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March_27_2013_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 27, 2013 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:00 P.M. — Millbrook High School Service Learning Presentation 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: G.) Public Hearing 1. Fiscal Year 2013 -2014 Budget. (See Attached) ------------------------------ - - - - -- A Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) 1. Regular Meeting, March 13, 2013. County Officials J :3 1. Employee of the Month Award. (See Attached) ------------------------------ - - - - -- C AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 27, 2013 PAGE 2 2. Committee Appointments. (See Attached) -- WE 3. Request from Commissioner of the Revenue for Refund. (See Attached) - -- E 4. Expense Recovery Memorandum of Understanding. (See Attached) -- - - - - -- F Committee Reports 1. Human Resources Committee. (See Attached) A 2. Code and Ordinance Committee. (See Attached) --------------------------- - - - - -- H 3. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- 4. Finance Committee. (See Attached) --------------------------------------------- - - - - -- J Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn fk NOTICE OF PUBLIC HEARING FREDERICK COUNTY, VIRGINIA The Board of Supervisors of Frederick County invite comments on the Proposed Budget for the fiscal year ending June 30, 2014. Verbal comments may be presented at the Public Hearing scheduled at: 7:00 p.m., Wednesday, March 27, 2013 at County Administration Office Building For the purpose of the public hearing on March 27, 2013, written comments may be mailed to the Office of the County Administrator, 107 North Kent Street, Winchester, Virginia 22601, or may be presented to the Board at its public hearing. Anyone wishing to address the Board on March 27, 2013, is encouraged to call the County Administrator's office (665 -5600) and have their name placed on a speaker list. The following synopsis of the budget is published for information and planning purposes only. No money shall be paid out or become available to be paid out for any contemplated expenditure unless and until there has first been made an appropriation by the Board of Supervisors. PROPOSED FY 2013 -2014 BUDGET ADOPTED PROPOSED DIFFERENCE 2012 -2013 2013 -2014 GENERAL OPERATING FUND: Revenue 122,884,304 128,724,407 5,840,103 Non - Revenue 4,300,000 4,300,000 0 TOTAL REVENUE - GENERAL OPERATING FUND 127,184,304 133,024,407 5,840,103 GENERAL OPERATING FUND: Expenditures 51,161,324 52,869,263 1,707,939 Transfer to Adult Detention Center 3,981,493 4,755,887 774,394 Transfer to Airport Operating 16,874 45,785 28,911 Transfer to School Operating 57,398,462 60,727,321 3,328,859 Transfer to School Debt 14,626,151 14,626,151 0 TOTAL EXPENDITURES - GENERAL OPERATING FUND 127,184,304 133,024,407 5,840,103 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FUND: Revenue 12,391,303 13,138,066 746,763 Non - Revenue 1,007,389 521,421 - 485,968 Transfer from General Operating Fund 3,981,493 4,755,887 774,394 TOTAL REVENUE - NRADC FUND 17,380,185 18,415,374 1,035,189 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FUND: Expenditures 17,380,185 18,415,374 1,035,189 FREDERICK - WINCHESTER LANDFILL FUND: Revenue 5,389,448 5,306,260 - 83,188 Non - Revenue 2,836,732 1,320,360 - 1,516,372 TOTAL REVENUE - LANDFILL FUND 8,226,180 6,626,620 - 1,599,560 FREDERICK - WINCHESTER LANDFILL FUND: Expenditures 8,226,180 6,626,620 - 1,599,560 DIVISION OF COURT SERVICES FUND: Revenue 572,074 600,489 28,415 Non - Revenue 16,735 0 - 16,735 TOTAL REVENUE - DIV. OF COURT SERVICES FUND 588,809 600,489 11,680 DIVISION OF COURT SERVICES FUND: Expenditures 588,809 600,489 11,680 SHAWNEELAND SANITARY DISTRICT FUND: Revenue 664,470 664,470 0 Non - Revenue 102,232 185,080 82,848 TOTAL REVENUE - SHAWNEELAND SANITARY DISTRICT FUND 766,702 849,550 82,848 SHAWNEELAND SANITARY DISTRICT FUND: Expenditures 766,702 849,550 82,848 AIRPORT OPERATING FUND: Revenue 3,142,854 2,229,694 - 913,160 Non - Revenue 0 23,359 23,359 Transfer from General Operating Fund 16,874 45,785 28,911 TOTAL REVENUE - AIRPORT OPERATING FUND 3,159,728 2,298,838 - 860,890 AIRPORT AUTHORITY OPERATING FUND: Expenditures 3,159,728 2,298,838 - 860,890 LAKE HOLIDAY SANITARY DISTRICT FUND: Revenue 0 773,099 773,099 Non - Revenue 0 347,227 347,227 TOTAL REVENUE - LAKE HOLIDAY SANITARY DISTRICT FUND 0 1,120,326 1,120,326 LAKE HOLIDAY SANITARY DISTRICT FUND: Expenditures 0 1,120,326 1,120,326 SCHOOL OPERATING FUND: Revenue 73,139,104 73,272,722 133,618 Non - Revenue 663,949 0 - 663,949 Transfer from School Debt Service Fund 705,484 0 - 705,484 Transfer from General Operating Fund 57,398,462 60,727,321 3,328,859 TOTAL REVENUE - SCHOOL OPERATING FUND 131,906,999 134,000,043 2,093,044 SCHOOL OPERATING FUND: Expenditures 131,485,299 133,578,535 2,093,236 Transfer to Textbook Fund 421,700 421,508 -192 TOTAL EXPENDITURES- SCHOOL OPERATING FUND 131,906,999 134,000,043 2,093,044 SCHOOL CAPITAL PROJECTS FUND: Non - Revenue 100,000 100,000 0 Transfer from School Debt Service Fund 267,115 1,082,640 815,525 TOTAL REVENUE - SCHOOL CAPITAL PROJECTS FUND 367,115 1,182,640 815,525 SCHOOL CAPITAL PROJECTS FUND: Expenditures 367,115 1,182,640 815,525 SCHOOL NUTRITION SERVICES FUND: Revenue 5,116,744 5,008,987 - 107,757 Non - Revenue 1,658,107 1,115,940 - 542,167 TOTAL REVENUE - SCHOOL NUTRITION SERVICES FUND 6,774,851 6,124,927 - 649,924 SCHOOL NUTRITION SERVICES FUND: Expenditures 6,774,851 6,124,927 - 649,924 SCHOOL DEBT SERVICE FUND: Revenue Non - Revenue Transfer from General Operating Fund TOTAL REVENUE - SCHOOL DEBT SERVICE FUND SCHOOL DEBT SERVICE FUND: Expenditures Transfer to School Operating Fund Transfer to School Capital Projects Fund TOTAL EXPENDITURES - SCHOOL DEBT SERVICE FUND SCHOOL TRUST FUNDS: Revenue TOTAL REVENUE- SCHOOL TRUST FUNDS 297,500 297,500 0 0 31,050 31,050 14,626,151 14,626,151 0 150 150 0 14,923,651 14, 954, 701 31,050 13,951,052 13,872,061 - 78,991 705,484 0 - 705,484 267,115 1,082,640 815,525 14,923, 651 14, 954, 701 31,050 16,100 16,100 0 16,100 16,100 0 SCHOOLTRUST FUNDS: 4,509,295 113,869 220,044 Expenditures 15,950 15,950 0 Transfer to Textbook Fund 150 150 0 TOTAL EXPENDITURES- SCHOOL TRUST FUNDS 16,100 16,100 0 SCHOOL TEXTBOOK FUND: Revenue 775,865 760,521 - 15,344 Non - Revenue 1,097,562 976,250 - 121,312 Transfer from School Operating Fund 421,700 421,508 -192 Transfer from School Trust Funds 150 150 0 TOTAL REVENUE- SCHOOL TEXTBOOK FUND SCHOOL TEXTBOOK FUND: Expenditures 2,295,277 2,158,429 - 136,848 2,295,277 2,158,429 - 136,848 NREP OPERATING FUND: Revenue Non- Revenue TOTAL REVENUE - NREP OPERATING FUND NREP OPERATING FUND: Expenditures Transfer to NREP Textbook Fund TOTAL EXPENDITURES - NREP OPERATING FUND NREP TEXTBOOK FUND: Non - Revenue Transfer from NREP Operating Fund TOTAL REVENUE - NREP TEXTBOOK FUND NREP TEXTBOOK FUND: Expenditures CONSOLIDATED SERVICES FUND: Revenue 4,395,426 4,509,295 113,869 220,044 310,567 90,523 50,000 50,000 0 4,615,470 4,819,862 204,392 4,605,470 4,809,862 204,392 10,000 10,000 0 4,615,470 4,819,862 204,392 40,000 40,000 0 10,000 10,000 0 50,000 50,000 0 50,000 50,000 0 0 3,100,000 3,100,000 TOTAL REVENUE - CONSOLIDATED SERVICES FUND CONSOLIDATED SERVICES FUND: Expenditures TOTAL REVENUE - ALL FUNDS Less Transfers Between Funds NET REVENUE - ALL FUNDS TOTAL EXPENDITURES - ALL FUNDS Less Transfers Between Funds NET EXPENDITURES - ALL FUNDS 0 3,100,000 3,100,000 0 3,100,000 3,100,000 318, 255, 371 329, 342, 306 11,086,935 77,427,429 81,669,442 4,242,013 240,827,942 247,672,864 6,844,922 318,255,371 329,342,306 11,086,935 77,427,429 81,669,442 4,242,013 240,827,942 247,672,864 6,844,922 PROPOSED TAX RATES Property Taxes - Rates per $100 of assessed value Real Estate $0.585 Personal Property $4.86 Qualifying Personal Property for Volunteer Firefighters $2.25 Antique Vehicles $0.00 Mobile Homes $0.585 Aircraft $0.01 Business Equipment $4.86 Machinery and Tools $2.00 Contract Carrier Classified Vehicles $2.00 Machinery and Tools and Contract Carrier Classified Vehicles are assessed on declining values based on acquisition year, as follows: Year Assessment Ratio 1 60% 2 50% 3 40% 4 and all subsequent years 30% Vehicle License Taxes Vehicles other than motorcycles $25 each Motorcycles $10 each Business and Professional Occupational License Taxes Contracting, and persons constructing for their own account for sale $0.16 per $100 of gross receipts Retail sales $0.20 per $100 of gross receipts Financial, real estate, and professional services $0.58 per $100 of gross receipts Repair, personal, and business services $0.36 per $100 of gross receipts Wholesale merchants $0.05 per $100 of purchases All other Business and Professional Occupational License Taxes will remain unchanged, all as currently set forth in Articles XVI, XVII, and XVIII of Chapter 155 of the County Code. Meals Tax - 4% of gross receipts Transient Occupancy Tax - 2% of gross receipts Shawneeland Sanitary District Taxes Unimproved Lots $180 per lot Improved Lots $530 per lot Unimproved - External Users $180 per lot Improved - External Users $530 per lot Lake Holiday Sanitary District Taxes Buildable Lots $678 per lot Unbuildable Lots $264 per lot Star Fort Subdivision Taxes /Fees - $60 per lot Street Light Fees - Oakdale Crossing, Green Acres, and Stephens City - $60 Annually Sanitary Landfill Fees Commercial /Industrial $45 per ton Construction Demolition Debris $42 per ton Municipal Solid Waste $12 per ton Municipal Sludge $28 per ton All other taxes and fees imposed by Frederick County will remain unchanged, all as currently set forth in the County Code, otherwise previously adopted by the Board of Supervisors, or authorized pursuant to state law. CHERYL B. SNIFFLER FINANCE DIRECTOR FREDERICK COUNTY, VIRGINIA FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING March 13, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 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; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code Section 2.2- 3711 A (3) and (7), for discussion and/or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real estate, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and for consultation with legal counsel and /or briefings by staff pertaining to the litigation matter Baber v. County of Frederick, Virginia, currently pending in the United States District Court for the Western District of Virginia, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the County. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S, DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified to best of each board member's knowledge the Board discussed only matters involving the acquisition/disposition of real property and legal matters specifically, discussion and/or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real estate, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and for consultation with legal counsel and/or briefings by staff pertaining to the litigation matter Baber v. County of Frederick, Virginia, currently pending in the United States District Court for the Western District of Virginia, where consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the County, pursuant to Virginia Code Section 22-3711 A (3) and (7). 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 2 Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board of Supervisors approved settlement of the case of Baber v. County of Frederick, currently pending in the United States District Court for the Western District of Virginia, and authorized the County Attorney and retained counsel to prepare appropriate settlement documents, consistent with the payment of $115,460.73 to the plaintiffs and their counsel, plus applicable taxes, and authorized the County Administrator to execute such documents. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DcHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board of Supervisors appropriated the sum of $135,062.23, to pay sums due according to the agreement to settle the case of Baber v. County of Frederick, currently pending in the United States District Court for the Western District of Virginia, to pay corresponding sums to those Sheriff's Deputies who previously entered into releases of claims under the gap pay statute, and to pay all applicable taxes on such payments. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised there were no changes to the agenda. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the agenda as presented. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board, Administrator Riley: I was able to attend most of the Budget Work Session held on February 27, 2013. The minutes of which you approved tonight. Administrator Riley presented a well documented proposal of the revenues & expenditures anticipated for the FY 2014. Two items that caught my attention were the anticipated increases in Health Insurance Costs & the Merit Pay Salary Increases for the County employees. The budget scenarios presented to address these items, both included increases to the Budget. I would like to remind you that these same two items, increased Health insurance costs & the lack of salary increases are affecting the taxpayers in Frederick County. With the large surplus last year & another anticipated surplus, I would hope that you could assist the taxpayers & alleviate some of this burden. I would remind you of the numerous citizen petitions provided, asking you to return our property taxes back to the $.545 rate where it was before these large surplus funds came into the County coffers, All of us continue to struggle in this economy & we need a balanced approach. Attempt to help our County employees, but do notforget the taxpayer. Thank you for allowing me to address the board. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINU'T'ES - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the minutes from the February 27, 2013 Revenue Recovery (Fee for Service) Work Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Hess, seconded by Supervisor DeHaven, the Board approved the minutes from the February 27, 2013 Budget Work Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the minutes from the February 27, 2013 Regular Meeting. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS E APPOINTMENT OF LINDA MARTENSEN AS MEMBER -AT -LARGE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board appointed Linda Martensen as Member -At -Large to the Social Services Board. This is a four year appointment. Term expires March 9, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF BRIAN MADAGAN AS OPEOUON DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED PP VED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board reappointed Brian Madagan as Opequon District representative to the Planning Commission. This is a four year appointment. Term expires April 7, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF LAWRENCE R. AMBROGI AS SHAWNEE DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed Lawrence R. Ambrogi as Shawnee District representative to the Planning Commission. This is a four year appointment. Term expires April 28, 2017. 6 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF ELIZABETH B. FRAVEL AS OPEQUON DISTRICT REPRESENTATIVE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, the Board reappointed Elizabeth B. Fravel as Opequon District representative to the Historic District Resources Advisory Board. This is a four year appointment. Term expires April 26, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS JOINT FINANCE COMMITTEE - APPROVED The Joint Finance Committee met on Wednesday, February 27, 2013 at 8:00 A. M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman Richard Shickle and Bill M. Ewing, Frederick County representatives; and John Willingham, and Milt Mclnturff, City of Winchester representatives. Others present: John R. Riley, Jr„ County Administrator; Jay E. Tibbs, Deputy County Administrator; Dale Iman, City Manager; Roderick B. Williams, County Attorney, Anthony Williams, City Attorney; Mary Blowe, Finance Director, City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Douglas Hewett, Assistant City Manager; and Matt Armstrong, The Winchester Star. Mr. Shickle called the meeting to order. ** *Far Board Action * ** MEMORANDUMS OF UNDERSTANDING FOR JOINT PROJECTS - APPROVED The committee reviewed the draft Memorandums of Understanding regarding the Joint Judicial Center, Economic Development Commission, and the Convention and Visitors' Bureau (a.k.a. Tourism Board). It was noted the annual contribution amount contained in the Convention and Visitors' Bureau should be $100,500 per locality. Mr. Iman noted the Memorandum of Understanding for the Economic Development Commission needed to provide for the recognition of the Winchester EDA and the EDA Director. A revised Memorandum of Understanding will be brought back to the Joint Finance Committee for consideration. In addition, the committee reviewed a Memorandum of Understanding terminating the joint funding relationship as it relates to the funding allocation for the Old Frederick County Courthouse Civil War Museum, George Washington's Headquarters, Stonewall Jackson's Headquarters, and Abrams Delight. Under the termination MOU, each locality shall serve as the fiscal agent for the respective museum(s) for which it owns the real property, which reflects the current practice. Upon a motion by Mr. Willingham, seconded by Mr. Ewing, the committee recommended approval of the Memorandums of Understanding for the Joint Judicial Center, the Convention and Visitors' Bureau, with the noted amendment, and Museums. (See attached.) Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the memorandums of understanding for the Joint Judicial Center and the Winchester- Frederick County Convention and Visitors' Bureau (aka Tourism Board). MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: JUDICIAL CENTER I. PURPOSE The County of Frederick and the City of Winchester are entering into this Memorandum of Understanding (MOU) to determine the funding allocation for the Winchester - Frederick County Joint Judicial Center. This MOU shall supersede all existing agreements effective July 1, 2012. 11. FUNDING Funding contributions shall be on a 50 % -50% basis between Frederick County and the City of Winchester, subject to annual appropriation. Funding requests for the ensuing fiscal year shall be submitted to each jurisdiction no later than December 1 of each year. Notification of proposed appropriation shall be given to each jurisdiction no later than May 1 of each year. III. FISCAL AGENT The City of Winchester shall serve as the fiscal agent for the undertaking(s) covered by this MOU. The term of this MOU shall be July 1 through June 30 of each fiscal year. Unless otherwise terminated as herein provided, this agreement shall automatically renew and continue in full force and effect from year to year unless terminated by either party in such manner and at such time as hereinafter provided for terminations. V. TERMINATION This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided. Upon termination of this MOU, the parties shall mutually agree as to the disposition of the personal property of the operation and of any jointly owned real property of the operation. BLYA 101 p ►Ci7 013 .I1].li�o_a & f1X*NXQ[1k" In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. Given under my hand this day of , 2013 on behalf of the City of Winchester, Virginia. Dale Iman, City Manager for the City of Winchester, VA Given under my hand this day of , 2013 on behalf of the County of Frederick, VA John R. Riley, Jr., County Administrator for the County of Frederick, VA MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHES'T'ER JOINT AGREEMENT RE: WINCHESTER - FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU I. PURPOSE The County of Frederick and the City of Winchester are entering into this Memorandum of Understanding (MOU) to determine the funding allocation for the Winchester - Frederick County Convention and Visitors' Bureau. This MOU shall supersede all existing agreements effective July 1, 2012. II. FUNDING Each jurisdiction shall contribute $100,500.00 each to fund the operations of the Convention and Visitors' Bureau. Contributions shall be on a 50 % -50% basis between Frederick County and the City of Winchester, subject to annual appropriation, based on the smaller appropriation of each locality. Funding requests for the ensuing fiscal year shall be submitted to each jurisdiction no later than December 1 ' of each year. Notification of proposed appropriation shall be given to each jurisdiction no later than May 15t of each year. III. FISCAL AGENT The City of Winchester shall serve as the fiscal agent for the undertaking(s) covered by this MOU. IV. REPRESENTATION Representation on the Winchester - Frederick County Convention and Visitors' Bureau shall be apportioned as stated in the Bureau's by -laws. Members shall be appointed jointly by the Frederick County Board of Supervisors and the Winchester City Council. 1'A[� IN N The term of this MOU shall be July 1 through June 30 of each fiscal year. Unless otherwise terminated as herein provided, this agreement shall automatically renew and continue in full 10 force and effect from year to year unless terminated by either party in such manner and at such time as hereinafter provided for terminations. VI. TERMINATION This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided. Upon termination of this MOU, the parties shall mutually agree as to the disposition of the personal property of the operation and of any jointly owned real property of the operation. VII. EVIDENCE OF AUTHORITY TO EXECUTE In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. Given under my hand this day of , 2013on behalf of the City of Winchester, Virginia. Dale Irnan, City Manager for the City of Winchester, VA Given under my hand this day of , 2013 on behalf of the County of Frederick, VA John R. Riley, Jr., County Administrator for the County of Frederick, VA 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the termination memorandum of understanding regarding Museums. MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: MUSEUMS I. PURPOSE The County of Frederick and the City of Winchester are entering into this Memorandum of Understanding (MOU) to terminate the Memorandum of Understanding between the County of Frederick (the "County ") and the City of Winchester (the "City ") approved by the City on December 13, 1994 and by the County on December 14, 1994 as it relates to the funding allocation for the Old Frederick County Courthouse Civil War Museum, George Washington's Headquarters, Stonewall Jackson's Headquarters, and Abrams Delight. This MOU shall supersede all existing agreements effective July 1, 2011. II. FUNDING Commencing July 1, 2011, funding for the museums shall no longer be on a shared funding basis. Each of the museums shall be subject to such funding as is made available by the entity that owns the respective museum's real property. III. FISCAL AGENT Each locality shall serve as the fiscal agent for the respective museum(s) for which it owns the real property. IX. EVIDENCE OF AUTHORITY TO EXECUTE In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. Given under my hand this day of , 2013 on behalf of the City of Winchester, Virginia, Dale Iman, City Manager for the City of Winchester, VA 12 Given under my hand this day of , 2013 on behalf of the County of Frederick, VA John R. Riley, Jr., County Administrator for the County of Frederick, VA The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr Robert A. Hess Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *For Information Only * ** COURTHOUSE RENOVATIONS/RFP UPDATE /SPACE NEEDS Winchester City Manager Dale Iman provided a brief overview of the January 2, 2013 meeting with Judge Wetsel regarding the project and the actions taken to date to get staff input regarding space needs, etc. He advised a draft RFP would be provided to Mr. Riley for his review next week. If both localities were in agreement with the RFP then funding would be solicited. GENERAL DISTRICT AND JUVENILE & DOMESTIC RELATIONS COUR'T'S EMPLOYEE SUBSIDY REQUEST The committee received a request from the clerks of the Winchester/Frederick County General District Courts and Juvenile Domestic Relations Court for salary supplements for their staff. The clerks noted there were positions within the departments that were behind the city and county employee with regard to salary. They noted both courts were understaffed. The General District Court has a total of 11 full -time employees and the Juvenile District Relations Court has 8 full -time employees. The joint request totaled $45,600 or $22,800 per locality. The committee discussed this request at length. There were numerous issues: - What is the fiscal impact to the localities? - The City currently does not currently subsidize the salaries of court employees. - Which locality would administer this subsidy, if it were to be approved? - Would the employees become county or city employees? The committee had compassion for the employees, but needed additional information. Upon a motion by Mr. Ewing, seconded by Mr. Willingham, the committee denied the request and asked that it be resubmitted next year for reconsideration. (See attached.) 13 LIBRARY FUNDING FOR FY 2014 City Manager Iman stated the library director advised him that the City fully funded the library in the current fiscal year, but Frederick County and Clarke County did not and the City was not notified. He asked what the county's intent was for the upcoming fiscal year regarding library funding. County Administrator John R. Riley, Jr. responded that the county level funded based on the Board of Supervisors' policy over the past few years of no operating increase. He noted this year the library requested $850,000, which is more than they were funded in FY 2013, Finance Director Cheryl Shiffler stated Frederick. County would know in March the amount of funding for the library. City Manager Iman asked that the information be communicated when that decision is made. OUTSIDE AGENCY FUNDING DISCUSSIONS The committee discussed how each locality addresses funding requests from outside agencies. Administrator Riley advised that Frederick County provides funding through the General Fund. He went on to say the county has not funded any new agencies. City Manager Iman advised that Winchester was reviewing its process for funding outside agencies. One avenue included the possible use of Community Development Block Grant funding to serve as seed money for a few years, after which time, the funding would be reduced and the agencies should be self-sustaining. (See attached.) There being no further business, the meeting was adjourned at 9:00 a.m. PUBLIC HEARING TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF GROVE'S WINCHESTER HARLEY- DAVIDSON. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENTAL; FEE; PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF WINCHESTER HARLEY-DAVIDSON, 140 INDEPENDENCE DRIVE WINCHESTER VIRGINIA. PROPERTY OWNED BY JOBALIE LLC. -APPROVED Administrator Riley advised this was a request for a 12 month permit for Grove's Winchester Harley - Davidson. All events will be held on the grounds of Winchester Harley - Davidson, 140 Independence Drive, Winchester, Virginia. Property owned by Jobalie, LLC. 14 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board approved the twelve month permit for Grove's Winchester Harley - Davidson, Supervisor Fisher advised the events were well run and well done. There being no further discussion, 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye OUTDOOR FESTIVAL PERMIT REOUEST OF CINDY FAHNESTOCK SCHAFER AND WAYNE SCHAFER_-- "HOGGING UP BBQ FESTIVAL". PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS; SECTION 86 -3 PERMIT REQUIRED; APPLICATION• ISSUANCE OR DENIAL; FEE FOR AN OUTDOOR FESTIVAL PERMIT'. FESTIVAL TO BE HELD FRIDAY THRU SUNDAY ' JUNE 28-30,2013, FROM 4:00 P.M. TO 11:00 P.M. ON FRIDAY, JUNE 28; 10:00 A.M. TO 11:00 P.M. ON SATURDAY JUNE 29; AND 10:00 A.M. TO 6:00 P.M. ON SUNDAY JUNE 30 2013 ON THE GROUNDS OF THE FREDERICK COUNTY FAIRGROUNDS 167 FAIR GROUND ROAD, (ROUTE 11 NORTH), CLEARBROOK, VIRGINIA. PROPERTY OWNED BY FREDERICK COUNTY FAIR. - APPROVED Administrator Riley advised this was an outdoor festival permit request for the Hogging Up BBQ Festival. The event will be held Friday through Sunday, June 28 -30 2013 on the grounds of the Frederick County Fairgrounds property owned by the Frederick County Fair. Chairman Shickle convened the public hearing. There were no public comments. 15 Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the outdoor festival permit request contingent upon the applicant meeting the state, federal, and local requirements, which are still pending. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye THE BOARD OF SUPERVISORS WILL CONDUCT A PUBLIC HEARING ON THE DECLARATION AS SURPLUS AND DISPOSAL OF ITS INTEREST IN REAL PROPERTY LOCATED AT 31.7 S. CAMERON STREET WINCHESTER VIRGINIA, IDENTIFIED AS CITY OF WINCHESTER PROPERTY IDENTIFICATION NUMBER 193- 1 -K -14. THE PURPOSE OF THE HEARING IS TO RECEIVE PUBLIC COMMENT ON THE DECLARATION OF PROPERTY AS SURPLUS AND APPROVAL OF THE SALE OF THE PROPERTY TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER PER THE TERMS OF THE PURCHASE AND SALE AGREEMENT DATED FEBRUARY 13 2013. - APPROVED Administrator Riley advised this was a public hearing on the declaration as surplus and approval of the sales agreement for the property located at 317 S. Cameron Street in the City of Winchester. He went on to say the County would be conveying its one -half interest in the property to the Economic Development Authority of the City of Winchester. The sale price is $215.087.00. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. 16 Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the resolution approving declaration as surplus property and conveyance of 317 S. Cameron Street, Winchester, VA, to the Economic Development Authority of the City of Winchester, Virginia. WHEREAS, the County of Frederick, Virginia, and the Economic Development Authority of the City of Winchester, Virginia, are joint owners of real property with improvements located at 317 S. Cameron Street, Winchester, Virginia, identified as City of Winchester property identification number 193 - a -K -14; and WHEREAS, said property was formerly occupied by the Frederick County Division of Court Services and the Winchester /Frederick County Detoxification Center; and WHEREAS, the Frederick County Division of Court Services has relocated its offices and the Winchester /Frederick County Detoxification Center is no longer in operation, said property is currently vacant; and WHEREAS, the Economic Development Authority of the City of Winchester, Virginia, has approached Frederick County about acquiring the County's interest in said real property and has submitted a contract to purchase same; and WHEREAS, there have been no other offers to purchase said real property presented; and WHEREAS, the Board of Supervisors conducted a public hearing on the declaration as surplus and conveyance of 317 S. Cameron Street, Winchester, Virginia, to the Economic Development Authority of the City of Winchester, Virginia, at their March 13, 2013 meeting. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Frederick, Virginia hereby declares the real property and improvements located at 317 S. Cameron Street, Winchester, Virginia, identified as City of Winchester Property Identification Number 193- 1 -K -14 to be surplus property; and BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, approve the sale of the property to the Economic Development Authority of the City of Winchester, Virginia, per the terms of Purchase Agreement dated February 13, 2013; and BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to take all necessary actions to execute the conveyance of Frederick County's interest in the property to the Winchester Economic Redevelopment Authority. ADOPTED this 13` day of March, 2013. The above motion was approved by the following recorded vote: 17 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye THE BOARD OF SUPERVISORS WILL CONDUCT A PUBLIC HEARING ON THE EXCHANGE OF THE INTEREST OF THE SHAWNEELAND SANITARY DISTRICT IN REAL PROPERTY IDENTIFIED AS TAX PARCEL NUMBERS 491103- 124 -6, 491103- 124 -7, 49803- 124 -5, 491103124 -9, AND 491103 - 124 -10 (ALL LOCATED IN THE SHAWNEELAND_ SUBDIVISION) WITH CHW PARTNERSHIP, A VIRGINIA PARTNERSHIP, FOR REAL PROPERTY IDENTIFIED AS TAX PARCEL NUMBER 491103- 123 -265, 49B03 -123 -266, 49B03- 123 -282 49B03- 123 -283 AND 491103- 123 -284 ALL LOCATED IN THE SHAWNEELAND SUBDIVISION). THE PURPOSE OF THE PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED EXCHANGE OF THE INDICATED REAL PROPERTY. - APPROVED County Attorney Rod Williams advised this was an exchange of lots, live lots for five lots. The lots owned by CHW are located in an inaccessible portion of the Shawneeland Sanitary District. The proposed exchange of lots would keep the sanitary district from having to build a road. He concluded by saying staff would ensure the real estate taxes are paid prior to closing. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the exchange of the interest of the Shawneeland Sanitary District in real property identified as tax parcel numbers 49B03- 124 -6, 49B03- 124 -7, 49B03- 124 -8, 49B03124 -9, and 49B03- 124 -10 (all located in the Shawneeland Subdivision) with CHW Partnership, a Virginia Partnership, for real property identified as tax parcel number 49B03- 123 -265, 49B03 -123 -266, 49B03- 123 -282, 49B03- 123 -283, AND 49B03 -123 -284 (all located in the Shawneeland Subdivision). 18 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye THE BOARD OF SUPERVISORS WILL CONDUCT A PUBLIC HEARING TO SOLICIT PUBLIC INPUT ON THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSAL TO BE SUBMITTED TO THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE LAUREL CENTER RELOCATION PROJECT. RESIDENTS OF THE PROJECT AREA ARE ENCOURAGED TO ATTEND. THE LAUREL CENTER PROPOSAL WILL INCLUDE A REQUEST FOR FUNDING TO COMPLETE CONSTRUCTION OF PHASE 2 FOR RELOCATION TO A NEW FACILITY. THE DRAFT CDBG PROPOSAL WILL BE PRESENTED FOR COMMENT ALONG WITH INFORMATION ON PROJECTED BENEFICIARIES, INCLUDING THE NUMBER OF LOW AND MODERATE INCOME RESIDENTS TO BENEFIT FROM THE PROPOSED PROJECT AND PLANS TO MINIMIZE DISPLACEMENT IF IT SHOULD OCCUR. CITIZENS WILL ALSO BE GIVEN THE OPPORTUNITY TO COMMENT ON FREDERICK COUNTY'S PAST USE OF CDBG FUNDS. A FACT SHEET ON THE PROPOSED PROJECT AND THE DRAFT PROPOSAL IS AVAILABLE AT THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION 400 E KENDRICK LANE, FRONT ROYAL, VIRGINIA 22630). FOR ADDITIONAL INFORMATION, CONTACT MARTHA SHICKLE, EXECUTIVE DIRECTOR, 540 636 -8800 OR INFO NSVREGION.ORG. — APPROVED SUBMITTING THE CDBG APPLICATION Administrator Riley advised this was a public hearing to solicit public input on a Community Development Block Grant (CDBG) proposal to be submitted on behalf of the Laurel Center relocation project. He went on to say after the public hearing, the Board should approve submitting the request. Administrator Riley then read the following information regarding the project: The Laurel Center (TLC) is an IRS 501(c)(3) approved non - profit organization providing comprehensive services to victims of domestic and /or sexual violence, and their children. TLC is in the process of constructing a new emergency domestic and sexual violence shelter 19 and outreach center that meets a wide variety of needs to physically endangered women and children, many of whom are homeless. This activity contributes to TLC's mission of empowering victims of domestic and sexual violence by providing emergency housing, advocacy, job training, support services, and education. TLC serves residents of Frederick County, the City of Winchester, and Clarke County. Frederick County local government is submitting, on behalf of TLC, a grant application to the Virginia Department of Housing and Community Development for $700,000 in federal Community Development Block Grant (CDBG) funding to support construction of the new facility. Below are some key facts about the project. • Demand for domestic violence and sexual assault victim services has increased significantly. + Construction of a new facility is needed given the overwhelming demand for TLC services, Last year, over 200 endangered women and children were turned away due to lack of space. • A new facility is needed because the current facility is old and in dilapidated condition, and cannot keep up with current demand for TLC programs and services. • The new TLC facility site is located within a low- to moderate - income (LMI) area, and will serve all persons in need of domestic /sexual violence support services. • The facility will provide expanding living quarters, kitchen, and living space as well as office space for operation of TLC support programs and services. • It will contain approximately 20,000 square feet, including eight bedrooms with 7,000 total square feet of living space (with the option of an additional 7,000 square feet of living space for more bedrooms, based on future demand). • The new facility doubles TLC's current emergency shelter capacity. TLC expects to shelter over 400 persons annually. The new facility contains sufficient space for TLC's 18 programs, providing assistance to over 2,000 persons annually. • TLC is the only place in the area where women can go for these services. There is no other place that offers such services in the service area. • This is a request for funding provided to Virginia by the federal CDBG program, not local tax dollars. It will not impact the taxes of Frederick County residents. • The County sees this project as a very cost effective solution to a major community problem - helping victims of domestic and sexual violence. • The project has raised private funding directly from the community more than $2 million dollars of the $4.3 million project cost. 20 • Several key community leaders support this project, as well as Congressional leaders such as Congressman Frank Wolf. Chairman Shickle advised that he would abstain from consideration of this matter due to a possible conflict of interest. He then turned the gavel over to Vice - Chairman Ewing. Vice - Chairman Ewing convened the public bearing. Matthew Karen, Frederick County resident and President of the Laurel Center Board, spoke in support of this application. He advised The Laurel Center supports the counties of Clarke and Frederick and the City of Winchester. He noted domestic violence has spiked with the downturn of the economy and the Center has had to turn away a number of victims. He went on to say they have begun construction, but need more funding. He concluded by saying the collection of over $2 million in private donations shows there is support for this program. Cindy Heathcoat, forensic nurse examiner at Winchester Medical Center, spoke in support of this application. She advised that she sees the victims of these crimes and the work being done by the Laurel Center is extremely important in the community. She went on to say no one deserves this money more. She noted the help is free and confidential. She concluded by saying Winchester Medical Center, Valley Health Systems, and Mr. Mark Merrill are passionate about and grateful for this group. Dr. Jack Potter, Director of the Emergency Room, spoke in support of Miss Heathcoat's comments. He went on to say we see the successes of The Laurel Center. He concluded by saying the center is a tremendous asset to the community and he urged the Board to support this application. Evan Clark, resident of Winchester, spoke in support of this application. He noted that he provides counseling services to the perpetrators of domestic violence and 85% of the clients 21 come from Frederick County. He concluded by saying he strongly supported the Community Development Block Grant application. Sheriff Robert Williamson offered his support for The Laurel Center and this application. Martha Shiekle, Executive Director of the Northern Shenandoah Valley Regional Commission, asked those in attendance who supported this application to please stand as a show of support. Approximately 25 people stood in support of the application. There being no further public comments, Vice - Chairman Ewing closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the submission of the Community Development Block Grant application for The Laurel Center. The above motion was approved by the following recorded vote: Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT # 01 -13 FOR JUDITH TINGLE, FOR A REVISION TO THE REQUIREMENTS UNDER CONDITIONAL USE PERMIT #09 -10 ENABLING AN IN -HOME FAMILY DAY CARE FACILITY. THIS REQUEST IS FOR THE PURPOSE OF INCREASING THE NUMBER OF CHILDREN BEING CARED FOR AT ANY GIVEN TIME. THE PROPERTY IS LOCATED AT 284 TYLER DRIVE, AND IS IDENTIFIED WITH PROPRETY 22 IDENTIFICATION NUMBER 32A -2 -18 IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Zoning Inspector Dana Johnston appeared before the Board regarding this item. He advised this was a request for a revision to existing conditional use permit #09 -10 for an in -home family day care facility. The revision would increase the number of children being cared for from eight to 12. The property is located at 284 Tyler Drive, Hiatt's Run subdivision in the Stonewall Magisterial District. He noted the Department of Social Services granted approval for the increased capacity from eight to 12 children. He went on to say the Health Department has no objections and staff has received no complaints. The Planning Commission unanimously recommended approval of this application at their February 20, 2013 meeting with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. 23 Upon a motion by Supervisor DeHaven, seconded by Vice- Chairman Ewing, the Board approved Conditional Use Permit #01 -13. 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 Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye ORDINANCE AMENDMENT — CHAPTER 165 ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT — REMOVAL OF WAIVER OPPORTUNITY IN THE RA DISTRICT WHICH ALLOWS THE BOARD OF SUPERVISORS TO REDUCE SETBACKS FOR EXISTING LOTS. - APPROVED Senior Planner Candice Perkins advised this was an ordinance amendment to remove the waiver opportunity in the RA (Rural Areas) Zoning District. She noted the waiver request should be removed because these requests should be handled by the Board of Zoning Appeals. She concluded by saying the Planning Commission recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved an ordinance amending the Frederick County Code Chapter 165 Zoning, Article 1V Agricultural and Residential Districts, Part 401 RA Rural Areas District, 165- 401.07 Setback Requirements. WHEREAS, an ordinance to amend Chapter 165 Zoning, to remove the waiver opportunity contained in the RA Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot record, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on February 20, 2013; and 24 WHEREAS, the Board of Supervisors held a public hearing on this ordinance on March 13, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to remove the waiver opportunity contained in the RA Zoning District that allows the Board of Supervisors to reduce the setbacks for an existing lot of record. This amendment shall be in effect on the day of adoption. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401- RA Rural Areas District §165 - 401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Setbacks for all lots other than rural preservation lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of- way of the street, road or ingress /egress easement. (2) Side or read setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size Setback (Side and Rear ) (Feet 6 acres or less 50 More than 6 acres 100 Orchard 200 25 Agricultural and Forestal 200 District §165 - 401.078E Remains Unchanged Passed this I P day of March 2013 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E, Fisher Aye Gary A. Lofton Aye ORDINANCE AMENDMENT — CHAPTER 165 ZONING ARTICLE VII DEVELOPMENT PLANS AND APPROVALS, PART_ 801 MASTER DEVELOPMENT PLANS; ARTICLE I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 GENERAL PROVISIONS; ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, LOADING AND ACCESS; ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT• ARTICLE V PLANNED DEVELOPMENT DISTRICTS PART 501 R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT, PART 502 R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT, PART 504 MS MEDICAL SUPPORT DISTRICT — REVISIONS TO UPDATE THE MDP SUBMISSION AND PROCESSING REQUIREMENTS. THIS REVISION ALSO MODIFIES A NUMBER OF MDP REFERENCES THROUGHOUT CHAPTER 165 TO CONFORM WITH SECTION 801 REVISION. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was an ordinance amendment to update the master development plan requirements. She noted that master development plans must demonstrate compliance with the County Code and are not scheduled for review at a public meeting until they meet all of the requirements and have addressed all review agency comments. Master Development Plans are only presented as 26 information to the Planning Commission and the Board of Supervisors, no action is required. In order to bring the Zoning Ordinance into compliance with current practice, staff prepared a revision to Part 801 of the Zoning Ordinance to update the Master Development Plan requirements, revise how the plans are processed, and reorganize the text for clarity. The Planning Commission recommended approval of this proposed amendment. Supervisor Fisher asked about the reasons for requiring the pre - application conference because the developer usually approaches the county to request a conference. He stated the proposed amendment would allow staff to now request a conference. Chairman Shickle stated he appreciated staff's attention to this matter. He noted the Board wants to see what the ordinance adaptations are and there is an effort made to let the Board know what happens. Chairman Shickle convened the public hearing. Mark Berg, Back Creek District, spoke in opposition to this proposed change. He noted this proposal would centralize power in the local bureaucracy. He went on to say Master Development Plans should not be here as an information item. He wanted to know who chose not to comply with the current ordinance. He was concerned because the Planning Director and County Administrator would be the ones to approve these plans. He expressed further concern because it was up to those two staff members to determine when a pre - application conference is required. He questioned the lack of clarity in the topography requirements. He urged the Board not to approve this ordinance. Jay Marts, Gainesboro District, stated this particular ordinance was a bit of an overreach and he urged the Board not to go forward with its approval. 27 Dody Stottlemyer, Shawnee District, expressed concern about the contents of this ordinance. She felt it put more work on the Planning Commission and the developer. She noted there was not room for an applicant appeal process or a time frame for an application to be approved. She questioned why the Board would adopt a fee schedule, but would not approve the plan. She went on to say once this revision is approved it will be impossible to rescind. She concluded by saying this ordinance denies residents due process and this is a duty of the Board. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the ordinance amending the Frederick County Code, Chapter 165 Zoning, Article VIII Development Plans and Approvals, Part 801 Master Development Plans, 165 - 801.01 Intent, 165- 801.02 When Required, 165 - 801.03 Waivers, 165 - 801.04 Review, 165 - 801.05 Pre - application Conference, 165- 801.06 Preliminary Master Development Plan, 165- 801.07 Final Master Development Plan, 165 - 801.08 Changes to Approved Plans, 165 - 801.09 Preliminary Master Development Plan Submission, 165 - 801.10 Contents of Preliminary Master Development Plans, 165 - 801.11 Final Master Development Plans, 165801.12 Master Development Plan Review Fees; Article 1 General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, 165 - 101.02 Definitions & Word Usage, Part 202 off Street Parking, Loading and Access, 165 - 202.04 Streets; Inter - Parcel Connectors; Part 402 RP Residential Performance District, 16- 402.01 Intent; Article V Planned Development Districts, Part 501 R4 Residential Planned Community District, 165- 501.01 Intent; Part 502 R5 Residential Recreational Community District, 165 - 502.02 Master Development Plan, 165502.05 Design Requirements; Part 504 MS Medical Support District, 165 - 504.03 District Area, Floor -to -Area Ratios, and Residential Gross Densities. 28 WHEREAS, an ordinance to amend Chapter 165, Zoning to update the Master Development Plan submission and processing requirements, was considered. This revision modifies a number of Master Development Plan references throughout Chapter 165 to conform with the Section 801 revision, as shown in the heading of this Resolution.. WHEREAS, the Planning Commission held a public hearing on this ordinance on February 20, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on March 13, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning is amended to update the Master Development Plan submission and processing requirements throughout Chapter 165 to conform with the Section 801 revision, as shown in the heading of this Resolution. This amendment shall be in effect on the day of adoption. Passed this 13 day of March 2013. 29 DRAFT REVISIONS TO PART 801 A 8 02 ARTICLE Vill DEVELOPMENT PLANS AND APPROVALS Part $a1-- Master Development Plans § 165 - 801.01 Intent. The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. it is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and /or development and of surrounding properties and ensure that the requirements of the County Cade have been satisfied § 165 - 801.02 When required. X A preliminary Master Development Plan (MDP) and shall be submitted to the Director of Planning and Development, and shall be Presented to the Planning Commission and the Board of Supervisors as an informational item. Ultimately, the MOP must receive administrative approval from the Director of Planning and Development and the Cann Administrator prior to any subdivision or development of property in any of the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District HE High Education District MS Medical Support District B1 Neighborhood Business District B2 Business General District B3 industrial Transition District OM Office- Manufacturing Park District M1 Industrial Light District M2 Industrial General District EM Extractive Manufacturing District DRAFT REVISIONS TO PART 803 AND 802 B. The MDP shall at leaA include the sub'ect pLo2erty pTp f or subdivision or development as well as all contiguous land under single or common ownership in the above zoning districts. C. A prelim MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. § 165- 801.03 Waivers. A. RP, R4, R5, M& and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance District), the R4 (Residential Planned Community District), the R5 (Residential Recreational Community District), and the MN -1 (Mobile Home Community District), if the proposed property for subdivision or development: (1) Contains 10 or less single-Lamily detached rural traditional single-fami detached traditianal_ar single - family detached urban traditional detached siFigle faff4y- dwelling units ( all other permitted hausina tv,�ws shall require a MDP) (2) Is not an integral portion of a property proposed or planned for future development or subdivision (3) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (4) Does not substantially affect the purpose and Intent of its zoning district and the intent of this article. B. M1, EM and M2 Districts_ The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), Zoning DIFAFiet, the 1=M (Extractive Manufacturing), ZGnirig NStFie -t or the M2 (industrial General) Zoning Districts if the proposed subdivision or development: (1) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street, road or rights -of -way and does not significantly change the layout of any existing or dedicated street, road or rights -of -way; (2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (3) Is not an integral portion of a property proposed or planned for future development or subdivision; (4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (5) That such development does not substantially affect the purpose and intent of this chapter. Ir-j DRAFT REVISIONS TO PART 801 AND 802 C. 61, 62, 133, MS and HE Districts. The director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), 62 (Business General), 133 (Industrial `transition), M5 Medicaf Su or HE (Higher Education) Zoning Districts if the proposed subdivision or development: (1) Contains less than five acres in the 61 District and less than 10 acres in the 62, 63, MS or HE District; (2) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; (3) goes not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot; (4) is not an integral portion of a property proposed or planned for future development or subdivision; (5) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and (6) That such development does not substantially affect the purpose and intent of this chapter, § 165 - 901.04 Relfim Freapplication conference. Prior to submission of a prekniRaFy master development plan for review appreval, the D g artment o Pla nln and Development ,sta may require, or an applicant may request a the app "Gan! shall Feguest a r-eyiew preappfication conference with the Cou tF -Aaft - _ The purpose of the preappiication r=ev conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development plan. A. if required, at the preapplication confereace conference the aigplicant .shat! rovide a land use plan describin the following (1) The general location of the site. lJ The genera! location at ropased roads. L31 The general location and types of ry osed uses, env'ronmental Leatures on the site housin des ar oRen space. 4 The uses on adjoining ro grties. ian (4) The uses on adjOiRing picepepties. r the result of the pFeapplkatioR eenfepenee. Any Feeemmendatiens made by the P4RAing Gemmi65*en at OF in Fespof"C'e--t-- the preappliGation eaRfeFenee shall nDt be binding upon the F� -Sol, 8- 165 -801.5 Contents o master development Plans. A. The af laevfnR items shall be required for MQP's in all zoning districts_. All required items shall be shown clearly on the plan. All piceliMiRaFY MDP's shall be prepared in accordance with the following specifications: (1) The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than one hundred feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheetsjoin. (3) All MDP's shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, Is required for a11 MDP'S, (5) The total area of the property shall be specified an the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director. 4 DRAFT REVISION TO PART 801 AND 802 (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. (8) A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided. (9) The use of all adjoining properties shall be clearly designated on the MDP. (10) All existing, e* approved or planned public roads, streets or rights -of -way on the project or within 2,000 feet of the boundaries of the project. (11) Any approved proffers associated with_Proerty. 12 The iocatlon and treatment proposed for all historical structures and sites recognized as si n1 scant by the Frederick County Board of Supervisors or as identi red on the f/ir inla Historical Landmarks Commission Survey or Frederick Coug . 13 A history of a I land divisions that have occurred in relation to the tract since the adoption o this requirement. ( 14) , The approximate location of sewer and water mains with statements concernin the connection with and avallability of cxJ91LnQ facilities. 15 The ownership and use pf all ad joinin arcels includin arcels across road ri ht -o -wa s. L161 I7 scrl tion of any changes made since approval ot any prior MDP's. 17 ) n aDproval block and si mature lines f pr the Director of Planning and 13. Contents of a pFeliMiRaFy master development plan in the RP (Residential performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH -1 (Mobile Nome Community) District. The ffeliM MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (1) A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses. (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights -of -way for each phase and the total development. (3) The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements. (4) The proposed number of dwelling units of each type in each phase and in the total development. DRAFT REVISIONS TO PART 801 AND 002 _ _ (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands. (6) The location of environmental protection land to be included in common open space. (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space. (8) The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space. (9) The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided. (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided. (11) The proposed location, arrangement, and right -of -way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165 - 202.04. (12) The location and arrangement of street entrances, driveways and parking areas. with a id availability o f exis lt+es- a3L A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot. t141 Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed. (16) The lerati and t (17) A hiE;tory of all land divi- th t have GGGurFed in Wation to the trnnt since the adoption ef this C. Contents of a ffeliHAiRar-y master development plan in the M1 (Light Industrial) District, the M2 (industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the B1 (Neighborhood Business) District, the 132 (Business General) District, the B3 (Industrial Transition) District, the OM (office- Manufacturing Park) District and the MS (Medical Support) District. The ffeliminapy MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following. (1) A conceptual plan, showing the location and arrangement of proposed uses. DRAF REV ISIONS TO PART 801 AND 802 (2) The location and apgroximate boundaries- _of__ existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the a2proximate acreage of eogh type of environmental feature including the amount and percentage of each type that is to be disturbed and the amount and ercenta e ot each type to be g laced in a en or landsca ed areas. (3) The proposed location and arrangement of all streets and granosed and existing utility systems. (4) The prope5ed location of eRtFaRees to the development fFOFA eXiSting publiG streets. T'he location and arran ement of existin and proposed public or private roads _ existing or propos ed entrances and driveways rom gxCt§tfng and p roposed public or private streets. (5) A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel. (6) The oaVeFi and treatment pFoposed for all histeplGal structures and s FeeegRize 5igniflearit by the Freder G ew - ty B-9--rd of Supervi5or-s or I dentified en the V Historical LagdmaFk5 Commiss Survey for Frederick County. (7) . The location and extent of ro osed bu ers re wired b this Cha ter with staterrlents P rofiles. cross sections or exam tes clearl y specifying the screening to be provided. (8) The use of adjo paFeels and the location Of adjOlAiRS Streets and ut § 165 - 801,06 PFeIiMi + Master development plan submission. Applicants shall submit 42- the number of copies of the preliminary MDP to the Department of Planning and Development s eci fed bV the Department of Nanning and Develop MDP app lication together with completed application materials required by the Department of Planning and Development. N Ra l A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete and the application shall commence through the public meeting process when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development, when � .� ;^ . �� has been held wheA a ppeapplication confe%RCe hag been held, if requ and when the preNn9inaFy masteF development plan has - n reviewed by the Design Rev' ew Gomm 4 Fe q u red B. A Traffic Impact Analysis (TlA) shall be prepared and submitted to the Department of Planning and Development with all MDP applications in accordance with the adopted Traffic Impact Analysis Standards. C-, Thp. nir_-c4ar of PlaRning and Deve may require the applicant to present the prel MDR to a design for FeV The GerArnittee sha make reeornmendatiens to the PlanniRg Commission r f, e- DRAF REVISIONS TO PART 8 AND 8 02 9� C. When the submission is complete, the Director of Planning and Development shall submit the plans, application materials and re+riew auency, aanraval comments to the Planning Commission � 45 as an informational item. D. Fallowing the fnforrrrational presentation of the MDP to aerie -ef the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors for its as are informational itent consideration. E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed oF fequired by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new wry MDP. F. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. nV «l- hl . May be GE)P Sidered rsenc b th 8 . r :4 a D. Fallowing the fnforrrrational presentation of the MDP to aerie -ef the Planning Commission, copies of the plan, application materials and agency comments shall be submitted to the Board of Supervisors for its as are informational itent consideration. E. The preliminary MDP submitted to the Board of Supervisors for review shall not be substantially changed from plans reviewed by the Planning Commission. Changes may be made that were discussed oF fequired by the Planning Commission. Other substantial changes to the plan shall require that the Planning Commission review the plan as a new wry MDP. F. Site plans or final subdivision plats may be submitted concurrently with preliminary master development plans for review according to the procedures set forth in this chapter and Chapter 144, Subdivision of Land, of the County Code. nV «l- hl . May be GE)P Sidered rsenc b th 8 DRAFT REVISIONS TO PART 801 AND 802 Master Development Plan Approval Process Is § 165- 801.07 Final master development plan, A. The final MAP shall conform to all req uirements of the Count Cade. �B Applicants shall submit 44- minimum of fiye_ copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. l-: C. The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met and if a preliminary MDP was presented_to a pp roved b the Planning Commission and Board of Supervisors and i f all eqwired ages — have been n9ade a°d ents of the County Gode �reetef to aGt;.n 60 days shall be deemed appFeY@I. Fa+le ef-te L), A MDP shalt not be considered final until It is si red by the Director of Planning and Develop and the County Administrator. §165-801.08 Changes to approved Master aevela mentPtans. Changes to an approved MDP shall occur only after review a-ppfav� by the Planning Commission and the Board of Supervisors using the procedures required for the approval of a new plan. The Director of IN DRAFT REVISIONS TO PART 801 AND 802 Planning and Development may approve minor changes without following the full procedures, if such approval does not violate the intent of this chapter and section. Such minor changes shall not include increases in the density or intensity of development, changes to entrance or street layout, changes to stormwater layout or other major design changes. § 165 -801.14 9 Master development plan review fees. The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP. *§ 165- 801.10 Relocated to 165- 801.5 4epmeAt shall be 10 DRAFT REVISIONS TO PART 801 AND 802 f4evivw G011tArpR9a wFt fS 6t1tt Pre Appiloatlon CArr+are"Ib. with PfAnf*i" Commis ion Submixsion at Pre minary MOP, A�plioatior% and Co mmarrt y; F I Staff 4 Reviews by Consviting Engineer {fa n C9mrnittmo tEe Nrallm €n Mop Submixv PC and PIC R sl, App, * +w €th Rees r t?eni2€ Ilbr"i IClan. to 0Qdf6 of su"'tvisays RPPfOV AFtprnvat Dams with ahangas Final P Appravers Final MOP Approved by atf by Slai6 innl SttCii4ivisi4ri Final 8�sbdiv€sion or BPts Plan of SI1e Ptarf a� to PC 11 Various MDP References Chapter 165 (Table of Contents) ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801 — Master Development Plans 16S- 801.01 Intent. 165 - 801.02 When required. 165 - 801.03 Waivers, 165- 801.04 Review ^^ ^feFenc^, Prea2glicatron c©nfErencg 165- 801.05 antents of master development plops. 165 - 801.06 P;e4A4A Master development plan submission. 165 - 801.07 Final master development plan. 165- 801.08 Changes to approved master develn rnent plans. 165- 801.09 Master development plan review fees. 1 one l! A »rerr1eyela eAt p lans . i65 880 Masier-deyelepmeRt p Fevie�. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 — General Provisions § 165 - 101.02 Definitions & word usage. MASTER DEVELOPMENT PLAN - A general plan of development approved reviewed by the Board of Supervisors for new developments in certain zoning districts before subdivision or site plan approval, according to the requirements of this chapter. Part 202 — Off- Street Parking, Loading and Access § 165 - 202.04 Streets; Inter - parcel connectors. All residential subdivisions of more than 10 lots in the RP, R -4, R -5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) app Fayed reviewed by the Board of Supervisors. This requirement for inter - parcel connector streets may be waived by the Board of Supervisors if the Board finds: i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped Various MDP References -- Chapter 165 parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv} other good cause shown by the applicant not contrary to good planning policy. All inter - parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. Part 402— RP Residential Performance District § 165. 402.01 Intent. B. Within this Part 4012, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process its accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and added reviewed by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors. C. It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted multifamily development percentages and densities are identified. Multifamily housing types are allowed only when they adjoin similar uses or are properly separated from different uses. The prellwin@Fy master development plan shall specify the amount and percentages of all proposed housing types. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501-- R4 Residential Planned Community District § 165- 501.01 Intent. The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the Lnal approval adoption of the master development plan by the Coon th e plannipo ' Fn and Beard of S:,;cr.; w; W . Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities, The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, Various MDP References - Chapter 165 roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. Part 502 — RS Residential Recreational Community District §165-502.02 Master development plan. All land to be contained within the Residential Recreational Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approva/ - amt of the master development plan by the County_ t-he Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165 - 502.05 Design requirements. M, Alternative access. A combined system of pedestrian and /or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or (bicycling between every use, structure or recreational facility. Such access shall be connected with existing travelways adjacent to the residential recreational community development. In age- restricted communities, at the time of master development plan appreva4 r� view the Board of Supervisors may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the master development plan. Part 544 — MS Medical Support District § 165- 504.03 District area, floor -to -area ratios, and residential gross densities. C, The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan appfovai review process. Supervisor Collins stated the Board would be removing levels of bureaucracy by approving this ordinance. Supervisor Lofton agreed with Supervisor Collins. He went on to say the Board could be putting a developer in double jeopardy if the Board followed the existing ordinance, as written. Chairman Shickle questioned the timing of this amendment. Planning Director Eric Lawrence advised the Board could not deny a Master Development Plan, but board members still wanted to see how the plan complied with the ordinances. He went on to say the Board previously authorized staff to administratively approve master development plans. This proposal gets rid of the double jeopardy concern. He concluded by saying the master development plan illustrates how the ordinances apply to the property. There being no further discussion, the ordinance amendment was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REZONING APPLICATION #01 -13 -- WOODSIDE COMMERCIAL CENTER — REVISE TRANSPORTATION PROFFERS - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to revise proffers associated with Rezoning #k18 -06. The revision relates to the "Transportation" section of the proffers. The property is located on the east side of Route 11, north of Hopewell Road, also known as Exit 321 of Interstate 81, in the Stonewall 30 Magisterial District. Deputy Director Ruddy stated this proposal would modify proffer 1. E with the inclusion of a comparable monetary contribution in the amount of $75,000 for road improvements. The monetary contribution in the amount of $75,000 for road improvements is to be paid prior to the first occupancy permit. The Planning Commission recommended approval. Gary Oates, GreyWolf, appeared before the Board on behalf of the application. He advised it had been seven years since the rezoning was approved. He noted the original proffer is an unknown. He went on to say it would be simpler if he could make the proffer in monetary form. He concluded by saying the County is in a better position because the money could be used for matching funds. Vice - Chairman Ewing expressed concern about the timing change. Supervisor DeHaven stated the transportation proffer is to try to mitigate the impacts of development. Until the property comes on line there is no impact. He concluded by saying this seemed equitable to him. Supervisor Lofton asked about the preferred timing of transportation. Deputy Director Ruddy responded Deputy Planning Director - Transportation John Bishop has been working to find a solution for that interchange and having the money would be most beneficial. Supervisor Lofton asked what prompted the request to change from services to money. Mr. Oates responded that he thought about rezoning the property to B3, but there are two other rezonings in that area looking at some type of design. He said it would benefit him because he could sell the property and the County could use the money for matching funds. Supervisor DeHaven stated the change delivers the proffer to mitigate when the impact begins. 31 Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved Rezoning 401 -13. The above motion Alas approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Nay Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REQUEST TO SCHEDULE A WORD SESSION FOR BUSINESS DEVELOPMENT ADVANCEMENT STUDY BDAS — NO ACTION TAKEN Planning Director Eric Lawrence appeared before the Board regarding this item. He advised staff was requesting a work session with the Board to discuss fixther revisions to and to review examples of the Business Development Advancement Study (BDAS). Supervisor Fisher stated he would prefer to see the revisions before holding a work session. Chairman Shickle wanted to see if there were enough changes before deciding on the need for the work session. Vice - Chairman Ewing stated he would be in favor of a work session, if one was needed. The Board consensus was to review the revisions and then determine whether or not a work session was needed. BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS 32 Mark Berg, Back Creek District, stated it was upsetting that the Board of Supervisors did not carefully read the just adopted ordinance change. The approval of master development plans now falls to only two people. This change will adversely affect the business community. He went on to say that by this action, the Board continues to hinder businesses. He concluded by saying, "shame on this board." Gary Oates, Stonewall District, stated, as a surveyor and engineer, the fewer steps one has to go through the better. He appreciated the ordinance change adopted this evening. BOARD OF SUPERVISORS COMMENTS Supervisor DeHaven stated he did not understand the concerns surrounding the ordinance amendment especially when it is in the community's benefit. He concluded by saying once a master development plan meets the ordinance requirements it is approved. Supervisor Fisher stated that he wanted to clarify one point regarding The Laurel Center grant application. With regard to the grant from the State of Virginia, those are tax dollars, He went on to say the proposed project was worthwhile and there were needs to be addressed, but he wanted to clarify that grants are tax dollars. With regard to the master development plan ordinance, he noted this practice has been here for years and it has often caused confusion. He advised the rezoning is all the Board can approve. He concluded by saying the Board has never had the authority to approve master development plans. Chairman Shickle stated that personally he believed Dr. Berg was inaccurate and no amount of raising one's voice or pounding a desk would make inaccurate information accurate. ADJOURN 33 UPON A MOTION BY VICE-CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:30 P.M.) 34 J04 o �i O `° Ls 19 o O fn 0 1 4� 0 1 4� ; 't R Y . !] � 1 �, � �' �I !' E� ` f'. � !; ii! er i e� #.; � �� ���� .i��. �ll...rIII�P, .� :,! ..A�� �III�E II�,{ I,7 �� li, I : , IDIOM 4D. Employee of the Month Resolution Awarded to. Samuel R. Wilson WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; anal, 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, the Board of Supervisors selects one employee from those nominated, based on the meets of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County, and, WHEREAS, Samuel R. Wilson who serves the Frederick County Esther Boyd Animal Shelter was nominated for Employee of the Month, and, WI3EREAS, Samuel RV Wilson is being awarded for his loyalty and commitment to his position at, the Animal Shelter. Over the past three years, Samuel has trausitioned from a part` time Animal Caretaker that worked only weekends and holidays into a compassionate and conscientious full- time Caretaker that the Shelter relies upon daily. He. is able to successfully maintain both the dog and cat facilities, as well as tend to many other critters that arrive at the Shelter. Recently, Samuel has assumed the responsibility of making the weekly trip to Northern Virginia Community College, where he safely transports Shelter dogs and cats so that they can get spayed and neutered. He is always polite to visiting citizens and works well with the Shelter staff. Samuel is to be commended for his initiative and dedication. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 27 day of March, 2013, that Samuel R Wilson is hereby recognized as the Frederick County Employee of the Montle for March 2013; and, BE IT FITRTB ER RESOLVED that the Board of Supervisors extends gratitude to Samuel R Wilson for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT P+ URTBER RESOLVED, that Samuel R. Wilson is hereby entitled to all of the rights and privileges associated with his award. County of Frederick, VA Board of Supervisors 4 q -- — Richard C. Shickle, Chairman - - -- COUNTY of FREDERICK TO: Board of Supervisors FROM: John R. Riley, Jr., County Administr or DATE: March , 2013 RE: Committee Appointments John R. Riley, Jr. County Administrator 540/665 -5666 Fax 540/667 -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: (540)662 -6145 Term Expires: 06/22/15 Four year term (Mr. Schuller has resigned. See attached application from Dr. Robert "Bob" Meadows.) 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 March, 2013 Page 2 Planning Commission Philip A. Lemieux — Red Bud 106 Dell Court Winchester, VA 22602 Home: (540)722 -3673 Term Expires: 01/27114 Four Year Term (Mr. Lemieux has resigned.) District Representative Historic Resources Advisory Boa Vacancy from Gainesboro District due to the Appointment of Mr. Robert Hess to the Board of Supervisors. Term to Expire 05127113. Four year term. MARCH 2013 Russell 150 Community Development Authorit�r John S. Scully, IV Colony Realty 112 North Cameron Street Winchester, VA 22601 Office: (540)662 -0323 Term: 03/01/09 - 03/01/13 Four year term (Mr. Scully does not want to be reappointed. The Community Development Authority (CDA) was created in 2005. The CDA Consists of five members. Appointments are for a four year term.) APRIL 2013 Sanitation Authority Walter C. Cunningham -- County Representative (Red 1366 Greenwood Road Winchester, VA 22602 Home: (540)667 -7825 Term Expires: 04/15113 Four year term (Mr. Cunningham has agreed to be reappointed.) JRRltjp Bud District Resident) U A TJPlcommitteeappointmentsWemosl BoardCommitteeAppts (032713Mtg).docx INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPER COMMITTEE APPOINTMENTS IX � N �C7 v �iy. District Supervisor, would like to nominate you to serve on the As a brief personal introduction to the other Board members, please fill out the information requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Name: Address: Employer: fie},_ 1 v Home Phone: )S 68 -3 3 0 , + Office Phone: Fax: # Email: 1 d� ,p r Occupation.: A Civic /Community Activities: A- k \� 1 ,, C ��f�� a'l G� t t4l i T r (i� J srY +b 1"7 S 1 p er5 Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: �/` No: Do You Foresee Any Possible Conflicts Of .late est Which Might Arise By Your Serving On This Committee? Yes: No: Explain: Additional Information Or Comments You Would Like To Provide (If you need more space, please use the reverse side or include additional sheets): Applicant's Signature: - Date: A(, Nominating Supervisor's Comments: (66109106) U:ITJPIfbn - n s\Comm itteeAppl i catio.oMtr.doc COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -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: March 12, 2013 RE: Refund — Quality Inn I am in receipt of the Commissioner's request, dated March 7, 2013, to authorize the Treasurer to refund Quality Inn the amount of $2,634.41 for adjustment to business license for 2012. Quali # Inn was purchased by Shenandoah University and is no longer operated c Quality Inn as a motel. Exoneration is for unused portion of the 2012 business license. 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 o the equest, as indicated in the Commissioner's memorandum. Rod ick B. illiams County Attorney 107 North Kent Street • Winchester, Virginia 22601 5 f 11 +ri 1 March 7, 2013 Frederick County, Virginia Ellen E. M C DMnliSsioner of the Revenue 107 North Kent Street Winchester, VA 22601 P hone 54 0 -665 -5681 Fax 540- 667 »6487 email: enlurphy @co, Frederick, va. tls TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration QUALITY INN Please allow the Treasurer to refund $2,634.4I to Quality Inn for for 2012. Quality .Inn was purchased by Shenan do Un ve sity and is Went to business license Quality Inn as a motel. Exoneration is for unused portion of the 2012 bus ne nger Operated by e The request appears in order and all backup information has ss Incens. Commissioner of the Revenue staff, been examined and a pproved by Supporting information is in the Commissioner of the Revenue office and Exoneration total is $2,634.41. contains secure data. Date:, 2/26/13 Cash Register: COUNTY OF FREDERICK Time: 09:47:32 Promise to Pay Date: Supplement No: 02 F1 Amt Tender F2 =Next Ticket F3 =Exit F10 =Funct Menu Customer Transactions: Trans. Type: PAY Acct: 18174 Dept /Bill #: BL2012 / 00077490014 Penalty /Interest Date: 2/26/2013 / 2/26/2013 Business: QUALITY INN Address: PO BOX 24 97 Status Codes: WINCHESTER VA Zip Code: 22604 - 1697 Applicant: HOTEL MANAGEMENT LC Address: Fed ID #/SSN # :� 1017 PIKE WINC HESTER VA Zip Code: 22602 Original Bill: I Payments: ; Setoff Claim #: 00000000 Penalty Paid: $.00 Int Paid: $.00 Last Date: 2/04/2013 Amount Owed: $2,634.41- Other: $.00 Total Owed: $2,634.41- Penalty: $.00 Interest: $.00 Prin. being Paid: 2634.41- Pen Rate % Int Fact Dept Code Penalty being Paid: Interest being Paid: Total Amount Paid: 2634.41- Aging: Promise to Pay Date: Supplement No: 02 F1 Amt Tender F2 =Next Ticket F3 =Exit F10 =Funct Menu VERSION 7 — 311113 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, including all costs of any third -party billing services provider and including the cost of consumable equipment and supplies used on EMS calls, with all costs under this Section 3A to be subtracted and paid from the gross revenue collected under the Program, before disbursements are made, pursuant to Section 31), 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, based on each individual Participating Company's actual transports, to include 100% of billable mileage expenses and 50% of the net revenue after billable mileage expenses. E. The County will not increase, reduce, or eliminate funding (to any amount different from what a Participating Company receives) for Non - Participating Companies. VERSION 7 — 3/1/13 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. Use the revenue generated from the Program only for purposes of covering: 1. operating expenses; 2. existing debt service, and 3. new debt service (i.e., apparatus), but not for new debt service of bricks and mortar. The Volunteer Companies shall not, however, pledge, as security for any debt, any revenue generated from the Program. G. Submit an annual financial statement to the County for audit by the County's auditor that includes particular items as requested by the County's auditor, H. Not change second, third, due etc. assignments to prevent Participating Companies from responding into first due areas of Non- Participating Companies, 1. Complete all incident documentation in a timely fashion, i.e. within 24 hours from the time an incident is handled. S. 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 ►'L� _`�� ��7�TrQc� Ili �C3 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 I: Title: Date: FREDERICK COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION LIM Date: Title: VERSION 7 — 311113 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 Title: CSI :�- 1�I�.Y:3�)3�l � � Date: Date: 4 VERSION 7 — 311113 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 Title: Date: MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 21, INCORPORATED Title: Date: County of Frederick 1131111. 111111111114111111111" 111111111 111 III lEIEM111YfilIIIHIIIlit4111HYIY111AlIIt111YLLn1YYenI 111IIYYYmY11Y11.tl114e [ enuYlml .nnYlftle. Will I I I I IN 11111111111 II III I I II II III 11111111111 I A l till Yl 1 1 1 1 1 III 1111111111111 n1111111111111fnllnlltlllllli Paula A. Nofsinger Director of Human Resources (540) 665 -5668 Fax: (540) 665 -5669 pnofsing @co.frederick.va.us TO: Board of Supervisors FROM: Paula Nofsinger, Director of Human Resources DATE: March 5, 2013 SUBJECT: Human Resources Committee Report 111 q 1111 1141111111111111 ki 11111 Alt /ll FI 1 11/11 tl 1 1 ll 1 1 1 11 {I I IF I p l l l ll l ll1l111111� 111111111 H 1411ku llll11.111I I ll l EI I I 1 1111 kl 11111 � I II I q I1H II I kl l k111111� 1 1 11111 1 1 11 1 1 1 11 111 1 111 1 4! I I II I I I I11I If l kl l!I I I I LI I I I I I N I LU p l ll 1 1 11111 � I I! I I I I I I I I l l l l f l! I I I I1 kl 1111 p 11111/1111 I I FI I111 1 1 1 1 1II I I I1 The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, March 1, 2013, at 8:00a.m. Committee members present were: Supervisor Chris Collins and Supervisor Bill Ewing. Committee member absent was Dorrie Green. Also present were: Assistant County Administrator Kris Tierney, Finance Director Cheryl Shiffler, and County Attorney Rod Williams. * ** Items Requiring Action * ** 1. Approval of the Employee of the Month Award. The Committee recommends approval of Sam Wilson as the Employee of the Month for March 2013. ** *Items Not Requiring Action * ** 1. The discussion of draft Human Resource policies. Committee Chairman Chris Collins introduced the discussion outlining the recommended changes to the policies. The intent is not to proceed with any action to the Board of Supervisors until the rest of the remaining policies can be reviewed in total. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, April 5, 2013 Respectfully Submitted, Human Resources Committee Chris Collins, Interim Chairman Bill Ewing By:' � lk�d �' Paula A. Nofsinger Director of Human Resources 107 North Kent Street, Winchester, VA 22601 COUNTY of FREDERICK TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator DATE: March 14, 2013 RE: Code and Ordinance Committee Report John R. Riley, Jr. County Administrator 5401665 -5666 Fax 5401667 -0370 E -mail: jriley@co.frederick.va.us The Code & Ordinance Committee met on Thursday, March 14, 2013 at 3:00 P.M., in the Closed Session Room, Frederick County Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Christopher E. Collins, Chairman; Robert A. Hess; Bill M. Ewing; Derek Aston; Stephen Butler; and James Drown. Also present were County Administrator John R. Riley, Jr.; Jay E. Tibbs, Deputy County Administrator; County Attorney Rod Williams; Ellen Murphy, Commissioner of the Revenue; and Bev Rosato, Chief Administrator of the Business Division. The committee submits the following: ** *Items Requiring Board Action * ** 1. Proposed Amendments to the Frederick County Code, Chapter 155, Taxation, re: Carnivals, Circuses and Trained Animal Shows, and Itinerant and Distressed Merchandise Vendors. The Code and Ordinance Committee reviewed a request to amend the Frederick County Code, Chapter 155 Taxation. §155 -98 has been amended to include trained animal shows. A new subsection. C is proposed to create a $100 event fee for non carnival related events. Subsection D provides for an exemption to the license fee for events sponsored by a nonprofit organization and for persons or organizations participating in an event sponsored by a nonprofit organization where their participation in the event furthers the mission of the nonprofit. Changes are further proposed to §155-100 to establish a $30 per event license fee for vendors who engage in or transact any business for the sale of goods and wares at a festival. Upon a motion by Mr. Aston, seconded by Mr. Drown, the Code and Ordinance Committee forwarded this item to the Board for public hearing with a recommendation of approval. The motion was unanimously approved. Respectfully Submitted, 107 forth Kent Street • Winchester, Virginia 22601 Code and Ordinance Committee Christopher E. Collins, Chairman Robert A. Hess Bill M. Ewing James Drown Derek Aston Stephen Butler By: J Riley, Jr. ounty Administrator JRR/j et Attachments ORDINANCE _, 2013 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -98 and 155 -100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 155 -98 and 155 -100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect immediately (deletions are shown in bed strW n4hr h and additions are shown in bold underline CHAPTER 155 TAXATION § 155 -98 Carnivals, circuses and trained animal shows. A. "Carnival" shall mean an aggregation of shows, amusements, concessions, eating places and riding devices operated together on one lot or street or not on contiguous lots or street, whether the same are owned and actually operated by a separate person or not. Carnivals, festivals, fiesta and amusements of a Irkn naturn for the privilege of doing business in Frederick County, shall pay a license tax of $500 per day or part thereof, which shall not be prorated or transferable. B. Circuses, menageries trained animal shows, and shows of a like nature shall pay for the privilege of showing in the County a license tax of $100 per day or part thereof. C. Persons conducting events pursuant to Section 155- 100(F) of this Code shall pay for the privilege of conducting such events in the County a license tax of $100 per event. D. A nonprofit organization o perated or chartered within this County not required to obtain a license under this section nor is any person or organization participating in an event, not to exceed ten consecutive days in length, conducted by a nonprofit organization, when the purpose of such event is in furtherance of the nonprofit nature of such organization, required to obtain a license_ under this section § 155 -100 Itinerant and distressed merchandise vendors. A. Each person who shall engage in or transact any temporary or transient business in this County for the sale of goods, wares and merchandise and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car or public room or any part thereof, including rooms in hotels, lodging houses or houses of private entertainment, or in any street, alley or other public place for a period of less than a year for the exhibition or sale of such goods, wares or merchandise shall pay for such privilege a license tax of $500 per year, which license shall not be prorated or transferable. B. Each person who or which has not been licensed for at least one year to sell or to offer for sale goods, wares or merchandise before the adoption of this section and who shall hereafter apply for a license to sell or offer for sale, goods, wares or merchandise within the County shall file with such application an affidavit a statement from the owner of the building, structure, etc., to be used by such applicant, indicating consent to use the premises for such sales, or no license shall be issued unless and until such , ffi avil t statement is attached to the application. C. On each transient vendor for the sale of bankrupt, assignee, trustee, fire -wreck stock or salvage stock, a license tax shall be paid of $500 per year, which license shall not be prorated or transferable. D. No persons shall be exempt from the payment of the license tax imposed by this section by reason of associating temporarily with any local merchant, dealer or trader or by reason of conducting such business in the name of any local merchant, dealer, trader or auctioneer. E. No license tax shall be required under this section for any itinerant merchant participating in an event, not to exceed ten consecutive three days in length, sponsored and conducted by a nonprofit organization within the County when the purpose of such event is in furtherance of the nonprofit nature of such organization, and the sale of any goods, wares or merchandise is merely ancillary to such event and not the primary purpose therefor, and any such itinerant merchant shall have registered with and been approved by such nonprofit organization. The provisions of this subsection E do not create any exemption from the provisions of this Code regarding the meals tax or from the provisions of the Code of Virginia regarding the sales and use tax. F. Notwithstanding subsections A through D of this section, each person who shall engage in or transact any business in this County for the sale of goods, wares and merchandise at a festival, as that term is defined in Section 86 -2 of this Code, or at any other pre - arranged event at a single location, whether indoors or outdoors, of more than 100 individuals, shall pay for such privilege a license tax of $30 per festival or event, which license shall not be prorated or transferable, and any such person shall have re istered with and been approved by the person conducting the festival or event. No license shall be required under this subsection for (i) vendors at flea markets under Section 155 -112 of this Code, who are to be licensed under that section; or (ii) vendors who have otherwise obtained or are otherwise required to obtain a license pursuant to Section 155 -73 of this Code. The provisions of this subsection F do not create any - � exemption from the provisions of this Code reaardina the meals tax or from the provisions of the Code of Virginia regarding the sales and use tax. G. "Conducting" shall for purposes of this section mean organizin sponsoring, promoting, hosting, or otherwise being responsible for a festival or event under this section. Enacted this day of , 2013. Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Bill M. Ewing Christopher E. Collins Gene E. Fisher Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK NV ai''s167?y8 79. Parks and Recreation Department 540 - 665 -5678 FAX: 540 -665 -9687 yyyggq ` www.Rprd.net t �R rP t e -nail: fcvrd0co.frederick.va.us MEMO �•., Nor` ' ,, C�u� azsty To: John R. Riley, Jr., County Administrator Froth: Jason L. Robertson, Director, Parks & Recreation Dept. ` Subject: Parks and Recreation Commission Action Date: March 14, 2013 The Parks and Recreation Commission met on March 12, 2013. Members present were: Marty Cybulski, Charles Sandy, Jr., Ronald Madagan, Patrick Anderson, Kevin Anderson and Gary Longerbeam. Members absent were: Ron Hodgson and Christopher Collins. Items Requiring Board of Supervisors Action 1. Building and Grounds — Sewer Easement Request — The Buildings and Grounds Committee recommended to approve the sewer easement request submitted by Painter & Lewis for a gravity sewer system that would run from the old Clearbrook Woolen Shop property through a portion of Clearbrook Park and connect to the Frederick County Sanitation Authority System, second by Mr. Sandy, motion carried unanimously (6 -0). A public hearing is required if the Board of Supervisors wish to move forward with the Parks and Recreation Commission's recommendation. Submitted for Board Information Ohl : 1. Reserve Fund Policy -- Mr. Madagan moved to postpone the approval of the Reserve Fund Policy to establish a general maintenance fund, second by Mr. Sandy, motion carried unanimously (6 -0). 2. Facility Reservation Policy — Mr. Madagan moved to approve the Facility Reservation Policy as submitted second by Mr. Sandy motion carried unanimously (6 -0). cc: Martin Cybulski, Chairman Christopher Collins, Board Liaison 107 North Kent Street Winchester, VA 22601 COUNTY of FREDERICK Parks and Recreation Department 540- 665 -5678 " FAX: 540 -665 -9687 w«7w.1­cprd.nct va.us MEMO To: Board of Supervisors From: Jason Robertson, Director Subj: Easement Request Date: March 21, 2013 The Parks and Recreation Commission recommends the Board of Supervisors approve the sewer easement request submitted by Painter and Lewis that would run from the old Clearbrook Woolen Shop property through a portion of Clearbrook Park and connect to the Frederick County Sanitation Authority system. This easement is approximately 7,800 square feet and is located on tax map parcel 33- A -162B. Attached you will find a detailed plat of the area. The request was approved by the Parks and Recreation Commission and the requestor will compensate Frederick County $1,638 which is twenty --five percent of the appraised value as per the Parks and Recreation Easement Policy ( #500.07). The requestor has also offered to donate $25,000 for the construction of a maintenance storage building at Clearbrook Park in addition to meeting the requirements of the Easement Policy. A public hearing is required if the Board of Supervisors desire to move forward with the Parks and Recreation Commission's recommendation. Please give me a call at 722 -8294 if you need additional information, regarding the above. 107 North bent Street Winchester, VA 22601 NO TL 1. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT 2. PROPERTY IDEN 77FICA TION No. 33 —A -1525 & 33 —A -762 1 1 k 1 1 1 1 k k , TM #33 -A -159 N/F ALLEN B. JOBE, ET ALS INSTR. #010016596 I �1 I' 1 1.20.0" 1 I 1 1 1 TM #33— A -162B COUNTY OF FREDERICK CLEARBROOK PARK DB 396 PG 58 I I I , t I I ( 1 I' t I f�l 20' SANITARY SEWER g j EASEMENT HEREBY I g I CREATED FOR THE USE OF CLEARBROOK WOOLEN MILL C (7,843 SO. FT.) N j I 1 I 1 t- 1 € E I. I I I l Y 1 I I I I ! I I I I 20.0 I � I I 1 70.4 w £.` TM #33 —A -182 TM #33-A-158 THE OLDE WOOLEN MILL, LLC J%PP N/F CLEARBROOK ^ INSTR. #110002895 PRESBYTERIAN CHURCH ,h !y l :rS 1 � GRAPHIC SCALE A 60 0 30 60 120 y 1 1 inch = 60 ft. AyTH OF Dl SAN /TARY SEWER EASEMENT PL T ON THE LAND OF x r COUNTY OF FREDERICK, 14RGINIA v /� TO BENEFIT THE LAND OF THE OLDS WOOLEN MILL, LLC ELLIOTT STONEWALL MAGISTERIAL DISTRICT N0. , 1318E, 1 �1 H FREDERICK COUNTY, VIRGINIA iR3 DATE: MARCH 74, 2073 SCALE 1"--60' l 1205008- SonSewer -ESMT DAS wmmW PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662 -5792 Winchester, Virginia 22601 Facsimile (540) 662 -5793 rmalmms Email: office ®painterlewis. com s: LEayo e�o-gl«o5ooe- �a.mixmar� "Qea�woat w.»e�na�IZO5o035 @ra.E4ttdw9 - e - -- r �I ©PR. MANHOLE (FUTURE ■ TOP = 615.00 'C PR. 8" INV. OUT= 610.3\ let B p - . l 50 � ST10g Jobe, Et A(s 33 —A -159 Zoned. RA (NST.# 010016596 Zone 1 0 , o A Use: c(eorbro D. B. 396 P. � i H N / 7 'A \ EX. MANHOLE TOP = 613.89 EX, a" INV. IN = 607.04 \ l EX. 8" INV. OUT= 607.04 \ \ 7 PR. 8" INV. IN = 607.29 1 7 / \\ 7 7 Yy f YYYYYYY' 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: March 20, 2013 SUBJECT: Finance Committee Report and Recommendations The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, March 20, 2013 at 8:00 a.m. All members were present. 1. The NRADC Superintendent requests a NRADC Fund supplemental appropriation in the amount of $30,464.85. This amount represents insurance reimbursements for storm damage. No local funds required. See attached information, p. 7. The committee recommends approval. 2. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $9,175.04. This amount represents an insurance reimbursement for storm damage. No local funds required. See attached information, p. 8. The committee recommends approval. 3. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $44,500. This amount represents funds received from the general contractor for damages sustained to the roof surface at the Bowman Library during construction. The general contractor has provided one half of the estimated cost of the roof repair. The other half will come from library proffer funds that were previously appropriated for the installation of a 107 North Kent Street • Winchester, Virginia 22601 1 Finance Committee Report and Recommendations March 20, 2013 12 walkway at the library. See attached information, p. 9. The committee recommends approval. 4. The Finance Director requests discussion on budget amendments to cover large tax refunds. See example, p. 10. No action required. 5. The County Administrator requests discussion on tax exemption for The Village at Orchard Ridge. See attached information, p. 11— 20. The committee recommends postponement of the request until additional information can be presented to the committee. 6. Requested information on outside agency funding requests is provided for discussion. A summary of the requests is attached, p. 21. Detailed requests have been uploaded to SkyDrive. Click here to view /download: http: / /sdrv.ms /16uw4PN No action required. A joint Finance Committee & Board of Supervisors budget work session will be held at 12:00 noon on Wednesday, April 3, 2013 in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer report for February 2013. See attached, p. 22. 2. The Finance Director provides 2/28/13 financial statements. See attached, p 23 — 33. 3. The Finance Director provides 3/14/13 General Fund fund balance report. See attached, p. 34. 2 A Finance Committee meeting was held on Wednesday, March 20, 2013 at 8:00 A.M., in the First Floor Conference Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Bill M. Ewing; Richard C. Shickle; Charles S. DeHaven; Gary A. Lofton; Ron Hottle; Judy McCann - Slaughter; and Ellen Murphy, Commissioner of the Revenue (non- voting liaison). OTHERS PRESENT John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Cheryl B. Shiffler, Finance Director; Rod Williams, County Attorney; Sharon Kibler, Assistant Finance Director; Jennifer L. Place, Budget Analyst; Lisa Saville, Lieutenant NRADC; and Larry Bradshaw, President and CEO — National Lutheran Communities & Services, Inc. CALL TO ORDER Chairman Ewing called the meeting to order. AGENDA ITEMS Chairman Ewing proposed an amendment to the agenda to add a supplemental appropriation request from Assistant Administrator Tierney as item 3. Hearing no discussion, the agenda was amended. 1. The NRADC Superintendent requested a NRADC Fund supplemental appropriation in the amount of $30,464.85. This amount represents insurance reimbursements for storm damage. No local funds required. See attached information, p. 1. Upon a motion by Committee Member Hottle, seconded by Committee Member DeHaven, the request was unanimously approved. 2. The Assistant County Administrator requested a General Fund supplemental appropriation in the amount of $9,175.04. This amount represents an insurance reimbursement for storm damage. No local funds required. See attached information, p. 2. Upon a motion by Committee Member Hottle, seconded by Committee Member DeHaven, the request was unanimously approved. 3. The Assistant County Administrator requested a General Fund supplemental appropriation in the amount of $44,500. This amount represents funds received from the general contractor for damages sustained to the roof surface at the Bowman Library during construction. The general 3 contractor has provided one half of the estimated cost of the roof repair. The other half will come from library proffer funds that were previously appropriated for the installation of a walkway at the library. See attached information, p. 3. Upon a motion by Committee Member DeHaven, seconded by Committee Member Hottle, the request was unanimously approved. 4. The Finance Director requested discussion on budget amendments to cover large tax refunds. See example, p. 4. Finance Director Shiffler presented the following concerns with issuing tax refunds without an accompanying budget amendment: a. Income statement is incorrect due to refunds normally being from revenue collected in prior years; b. Unbudgeted disbursements reduce the opportunity to increase fund balance at year end; c. There is no expenditure recorded for the refund, therefore there is no mechanism to track refunds. Chairman Ewing asked for an explanation of the cause for refunds. Commissioner of the Revenue Murphy responded that manufacturers file their tax information; however, when mistakes are discovered they utilize an appeals process to request a refund. She stated that in this particular case [i.e. Southestern Container], the State disallowed items that the County had not and through an appeals process the refund was granted. Committee Member Shickle suggested that, moving forward, if a refund is requested for prior year revenue, a supplemental appropriation request should accompany the refund request. Ms. Shiffler will provide a detail of all refunds granted for the current fiscal year to date at the next Finance Committee meeting. 5. The County Administrator requested discussion on the development of a payment in lieu of taxes agreement between the County and The Village at Orchard Ridge. See attached information, p. 5 — 13. Chairman Ewing abstained from this item due to a conflict and turned the meeting over to Committee Member DeHaven to chair. Administrator Riley presented a brief summary regarding a similar agreement that the County currently has with Westminster- Canterbury of Winchester, Inc. (See attached contract, p. 14.) 0 He also reported that at the time of the Westminster agreement, requests were not handled at the local level, but granted by the General Assembly. That procedure has changed and localities now review and grant exemptions for properties within their jurisdiction. Commissioner of the Revenue Murphy stated that other like organizations operate within the County who do not have a payment in lieu of taxes agreement. Most other tax exempt organizations in the County were granted by the General Assembly. Mrs. Murphy had previously reviewed this request and denied it due State Code restrictions. She noted the chapel and the critical care portions of The Village at Orchard Ridge have been granted a tax exemption. Committee Member Lofton asked why this request was being presented now and not at the time the project was approved. Mr. Bradshaw responded there were facts unknown to him at the time of project approval. He was originally unaware that Westminster- Canterbury had this type of agreement with the County and by not granting the same status to The Village at Orchard Ridge would put them at a competitive disadvantage. Mr. Bradshaw also stated that the project provides proffers, jobs, and other taxable development. The committee expressed concerns that when The Village at Orchard Ridge project was originally presented to the County, it was believed to be primarily taxable. Committee Member Lofton, seconded by Committee Member Hottle, made a motion to postpone the request until the following additional information could be presented to the committee: a. Provide the fiscal impact to the County if this requested is granted; b. Provide information on the actions taken by other localities in the State when presented with a similar request; c. Provide a review of existing tax exempt organizations in the County to determine if there should /could be any re- evaluations. The request for postponement was unanimously approved. 5 6. Outside agency funding requests were provided for discussion. A summary of the requests is attached, p. 15. Detailed requests have been uploaded to SkyDrive. Click here to view /download: http: / /sdrv.ms /16uw4PN Administrator Riley gave a brief summary of how outside agency requests have been handled in the past. The committee had the following comments regarding outside agency funding: a. Would like to see temporary capital requests considered; b. Prefer County contributions to be more performance based and review performance annually in order to assess the value provided by agency to the community compared to the County's contribution. c. Request staff identify those outside agencies having multi - jurisdictional support. Administrator Riley requested that committee members advise staff of individual concerns and /or requests for information prior to the next budget work session. OTHER BUSINESS Chairman Ewing requested a budget work session be scheduled between the March 27, 2013 budget public hearing and the April 10, 2013 budget adoption. A joint Finance Committee & Board of Supervisors budget work session will be held at 12:00 noon on Wednesday, April 3, 2013 in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. ADJOURNMENT There being no further business, the meeting adjourned at 8:55 A.M. INFORMATION ONLY 1. The Finance Director provided a Fund 10 Transfer report for February 2013. See attached, p. 16. 2. The Finance Director provided 2/28/13 financial statements. See attached, p 17 — 26. 3. The Finance Director provided 3/14/13 General Fund fund balance report. See attached, p. 27. 9 Northwestern Regional Adult Detention Center James F. Whitley - Superintendent a �SI t G-t 141 Fort Collier Road, Winchester, VA 22603 yr (540) 665 -6374 (540) 665-1615 FAX x MEMORANDUM TO: Cheryl Shiffler, Frederick County Finance Director FROM: James F. Whitley, Superintendent 40 DATE: March 13, 2013 SUBJECT: Insurance Reim bursement Request that a total of $30,464.85 be appropriated to the following Jail line items in the identified amounts: Line item 4- 011 - 033010- 3004 -01 $ 8,528.48 Line item 4- 011 - 033010- 3004 -03 $ 3,543.39 Line item 4 -011- 033010- 3004 -04 $10,147.85 Line item 4- 011 - 033010 - 5204 -00 $ 6,342.41 Line item 4 -011- 033010 - 5401 -00 $ 1,902.72 This amount represents VACORP insurance reimbursements for damages sustained to the Jail during storm activity. Thank you for your consideration of this request. 3-0� 1 -0 o -coo) MAR 13 2013 Finance Departmeri "Serving the Criminf Justice System Since 1991" COUNTY of FREDERICK � Kris C. Tierney MEMORANDUM Assistant County Administrator 5401665 -5666 Fax 5401667 -0370 TO: Finance Committee E -mail: ktierney@co.frederick.va.us FROM: Kris C. Tierney, Assistant County Administrator �7 RE: Request from Supplemental Appropriation - insurance Payment for Property Damage DATE: February 27, 2013 The County has received an insurance payment in the amount of $9,175.04 as partial payment for repair costs resulting from water and wind damage to the County Administration Building from Hurricane Sandy on October 29, 2012. The payment reflects the cost of repairs, minus the $1,000 deductible. Attachments document the transaction. We are requesting the funds be placed back in the Maintenance Department's 010 - 043040- 3004 -00 -003 line item. Please let me know if I can answer any questions. r•e�1a��c . , r Wu 'Y FEB 2 7 2013 Fironre 003P8r"6'nt I Q9 107 North Kent Street • ,Winchester, Virginia 22601 MEMORANDUM TO: Finance Committee Members FROM: Kris C. Tierney, Assistant County Administrator RE: Request for Allocation — Bowman Library Roof Repair DATE: March 12, 2013 The Bowman Library opened in 2001. The building has a standing seam metal roof which was installed in January of the same year. In January of 2012 maintenance staff noticed numerous rust spots on the roof. Attempts to have the roof repaired or replaced under the warranty failed after close inspection of the roof revealed the rust had developed as a result of scratches to the roof surface which penetrated the zinc coating and damaged the steel substrate, thus the warranty was void. Based on the belief that the scratches occurred during construction, the general contractor on the library project was contacted. Following lengthy discussions, the GC agreed to provide one half of the estimated amount needed to recoat the roof. Staff is requesting that $44,500 be appropriated to line item #010 - 043040 - 3004 -003. The intention is to utilize library proffer funds which have already been appropriated to cover the other half of the anticipated cost. An invitation to bid went out on March 6, 2013. It is anticipated that a contract will be awarded in April with the work to be completed within 90 days of the award. Please let me know if I can answer any questions. 9 C. William Orndoff, Jr. Treasurer - 107 North Kent Street Winchester, Virginia 22601 SOUTHEASTERN CONTAINER PO BOX 1880 WINCHESTER VA 22604 000056925 DESCRIPTION GENERAL. LEDGER AMOUNT REFUNf7 PP07 -PP10 3- :.'10. 11010. 99 ._ . $346, 349.18 REFUM INTEREST 4 10 12240 5808 600,000 $151,670.48 ` C , Rust Be Lashed 0 00056925 Within Six Months 68- 139514 Of Check Hate 1 PAY February 22, 2013 TO TH .. ORD R SO UTHEASTERN CONTAINER 49 997�66 J .. � y Four Hundred Nine -Nine Thousand Nine Hundred Seventy-Nine Dollars And 66 /Cents BBM- er.a a Cnnp& FOR REFUND .. M0.9. ft 0 - THE VILLAGE AT ORCHARD RIDGE January 3, 2013 Overview The Village at Orchard Ridge ('TVOR) is a faith based Virginia, 501(c)3 not - for -profit organization whose sole member is National Lutheran Communities & Services (NLCS), a Maryland 501(c)3 not - far -profit organization. NLCS has been providing services to seniors in Maryland and the District of Columbia since 1890. NLCS expanded its services to Virginia in 2011 through the acquisition of a rental moderate price community in Staunton, VA and will open '1vOR in February 2013. NLCS corporate membership includes the threc adjoining Synods of the Evangelical Lutheran Church in America (ELCA). All NLCS related communities serve individuals and couples of all faiths and backgrounds at each of its communities. In its 122 years of service to seniors, NLCS has never asked anyone to leave their community due to lack of resources. The organization currently provides annual benevolent care and discounted services amounting to approximately $5 million, which accounts to 16% of annual gross revenue. The mission of the organization is as follows: "To fulfill its Christian ministry, National Lutheran Communities & Services provides an array of options for seniors including residential living along with home and health care services which are designed to meet individual needs." What do Nonprofit organizations stand for? In December 2012, the Johns Hopkins University — Center for Society Studies released a paper to answer the questions "What do Nonprofit Stand For — Renewing the nonprofit value commitment". The study identified the following seven features commonly associated with the nonprofit sector: • Productive — creating jobs and economic value; mobilizing assets to address public problems; enhancing local economic vitality. • Empowering — mobilizing & empowering citizens; contributing to public discourse; providing opportunities for civic engagement for the public good. • Effective — providing programs & services of the highest quality at reasonable cost; making a difference in the lives of the individuals and the community. .. Enriching — giving expression to central human values; providing opportunities for people to learn and grow; fostering intellectual, scientific, cultural &. spiritual development; preserving culture & history; promoting creativity. Reliable -- resilient and demonstrating staying power both in good times and bad; operating in a trustworthy and accountable manner + Responsive -- responding to clients, patrons and communities; meeting needs that the market and government don't meet; pursuing innovative approaches when needed. • Caring -- serving underserved populations; providing serviceslptiograms at reduced or no cost to disadvantaged populations; community focused. 11 How does TVOR reflect the above values in their resident community and the community at large? Productive ❖ TVOR will provide approximately 100 jobs each year. During the TVOR construction project there were 1,200 hard hat stickers issued to workers on the project. ❖ Approximately 98 different contractors have worked on the TVOR project. 4- TVOR is currently negotiating with local farmers to build a local sustainable agricultural program which will provide most of the food utilized at TVOR. •:• TVOR will have a vibrant volunteer program which will provide opportunities for the Frederick County community at large to participate in the Community. Empowering •. TVOR Staff has met with members of the Frederick County Parks and Recreation department to discuss possible collaborations to build a second pool at the TVOR site to provide practice facilities for local school districts. o• TVOR has been approached about collaborating on a project to provide a cart path that would ultimately connect Valley Health with the Rock Harbor Golf Club and "green ring ". • , TVOR has filed applications to provide home health services to the greater Frederick County area beyond the boundaries of TVOR. ❖ TVOR is in discussions with Valley Health to provide "SaferAging Technology" as part of the post discharge regiment of patients going back home from the hospital. •b TVOR can be a significant partner in transitional care that will have a positive impact on the community and as a synergistic component for both TVOR and Valley Health. ,• TVOR will provide $1 million to the county to build a new fire station in December, 2014. Effective -e TVOR will provide independent living, assisted living/memory support and skilled nursing at its community. Short-term rehabilitation will be a component of the skilled nursing community during the early years of operation. •3 Additionally, TVOR will provide 25 rental units which will provide an additional option for those individual or couples whose resources fit better with a rental versus and entry fee product. Enriching ❖ The residents at TVOR will represent all aspects of respectful and dignified aging. It is expected that TVOR will help teach individuals how to age as they go through the continuum care by providing comfort, care, compassion and respect. TVOR will provide a robust Life Enrichment program to foster a culture of lifelong learning in the community. This will be done through internal and external programs brought to the community but also through collaborative efforts with local organizations including Shenandoah University. A catalogue of activities will be developed on a quarterly basis which will at times be made available to the Frederick County community at large. 4• T'VOR will seek through collaboration with Valley Health a Clinical Pastoral Education that will help instruct clergy from all faiths to better serve seniors in all phases of the aging process. ❖ Each resident at TVOR has a unique story and life experience. Through the use of collaboration with "LifeBio ", these stories will not be lost but preserved through interviews 12 and observations. A collaboration with Iocal schools to help document these life experiences has been successful throughout other areas of the country and the intent will be to establish these collaborations with TVOR. Reliable TVOR is a part of the NLCS organization which has demonstrated over 122 years of service its commitment to serving senior. While this mission has primarily been in the District of Columbia and in Maryland, the organization now has a presence in Virginia to enhance this long legacy of service. ti• NLCS as an organization is committed to developing an annual Community Impact report which will reflect the impact of each community in its local area. Even prior to opening, TVOR has participated in the annual Apple Blossom Festival along with community volunteer activities in the holiday season. Responsive •l: The Center for Medicare Studies has provided data which indicates the gap in services available to seniors in communities such as TVOR. The Center indicates that for every individual in a skilled nursing care, eight seniors are living alone or with a well caregiver or family member. To respond to this issue, TVOR will actively provide services outside the boundaries of the TVOR community. • Innovative products such as SaferAging Technology will provide technology in individuals' homes that can alert emergency responders to health or safety issues, enhancing the quality of life in the senior's home. Caring ❖ TVOR, consistent with the long history of NLCS, will provide a benevolent care program to those individuals who can no longer afford their care. • TVOR will never ask anyone to leave the community due to a lack of financial resources through no fault of their own. •.+ TVOR will provide jobs for some of the youth of Frederick County. For many of them this will be their first job experience, The experience of working with seniors in their community and in an environment of care will hopefully enhance their view of seniors and provide a springboard for work ethic, compassion and caring. Other Issues 4- TVOR understands that there is no longer a legislative solution to achieve either a full or partial tax exemption and understands that it is at the discretion of each County to provide such a tax abatement. + This precedent of tax abatement has been established in Frederick County with Westminster Canterbury — Shenandoah Valley. Pursuant to budget information provided on the County website Westminster Canterbury seems to provide approximately $25,589 annually to the County for a payment in lieu of taxes. •:• There will be approximately 300 residents living on the TVOR campus when Phase I is full. Of the current depositors on record, only 23% currently reside in Frederick County. In addition to the jobs depicted above, that means there may be as many as 220 to 230 new residents in Frederick County that are currently living elsewhere. These individuals will be a vibrant part of the community contributing funds for shopping, visitors, etc. to the County and City revenue levels. *S TVOR has provided infrastructure to enhance the area off of Route 50 where the community will reside. Just this week, it appears that a new national pharmacy chain is considering this 13 area and requested projected census information for TVOR to help support their decision to re- locate to this area of Frederick County. :• TVOR as a senior living community will not contribute to traffic or infrastructure issues and will not put any burden on schools or education resources. There will be additional demands on fire and rescue, but the $1 million payment to support the fire station will significantly enhance the county fire and rescue facilities. *:* There is an inherent competitive imbalance between the two not - for - profit Continuing Care Retirement Communities in Frederick County, given the potential difference in payments for real estate taxes between the two communities. In summary, The Village at Orchard Ridge will be a vibrant part of the Frederick County Community for all of the reasons described above. For the reasons illustrated above, The Village at Orchard Ridge respects consideration from the county to develop a Payment in Lieu of Taxes program consistent with what has been provided to the other Continuing Care Retirement Community in Frederick County. Providing this option to The Village at Orchard Ridge will create a competitive balance to providing services to senior in the Shenandoah Valley. Thanks for your consideration. 4 14 DRAFT The Village At Orchard Ridge Tax Abatement Considerations January 3, 2413 Governing Body shall consider, 1. Whether the organization is IRC §501(c) tax exempt. The Village at Orchard Ridge (TVOR) is exempt from federal income taxes as a 501(c)(3) organization. The effective date of exemption is October 15, 2008, pursuant to a determination letter dated June 24, 2010 issued by the Internal Revenue Service (attached). 2. Whether the organization has a current annual ABC license for the property. TVOR has applied for an ABC license, but until the Business License for the community is received following construction completion, the ABC licerm will not be available. 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation. TVOR and its parent organization, National Lutheran Communities & Services, conduct salary surveys at least every three years to assure that compensation is adequate and not in excess of a reasonable allowance. The survey is conducted by a third party Human Resources professional to assure a reasonable salary structure. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by the organization is generated by funds received from donations, contributions, or local, state or federal grants. As a not -for- profit organization, no part of the net earnings of the organization inure to the benefit of any individual. Additionally, net eamings of the organization are invested into the business in order to assurelenhance current and future services to the residents of TVOR. TVOR is funded through entry fees and monthly fees paid by the residents of the community, It is anticipated that TVOR may participate in the Medicare and Medicaid programs for skilled nursing services. The community receives no federal or state grants, and the community will solicit donations to support its benevolent and capital causes as necessary. 5. Whether the organization provides services for the common good of the public. TVOR will be providing housing and health services to both residents of Frederick County and beyond the county's boundaries. In addition, the community will provide activities, meals and other services related to quality aging services. The organization, in its 122 years of history, has never asked any resident to leave its community due to a lack of sufficient funds to pay for the 15 resident's room, board and care. The organization currently provides approximately $5 million in annual free and discounted care to its residents. 6, Whether a substantial part of the activities of the organization involves carrying on propaganda or attempting to influence legislations and whether the organization participates in political campaigns. TVOR does not carry on any propaganda or participate in political campaigns. TVOR is a member of the Virginia Association of Not - for - Profit Homes for the Aging and LeadingAge. Both of these service organizations advocate for legislative issues important to seniors, TVOR may from time to time contact its governmental representatives to express views on pending legislation. 7. The revenue impact to the locality and its taxpayers of exempting the property, •;• There will be approximately 300 residents living on the TVOR campus when Phase I is fully occupied. Of the current depositors on record, only 23% currently reside in Frederick County. In addition to the new jobs created by TVOR, there may be as many as 220 to 230 new residents in Frederick County who are currently living elsewhere. These individuals will be a vibrant part of the community, contributing income taxes, sales taxes and personal property taxes to Frederick County, as well as generating taxes and economic development within Frederick County from their (and their families' and visitors') purchases of goods and services from County based businesses. C+ TVOR has provided infrastructure to enhance the area off of Route 50 where the community is located. It has recently come to our attention that a new national pharmacy chain is considering the area and has requested projected census information from TVOR to help support its decision to locate to this area of Frederick County. :• As a senior living community, TVOR will not contribute to traffic or infrastructure issues and will not put any burden on schools or education resources. There will be additional demands on fire and rescue services, but TVOR's $1 million payment to support a new fire station will significantly enhance the county fire and rescue facilities. 8. Any other criteria, facts and circumstances that the Board deems pertinent. The County's precedent for tax abatement has been established already with a Payment in Lieu of Taxes program established for Westminster Canterbury of Winchester, dating from November 18, 1985. The agreement between Frederick County and Westminster Canterbury requires an annual payment of one tenth of one percent (.01%) of the assessed value of Westminster Canterbury's property. Pursuant to a letter from Ellen Murphy, the Frederick County Commissioner of Revenue, to John Riley, County Administrator, the gross assessment of TVOR's property will be $43,502,400. Assuming that TVOR and the County enter into an agreement that is similar to the agreement between Frederick County and Westminster Canterbury, the annual Payment in Lieu of Taxes for TVOR would be $43,502.40. TVOR assumes, however, that this number will change as the assessment on the community changes over time and future phases of the project are constructed, 2 16 There is a chapel on the community's campus that will be available to both residents of the community, and residents generally of Frederick County. The chapel will be used for both religious services and for activities that will be open to the general public. The community's campus will also include a licensed nursing home, which will be operated strictly on a not - for - profit basis. It was shared with us by Mr. Shickle that as TVOR was proceeding through the zoning process, a request for tax exemption or abatement was never mentioned by the organization. As I was not a part of that process, I cannot confirm anything that may have been said. However, there are good reasons why TVOR did not request an exemption at that time: • The tax exempt status of TVOR was not yet confirmed by the Internal Revenue Service. While the exemption may have been anticipated at that time, without a determination letter from the IRS, any discussion of a tax exemption during the zoning process would have been moot. • The zoning process was handled by the seller of the property to TVOR, with relatively Iimited input and involvement from TVOR. TVOR did not own the property at the time of the rezoning. In all likelihood, the property seller was unaware of the issues involved (since it was not eligible for a tax exemption itself), and therefore did not ask for an exemption. There may be other reasons, but given the organization's change in leadership since that time, any other reasons for not mentioning the issue are purely speculation. It was also shared by Mr. Riley that the inducement resolution clearly indicates, as required by the resolution in Line 3, that the "Estimated real property tax per year using present tax rates" would be $189,978. Given that TVOR never discussed any kind of tax arrangements with the County and was unaware of the agreement with Westminster Canterbury, the figure noted was based solely on the current tax rate, without regard to TVOR's eligibility for tax exemptions or abatement. Additional justification and information about The Village at Orchard Ridge is also attached to this document. 3 17 JUN- 25 -20i0 1057 IP,S TEGE DIVISION nUERN'AL REVENUE 9TTR'VICE P. o. SQx 2508 CINCINNATI, OH 45201 Data: JUN 2 4 2010 TITS VILLAGE AT ORCHARD RIDGE - INC C/o T}IEpDORE R GOLDSTOCK 3 HET=SDA METRO CENTER STE 460 BETHESDA, MD 20814• Dear Applicant: 626 312 2926 P.02 DEPARTMENT OF THE TREASURY Employer Identification Nwnber! 26- 3445374 DLNs 17053327361029 contact Person: TYRONE T140MAS ID# 95 04 6 Contact TelcphOnO Number: (877) 829 -5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) corm 990 Requiredi Yes Effective Date of Exemption: October 15, 2000 Contribution Deductibility: Yea Addendum Appliaa: No We are Pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax Under Section 541(0) {3} of the Internal Revenue code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under eeation 2055, 2104 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keen it in your perTmaaent records. Organizations exempt under section 501(d)(3) of the Code are further ciseslfied as either public charities or private f0undatlOns. we determined that you are a public chari.tyr under the Code secti0n(s) listed in the heading of thi.g letter. Please see enclosed PublicatiQn 4221 -PC, Compliance Guide for 501(c)(3) P%bliC Charities, for some helpful inrQrmazion about your responsibilities as an exempt organization. Letter 947 (D4 /CG) i .TLA -25-2010 10 57 IRS TEGE D1U1S10N 626 312 2926 R.03 _2_ THE VILLAGE AT ORCHARD RIDGE YNC we have sent a COPY Of this letter to your representative as indicated in your power of attorney. Sincerely, 1 Rp17ert Choi Director, Exempt Organizations Rulings and Agreements Znalosure. Publication 4221 -PC Letter 947 (DQ /Qa) 19 TnTAl P. m r THIS AGREF FNT made and dated this 18th day of November 1985, by and between the COUNTY OF FREDERICK, VIRGINIA, the party of the first part, and WESTMINSTER- CANTERBURY OF WINCHESTER, INC, the party of the second part. WHEREAS: WESTMINSTER- CANTERBURY OF WINCHESTER, INC. is proceeding with the construction of the initial complex of a planned retirement community off Route 522, North, part of which complex is to be located within the County of Frederick and part within the City of Winchester. WHEREAS: WESTMINSTER - CANTERBURY OF WINCHESTER, INC, desires to obtain the support of FIRE AND EMERGENCY SERVICES, HFALTH,PARKS AND RECREATION, SHERIFF, TRANSPORTATION and any other services provided by the COUNTY OF FREDERICK. WHEREAS: The COUNTY OF FREDERICK agrees to provide support of the afore- mentioned services to the entire complex, including both County and City portions; THEREFORE, WESTMINSTER- CANIERBURY OF WINCHESTER, INC. agrees to compensate the COUNTY OF FREDERICK for providing these services. THEREFORE, the amount of annual charges shall be determined on January 1st of each year, based upon the assessed value of real estate in the name of WESTMINSTER - CANTERBURY OF WINCHESTER, INC. on that date of each year. The rate is established at 1 /10 of 1% of the assessed value of said property. It is mutually understood and hereby expressly agreed by the parties hereto that the C0= OF FREDERICK has the authority to collect the annual charges and WESTMINSTER- CANTERBURY OF WINCHESTETt, INC. shall pay to or as directed the annual charge. In Witness Whereof, the following authorized signatures of the respective parties hereto, affixed upon duplicate copies hereof, on the date first above mentioned. ODUNiY OF FREDERICK, VIRGINIA BY (h( t __ Jo Riley, Jr. ty Administrato ATTEST: WESTMINSTER - CANTERBURY OF WINCHESTER, Il BY / 1 George L "omine Presiden Board of Trustees ATTEST: �c�c 20 0 u: ri O N N Op M � O m N M 'a ri y O > N 0 N Q. ri Q W N a U � Z W N a W 0 N H LL. 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W N N N l0 00 14 V? m O F r N 3/5/2013 FY13 Budget Transfer Report for February PAGE 1 DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 2/1/2013 SHERIFF CAREER DEVELOPMENT 3102 1001 000 000 8,012.57 SHERIFF 31021002 000 000 16,899.90 SHERIFF 31021007 000 001 (24,912.47) 2/11/2013 COUNTY OFFICE BUILDINGS /COURT LEASING OF EMERGENCY GENERATOR 43043010 000 000 (5,000.00) COUNTY OFFICE BUILDINGS /COURT 4304 9001 000 000 5,000.00 2/11/2013 COMMONWEALTH'S ATTORNEY TRANSFER DUE TO NEGATIVE BALANCE 2201 5409 000 000 (200.00) COMMONWEALTH'S ATTORNEY 22015413 000 000 200.00 2/12/2013 COUNTY OFFICE BUILDINGS /COURT GENERATOR REPAIRS AT CAB 4304 3010 000 005 (3,000.00) COUNTY OFFICE BUILDINGS /COURT 4304 3004 000 001 3,000.00 2/12/2013 ECONOMIC DEVELOPMENT COMMISSION OTHER OPERATING EXPENSES 8102 3002 000 006 (1,000.00) ECONOMIC DEVELOPMENT COMMISSION 8102 5413 000 000 1,000.00 2/12/2013 TREASURER VGFOA DUES 1213 5401 000 000 (50.00) TREASURER 1213 5801 000 000 50.00 2/14/2013 JUVENILE COURT PROBATION COST OF PRINTERS AND SUPPLIES 3303 5506 000 000 (170.00) JUVENILE COURT PROBATION 3303 5401 000 000 170.00 2/14/2013 JUVENILE COURT PROBATION DRUG SCREENING DEVICES 3303 5506 000 000 (393.75) JUVENILE COURT PROBATION 3303 5404 000 001 393.75 2/15/2013 ELECTORAL BOARD AND OFFICIALS BALANCE LINE ITEM 1301 1006 000 002 (385.00) ELECTORAL BOARD AND OFFICIALS 1301 1003 000 000 385.00 2/15/2013 SOCIAL SERVICES ADMINISTRATION RECLASS /PROMOTING SAFE AND STABLE FAMILIES 53161001 000 000 (24,027.90) SOCIAL SERVICES PUBLIC ASSISTANCE 53175866 000 000 24,027.90 2/19/2013 ANIMAL SHELTER SUPPLEMENT REMAINDER OF FY13 4305 5413 000 000 (500.00) ANIMAL SHELTER 4305 4003 000 002 500.00 2/20/2013 INFORMATION TECHNOLOGY DELL VIRTUALIZATION EQUIPMENT 1220 8007 000 003 (84,392.24) INFORMATION TECHNOLOGY 12209001 000 000 84,392.24 2/26/2013 REASSESSMENT /BOARD OF ASSESSORS PAYOUT BALANCE 1210 1001 000 041 (2,052.00) REASSESSMENT /BOARD OF ASSESSORS 12101001 000 006 2,052.00 2/27/2013 COUNTY OFFICE BUILDINGS /COURT EMERGENCY GENERATOR REPAIR 4304 3010 000 000 (2,164.00) COUNTY OFFICE BUILDINGS /COURT 4304 3004 000 001 2,164.00 3/1/2013 PARKS AND RECREATION ADMINISTRATION VRPS CONFERENCE 7101 5506 000 000 (94.35) PARKS MAINTENACE 7103 5506 000 000 94.35 3/1/2013 PARKS MAINTENACE NPSI RECERTIFICATION 7103 5506 000 000 50.65 SHERANDO PARK 7110 5413 000 000 (50.65) 3/4/2013 COMMONWEALTH'S ATTORNEY NEGATIVE BALANCE 2201 5204 000 000 (550.00) COMMONWEALTH'S ATTORNEY 22015413 000 000 550.00 3/4/2013 COMMISSIONER OFTHE REVENUE REPLACE COMPUTER 1209 5401 000 000 900.00 3/5/2013 COUNTYATTORNEY ADDITIONAL DUES ITEM 1202 5401 000 000 (20.00) COUNTY ATTORNEY 1202 5801 000 000 20.00 3/5/2013 PARKS MAINTENANCE FITNESS EQUIPMENT AT CENTERS 7103 3010 000 000 2,826.73 CLEARBROOK PARK 7109 3004 000 001 (2,826.73) 22 County of Frederick General Fund February 28, 2013 ASSETS FY13 FY12 1,495,951.17 2/28/2013 2/29/2012 Cash and Cash Equivalents 34,895,949.16 30,007,289.17 Petty Cash 1,555.00 1,555.00 Receivables: 6,781,432.03 606,672.22 Taxes, Commonwealth, Reimb. P/P 5,314,218.64 4,723,374.77 Streetlights 1,302.81 1,492.67 Commonwealth,Federal,45 day Taxes 24,565.80 31,018.86 Due from Fred. Co. San. Auth. 734,939.23 734,939.23 Prepaid Postage 6,624.84 4,230.28 GL controls (est.rev / est. exp) (12.234.683.02) (6,625,711.52) TOTAL ASSETS 28.744.472.46 28,878,188.46 LIABILITIES Accrued Liabilities Performance Bonds Payable Taxes Collected in Advance Deferred Revenue TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrance General Fund Conservation Easement Peg Grant Prepaid Items Advances Employee Benefits Courthouse ADA Fees Historical Markers Transportation Reserve Animal Shelter Proffers Economic Development Incentive Star Fort Fees VDOT Revenue Sharing Undesignated Adjusted Fund Balance TOTAL EQUITY TOTAL LIAB. & EQUITY Increase (Decrease) 4,888,659.99 *A 0.00 590,843.87 *B (189.86) (6,453.06) 0.00 2,394.56 (5,608,971.50) (1) Attached (133,716.00) 364,027.00 391,398.78 (27,371.78) *C 1,495,951.17 1,546,193.63 (50,242.46) 187,729.54 107,207.94 80,521.60 5,340,396.54 4,736,631.68 603,764.86 *D 7,388,104.25 6,781,432.03 606,672.22 539,929.43 195,058.43 344,871.00 (2) Attached 2,135.00 1,635.00 500.00 128,354.00 82,948.40 45,405.60 949.63 949.63 0.00 734,939.23 734,939.23 0.00 93,120.82 93,120.82 0.00 124,084.63 75,601.48 48,483.15 17,227.91 17,194.14 33.77 377,396.00 438,300.00 (60,904.00) *E 325, 780.61 309, 579.84 16, 200.77 1,630,662.27 1,640,089.10 (9,426.83) (3) Attached 550,000.00 687.01 549,312.99 *F 0.00 4,261.53 (4,261.53) 436,270.00 436,270.00 0.00 16.395.518.68 18,066,121.82 (1,670,603.14) (4) Attached 21.356.368.21 22,096,756.43 (740,388.22) 28.744.472.46 28,878,188.46 (133,716.00) 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 Due to Rt. 11 N. Project(Board Action 2/27/13). *F The current $550,000 represents Carmeuse Lime and Stone local incentive. 23 BALANCE SHEET (1) GL Controls FY13 FY12 Inc /(Decrease) Est. Revenue 123, 211, 981 121, 785,110 1,426,871 Appropriations (59,762,672) (56,261,785) (3,500,887) Est.Tr.to Other fds (76,223,922) (72,344,095) (3,879,826) Encumbrances 539,929 195,058 344,871 1,630,662.27 (12,234,683) (6,625,712) (5,608,972) (2) General Fund Purchase Orders Outstanding 2/28/13 DEPARTMENT Fire and Rescue EDC IT Stephens City Fire & Rescue Parks Sheriff Total Amount Description 13,117.27 Uniforms 29,373.65 Chevy Tahoe 14,580.94 HAZ MAT Equipment 2,994.35 Promotional Supplies for Volunteer Recruitment 3,015.99 Scott SCBA Repair 3,851.16 Fire Service Test Banks 4,995.00 Annual License to Access Detailed Workforce Information 5,421.90 2 Microsoft Exchange Servers 5,195.00 Tile Replacement 8,750.00 Bathroom Renovation 57,699.00 2013 Bus 78,061.00 3 Toro Mowers 23,460.00 F150 4X4 10,150.00 100 WIFI Antennas and Mounts 227,016.00 9 Police Interceptor Sedans 2,820.00 Reflective Marking Kits 22,974.00 Lightbars and Adapter Kits 22,942.22 Ammunition 3,511.95 Computer Forensics Software& Equipment 539.929.43 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 Balancer &2 /28/13 1 722,838.19 105,037.47 280,362.07 522,424.54 1,630,662.27 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 Sheriff 19,199.00 Solid Waste 12,000.00 Stop Lights 26,000.00 Total 522,424.54 Other Proffers @2/28/13 (4) Fund Balance Adjusted Beginning Balance 2/13 22,381,090.33 Revenue 2/13 70,334,192.58 Expenditures 2/13 (34,701,997.63) Transfers 2/13 (41,617,766.60) 2/13 Adjusted Fund Balance 16,395,518.68 24 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance February 28, 2013 EXPENDITURES: General Administration 9,486,474.44 FY13 FY 12 YTD Judicial Administration REVENUES: 1,312,574.29 2/28/2013 2/29/2012 Actual 26,519,468.11 17,000,167.06 Appropriated Actual Actual Variance 2,344,034.33 General Property Taxes 82,285,000.00 39,238,663.36 36,328,564.31 2,910,099.05 (1) Other local taxes 27,145,651.00 14,681,322.87 14,088,513.49 592,809.38 (2) Permits & Privilege fees 904,250.00 790,959.77 663,296.39 127,663.38 (3) Revenue from use of money 1,116,424.31 1,101,318.06 15,106.25 TOTAL EXPENDITURES 56,758,296.64 and property 173,500.56 200,109.68 129,238.20 70,871.48 (4) Charges for Services 2,250,180.00 1,412,050.89 1,411,984.10 66.79 Miscellaneous 758,279.75 382,387.87 248,677.73 133,710.14 Recovered Costs 751,053.81 1,578,129.96 882,361.14 695,768.82 (5) Intergovernmental: Commonwealth 8,727,460.94 11,885,083.05 12,123,126.35 (238,043.30) (6) Federal 196,604.85 165,485.13 116,223.01 49,262.12 (7) Transfers 0.00 0.00 0.00 0.00 TOTAL REVENUES 123,191,980.91 70,334,192.58 65,991,984.72 4,342,207.86 EXPENDITURES: General Administration 9,486,474.44 5,628,047.23 4,515,941.49 1,112,105.74 Judicial Administration 2,112,454.66 1,312,574.29 1,218,686.70 93,887.59 Public Safety 26,519,468.11 17,000,167.06 15,873,741.43 1,126,425.63 Public Works 4,378,283.63 2,344,034.33 2,222,551.48 121,482.85 Health and Welfare 7,125,292.00 4,066,761.52 4,331,532.44 (264,770.92) Education 56,493.00 42,369.75 42,369.75 0.00 Parks, Recreation, Culture 5,261,636.92 3,191,619.14 3,257,169.39 (65,550.25) Community Development 1,818,193.88 1,116,424.31 1,101,318.06 15,106.25 TOTAL EXPENDITURES 56,758,296.64 34,701,997.63 32,563,310.74 2,138,686.89 (8) OTHER FINANCING SOURCES ( USES): Operating transfers from / to 79,228,296.72 41,617,766.60 38,066,446.78 3,551,319.82 (9) Excess (deficiency)of revenues & other sources over expenditures & other uses (12,794,612.45) (5,985,571.65) (4,637,772.80) 1,347,798.85 Fund Balance per General Ledger 22,381,090.33 22,703,894.62 (322,804.29) Fund Balance Adjusted to reflect 16,395,518.68 18,066,121.82 (1,670,603.14) Income Statement@2 /28/13 25 (1)General Property Taxes FY13 FY12 Increase /Decrease Real Estate Taxes 22,103,617 20,374,506 1,729,111 Public Services 1,229,704 685,750 543,954 Personal Property 15,081,463 14,488,161 593,302 Penalties and Interest 610,277 570,881 39,397 Credit Card Chgs. /Delinq.Advertising 1 (17,580) (14,528) (3,052) Adm.Fees For Liens &Distress 231,182 223,796 7,387 Meals Tax 39,238,663 36,328,564 2,910,099 (2) Other Local Taxes Local Sales & Use Tax 5,657,318.75 5,313,098.46 344,220.29 Communications Sales Tax 702,767.70 657,104.42 45,663.28 Utility Taxes 1,731,762.54 1,627,673.69 104,088.85 Business Licenses 2,736,126.50 2,931,498.70 (195,372.20) Auto Rental Tax 62,593.47 54,531.77 8,061.70 Motor Vehicle Licenses Fees 452,428.95 441,009.53 11,419.42 Recordation Taxes 837,599.64 623,477.15 214,122.49 Meals Tax 2,240,406.70 2,173,806.02 66,600.68 Lodging Tax 237,910.02 243,891.00 (5,980.98) Street Lights 18,103.43 18,009.54 93.89 Star Fort Fees 4,305.17 4,413.21 (108.04) Total 14,681,322.87 14,088,513.49 592,809.38 (3)Perm its &Privileges Dog Licenses 28,160.00 36,426.00 (8,266.00) Land Use Application Fees 7,225.00 4,343.00 2,882.00 Transfer Fees 1,681.20 1,467.90 213.30 Development Review Fees 233,872.44 99,820.20 134,052.24 *1 Building Permits 394,662.68 356,958.70 37,703.98 2% State Fees 2,461.68 2,204.84 256.84 Electrical Permits 43,933.00 67,002.00 (23,069.00) Plumbing Permits 6,675.00 18,255.00 (11,580.00) Mechanical Permits 31,342.17 49,083.75 (17,741.58) Sign Permits 2,421.60 1,550.00 871.60 Permits for Commercial Burning 350.00 100.00 250.00 Explosive Storage Permits 700.00 700.00 - Blasting Permits 225.00 165.00 60.00 Land Disturbance Permits 36,900.00 23,520.00 13,380.00 Sewage Haulers Permit - 200.00 (200.00) Sewage Installation License 300.00 900.00 (600.00) Residential Pump And Haul Fee 50.00 100.00 (50.00) Transfer Development Rights - 500.00 (500.00) Total 790,959.77 663,296.39 127,663.38 (4) Revenue from use of Money 68,928.03 98,919.37 (29,991.34) Property 131,181.65 30,318.83 100,862.82 *2 200,109.68 129,238.20 70,871.48 *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) 26 (5) Recovered Costs FY13 FY12 Increase /Decrease Recovered Costs Treas. Office 44,955.25 43,062.22 1,893.03 Worker's Comp 800.00 750.00 50.00 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 9,071.41 13,430.13 (4,358.72) Clarke County Container Fees 36,363.80 38,149.39 (1,785.59) City of Winchester Container Fees 11,901.15 7,455.91 4,445.24 Refuse Disposal Fees 41,613.54 35,891.44 5,722.10 Recycling Revenue 75,089.00 55,218.99 19,870.01 Sheriff Restitution - 150.60 (150.60) Fire &Rescue Merchandise (Resale) 193.18 128.75 64.43 Container Fees Bowman Library 823.21 709.20 114.01 Restitution Victim Witness 7,401.63 2,823.57 4,578.06 Reimb.of Expenses Gen.District Court 22,904.56 18,947.12 3,957.44 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 37,020.77 38,678.99 (1,658.22) C &P Jail (60.00) - (60.00) EDC /Recovered Costs 480.00 119.95 360.05 Sign Deposits Planning (150.00) 150.00 (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 2,471.89 324.00 2,147.89 Grounds Maintenance Frederick Co. Schools 104,677.61 145,362.94 (40,685.33) Comcast PEG Grant 46,288.40 30,468.40 15,820.00 Proffer -Other 345,000.00 5,220.50 339,779.50 Fire School Programs 14,280.00 20,265.62 (5,985.62) Proffer Sovereign Village 18,293.65 10,976.19 7,317.46 Proffer Lynnehaven 16,891.55 37,161.41 (20,269.86) Proffer Redbud Run 103,264.00 90,356.00 12,908.00 Clerks Reimbursement to County 8,407.26 8,106.16 301.10 Village at Harvest Ridge 7,695.00 - 7,695.00 Proffer Snowden Bridge 313,056.96 71,396.52 241,660.44 Proffer Meadows Edge Racey Tract 50,360.00 - 50,360.00 Sheriff Reimbursement 44,745.14 17,856.33 26,888.81 Westbury Commons Proffer 1,000.00 - 1,000.00 Total 1,578,129.96 1 882,361.14 1 695,768.82 *1 $330,000 Transportation Proffer from BPG Properties for Rt.11 Corridor 27 (6) Commonwealth Revenue 2/28/2013 2/29/2012 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. 257,488.84 269,354.76 (11,865.92) Shared Expenses Sheriff 1,339,897.71 1,365,126.26 (25,228.55) Shared Expenses Comm.of Rev. 116,484.91 99,179.43 17,305.48 Shared Expenses Treasurer 87,556.22 87,513.57 42.65 Shared Expenses Clerk 235,898.26 234,104.52 1,793.74 Public Assistance Grants 2,096,449.80 2,443,203.95 (346,754.15) Litter Control Grant 17,573.00 12,177.00 5,396.00 Dept. of Transportation Safety Grant - 1,174.64 (1,174.64) Emergency Services Fire Program 209,360.00 191,433.00 17,927.00 Emergency Services Special Grants - 88,693.23 (88,693.23) Recycling Grant 5,489.94 - 5,489.94 DMV Grant Funding 18,907.66 27,845.04 (8,937.38) 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 162,116.73 210,150.08 (48,033.35) Spay /Neuter Assistance -State 2,183.76 1,710.49 473.27 VDEM Grant Sheriff 223,500.00 - 223,500.00 Wireless 911 Grant 36,904.67 30,211.30 6,693.37 State Forfeited Asset Funds 26,446.14 26,805.66 (359.52) 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 4,132.50 (807.50) F/R OEMS Reimb. 5,102.00 2,142.00 2,960.00 Total 11,885,083.05 12,123,126.35 (238,043.30) *1 Reduction in revenue as the daycare assistance program payments are processed electronically by the state. *1 i County of Frederick General Fund February 28, 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 1 140,707.33 75,362.25 65,345.08 Tota I 1 165,485.13 1 116, 223.01 49,262 (8) Expenditures The VRS increase and overtime pay calculations effective 7/1/12 impact the $2,138,686.89 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 $349,491.00 increase in the County local share for the Jail. Health and Welfare decreased $264,770.92 as the State Division of Social Services processes the daycare assistance programs payments electronically (this payment change was effective February 2012). Transfers increased $3,551,319.82 in total. See chart below: (9) Transfers Increased $3,551,319.82 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 624,032.51 475,260.39 148,772.12 Total 1 41,617,766.60 38,066,446.78 1 3,551,319.82 *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- time employer payments *1 *2 29 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER February 28, 2013 ASSETS FY2013 FY2012 Increase 2/28/2013 2/29/2012 (Decrease) Cash 4,658,951.04 4,747,776.73 (88,825.69) Accounts Receivable Other 0.00 233.35 (233.35) GL controls(est.rev /est.exp) (1,390,561.07) (685,931.50) (704,629.57) TOTAL ASSETS 3,268,389.97 4,062,078.58 (793,688.61) 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 106,800.00 3,840.00 102,960.00 Undesignated Fund Balance 1,157,549.00 2,186,930.58 (1,029,381.58) *1 TOTAL EQUITY 1,264,349.00 2,190,770.58 (926,421.58) TOTAL LIABILITY & EQUITY 3,268,389.97 4,062,078.58 (793,688.61) NOTES: *1 Fund balance was impacted by expenditures in excess of revenue and the $221,000.00 share for the new Jail telephone system and $261,183.00 for the bonus and career development. Current Unrecorded Accounts Receivable- Prisoner Billing: Compensation Board Reimbursement 2/13 Total FY2013 31,406.30 439,364.40 470,770.70 30 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 2/28/2013 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FY2013 FY2012 REVENUES: 2/28/2013 2/29/2012 YTD Actual Appropriated Actual Actual Variance Interest - 4,748.72 8,886.53 (4,137.81) Supervision Fees 55,399.00 28,127.50 28,127.50 Drug Testing Fees 5,506.00 3,192.46 3,192.46 Work Release Fees 499,800.00 230,803.76 233,607.09 (2,803.33) Federal Bureau Of Prisons 0.00 165.00 725.00 (560.00) Local Contributions 5,273,767.00 3,839,041.00 3,871,615.50 (32,574.50) Miscellaneous 12,446.00 30,292.08 33,492.69 (3,200.61) Phone Commissions 126,000.00 58,793.95 61,328.57 (2,534.62) Food & Staff Reimb. Juv.Det.Ctrv.Det.Ctr. 96,000.00 59,259.41 47,686.51 11,572.90 Elec.Monitoring Part.Fees 83,767.00 33,535.04 32,974.58 560.46 Employee Meal Supplements 500.00 0.00 220.00 (220.00) Share of Jail Cost Commonwealth 975,355.00 515,569.00 513,327.77 2,241.23 Medical & Health Reimb. 51,237.00 34,015.84 32,640.44 1,375.40 Shared Expenses CFW Jail 5,003,495.00 3,017,558.33 3,033,682.47 (16,124.14) State Grants 242,915.00 139,178.00 141,993.00 (2,815.00) Local Offender Probation 238,888.00 125,568.00 125,568.00 DOC Contract Beds 0.00 13,292.00 15,796.00 (2,504.00) Bond Proceeds 0.00 0.00 3,248.01 (3,248.01) Transfer from General Fd, 4,199,498.00 3,150,596.48 2,800,132.50 350,463.98 TOTAL REVENUES 16,864,573.00 11,283,736.57 10,831,356.66 452,379.91 EXPENDITURES: 18,361,934.07 11,322,262.20 10,669,315.24 652,946.96 Excess(Deficiency)of revenues over expenditures (38,525.63) 162,041.42 (200,567.05) FUND BALANCE PER GENERAL LEDGER 1,196,074.63 2,024,889.16 (828,814.53) Fund Balance Adjusted To Reflect 1,157,549.00 2,186,930.58 (1,029,381.58) Income Statement @2128113 31 County of Frederick Fund 12 Landfill February 28,2013 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 2/28/13 2/29/12 (Decrease) 28,985,052.91 29,394,245.90 (409,192.99) *1 503,118.40 502,160.12 958.28 *2 104.00 200.00 (96.00) (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) (4,460,738.90) (4,094,325.15) (366,413.75) 45,916,204.67 45,655,781.56 260,423.11 134,423.76 122,588.76 11,835.00 11,653,036.50 11,545,003.93 108,032.57 *3 47,620.17 359,969.95 (312,349.78) 104.00 200.00 9( 6.00) 11,835,184.43 12,027,762.64 (192,578.21) 140,973.27 766,144.85 (625,171.58) *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 24,081,604.97 23,003,432.07 1,078,172.90 *5 34,081,020.24 33,628,018.92 453,001.32 45.916.204.67 45,655,781.56 260,423.11 NOTES: *1 The decrease in cash was impacted by prior year increases in expenditures disbursed in the current year *2 Receivables at 2/28/13 increased $958.28. Landfill charges for 2/13 were $333,590.23 compared to $363,223.82 at 2/12 for a decrease of $29,633.59. The delinquent fees at 2/13 were $167,050.76 compared to $136,538.03 at 2/12 for an increase of $30,512.73. *3 Accrued remediation increased $108,032.57, and includes $104,871.00 for post closure costs and $3,161.57 interest. *4 Encumbrances decreased $625,171.58. The encumbrance balance at 2/28/13 was $140,973.27 and includes $33,902.17 for partial capping MSW, $99,500.00 for a hydroseeder and spray options, and $7,571.10 for silica gel. *5 Total fund balance increased $1,078,172.90. 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 $731,246.42. 32 County of Frederick Comparative Statement of Revenue, Expenditures and Changes in Fund Balance February 28, 2013 FUND 12 LANDFILL FY13 FY12 YTD REVENUES 2/28/13 2/29/12 Actual Appropriated Actual Actual Variance Interest Charge 0.00 3,693.21 4,580.60 (887.39) Interest on Bank Deposits 40,000.00 31,615.67 36,189.14 (4,573.47) Salvage and Surplus 0.00 79,159.70 112,842.40 (33,682.70) Sanitary Landfill Fees 4,565,400.00 2,822,233.25 2,824,317.00 (2,083.75) Charges to County 0.00 213,419.63 214,269.21 (849.58) Charges to Winchester 0.00 62,847.12 59,009.76 3,837.36 Tire Recycling 70,000.00 67,453.32 93,528.24 (26,074.92) Reg.Recycling Electronics 40,000.00 30,307.00 30,215.00 92.00 Miscellaneous 0.00 4,478.00 288.00 4,190.00 Wheel Recycling 120,000.00 8,637.50 100.00 8,537.50 Charges for RTOP 0.00 0.00 0.00 0.00 Renewable Energy Credits 0.00 0.00 0.00 0.00 Landfill Gas To Electricity 554,048.00 326,378.87 359,668.95 (33,290.08) Waste Oil Recycling 11,688.89 0.00 11,688.89 State Reimbursement Tire Operation 0.00 6,120.00 11,408.00 (5,288.00) TOTAL REVENUES 5,389,448.00 3,668,032.16 3,746,416.30 (78,384.14) Operating Expenditures 5,195,180.00 2,099,902.75 1,862,366.75 237,536.00 Capital Expenditures 4,795,980.17 836,882.99 2,280,396.95 (1,443,513.96) TOTAL Expenditures 9,991,160.17 2,936,785.74 4,142,763.70 (1,205,977.96) Excess(defiency)of revenue over expenditures 731,246.42 (396,347.40) 1,127,593.82 Fund Balance Per General Ledger 23,350,358.55 23,399,779.47 (49,420.92) FUND BALANCE ADJUSTED 24,081,604.97 23,003,432.07 1,078,172.90 33 County of Frederick, VA Report on Unreserved Fund Balance March 14, 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 Sheriff computer forensics (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) Round Hill station design (452,347) June 2013 primary (33,385) (6,389,850) Fund Balance, March 14, 2013 22,381,090 34