (each may be referred to individually herein as a "Non- Participating Company "). As long as a company is a "Non - Participating Company ", its consent shall not be required for amendments to this MOU, other than as to any amendment to Section 1, 4, or 6. The Participating Companies and the Non - Participating Companies are jointly referred to herein as a "Volunteer Company" or the "Volunteer Companies ". 2. Purpose: The purpose of this MOU is to set forth the responsibilities of the County, the Association, and the Participating Companies for operation of the "Expense Recovery Program" (also referred to herein as the "Program "), under which program the County and the Participating Companies will seek to recover certain of their expenses incurred in providing emergency medical services ( "EMS "). 3. County Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the County will: A. Pay all costs, including salary and benefits, associated with the utilization of one County employee intended specifically to provide on -going administrative support for Program, and including all costs of any third -party billing services provider, with all costs under this section 3A to be subtracted and paid from the gross revenue collected under the Program, before disbursements are made to the County and to the Participating Companies. B. Maintain the revenue generated from the Program in an account dedicated to expense recovery and separate from any other County revenue. C. Provide a quarterly accounting related specifically to revenues and expenses associated with the Program. D. Distribute to the Participating Companies, no less frequently than quarterly, net revenue received under the Program, to include 100% of billable mileage expenses, on a basis as agreed to by the County and the Participating Companies. E. Subject to appropriations, provide funding to the Participating Companies and the Non - Participating Companies as follows, for: 1. Annual contributions of $25,500 per Volunteer Company for each Volunteer Company providing Advanced Life Support (ALS) services and $22,950 per Volunteer Company for each Volunteer Company providing Basic Life Support (BLS) services, plus $1.50 per capita (based upon population of first due area) to each Volunteer Company providing fire services; 2. Insurance premiums to provide coverage for group accident and illness policies; 3. Necessary medical supplies as determined by the Office of Emergency Medical Services and/or the Regional Medical Director; 4. Training aids, including student manuals for Fire and EMS accredited courses held in the County; and 5. Incident reporting system software (in lieu of Firehouse software), for all reporting, EMS and Fire. F. The County will not increase, reduce, or eliminate funding (to any amount different from what a Participating Company receives) for Non - Participating Companies. 4. Volunteer Company Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the Volunteer Companies will: A. Maintain apparatus in serviceable condition to meet Virginia State Police vehicle inspection requirements and the Virginia Department of Health, Office of Emergency Medical Services regulations. B. Have and follow a preventative maintenance program for all fire and rescue apparatus. C. Keep maintenance records on file for all fire and rescue apparatus, to meet federal and state regulations, and make such records available for review by the County upon request. D. Adhere to all Standard Operating Guidelines established by the Association as approved by the Chiefs Workgroup. E. Submit an annual Capital Improvement Plan (CIP) to the County as part of the County's annual CIP process. F. Submit an annual financial statement to the County for audit by the County's auditor. G. Not change second, third, due etc. assignments to prevent Participating Companies from responding into first due areas of Non - Participating Companies. H. Complete all incident documentation in a timely fashion, i.e. within 24 hours from the time an incident is handled. I. Pay, from the respective Volunteer Company's net revenue collected under the Expense Recovery Program, all costs associated with equipment and supplies used on EMS calls. 5. Joint Responsibilities of the County and the Participating Companies: As part of the shared responsibility for the Expense Recovery Program, the County and the Participating Companies will: A. Manage the Program generally and select a private "third- party" billing agency; 2 B. Pay all costs associated with the utilization of a private "third- party" billing agency, with such costs to be subtracted from the gross revenue collected under the Program, before disbursements are made to the County and to the Participating Companies; C. Train all personnel in accordance with HIPAA guidelines; and D. Adhere to the practice of "soft billing ", as described in the Expense Recovery Policies as set forth in the Standard Operating Guidelines. 6. Association Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the Association will: A. Assist in ensuring compliance with all Standard Operating Guidelines established by the Association as approved by the Chiefs Workgroup; and B. In the event amendments to this MOU are to be considered, the Association will act as the coordinator for the Volunteer Companies and as the representative between each Volunteer Company and the County. 7. Amendments: A. The County and the Volunteer Companies do not intend to modify any items listed in this MOU for a minimum of 2 years, but agree that, in the event of unforeseen circumstances, they will proceed in good faith to consider appropriate modification at such sooner time as may be necessary. The parties recognize that this MOU cannot address every procedural issue that may be encountered and they state their intention to review this MOU at least once every two years to identify appropriate amendments. This MOU may be amended only by a written document signed by all parties hereto. B. Should a Volunteer Company choose to opt in to become a "Participating Company" in the Expense Recovery Program or opt out from being a "Participating Company" in the Expense Recovery Program, it may only do so effective at the beginning of a fiscal year (July 1), upon 64 days advance written notice to the County and the Participating Companies and Non- Participating Companies. Opting in or opting out does not preclude a Volunteer Company from opting in or opting out for a future fiscal year. COUNTY OF FREDERICK, VIRGINIA In Title: Date: 3 FREDERICK COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION By: _ Title: Date: STEPHENS CITY FIRE AND RESCUE COMPANY, INCORPORATED By: _ Title: Date: MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY, INCORPORATED By: Date: Title: CLEAR BROOK VOLUNTEER FIRE & RESCUE INC. By: Date: Title: GORE VOLUNTEER FIRE COMPANY By: Date: Title: ROUND HILL COMMUNITY FIRE AND RESCUE COMPANY By: Date: Title: n GAINESBORO FIRE COMPANY Title: STAR TANNERY VOLUNTEER FIRE DEPARTMENT Title: Date: Date: GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY Title: NORTH MOUNTAIN VOLUNTEER FIRE COMPANY Date: By Date: Title: REYNOLDS STORE VOLUNTEER FIRE AND RESCUE COMPANY #20 Title: Date: 5 MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21, INCORPORATED I Date: Title: COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 William R. Bowmaster, Sr. Deputy Chief Operations Division MEMORANDUM TO: Public Safety Committee FROM: Dennis Linaburg Chief SUBJECT: EMS Services Synopsis 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 "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 wbowmast@co.frederick.va.us Fax (540) 678 -4739 Green County EMS Green County is the smallest county in Virginia at 126 square miles. It has a call volume of approximately 2,100 calls per year. Greene County Rescue is the only EMS transporting agency within the county. This is a volunteer chartered organization that provides the building and transport units. The county has contracted UVA Medic V in lieu of hiring staff for the station. They provide 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. Location Size Population Local housing units Median family income Residents below poverty line •' . 2009 Non- Emergency Total Statistics Emergency Responses Transports Life- Threatening Emergency Response Time Compliance Cardiac Arrest Resuscitation Rate (Utstein Definition) Total System Expenditures City of Richmond Subsidy Households Enrolled in LifeSaver Subscription Program RICHMOND AMBULANCE AUTHORITY (A component Unit of the City of Richmond, Virginia) Statements of Net Assets Years ended June 30, 2011 and 2010 Nonoperating revenues (expenses): City of Richmond subsidy 4,450,000 4,300,000 Interest income, net of interest expense of $33,126 in 2011 and $41,635 in 2010 (31,380) (41,026) Miscellaneous revenue 153,729 24,583 Total nonoperating revenues, net 4,572,349 4,283,557 Change in net assets (1,146,098) 1,364,130 Net assets at beginning of year 9,928,119 8,563,989 Net assets at end of year $ 8,782,021 $ 9,928,119 2011 2010 Operating revenues: Service revenue $ 22,064,478 $ 21,007,384 Provision for contractual adjustments and doubtful accounts 12,794,171 9,450,261 Net operating revenues 9,270,307 11,557,123 Operating expenses: Salaries and related benefits 9,467,002 8,974,814 Health insurance 929,183 971,118 Worker's compensation 379,696 383,296 Depreciation and amortization 975,462 1,006,782 Professional services 424,944 430,013 Collection expenses 47,277 65,977 Marketing and advertising 54,382 24,029 Office expenses 336,553 372,817 Volunteer squad support 48,000 48,000 Telephone 164,953 183,360 Communications 71,140 72,637 Public information 48,454 38,517 Postage and shipping 58,034 61,887 Occupancy 164,961 183,164 Other 83,467 93,293 Insurance 144,843 137,505 Printing and artwork 4,929 2,187 Travel 45,536 34,423 Medical supplies and equipment 609,260 537,171 Recruiting and background investigations 58,335 58,089 Vehicle fuel and tolls 472,466 389,131 Vehicle repairs and maintenance 328,694 355,112 Uniforms and laundry 71,183 53,228 Total operating expenses 14,988,754 14,476,550 Operating loss (5,718,447) (2,919,427) Nonoperating revenues (expenses): City of Richmond subsidy 4,450,000 4,300,000 Interest income, net of interest expense of $33,126 in 2011 and $41,635 in 2010 (31,380) (41,026) Miscellaneous revenue 153,729 24,583 Total nonoperating revenues, net 4,572,349 4,283,557 Change in net assets (1,146,098) 1,364,130 Net assets at beginning of year 9,928,119 8,563,989 Net assets at end of year $ 8,782,021 $ 9,928,119 RICHMOND AMBULANCE AUTHORITY (A component Unit of the City of Richmond, Virginia) Statements of Net Assets Years ended June 30, 2011 and 2010 2011 2010 Assets: Current assets: Cash $ 1,939,536 $ 2,165,984 Restricted cash - 100,000 Short-term investments 999,756 - Total cash 2,939,292 2,265,984 Receivables: Service accounts, net of allowance for contractual adjustments and doubtful accounts 2,238,603 4,831,071 Other 32,030 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 2,299,702 Communications equipment 519,955 789,356 Medical equipment 1,739,524 1,635,120 Office furniture and equipment 1,151,131 1,037,552 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: Due 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 5,141,477 6,536,898 Total net assets $ 8,782,021 $ 9,928,119 fk FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES BUDGET WORK SESSION February 23, 2013 A Budget Work Session of the Frederick County Board of Supervisors and Frederick County School Board was held on Wednesday, February 13, 2013 at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA, PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Bill M. Ewing; Christopher E. Collins; Gene E. Fisher; and Gary A. Lofton ABSENT Gainesboro District Seat (Vacant) CALL TO ORDER Chairman Shickle called the work session to order. County Administrator John R. Riley, Jr. provided a summary of the General Fund FY 2014 proposed budget to date. The budget priorities are: - Salary increases for current employees to improve morale, retention, and employee recruitment; - Evaluation of employee salary scales to ensure sufficient compensation and adequateness; - Evaluation of employee benefits to assure consistency, fiscal prudence, and market trends; - Provision of responsible stewardship of county funds to ensure that our citizens receive the best possible services for funds expended; and - Ensure a highly trained public safety program to provide efficient services and protection of county citizens. He noted the FY 2014 proposed budget of $133,024,407 assumes the use of fund balance in the amount of $4.3 million and projected new revenues of $5.8 million. He went onto say this budget originally included requests for five new positions, but it did not seem to be feasible to fund these positions as part of this budget. Administrator Riley provided a brief overview of employee benefits and changes to the benefits package. He noted the changes in benefits means the 9.5% gap between public and private sector employees will increase as benefits decrease thus resulting in low attraction and retention for public employees. Administrator Riley stated this budget is a challenge, but we would like to meet this challenge. He asked the Board to consider the use of fund balance and noted the there is no tax increase proposed as part of this budget. Supervisor Lofton asked about the 9.5% gap. Administrator Riley responded generally the public sector's benefits are richer than the private sector; however, reducing these benefits is creating a competitive gap. Supervisor Lofton stated that he doubted the standard was relevant here. Supervisor DeHaven stated the PTO proposal made great strides, but is seems extraordinarily generous compared to the private sector. Vice - Chairman Ewing stated he would be okay utilizing fund balance with the same conditions as used in prior years regarding payback. Chairman Shickle asked about the goals for tonight. Administrator Riley advised staff was seeking feedback on the approach. On the funding side there was no tax increase proposed and the possibility of using an additional $1 million in fund balance (i.e. $4.3 million to $5.3 million). On the expenditure side, the priority is increased salaries, evaluation of employee benefits, and a restructuring of that program to make the budget work. Chairman Shickle stated the general consensus is benefits will have to change. Administrator Riley stated if the board wants a sustainable workforce then the employees need a salary increase. He noted there would be changes to the benefits structure. 2 Supervisor Lofton stated he would like to evaluate the total employee compensation and benefits package so it can be incorporated into this process. He would like to look at the gap locally between the private and public sector. He concluded by saying he was looking for parity. Finance Director Shiffler advised that staff had talked about hiring an outside consultant to look at salary scales. Supervisor Lofton responded he did not want to short change one at the expense of the other. Administrator Riley noted that 60% of the workforce is public safety, so it is difficult to find comparable positions in the private sector. Chairman Shickle advised he would like to get confirmation regarding the tax increase or increased use of fund balance. Supervisor DeHaven stated he did not support a tax increase, but was open to some approach to the use and replacement of fund balance. He went on to say he might possibly consider increasing the use of fund balance to $5.3 million. He noted other issues have to be address and he was concerned about the delay in capital issues and public safety. He concluded by saying 2% was the maximum salary increase he would support, but noted an effort should be made to address that issue. Vice - Chairman Ewing stated he did not support increasing taxes. He thought it would be okay to use fund balance at $5.3 million. He concluded by saying he would be watching the percentage of any salary increases because those need to be kept low. Supervisor Fisher stated capital issues needed to be dealt with now. Supervisor Collins stated he did not disagree with the earlier comments and the direction in which staff was going was fine. He concluded by saying we are seeing what waiting is doing to us and we need to come up with a long -term strategy to address some of these issues. Supervisor Lofton stated he appreciated the effort staff put into the presentation and that it featured no tax increases. He went on to say he was hearing real horror stories about the economy. He concluded by saying he could support an increased amount of fund balance funding. Chairman Shickle asked Administrator Riley to let the Board know if or when staff reaches an impasse on the budget. The next budget work session will be held on Wednesday, February 27, 2013 beginning at 6:00 p.m. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the work session was adjourned at 6:45 p.m. 4 FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING February 23, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 13, 2013 at 7:00 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 Gary A. Lofton ABSENT Gainesboro District Seat (Vacant) CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Steve Roberts, Emmanuel Baptist Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised there was one addition to the agenda. He added a Resolution in Memoriam for George H. Ludwig as item b under County Officials. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the agenda as amended by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under the consent agenda: - Resolution in Memoriam of Dr. George H. Ludwig — Item 6; and - Lake Holiday Dam Working Committee Report — Tab H. Upon a motion by Supervisor DeHaven, 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, stated he was here to find out who his new supervisor would be. He went on to say he attended the work session and saw the presentation by Finance. He felt it was good presentation with no tax increase. He believed we would see new revenue which will be a spark. He asked that the tax rate be returned to where it was before. He stated he had heard no discussion of a tax decrease or employee reduction. He expects to have increased taxes at the federal and state levels, but hopes relief will be found at the local level. He suggested the Board look at replacing every two retired employees with one employee. Joy Kirk, President of the Frederick County Education Association and resident of the Back Creek District, asked the Board to fully fund the Superintendent's budget. She noted no one goes into education to get rich. She concluded by saying that teachers were just trying to keep pace with the cost of living. 2 Madeline Whitacre, Gainesboro District, spoke on behalf of water haulers. She advised the Frederick County Sanitation Authority wants to restrict haulers to filling at Tasker Road, but will not permit filling on weekends, holidays, or at hydrants. She asked if there was a way the haulers could use the other four hydrants. She concluded by saying a meeting with the Sanitation Authority on February 19, 2013 and she hoped member of the board can attend. BOARD OF SUPERVISORS COMMENTS Chairman Shickle noted that two of the three speakers should have waited until the end of the meeting to speak, as their items were not agenda items for this meeting. He asked staff to ensure proper protocol is followed regarding citizen comments. MINUTES - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the minutes from the January 23, 2013 work session with the School Board by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Abstain Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the minutes from the January 23, 2013 regular meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Abstain. Gary A. Lofton Aye 3 COUNTY OFFICIALS APPOINTMENT OF GAINESBORO MAGISTERIAL DISTRICT SEAT — BOB HESS APPOINTED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board appointed Bob Hess to fill the vacant Gainesboro Magisterial District Seat until the special election to be held in November 2013. 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye EMPLOYEE OF THE MONTH AWARD — CRAIG M. GRUBB APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Craig M. Grubb as Employee of the Month for February 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Craig M. Grubb who serves the Frederick County Information Technology Department was nominated for Employee of the Month; and WHEREAS, loyalty and commitment along with a positive attitude and competent skill has helped to support county -wide IT needs. Over the past few months, Craig has worked under an incredible workload without complaint and with a strong focus on customer service, This focus was demonstrated as the department fell from a full staff to only two members. His performance and services have significantly contributed to the IT Department's recent accomplishments. He has also stepped up to help with the hiring process for a new PC Technician, of which Craig has already taken under his wing. Craig is to be commended for his initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 13` day of February, 2013 that Craig M. Grubb is hereby recognized as the Frederick County Employees of the Month for February 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Craig for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED that Craig M. Grubb 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS NOMINATION OF TIM MCKEE TO THE BOARD OF EQUALIZATION — APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board nominated Tim McKee to serve as a member of the Board of Equalization. This is a three year appointment. Term expires December 31, 2015, 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF TOM BRUBAKER AS FREDERICK COUNTY REPRESENTATIVE TO THE CHAPTER 10 BAORD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board appointed Tom Brubaker as a Frederick County representative to the Chapter 10 Board. This is a three year appointment. Term expires December 31, 2015. 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF JOHN MARKER, WHITNEY L. WAGNER, AND FRANK BRUMBACK TO THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed John Marker, Whitney L. Wagner, and Frank Brumback to the Russell 150 Community Development Authority. This is a four year appointment. Term expires March 1, 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND — APPROVED Administrator Riley advised Southeastern Container, Inc. previously filed an appeal in the nature of amended machinery and tools tax return for tax years 2007, 2008, 2009, and 2010, wherein Southeastern was seeking approximately $1,600,000 in tax refunds from the County. 141 Machinery and tools, for taxation purposes, are self - reported by each taxpayer and, in this particular case, Southeastern concluded, more than three years after its initial filing, but within the applicable limitations period, that it had overreported its machinery and tools. Thus, Southeastern filed its amended returns. The Board of Supervisors previously, in July 2011, approved a refund of $247,233.57 to Southeastern in partial resolution of the matter, but following that refund, other issues in the appeal remained pending. The Commissioner of the Revenue now confirms that the remaining issues are resolved, with an additional refund in the amount of $552,019.14 due to Southeastern. The Commissioner, in consultation with the County Attorney, has concluded that this outcome represents a fair interpretation of the facts and law applicable to this matter. The process included an appeal by Southeastern to the Virginia Department of Taxation, pursuant to VA Code §58.1- 3983.1, of the Commissioner's initial decision on the amended returns. Southeastern has entered into a settlement agreement with the Commissioner which precludes it from raising any further issues as to its machinery and tools tax returns for 2007 -2010, and as to its returns for 2011 and 2012, thereby fully concluding the matter. The current refund is the final refund Southeastern will receive for the machinery and tools tax for years 2007 -2012. Pursuant to the provisions of Va. Code §58.1- 3981(A), the County Attorney notes his consent and Board action is being requested pursuant to §58.1- 2981(A). Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGVNIA, CONSENTING TO THE ISSUANCE OF BONDS BY THE NORTHWESTERN REGIONAL JAIL AUTHORITY PURSUANT TO THE SECOND AMENDED AND RESTATED REGIONAL JAIL AGREEMENT AND OTHER MATTERS IN CONNECTION THEREWITH - APPROVED Administrator Riley advised in 2005, the Jail Authority issued $16,560,000 of Jail Facility Revenue Bonds to pay the cost of constructing and equipping improvements to the Northwestern Regional Jail Authority's existing regional jail facilities. Currently there remains a balance of $14,715,000 outstanding at interest rates ranging from 4% to 5.25 %. The bond issue has a final maturity of July 1, 2033. Given favorable market conditions, the Authority has the opportunity to refinancing these bonds and lock -in annual debt service savings. Based upon current market conditions, the estimated level of cash flow savings after paying financing cost by undertaking this refinancing is approximately $2.2 million. The Authority was presented this opportunity on January 17' and passed a Resolution authorizing the transaction to proceed assuming a minimum refunding savings target can be achieved. Also at the January 17 Meeting, the Authority identified approximately $867,000 of additional capital items including HVAC items and a new phone system that the Board authorized to be included in this financing. These funds will be financed over a 15 -year period. Again assuming current market conditions, even with the borrowing of funds for the additional capital items, it is estimated that the Authority's annual debt service cost will be reduced by approximately $15,000 except for the first year (2013) where a reduction in excess of $100,000 is expected and the last year (2033) when the debt service reserve fund is released (savings in excess of $500,000). The bond sale is expected to occur in March 2013. Per the terms of the original Service Agreement of the Authority, each Member Jurisdiction is required to pass a Resolution prior to the Authority 8 undertaking any borrowing. He concluded by saying Clarke County and the City of Winchester previously approved this resolution. Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the Resolution of the Board of Supervisors of Frederick County, Virginia Consenting to the Issuance of Bonds by the Northwestern Regional Jail Authority pursuant to the Second Amended and Restated Regional Jail Agreement and Other Matters in Connection Therewith. WHEREAS, the Counties of Clarke, Fauquier and Frederick, Virginia, and the City of Winchester, Virginia (collectively, the "Participating Jurisdictions "), have created the Northwestern Regional Jail Authority (the "Authority ") pursuant to Chapter 3, Article 3.1 of Title 53.1 (the "Act ") of the Code of Virginia, 1950, as amended (the "Code "), for purposes of owning and operating the Northwestern Regional Adult Detention Center (the "Regional Jail "); WHEREAS, the Participating Jurisdictions and the Authority have entered into a Second Amended and Restated Regional Jail Agreement dated as of ,tune 1, 2005 (the "Jail Agreement "), providing for the ownership, operation and financing of the Regional Jail; WHEREAS, the Authority issued its $16,560,000 Jail Facilities Revenue Bonds, Series 2005 {the "2005 Bonds "), and its $10,000,000 Jail Facilities Grant Anticipation Notes, Series 2005 (the "2005 Notes "), secured by a pledge of the revenues received by the Authority under and pursuant to the Jail Agreement; WHEREAS, the 2005 Notes have been paid in full and are no longer outstanding; WHEREAS, the Authority issued and sold its $495,000 Taxable Jail Facilities Revenue Bond, Series 2011 (the "2011 Bond "), to the Virginia Resources Authority and used the proceeds for an energy - savings project, which bond was secured as to the pledge of revenues on a parity with the pledge of revenues securing the 2005 Bonds; WHEREAS, on January 17, 2013, the Authority adopted a resolution expressing its desire to realize debt service savings by refunding all or a portion of the 2005 Bonds with proceeds derived from the issuance and sale of its Jail Facilities Revenue and Refunding Bonds, Series 2013 (the "2013 Bonds "); WHEREAS, the Authority has also expressed its desire to use proceeds of the 2013 Bonds to finance the cost of new capital improvements, including without limitation, a replacement cooling tower, a replacement chiller compressor, and a new telephone system {collectively, the "2013 Projects "); WHEREAS, the 2013 Bonds will be payable from and secured by amounts derived from the Participating Jurisdiction Obligations (defined below) in accordance with the terms of the Act and the Jail Agreement; 9 WHEREAS, pursuant to Sections 4 and 6.F. of the Jail Agreement, each Participating Jurisdiction has each agreed to pay to the Authority amounts sufficient to pay when due the Participating Jurisdiction's respective share of the principal of and interest on the Obligations, including the 2013 Bonds, based upon the "Allocation Formula" set forth in Section 4.A. of the Jail Agreement as such Allocation Formula may be adjusted pursuant to Section 6.F, in the event the Authority lacks sufficient funds to pay scheduled debt service on the Obligations or certain other costs (collectively, the "Participating Jurisdiction Obligations "); and WHEREAS, the Authority has requested the consent of the Participating Jurisdictions to the issuance of the 2013 Bonds as provided in Section 3 of the Jail Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors (the "Board ") of Frederick County, Virginia (the "County "), approves and consents, for purposes of the provisions of Section 3 of the Jail Agreement, to the issuance by the Authority of the 2013 Bonds in a principal amount not to exceed $17,000,000, and the use of the proceeds thereof to refund the 2005 Bonds, to finance the 2013 Projects, to fund a reserve and to pay related refunding and issuance costs. 2. The Board acknowledges that the 2013 Bonds will be payable from and secured by amounts received by the Authority from the payment of Participating Jurisdiction Obligations. 3. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, the County irrevocably agrees that the amount of the 2013 Bonds shall be allocated to each Participating Jurisdiction in the same proportion that each Participating Jurisdiction has been allocated payment responsibilities under the "Allocation Formula," determined for Fiscal year ending June 30, 2012, under the Jail Agreement with respect to the 2013 Bonds, 4. The Board authorizes and consents to the inclusion of County information in the Official Statement (in its preliminary and final forms) to be prepared by the Authority for purposes of marketing the 2013 Bonds and hereby directs County staff to assist the Authority in the preparation of such County disclosure. 5. The County Administrator is hereby authorized and directed to execute and deliver such documents and certificates as are necessary to enable the Authority to issue the 2013 Bonds, to refund the 2005 Bonds and to finance the 2013 Projects, including, but not limited to, a continuing disclosure agreement and closing certificates requested by the Authority and its bond counsel. Any other County official so designated by the County Administrator is hereby similarly authorized and directed to execute and deliver such documents and certificates. 6. All other acts of the officers of the County, heretofore or hereafter taken, that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the 2013 Bonds, the refunding of the 2005 Bonds and the financing of the 2013 Projects by the Authority are hereby approved, ratified and confirmed. 10 7. Nothing in this Resolution or in the Jail Agreement is or shall be deemed to be a lending of the credit of the County or other Participating Jurisdictions to the Authority or to any holder of any of the 2013 Bonds or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County or the other Participating Jurisdictions within the meaning of the Constitution of Virginia. 8. This Resolution shall take effect immediately. 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION IN MEMORIAM OF DR. GEORGE H. LUDWIG -- APPROVED UNDER CONSENT AGENDA WHEREAS, Dr, George H. Ludwig served the County of Frederick, Virginia, faithfully, for the past 20 years, first as a member of the Shawneeland Sanitary District Advisory Committee and as a member of the Public Works Committee; and WHEREAS, Dr. Ludwig was appointed to the Shawneeland Sanitary District Advisory Committee in 1992 and served as chairman from 1994 -1996, where his service was based upon a fondness for Shawneeland and its residents; and WHEREAS, Dr. Ludwig was appointed to the Frederick. County Public Works Committee in January 1997; and WHEREAS, Dr. Ludwig's unique background in the field of electrical engineering, followed by a 12 year career with the Goddard Space Flight Center, National Aeronautics and Space Administration (NASA), and his time at the National Oceanic and Atmospheric Administration's Environmental Research Laboratories brought a thoughtful, yet out of this world, perspective to the Public Works Committee; and WHEREAS, Dr. Ludwig was featured in Life magazine as one of the nation's top 100 outstanding young men in 1962. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends it deepest sympathy to the family of Dr. George H. Ludwig, an outstanding individual, a dedicated family man, and a friend to all who knew him. 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 and that a true copy of this resolution be presented to his family. ADOPTED this 13th day of February, 2013. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE - APPROVED The Public Works Committee met on Tuesday, January 29, 2013 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Requiring Action * ** 1. Lot Trade — Shawneeland — AUTHORIZED PUBLIC HEARING The committee reviewed and unanimously approved the exchange of five (5) lots between the CHW Partnership and the Frederick County Sanitary District of Shawneeland. The attached deed of exchange prepared by Frederick County Attorney, Mr. Roderick Williams, identifies the lots in question. Staff recommended this exchange to negate the need to construct the necessary roads to access the lots currently owned by the CCW Partnership. This transaction will also return the lots owned by the sanitary district to the tax rolls. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board authorized a public hearing on the proposed lot exchange. 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Service Resolution County Administrator John R. Riley, Jr. recommended that a resolution be prepared to commemorate the long time service of Mr. George Ludwig who recently passed away on January 22, 2013. 12 2. Ordinance Amended Related to R -5 Subdivision Senior Planner, Ms. Candice Perkins, presented a proposed ordinance amendment which would allow the use of private streets within all developments in the R -5 District and would require board approval. This amendment was requested by the potential new owners of the existing Shenandoah Subdivision which currently is an R -5 district with private roads and age restrictions. The proposed amendment would allow private streets and dwelling units that accommodate all ages. (Attachment 2) After the brief presentation by Ms. Perkins, the committee voiced the following concerns and /or comments: • Allowing private roads without age restrictions in R -5 development could have significant impacts on county services including schools and fire and rescue. Estimates on the order of $20 to $30 million dollars of capital impacts were provided by Director of Planning and Development, Mr. Eric Lawrence. • Future maintenance of private roads was a big concern of a majority of the members. In particular, the need for a significant reserve was highlighted to cover these future road maintenance issues. • It was suggested that the ordinance amendment include a certain percentage of age restricted dwellings to offset the potential impact to county services. » The developers' representative indicated that his client would assume the responsibility for completing the roads and related items in the sections /phases that have been completed and /or are currently under construction. 3. Update of the Stormwater Program Subcommittee Deputy Director of Public Works Joe Wilder presented a brief update of the first meeting of the stormwater program subcommittee. A copy of the meeting minutes is attached. Mr. Wilder indicated that the goal of the subcommittee is to develop a stormwater ordinance and related stormwater program on or before the current July 1, 2014 deadline. He added that a bill HB -1488 has been introduced into the current legislative session to extend the date of July 1, 2015. (Attachment 3) The subcommittee has supported a plan to combine the current erosion and sediment control ordinance with the new stormwater ordinance. A model ordinance to accommodate this approach is currently being drafted by the Virginia Department of Conservation and Recreation (DCR). Mr. Wilder highlighted that a bill, HB -2048, has been proposed to transfer state authority of stormwater programs and erosion and sediment control from DCR to the Department of Environmental Quality. The actual schedule and impact of this transfer is not known. 13 4. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment 6) d) Animal Shelter Cat Report (Attachment 7) HUMAN RESOURCES COMMITTEE - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, February 1, 2013, at 8:00a.m. Committee members present were: Supervisor Christopher Collins, Supervisor Bill Ewing, and Dorrie Green. Also present were: County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, County Attorney Rod Williams, Sheriff Robert Williamson, Finance Director Cheryl Shiffler, Planning Director Eric Lawrence, Department of Social Services representative Delsie Butts, employee Paul Meola, employee David Kern, and employee Adam Sisler. * ** Items Requiring Action * ** 1. Approval of revised Human Resource policies. Over the course of calendar year 2012, the HR Committee reviewed and updated HR policies in groups of three to four policies at a time. One of the major focal points of these policies is a revised leave structure known as Paid Time Off (PTO). Twenty -four of meetings at five locations were held by the HR Department with four hundred forty —seven employees attending. This proactive approach to leave accrual allows the employee to better manage his/her leave thereby eliminating the sick leave component and establishing Individual Disability Accounts. The committee decided to wait until several politics were reviewed and then recommend approval to the Board of Supervisors. Attachment I is a group of thirteen policies recommended for adoption by the HR Committee. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the HR policies. Supervisor Lofton stated the PTO program was very robust, but we do not mirror the private sector. He also noted that he took exception to designated state and federal holidays because they increased overtime. He felt the designated holidays should be approved by Frederick County. He concluded by saying he could not support the PTO proposal right now. 14 Administrator Riley advised that he appreciated Supervisor Lofton's concerns, but staff would like to get approval of what they have worked on to date. Supervisor Fisher stated that he believed staff's and the committee's work regarding PTO is an improvement, especially regarding sick leave. Vice - Chairman Ewing moved to amend the original motion to also direct staff to continue looking at PTO and designated holidays. The motion was seconded by Supervisor Lofton. 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye The amended 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 Gainesboro District Vacant Gene E. Fisher Aye Gary A. Lofton Aye 2. Approval of the Employee of the Month Award. The Committee recommends approval of Craig Grubb as the Employee of the Month for February 2013. ** *Items Not Requiring Action * ** 1. The discussion of creating a new Public Information Officer position. County Administrator John R. Riley, Jr. introduced the discussion for creating a County level Public Information Officer (PIO) position. Assistant County Administrator Kris Tierney elaborated some specific requirements of the position. The Committee elected to consider this 11E request further and it will be reintroduced at the next Committee meeting for further consideration and discussion. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday March 1, 2013 at 8:00am. LAKE HOLIDAY DAM WORKING COMMITTEE — APPROVED UNDER CONSENT AGENDA The LHSD Dam Working Committee met in the Public Works Department Conference Room located on the 2" floor of the 107 North Kent Street complex, on Tuesday, January 22, 2013 at 10:00 a.m. No Items Require Board Action 1) Public Works Staff provided the Committee with a general update on the status of the spillway project. The project is roughly two months behind schedule as a result of various complexities, including the intricate nature of the required backfill and freezing temperatures. The vast majority of concrete has been poured. It is anticipated that the contractor will be able to allow the water level to begin coming back up by mid - March. The goal at this point is to reach substation completion (water level back to normal and traffic across the bridge) by the end of April and total project completion by the end of May. 2) Staff gave a status report of Collections The table below reflects December, 2012 collections as of January, 2013. Delinquencies were slightly higher (9.5% for buildable and 58% for membership lots) than in past collections, however we are only a month out from the bill due date. It is anticipated that the delinquencies will decrease some as late payments continue to be received. Collections remain adequate to meet debt service. Lot Type Number of Lots 2nd Ralf Tax Total Dec. Charge Number Delinquent Percent Delinquent Amount Delinquent Buildable 1 1,220 $339 $413,580 134 9.5% $43,753 Unbuildable 1,536 $132 $202,752 887 58% $115,786 Totals 2,756 $616,332 1,021 37% $159,539 3) Discussion of proposed Improvements to Downstream Channel 16 Public Works staff gave a presentation demonstrating the staff's concern regarding future erosion in the channel just downstream of the spillway as a result of the increased flows produced by the new spillway. Of particular concern was the potential for erosion on the sacrificial berm which protects the toe of the dam from the spillway discharge. Staff also presented a proposed remediation that could be achieved as a change order to the current spillway contract. The Lake Holiday representatives on the Committee agreed to take the information back to the LHCC Board seeking approval of the proposed change order. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised he would get a list of citizen committee members distributed in the near future. Supervisor Fisher advised that as liaison to the Frederick County Sanitation Authority there were issues with water distribution and supplies for water haulers. He noted he would be present at the next Sanitation Authority meeting. 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. (7:45 P.M.) 17 COUNTY of FREDERICK Q TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrat DATE. February 21, 2013 RE: Committee Appointments John R. Riley, Jr. County Administrator 540/665 -5666 Fax 5401667 -0370 E -mail: jriley @ co.frederick.va.us Listed below are the vacancies /appointments due through April, 2013. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIES /OTHER Extension Leadership Council William H. Schuller - Red Bud District Representative 915 Valley Mill Road Winchester, VA 22602 Home: (640 )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.) 107 North Kent Street ® Winchester, Virginia 22601 Memorandum —Board of Supervisors February 21, 2013 Page 2 MARCH 2013 Social Services Board Donald E. Nesselrodt — Member -At -Large 110 Bedford Drive Winchester, .VA Home: (540)722 -4189 Term Expires: 03109/13 Four year term (Members may only serve two terms. Mr. Nesselrodt is not eligible for reappointment.) Russell 150 Communitv Develooment Authority Planning Commission Memorandum - Board of Supervisors February 21, 2013 Page 3 JRRltjp U:1TJPlcom mitteeappointments \Mena ios\BoardCommitkeeAppts (02271 Wtg).docx COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: February 20, 2013 RE: Refund — Winchester Speech Pathologists I am in receipt of the Commissioner's request, dated February 14, 2013, to authorize the Treasurer to refund Winchester Speech Pathologists the amount of $5,152.20 for over reporting and over paying business license for one or more years. One or more subsequent years was adjusted with an increase and all other records are now correct. Because the tax involved is based upon the taxpayer's gross receipts, I am not including the Commissioner's request memorandum with this memorandum and I have omitted here further details as to exact tax amounts for particular tax years. I have, though, fully reviewed the materials from the Commissioner and, 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 Co is . ner's memorandum. oderic B. Willi County Attorney 107 North Kent Street • Winchester, Virginia 22601 ` COUNTY of FREDERICK Parks and Recreation Department u 1'i 540- 665 -5678 FAX: 540- 665 -9687 www.fcprd.net c - rnad: rcderick.va.us RECEIVED DEB 2013 MEMO derivk cow IN Adffdti s A. LC U 6'65 To: John R. Riley, Jr. County Administrator From: Jason Robertson, Director, Parks & Recreation Dept. Subject: Parks and Recreation Commission Action Date: February 14, 2013 The Parks and Recreation Commission met on February 12, 2013. Members present were: Martin Cybulski, Gary Longerbeam, Charles-R. Sandy, Jr., Ronald Madagan, and Kevin Anderson. Members absent were: Ron Hodgson, Patrick Anderson, and Christopher Collins. Items Requiring Board of Supervisor Action: 1. None Submitted for Board Information Only: 1. Foundation /Reserve Fund - Mr. Madagan moved to go forward with the Reserve Fund and develop policies to operate the fund, second by Mr. Sandy, motion carried unanimously (5 -0). 2. Committee Appointments —Mr. Cybulski appointed the following committees: Executive Committee: Martin Cybulski and Gary Longerbeam Finance Committee: Patrick Anderson and Charles R. Sandy, Jr. Buildings and Grounds: Ronald Madagan and Gary Longerbeam Public Relations: Charles R. Sandy, Jr, and Kevin Anderson Appeals Committee: Kevin Anderson, Ronald Madagan, and Ron Hodgson Copy: Martin Cybulski, Chairperson Christopher Collins, Board Liaison 107 North Kent Street Winchester, VA 22601 COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667 -0370 E -mail: cshiffle @co.frederick.va.us TO: Board of Supervisors FROM: Finance Committee DATE: February 20, 2013 SUBJECT: Finance Committee and Audit Committee Report and Recommendations The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, February 20, 2013 at 8:00 a.m. The Audit Committee immediately followed. Members Stephen Swiger and Richard Shickle were absent. (0) Items 1 and 2 were approved under consent agenda. FINANCE COMMITTEE 1. (2) The Sheriff requests a General Fund supplemental appropriation in the amount of $2,207.14 This amount represents payment for firing range use ($500), a reimbursement from the Department of Homeland Security ($1,492.14), and donations to DARE ($15) and the K -9 program ($200). No local funds are required. See attached memos, p. 4 -8. 2. (Q) The Department of Social Services requests a General Fund supplemental appropriation in the amount of $20,000 for Strengthening Families Innovators for Success Council. No local funds required. See attached memo, p 9. 3. The NRADC Superintendent request a NRADC Fund supplemental appropriation in the amount of $261,183 for the fall 2012 employee bonus and to revitalize Officer Career Advancement and Development Program this spring. The Jail 107 North Kent Street • Winchester, Virginia 22601 Finance Committee Report and Recommendations February 20, 2013 Page 12 Authority approved the request. See attached memo, p. 10. The committee recommends approval. 4. Greenwood Volunteer F &R Company requests a General Fund supplemental appropriation in the amount of $23,797.38. This amount represents proffer funds available to Greenwood for the purchase of an ambulance. The item is listed on the County's CIP. See attached memo, p. 11 -13. The committee recommends approval of the current balance of the proffers designated to Greenwood, $25,211.38. 5. The Voter Registrar requests a General Fund supplemental appropriation in the amount of $33,385 for the June dual primary election. See attached information, p. 14 —15. The committee recommends appropriation contingent on the calling of the primary. 6. The Transportation Director requests a General Fund supplemental appropriation in the amount of $710,904. This amount represents revenue sharing with VDOT for work on Route 11 N. No local funds required. See attached information, p. 16 —17. The committee recommends approval. 7. The Public Works Director requests a General Fund supplemental appropriation in the amount of $452,347 for the design of the new Round Hill Fire and Rescue Station and Social Hall. The Public Works Committee has approved this request. Local funds are required. The committee recommends approval. 8. The County Administrator request authorization to have an appraisal on the County Administration Building. Funds are available in current budget. The committee recommends approval. Finance Committee Report and Recommendations February 20, 2013 Page 13 9. The Finance Director discusses the FY2012 Comprehensive Annual Financial Report (CARF). No action is required. AUDIT COMMITTEE 1. David Foley from Robinson, Farmer, Cox Associates will present the FY 2012 final audit and be available for discussion of the upcoming FY 2013 audit. The committee authorized the Finance Committee chairman to sign the engagement letter for the FY 2013 audit. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer report for January 2013. See attached, p. 18 — 19. 2. The Finance Director provides 1/31/13 financial statements. See attached, p 20 -30. 3. The Finance Director provides 2/13/13 General Fund fund balance report. See attached, p. 31. Respectfully submitted, FINANCE COMMITTEE Bill Ewing Charles DeHaven Richie Wilkins Ron Hottle Gary Lofton By Cheryl B. Shiffler, Financ irector e � c County Sher/�► � ti s ee ROBERT T. WILLIAMSON Sheri 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax (5401504-6400 TO : Angela Whitacre, Treasurer's Office FROM : Sheriff R. T. Williamson ti SUBJECT : Quarterly Payment MAJOR R. C. ECKMAN Chief Deputy DATE : February 11, 2013 Attached please find a check in the amount of $500.00 from the US Army Corps of Engineers. This amount represents quarterly payment for the use of our firing range. We are requesting this amount be posted to revenue line: 10FL 3010-019110-005 8. A separate memo will be sent to Finance requesting appropriation into our budget. Thank you. �-o t o - D RTW /asw Cc: Finance MICHAEL J WILSON United O fficial States Government 1022 USACE/M ED For USACE MIDDLE EAST DtVISON US Government Tax Exempt 17 -2A10 77770 201 PRINCE FREDRICK DR. — r . WINCHESTER, VA 22602 ' CXD U EROF U.S. BANK.` [Mbank. CO NVENIENCECIiECK, l U.S. Bank Nstio AsaocWion jj�� Minneapolis, MN 55440 " FOI, OTA4 1 4,40h JCIL(9 fg Zo ls' r� i NOT VALID FOR MORE THAN $3000.00 . ROBERT T. WILLIAMSON Sheriff County Sherrygr► 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 TO : Angela Whitacre, Treasurer's Office FROM : Sheriff Robert T. Williamson h +- SUBJECT : Reimbursement – ACH oft �a MANOR R. C. ECKMAN Chief Deputy DATE : February 5, 2013 The Frederick County Sheriff's Office should be receiving reimbursement in the amount of $1,492.14 from the Department of Homeland Security in the form of an ACH. Attached is a copy of the remittance form. When received, this reimbursement should be posted to revenue line 3 -010- 8 (1 OFL). A separate memo will be sent to Finance requesting appropriation. Thank you. — us `-'1 3 d �- O`3 -- w D tm4 RTW /asw CC: Finance Department �-()w 5401- 000 -000 ( ?CCU2 J 11 13 u rr or r Revised 17196 The Department of the Treasury sr LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCY >N REQUEST FOR REIMBURSEMENT OF JOINT OPERATIONS EXPENSES TD: ATF CUSMMS IRS SECRET SERVICE OCDETF CASE EDm � NO - TFF TRACKING NUMSFR OCDETF CASE p NAhMOFAGENCY: FREDERICK COUNTY SHE RI F F'S OFFICE T AXM.NUhmER: 54- 6001 -1290 AbnPm$ 1280 CQVERSTONE DRIVE, WINCHESTER, VIRGINIA 22602 CONTACrI'MON: CAPTAIN ALLEN SIBERT THFPHOwm: (540) 431 -8497 DATES FOR WHICH THE REMURSO NT IS REQUESTED: FROM: 12 -2 -12 TO; 12-21-12 OVERTIME EXPENSES NAME OF OFFICER TITLE HOURS WORKED HOURLY RATE TOTAL $0.00 $0.00 $0.00 $K0:0 $a.00 $0.00 $o.00 TOTAL OVERTIME AMOUNT REQUESTED $0.00 TOTAL NUMBER OF REGULAR HOURS WORKED DURING THIS BILLING PERIOD(S) ON CASES WHICH OVERTIME WAS REQUESTED BY THE OFFICERS LISTED ABOVE. 0.00 HOURS OTHER EXPENSES PURPOSE AND OR TYPE OF EXPENSE IE (inte rnet evidence finder) TRIAGE EDITION with 2 YEARS SMS INTERNATIONAL TRANSACTION FOR IEF TOTAL $1,480.30 1 $11.841 TOTAL OTMR FkPENSE REQUESTED $ 1 492.14 7i)47 ftQUESTED ­ S1 , 492.14 certify that the information provided above is acenrate and re ALLEN SIBERT CAPTAIN (Rare sing Agency) NAME 12/21/2012 SIGNATURE DATE TREASURY AGENT REVIEW SIGNATURE DATE EOAF APPROVAL DATE EOAF APPROVAL DATE NOTE: OCDETF CASES - A COPY OF THIS DOCUMENT SHALL BE SENT TO THE AGENCY CORE CITY COORDINATOR !1 � fzr i —fi — �a —.� �.... ._....,.... — ._..__... Oeborah A , Duncan l - `U 19- 707652 5039 Dann R.-Duncan- /// 905 Welltown Road ' . / \Clear Brook, VA 22624 i re_ L 540 723 9680 ' !SPA" 1 D llama 8 Deuce CI �. JPMO CHASE BANK N:W y . For 1: 3 2 50 70 7 601: om PRINTED ON RECYCLED PAPrR USING 4EGETARLE -BASED INKS Fax(540)504 -6400 TO : Angela Whitacre — Treasurer's Office FROM : Sheriff Robert T. Williamson P SUBJECT : Donation DATE : January 14, 2013 ECKMAN Tiny Attached please find a check in the amount of $200.00 from a Frederick County resident. This check represents a donation to our K -9 program. We are requesting this amount be posted to revenue line: 3- 010 - 018990 -006 (1 OCR). A separate memo will be sent to Finance requesting appropriation into our operating budget. Thank you. l� _ ��10�;D 000 -00 1 ` RTW /asw Cc: Finance GS . �1i1li3 g . ROBERT T. WILLIAMSON Sheriff county Sher/fps Ofta AL 10 0 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 MAJOR R. C. ECKMAN Chief Dep uty DATE : January 14, 2013 Attached please find an envelope containing $15.00 cash from the cafeteria staff at Orchard View Elementary School. This amount represents a donation to e DARE Program. We are requesting this amount be posted to revenue line 3 -010- 0 -0015 (100J). A separate memo will be sent to Finance requesting appropriation into our budget for DARE. Thank you. r I �O�� ,O31oao - S�-I�- oo0ro� � RTW /asw Cc: Finance CS, I 1 11 113 Memo To: Finance Committee/Cheryl Shiftier From Delsie D. Butts cQ ®ale: February 5, 2013 Re: New Budget Line Request The Department of Social Services is requesting a new budget line within the County's general ledger with an allocation of $20,000. The new budget code is Strengthening Families Innovators for Success Council. The State awarded Frederick Co. DSS this allocation to be used for purposes of Strengthening Families as stated below. The amount of $20,000 is State funded; therefore the Department is not requesting any local dollars. When expenditures are made we need to be able to code correctly to the County's general ledger for reconciliation purposes. Below is a description and purpose of the new budget line. New code: 010 -053170- 5825 -000 STRENGTHENING FAMILIES INNOVATORS FOR SUCCESS COUNCIL $x20,000.00 Funding: Budget allocation is given only to the 23 local departments of social services participating in the Strengthening Families — Innovators for Success Council. Program Description: In 2010, the Virginia Department of Social Services (VDSS) Paunched Strengthening Families across agency divisions, which focuses on reducing poverty and improving the well -being of mothers, fathers and children across the Commonwealth by reducing non - marital births, connecting and reconnecting fathers with their children, and encouraging the formation and maintenance of safe, stable, intact, two- parent families. A local department of social services strategy was imperative in order to advance this work in local communities and to model family strengthening strategies. In March of 2012, local departments of social services made application to participate in the Strengthening Families Innovators for Success Council (SF [SC). The SF ISC cohort's purpose is to explore barriers to strengthening families, share best practice and promising practices, pilot creative strategies, and galvanize interest for Strengthening Families. Thank you for your consideration, /RJR ,i -_. 0 Y3Lt, L . - , Delsie D. Butts, Administrative Services Manager Northwestern Regional Adult Detention Center James F. Whitley - Superintendent a?`tS��i��0�4 141 Fort Collier Road, Winchester, VA 22603 (540) 665 -6374 - (540) 665 -1615 FAX x 0 x MEMORANDUM To: Cheryl Shiffler, Finance Director From: James F. Whitley, Superintendent Date: January 22, 2013 Subject: Fund Balance appropriations k JAN 2 4 2013 �'El7�t'i % i wirr! - ei Request Supplemental Appropriation in the amount of $261,183 from Northwestern Regional Adult Detention Center's Fund Balance 11, #240 -2530 to Merit & Fringe Reserves, #11 -5807 -001 to cover,the cost of the Fall 2012 Employee Bonus issued to all staff totaling $246,983 along with a $14,200 allowance to reyitalize Officer Career Advancement and Development Program (CAD) this Spring. The Jail Authority approved the supplemental appropriation during their regular meeting held on January 17, 2013. Your consideration of this.request is most appreciated. "Serving the Criminal Justice System Since 1991" COUNTY of FREDERICK Kris C. Tierney MEMORANDUM Assistant County Administrator 1731 5401665 -5666 Fax 5401667 -0370 TO: Finance Committee E -mail: ktiemey@co.frederick.va.us FROM: Kris C. Tierney, Assistant County Administrator/ RE: Proffer Fund Request from Greenwood City Fire and Rescue Company, Inc. DATE: January 31, 2013 Attached is a letter from the Greenwood Volunteer Fire and Rescue Company requesting access to proffer funds to be utilized for purchase of an ambulance totaling $212,948.00. While the request does not indicate the amount of funds being requested, as of December 3, 2012 the total proffer funds available for Greenwood Volunteer Fire and Rescue Company was $23,797.38. Also attached for your reference is a copy of the County's adopted Cash Proffer Policy. In accordance with the policy, the request is being brought to the Finance Committee for a recommendation to the Board of Supervisors on the appropriateness of the use of the funds for the requested purpose. The ambulance replacement is listed in the County's CIP at $150,000. Please let me know if i can answer any questions. u. �fE:�CEI RECEIVED JAN 31 2013 Finanw Du.ca;rnent 107 North Kent Street • Winchester, Virginia 22601 Frederick County Cash Proffer Policy As approved by the Board of Supervisors on January 28, 2009 Proffered funds received by Frederick County will be held for the use specified by the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked for the first due company in the area of the subject rezoning at the time the proffered funds are received All proffered funds will be collected, held, and will accumulate until such time as a capital project funding request is received from a qualifying County department, agency, or volunteer fire and rescue company. Qualifying agency or departmental requests to access proffered funds shall be submitted to the County's Finance Department for processing. In order to qualify as a capital project the following criteria must be met: 1) The item or project must have a minimum value of five thousand dollars ($5, 000), and; 2) The item /project must have an anticipated useful life of at least five (5) years. The Finance Department will forward requests to the Finance Committee for a recommendation to the Board of Supervisors on the appropriateness of the use of proffered funds for the requested purpose. To assist the Finance Committee and Board in their deliberations requests to utilize proffered funds should include the following. 1) the amount of funds requested, 2) the total project cost, 3) a detailed description of the desired capital project or purchase including a discussion of how recent or anticipated development contributes to the need for the expenditure, and, 4) indicate whether or not the item or project is listed on the County's Capital Improvements Plan (CIP). In order to comply with State Code §15.2 -2 -2298 (A) the Planning staff, working in conjunction with the County Attorney, will attempt to insure that cash proffers associated with future rezonings are appropriately addressed through inclusion of relevant capital projects in the County's CIP prior to acceptance of the proffered funds. For the purpose of determining whether a project or item is appropriate for individual listing on the CIP only, a threshold value of $100,000 and useful life of at least five year shall be utilized. (This would not preclude the purchase of capital items valued at less than $100,000 utilizing proffered funds, where other relevant criteria are met and procedures followed.) Greenwood VOA Fire & Rescue Company, Inc. January 22, 2013 PO BOX. 3023 Winchester, VA 22604 g3437� 4� 7 {540 }667 -9417 .. _' 4 ry RED N D a N M � t co .111N C4 ca John Riley, Administrator County of Frederick 107 N Kent Street - Winchester VA 22601 Dear Mr. Riley: Greenwood Volunteer Fire & Rescue Company, Inc. would like to request proffer funds towards the purchase of a 2013 International TerraStar Horton Ambulance with a purchase price of $212, 948.00 which has been on our CIP Plan projection for 2012 to replace our 2003 Ford Lifeline Ambulance. We took possession of this ambulance on January 17, 2013. Please feel free to' contact me if you have any questions or if you need additional information. Sincerely, Harrison . Keeler Chief 0 / OFFICE OF VOTER REGISTRATION & ELECTION ADMINISTRATION General Registrar of Voters E -mail: fcvotes@co.frederick.va.us Rick Miller 540/665 -5660 Fax 5401665 -8976 MEMORANDUM To: Frederick County Finance Committee From: Rick Miller, Voter Registrar, Frederick County of Frederick Subject: Supplemental Budget Request for June 11, 2013 Dual Primaries Date: Wednesday, February 13, 2013 iw The Voter Registrar requests to be placed on the Fredrick County Finance Committee Agenda for the Wednesday, February 20, 2013 meeting. The purpose of this request is to seek approval of the Supplemental Budget Request for the Dual Primaries to be held on Tuesday, June 11, 2013. The amount of the Supplemental Budget Request is $ 33,385.05. This amount will Cover all expenses related to the Dual Primaries on Tuesday, June 11, 2013. This Supplemental Budget Request is to be done from the 2012 — 2013 Budget year. 107 North Kent Street - Suite 102 - Winchester, Virginia - 22601 FREDERICK COUNTY FINANCE COMMITTEE FREDERICK COUNTY ELECTORAL BOARDNOTER REGISTRAR SUPPLEMENTAL BUDGET REQUEST — Dual Primaries June H, 2013 SUPPLEMENT FROM 2012 — 2013 BUDGET YEAR EXPENSES PAYROLL Officers of Election Machine Technician Machine Technician Assistant Machine Custodian Machine Moving Crews Overtime —Assistant Registrars TRAVEL - MILEAGE Electoral Board Machine Technician Machine Technician Assistant Machine Custodian Machine Moving Crews MACHINE PROGRAMMING PRINTING NEWSPAPER AD FREIGHT & INSURANCE & OTHER EXPENSES $ 24,215.00 CODE 13010 -1006- 000 -002 $ 1,500.00 13020 -1005- 000 -000 $ 1,054.50 13010 -5506- 000 -000 $ 3,735.55 13010 -3010- 000 -000 $ 1,680.00 13010- 3010- 000 -000 $ 300.00 13010- 3007 -000 -000 $ 900.00 13010 -5204- 000 -000 TOTAL $ 33, 385.05 COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 FAX: 5401 665 -6395 MEMORANDUM TO: Finance Committee FROM: John A. Bishop AICP, Deputy Director - Transportations RE: Budget Amendment for Route 1 1 Matching Funds DATE: February 12, 2013 I am seeking a budget amendment in the amount of $710,904.00 for VDOT project number 00I1- 034-R67, UPC 94847. These funds represent the County's matching funds for this revenue sharing project on a dollar for dollar basis. The project includes work on the southbound side of Route 11 N. An additional southbound lane is being added and the turn lane from southbound Route 11 to southbound I -81 is being extended. The budget item is requested to be funded as follows: 1. Finance Code 3- -0191 Rutherford Crossing proffers - $250,000 -�y� 0o�`3ora5o? 2. Finance Code 3- - 9 38 Seefried proffers - $400,000 3. Transportation reserve fund balance $60,904 0 - 0 10 - 000a '40 - ag 9 1 , JAB/bad t�,DL4_ DOd _ 071 q Attachment Cn t•1� = � �°' `. •.;nom � :! 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION 08/08/2012 Page 1 of 1 BILLED PARTY: FREDERICK COUNTY Attn: Mr. John A. Bishop, AICP Deputy Director - Transportation Frederick County Planning & Development Frederick County, Virginia REMIT PAYMENT TO: Virginia Department of Transportation Attn: Mr. Edwin Carter 14031 Old Valley Pike Edinburg VA 22824 Phone: (540) 984 -5605 TYPE: Revenue Sharing AMOUNT DUE: 5710,904 PAYMENT DUE UPON RECEIPT OF INVOICE MAKE CHECKS PAYABLE TO: TREASURER OF VIRGINIA Description of articles of services: DATE PROJECT NO AMOUNT 08/08/2012 0011- 034 -R67; UPC 94847 $710,904 FYI I Revenue Sharing Project — Add thru lane from 181 to Rt37 & provide left turn lanes The bill complies with Section 33.1 -23.05 of the Code of Virginia as amended — Revenue Sharing Funds. Please send payment within 30 days of the date of this invoice to the "remit payment to" address. Enclose a copy of this notice with your payment. PROPOSED REVISIONS TO AIA B101 — 2007 CONTRACT WITH MOSELEY ARCHITECTS, P.C. § 2.5 — Add at end of section: The Owner will be named as an additional insured by endorsement under the General Liability and Automobile Liability coverages and the Architect will provide a Certificate of Insurance with the endorsement indicated, prior to the commencement of the Architect's services. § 4.2.2, 4.2.3, and 4.2.4 — Add as additional sections, parallel to § 4.2.1 re furniture design services (identified as an additional service under § 4.1.27), sections other additional services: programming (see § 4.1.1), multiple preliminary designs (see § 4.1.2), as- designed record drawings (see § 4.1.14), and as- constructed record drawings (see § 4.1.15). § 5.9.1 — Revise as follows: The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any defect(s) or suspected defect(s) in the Architect's professional services or Instruments of Service, so that the Architect may be afforded the opportunity to address such alleged defect(s). The Owner shall include in the Owner /Contractor Agreement a similar notification requirement on the part of the Contractor. Failure by the Owner the C fft .,.,. to promptly notify the Architect in writing of the discovery or suspicion of such defect(s) of which the Owner is aware shall relieve the Architect of liability for any damages caused by the defect(s) in excess of the damages that would have been incurred if the Owner andlef Cent aete had given prompt notification to the Architect when such defect(s) were first discovered or suspected by the Owner &ra per C; efft .,.ete and the Architect had promptly corrected such defects. § 7.3 — Revise as follows: Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project or any other fire and rescue station and /or affiliated social hall, that may be located in Frederick County, Virginia provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project or for any other fire and rescue station and /or affiliated social hall, that may be located in Frederick County, Virginia If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. Add as § 8.1.4: The Architect agrees, to the fullest extent permitted by law, and during the term of the Agreement, to indemnify and hold harmless the Owner against all damages arising directly from the Architect's negligent performance of its professional services under this Agreement. The Architect shall not be obligated to indemnify the Owner in any manner whatsoever for the Owner's own negligence or for the negligence of others. [Note re this change: This change was requested by architect and is still pending final review by County.] § 10.8 — Revise as follows: If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, of (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information or (4) such other persons as to whom disclosure maybe necessary in order to comply with applicable legal requirements, including the Virginia Freedom of Information Act. Va. Code & 2.2 -3700 et sea. §§ 11.4 and 11. 8.2 — The word "percent" needs to be restored in each section. Also, the proposed AIA B 101 — 2007 contract refers in several places to and relies upon AIA Document A201 — 2007. See, e.g. § 8.1.2. The County has not to date received a draft version of AIA Document A201 — 2007 as applicable to the Round Hill project and, therefore, the County may also have proposed revisions to that document. �.k T11 Document B101 -2007 Standard Form. ofAgreement Between Owner and Architect DRAFT Frederick County, Virginia De_partinen# of Public Works 107 North Kent.Street Winchester, Virginia 22601 Telephone Number: (540) 665 -5600 and the Architect: (Name, &%f4 s ff s— address and other information) Moseley Architects P.C. 3200 Norfolk Street Richmond, Virginia 23230 Telel,honeNumber: (804) 794 -7555 for. the .Following Project: (Name, location and detailed description) New Round Hill Fire and Rescue Station and Social Hall Frederick County, Virginia The Owner and Architect agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 13101 Tm — 2007 formerly 8151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The Amer €can Institute of Architects. All rights [nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of � this AIA` Document, or any portion of it, may result in savere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law_ This document was produced byA1A software at 10:55:23 on 11/2812012 under Order No.3842295886_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) 4" ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES B.: COST OF THE WORT( 1 COPYRIGHTS "AND,LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION:ORSUSPENSION IV MfSCELLANEOUS PROVISIONS 11. COMPENSATION' 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHISITA INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1,1 This Agreement is based on the Initial Information set forth in this Article , 1 Initial Information: State below InitialTnformation such as details of the Project's site and program, Owner's contractors and consultants, architect's consultants Owner's budget for;the Cost of the Work; authorized representatives, anticipated procurement method, and other information relevant to the Project.) This Agreement is based on the following_ information. (N ote the dis osition or the ollowin items b insertin the requested in ormation or a statement such as "not a licable " "unknown at time o execution" or "to be determined later b mutual a reement. " 1.1.1 PROJECT INFORMATION 1.1:1.1 The`O er's mowam for the Project: adentify documentation or state the manner in which the program will be developed To be.devela ed.as described in Moseley Architects' proposal letter dated November 2$ 2012. §1.1,1:2 The Proiect's physical characteristics: fldentifv or describe, if appropriate, size, location, dimensions, or other pertinent information such as geotechnical reports, boundary and topographic surveys; tragic and utility studies availability ofpublic and private utilities and services • le al descri ption a the site • etc. The proposed Project site is located on the proposed Trader Road, Frederick Coupk,,Virginia. The Project consists of anew fire and rescue station building, anew social hall and associated site construction to re lace the existing Round AIA Document B101 T — 2007 formerly B151 Tm — 1997). Copyright ® 1974, 1978, 1967, 1997 and 2007 by The American Institute of Architects. All rights Irlit. reserved. WARNING: This AIA� Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIO Dooumertt, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 30:55:23 on 11!2812012 under Order No.3842295686_1 which expires on 04/2112013, and is notfor resale. User Notes: (1513251949) Hill Fire and Rescue Station. The renovation or demolition of the existing station is not part of the Pro'ect. The new fire and rescue station shall be approximately 14,040 gross square feet, in area and is anticipated to be a one -story Y___!E1 -- Tf__________!_11__I1 _t__11 E___._._ •... _...1 1, inn n . U ading, utilities storm drainage, storm water management, and landscape planting. 11e will arrange for . design services for these associated site improvements. through a separate ageement wits „C eenway Engineering. § 1.1.1.3 The Owner's budget for the Cost of the Work as, defined in Section 6.1: (Provide total, and if known, a line item break down.) To.be determined 1.1.1.4 The Owner's other anticipated scheduling information if any, not rovided in Section 1.2: To be determined 1.1:1.5 The Owner intends the following procurement or delivery method for the Project: (Identify method such as competitive bid, negotiated contract, or construction mana rement.) Mr. Harvey E. Strawsnyder, Jr., P.E. Frederick County, Vir ig nia Department of Public Works 107 North Kent Street Winchester, Virginia 22601 Tete hone Number: J540) .665-5600 §_1.1.2.2 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name. address and other information.) Not Applicable 1.1.2.3 The Owner Will retain the following consultants and contractors: (List discipline and i0nown, identify therm by name and address.) Greenway Engineering, Inc. 151:Wiiidy Oil Lane Winchester, Virginia 22602 .1.1.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) W. Anthony J. Bell Ill AIA, Vice President Moseley Architects P.C. T_ AIA document 8101 TM - 2007 Formerly 8151 rM - 1997). Copyright C 9974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARMISIG: This AIA Document Is protected by U,S. Copyright Law and International Treaties. unauthorized reproduction or distribution of 3 this Me Document, or any portion of it, may result in severe ciyl: and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:55:23 on 1112812012 under Order Ne.3842295e86 1 which expires on 04121/2013, and is not for resale. User Notes: (1 51 3251 949) Not Applicable 3200 Norfolk Street Richmond, Virginia 23230 Telephone Number: (804) 7947555 § :.1.1,2.5 The Architect will retain the consultants, identified in Sections 1.1.2.5.1 and 1.1.2.52. (List discit21ine and afknown, idennA them bk }rame and address.) § 1:1.2.5.1 Consultants retained under Basic Services: .1 1~irestation Design Stewart- Cooper - Newell Architects 719 East Second Avenue Gastonia: North Carolina 28054 :2 Construction Cost Estimatin Downey & Scott, LLC ee tai 61.1.2.51 Consultants :retained under Additional Services: Not�pliedbte 1.1:2:6 Other Initial Information on which the AgTeement is based: (Provide other Initial Information.) Not Applicable § The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth `below: 1 Commencement of construction date: To be determined 2 Substantial Completion .date: To be determined § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation, ARTICLE 2 ARCHITECT'S RESPONSIBILITIES =2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project... . § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Proj ect. AIA Document 8101 — 2047 formerly 13151'x" — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.5, Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the taw. This document was produced by AIA software at 10:55:23 on 11/2812012 under Order No.3842295 686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 Architect shall maintain the following insurance for the duration of this Agreement. if any of the set fi)fffi below exeeed the types effid lifaits the Ar-ehifeet narmally maintains, the QA%er- shall reimbur-se (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability Each occurrence $2,000,000.00, general ag_aregate $2,000 000.00 .2 Automobile Liability Combined single limit $1.000 000.00 .3 Workers' Com ensation as re aired by statute and Employer's liabilh with a $500,000 limit. :4 Professional Liability Claims -made basis , $2.000 per claim and $2 aggregate. ARTICLE 3- SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary architectural, structural, mechanical, and electrical engineering services. Services not set forth in this-Article 3 are .. Additional § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner, § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furbished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes .aware ofany error, omission or inconsistency in such services or information. § 311.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time Iimits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or With the Owner's approval, the Architect shall adjust the schedule, ifneeessa the Project proceeds.until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1 .5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. AIA Document [3101 TM — 2007 formerly 13151:M — 19971. Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING This AIA Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of � this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:55:23 on 11/2812012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. §;3.2 "SCHEMATIC DESIGN PHASE SERVICES § '111.1the Architect shall review information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 12,3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative 'approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the:Owner's. approval .a preliminary design illustrating the scale and relationship of the Project components. § 3.2;5 Bascd on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Document s for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2-5.1 The Architect shall .consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent'with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aes eTaesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 63; _ §12.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's written approval. § 13 DESIGN DEVELOPMENT. PHASE SERVICES § 311 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments m the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. Uie-If requested by the Owner, the Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3,3,3 The Architect shall submit the Design Development ts-documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's written approval. AIA Document 8101 *" — 2007 formerly 81'51 TM — 19971. Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. INAPMING: This AIA document is protected by U.S. Copyright Law and international Treaties. unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:55:23 on 1112812012 under Order No.3842295686_1 which expires on 04/2112013, and is not for resale. User Notes: (1513251949) § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any' adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional : information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 14.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities.baving jurisdiction over the Project. § .3.4.3 During :the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a- project manual that includes the Conditions of the Contract for Construction and Specifications and may. include bidding requirements and sample forms. § 3A: The Architect '. shall update the estimate for the Cost of the Work. § 3.4.6 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3,5 BIDDING PHASE SERVICES § 3 51.GENERAL' The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval ofthe Construction Documents, the Architect shall assist the Owner in (1) obtaining either- eempetitive bids e om etitive bids 2 confirmin responsiveness of :bids; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for' construction. § 3.5.2 COMPETITIVE BIDDING § 15.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the:Owner in bidding the Project by 1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre -bid conference for prospective bidders; A preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and 5 . organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner, §,.3.5,2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3 r; 3 Nr(±OTinrr=n PROPOSALS § 3.5.3.2 The Aliohite4 shall assist the OvmeF in obtaining proposals by AIA Document 6101 Im — 2447 formerly 13151 — 9997). Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. VVARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA" Document, or any portion of it;, may result in severe Wvii and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced byAlA software at 10:55:23 on 11128/2012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: ( 1513251949) fe pei4 o f t nego yr ... shall pr-epE&e md distribtAe addenda identifying approved s4stitt4iefls to a4l prespeetive eantmetors. L § 3:6 CON STRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1 1 The Architect shall: provide administration of the Contract between the Owner and the Contractor as set forth below and.in AIA Document A201TM -- -2007, General Conditions of the Contract for Construction. If the Ownef and Contractor modify AIA Document A201 -2007, those modifications shall not affect the Architect's services under this Agreem ent unless the Owner and the Architect amend this Agreement. § .3.6.1.2 The Architect advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on : behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § MAO: O Subject to 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 16:2 EVALUATIONS OF THE WORK 3.6.2 .The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4,3:3, to become generally familiar with the progress and quality of the portion of the Work completed, and to :determine, in general, ifthe Work observed is being performed in a manner indicating that the Work, when fully Completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make .exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3,6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of e i t h r- the ^vffi^- Gentp eteF the Owner. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document B101 — 2007 formerly 8161 T — 1997). Copyright ® 1974,197B. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Thfs document was produced by AIA software at 10:55:23 on 11!2812012 under Order No.3842295686_1 which expires on 04!2112013, and is not for resale. User Notes: (1513251949) § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations acid decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3:6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial :Decision Maker, as that term is defined in AIA Document A201 -2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR §. :.3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. Tha:Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the;Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 16.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive : or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § :3 6 3 3 The:Architect shall maintain a record of the Applications and Certificates for Payment. § 3 6 4 SUBMITTALS § `3.6.4.1 The Architect shall. review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § ;31.4.2 In accordance with the Architect- approved submittal schedule, the Architect shall review and approve or take other, appropriate action upon the.Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for general conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of ether information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3:6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The " - e hi.e et s 4 a 4l v e v ew Shop D - Contractor's design professional shall verify the accuracy, adequacy, and suitability of the performance and design criteria. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, eet4iticatiens- certifications, statements confirming performance and desigq criteria and approvals performed or provided by such design professionals. AIA Document B101 TD — 2007 formerly B151 m — 1997). Copyright W 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights !nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AiA software at 1 0:55:23 on 11/28/2012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) § 3.6.4,4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6,4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. §. 3.6,5 CHANGES IN :THE::WORK § 3.6.5.1 The Architect in ay authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions ofSection 43; the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 16.6:1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; 'issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for:the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3 6.6.3 When the Work.is.found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3,6.6,4The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § .3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § .4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide`the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate: whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit ident6 the exhibit.) AIA Document 8101 IN — 2007 formerly B151r" — 19971. Copyright (D1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 10 t the law. This document was produced byAlA software at 10:55:23 on 11/2B/2012 under Order No.3842295586_1 which expires on 04/2112013, and is not for resale. User Notes: (1513251949) Additional Services Responsibility (Architect, Owner or Not Provided Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below 4:1:1.. Programmin Architect Provided as part of Basic Services 4,1.2 Multiple preliminary designs Architect No more than two provided as part of Basic Services § 4.13 Measured drawings Not Provided 4.1.4 Existing facilities surveys Not Provided 4,1.5 Site Evaluation and Planning (B203TM -2007) Not Provided 4.1.8 Building information modelin Not Provided 4.1.7 Ovil engineerin Owner 4.1.8 Landsea e desi Owner 40 -ATehiteoI 1 k4e0kw Design 200-7) (B252 4110 Value'Anal "sis B204TM -2007) Not Provided MAI Detailed cost estimatin Architect 4 On -site project representation Not Provided § 41.1 3:. Conforinedtonstruction documents Not Provided 41.14 As -desi `ed record drawin s Architect Provided as part of Basic Services § 4A-44 As De4gfted 4A.15 •:;Asaconstructedrecord drawings Architect Provided as l2art of Basic Services 41.16 Post pccu anc :evaluation Not Provided 4.1.17.. Facility Support Services B210TM -2007) Not Provided 4,1,18 Tenant - related services Not Provided 4.1.19 Coordination.of Owner's consultants Not Provided 4:14 Telecommunications/data design Owner § 4A.21 Security Evaluation and Planning (B206?nz 2007) :- Not Provided 41.22 " Comrnissionin 211TM-2007 Not Provided 4AM Extensive environmentall .res onsible design Not Provided 4:1.24:: LEER'. Certification (B214TM -2007 ) Not Provided 4.1,25 - :Fast-track design services Not Provided 4.1;2.6 Asti ric Preservation B205TM -2007) Not Provided 41,27 Funtiture Desi B253TM 2007 Architect Provided as part of Basic Services § 42 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. 411 FURNITURE DESIGN SERVICES OF ARCHITECT § 4.2.1.1 GENERAL §':421.1.1 The.A:rchitect shall consult with the Owner, research applicable criteria attend Project meetings, cornmunicate.with members of the Project team and issue ro ress re orts. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. 4.2.1.1.2 The Architect shall prepare, and periodically update, a schedule that identifies milestone dates for decisions required by the Owner, services furnished by the Architect and completion of documentation to be,provided by the Architect. The Architect shall coordinate the Furniture Design Services schedule with the Owner's Project schedule AIA Document B101 I" — 2007 formerly Bi51TM' — 1997). Copyright (D 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this A W Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ! the law. This document was produced by AIA software at 10:55:23 on 11/2812012 under Order No.3842295688_1 which expires on 04/2112013, and is not for resale. User Notes: (1513259949) 4.2.1.1.3 The Architect shall submit documents to the Owner at intervals a ro riate to the process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely upon approvals received from the Owner to complete the Furniture Design Services. 4.2 Exce t with the Owner's knowledge and consent the Architect shall not 1 acts t trade discounts 2 have the &'4.2.1,2 PROGRAMMING PHASE SERVICES OF ARCHITECT - FURNITURE DESIGN 4 .4.2,1.2.1 The Architect shall consult with representatiyes „of the Owner to review the applicable requirements of the 1?roiect in ordeno understand the goals and objectives of he Owner with respect to their impact on the Owner's furniture requirements: 4.2.1.2.2 The Architect shall assist the Owner in the preparation_of a buffet for the Work. 4,2.1.2:3 The Architect shallizather information furnished by the Owner's designated representatives to aid the Architect in understandin the Owner's furniture requirements. § 4 SCHEMATIC DESIGN PHASE SERVICES OF ARCHITECT - FURNITURE DESIGN § 4:2.1.4.1 Based on the approved written program, the Architect shall prepare the design concept for the furniture of the Proiect, indicating types and quality. The Architect shall review with the Owner alternative designs and methods for procurement of the furniture. 4 2.1.4:3 The Architect shall assist the Owner in the preparation of a preliminary Project schedule and estimai . .Cost of the Work. . § 4.2:1.4 DESIGN DEVELOPMENT PHASE SERVICES OF „ ARCHITECT - FURNITURE DESIGN $ .4.2:1,4.2;7he Architect shall illustrate the design character of the Project. Such illustrations may include drawings, plans elevations, renderings, photographs, and samples of actual materials, colors and finishes. 0.1.4.3 The Architect shall assist the Owner in the preparation of adjustments to the preliminary schedule and estimate of the Cost of the Work. 4 4.2.1.5 CONTRACT DOCUMENTS PHASE SERVICES OF ARCHITECT - FURNITURE DESIGN AIA Document BIDJ TM —2007 formerly B151:M �- 19971, Copyright C 1974, 1978, 1987, 1997 and 2007 by The Amer €can Institute of Architects, All rights [nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 10:55:23 on 11!28!2012 under Order No.3842295686_1 which expires on 04121!2013, and is not for resale, User Notes: {1513251949} 6 .4:2:1.4,6 The Architect sha § 4.2.1.5.1 Based on the approved Design Development drawings and other documents, including schedule and estimate of the Cost of the Work, the Architect shall prepare Drawings, pecifications and other documents required to describe the requirements for the fabrication, procurement, shipment, delivery and installation of furniture, furnishings and equipment for the Project. . 4.2.1.5.2 The Arebitect shall assist the Owner in the preparation of the necessary Quotation Documents. § :4.2.'1.6 QUOTATION PHASE SERVICES OF ARCHITECT - FURNITURE DESIGN § 4.2.1.6.1 The Architect shall assist the Owner in establishing a list of proposed vendors for furniture.. §4 .22.'1.6.2 The Architect shall assist the Owner in obtaining quotations for furniture. § :4.2.1.6.3 The Architeet shall prepare written responses to questions from vendors preparing,quotations and provi written clarifications and interpretations of the Quotation Documents in the form of addenda. ::.4 2.1 XA.The Architect shall :assist the Owner in the review ofquotations including conformance with the design concept" expressed in the Contract Documents. § 4.2.1.6.5 Quotation Documents include the Quotation Requirements and the proposed Contract Documents. 4.2.1.6.6 The Architect shall assist the Owner in awarding and prWaring with vendors. 4 4:21.3 The Architect shall review and approve or take other appropriate action upon a Vendor's submittals such as Sho Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the desigq concept expressed in the Contract Documents. 6 :4.2.1.7.4 As the bu yer of ,goods, the Owner shall receive, inspect, and accept or reject furniture at the time of their delivery to the premises acid installation unless otherwise agreed. The Architect is not authorized to act as the Owner's agent in contractual matters. 4,2.1.7,5 The Architect shall review final placement and inspect for damage, quality, assembly and function in order to determine that furniture is in accordance with the requirements of the Contract Documents. The Architect ma recommend to the Owner acceptance or rejection of furniture. S 4.2.11.6 The Architect shall visit the Project premises at intervals appropriate to the stage of the Vendor's . ..Or be responsible for the means, methods, techniques, sequences or procedures of fabrication, shipment, delivery or installation. or for the safety precautions and programs in connection with the Work, as these are solely the Vendor's rights and responsibilities under the Contract Documents, 4.2.1.8 OWNER'S RESPONSIBILITIES - FURNITURE DESIGN SERVICES OF ARCHITECT Init. AIA Document 6101 TI —2007 Vorrnerly B151 Tm — 1897). Copyright Cos 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of 13 this AIA Document, or any portion of it, may result in Severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ! the law. This document was produced by AIA software at 10:55:23 on 1112812012 under Order No 3842295686_1 which expires on 0412112013, and is not for resale. User Notes; (1513251949) 4.2.1.7 CONTRACT ADMINISTRATION PHASE SERVICES OF ARCHITECT_ - FURNITURE DESIGN 4.2.1.8,1 The Owner shall be responsible for negotiations and obligations of the lease, if any, and shall serve as the contact with the lessor. The Owner shall provide information contained in the lease and lessor correspondence relevant to the Proiect. 4 '4.2.1.8.2 The Owner shall be responsible for the relocation or removal of existinia furniture and the contents from the facility otherwise provided in this AgEeement. § 411.8.3 The Owner shall establish and update an overall budget for the furniture for the Project, and the Owner's other costs and reasonable contingencies related to all of these costs. The Cost of this portion of the Work shall be the total cost including applicable taxes or, to the extent the Project is not completed, the estimated cost to the Owner of all dements of the Project designed or specified by the Architect. A reasonable allowance, for contingencies shall be included for market conditions at the time of quotations and for changes in the Work. The Cost of the Work does not include the compensation of the Architect and Architect's consultants, the costs of financing~ or other costs that are the responsibility of the Owner. § 4:3 Additional Services in be provided after execution of this Agreement, without invalidating the Agreement. Except forservices required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4:3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. §. 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services.necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner. '.or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEEDO certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of Performance on the part of the Owner or the Owner's consultants or contractors; ,5 Preparing digital data for' transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; ,8 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for,: and attendance at, a public hearing; ,8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; ,9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or ,11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need, If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, the Architect may suspend performance of the Additional Services, and the Owner shall have no further obligation to compensate the Architect for those services: 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial. Decision Maker; AIA Document 6101 TM — 2997 formerly 8151 TM — 19971. Copyright 1974, 1978, 9987, 1997 and 2007 by The American Institute of Architects. All rights lntt' reserved, WARNING; This AIA 03 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ! the law. This document was produced by AIA software at 10:55:23 on 11128/2012 under Order No.3842295686_1 which expires on 04/2112013, and is not for resale. User Notes: (1513251949) .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 433 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( ?.w..) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Fourteen ( 14 ) visits to the site by the Architect over the duration of the Project during construction .3 Two ( 2__) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two (:.2 inspections for any portion of the Work to determine final completion §.4.3.4 If the services covered by this Agreement have not been completed within twentv-ei ht { 28 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE '5 OWNER'S RESPONSIBILITIES § '61 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regardingrequirements for and:limitations on the Project, including the Owner's a geetives, schedule, constraints and criteria, , e"and- special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested i nformation as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5,2 The.Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 53 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site ofthe;Project, and a written l egal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,:dimensions and necessary data with respect to existing buildings, other improvements and trees; and information.concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. berings, > 5,5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation ound corrosion tests and resistivit y tests including necessary operations for antiRi atin subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the AIA Document 8101 Tm — 2007 formerly 8151 T � — 19971. Copyright Q 1974, 1978, 1987, 1997 and 2607 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.3. Copyright Law and international Treaties, Unauthorized reproduction or distribution of 15 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1 0:55:23 on 1112812012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as stradural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § .5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service, liability for any damages caused . by the defects in excess of the dam es that would have been incurred if the Owner _and/or Contractor had given prompt notification to the Architect when such „defect(s) were first discovered or suspected by the Owner and/or Contractor, an d.th.c_Architect had promptly corrected such defects. §; 5:'14 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § ; 6:11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the;Contract for Construction. §' 12 -The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1. For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all ,.elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing; contingencies for changes in the Work or other costs that are the responsibility of the Owner, § 6:2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional, It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estitate of the Cost of the Work or evaluation prepared or agreed to by the Architect. §,63 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based AIA Document B101 T — 2007 formerly B151 n — 19971. Copyright m 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING; This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AIA' Document, or any portion of if, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 10:55;23 on 1112812012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, tbrei+o r ^ fa ult of the ^ . e hit ee . , the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 65' If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § -6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; ..2 authorize;rebidding or renegotiating of the Project within a reasonable time; 3 terminate in accordance with Section 9.5; 4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the'Cost of the Work; or 5 implement any other mutually acceptable alternative. §: 61 the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's mod . i. ication of the Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 71 The Architect and the Owner agree that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or.'any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 . The Architect and the Architect'. s. consultants shall be deemed the authors and owners of their respective Instruments of Service; including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § :7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of`Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under 'this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. 1:7.11 In the.event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service,'the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. AIA Document 8101 M — 2007 (formerly B151 — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Arch €tects. Atl rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under I the law. This document was produced by AIA software at 10:55:23 on 1112812012 under Order No. 3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1613251949) § 7.4 Except for the Iicenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's ;consultants. ARTICLE 8 CLAIMS AND DISPUTES 8.1 GENERAL § The Owner and.Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in . law. The Owner and Architect Waive all claims and causes of action not commenced in accordance with this Section 8.1.1. §'.& To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each otherand=againstthe contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties .enumerated herein. § . 8:1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to eitlicr- party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION' § 8,21 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2:2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation Whi oh, un less the paAies intiWally agFee otherwise, shall be administered by the Amer-ioan Rbre©mei#—. request for mediation shall be made in writing, delivered to the other party to the Agreement, and tiled with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. if an arbitratie § 81.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where: the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof, § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box, If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ X ] Litigation in a court of competent jurisdiction r 1 oth f (S fy V AIA Document 8191 —2007 formerly 13151 — 1997). Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Intt' reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorixed reproduction or distribution of 18 this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 10:55 :23 on 11128!2012 under order No.3842295686 1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) AIA Document 8101111 -2'0" f B151 -� 1997). Copyright ® 1974, 9978, 1987, 1957 and 2007 by The American Institute of Architects. All rights ]nit, reserved. WARNING: This AIA Dument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:55:23 on 11128f2012 under Order No.3842295686_1 which expires on 04/2112013, and is not for resale, User Notes: (1513251949) xnu MOMIMMMOMM ~M ......... HIM W Oil IN AIA Document 8101111 -2'0" f B151 -� 1997). Copyright ® 1974, 9978, 1987, 1957 and 2007 by The American Institute of Architects. All rights ]nit, reserved. WARNING: This AIA Dument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:55:23 on 11128f2012 under Order No.3842295686_1 which expires on 04/2112013, and is not for resale, User Notes: (1513251949) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to snake payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall he paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall.be equitably adjusted. If the Owner,suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect; the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9,4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 95 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9;6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due end ^" TemifipAiea E,... defined i f f g n 9.7. due. § 9,7 §.$ The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Tbis Ageement shall be governed by the law of the place where the Project is A-1th-i'vatie-44 as 4-eiaef-:hed- efbin ding dispute r-esaltAien, the Feder-a! AfbkfiAien Aet shall gavem see4iefi 8.3-. located. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. No headings or numbering of Sections or Paragraphs in This Agreement shall be intemreted or construed to chance or modify the duties and obligations of Owner or Architect. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if..the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. AIA Document 6101 " — 2007 formerly B151 11 ' — 19971. Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under f the law. This document was produced by AIA software at 10:55:23 on 11128/2012 under order No.3842295686_1 which expires on 04121/2013, and is not for resale. User Notes: (1513251949) § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. The Owner agrees to include__a provision in all contracts with contractors and other entities involved in this Proiect to carry out the intent of this Parauaph. 10.6 t- hfl e t►. erv d s e .e. u i F ed i thi Affeemefft " The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. §. -'10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary, The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10. 84f the Architect or Owner receives information specifically designated by the other party as "confidential" or "business. proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 111 For the Architect's iasic.Services described under Article 3, the Owner shall compensate the Architect as follows: (1hsert ;amount Of or basisfor, compensation.) To be determined § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Architect as follows: (Insert amount of or.basisfor, compensation. If necessary, list specific services to which particular methods of compensation apply.) As mutually agreed as Additional Services are required. 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) As mutually agreed as Additional Services are required. § for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus p ereent0,4), One point two (1.2 ), or as otherwise stated below: [ § 11.5 -The compensation for each phase of services shall be as follows: Sehmoie Design to per-eent� per-een4� Phase Bidding or Negetiatieft Phas %) pef eefftL '� 7 wed pereent { 440 AIA Document B101Im — 2007 formerly 8151 — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and international Treaties. unauthorized reproduction or distribution of 21 this Aie Document, or any portions of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under f the law. This document was produced. by MA software at 10:55:23 on 11/2812012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) Schematic Design Phase To be determined Design Development Phase To be determined Construction Documents To be determined Phase Bidding or r Negotiation Phase To be determined Construction Phase To be determined Total Basic Compensation To be determined § 11.6 ow A-fibevAise A�A een4ueted, eempensatien for- these portions efthe PFeiee! shall be payable to the e)itent serviees ar Ter-fermed on these pertiens, iR aeeer-danee YAth 4he seheEtille se* -far-th m--- Seefien 11.5 based en (1) the lowest ben The Architect shall be entitled to compensation in accordance with this cement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) SCHEDULE OF HOURLY BILLING RATES CALENDAR YEAR 2012 Principals imployee.or GategM Architects Senior Project Manag_cr . .: Project Manager Architect Intern Technician Security and Detention Design Senior.Security and Detention Design Specialist Security and Detention Design Specialist Security and Detention Design Technician .En ineerin Director ! Mechanical/Electrical/Plulnbina Eneineerina Senior Engineer Engineer/Desig er Intern Technician Structural Engineering Senior Structural Eigi Engineer /Designer Intern: Technician Corrections Planner Construction Administration Director of Construction Administration Construction Administrator Specification Writer $225.00 R ate $160.00 125.00 105.00 79.00 $193.00 125.00 105.00 194.00 $162.00 140.00 91.00 $146.00 115.00 64.00 $185.00 $194.00 130.00 $133.00 AIA document 6109 T" —2007 formerly 8951 II — 19971. Copyright 01974, 1978, 1987, 1997 and 2007 by The Amedcan Institute of Architects. AI I rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 22 this AIA'' document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under f the law. This document was produced by AIA software at 10:55:23 on 11/2812012 under Order No.364221i5686_1 which expires on 04/2112013, and is not for resale. User Notes: (1513251949) Cost Estimator $160.00 Sustainabili y Planning Sustainability Planning Director $149.00 Senior Sustainability Coordinator 105.00 Sustainabili Coordinator 83.00 Interior Designer $91.00 Administrative $70.00 Rates are subject to change on January 1 of each year. § 11.8 COMPENSATION'FOR,:REIMBURSABL,E EXPENSES § ':11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses' incuned:.by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation: and authorized out-of-town travel and subsisteffee, subsistence, other than that provided in Basic Services compensation for travel from Warrenton, Virginia Architect's office to Winchester, Vir ini . .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; Proiect,; .4 Printin :reproductions, plots, standard form documents far the Owner's use specifically for printings at Schematic Design, Design Development, Construction Documents, and for Bidding and Construction if not paid for directly by Owner; .5 Postage, handling and delivery; .6 .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Ovmer (unless specifically included in Basic Services); .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; j •9 .10 Site office expenses; and .11 Other similar Project- related expenditures. § :11 8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus pew— °� One paint one { 1.1 ) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the 'Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: Not Applicable § '11A.0 PAYMENTS TO THE ARCHITECT § '71 10.1" al fi § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are clue and payable upon presentation of the Architect's invoice. Amounts unpaid tin _( 2u days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) AIA Document B101 " — 2007 formerly B151 — 1997). Copyright ® 1974, 1978, 1987, 1 997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright taw and International Treaties, Unauthorized reproduction or distribution of 23 this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:55:23 on 11121312012 under Order No.3842295686 1 which expires on 0412112013, and is not for resa €e. User Notes: (1 51 3251 949) %--Twelve nercent (12%) ner annum § ;19,90.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding and final dispute resolution proceeding, § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: wiiseyucnae yi the owner anu Arcnnect entering U1110 mis Agreement. 1.2.2 NOWDISCRIM I NATION. During the performance of this Agreement, the Architect ag_rees_as follows: 12:2.1 The Architect will not discriminate against any employee or applicant for employment because of race religion, —1 1'llvuJivGl. 11tG C>1 GlJ1 ;GL'; AGGJ LV VJt 111 1iVIIb Lk;UVU, 1aL:cJ available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 12.2.3 Notices, advertisements, and solicitatio placed in accordance with federal law, rule, or regulation shall be deemed sufficient compliance with this provision. 12.2 .4 The Architect agrees to include the provisions of 12.2.1, 12.2 and 12.23 above in every subcontract over $1 so that the provisions will be binding upon each subcontractor. 1213 During the p erformance of this Agreement the Architect agrees to i provide a dru -free work lace for its em to ees (ii) post in conspicuous places. available to employees and applicants for em Io cnt a statement rectifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled .substance or marijuana is pLofibited in its workplace and speciting the actions that will be taken against employees ARTICLE 13 SCOPE OF THE AGREEMENT § 111 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. Ibis Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B101Tm-- -2007, Standard Form Agreement Between Owner and Architect .2 AIA Deewnefit E-201 1 Digital Data Pfeteeel Exhibit, if eempleted, or the fall i — AIA document B101 T M — 2007 formerly B151 m — 1997), Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights fart• reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or distribution of this A10 Document or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 24 the law. This document was produced by AIA software at 10:55:23 on 11128!2012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) For the purposes of this section, "druty -free workplace" means a site for the performance of work done in connection with this Ageernent in which the employees of the Architect are prohibited from engaging in the unlawful manufacture sale distribution dispensation possession or use of any controlled substance or marijuana during the performance of the Agreement. 3 .2 Other documents: (List other documents, ' , -if any, forming part of the Agreement.) (Signature) (Signature) Mr. Harvey E. Strawsnvder, .Jr.. P.E. Mr. Anthony J. Bel] III, AIA, Vice President Frederick!County, Vilrginia Moseley Architects P.C. `(Printed name and title) (Printed name and title) AIA Document 13101 TM —2007 formerly B151 T m — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights [nit. reserved. WARMING: This AIA Document is protected by U.S. Copyright taw and international Treaties. Unauthorized reproduction or distribution of 25 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under t the law. This document was produced by AIA software at 10:55:23 on 11/2812012 under Order No.3842295686_1 which expires on 0412112013, and is not for resale. User Notes: (1513251949) Certification of Document's Authenticity AW Document D401 T11 -2003 I, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 10:55:23 on 11/28/2012 under Order No. 3842295686_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of ATA Document B 101TM --- 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) AIA Document X401 TM -2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may a result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:55:23 on 1 112 8/2 01 2 under Order No.38422958ss_i which expires on 04/21/2013, and Es not for resale. User Notes: (1513251949) 2/11/2013 FY13 Budget Transfer Report for January 2013 PAGE 1 DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 1/1/2013 SHERIFF COMBINE OVERTIME INTO ONE LINE ITEM 3102 1005 000 001 (138,750.00) SHERIFF 31021005 000 000 138,750.00 1/9/2013 BOARD OF SUPERVISORS MEETING BROADCAST COSTS 1101 3005 000 000 (1,500.00) BOARD OF SUPERVISORS 1101 3002 000 000 1,500.00 1/9/2013 COUNTY OFFICE BUILDINGS /COURT PLANET FOOTPRINT ANNUAL SUBSCRIPTION 43043005 000 005 (2,100.00) COUNTY OFFICE BUILDINGS /COURT 4304 3002 000 000 2,100.00 COUNTY OFFICE BUILDINGS /COURT 4304 3010 000 000 (2,100.00) COUNTY OFFICE BUILDINGS /COURT 4304 3002 000 000 2,100.00 1/10/2013 SHERIFF COVER EXPENDITURES IN CURRENT BUDGET 3102 5413 000 004 (75.00) SHERIFF 3102 5413 000 001 75.00 1/10/2013 SHERIFF COVER EXPENDITURES FOR PRINTING &BINDING 3102 5401 000 000 (2,500.00) SHERIFF 3102 3006 000 0001 2,500.00 1/10/2013 SHERIFF INSTALLATION COST FOR IN -CAR COMPUTERS 3102 5401 000 000 (13,600.00) SHERIFF 3102 3004 000 002 13,600.00 1/10/2013 COMMISSIONER OF THE REVENUE PRICING GUIDE INCREASED 1209 5401 000 000 (300.00) COMMISSIONER OF THE REVENUE 1209 5411 000 000 300.00 1/10/2013 REASSESSMENT /BOARD OF ASSESSORS RE POSTAGE REIM. TO COR 1210 5204 000 000 (2,000.00) COMMISSIONER OF THE REVENUE 1209 5204 000 000 2,000.00 1/10/2013 REASSESSMENT /BOARD OF ASSESSORS TRAVEL FROM RE TO COVER COST OF TRIPS 1210 5506 000 000 (900.00) COMMISSIONER OF THE REVENUE 1209 5506 000 000 900.00 1/14/2013 PUBLIC SAFETY COMMUNICATIONS COVER PURCHASES OPERATING OTHER 3506 5204 000 000 (1,000.00) PUBLIC SAFETY COMMUNICATIONS 3506 5413 000 000 1,000.00 1/14/2013 MAINTENANCE ADMINISTRATION GAS FOR MAINTNENACE TRUCK AT CAB 4301 4003 000 002 (250.00) MAINTENANCE ADMINISTRATION 4301 4003 000 003 250.00 1/17/2013 PARKS MAINTENANCE NATIONAL PLAYGROUND SAFETY RECERTIFICATION 7103 5506 000 000 246.28 SHERANDO PARK 7110 5413 000 000 (246.28) 1/17/2013 ECONOMIC DEVELOPMENT COMMISSION OTHER OPERTAING SUPPLIES 8102 3002 000 006 (1,000.00) ECONOMIC DEVELOPMENT COMMISSION 8102 5413 000 000 1,000.00 1/17/2013 PARKS MAINTENANCE WINTER WONDERLAND SUPPLIES 7103 5414 000 000 (1,500.02) PARKS MAINTENANCE 7103 5412 000 000 1,500.02 PARKS MAINTENANCE 7103 5414 000 000 (5.36) CLEARBROOK PARK 7109 5412 000 000 5.36 1/22/2013 OTHER TO COVER MPO INVOICES 1224 5415 000 000 (2,100.00) OTHER 1224 5404 000 025 2,100.00 1/23/2013 TREASURER PAY VALECO DUES 1213 5401 000 000 (115.00) TREASURER 1213 5801 000 000 115.00 1/24/2013 GENERAL DISTRICT COURT COVER PARKING INVOICE 2102 3004 000 001 (200.00) GENERAL DISTRICT COURT 2102 3010 000 000 200.00 GENERAL DISTRICT COURT 2102 5204 000 000 (270.50) GENERAL DISTRICT COURT 2102 3010 000 000 270.50 1/24/2013 OTHER FREDERICK COUNTY SHARE MPO INVOICES 12245415 000 000 (2,500.00) OTHER 1224 5604 000 025 2,500.00 1/24/2013 GENERAL DISTRICT COURT WATER INVOICE 210252041 0001 000 (105.00) GENERAL DISTRICT COURT 2102 3010 000 000 105.00 1/28/2013 JUVENILE AND DOMESTIC COURT COVER PARKING 2105 5204 000 000 (600.00) JUVENILE AND DOMESTIC COURT 2105 3010 000 000 600.00 1/28/2013 CLEARBROOK PARK PURCHASE (2) TORO MOWERS 7109 8001 000 000 5,061.00 SHERANDO PARK 7110 8001 000 000 (5,061.00) 1/30/2013 JUVENILE COURT PROBATION COST OF PARKING 3303 5204 000 000 (504.00) JUVENILE COURT PROBATION 3303 3010 000 000 504.00 1/30/2013 CLEARBROOK PARK HEATING OIL FOR CLEARBROOK PARK 7109 5408 000 000 (200.53) CLEARBROOK PARK 7109 5102 000 000 200.53 1/31/2013 PUBLIC SAFETY COMMUNICATIONS CAREER DEVELOPMENT 3506 1001 000 011 515.30 PUBLIC SAFETY COMMUNICATIONS 3506 1001 000 009 788.00 PUBLIC SAFETY COMMUNICATIONS 35061007 000 001 (1,303.30) 1/31/2013 INFORMATION TECHNOLOGY PLANNING NETWORK UPGRADE 1220180071 0001 003 (5,421.90) INFORMATION TECHNOLOGY 1220154131 0001 0001 5,421.90 1/31/2013 ANIMAL SHELTER SUPPLEMENT FOR REPAIR & MAINTENANCE 4305 5413 0001 000 (1,500.00) ANIMAL SHELTER 4305 30041 0001 0001 1,500.00 2/11/2013 FY13 Budget Transfer Report for January 2013 PAGE DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 2/1/2013 COMMISSIONER OF THE REVENUE CORRECT ALLOCATION OF VEHICLE INSURANCE 1209 5305 000 000 (457.95) REASSESSMENT /BOARD OF ASSESSORS 1210 5305 000 000 457.95 2/5/2013 COUNTY ATTORNEY INCREASED BAR DUES COSTS 1202 5413 000 000 (45.00) COUNTY ATTORNEY 1202 5801 000 000 45.00 2/7/2013 COUNTY ATTORNEY INCREASED BAR DUES COSTS 1202 3002 000 000 (105.00) COUNTY ATTORNEY 1202 5801 000 000 105.00 2/8/2013 REASSESSMENT /BOARD OF ASSESSORS 1PROMOTION 1 1210 0001 006 (1,370.26) REASSESSMENT /BOARD OF ASSESSORS 12101001 000 041 1,370.26 County of Frederick General Fund January 31,2013 ASSETS FY13 FY12 Increase Performance Bonds Payable 1/31/2013 1/31/2012 (Decrease) Cash and Cash Equivalents 35,236,638.99 29,091,330.49 6,145,308.50 *A Petty Cash 1,555.00 1,555.00 0.00 Receivables: 6,450,430.99 5,894,904.07 555,526.92 Taxes, Commonwealth, Reimb. P/P 4,207,946.68 3,841,274.16 366,672.52 *B Streetlights 1,362.81 1,668.55 (305.74) Commonwealth,Federal,45 day Taxes 28,677.02 29,909.68 (1,232.66) Due from Fred. Co. San. Auth. 734,939.23 734,939.23 0.00 Prepaid Postage 4,473.65 4,688.33 (214.68) GL controls (est.rev / est. exp) (11,023,116.40) (6,636,984.58) (4,386,131.82) (1) Attached TOTAL ASSETS 29,192,476.98 27,068,380.86 2,124,096.12 LIABILITIES Accrued Liabilities 596,412.48 393,172.36 203,240.12 *C Performance Bonds Payable 1,544,256.24 1,561,080.89 (16,824.65) Taxes Collected in Advance 71,471.47 87,093.05 (15,621.58) Deferred Revenue 4.238.290.80 3,853,557.77 384,733.03 *D TOTAL LIABILITIES 6,450,430.99 5,894,904.07 555,526.92 EQUITY Fund Balance Reserved: Encumbrance General Fund 529,648.67 183,785.37 345,863.30 (2) Attached Conservation Easement 2,135.00 1,635.00 500.00 Peg Grant 128,354.00 82,948.40 45,405.60 Prepaid Items 949.63 949.63 0.00 Advances 734,939.23 734,939.23 0.00 Employee Benefits 93,120.82 93,120.82 0.00 Courthouse ADA Fees 124,084.63 75,601.48 48,483.15 Historical Markers 17,227.91 17,194.14 33.77 Transportation Reserve 438,300.00 438,300.00 0.00 Animal Shelter 325,780.61 309,579.84 16,200.77 Proffers 2,305,873.65 1,640,089.10 665,784.55 (3) Attached Economic Development Incentive 550,000.00 687.01 549,312.99 *E Star Fort Fees 0.00 4,261.53 (4,261.53) VDOT Revenue Sharing 436,270.00 436,270.00 0.00 Undesignated Adjusted Fund Balance 17,055,361.84 17,154,115.24 (98,753.40) (4) Attached TOTAL EQUITY 22,742,045.99 21,173,476.79 1,568,569.20 TOTAL LIAB. & EQUITY 29,192,476.98 27,068,380.86 2,124,096.12 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. BALANCE SHEET (1) GL Controls FY13 FY12 Inc /(Decrease) DEPARTMENT Est. Revenue 123,189, 774 121, 775, 301 1,414,473 29,373.65 Chevy Tahoe Appropriations (58,518,617) (56,251,976) (2,266,641) TOTAL Est.Tr.to Other fds (76,223,922) (72,344,095) (3,879,826) 8,750.00 Bathroom Renovation Encumbrances 529,649 183,785 345,863 Solid Waste 78,061.00 3 Toro Mowers (11,023,116) (6,636,985) (4,386,132) 9,584.00 Mobile Forensic Solution Kit (2) General Fund Purchase Orders Outstanding 01/31/13 Designated DEPARTMENT Amount Description Fire and Rescue 13,117.27 Uniforms Other 29,373.65 Chevy Tahoe SCHOOLS 14,580.94 HAZ MAT Equipment FIRE & RESCUE 2,994.35 Promotional Supplies for Volunteer Recruitment TOTAL 3,015.99 Scott SCBA Repair Stephens City Fire & Rescue 5,195.00 Tile Replacement 305,573.45 8,750.00 Bathroom Renovation Parks 4,249.00 Uniforms Sheriff 57,699.00 2013 Bus Solid Waste 78,061.00 3 Toro Mowers Sheriff 39,900.00 75 Vehicle Mounts for Computers Total 9,584.00 Mobile Forensic Solution Kit 2,502.47 Gas Meter 23,460.00 F150 4X4 10,150.00 100 WIFI Antennas and Mounts 227,016.00 9 Police Interceptor Sedans Tota 1 529.648.67 Designated Other Projects Detail Administration Designated Bridges (3)Proffer Information Historic Preservation 58,000.00 Other 14,907.00 SCHOOLS PARKS FIRE & RESCUE Projects TOTAL Balance(cD.1/31/13 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 @1/31/13 (4) Fund Balance Adjusted Beginning Balance 1/13 22,866,822.33 Revenue 1/13 65,383,501.50 Expenditures 1/13 (29,558,925.42) Transfers 1/13 (41,636,036.57) 1/13 Adjusted Fund Balance 17,055,361.84 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance January 31, 2013 REVENUES: Appropriated FY13 FY 12 YTD 1/31/2013 1/31/2012 Actual Actual Actual Variance General Property Taxes 82,285,000.00 Otherlocaltaxes 27,145,651.00 Permits & Privilege fees 904,250.00 Revenue from use of money and property 173,500.56 Charges for Services 2,250,180.00 Miscellaneous 758,064.75 Recovered Costs 750,553.81 Intergovernmental: Commonwealth 8,727,460.94 Federal 195,112.71 Transfers 0.00 TOTALREVENUES EXPENDITURES: General Administration Judicial Administration Public Safety Public Works Health and Welfare Education Parks, Recreation, Culture Community Development TOTAL EXPENDITURES OTHER FINANCING SOURCES ( USES): Operating transfers from / to Excess (deficiency)of revenues & other sources over expenditures & other uses 38,641,957.83 35,467,429.62 3,174,528.21 (1) 11,230,710.24 10,470,079.56 760,630.68 (2) 702,546.10 590,414.33 112,131.77 (3) 185,745.60 116,660.18 69,085.42 (4) 1,282,505.81 1,279,539.39 2,966.42 (238,191.32) 294,544.56 221,728.98 72,815.58 0.00 1,519,067.01 748,070.45 770,996.56 (5) 11,377,777.22 11,444,244.04 (66,466.82) (6) 148,647.13 116,223.01 32,424.12 (7) 0.00 0.00 0.00 123,189,773.77 65,383,501.50 60,454,389.56 4,929,111.94 8,742,185.44 4,852,476.23 4,016,610.09 835,866.14 2,112,454.66 1,145,253.54 1,050,405.07 94,848.47 26,039,702.59 14,333,539.43 13,452,548.48 880,990.95 4,378,283.63 2,080,508.38 1,956,753.91 123,754.47 7,105,292.00 3,467,261.80 3,705,453.12 (238,191.32) 56,493.00 28,246.50 28,246.50 0.00 5,261,636.92 2,688,046.44 2,745,214.69 (57,168.25) 1,818,193.88 963,593.10 949,026.03 14,567.07 55,514,242.12 29,558,925.42 27,904,257.89 1,654,667.53 (8) 79,228,296.72 41,636,036.57 38,099,911.05 3,536,125.52 (9) (11,552,765.07) (5,811,460.49) (5,549,779.38) 261,681.11 Fund Balance per General Ledger 22,866,822.33 22,703,894.62 162,927.71 Fund Balance Adjusted to reflect 17,055,361.84 17,154,115.24 (98,753.40) Income Statement @1/31/13 (1)General Property Taxes FY13 FY12 Increase /Decrease Real Estate Taxes 21,959,713 20,172,505 1,787,208 Public Services 1,229,704 685,750 543,954 Personal Property 14,806,858 13,962,993 843,865 Penalties and Interest 487,939 465,692 22,247 Credit Card Chgs. /Delinq.Advertising 1 (17,808) (16,601) (1,207) Adm.Fees For Liens &Distress 1 175,5511 197,090 (21,539) Meals Tax 38,641,958 1 35,467,429 1 3,174,529 (2) Other Local Taxes Local Sales & Use Tax 4,720,075.82 4,330,599.32 389,476.50 Communications Sales Tax 584,221.26 564,109.87 20,111.39 Utility Taxes 1,375,021.06 1,343,082.82 31,938.24 Business Licenses 1,222,217.28 1,107,844.22 114,373.06 Auto Rental Tax 59,750.10 54,531.77 5,218.33 Motor Vehicle Licenses Fees 366,433.43 379,178.94 (12,745.51) Recordation Taxes 745,711.72 565,275.14 180,436.58 Meals Tax 1,922,324.73 1,882,865.45 39,459.28 Lodging Tax 212,636.24 220,435.16 (7,798.92) Street Lights 18,043.43 17,833.66 209.77 Star Fort Fees 4,275.17 4,323.21 (48.04) Total 11,230,710.24 10,470,079.56 760,630.68 (3)Perm its &Privileges Dog Licenses 25,965.00 26,692.00 (727.00) Land Use Application Fees 7,225.00 4,343.00 2,882.00 Transfer Fees 1,446.30 1,307.70 138.60 Development Review Fees 202,612.24 89,570.20 113,042.04 *1 Building Permits 352,804.78 315,210.52 37,594.26 2% State Fees 1,466.01 1,169.16 296.85 Electrical Permits 38,706.00 64,288.00 (25,582.00) Plumbing Permits 6,295.00 17,585.00 (11,290.00) Mechanical Permits 28,634.17 45,788.75 (17,154.58) Sign Permits 2,391.60 1,490.00 901.60 Permits for Commercial Burning 325.00 50.00 275.00 Explosive Storage Permits 600.00 700.00 (100.00) Blasting Permits 225.00 120.00 105.00 Land Disturbance Permits 33,500.00 20,600.00 12,900.00 Sewage Haulers Permit - 900.00 (900.00) Sewage Installation License 300.00 100.00 200.00 Residential Pump And Haul Fee 50.00 - 50.00 Transfer Development Rights - 500.00 (500.00) Total 702,546.10 590,414.33 112,131.77 (4) Revenue from use of Money 55,310.55 87,412.67 (32,102.12) Property 130,435.05 29,247.51 101,187.54 *2 185,745.60 116,660.18 69,085.42 *1 The increase of permit fees were impacted by the increase in the fee charge for development review and other fee categories *2 Sale of Stephens City School($99.025) (5) Recovered Costs FY13 FY12 Increase /Decrease Recovered Costs Treas. Office 42,577.25 42,462.01 115.24 Worker's Comp 750.00 650.00 100.00 Purchasing Card Rebate 96,305.09 93,020.92 3,284.17 Recovered Costs- IT /GIS 5,000.00 - 5,000.00 Reimbursement Circuit Court 7,683.94 12,236.26 (4,552.32) Clarke County Container Fees 33,418.13 33,683.91 (265.78) City of Winchester Container Fees 11,901.15 7,455.91 4,445.24 Refuse Disposal Fees 39,953.53 32,522.91 7,430.62 Recycling Revenue 69,736.22 47,833.00 21,903.22 Sheriff Restitution - 150.60 (150.60) Fire &Rescue Merchandise (Resale) 178.18 128.75 49.43 Container Fees Bowman Library 823.21 709.20 114.01 Restitution Victim Witness 3,073.12 280.00 2,793.12 Reimb.of Expenses Gen.District Court 19,431.98 16,365.20 3,066.78 Reimb. Public Works Salaries 41,682.00 20,465.20 21,216.80 Reimb. Of Expenses J &D Court - 4,822.55 (4,822.55) Winchester EDC 54,000.00 54,000.00 - Reimb.Task Force 32,000.93 33,854.30 (1,853.37) C &P Jail (60.00) - (60.00) EDC /Recovered Costs 480.00 119.95 360.05 Sign Deposits Planning (250.00) 50.00 (300.00) Reimbursement Elections 4,043.36 4,631.59 (588.23) Westminister Canterbury Lieu of Tax 12,260.55 12,260.55 - Reimbursement Street Signs 2,471.89 - 2,471.89 Grounds Maintenance Frederick Co. Schools 104,677.61 80,101.74 24,575.87 Comcast PEG Grant 46,288.40 15,232.40 31,056.00 Proffer -Other 345,000.00 5,220.50 339,779.50 Fire School Programs 13,840.00 18,110.62 (4,270.62) Proffer Sovereign Village 18,293.65 10,976.19 7,317.46 Proffer Lynnehaven 16,891.55 33,783.10 (16,891.55) Proffer Redbud Run 90,356.00 90,356.00 - Clerks Reimbursement to County 6,496.19 6,900.30 (404.11) Village at Harvest Ridge 7,695.00 - 7,695.00 Proffer Snowden Bridge 306,534.94 51,830.46 254,704.48 Proffer Meadows Edge Racey Tract 40,288.00 - 40,288.00 Sheriff Reimbursement 44,245.14 17,856.33 26,388.81 Westbury Commons Proffer 1,000.00 - 1,000.00 Total 1,519,067.01 1 748,070.45 1 770,996.56 *1 $330,000 Transportation Proffer from BPG Properties for Rt.11 Corridor (6) Commonwealth Revenue 1/31/2013 1/31/2012 FY13 FY12 Increase /Decrease Motor Vehicle Carriers Tax 34,612.37 30,284.33 4,328.04 Mobile Home Titling Tax 52,974.07 66,544.33 (13,570.26) State PP /Reimbursement 6,526,528.18 6,526,528.18 - Recordation Taxes 235,589.00 210,941.70 24,647.30 Shared Expenses Comm.Atty. 217,545.09 231,604.80 (14,059.71) Shared Expenses Sheriff 1,143,612.53 1,176,261.47 (32,648.94) Shared Expenses Comm.of Rev. 99,226.41 81,928.75 17,297.66 Shared Expenses Treasurer 74,167.96 74,131.40 36.56 Shared Expenses Clerk 205,227.21 202,089.39 3,137.82 Public Assistance Grants 1,922,630.91 2,201,592.89 (278,961.98) Litter Control Grant 17,573.00 12,177.00 5,396.00 Emergency Services Fire Program 209,360.00 191,433.00 17,927.00 Recycling Grant 5,489.94 - 5,489.94 DMV Grant Funding 18,907.66 17,501.71 1,405.95 DCJS & Sheriff State Grants 44,314.79 43,369.61 945.18 JJC Grant Juvenile Justice 96,269.00 92,697.00 3,572.00 Rent /Lease Payments 137,909.68 186,167.32 (48,257.64) Spay /Neuter Assistance -State 272.65 218.28 54.37 VDEM Grant Sheriff 223,500.00 - 223,500.00 Wireless 911 Grant 27,176.12 13,968.13 13,207.99 State Forfeited Asset Funds 26,352.65 24,573.98 1,778.67 VA Dept of Health Biosolids - 7,692.27 (7,692.27) Victim Witness - Commonwealth Office 50,111.00 50,111.50 (0.50) Social Services VOCA Grant 3,325.00 285.00 3,040.00 F/R OEMS Reimb. 5,102.00 2,142.00 2,960.00 Total 11,377,777.22 11,444,244.04 (66,466.82) *1 *1 Reduction in revenue as the daycare assistance program payments are processed electronically by the state. County of Frederick General Fund January 31, 2013 (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 123,869.33 75,362.25 48,507.08 Tota 1 148,647.13 1 116,223. 1 32,424.12 (8) Expenditures The VRS increase and overtime pay calculations effective 7/1/12 impact the $1,654,667.53 increase of FY13 expenditures. General Administration was significantly affected by the timing of the FY13 $880,502.00 local match to Comprehensive Services. Public Safety was impacted by the $232,994.00 increase in the County local share for the Jail. Health and Welfare decreased $238,191.32 as the State Division of Social Services processes the daycare assistance programs payments electronically (this payment change was effective February 2012). Transfers increased $3,536,125.52 in total. See chart below: (9) Transfers Increased $3,536,125.52 FY13 FY12 Increase /Decrease School Operating 32,274,604.34 28,747,083.14 3,527,521.20 Debt Service School 7,313,075.50 7,313,075.50 - Shaweela nd 597.36 - 597.36 Debt Service County 1,404,483.91 1,489,528.56 (85,044.65) School Special Grants 0.00 41,499.19 (41,499.19) N RADC 972.98 - 972.98 Operational Transfers 642,302.48 508,724.66 133,577.82 Total 1 41,636,036.57 38,099,911.05 3,536,125.52 *1 Includes $1,128,002.00 Re- appropriation and the $2,223,000.00 10/10/12 Resolution *2 Worker's compensation refunds, and one- *1 *2 time employer payments County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER January 31, 2013 ASSETS FY2013 FY2012 Increase 1/31/2013 1 /31 /2012 (Decrease) Cash 4,466,560.12 4,159,806.64 306,753.48 Accounts Receivable Other 0.00 233.35 (233.35) GL controIs(est.rev /est.exp) (1,119,118.13) (689,771.50) (429,346.63) TOTAL ASSETS 3,347,441.99 3,470,268.49 (122,826.50) 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 117,059.94 0.00 117,059.94 Undesignated Fund Balance 1,226,341.08 1,598,960.49 (372,619.41) *1 TOTAL EQUITY 1,343,401.02 1,598,960.49 (255,559.47) TOTAL LIABILITY & EQUITY 3,347,441.99 3,470,268.49 (122,826.50) NOTES: *1 Fund balance was impacted by expenditures in excess of revenue and the $221,000.00 Jail share for a new phone system. Current Unrecorded Accounts Receivable- FY2013 Prisoner Billing: 28,963.72 Compensation Board Reimbursement 1/13 433,281.30 Total 462,245.02 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 1/31/2013 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FY2013 REVENUES: 1/31/2013 Appropriated Actual Interest Supervision Fees Drug Testing Fees Work Release Fees Federal Bureau Of Prisons Local Contributions Miscellaneous Phone Commissions Food & Staff Reimb. Juv.Det.Ctrv.Det.Ctr Elec.Monitoring Part.Fees Employee Meal Supplements Share of Jail Cost Commonwealth Medical & Health Reimb. Shared Expenses CFW Jail State Grants Local Offender Probation DOC Contract Beds Bond Proceeds Transfer from General Fd, TOTAL REVENUES EXPENDITURES: Excess(Deficiency)of revenues over expenditures FUND BALANCE PER GENERAL LEDGER Fund Balance Adjusted To Reflect Income Statement @113112013 FY2012 1/31/2012 YTD Actual Actual Variance - 4,748.72 8,886.53 (4,137.81) 55,399.00 24,897.50 24,897.50 5,506.00 2,952.46 2,952.46 499,800.00 199,613.05 202,040.43 (2,427.38) 0.00 165.00 725.00 (560.00) 5,273,767.00 3,839,041.00 3,548,925.25 290,115.75 12,446.00 28,613.12 21,609.94 7,003.18 126,000.00 58,793.95 54,070.03 4,723.92 96,000.00 49,616.93 47,686.51 1,930.42 83,767.00 33,535.04 22,399.04 11,136.00 500.00 0.00 220.00 (220.00) 975,355.00 515,569.00 513,327.77 2,241.23 51,237.00 28,679.19 27,994.48 684.71 5,003,495.00 2,584,277.03 2,588,181.45 (3,904.42) 242,915.00 139,178.00 81,520.00 57,658.00 238,888.00 125,568.00 125,568.00 0.00 13,292.00 15,796.00 (2,504.00) 0.00 0.00 0.00 0.00 4,199,498.00 2,100,721.98 1,866,755.00 233,966.98 16,864,573.00 9,749,261.97 9,000,137.43 749,124.54 18,100,751.07 9,980,178.52 9,426,066.10 554,112.42 (230,916.55) (425,928.67) 195,012.12 1,457,257.63 2,024,889.16 (567,631.53) 1,226,341.08 1,598,960.49 (372,619.41) County of Frederick Fund 12 Landfill January 31, 2013 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 1/31/13 1/31/12 (Decrease) 28,986,215.27 29,258,633.56 (272,418.29) *1 477,708.99 488,054.49 (10,345.50) *2 1,089.86 72.00 1,017.86 (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) (4.418,853.95) (4,172,499.15) (246,354.80) 34,098.658.14 33,400,126.95 45,934,828.43 45,427.761.59 507.066.84 134,423.76 122,588.76 11,835.00 11,653,036.50 11,545,003.93 108,032.57 *3 47,620.17 359,969.95 (312,349.78) 1.089.86 72.00 1,017.86 11,836,170.29 12,027,634.64 (191,464.35) 182,858.22 687,970.85 (505,112.63) *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 24,057,357.92 22,853,714.10 1,203,643.82 *5 34,098.658.14 33,400,126.95 698,531.19 45.934.828.43 45,427,761.59 507.066.84 NOTES: *1 The decrease in cash was impacted by prior year increases in expenditures disbursed in the current year *2 Receivables at 1/31/13 decreased $10,345.50. Landfill charges for 1/13 were $368,921.74 compared to $352,443.18 at 1/12 for an increase of $16,478.56. The delinquent fees at 1/13 were $106,219.12 compared to $133,213.04 at 1/12 for a decrease of $26,993.92. *3 Accrued remediation increased $108,032.57, and includes $104,871.00 for post closure costs and $3,161.57 interest. *4 Encumbrances decreased $505,112.63. The encumbrance balance at 1/31/13 was $182,858.22 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 $99,500.00 for a hydroseeder and spray options. *5 Total fund balance increased $1,203,643.82. 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 expenditures $706,999.37. County of Frederick Comparative Statement of Revenue, Expenditures and Changes in Fund Balance January 31, 2013 FUND 12 LANDFILL (609.11) FY13 REVENUES 102,612.80 1/31/13 2,495,475.02 Appropriated Actual Interest Charge 0.00 3,600.97 Interest on Bank Deposits 40,000.00 29,145.63 Salvage and Surplus 0.00 73,059.50 Sanitary Landfill Fees 4,565,400.00 2,522,127.02 Charges to County 0.00 193,014.31 Charges to Winchester 0.00 56,233.08 Tire Recycling 70,000.00 62,637.46 Reg.Recycling Electronics 40,000.00 28,467.00 Miscellaneous 0.00 4,478.00 Wheel Recycling 120,000.00 8,637.50 Charges for RTOP 0.00 0.00 Renewable Energy Credits 0.00 0.00 Landfill Gas To Electricity 554,048.00 284,025.60 Waste Oil Recycling 11,439.89 State Reimbursement Tire Operation 0.00 6,120.00 TOTAL REVENUES 5,389,448.00 3,282,985.96 Operating Expenditures 5,195,180.00 1,788,774.59 Capital Expenditures 4,795,980.17 787,212.00 TOTAL Expenditures 9,991,160.17 2,575,986.59 Excess(defiency)of revenue over expenditures 706,999.37 Fund Balance Per General Ledger FY12 YTD 1/31/12 Actual Actual Variance 4,210.08 (609.11) 35,080.46 (5,934.83) 102,612.80 (29,553.30) 2,495,475.02 26,652.00 192,522.35 491.96 53,222.24 3,010.84 68,303.74 (5,666.28) 27,200.00 1,267.00 288.00 4,190.00 100.00 8,537.50 0.00 0.00 0.00 0.00 324,698.26 (40,672.66) 0.00 11,439.89 11,408.00 (5,288.00) 3,315,120.95 (32,134.99) 1,580,789.37 207,985.22 2,280,396.95 (1,493,184.95) 3,861,186.32 (1,285,199.73) (546,065.37) 1,253,064.74 23,350,358.55 23,399,779.47 (49,420.92) FUND BALANCE ADJUSTED 24,057,357.92 22,853,714.10 1,203,643.82 County of Frederick, VA Report on Unreserved Fund Balance February 13, 2013 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 Return VJCCCA funds (1,011,573) Other Funding / Adjustments Carmeuse Incentive (550,000) Feb 2010 Snow (58,328) GAP Pay (46,383) 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) Return VJCCCA funds (5,839) Sheriff computer forensics (48,875) Sheriff overtime (100,000) Phone system (517,400) (5,904,118) Fund Balance, February 13, 2013 22,866,822 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 MEMORANDUM FAX: 540/665-6395 TO: Board of Supervisors FROM: John A. Bishop, AICP, Deputy Director - Transportation �w RE: Transportation Committee Report for Meeting of February 19, 2013 DATE: February 20, 2013 The Transportation Committee met on February 19, 2013 at 8:30 a.m. Members Present Chuck DeHaven (voting) Gene Fisher (voting) James Racey (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Bryon Grigsby (voting) Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) ** *Items Requiring Action. * ** None ** *Items Not Requiring Action * ** 1. Private Streets in the R5 District Staff presented the draft modifications to the ordinance governing the use of private streets in the R5 district. The applicant was present and noted that they had specific desires regarding their development which prompted the modification request. They also noted that what they intend to build exceeds the proposed requirements. In discussion the committee did not identify any concerns with the modifications. MOTION: Mr. Racey made a motion to forward to the Board of Supervisors for consideration. Mr. Fisher seconded the motion. The motion passed with 1 vote against. 1 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 2. 3. Q VDOT Route 37 Work For information only at this point staff and VDOT presented a draft of the Route 37 corridor refinements being undertaken by VDOT. The purpose of this work is to make sure that current planning for the corridor is consistent with current design standards where the old plans may not be. Staff is doing some additional work to the map coverage and will then forward them for consideration. This item will return to the Transportation Committee at their March meeting for a recommendation of comments to the Board of Supervisors. I -81 Corridor Coalition Staff notified the committee that the County had been solicited to join the I -81 Corridor Coalition at a cost of $5,000.00 per year for a three year term. Staff noted that based on discussions with local public safety leaders that the benefits of being a direct member did not seem to justify the cost of membership. In addition the County is still a member under the umbrella of the Northern Shenandoah Valley Regional Commission which is a member. MOTION: Mr. Racey made a motion that the committee not recommend membership at this time. Motion was seconded by Mr. Grigsby. The motion passed unanimously. Other Mr. Carter of VDOT noted that they will be approaching the committee for a recommendation regarding the reconstruction of the Rt. 623 bridge at the Frederick/Shenandoah County line. Mr. Oates asked for follow up on the discussion of MARC train access or shuttles from Frederick County that was discussed at the Planning Commission retreat. 2 SUBDIVISION REQUEST #06 -12 w, 300N, LLC w IM o Staff Report for the Board of Supervisors Prepared: February 21, 2013 Staff Contact: Mark R. Cheran, Zoning and Subdivision Administrator Reviewed Action Planning Commission 02/20/13 Recommended Approval Board of Supervisors: 02/27/13 Pending LOCATION The subject property is located adjacent and east of Route 522, .50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER 64 -1 -A 1 EXECUTIVE SUMMARY FOR 02/27/13 BOARD OF SUPERVISORS MEETING: In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144 -24C of the Frederick County Subdivision Ordinance. Section 144 -24C requires the use of public roads to access each lot. At their meeting on February 20, 2013, the Planning Commission unanimously recommended approval of the waiver of the public road requirement, and also recommended administrative approval authority for the two -lot subdivision. The Board is asked to consider two actions: • Action regarding the waiver of the public road requirement. • Action regarding administrative approval authority for two -lot subdivision. Subdivision Request #06 -12, 300N, LLC February 21, 2013 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 subject property is located adjacent and east of Route 522,50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER 64 -1 -A 1 PROPERTY ZONING & PRESENT USE B3 (Business Industrial Transition) District Land Use: Office/Warehouse ADJOINING PROPERTY ZONING & USE North: B2 (Business General) South: RA (Rural Areas) East: RA (Rural Areas) West: B1 (Business Neighborhood) M2 (Industrial General) Use:. Vacant Use: Residential /Public Garage Use: Airport Use: Residential /Industrial SUBDIVISION SPECIFICS: Subdivision of 6.67 acres into two (2) parcels of 2.3 acres and 4.373. Fire and Rescue No comments Winchester Regional Airport: Rezoning should not impact operations at the Winchester Regional Airport with the existing structures and use. My only comment would be that the owner be made aware of the proximity of the site within the approach surface of the runway and the likelihood on noise from arriving and departing aircraft. Any proposed new construction would be reviewed for impacts as part of the regular site plan review process. Subdivision Request #06 -12, 300N, LLC February 21, 2013 Page 3 Planning: When Frederick County adopted zoning in 1967, this property was zoned B3 (Industrial Transition Business) District, and had no approved Master Development Plan (MDP). This request is for subdivision of a 6.67 + /- acre parcel into two (2) parcels of 6.67 + /- acres and 2.3 +/- acres. These parcels are located within and the Sewer and Water Service Area (SWSA), as indicated by the 2030 Comprehensive Policy Plan of Frederick County. Staff Review The Subdivision Ordinance requires that land divisions in the B3 Zoning District without an approved Master Development Plan (MDP) be presented to the Planning Commission and Board of Supervisors for final approval (Chapter 144- 12 -B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, the Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144 -24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street /road. Access to these parcels will be via the existing private 60 foot ingress /egress (Wincrest Drive) from Front Royal Pike (Route 522 South). PLANNING COMMISSION SUMMARY & RECOMMENDATION OF 2/20/13 Some members of the Commission had questions about whether additional development could occur at the rear of this property, which could potentially create traffic problems on Route 522. Staff noted the owner has by -right development rights under the B3 zoning and can fully develop the property with site plan approval. Staff pointed out the owner is simply requesting a waiver so they will not have to construct a public street. Staff noted that Wincrest Drive will still have to be built to private road standards with an asphalt environment. Members of the Planning Commission believed this waiver made sense for this particular site, since the owner can, by right, develop this property and traffic concerns will not be mitigated if the waiver is or is not granted. By a unanimous vote, the Planning Commission recommended the approval of the waiver of the public road requirement. The Planning Commission next recommended approval of allowing administrative approval authority for the two -lot subdivision, also by a unanimous vote. (Note: Commissioners Manuel and Oates abstained from discussion and voting.) Subdivision Request #06 -12, 300N, LLC February 21, 2013 Page 4 STAFF RECOMMENDATION FOR 02/27/13 BOARD OF SUPERVISORS MEETING In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144 -24C of the Frederick County Subdivision Ordinance. Section 144 -24C requires the use of public roads to access each lot. At their meeting on February 20, 2013, the Planning Commission unanimously recommended approval of the waiver of the public road requirement, and also recommended administrative approval authority for the two -lot subdivision. The Board is asked to consider two actions: • Action regarding the waiver of the public road requirement. • Action regarding administrative approval authority for two -lot subdivision. Oa �Q 64 A A3 64 A 6 I `48 A 26 64A7 -` � 64BA23 E Wna C=10 w sefv! � 1.a iF7 Note: SUB # 06- 12 Frederick County Dept of Planning & Development O Applications Request Q Parcels PI Ns: Winchester, VA 22601 540 - 665 - 5651 Building Footprints Map Created: January 31, 2012 131 (Business, Neighborhood District) Staff: mcheran B2 (Business, General Distrist) 330 660 Feet B3 (Business, Industrial Transition District) 4W EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) 4W MS (Medical Support District) dim OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 6'4 A A V .917 t fl 64 A 4B 64 A A4 �QQ3 r, 64 8 SA ow BUF�6�, 1.a Note: SUB # 06- 12 Frederick County Dept of Planning & Development 3OON LLC Subdivision 107 N Kent St Request Suite 202 10 PI Ns: Winchester, VA 22601 540 - 665 - 5651 64- 1 -Al Map Created: January 31, 2012 Staff: mcheran 165 330 660 Feet APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: i Application # b — %il}F? Yes o If no, ha MD equirement been waived by the Planning Director? Yes _[,,:�L If MDP requirement has not been waived, fill in the following public hearing dat s: Planning Commission: Board of Supervisors: ` Applicant/Agent: °, ' Address: Phone Number: ' S "I � W ! -� - ' ,4 ( Owner's Naive: J00 N , L L C. Address: P, () L P-� 6X 1 7 Phone Number: (s r34 -1 210 Please list names of all owners, principals, and /or majority stockholders: Contact Person: ►� i 7 Phone Number: `L° �� 7 f NAME OF SUBDIVISION: U) 0 e5- 'J Number of Lots: �` Total Acreage: Property Location: (Give State Route # and name, distance and direction from intersection) Magisterial District: " *tea. Property Identification Number (P.I.N.): ,q- ( - Al (Parent Tract) Property zoning and present use: ` a Oct = '-° q r Adjoining property zoning and use: _ lr��itf s r �1 L Has a Master Development Plan been submitted for this project? Yes ___ If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? YesNo If yes, specify what changes: Minimum Lot Size (smallest lot): o cu rs Number and types of housing units in this development: A) /A I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: .f% Date: /� /r .2 6 _/ 2 List of Adjoining Properties: The following names and addresses are all of the individuals, firms. or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number Address Name Shenandoah University 1460 University Drive Property # 64 (A) - A4 Winchester, Virginia 22601 NameWinchester Regional Airport 491 Airport Road Propert} 464- (A) -$$ Winchester, Virginia 22602 Name Tim Homan 3372 Hunting Ridge Road Pioperty #64B- (A) -20 Winchester, Virginia, 22603 Name BIII & Bill's Auto Service InC. 423 Front Royal Pike, Suite 1 Propert, # 64B- (A) -22 & 64B- (A) -26 Winchester, Virginia 22602 Name Regina H. Turner 421 Front Royal Pike Property # 64B- (A) -21 Winchester, Virginia 22602 NameAmerican Freightways P.O. Box 840 Property # 64 -(A) -6 Harrison, AR 72602 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 0:1Land Qse Applicatione kpplication Fo— Bou»dary Line Adjustment or Lot Consolidation application. wpd Revi s�2,I II 2 ;/�'1 GREYWQLFE, INC. 4 I I`' 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667 -2001 • (540) 545 -4001 FAX GREYWOLFEINC a@AOL.COM �r Frederick County Planning & Development November 13, 2012 Director of Planning 107 North Kent Street Winchester, VA 22603 Mr. Lawrence: On behalf of my client, I formerly request a waiver of the Master Development Plan requirement as allowed in the Frederick County Zoning Ordinance Chapter 165- 801.313 of tax parcel 64- (1 )-A1. The property does not include 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. The property 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. The property is not an integral portion of a property proposed or planned for future development or subdivision The property is planned to be developed in a manner that is harmonious with surrounding properties and land uses. The property development does not substantially affect the purpose and intent of this chapter. Thank you, Gar R. Oates, LS -B, PE President NOV 1 4 2012 r , COUNTY of FREDERICK t Department of Planning and Development 540/665 -5651 FAX: 5401665 -6395 January 2, 2013 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Re: MDP (Master Development Plan) Waiver Request 300 N LLC Zoning District: 133 (Industrial Transition Business); Shawnee Magisterial District Property Identification Number (PIN): 64 -1 -A1 Dear Gary: I am in receipt of your letter regarding a waiver to the requirements for a master development plan to enable the subdivision of parcel 64 -1 -A1, which consists of 6.67 acres, into two separate parcels (exhibit plat dated December 3, 20I2); the parcels will use the right-of-way known as Wincrest Drive for access to Route 522. The owner of this parcel is listed as 30ON LLC. Section 165- 801.03 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It does not extend any existing or dedicated street or change the layout of any existing street; it does not propose any stormwater management system designed to serve more than one lot; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. Prior to the subdivision of this property, the subdivision plats must be reviewed by Frederick County, including a public meeting for review by the Planning Commission and the Board of Supervisors. Please egntact me if you have any questions regarding this letter. r; �r Sincer6ly, Eric 1.. Lawrence, AICP Director, Department of Planning and Development ERL/bad cc: Mark R. Cheran, Zoning & Subdivision Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 FINAL PLAT OF SUBDIVISION OF TAX PARCEL 64-(I)-Al SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, DECEMBER 3, 2012 THE ABOVE AND FOREGOING SUBDIVISION SUR VEY OF THE LAND OF 300N, LLC, AS APPEARS ON THE A CCOMPANVINGPLAT, IS W17 THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE - AUTHORIZED REPRESENTATIVE OF 300N, LLC COMMONWEALTf/ OF VIRGINIA CITY /COUNTY OF ,' . titi� TO WIT. THE FOREGOING OJNNER S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 6 , Z0 U, BY• 3 aJ AJ L C L w^ -:, DAWN RJGH FRYE PRINTED OWNER �FNGTARYPUBLIC NOTARY PU9LIC 138923 COMMONWEALTH OFVAAGINIA sI MY GCJMM15SION EXPIRES AMUST 31, 2015 PRINTED NOTARYPUBLIC MY COMMISSION EXPIRES S' ' - 3 1 , aa S J1 //X77 REGISTRATION NnMRFa I HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS SUBDIVISION SURVEYIS THE LAND CONVEYED TO 300N, LLC, FROM MARK B. CALLAHAN, SUBSTITUTE TRUSTEE FOR VARDHAMAN, LLC, BY DEED OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT 110006700 DATED JULY 11, 1011. Zoned.' B -3 Zoned: B -3 FREDERICK COUNTYSUSDIVI5IONA STRATOR DATE D - P FREDERI OUNTY SANITATIO THORITY DATE 1p VIRGINIA D ARTMENT OF TRANSPORTATION DATE 1073 Redbud Road Gr e yWolf e, I nc. Winchester, VA Land Surveying and Consulting GreyWolfelrnc@aof.com 540 - 667- 2001OFC 540 -545 -4001 FAX 5 RTE 512 - FRONT ROYAL PIKE W. - R. 0. VARIES 1 /2 "IRF L._ - - -I� w _ "IRF WITH VDOT R, 0. W PLASTIC CAPS 64-(A)-A3 I SHENDOAH ZO _ / / O Viz/ IRF UNIVERSITY �•080007827 1'" IPF ZONED: 8 -2, B -3 Z( , USE. VACANT 010008065 ZONED: RA 645- (A) -20 U5E.' AUTO, o4ti T. E. HOMAN 0 N 23 °2253" E 648- (A) -26 ZONED: • RA A USE RES. ° 64- (I) -AI f ` BILL & BILLS AUTO f O 2294 AC. I N 06 0 40'05" W SERVICE, INC. 64B- (A) -21 �! 010008067 L•5 D50030303 ZONED: RA ZONED: 8 -1 USE. RES., t /z' IRF USE' AUTO ` 64 -(A) A INTO FOUR L 0 T PROPOSED TO EXTEND 648- (A) -22 THE RIGHT OF WAYACRO55 THEIR PROPERTY. THIS / BILL & BILLS AUTO 64- (I) -A2 I 5” TRIANGULAR °O 4.373 AC. J SERVICE, INC. 1 ti 5 RTE 512 - FRONT ROYAL PIKE W. - R. 0. VARIES 1 /2 "IRF L._ - - -I� w _ "IRF WITH VDOT R, 0. W PLASTIC CAPS 64-(A)-A3 I SHENDOAH ZO _ / / O Viz/ IRF UNIVERSITY �•080007827 1'" IPF ZONED: 8 -2, B -3 Z( , USE. VACANT 010008065 ZONED: RA o C9 U5E.' AUTO, o4ti 1-1 N 23 °2253" E 65,46' L -2 ° 64- (I) -AI f ` 241.14' f O 2294 AC. I N 06 0 40'05" W 38.60' 64B- (A) -21 r j ! 78 sr0„ R. H. TURNER L•5 D50030303 ZONED: RA m USE. RES., 566 °21'01 'E I 64 -(A) A INTO FOUR L 0 T PROPOSED TO EXTEND 1 „ THE RIGHT OF WAYACRO55 THEIR PROPERTY. THIS v I } ROAD DOES NOT MEET THE VIRGINIA SECONDARY 64- (I) -A2 I 5” TRIANGULAR °O 4.373 AC. J STONEFOUND 1 ti AND WILL NOT BE MAINTAINED 8Y THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR FREDERICK COUNTY. THIS ROAD IS NOT ELIGIBLE FOR ANY 64- (A) -88 FUNDS APPROPRIATED BY THE GENERAL ASSEMBL Y WINCHESrER REGIONAL AIRPORT AND ALLOCATED BY THE COMMONWEALTH OB 659 PG 175 TRANSPORTATION BOARD. PROPOSED 20' UTILITY ESMT FOR 64- (1) -A2 O • RAILROAD SPIKE FND. SUMMIT COM� NITY$ANK 100005431 ZONED' 8-2, 8 -3 USE: VACANT WINCREST DRIVE NOTE THIS PRIVATE RIGHT OF WAY WAS DEDICA 64-(A)-A4 SHENANDOAH UNIVERSITY 080007827 ZONED: 8 -2, B -3 USE' VACANT LINE BEARING LENGTH 1-1 N 23 °2253" E 65,46' L -2 N 66 1 2120" -W 241.14' L -3 N 06 0 40'05" W 38.60' L -4 N 54 °57 07" F TED IN L•5 D8 634 ON PG 51 FOR ALL ADJOINING PARCELS. 12,43' N 15-07 566 °21'01 'E 8YSHENANDOAHH UNIVERSITY FOR THE DIVISION OF 64 -(A) A INTO FOUR L 0 T PROPOSED TO EXTEND THE RIGHT OF WAYACRO55 THEIR PROPERTY. THIS v I } ROAD DOES NOT MEET THE VIRGINIA SECONDARY Zi J STREET ACCEPTANCE REQUIREMENTS NECESSARY FOR INCLUSION IN THE SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED 8Y THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR FREDERICK COUNTY. THIS ROAD IS NOT ELIGIBLE FOR ANY FUNDS APPROPRIATED BY THE GENERAL ASSEMBL Y AND ALLOCATED BY THE COMMONWEALTH TRANSPORTATION BOARD. 64-(A)-A4 SHENANDOAH UNIVERSITY 080007827 ZONED: 8 -2, B -3 USE' VACANT LINE BEARING LENGTH 1-1 N 23 °2253" E 65,46' L -2 N 66 1 2120" -W 241.14' L -3 N 06 0 40'05" W 38.60' L -4 N 54 °57 07" F 25.54' L•5 N 14 °4326" W 12,43' L -6 566 °21'01 'E 177,63' ZONED: RA \ \ \ \ # RADIUS ARC DELTA BEARING CHORD USE. AIRPORT Q C 1 577,77" 198.04' 19 °3821" S76 °1011' "E 19207' \ /z "IRF � GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED, EASEMENTS OR OTHER ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. 2. BASIS OF MERIDIAN IS PLAT OF RECORD AT INSTRUMENT 060021845, 3, THESE PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAPS 1110. 51 D69CO200D IN FLOOD ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 01% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE DB = DEED BOOK O = PROPERTY CORNER FOUND IRF = IRON ROD FOUND O = PROPERTY CORNER SET IRS = IRON ROD SET 5 18 "X 24 'REBAR WITH PG = PAGE 200' 0' 200' YELLOW PLASTIC CAP RES, = RESIDENTIAL R. 0. W. = RIGHT OF WAY GRAPHIC SCALE FINAL PLAT OF o���PLSH OFL SUBDIVISION OF TAX PARCEL 64- (I)-AI / r � ,SHAWNEE MAGISTERIAL DISTRICT O 2 G R�R, OBIT S p FREDERICK COUNTY, VIRGINIA Lic, No. 1518 -B 1 1u 1073 Redbud Road K4: i24-6,1), _ GreyWolfe, I nc. Winchester, VA 22603 SUP,*.j �' Land Surveying and Consulting GreyWolfelnc@vaol.com 540 -667 -2001 OFC 540 -545 -4001 FAX FILE NO: 0346 1 DATE: DECEMBER 3, 2012 SCALE: 1 " =200' 1 SHEET 2 OF 2 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM FAX: 540/665 -6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner' Subject: Discussion --- Private Streets in the R5 Zoning District Date: . February 20, 2013 Staff has received a request to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) Zoning District. Currently, the use of private streets in the R5 District is only permitted within age - restricted communities and only if approved by the Board of Supervisors. The age - restricted private street allowance was added into the R5 Zoning District in 2000, along with a number of other revisions that were requested by Dogwood Development Group (prior owner of the Shenandoah Development (Wheatlands)). The changes in 2000 were approved to allow increased flexibility and alternative designs in the R5 District while recognizing that an age - restricted development would have a reduced impact on capital facilities. Prior to the adoption of the age - restricted private street allowance, the use of public streets was mandatory for all new developments in the R5. This amendment proposes to allow the use of private streets within all developments in the R5 District, but would still require Board of Supervisors approval. It should be noted that this text amendment has the potential to modify communities previously approved (not proffered) as age - restricted and could introduce dwelling units that accommodate all ages and, therefore, the impacts on the County's school system should be considered with this amendment. Staff has attached a drag ordinance revision that includes the amendments requested by the applicant along with additional text amendments that pertain to the expanded use of private streets within the R5 District. This item was discussed by the DRRC at their October 2012 meeting; the DRRC had minor changes to the proposed text. The changes were emailed to the DRRC and they endorsed the revised text and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on December 4, 2012; there were no comments and the item was forwarded to the Board of Supervisors for consideration. The Board of Supervisors discussed this item on December 12, 2012 and forwarded the amendment to the Public Works Committee and the Transportation Committee to gather their input on the amendment. The Public Works Committee discussed the amendment at their meeting on January 29, 2013; the Committee expressed concerns about the significant impact the revised development would have on county services; concern was expressed regarding the future maintenance of the private roads, and it was suggested that the ordinance amendment be revised to require a certain percentage of the development be restricted to age restricted to offset the potential impact to county services. 107 North Dent Street, Suite 202 d Winchester, Virginia 22601-5000 Frederick County Board of Supervisors RE: Private Streets in the R5 Zoning District February 20, 2013 Page 2 The Transportation Committee discussed the amendment at their meeting on February 19, 2013; there were no comments received, and the Committee recommended the proposed amendment be forwarded to the Board of Supervisors (without a recommendation) for further consideration. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution CEP /dlw ATTACHMENT 1 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 502 — R5 Residential Recreational Community District § 165 - 502.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Wher age restric -ted When communities are approved with private streets, a minimum of 45% of open space shall be required. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qua as ^^ age r^r' +Y ;^ +^PJ eemmuRity, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that all road sections meet the minimum thickness based on the Virginia Department of Transportation pavement design standards and all storm sewer, signage, guardrails, and any other accessory features shall be designed following the VDOT Manual of Road and Bridge Standards Street ^ ^f^..,., +^ the ^ ^� +�„ ^ +; ^^ ^ + ^� ^^ ,,.,-, +^�; ^'� of the Vi giRia DepaFtmeR+ ef and that a program for the perpetual maintenance of all streets by the property owner's association is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets sh all permitted 1 ^ age FestFiete ^^pl shall be identified on a MDP as follows: [1] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right -of -way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right -of -way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right -of -way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at ATTACHMENT 1 the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right -of -way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. (b) Developments utilizing private streets shall meet the following conditions: ( 11 The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and VDOT have no, and will have no, responsibility for the maintenance, repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association ". (21 The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development. The reserve fund shall consist of a specified Percentage of all dues collected from the residents as determined by the developer. The percentage may be reduced by the developer or the property owner's association only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. 131 Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets. (2) Within R -5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. ATTACHMENT 1 (3) Within developments utilizing private streets, a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials used, the adequacy of the subgrade; the installation of drainage structures, curb and gutter and all concrete items; and all road, driveway and parking area construction activities, including material compaction, grading tolerances and compliance with the plans and specifications. Prior to issuance of the last certificate of occupancy, the certified professional engineer, licensed in the State of Virginia, shall provide the county with certification that each phase of construction met density requirements; that all material depths were verified for compliance, and that the road and parking areas have been constructed in strict accordance with the plans and specifications. L. Curb and gutter. All public and private streets shall be provided with curb and gutter. Action: BOARD OF SUPERVISORS: February 27, 2013 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 502 R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT 165 - 502.05 DESIGN REQUIREMENTS WHEREAS, the Frederick County Planning Department has been directed to prepare changes to Chapter 165 Zoning, to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 5, 2012; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 12, 2012; and WHEREAS, the Public Works Committee discussed the proposed changes at their meeting on January 29, 2013; and WHEREAS, the Transportation Committee discussed the proposed changes at their meeting on February 19, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to allow the use of private streets for all types of developments in the R5 (Residential Recreational Community) District. Passed this 27th day of February, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator