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HomeMy WebLinkAboutSeptember_09_2013_Agenda_PacketCO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS MONDAY, SEPTEMBER 09, 2013 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 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: F, G, and H) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) 1. Work Session with Sanitation Authority, August 14, 2013. 2. Regular Meeting, August 14, 2013. 3. Outside Agencies' Presentations, August 22, 2013. County Officials 1. Amy Bracewell, Site Manager, National Park Service, to Make Her Introduction to the Board of Supervisors and Provide Update. 'Bull 2. Employee of the Month Award. (See Attached) ------------------------------ - - - - -- B AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS MONDAY, SEPTEMBER 09, 2013 PAGE 2 3. Committee Appointments. (See Attached) -- -C 4. Request from Frederick County Schools to Schedule Public Hearing Date to Participate in the Fall 2013 Virginia Public School Authority (VPSA) Bond Sale. (See Attached) ----------------------------------------------------------------- - - - - -- D 5. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- E Committee Reports 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- F 2. Public Safety Committee. (See Attached) -------------------------------------- - - - - -- G 3. Technology Committee. (See Attached) ---------------------------------------- - - - - -- H 4. Public Works Committee. (See Attached) -------------------------------------- - - - - -- 5. Finance Committee. (See Attached) --------------------------------------------- - - - - -- J 6. Transportation Committee. (See Attached) ------------------------------------ - - - - -- K Public Hearing 1. Outdoor Festival Permit Request of Cedar Creek Battlefield Foundation — Reenactment of the Battle of Cedar Creek. 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 on Saturday, October 19, 2013, from 10:00 A.M. - 5:30 P.M., and Sunday, October 20, 2013, from 10:00 A.M. - 4:00 P.M., to be Held on the Grounds of Cedar Creek Battlefield, 8437 Valley Pike, Middletown, Virginia , 22645, Property Owned by Cedar Creek Battlefield Foundation. (See Attached) --------- - - - - -- L 2. Amendment to the 2013 -2014 Fiscal Year Budget - Pursuant to Section 15.2 -2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2013 -2014 Budget to Reflect: Airport Capital Fund Supplemental Appropriation in the Amount of $4,437,906. This Amount Represents the New Projects and Balances for Projects in Progress for Fiscal Year 2013 — 2014 at the Winchester Regional Airport. (See Attached) ------- - - - - -- M AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS MONDAY, SEPTEMBER 09, 2013 PAGE 3 Planning Commission Business Conditional Use Permit #03 -13 of Verizon Wireless and Bertha Mcllwee Trust, Submitted by Donohue & Stearns, PLC, for a 195 Foot Tower and Equipment Shelter. The Property Is Located at 2250 Back Mountain Road (Route 600), and is Identified with Property Identification Number 49 -A -28 in the Back Creek Magisterial District. (Postponed from Board Meeting of August 14, 2013.) (See Attached) --------------------- - - - - -- N 2. Discussion — Proposed Ordinance Amendments — Height Requirements in the EM (Extractive Manufacturing), M1 (Light Industrial), and M2 (Industrial General) Districts, Automated Facility Heights and Conditional Use Permit Requirements. (See Attached) ---------------------------------------------------- - - - - -- O 3. Discussion — Proposed Ordinance Amendments — TDR (Transfer of Development Rights) Revisions. (See Attached) ----------------------------- - - - - -- P Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn }^-�. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES JOINT WORK SESSION WITH FREDERICK COUNTY SANITATION AUTHORITY August 14, 2013 A joint work session of the Frederick County Board of Supervisors and Frederick County Sanitation Authority was held on Wednesday, August 14, 2013 at 12:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Robert A. Hess; Gary A. Lofton; and Robert W. Wells ABSENT Gene E. Fisher OTHERS PRESENT Robert Mowery, Frederick County Sanitation Authority Chairman; Frederick County Sanitation Authority members J. Stanley Crockett, Walter Cunningham, and John Stevens; John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County Administrator; Jay E. Tibbs, Deputy County Administrator; Eric R. Lawrence, Director of Planning & Development; Michael T. Ruddy, Deputy Director of Planning & Development; and Uwe Weindel, Engineer/Director, Frederick County Sanitation Authority. CALL TO ORDER Chairman Shickle called the meeting to order. The agenda was approved. Deputy Planning Director Michael Ruddy provided an overview of the Comprehensive Plan and the Sewer and Water Service Area. He stated the Comprehensive Plan drives what and where things happen in Frederick County, while the Sewer and Water Service Area drives the location of water and sewer. He noted updates to the Comprehensive Plan are coordinated efforts and the Frederick County Sanitation Authority participates in this process. Chairman Shickle asked if everyone was on the same page about the areas in the Sewer and Water Area that cannot be served. Deputy Director Ruddy responded that some areas are able to be served sooner than others. Engineer - Director Weindel stated that Authority relies on developers to extend the system, but service depends on the developers and the intensity of proposed uses. He explained the Authority looks at the capacity of the water and sewer systems. He noted there was additional capacity on the sewer side, but phosphorous limits were an issue. He advised that water was the more critical issue and there was not a lot of water. He advised there was just over 1 million gallons per day of water capacity and there were currently 8,504 approved lots with no water /sewer service. He noted there might be a need for an additional sewer plant in the northern part of Frederick County, Chairman Shickle asked if there were lots in the Sewer and Water Service Area that should not be there. Engineer - Director Weindel responded no. He went on to say there were lots that might not have full gravity systems, so there would be an additional cost for pumping. Mr. Crockett asked if staff felt confident there was a good means of information exchange. Chairman Shickle responded the Board needs to know the consequences of their actions. He went on to say the Board was concerned about the implication of their actions to the water /sewer system. Engineer - Director Weindel advised both groups would have to grapple with capacity issues down the road. There was a need to do exploration for more water. He concluded by 2 saying the Clearbrook area is the need. FCSA Chairman Mowery asked what would happen if the County has someone come into the Sewer and Water Service Area that is a huge user. Engineer - Director Weindel advised that staff talks to them through the Economic Development Commission. He went on to say we have been invited to meet with clients to discuss the system, their needs, etc. Mr. Crockett asked Engineer- Director Weindel to update everyone on the latest information concerning the Authority's ability to acquire bonds. Engineer - Director Weindel responded the Authority was near its bonding limit. He noted some borrowing capacity would be freed up in FY 2015 -2016. He went on to say the Authority's master plan has considerable infrastructure improvements. Most of the bonds issued are through the Virginia Resource Authority and the Authority's biggest debt is the wastewater treatment plant. Mr. Crocket asked if there was any data Planning would like to see included under the Authority's agency comments. Planning Director Eric Lawrence responded the County would like to see an impact analysis for water and sewer. Chairman Shickle stated if there was anything in an application that looked like a caveat then the County would like to make the applicant aware of what might happen. Supervisor Hess asked what an approved rezoning would do to the remaining capacity. He wanted to know at what rate that capacity was being consumed. Administrator Riley asked how long -term water capacity should be approached. He went on to say that both bodies ought to be focusing on water capacity. 3 Chairman Shickle asked if there was a role for the Board to play. FCSA Chairman Mowery responded yes, when it comes to regional issues. The Authority members agreed the only long -term viable solution was the Shenandoah River. The consensus of the Board and the Authority was for Administrator Riley to make an inquiry to Warren County and the Town of Front Royal to see if this was a possibility. Administrator Riley asked if both boards were comfortable with the way information is shared at the staff level. He went on to suggest staff present comprehensive plan amendments at the Authority meetings in order to get Authority feedback. FCSA Chairman Mowery responded the Authority would welcome it. Mr. Crockett stated he would like to see the joint meetings happen on a regular basis. There being no further discussion, the work session was adjourned at 1:20 P.M. 2 FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING August 14, 2013 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August 14, 2012 at 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Frederick County Board of Supervisors convened in closed session pursuant to Virginia Code §2.2 -3711 A (1) to discuss personnel matters, specifically, the annual evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye 1 Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge the Board discussed only personnel matters, pursuant to Virginia Code §2.2 -3711 A (1) personnel matters, specifically, the annual evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W, Wells Aye CERTIFICATION OF THE COUNTY ADMINISTRATOR'S EVALUATION - AppunvF.n Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board certified the annual evaluation of the County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye INVOCATION Pastor Phil Roby, Amazing Grace Fellowship, delivered the invocation. PLEDGE OF ALLEGIANCE 2 Vice- Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had one change for the agenda. He noted Conditional Use Permit 904 -13 was withdrawn at the request of the applicant. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the agenda, as amended, by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following item for the Board's consideration under consent agenda: - Road Resolution — Santa Maria Estates and Christo Ray Estates — Tab U. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS Tim Donovan, Opequon District, appeared before the Board to speak in favor of the Shenandoah Master Development Plan approval. He noted at build out there would be another 3 700 active adult homes, which would result in a total real estate tax payment of over $2 million per year. He concluded by saying he hoped the Board would approve the plan so the development can move forward. BOARD OF SUPERVISORS COMMENTS Supervisor Hess noted there was correspondence at the Board's seats. "Chairman Shickle, Supervisor Hess & Administrator Riley: 1 am troubled by the rapid movement of the unsolicited proposal for a new County Administration Building. I think it is important for all citizens to understand this proposal. I'd like to know who the partners are in the LLC that are behind the proposal. Why is that bit of information considered proprietary? Are there former Supervisors behind this? 1'd like to know why this facility was never part of the Capital Improvements Plan, but now seems to be a high priority item, requiring immediate attention of our elected officials & county employees. Why was this was never addressed by the Comprehensive Plans & Programs Committee (PQ? Why was the Public Hearing in the PC rushed through with little notice? Now that this action was rejected by that Commission on a 9 -3 vote, the Board seems to be pushing it through an your own authority. Actions like this make a mockery of our established procedures & diminish trust in elected officials. 1 have stated before, that I am willing to listen to the discussion on this proposal. However, it seems to be difficult obtaining facts about this subject, 1 am slowly being nudged toward opposition. Has the current building outlived it's useful life? is it truly overcrowded? We still are paying off the debt for the current facility, would it be unreasonable to remain in it a few years & save $$$. ?? is it truly more convenient for citizens to access County services at this propased location than the current building? How much should we be willing to pay for this convenience? Can we find out more about the Russell 150 Community Development Authority. Were they forgiven of $5M in fees & penalties? How is the determination made that this a need by the County Taxpayers & not just a want from the County Administration. ?? 1 am unable to attend the Public Hearing on Wednesday August 14th. Can my comments be read into the "record ". Thanks Jay L. Marts Frederick County Gainesboro District" Upon a motion by Supervisor Hess, seconded by Vice - Chairman DeHaven, the Board approved the correspondence as part of the record. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye MINUTES - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the minutes from the July 10, 2013 work session with the Frederick County Sanitation Authority. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the minutes from the July 10, 2013 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye 5 Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARD - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved Pamela S. Baber as Employee of the Month for August 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Pamela S. Baber who serves the Public Safety Communications Department was nominated for Employee of the Month; and WHEREAS, Pamela S. Baber is being awarded for her loyalty and commitment to her position as Supervisor for the Dispatch Center. Pam has-been a supervisor for the past ten years. She does all of the scheduling for the Dispatch Center, making sure that all shifts are covered appropriately and fairly. She is always willing to assist other dispatchers and even willing to come in on her days off. She rarely leaves work on time, always making sure that everything is in order for the oncoming shift. Parr always keeps a positive attitude in an environment that is very high stress and fast paced. Her knowledge and experience can be seen clearly in her ability to train and mentor new employees. Pam cares deeply about her fellow first responders. Pam is to be commended for her initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 14 day of August, 2013 that Pamela S. Baber is hereby recognized as the Frederick County Employee of the Month for August 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Pamela S. Baber for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Pamela S. Baber is hereby entitled to all of the rights and privileges associated with this award. Adopted August 14, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS NOMINATION OF RON MADAGAN AS AT -LARGE MEMBER OF THE BOARD OF ZONING APPEALS TO FILL THE UNEXPIRED TERM OF ROBERT WELLS - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board nominated Ron Madagan to fill the unexpired term of Robert Wells as the At -Large member of the Board of Zoning Appeals. Term expires December 31, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye APPOINTMENT OF ROBERT WELLS AS BOARD OF SUPERVISORS REPRESENTATIVE TO THE REGIONAL JAIL AUTHORITY - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board appointed Robert Wells as Board of Supervisors' representative to the Regional Jail Authority. Term expires October 13, 2016. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye APPOINTMENT OF WALTER AIKENS TO THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY TO FILL THE UNEXPIRED TERM OF ALAN HUDSON - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board appointed Walter Aikens to the Russell 150 Community Development Authority to fill the unexpired term of Alan Hudson. Term expires March 1, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF CHARLES S. DEHAVEN JR. AS BOARD OF SUPERVISORS REPRESENTATIVE TO THE REGIONAL JAIL AUTHORITY - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Charles S. DeHaven, Jr. as the Board of Supervisors' representative to the Regional Jail Authority. This is a four year appointment. Term expires October 13, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 8 REQUEST FROM COMMISSIONER OF THE REVENUE - APPROVED Administrator Riley advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund a taxpayer the amount of $3,311.66 for 2011, 2012, and 2013 real estate taxes, based on proper filing of proof of 100% permanent and total disability directly due to military service, as required under the Virginia Code changes as a result of the Constitutional amendment that took effect for 2011. Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the refund request by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye RESOLUTION OF THE BOARD OF SUPERVISORS DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CERTAIN COSTS OF CAPITAL IMPROVEMENTS FOR PUBLIC SAFETY PURPOSES - APPROVED Administrator Riley advised this proposed resolution gives notice of the Board's intent to seek reimbursement through debt proceeds or other financings for monies expended in advance for the design of the proposed replacement Round Hill fire and rescue station. The resolution approves a maximum reimbursement amount of $452,347.00 for project design. Upon a motion by Supervisor Wells, seconded by Supervisor Collins, the Board approved the reimbursement resolution. The County of Frederick, Virginia (the "County ") has determined that it may be necessary or desirable to advance money to pay the costs of certain capital improvements for public safety purposes, specifically for the design of a replacement Round Hill fire and rescue station (the "Project "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150 -2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of designing the Project from the proceeds of one or more financings. The maximum amount of financing expected to be issued for the design of the Project is $452,347.00. 3. This resolution shall take effect immediately upon its adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Robert W. Wells Aye COMMITTEE REPORTS BUSINESS FRIENDLY COMMITTEE - APPROVED At the July 10, 2013 meeting of the Board of Supervisors, the Board voted to accept the report from the Frederick County Business Climate Assessment Citizens' Committee. During the Board's discussions, it was the consensus for the Chairman and County Administrator to meet and review the recommendations presented and determine which committees or boards would evaluate and provide guidance regarding possible implementation. To that end, provided below is a list of the phase I recommendations and the respective committee(s) assignment(s). Public Information Officer The dominant theme coming from the various subcommittees was public outreach and promotion of Frederick County. One of the recommendations pertaining to this theme was the need to create a public information officer position. This recommendation should be forwarded to the Human Resources Committee for further evaluation with a recommendation to be forwarded to the Board at a future meeting. Si na a Along M4ior Routes Entering Frederick Coun One recommendation regarding promoting Frederick County as a business destination was to install signage along Interstate 81 and major routes entering Frederick County (i.e. Routes 7, 11, 10 50, and 522) stating "Frederick County is Open for Business ". The committee felt this initiative would show Frederick County as a positive business partner and could help provide the county with a marketing advantage. This recommendation should be forwarded to the Transportation Committee and the Economic Development Commission for review of signage placement and messaging, respectively. Establishment of an Economic Development Authori The creation of an economic development authority or EDA was identified as an important catalyst to fostering a more competitive business environment for Frederick County. While the powers and authorities of an industrial development authority, which currently exists in Frederick County, and an economic development authority are the same, the change from an 1DA to an EDA would provide the Board of Supervisors with an opportunity to re- establish the economic development vision for the county and would also provide the flexibility to pursue a variety of business attraction and retention options and strategies for implementing a diversified economic development strategy, This recommendation should first be referred to the Winchester- Frederick County Economic Development Commission. This would give the Commission an opportunity consider the EDA's role in Frederick County's business attraction and retention efforts and its relationship to the current Economic Development Commission. Review and Evaluation of the Master Development Plan Process The Land Use and Development Subcommittee recommended the elimination of the Master Development Plan process. They felt this process was already incorporated in other existing ordinances and results in a duplicative process. A re- evaluation of the current Master Development Plan process would be appropriate. This recommendation should be referred to the Planning Commission for initial evaluation by the Development Review and Regulations Committee and the entire Planning Commission. Simplification of the Landscape Ordinance The Land Use and Development Subcommittee recommended a complete review and re- evaluation of the Frederick County Buffers and Landscaping Ordinance to provide a well defined purpose to allow for flexibility in project site landscaping, tree preservation, and effective development buffers A re- evaluation of the current Buffers and Landscaping Ordinance would be appropriate. This recommendation should be referred to the Planning Commission for initial evaluation by the Development Review and Regulations Committee and the entire Planning Commission. Reduction in Proffer Requirements 11 The Land Use and Development Subcommittee recommended a reduction in proffer requirements for future rezoning applications, as well as amendments to existing proffers in order to create viable projects that will deliver needed transportation improvements and other benefits. The economics of the current proffer model or development impact model do not allow for construction. The committee examined the model and determined there were numerous capital items contemplated and incorporated into the model, but those projects were not being built in the current year. It is anticipated none of these government capital projects will be built at any time in the near future, if at all. Further, the Development Impact Model does not fully account for business, personal property tax, or other revenue that is of significant benefit to Frederick County, in addition to property taxes. A reevaluation of the Development Impact Model taking into account current economic conditions would be appropriate. This recommendation should be referred to the Development Impact Model Oversight Committee for evaluation and recommendation to the Board. Staff is seeking the Board action to refer the items listed above to the respective committees for further review and evaluation. Should you have any questions, please do not hesitate to contact me. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the report and sent the recommendations forward to the respective committees for further evaluation and recommendation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye HUMAN RESOURCES COMMITTEE - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, August 2, 2013 at 8:00 a.m. Committee members present were: Supervisor Robert Hess, Supervisor Chris Collins, Supervisor Robert Wells, citizen members Dorrie Green and Beth Lewin. Committee member absent was citizen member Barbara Vance. Also present were: County Administrator John R. Riley, Jr,, Assistant County Administrator Kris Tierney, County Attorney Rod Williams, NRADC Superintendent Jim Whitley, Fire & Rescue Director Dennis Linaburg, Fire & Rescue Deputy Director Bill Bowmaster, Finance Director Cheryl Shiffler, and Assistant Finance Director Sharon Kibler. WN ** *Items Requiring Action * ** 1. Committee recommends approval of resolution to elect not to participate in the Virginia Local Disability Plan (VLDP) through the Virginia Retirement System (VRS). - APPROVED Electing not to participate in the VLDP plan through the VRS will provide the County flexibility in choosing insurance carriers. This would permit staff to evaluate other alternatives that are code compliant and more affordable. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the resolution of irrevocable electron not to participate in Virginia Local Disability Program. WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program ( "VLDP ") for the payment of short-term and long -term disability benefits for certain participants in the hybrid retirement program described in Virginia Code §51.1 -169; and WHEREAS, for purposes of VLDP administration an employer with VLDP - eligible employees may make an irrevocable election on or before September 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer -paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1, 2014; and WHEREAS, it is the intent of County of Frederick, Virginia, 55134, to make this irrevocable election to request that its eligible employees not participate in VLDP; NOW, THEREFORE, IT IS HEREBY RESOLVED that County of Frederick, Virginia irrevocably elects not to participate in VLDP because it has or will establish and continue to maintain comparable employer -paid disability coverage for such employees; and it is further RESOLVED that, as an integral part of making this irrevocable election, County of Frederick, Virginia certifies that it has or will establish and continue to maintain, comparable employer -paid disability coverage for such employees. Adopted in Winchester, Virginia this 14' day of August, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye 13 Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. Approval of the Employee of the Month Award. The Committee recommends Employee of the Month Award for Pam Baber, Public Safety Communications Shift Supervisor. ** *Items Not Requiring Action * ** 1. The Public Safety Committee unanimously referred to the HR Committee retention solutions for the Fire & Rescue Department. The Committee supports Fire & Rescue's retention solutions and recommends forwarding to the Finance Committee for discussion at its September meeting. 2. A discussion of the Fire & Rescue Department's EMS Billing Manager position's salary range. The Committee supports the proposed salary range and grade and recommends forwarding to the Finance Committee for discussion at its August meeting. 3. A discussion of the Public Information Officer job description. In light of the recent recommendations of the Business Friendly Committee that a PIO position be examined, the Committee once again discussed language for a proposed PIO job description which had been discussed back in February. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, September 6, 2013. PUBLIC WORKS COMMITTEE - APPROVED The Public Works Committee met on Tuesday, August 6, 2013 at 8:00 a.m. All members were present except for Jim Wilson. The following items were discussed: ** *Item Requiring Action * ** 1. Carry Forward Request for Design of Round Hill Fire and Rescue Station and Associated Social Hall - APPROVED 14 The committee unanimously approved a request to carry forward funds in the amount of $403,648 to complete the design of the new Round Hill Fire and Rescue station and associated Social Hall. The attached memorandum references the appropriate line items. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the above carry forward requests. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ** *Items Not Requiring Action * ** 1. Carry Forward Request for Landfill (12 -4204) and Refuse Collection (10 -4203) The committee unanimously approved carry forward requests for the landfill and refuse collection budgets in the amounts of $1,178,000 and $99,061, respectively. These funds are necessary to complete projects initiated and budgeted in Fiscal Year 12113. Attachments 2 and 3 provide justification and present the appropriate line items. These approvals will be forwarded to the finance committee for their review and action. (Attachments 2 and 3) 2. Design of New Round Hill Fire and Rescue Station and Associated Social Hall Staff presented a brief overview of the schematic design for the subject facilities. Staff's review comments including those from representatives from the Round Hill Fire and Rescue Station will be incorporated in the design. Staff is also working with the Silver Lake Developers to gain approval of the exterior finish of the proposed structures. 3. Request for Interviews Participation Deputy Director of Public Works, Mr. Joe Wilder, requested that a member of the committee participate in the interviews for selecting an engineering firm to design road/bridges for future cost sharing projects in Frederick County. These interviews will be held on August 14 from 9:00 a.m, to 3:00 p.m. The committee members will check their schedules before notifying Mr. Wilder of their availability. 4. Review of PPEA Proposal for New County Office Building 15 Prior to convening into closed session, the committee listened to a presentation by representatives of the Frederick County Center, LLC, regarding the current location and perspective of a new proposed county office building, submitted under the PPEA process. The committee then convened into closed session in accordance with the appropriate sections of the Virginia State Code §2.2 -3711. After reconvening from the closed session, the committee members unanimously certified that only the items related to the confidential nature of the PPEA proposal were discussed. 5. Miscellaneous Reports a) Tonnage Report (Attachment 4) b) Recycling Report (Attachment 5) c) Animal Shelter Dog Report (Attachment b) d) Animal Shelter Cat Report (Attachment 7) JOINT FINANCE COMMITTEE - APPROVED The Joint Finance Committee met on Wednesday, August 7, 2013 at 8:00 A.M., in the Board of Supervisors' Closed Session Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman Richard Shickle and Charles S. DeHaven, Jr., Frederick County representatives; and John Willingham, and Milt McInturff, 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; Jim Deskins, Executive Director of the Winchester Economic Development Authority; Patrick Barker, Executive Director of the Winchester- Frederick County Economic Development Commission; Perry Eisenach, Public Services Director; and Matt Armstrong, The Winchester Star, Mr. Shickle called the meeting to order, ** *For Board Action * ** JJC IMPROVEMENTS CONTRACT — APPROVED APPROPRIATION OF $40,000 TO COVER COUNTY SHARE OF SPACE NEEDS ANALYSIS 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. The RFP was released March 26, 2013 with proposals due May 9, 2013. Interviews of short- listed firms were conducted on June 13, 2013 and Moseley Architects was the selected firm. Mr. Iman stated there would be two tasks to be completed before the project was ready for construction. Task 1 would include a space needs study of the existing building footprint at a price of $80,000. Task 2 would be the completion of the design drawings at a price of $100,000. 16 Upon a motion by Mr. DeHaven, seconded by Mr. Willingham, the committee recommended each governing body appropriate $40,000.00 each to cover the cost of Task 1 with results to be reviewed before final approval of the project. (See attached.) Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the appropriation of $40,000 to cover the space needs analysis. The above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr Christopher E. Collins Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells Aye Aye Aye Aye Aye Aye Aye ** *For Information Only * ** OUTSIDE AGENCY FUNDING INFORMATION The committee reviewed each locality's funding of outside agency requests. Mr. Shickle advised the Frederick County would be holding a work session with outside agencies on August 22, 2013. He noted no funding would be released to these agencies until after that work session. Mr. Willingham advised the City has started the process of formalizing its arrangements with these groups through the use of memorandums of understanding. Mr. Shickle stated it would be good for this group to get back together at some point after the August 22, 2013 meeting to talk about what Frederick County did, find common ground, etc. Mr. Iman advised the agencies and funding on the City's side has remained status quo. EDC CONTRACT The committee reviewed a proposed draft memorandum of understanding between the City and the Winchester - Frederick County Economic Development Commission. (See attached.) Mr. Riley questioned why the EDC was being treated as an outside agency when it was a joint agency established by the County and the City. He wanted to know if other joint agencies (e.g. regional jail, landfill, juvenile detention, etc.) would also be considered outside agencies given the precedent established by this proposed agreement. Mr. Iman advised the City wanted to see a scope of work for the dollars they were providing to the agency. He went on to say the prior draft MOU contained no recognition of the 17 City's EDA and its staff, which also perform certain economic development activities. He stated the City did not want to see redundant services. Mr. Barker, EDC Executive Director, advised that he provided the City with a list of performance measures, which were incorporated in Exhibit B of the proposed agreement. He noted those particular measures constitute only about 25% of what was submitted. The city attorney and county attorney will work together to address the legal components of the agreement. Mr. Barker stated he would prefer to work on a three year average with reference to the proposed performance measures. Mr. Deskins stated he did not have a problem extending the performance measures to a three year average. Mr. Mclnturff stated "we" have an EDA and the members of council talk about funding the EDC and we seem to be paying two entities for the same work. He stated this agreement and the performance measures was a way for the City to see what the EDC brings to the table for them. Mr. Shickle advised that he had previously asked a representative from the City, when they City did not fund the commission, "why don't you leave the EDC?" He said it would be nice if you all told us if you want to leave. ---- Chairman Shickle elaborated on these comments and advised the context had to do with the value the City felt they were or were not getting for their contribution, Mr. Willingham stated he thought there was value in what the EDC does and the City has funded it for this year. Mr. Barker stated he felt, under this proposal, the EDC was moving from a partnership to more of a contractor. The city and county attorneys were directed to work on the legal review of the document. The EDA and EDC executive directors were to work on the performance measures to reach agreement on those goals. There being no further business, the meeting was adjourned at 9:15 a.m. PUBLIC HEARING OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION -- BELLE GROVE WINE 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 ON SATURDAY SEPTEMBER 7 2013 FROM 11:00 A.M. TO 5:00 P.M. ON THE GROUNDS OF BELLE GROVE PLANTATION, 336 BELLE GROVE ROAD, MIDDLETOWN, 18 VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST OF HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was an outdoor festival permit request from Belle Grove Plantation for the Belle Grove Wine Festival. The event will be held on Saturday, September 7, 2013, from 11:00 a.m. to 5:00 p.m., on the grounds of Belle Grove Plantation, 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 the outdoor festival permit for the Belle Grove Wine Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OUTDOOR FESTIVAL PERMIT REOUEST OF MONICA SMITH (TEAM SCRUB ) — RELAY FOR LIFE MOTORCYCLE SHOW AND RIDE. 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 ON SATURDAY, SEPTEMBER 28, 2013, FROM 8 :00 A.M. TO 5 :00 P.M., 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 an outdoor festival permit from Monica Smith (Team Scrub) for the Relay for Life Motorcycle Show and Ride. The event will be held on Saturday, September 28, 2013 from 8:00 a.m. to 5:00 p.m. on the grounds of Grove's Winchester Harley - Davidson. 19 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing, Upon a motion by Supervisor Fisher, seconded by Vice - Chairman DeHaven, the Board approved the Outdoor Festival Permit for Monica Smith (Team Scrub), Relay for Life, Motorcycle Show and Ride. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye OUTDOOR FESTIVAL PERMIT REOUEST OF CONCERN HOTLINE --14' ANNUAL FRIDAY FISH FRY. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86,, FESTIVALS; SECTION 86 -3, PERMIT REQUIRED; APPLICATION• ISSUANCE OR DENIAL; FEE FOR AN OUTDOOR FEATIVLA PERMIT. FESTIVAL TO BE HELD ON FRIDAY SEPTEMBER t 2013, FROM 4:00 P.M TO 9:00 P.M., ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE. LLC. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by Concern Hotline for the 14 Annual Friday Fish Fry. The event will be held on Friday, September 6, 2013 from 4:00 p.m. to 9:00 p.m. on the grounds of Grove's Winchester Harley- Davidson, Chairman Shickle convened the public hearing, There were no public comments. Chairman Shickle closed the public hearing. 20 Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board approved the outdoor festival permit for Concern Hotline — 14 Annual Friday Fish Fry. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION; ARTICLE II, SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE; SECTION 155 -9 FINDINGS 155 -10 ELIGIBILITY FOR SPECIAL ASSESSMENTS• APPLICATIONS; REVALIDATIONS SECTION 155 -13 ROLLBACK TAX IMPOSED, AND SECTION 155 -14 CHANGES IN STATUS. THE PURPOSE OF THESE AMENDMENTS IS TO DEFER THE PAYMENT OF ROLLBACK TAXES UNTIL THE PROPERTY'S USE CHANGES RATHER THAN AT THE TIME THE ZONING CLASSIFICATION CHANGES. - APPROVED Administrator Riley advised this was a proposed amendment to Frederick County Code Chapter 155, Taxation. The proposed amendment would defer the payment of rollback taxes until the property's use changes rather than at the time the zoning classification changes. He went on to say this was legislation initiated by Frederick County and sponsored by Delegate Minchew. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board approved the ordinance amending Frederick County Code, Chapter 155, Taxation; Article II, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate; Section 21 155 -9 Findings; 155 -10 Eligibility for Special Assessments; Applications; Revalidations, Section 155 -13 Rollback Tax Imposed, and Section 155 -14 Changes in Status. The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -9, 155 -10, 15513, and 155 -14 of Article H (Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 155 -9, 155 -10, 155 -13, and 155 -14 of Article II (Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect immediately (deletions are shown in bold-strikethr-ough and additions are shown in bold underline) CHAPTER 155 TAXATION Article II Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate § 155 -9 Findings. The County finds that the preservation of real estate devoted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land use plan, hereby ordains that such real estate shall be taxed in accordance with the provisions of Title 58.1, Article 4, § 58.1 -3229 et sue. of the Code of Virginia, as amended, and of this article. § 155 -10 Eligibility for special assessments; applications; revalidations. A. The owner of any real estate meeting the criteria set forth by §§ 58.1 -3230 and -58.1- 3233 and 58.1 -3237 of the Code of Virginia, as amended, may, at least 60 days preceding the tax years for which such taxation is sought, apply to the Commissioner of Revenue for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use under the procedures set forth by § 58.1 -3236 of the Code of Virginia, as amended, provided that, in any year in which a general reassessment is being made, the property owner may submit such application until 30 days have elapsed after his notice of increase in assessment is mailed in accordance with § 5 792x.01 58.1 -3330 of the Code of Virginia or 60 days preceding the tax year, whichever is later, provided that such application must be submitted for any year at least 60 days preceding the effective date of the assessment for such year. Such application shall be on forms provided by the State Department of Taxation and supplied by the Commissioner of Revenue and shall include such additional schedules, photographs and drawings as may be required by the Commissioner of Revenue. B. A separate application shall be filed for each parcel on the land book for which qualification is sought. 22 C. All applications under this article shall be accompanied by an application fee payable to the County Treasurer of $100 or $0.50 per acre (or major part thereof) per parcel sought to be classified, assessed and taxed under this article, whichever is greater. No such application fee is required upon the filing of an annual revalidation nor upon the filing of an application upon a change in acreage. D. The owner of any real estate which has been approved for special assessment as allowed by § 58.1 -3231 of the Code of Virginia, as amended, shall revalidate annually any application previously approved. Such revalidation shall be made with the Commissioner of Revenue, on forms prescribed by the same. Revalidations must be made before November 1 of the preceding tax year for which such assessment is sought. E. Late filing of land use applications. A late filing fee of $25 will be assessed for late filing for each parcel application. The applicant will have 30 days from the date of passage of this subsection and 30 days from the due date, November 1, of each year hereafter. § 155 -11 Determinations of Commissioner of Revenue. A. Promptly upon receipt of any application, the Commissioner of Revenue shall determine whether the subject property meets the criteria for taxation hereunder. If the Commissioner of Revenue shall determine that the subject property does meet such criteria, he shall determine the value of such property for its qualifying use, as well as its fair market value. B. In determining whether the subject property meets the criteria for forest use, the Commissioner of Revenue may request an opinion from the Director of the Department of Conservation and Economic Development; and in determining whether the subject property meets the criteria for open space use, he may request an opinion from the Director of the Commission of Outdoor Recreation. Upon the refusal of the Director of the Department of Conservation and Economic Development or the Director of the Commission of Outdoor Recreation to issue an opinion or in the event of an unfavorable opinion which does not comport with standards set forth by the respective Director, the party aggrieved may seek relief from a court of record wherein the real estate in question is located; and in the event that the court finds in his favor, it may issue an order which shall serve in lieu of an opinion for the purposes of this article. § 155 -12 Recording of real estate values. The use value and fair market value of any qualifying property shall be placed on the land book before delivery to the Treasurer, and the tax for the next succeeding tax year shall be extended from the use value. § 155 -13 Rollback tax imposed. There is hereby imposed a rollback tax, in such amount as may be determined under § 58.1 -3237 of the Code of Virginia, as amended, upon any property as to which the use changes to a 23 nonqualifying use. Rollback tax shall not become due hereunder solely because of a change in zoninL- to any zoning_ district other than the RP, R4, or R5 Zoning Districts, made at the re guest of the owner or his agent that would permit a more intensive use. Such real estate may remain eligible for use value assessment and taxation, in accordance with the provisions of this article, as long as the use by which it qualified does not change to a nonqualifying use. No rollback tax shall become due with respect to the real estate until such time as the use by which it qualified changes to a nongualifting use. § 155 -14 Changes in status. A. The owner of any real estate liable for rollback taxes shall report to the Commissioner of Revenue, on forms to be prescribed, any change in use/zen-ing of such property to a nonqualifying use or ehange in zenin and shall pay the rollback tax then due to the Treasurer. The Commissioner shall forthwith determine and assess the rollback tax, which shall be paid to the Treasurer within 30 days of assessment. On failure to report within 60 days following such change in use, such owner shall be liable for an additional penalty equal to 10% of the amount of the rollback tax, which penalty shall be collected as a part of the tax. In addition to such penalty, there is hereby imposed interest of 10% per annum of the amount of the rollback tax or a fraction thereof during which the failure continues. B. Any person making a material misstatement of fact in any application filed pursuant hereto shall be liable for all taxes in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon; and he shall be further assessed with an additional penalty of 100% of such unpaid taxes. § 155 -15 Applicability of statutory provisions. The provisions of Title 58.1 of the Code of Virginia, as amended, applicable to assessments and taxation hereunder, shall be adopted mutatis mutandis, including, without limitation, provisions relating to tax liens and the correction of erroneous assessments. For such purposes, the rollback taxes shall be considered to be deferred real estate taxes. Enacted this 14 day of August, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 24 Supervisor Hess asked about residential properties that rezone to commercial, but remain occupied as residences and the impact of the higher taxes on those individuals. He asked if a similar provision could be made for citizens in this situation. Administrator Riley advised it was difficult getting this particular amendment through the General Assembly session. He went on to say the type of change being proposed by Supervisor Hess would not get through the General Assembly, ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 158, VEHICLES AND TRAFFIC; ARTICLE II STOPPING STANDING AND PARKING; SECTION 158 -4 D GENERAL RESTRICTIONS. THIS PROPOSED AMENDMENT IS MINOR IN NATURE AND WOULD MAKE IT UNLAWFUL FOR ANY PERSON TO PARK ANY VEHICLE ON ANY STREET OR HIGHWAY WITHOUT DISPLAYING A CURRENT STATE LICENSE OR A CURRENT STATE INSPECTION STICKER. - APPROVED Administrator Riley advised this was a minor ordinance amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article II, Stopping, Standing, and Parking; Section 158 -4(D), General Restrictions. This proposed amendment would make it unlawful for any person to park any vehicle on any street or highway without displaying a current state license or a current state inspection sticker. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the ordinance amending the Frederick County Code, Chapter 158, Vehicles and Traffic; Article II, Stopping, Standing, and Parking, Section 158 -4(D), General Restrictions. The Board of Supervisors of Frederick County, Virginia, hereby ordains that Section 158- 4 (D), of Article lI (Stopping, Standing, and Parking) of Chapter 158 hereby is, amended by enacting amended Section 158 -4 (D) of Article II (Stopping, Standing, and Parking) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia, as follows and to take 041 effect immediately (deletions are shown in bold strikethrough and additions are shown in bold underline : CHAPTER 158 VEHICLES AND TRAFFIC Article II Stopping, Standing, and Parking §158 -4 General Restrictions (D) Parking vehicle without current state license a*d or a current state inspection sticker. It shall be unlawful for any person to park any vehicle on any street or highway without the vehicle displaying a current state license ai-d or a current state inspection sticker, The penalty for any violation of this restriction shall be a fine in the amount of $40. Enacted this 14` day of August, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT #03 -13 OF VERIZON WIRELESS AND BERTHA MCILWEE TRUST SUBMITTED BY DONOHUE & STEARNS PLC FOR A 195 FOOT TOWER AND EQUIPMENT SHELTER. THE PROPERTY IS LOCATED AT 2250 BACK MOUNTAIN ROAD (ROUTE 600), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 49-A-28 IN THE BACK - CREEK MAGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request to construct a 195 foot monopole telecommunications facility on Back Mountain Road in the Back Creek Magisterial District. The property is currently zoned RA (Rural Areas) District. Zoning Administrator Cheran went on to say, should the Board find this request appropriate, staff suggests the following conditions: 26 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit, Zoning Administrator Cheran concluded by saying the Planning Commission held a public hearing and recommended approval with the above conditions. Supervisor Fisher asked if there was any reason the comments received from the Winchester Regional Airport were not addressed in the conditions. Planning Director Eric Lawrence responded that comment #1 would address those issues. Tracy Themak appeared before the Board on behalf of the applicant. Supervisor Lofton asked why the property was being accessed off of Rappahannock Trail. Mrs. Themak responded the tower was to be located at the rear of the property. Supervisor Lofton asked if the applicant had appeared before the Shawneeland Sanitary District Advisory Committee regarding access since the roads in the community are private. Stephanie Petway, Zoning Project Manager, responded the applicant and the sanitary district have not had a conversation regarding access. Supervisor Lofton advised this was a private street network. He went on to say he did not know how much traffic this project would generate or how much Verizon would be willing to contribute to the upkeep of the roadways. 27 Mrs. Petway responded the applicant could work to get access off of Back Mountain Road, but it would be a little more difficult. Mrs. Themak stated the majority of the traffic would occur during construction. After construction, traffic would consist of about one to two visits per month. Chairman Shickle convened the public hearing. Barry VanMeter, Chairman of the Shawneeland Sanitary District Advisory Committee, appeared before the Board regarding this application. He advised the Advisory Committee objects to the current plan. He noted he has good service with Verizon. He went on to say the proposed advantage of this project was an increase in Internet access, but the cost is too high and the need was minimal. Mr. VanMeter stated access from Rappahannock Trail was a critical issue to the advisory committee. He advised that co- location was also a concern due to increased traffic. He went on to say Verizon had made no provision to pay access fees for road repairs. He noted the strobe light was an issue for the houses on the side of the mountain. The Advisory Committee would like to see Verizon pay the sanitary district for access or move the tower down a �/z mile. Cindy Bowman, Back Creek District, expressed concern about the electromagnetic fields and Electro -hypersensitivity caused by these electromagnetic fields. She advised that she experienced 40 physiological changes as a result of EMFs. She stated the Verizon plan did not include the output of the strobe light in its analysis. She went on to say the property /resale value decline of her property is also a concern. She urged the Board to reject the permit due to the number of people who will be negatively affected. 28 Tom Rosenberger, Back Creek District, advised he was an adjacent property owner. He stated there were a lot of cellular service dead zones between Mountain Falls and Interstate 81. He concluded by saying he was in favor of this tower. There being no further comments, Chairman Shickle closed the public hearing. Mrs. Themak advised Verizon did have an EMF Report and noted the emissions were well below 1% of the maximum allowed exposure. She concluded by saying she has a document stating this tower is within the maximum exposure limit. Paul Dugan, consultant for the applicant, appeared before the Board to address the electromagnetic field concerns. He noted the FCC standard was adopted from recommendations from organizations that do this type of research. He went on to say Verizon provides information and he performs calculations based on the approved formulas. Supervisor Lofton stated he could not support this request because: - The residents must pay to maintain the private roads. - The visual impact of the tower is a concern. Moving the tower might go a long way to addressing this concern. - He would like to give Verizon an opportunity to address the concerns raised by the Shawneeland Sanitary District Advisory Committee. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board postponed this item until the September 9, 2013 meeting in order to allow Verizon to address the concerns raised. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye 29 Robert W. Wells Aye Supervisor Lofton stated he would like to see a coverage map showing the tower moved 1 /3 mile down the road. CONDITIONAL USE PERMIT #04 -13 OF TRACY ALT, FOR A REVISION TO THE REQUIREMENTS UNDER CONDITIONAL USE PERMIT #01 -11 ENABLING AN IN -HOME FAMILY DAY CARE FACI_LI_TY. THIS REQUEST IS FOR THE PURPOSE OF INCREASING THE NU ...,..,, MBER OF CHILDREN BEING CARED FOR AT ANY GIVEN TIME. THE PROPERTY IS LOCATED AT 110 O'BRIEN'S CIRCLE (SHENANDOAH HILLS), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55F -1 -3 -140 IN THE RED BUD MAGISTERIAL DISTRICT. — WITHDRAWN AT THE APPLICANT'S REQUEST This item was withdrawn at the request of the applicant. REZONING #09 -12 OF CLEARBROOK RETAIL CENTER, SUBMITTED BY GREYWOLFE, INC., TO REZONE 14.53 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED ON MARTINSBURG PIKE ( ROUTE 11 700 FEET SOUTH OF THE INTERSECTION WITH CEDAR HILL ROAD (ROUTE 671) FRONTING ROUTE 11 AND INTERSTATE 81, AND IS IDENTIFIED BY PROPRETY IDENTIFICATION NUMBER 33 -A -125 IN THE STONEWALL MAGISTERIAL DISTRICT. - DENIED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 14.52 acres from RA (Rural Areas) District to B2 (General Business) District with proffers in the Stonewall Magisterial District. The Planning Commission originally tabled this application for 45 days. During that time, the applicant revised the traffic impact analysis. The Planning Commission recommended denial of this application at its February 20, 2013 meeting. Deputy Director Ruddy noted the applicant proffered $75,000 for transportation improvements. He went on to say the proposed 132 zoning was consistent with the Northeastern Land Use Plan. He concluded by saying the potential impacts had been addressed. 30 Gary Oates, GreyWolfe, appeared before the Board on behalf of the applicant. He gave brief overview of the project's history and reviewed the changes that have been made to the application: - He met with the neighbors. - Buffers were increased. - Gas station uses were excluded. He went on to say the Planning Commission denied the rezoning. Mr. Oates explained the land has been designated for commercial use since 19 89. He noted the need for shovel ready sites in the county. He stated the four neighbors were not in favor of this project. He concluded by saying the application meets the land use and transportation requirements of the Comprehensive 19 Chairman Shickle convened the public hearing. Debbie Driver, Stonewall District, appeared before the Board in opposition to this project. She asked how the Board could preserve the county's rural heritage with roads that cannot handle more development. She went on to say Route 11 was not ready for this piece of the puzzle. She stated the neighboring properties would have to connect to water and sewer service. Mrs. Driver expressed concern the rezoned property would devalue her property if she were to keep it as residential. She expressed concern that the Board appointed someone to the Planning Commission who would benefit from this project. She concluded by asking the Board to deny this application because the timing was not right and the rezoning would adversely affect her lifestyle. Elizabeth Regan, Stonewall District, appeared before the Board on behalf of her neighbor Elizabeth Martin. She read a letter opposing the proposed rezoning. She noted: a - The rezoning would not improve the living environment of her property. - Transportation is not adequately addressed. - The buyer should have access to the inter - parcel connector on the property. - In December there was a fire and illegal drug activity on the property, She concluded by urging the denial of this rezoning. Dan Schall, Stonewall District, appeared before the Board regarding this item, He noted the restrictions on the property do not permit anything to be built. Mark Regan, Stonewall District, noted on December 30` a fire broke out on the property. He went on to say public records confirm an ongoing drug case and there had been a theft sting operation on the applicant's property, He stated this is not the type of property the County should be involved in. He thanked Commissioner Mohn for making the motion to recommend denial of this rezoning. He concluded by saying this area of Frederick County is nearly uninhabitable and asked Supervisor DeHaven to move for denial. Phil Martin, Stonewall District, spoke in support of this project and would like to see it move ahead. There being no further comments, Chairman Shickle closed the public hearing. Mr. Oates addressed the issues raised during the hearing. He stated that he keeps his role on the Planning Commission and his business separate. The December fire was a kitchen fire. The police sting was due to a rash of thefts in that area and was not drug related. He concluded by saying he could not make all of the neighbors happy and he had address all of the agencies' concerns. Supervisor DeHaven stated he thought Mr. Oates had done a good job addressing the impacts and the owner has also tried to address the impacts. He went on to say this was a 32 transition corridor and he did not believe the first property to develop should be adjacent to existing residential. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board denied Rezoning #09 -12. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye AN AMENDMENT TO THE 2013 -2014 CAPITAL IMPROVEMENT PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF CAPITAL PROJECTS REQUESTED BY VARIOUS COUNTY DEPARTMENTS AND AGENCIES. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. ONCE ADOPTED, THE CIP IS A COMPONENT OF THE 2030 COMPREHENSIVE PLAN. THE COUNTY SEEKS TO AMEND THE CURRENT CIP TO ADD ONE PROJECT A NEW COUNTY/SCHOOL BOARD ADMINISTRATION BUILDING, TO BE LOCATED GENERALLY IN THE COUNTY'S URBAN DEVELOPMENT AREA. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was an amendment to the 2013 -2014 Capital Improvement Plan to include a new County and School Board Administration Building. The Planning Commission denied this amendment because the amended Capital Improvement Plan did not conform to the Comprehensive Plan. The proposed building will be located within the urban development area with funding and the construction schedule to be determined. He concluded by saying this proposal would eliminate the School Board Administration Building. Supervisor Collins asked why the Board was required to do this. 33 Deputy Director Ruddy stated this satisfies the State Code requirement that the Capital Improvement Plan conform to the Comprehensive Plan and future budget expenditures. Administrator Riley added that in order to move through the PPEA process this item must be reflected in the Capital Improvement Plan, He concluded by saying, until we get through this process, we should probably not do more with the proposal. Supervisor Lofton asked why the School Board Administration Office Building was being removed from the plan. He went on to say it looks like we are moving forward with consolidation. Chairman Shickle convened the public hearing. Irene Terrill, Stonewall District, stated the current county office building was only 18 years old and had been added on and renovated to meet the County's needs. She noted city hall was over 100 years old. She went on to say she was trying to find the justification for this new building. She did not understand why the County wanted to do this. She asked why the Board was ignoring the Planning Commission's 9 -3 vote to deny this proposed amendment. She went on to say the School Board was not interested in being a part of this project. She asked about the interest rate and what the cost would be to the taxpayers. She stated there were no competing proposals, so why is the information still proprietary. She noted the current building was centrally located for the county's citizens. She concluded by saying she was not seeing the justification for this project, the new building was not needed, and this request should be denied. William Bartee, Shawnee District, stated he read the articles in The Winchester Star and the school board was not interested in being part of this project. He went on to say the school board was being brought along to fill the building space. He stated he could not see the need to leave downtown. He noted 99% of the citizens do not know what is going on. He suggested the 34 Board should hold meetings to explain the project to them to include the pros, cons, etc. He also read that $5 million in assessments were zeroed out. Where did that money come from? He went on to say he did not understand what was going on. He concluded by saying this was a backdoor way to amend the Capital Improvements Plan and asked why there was a rush to do this. Dody Stottlemyer, Shawnee District, stated she was surprised by the speed with which the Planning Commission asked to voted on this amendment. She asked why this could not wait until the Board considers the Capital Improvement Plan next year. She noted the PPEA guidelines do require projects to be listed on the Capital Improvement Plan. She went on to say there were a lot of questions ranging from the CDA to the zeroing out of fines and penalties in May. She wanted to know the entity's relationship to the proposer and the total cost of this project to the taxpayers. She noted PPEAs do take citizens' comments into consideration, George Hughes, Gainesboro District, asked what this project was going to cost. He felt strongly that the Capital Improvement Plan should not be modified on a whim. He stated the CIP should not be amended without a good reason. He concluded by saying this is not the time to change the plan. Marty McGrew, Opequon District, stated since the Planning Commission voted 9 -3 to deny, what did they know that the public does not. He expressed concern about the lack of transparency — "we can't know who's involved ?" He went on to say he did not believe the proposal was totally unsolicited. He asked, if we do not know who they are, how do we know the impact? He concluded by saying the Board was about to make a leap into the law of unforeseen consequences and he recommended the Board slow down. There being no further comments, Chairman Shickle closed the public hearing. 35 Supervisor DeHaven stated the misinformation and lack of understanding of the process is incredible. He went on to say we did not create this process, but we have to live in it in order to consider an application that needs careful consideration. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the amendment to the 2013 -2014 Capital Improvement Plan. WHEREAS, the Frederick County Planning Commission held a public hearing on the proposed Amended 2013 -2014 Capital Improvements Plan (CIP) for Frederick County on July 17, 2013; and WHEREAS, the Frederick County Planning Commission recommended denial of this amended plan at their regular meeting on July 17, 2013; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this plan during their regular meeting on August 14, 2013; and WHEREAS, the Frederick County Board of Supervisors supports the priorities for capital expenditures contained in the Amended Capital Improvements Plan (CIP) and has affirmed that the projects contained in the Amended Capital Improvements Plan (CIP) conforms to the Frederick County Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the Amended 2013 -2014 Capital Improvements Plan (CIP) for Frederick County, Virginia as an element of the Comprehensive Policy Plan. Passed this 14 day of August, 2013. Supervisor Fisher stated the Board would not be doing its due diligence if it did not approve this amendment. He went on to say this proposal needs to be looked at. Supervisor Collins stated the Board is still receiving all of the information regarding specifics. He went on to say he was distressed by the misinformation or speculation put out by the media. He advised we have not seen the tip of the iceberg on this project. He concluded by 36 saying he would follow the advice of legal counsel and staff and we have to do this to continue the review process. Supervisor Lofton agreed with the other board members. He stated there had been a lot of assumptions and speculation about this project, but the Board needed to take this opportunity to fully explore this proposal. Supervisor Wells stated it is not new to have proprietary information contained in these types of proposals. He did not know where a lot of the speculation was coming from, but the County has received and dealt with similar proposals for other projects. Supervisor Hess noted a lot of valid questions had been asked by the speakers. He went on to say the Board owed it to the citizens to review this proposal to determine if it is in the best interest of the County. He concluded by saying this vote was not a step in the approval of this project, but a stop to look at the proposal. Chairman Shickle stated there were a lot of questions that we might never know the answers to until we amend the Capital Improvement Plan. There being no further discussion, the motion to approve the amendment to the 2013- 2014 Capital Improvement Plan was approved by the following recorded vote; Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye ORDINANCE AMENDMENT -- FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, SECTION 165- 101.02 DEFINITIONS & WORD USAGE. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, SUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC 37 USES. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 — RA RURAL AREAS DISTRICT SECTION 165- 401.02 PERMITTED USES. PART 402 — RP RESIDENTIAL PERFORMANCE DISTRICT SECTION 165- 402.02 PERMITTED USES — PROPOSED REVISIONS TO ALLOW TEMPORARY FAMILY HEALTH CARE STRUCTURES AS A PERMITTED USE. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Zoning Ordinance to allow temporary medical cottages in the RP (Residential Performance), RA (Rural Areas), R4 (Residential Planned Community) and R5 (Residential Recreational) Zoning Districts. She noted the Virginia Code requires counties to allow this as a permitted accessory use in all residential zoning districts where single family detached dwelling units are permitted. She concluded by saying the proposed amendment would add this use as a permitted use in the designated zoning districts and supplementary use regulations have been prepared to regulate this use. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the ordinance amending the Frederick County Code Chapter 165 Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, §165- 101.02 Definitions & Word Usage; Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 — Additional Regulations for Specific Uses; Article IV Agricultural and Residential Districts, Part 401 — RA Rural Areas District, § 165- 401.02 Permitted Uses, Part 402 — RP Residential Performance District, §165 - 402.02 Permitted Uses. WHEREAS, an ordinance to amend Chapter 165 Zoning to allow temporary family health care structures as a permitted use and to add definitions that correspond to the use; and 38 WHEREAS, the Planning Commission held a public hearing on this ordinance at their regularly scheduled meeting on July 17, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance at their regularly scheduled meeting on August 14, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the public necessity, convenience, general welfare, and good zoning practice. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to allow temporary family health care structures as a permitted use and to add definitions that correspond to the use. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 — General Provisions § 165- 101.02 Definitions & word usage. CAREGIVER - An adult why _provides_care for a mentally or physically impaired person within the Commonwealth. For purposes of the placement of „a„ temporary__family health care structure a care giver shall be either related b blood marriage or adoption to or the legall appointed guardian of the mentally or physically impaired person for whom they are providing care for. MENTALLY OR PHYSICALLY IMPAIRED PERSON - A person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in § 63.2 -2200 as certified in a writing provided by _a physician licensed by the Commonwealth. TEMPORARY FAMILY HEALTH CARE STRUCTURE - A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or h sicall impaired eersor that (i ) is primarily assembled at a location other than its site o f installation; ii) is limited to one occupant who shall be the mentally or „physically impaired p erson, or in the case ot a married coy le two occu ants one of whom is a mental! y or physically impaired_ person, and the other requires assistance with one or more activities of daily living as defined in § 63.2 -2200, as certified„ in writing by a physician licensed in the Commonwealth; iii has no more than 300 gross square feet; and iv complies with applicable provisions of the Industrialized Building Safety Law § 36 -70 et seg.) and the Uniform Statewide Building Code 0 36 -97 et se .. Pladng the temporary amil health care structure on a permanent Loundation shall not be required or permitted. Article 11 39 SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses $ 165- 204.27. Temporary family health care structures. Where allowed a teMporarE anvil health care structure shall meet the followin requirements: A. A temporary family health care structure shall be permitted for use by a carmiver in p roviding care or a mentall or h , AkqLIV impaired person on propeLty owned or occu ied bE the caregiver as his residence as a ,permitted accessory use. Outside agencies or persons not resj on the j � maE provide care or the mentall or physically impaired person residiniz in the structure. i B. No temp oran LamLly health care structure shall be installed without first obtainin g a permit. The permit holder shall provide the County with evidence of compliance on an annual basis as long as the temporary family health care structure remains on the property C Only one temporary family health care structure shall be placed on a Lot or parcel of land. Such structures shall com Y with all setback requirements that Mply to the primar structure and with any maximum floor area ratio limitations that may apply to the primary structure. ^ D. Any temporary family health care structure shall be connected to the water, sewer, and electric utilities servin g the primaEE residence on the prgp and shall comply with all applicable requirements of the Virginia Department of Health, E. No si na a advertising or otherwise promoting the existence of the temporary amil health care structure shall be permitted either on the exterior of the structure or elsewhere on the p roper tyi F. Any temp orary amil health care structure installed pursuant to this section shall be removed within -60 days of the date on which the temporary family health care structure was last occupied AV a mentalIV or h sicall impaired person receivin services or in need o the assistance provided bV the structure. G. The Zoning Administrator mar revoke the permit granted pursuant to subsection A above i the permit holder violates any provision of this section or the,Code o „Vtrgtn ia. f,., Additionally, the Local moverniM body may seek injunctive relieL or other appropriate actions or proceedi n s in the circuit court of that locality to ensure compliance with this _. section. The Zoning Administrator, is vested with all all necessal;y authority on behalf of the ,,,_„ g overning body o the locali to ensure compliance with this section. ARTICLE IV 40 /te :��rYi11�i 71�1►11 !7 _ ► -I1 i� M 7 U "M Part 401 — RA Rural Areas District § 165 - 401.02 Permitted uses. Structures and land shall be used for one of the following uses: DD. Tem arar amil health care structure. Part 402 — RP Residential Performance District § 165- 402.02 Permitted uses. A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter. B. Structures and land shall be used for one of the following uses: 15 TeMoran LqmtL health care structure. *By adding temporary family health care structure as a permitted use in the RP District it is also automatically a permitted use in the R4 and R5 Districts This amendment shall be in effect on the day of adoption. Passed this 14 th day of August 2013 by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Aye Robert A. (less Aye Gary A. Lofton Aye Robert W. Wells Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #01 -13 OF SHENANDOAH. — APPROVED SEVERANCE OF LAND BAYS Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was master development plan for Shenandoah. The development consists of 926.27 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 residential dwelling units. The land area west of Lake Frederick would consist entirely of age restricted dwellings, totaling 517 units, and would be served by private streets, The land area 41 east of Lake Frederick would consist primarily of traditional residential units, including a mix of single family detached and attached, and would served by public roads. She went on to say the request before the Board was to allow the applicant to sever the commercial and residential land bays. She went on to say the master development plan is consistent with the Comprehensive Plan and Zoning Ordinance. She noted no action was required on the master development plan. Supervisor Lofton asked if any inter - parcel connections would be affected by the proposed severance. Senior Planner Perkins responded the commercial parcel would be accessed off of Lake Frederick Drive, Upon a motion by Supervisor DeHaven, seconded by Supervisor Collins, the Board approved the severance of the commercial and residential land bays for master development plan purposes. Supervisor Wells advised that he had been contacted by several constituents and they asked him to request that the developer do everything they can to work with the age - restricted residents to maintain their age- restricted environment. Supervisor Collins stated it concerned him that the Board could not tighten the requirements when a development changes from age - restricted. He went on to say he was hesitant to approve age - restricted developments in the future. Supervisor Fisher stated he could not support the request. Chairman Shickle advised if the age - restricted requirement was proffered as part of a rezoning then it was a whole different issue than what was before the Board. There being no further discussion, the Board approved the severance of the land bays by the following recorded vote: 42 Richard C, Shickle Nay Charles S, DeHaven, Jr. Aye Christopher E. Collins Aye Gene E. Fisher Nay Robert A. Hess Nay Gary A. Lofton Aye Robert W. Wells Aye ROAD RESOLUTIONS SANTA MARIA ESTATES — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. CHRISTO RAY ESTATES — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and 43 WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33,1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of -way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Marty McGrew, Opequon District, stated he understood what the Board did this evening, but he would be here when the proposal comes back before the Board. BOARD OF SUPERVISORS COMMENTS Chairman Shickle stated that he hoped those citizen groups were trying to convey accurate information and were not fabricating information in order to increase membership, UPON A MOTION BY VICE- CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:35 P.M.) 44 FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES OUTSIDE AGENCIES' PRESENTATIONS August 22, 2013 The Frederick County Finance Committee and members of the Board of Supervisors attended presentations by the various outside agencies held on Thursday, August 22, 2012 at 9:15 A.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Vice - Chairman Charles S. DeHaven, Jr.; Gary A. Lofton, Gene E. Fisher; Robert A. Hess; and Finance Committee citizen member Judith McCann- Slaughter ABSENT Christopher E. Collins and Robert W. Wells OTHERS PRESENT John R. Riley, Jr., County Administrator; Jay E. Tibbs, Deputy County Administrator; Cheryl B. Shiffler, Finance Director; Jennifer Place, Budget Analyst; and Ellen E. Murphy, Commissioner of the Revenue. CALL TO ORDER Chairman Shickle called the meeting to order. Administrator Riley made some brief comments regarding this process. He advised the funding for the various outside agencies has been appropriated, but not disbursed. At the end of the presentations, staff is seeking direction from the group regarding whether funding for the various agencies should be increased, decreased, or maintained at current level. He concluded by saying the presentations are to be kept to 15 minutes each, to include questions and answers. The members of the Finance Committee and the Board of Supervisors heard presentations from the following agencies: 1. Shenandoah Area Agency on Aging 2. Lord Fairfax EMS Council, Inc. 3. Youth Development Center 4. Access Independence, Inc. 5. The Laurel Center to include The Laurel Center Capital Campaign. Following the presentation by The Laurel Center, the presentations recessed at 10:28 a.m. The presentations reconvened at 10:36 a.m. Finance Director Shiffler asked the members to discuss the funding direction. It was recommended: 1. Shenandoah Area Agency on Aging — Funding be maintained at current level. 2. Shenandoah Apple Blossom Festival — Funding be maintained at current level. 3. Lord Fairfax EMS Council, Inc. — Funding be maintained at current level. 4. Youth Development Center — Funding be maintained at current level with the Center to submit quarterly reports to the Parks and Recreation Department for monitoring of county youth participation and duplication of programs. 5. Access Independence, Inc. — Funding was maintained at current level. At 11:00 a.m. Clean, Inc. presented information regarding their agency. At the conclusion of this presentation, the presentations recessed at 11:30 a.m, for lunch. The presentations reconvened at I2:00 p.m. Finance Director Shiffler asked the members to discuss the funding direction for: 6. The Laurel Center — Funding be maintained at current level. The Capital Campaign contribution will be revisited during the FYI 4-15 budget process. 7. CLEAN, Inc. — Funding be maintained at current level. During the afternoon session, the members of the Finance Committee and Board heard presentations from NW Works, Inc. At the conclusion of the presentation, Finance Director Shiffler asked for direction regarding funding, The consensus was to recommend funding be maintained at current level. The presentations recessed at 12:25 p.m. The presentations reconvened at 12:29 p.m. Following the recess, the members of the Finance Committee and Board heard presentations from: 9, Blue Ridge Legal Services 10. Shenandoah Valley Discovery Museum 11. Youth Football Program 12, Our Health, Inc. 13. Northern Virginia 4 -H Educational Center At the conclusion of the presentations, Finance Director Shiffler asked for direction regarding funding. It was recommended: 9. Blue Ridge Legal Service — Funding be maintained at current level. There were comments regarding the possibility of no funding next year. 10. Youth Football — Funding be maintained at current level. There were comments regarding the possibility of assigning a budgetary number to Parks and Recreation so these funds could be monitored, 11, Discovery Museum — Funding be maintained at current level. There comments regarding the possibility of no funding next year, 12. Our Health, Inc. — Funding be maintained at current level. 13. Northern Virginia 4 -H Educational Center — Funding be maintained at current level. There were comments regarding the possibility of no funding next year. There being no more presentations, the meeting adjourned at 2:00 p.m. County of Frederick IIIIIg11U1111l lgNUHgIFHHNl4NIINNIIN11N141i111H411U111111q14UUlUN1 #ININ#UNW 411NNIINIINN4ANNNfINHNHNII. NNNHNNNNHNgItN1111U4NNN11NNIN4UU11WNNNl INUN11UfUUlUNl1iNINNIN111MNN11A1Ng11NNUNl111UNN fFHi Paula A. Nofsinger Director of Human Resources (540) 665 -5668 FAX: (540) 665 -5669 pnofsing @co.frederick.va.us TO: Board of Supervisors FROM: Lynsey Orndorff, HR Generalis DATE: September, 2013j' SUBJECT: Employee Recognition Please find attached, resolution recognizing Stephen Moore with the Frederick County Sheriff's Office for Employee of the Month, September. Deputy Moore plans to attend the September 9t Board Meeting to accept his award. Thanks 107 North Kent Street Winchester, VA 22601 -5000 Ee o ?117*11 V -IJ �a C3 ` Cu R1 `H 4 Oa O� d � �a .o `fJ H O3 O �1 'N F- c.� cv 4 INIIl Iii�IIIIIIIIIIIIIVIIIII�G�; �Hu��i��IIII�dII�INN�INN�iIWINIIWNIIIIi� '�'�UI�nB��III�C O Employee of the Month Resolntion Aww -dtyt to Stephen A. Moo WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy conb ibntious to their department and to the County; and, WHEREAS, Stephen A. Moore who serves the Frederick County Sheriff's Office was nominated for Employee of the Month; and, WHEREAS, Stephen A. Moore is being awarded for his loyalty and commitment to his position as Deputy Sheriff. On June 18, 2013, Deputy Moore observed smoke coming from a building at 300 North Kent Street. He immediately responded and checked to make sure all residents were out of the building. He located a mother and four children Deputy Moore was then notified that a fifth child was still in the residence. When the mother ran back in the burning home to find the fifth child, Deputy Moore went in after her and then brought her back out when he noticed burns on her arms. He then went back in again with Winchester Police Officers to continue to search for the child, but they were forced out of the building when fire and smoke fully engulfed the residence. Deputy Moore acted with courage, selflessness, and determination. Deputy Moore is to be commended for his initiative and dedication. NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9th day of September, 2013, that Stephen A. Moore is hereby recognized as the Frederick County Employee of the Month for September 201.3; and, BE FT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Stephen A. Moore for his outstanding performance and dedicated service and wishes him continued success in future endeavors, and, BE IT FURTHER RESOLVED, that Stephen A. Moore is hereby entitled to all of the rights and privileges associated with his award. County of Frederick, VA Board of Supervisors �� Richard. C. Shickle, Chairman COUNTY of FREDERICK TO Board of Supervisors FROM: John R. Riley, Jr., County Administrat DATE: September 4, 2013 RE: Committee Appointments John R. Riley, Jr County Administrator 540/665 -5666 Fax 5401667 -0370 E -mail: jriley @ co.frederick.va.us Listed below are the vacancies/appointments due through December, 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 Edward J. Keenan - Shawnee District Representative 840 Carpers Valley Road Winchester, VA 22602 Home: (540)667 -4816 Term Expires: 01/25/14 Four year term (Mr. Keenan has resigned.) Parks and Recreation Commission Ron Hodgson — Stonewall: District Representative Sportsplex 221 Commonwealth Court Winchester, VA 22602 Office: (540)868 -2200 Term Expires: 06/23/14 Four year term (Mr. Hodgson has resigned). 107 North Dent Street - Winchester, Virginia 22601 Memorandum — Board of Supervisors September 4, 2013 Page 2 NOVEMBER 2013 appointment of arale Fox and reaOobintment'of LaerV'Sulliyan . The County has 5 seats on the Handley RegionalLibrary 'Board. Members may only serve two terms. Mr. Grogg'is not eligible for reappointment) Memorandum - Board of Supervisors September 4, 2013 Page 3 Industrial Development Authori Jay C. Meyers Gainesboro District Representative 162 Upper Ridge Road Winchester, VA 22603 Dome (540)3.27 -0744 Term Expires. 11/18113 Four year term Planning Commission ,tune M. -Wilmot -- Member -At -Large 412`.Westside Station Drive Winchester, VA 22601 Home: (540)678 -0278 Term Expires: 11114/1.3 Four year term' Shawneeland Sanitary. District Advisory Committee William T. Swimley, Jr.. 148: Juniper Trail Winchester, VA 22602 Home: (540)877 - 2114 Term Expires 11/09113 TWO yearterrn Hugh B. Van Meter. 106 Potomac Trail Winchester, VA 22.602 Home: (540)877 -3522 Term Expires: 11/09/13 Two year term DECEMBER 2013 Memorandum — Board of Supervisors September 4, 2013 Page 4 (There are seven members on the Board of Zoning Appeals. Recommendations for appointment/reappointment are made by the Board of Supervisors and submitted to the Judge of the Frederick County Circuit Court for final appointment:) J RRlttp Attachments U:1TJ Plcomm itteeappointrnents\MmosLetrsZoa rdCommitteeAppts (09094 3Mtg). docx y' 161 INFORMATIONAL DATA SHEET FOR Syr i3� � FREDERICK COUNT`' BOARD OF SUPERVISO 4 Cs f1 COMMITTEE APPOINTMENTS �`�� ��► � J I v � � ? Qn)me - t S. `� I]istrict Supervisor V1d like to nominate you to serve on the n r a t?c, As a brief personal introduction to the other Boa id members, please fill out the in ormation requested below for their review prior to filling the appointment. (Please Print Clearly. Thank You.) Nance: �f'C� � - �"G Home Phone: , � Q �` I � B - . � Address: V Phone: 9 - -- (0 J Employer: _ _•_ Email ����� e.fl ( Occupation: i� r ns y, e 4 i V e- Civic /Community Will You Be Able To AttenoThis Committee's Regularly Scheduled Meeting On: i 3 rcA . " �-s Ctc, b. ::ffi e- Yes: L No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: L' Explain: Additional information Or Comments You Would Like To Provide (1f you need more space, please use the reverse side or include additional sheets): Date: Applicant's Nominating Supervisor's Comments: (06109106) 211 Fairfield Drive Winchester, VA 22602 carOiefoxOI@comcast.net 540-723-6382/540-327-6311 I have been a resident of Frederick County, Shawnee District, for 17 years. During that time I have worked for three national non - profit organizations —Smithsonian Institution, National Wildlife Federation and US Holocaust Museum, I have successfully balanced the generation of revenues with effective cost savings. I believe that these skills would be beneficial to the Handley Regional Library Board. I strongly believe that the Handley Regional Library is a benefit to our community & I would look forward to serving. I appreciate your consideration. POSITIONS Director of Membership Services — US Holocaust Museum Vice President Operations /Manufacturing -- National Wildlife Federation Assistant Director — Smithsonian Institution Catalogue Operations Manager — Smithsonian Institution Catalogue RESPONSIBILITIES Responsible for an Operations budget of $14,000,000.00 Budget & strategic planning responsibilities for operations & manufacturing with gross revenue of $50,000,000. Supervised seven divisional directors and approximately 350 employees. Responsible for the successful development, implementation and evaluation of a cost - effective program that generated revenue, provided quality customer service in the consumer /business to business arenas. Researched, selected and managed the installation of all technology required to enhance business needs. INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISOR u s COMMITTEE APPOINTMENTS W...Y 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.) Home Phone: Name: € .��� �(�._ (065 it�� Address: a dine Phone: �l 1�C c,4S f 1f Fax: Employer: Email: Occupation : £, _._,� ' Civic /Community Activities: 9C[)QK ° 1 `� '� Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: L-- No: Do You Foresee Any Possible Conflicts Of joterest Which Might Arise By Your Serving On This Committee? Yes: No: "�-' Explain: Additional Information Or Comments You Would Dike To Provide (If you need more space, please use the reverse side or include additional sheets): Applicant's Signature: 1 jtN, Date: 7 Nominating Supervisor's Comments: (06109/06) C:%TJPlforms\CommitteeAppl i cationMtr.wpd °reder ck County Public Schools .. to ensure all students an excellent education Executive Director of Finance DATE: August 23, 2013 TO: Cheryl Shiffler, Frederick County Finance Director FROM: Lisa K. Frye, Executive Director of Fine SUBJECT: Fall 2013 VPSA Bond Application fryeQfrederick,kI2 va.us On August 19, 2013, the school board approved a resolution authorizing the application to participate in the Virginia Public School Authority (VPSA) Fall 20I3 bond sale and requests Board of Supervisor approval of the county's participation in the sale. It is requested that the required public hearing for the process be set for October 9, 2013, . after which action by the supervisors can be taken. Once received from bond counsel, a sample copy of the Board's resolution will be forwarded for your information and review. Proceeds from the bond sale will satisfy the projected cash needs for the construction of the elementary school additions and for A/E services for the replacement middle school. The amount of the bond application is $5,400,000. Thank you. cc. David T. Sovine, Ed.D., Superintendent John R. Riley, County Administrator Bond Counsel 1 415 Amherst Street www,frededck.kt 2.va.us 540- 662 -3M P.O. Box 3 fax 540.722.3917 Winchester„ Virginia 22644 -2546 c *; r BUG C Itin �17c �, z = -. On August 19, 2013, the school board approved a resolution authorizing the application to participate in the Virginia Public School Authority (VPSA) Fall 20I3 bond sale and requests Board of Supervisor approval of the county's participation in the sale. It is requested that the required public hearing for the process be set for October 9, 2013, . after which action by the supervisors can be taken. Once received from bond counsel, a sample copy of the Board's resolution will be forwarded for your information and review. Proceeds from the bond sale will satisfy the projected cash needs for the construction of the elementary school additions and for A/E services for the replacement middle school. The amount of the bond application is $5,400,000. Thank you. cc. David T. Sovine, Ed.D., Superintendent John R. Riley, County Administrator Bond Counsel 1 415 Amherst Street www,frededck.kt 2.va.us 540- 662 -3M P.O. Box 3 fax 540.722.3917 Winchester„ Virginia 22644 -2546 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722-8383 Fax 5401667-0370 E-mail: rwillia@co.frederick.va.us MEMORANDUM TO: Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: August 27, 2013 RE: Commissioner of Revenue Refund Requests co Ci Attached, for the Board's review, are requests to authorize the Treasurer to refund the following entities: 1. Firstmerit Equipment Finance — $2,605.15 2. Probuild East LLC — $2,742.44 Roderick B. Williams County Attorney Attachments 107 North Kent Street • Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia@co.fiederick.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: August 27, 2013 RE: Refund — Firstmerit Equipment Finance — 2013 Personal Property Tax 1 am in receipt of the Commissioner's request, dated August 19, 2013, to authorize the Treasurer to refund Firstmerit Equipment Finance $2,605.15 for amounts resulting from duplicate reporting and subsequent overpayment of personal property taxes on business leased assets for the first and second halves of 2013. Both the leasing company and the finance company reported the same assets, by reports filed under different names and on different dates. 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 prop ed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to ct n the request, as indicated in the Commissioner's memorandum. B.'Williams County Attorney 107 North Kent Street e Winchester, Virginia 22601 August 19, 2013 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 -665 -5681 Fax 540 - 667 -6487 email: emurphy @co.frederick.va.us TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenu RE: Exoneration FIRSTMERIT EQUIPMENT FIN Y p , Please allow the Treasurer to refund $2,605.15 to Firstmerit Equipment Finance for duplicate reporting and subsequent over paying business leased assets for 2013. Company paid both halves of the billing in June. Both the leasing company and the finance company reported the same assets used by a local business. Reports were Eled under different names and on different dates. Staff verified and the result was discovery of the duplication — also authenticated by the leasing and finance companies. The request for refund appears in order and all backup information has been examined, approved, and retained by Commissioner of the Revenue staff. Exoneration total is $2,605.15, li m a a �1 0� ,d s m 0 m: mm 1, 3 w E 3 P, o 0 pp Pi m U U r i z H H W W E G�q £ ,R 1 s4 1 a a E f a a O F= f as ❑ J34 4J 1 m 1 m w ❑ � i F E W H H a.x o w m H E E y EG U n H H N H p Pi W W y W 0 ❑ ..i W 1 m w q I D I P$ W H H p 1 N I N N 1 In 0 0 I P 0 u1 P O a iC 1 M M 1 b to b ri C m Yr W a E 1 U E ur ✓r I yr yr H N 2 41 i IC O H l 1 4 m m rn q F E ry 1 ti .4 F' p } 1 1 00 l4 N N O , za U 14 ❑ 1 " w E l4 v1 cn o is w rd O i m m v 44 N o O b 1d O In +J H H YC I ti n O E m PJ I 0 0 V I 01 P3 - 4 1 H 1 e N N m DO N E w b q o 0 P O d 0 P4 W +� C i 7 M 1 P. 1 I m c .a O O 1 0 P q 1 W U Pni q P n a a r E � y COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail: rwillia @co.frederick.va.us MEMORANDUM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: John R. Riley, Jr., County Administrator FROM: Roderick B. Williams, County Attorney DATE: August 27, 2013 RE: Refund — Probuild East LLC — 2012 and 2013 Personal Property Tax I am in receipt of the Commissioner's request, dated August 21, 2013, to authorize the Treasurer to refund Probuild East LLC $2,742.44 for amounts relating to vehicles sold or moved out of state for 2012 and first half 2013. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. Further pursuant to Section 58.1- 3981(A), the Board of Supervisors will need to act on the request, as 4 ind' ind' in the Commissioner's memorandum. Roderick B. lams County Attorney 107 North Kent Street - Winchester, Virginia 22601 August 21, 2013 Frederick County, Virginia Ellen E Murphy Commissioner of the Revenue 907 North Kent Street Winchester, VA 22609 Phone 540 - 665 -5689 Fax 540 - 667 -6487 email. emurphy @cafrederick.va.us TO: Mr. Roderick Williams, County Attorney Frederick County Board of Supervisors FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration PROBUILD EAST LLC Please allow the Treasurer to refund $2,742.44 to Probuild East LLC for vehicles sold or moved out of state for 2012 and 2013. Refund includes personal property taxes and registration fees on large vehicles. The request for refund appears in order and all backup information has been examined, approved, and retained by Commissioner of the Revenue staff. Detailed data is secure. Exoneration total is $2,742.44. Date: 8/20/13 Cash Register: COUNTY OF FREDERICK Time: 09:46 :20 Total Transactions: Customer Name: PROBUILD EAST LLC Customer Transactions: 13 Options: 2 =Edit 4= Delete 5 =View 0 Dept Trans Ticket No. Tax Amount Penalt /Int Amount Paid .• :PP 2 ,,4320010 $57. .00 57.92- PP2012 2 00421320012 $60.75- $.00 $60.75- _ PP2012 3 00421320022 $451.48- $.00 $451.48- _ PP2013 4 00426030005 $156.74- $.00 $156.74- _ PP2013 5 00426030007 $109.35- $.00 $109.35- _ PP2013 6 00426030009 $659.14- $.00 $659.14- _ PP2013 7 00426030011 $634.84- $.00 $634.84- _ PP2013 8 00426030015 $487.22- $.00 $487.22- _ VL2013 9 00591850001 $25.00- $.00 $25.00- _ VL2013 10 00591860001 $25.00- $.00 $25.00- _ VL2013 11 00591870001 $25.00- $.00 $25.00- _ VL2013 12 00591880001 $25.00-- $.00 $25.00 --• Multiple Pages Total Paid : $2,742.44 F3 =Exit F14 =Show - Map# F15 =Show Balance F18= Sort - Entered F21= CmdLine COUNT' of FREDERICK Parks and Rccrcatioti Dcpartmcnt VIJU 540- 665 -5678 FAX: 540 -665 -9687 w"vw. fcprd.tict r) (i` ) . tr e d„dc .t.c. k.va.us To: John R. Riley, Jr., County Administrator From.: Jason L. Robertson, Director, Parks & Recreation Dept. Subject: Parks and Recreation Commission Action Date: August 20, 2013 The Parks and Recreation Commission met on August 13, 2013. Members present were: Ronald Madagan, Charles Sandy, Jr., Kevin Anderson, Patrick Anderson and Gary Longerbeam. Members absent were: Marty Cybulski, Greg Brondos, Jr. and Christopher Collins. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only 1. Mission Vision Statement — Mr. Kevin Anderson moved to adopt the Department Mission/Vision statement as submitted, second by Mr. Madagan, motion carried unanimously (5 -0). Please find attached a copy of our Mission/Vision Statement, 2. Co- Sponsor Policy — Mr. Sandy moved to postpone the adoption of the co- sponsor policy until next month's meeting, second by Mr. Madagan, motion carried unanimously (5 -0). cc: Martin Cybulski, Chairman Christopher Collins, Board Liaison 107 North Kctit Street Winchcstcr, VA 22601 FCPRD Mission Statement 4 statement of our organization's goals and philosophies, a mission statement defines what our organization is, why we exists, and our reason for being. The Frederick County Parks and Recreation Department strives to enhance the quality of life through recreational opportunities and programs, parks, and facilities for the community and to protect resources for future generations. FCPRD Vision Statement A statement that answers the question, "Why are we here?" Making life better through people, parks, and recreational opportunities. COUNTY of FREDERICK, VIRGINIA. DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstone Drive, Winchester, VA 22502 TO: Board of Supervisors MEMORANDUM FROM: LeeAnna Pyles, Director Public Safety Communications SUBJECT: Public Safety Committee Meeting. Report for August 19, 2013 DATE: August 30, 2013 LeeAnna Pyles Director, Public Safety Communications A meeting of the Public Safety Committee was held on Monday August 19, 2013 at 8 :30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Chuck Torpy, Chris Collins and Michael Lindsay. Member Gene Fisher was absent. Also in attendance were County Administrator John Riley, Public Safety Communications Director LeeAnna Pyles, Fire & Rescue Chief Denny Linaburg, Deputy Fire Chief Larry Oliver, County Attorney Rod Williams, Human Resources Director Paula Nofsinger, Sheriff Robert Williamson and Fire & Rescue Association President Tim Price. The following items were discussed: ** *Items Not Requiring Action * ** 1. Discussion of Evidence Tech position Sheriff Williamson was recently notified that the department's current fulltime Evidence Tech is going to retire next year. This position is responsible for transporting and logging all evidence received by the Sheriff's Department. The Department needs to hire a person to begin training in this position so the transition will be smooth. The position would be a temporary part -time position until the current employee retires. Sheriff Williamson asked the Public Safety Committee for authorization to move forward to the HR Committee to request for the additional position on a temporary basis. The Committee unanimously referred the above request to the Human Resource Committee far consideration. Director (540) 665 -6356 a Fax (540) 723 -8848 2. Star Tannery request for staffing (Attachment A) Chief Linaburg received a letter from Star Tannery (Co. 17) requesting of additional staffing. Star Tannery is the last company in the County that does not have daytime career staffing, They are a dual dispatch company with Middletown and North Mountain and also share runs with Shenandoah County as there is an overlap in the coverage area. The Committee asked Chief Linaburg for additional information including: copies of first due maps, number of calls run, and any supporting documents that would illustrate the need for daytime staffing. The Committee generally supported this request, but postponed action until additional information is received. This item will be discussed at the next PSC meeting. 3. Proposal to change Fire and EMS reporting program (Attachments B -G) The Fire & Rescue department currently utilizes Firehouse software to input reports for EMS and fire calls. This software has become increasingly difficult to use, manage reports, and staff has experienced tremendous technical difficulties with keeping the software updated and functional. There is an increased level of frustration with the current software. The department believes it would be better off with a new system. Chief Linaburg has worked with the IT department in an effort to try to resolve these issues, but both parties have come to the conclusion that the FireHouse software is unreliable and a new vendor is needed for this service. ImageTrend is a newer updated software program currently used by the State. ImageTrend would be the host server, meaning they would run the software and maintain the server. The EMS portion of this software is free with the signed contract and the other portions would be financed accordingly. With this new software, reports can be inputted in a timely fashion and with more user friendly functionality for the end user. Chief Linaburg mentioned that the department has been working on a grant to purchase hand held units (e.g. Wads) so companies can make reports in real time with ImageTrend. There are no problems with integration of the software with the 911 center, hospitals, or any of the other fire companies. It was noted there would be no interruption in the Fee for Service program. The Public Safety Committee recommended this issue he sent to the IT Committee for review and approval of the new ImageTrend hosted software, 4. Revenue Recovery update fAttachments H -K Deputy Chief Larry Oliver presented an update on the Revenue Recovery program. A contract has been signed with Premier Accounts Receivable and Anthem. Medicare /Medicaid /Tricare applications have been submitted. It will take approximately 120 days for approval. The EMS billing position has been filled. Deputy Oliver supplied copies of the four primary forms that will be utilized with the Revenue Recovery program. The privacy notice will be handed out to every patient. The verbiage on the form cannot be changed as it is a Federal notice. The second form will be given to every transport which authorizes the County to bill the patient's insurance company. This is also a Federal notice and cannot be changed. The third form is the consent form for Medicare /Aid/Tricare to be billed upon transport. The final form is the only one citizens might see. This form will be used for motor vehicle accidents where the transported person is not a resident of Frederick County and we might not obtain the insurance information up front. The Fire & Rescue office will be scheduling dates for EMS training on all forms. The unofficial launch date for the Revenue Recovery program will be October 1, 2013. A public education program is beginning with the help of the fire companies and staff. The County has a line item appropriated with $800,004 to fund the EMS billing position, reimbursement of supplies, and payment to Premier. Premier will provide statistical analysis reports within the first year to gauge if we are on target with goals, potential co-pays, payments received and protocol of services rendered. Next Meeting: WW II Adjourn: The meeting was adjourned at 9:30 a.m. Respectfully submitted, Public Safety Committee Gary Lofton Tim Price Gene Fisher John Riley Brenda Vance Ronald Wilkins Sheriff Robert Williamson Ann B. Lloyd Glen Williamson Denny Linaburg Rod Williams Chuck Torpy Chris Collins Michael Lindsay By U LeeAnn Pyles, Director lic Safety Communications LP /sds Star fiat' Fir Bap"tm ImcarpcPrated tzmkaaM2654 July 19, 2013 Chief Denny tinaburg Frederick County Fire and Rescue 1080 Coverstone Drive Winchester, Virginia 22662 Chief Limburg, Star Tannery Volunteer Fire Department was founded in 1971 as a group of tike minded Individuals who wanted to Improve their community. In 2605, the same group of individuals saw the need to further improve services to the community by adding a transport unit. With this addition, we provide faster definitive care to those citizens in a medical emergency. Now, we see the need to re-evaluate our community's needs. The Star Tannery Volunteer Fire and Rescue Department is hereby requesting day time career staffing. With our growing and aging population and a dvAndling volunteer pool, we have reviewed our response area and our response times. On average, we are responding in eight minutes with patient contact within another fifteen minutes, dependingon the location of the call which equal s a twenty - hme mir�•.rte response- By adding daytime careerstaff, we could provide a faster service which would improve our response tirnes. This would provide our community the essential public safety that is needed when ourvolunteers are not available. in closure, we would Iiketo thankthe brotherhood of Frederick County Fire and Rescue, both the career and volunteer personnel who have helped us succeed to this paint in our community. We feet the growing pains of our ever expanding population and we know that daytime staffing would greatly Improve the morale of our membership and the security of our community. Thank you in advance for your consideration of our request. Respeccfrsu ill, Chief Brian Shifflett /eide Rudolph cc. John Rlley, County Administrator Gary Lofton, Supervisor Ship To: Dennis Linaburg Frederick County Fire & Rescue DepartmE 1080 Coverstone Drive Winchester, VA 22602 540 - 665 -5618 dlinabur@co.frederick.va.us 'I _. ::: PROPOSA Description Q nit Price Total'' Software i Rescue Bridge License (Fire & EMS) 1 $22,500,00 $22,500,00 Inclusive of Frederick County Agencies Rescue Bridge Complete Annual Support 1 $3,600.00 $3,600.00 Rescue Bridge Complete Annual Hosting 1 $6,000.00 $6,000.00 EMS Modules Included: Certification Dashboard Run History Documents Staff QA/QI Training Report Winter 2.4 (Transactional) Fire Modules Included: NFIRS 50 Reporting Inspections Activities Inventonr Checklist Locations Fire Shifts Occupants Hydrants Mobile Fire Inspections Client Site License 1 $7,500.00 $7,500.00 Mobile Fire Inspections Client Site License Annual Support 1 $1,200.00 $1,200.00 Field Bridge Site License 1 Provided by VA OEMS "Requires Hardware with Tablet PC Operating System if for Field Use Field Bridge Site License Annual Support 1 Proviced by VA GEMS Other Modules and Integrations CAD Integration to OSSI (inclusive of first agency) 1 $8,000.00 $8,000.00 Additional Frederick County Agencies 1 $5,500.00 $5,500.0C CAD Annual Support 1 $1,280.00 $1,280.00 CAD Annual Hosting 1 $1.500.00 $1,500.00 Training Training Sessions - Onsite(Full Day M -F) 2 $1,000.00 $2,000.00 Travel per Trainer for Onsite Training 1 $1,500.00 $1,500.00 Optional Items Client may elect to purchase any of the following items by checking the associated box. These items will be added to your total cost.] MARS Setup Fee 1 $2,500.00 MARS Annual Transactional Fee 1 $2,000.00 ❑Auta•Post from Rescue Bridge to State Bridge 1 $3,000.00 Inclusive of Frederick County Agencies, regularty $500 per agency Auto -Post from Rescue Bridge to State Bridge Annual Support 1 $480.00 TO TAL Year 1 $60,580.00 ^. Annual Fees after Y ear 1 $13,580.06 Terms of Agreement -The above mentioned items will be invoiced independently upon completion with payment terms of net 30 days. *The recurring annual fees will be billed annually in advance. Project completion occurs upon receipt of the product. • ImageTrend °s license, annual support and hosting are based on 10,000 annual incidents as provided by Client. ImageTrend, Inc. Tel: 952 -469 -1589 20855 Kensington Blvd Fax: 952 -985 -5671 Lakeville, MN 55044 Page 1 of 2 www.imagetrend.com ImageTrend reserves the right to audit the annual incident volume and the option to increase future support and hosting costs, with advanced notification to the Client, if the number of annual incidents increases substantially and has a resulting effect of increased support calls and hosting requirements to ImageTrend. 'All hosting fees are based upon anticipated usage and include an average of 3 Mb Bandwidth and 30 GB of Storage. These fees are subject to annual usage audits, which may affect future fees at an increase of $15IMbimonth for Bandwidth and $15114GBlmonth for Storage. 'ImageTrend reserves the right to reevaluate on an annual basis and potentially increase the ongoing annual fee rates for the subsequent years. The increase shall not, however, exceed inflation, 'This proposal is valid for 90 days. !Vote: If Client would like to schedule Onsite Training on the weekend, additional fees may apply. Note: ImageTrend is not responsible for any CAD Vendor requirements and any associated fees. Approved As: ImageTrend, Inc. Frederick County Fire & Rescue Department Signature Dated Purchase Oraer # (if applicable) If you have any questions regarding this proposal, contact: Eric Kaphingst at 952 -469-6228 or ekaphingst @imagetrend.com Julie Kaufman -Boom at 952 -469 -6163 orjkaufman- boom @imagetrend.com Thank you for your businessl ImageTrend, Inc. Tel: 952- 469 -1589 20855 Kensington Blvd Fax: 952 - 985 -5671 Lakeville, MN 55044 Page 2 of 2 www.imagetrend.com wn PERPETUAL - ` a , ' S OLUTION VERSION 2.0 This agreement exists for the purpose of creating an understanding between ImageTrend and CLIENT who elect to host the application on ImageTrend's servers. It is part of our guarantee for exceptional service levels for as long as the system annual support fee is contracted. The Licensed ImageTrend Hosted Solution Service Level Agreement guarantees your web application's availability, reliability and performance. This Service Level Agreement (SLA) applies to any site or application .hosted on our network as contracted. 'I. Grant of License In accordance with the terms and conditions hereof, IMAGETREND agrees to grant to CLIENT and CLIENT agrees to accept a non - transferable and non - exclusive perpetual use license of the Software provided under this Agreement. During the term of the agreement, the CLIENT shall have access to the Software, which will be installed on servers at the CLIENT hosting facility and subject to Service Level Agreement as defined herein. CLIENT expressly acknowledges that all copies of the Software and/or Licensed Information in any form provided by IMAGETREND to CLIENT hereunder are the sole property of IMAGETREND and/or its suppliers, and that CLIENT shall not have any right, title, or interest to any such Software and/or Licensed Information or copies thereof except as provided in this AGREEMENT. CLIENT agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or Licensed Information, and to reproduce and include the same on each authorized copy of the Software and Licensed Information. CLIENT shall not copy or duplicate the Software or any part thereof except for the purposes of system backup, testing, maintenance, internal training or recovery. IMAGETREND reserves all rights which are not expressly granted to CLIENT in this AGREEMENT. CLIENT shall not modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof, and shall not use the software or portion thereof for purposes other than as intended and provided for in this Agreement. Data Ownership All customer data collected with ImageTrend applications remains at all times the property of the Customer. Upon request, or at the termination of any agreement, the customer will receive an encrypted database file including all customer data. The encryption key will be mailed under separate cover. The customer is responsible for providing the proper contact for receiving this information. If the customer requires regular database copies, ImageTrend can provide quarterly encrypted database files for an additional fee. Data Protection ImageTrend addresses customer privacy issues very seriously. ImageTrend therefore guarantees not to use or make available any personally identifiable information other than administering the client's account and collecting usage statistics in order to improve our products and services specifications. During the term of this Agreement and after termination or expiration of this Agreement, ImageTrend will not in any way transfer to any third party or use in direct or indirect competition with the other party any information or data posted by client's and others on ImageTrend's website and acknowledges that all such information is confidential ( "Confidential Page' 2 -3, 2,h12 Information "). Confidential Information includes, but is not limited to, the terms and conditions of this Agreement, technical information, price lists, data and business plans. Confidential Information is the exclusive property of the disclosing party and may be used by the receiving party solely in the performance of its obligations under this Agreement. ImageTrend acknowledges that its handling of information on behalf of client is or may be subject to federal, state or local laws, rules, regulation and restrictions regarding the privacy of consumer information. ImageTrend agrees to comply with all of such laws, rules, regulations and restrictions at its sole cost and expense. This Confidential Information section and all obligations contained therein will survive any termination or expiration of this Agreement. 2. Term Unless otherwise defined, this agreement is in effect for one year from date of signature of proposal and /or contract, and is automatically renewable unless termination is received in writing with 60 days advance notice. 3. Price and Payment Terms All prices and fees associated with this agreement are as stated in proposal and /or contract and will be invoiced as mutually agreed, with payment terms of Net 30 days. 4. Hosting at the Irna+geTrend's Datacenter ImageTrend's hosting environment provides 99,9 %o availability and is comprised of state -of- the -art Blade Servers and SAN storage that are configured with the no single point of failure through software and infrastructure virtualization, blade enclosure redundancies and backup storage policies. Our Compellent SAN has a fiber channel backend, currently hosts 8TB of storage, has dual storage controllers with redundant power supplies and redundant paths to disk, and hot swappable drives. We do offsite replication to disk on a second SAN. Scheduled maintenance and upgrades do not apply to the system availability calculation and all CLIENTS are properly notified of such scheduled occurrences to minimize accessibility interruptions. Hardware ImageTrend server hardware is configured to prevent data loss due to hardware failure and utilize the following to ensure a quick recovery from any hardware related problems. • Independent Application and Database Servers o Microsoft SQL Server 2008 o Microsoft Windows Server 2008 • Redundant Power Supplies • Off -Site Idle Emergency Backup Servers (optional) • Sonicwall VPN Firewall • Redundant Disk configuration • Disk Space allocation and Bandwidth as contracted Physical Facility The ImageTrend hosting facility is located in downtown Minneapolis with every industry standard requirement for hosting not only being met, but exceeded. Requirements such as power supply and power conditioning, normal and peak bandwidth capacity, security and fail over locations are all part of an overall strategy to provide the most reliable hosting facility possible. • Redundant, high -speed Internet connections over fiber optics. • Power protection via an in -line 80kVa UPS with a 150 KW backup diesel generator • Temperature controlled • Waterless Fire Protection and Clean agent fire suppression • Secured site access • Steel Vault Doors • 21" concrete walls and ceiling Data Integrity ImageTrend applications are backed up daily allowing for complete recovery of data to the most recent backup: • Daily Scheduled Database and Application Backups. • Daily Scheduled backup Success /Failure notification via cell- phone and email ImageTrend Hosting Diagram A .• 6. lPlPor# whiYriistm «M=54L f 55P15 .} ,'- �,•� 5[V17PfSr ;- °5 &98 °t w" '"•"f'o"A r' Public Network Private Network Secure Network €upt�c9Y aaans�lc i d�P�a:S r.:= : =wYaa !'se,+sr:. �e-. %amirr. Mrd�malCtm:a:mg 5pr�++. ri walu4iet prra;unYuma lit ,t >raAFd Ehvsa3A rAx F AETn = �Yt1 -� lr��.,v�: F R.r6n ]iEitit 1?Si:i1 i:Mbi!l��Ii}c? =P EviYE'"J'A�i`v E1Uro ilu'sk,t EIC'Waea{ ttzrav~'. aak 'w— tlft'A _ii+ W'6w =:r'.p r�, uKm +9.raory n+.v;n ^Inp.'> aef.txs.at.�eusw n�t.�'.x�m xrn..r: 5. Application and Hosting Support ImageTrend provides ongoing support as contracted for their applications and hosting services, including infrastructure. This includes continued attention to product performance and general maintenance needed to ensure application availability. Support includes technical diagnosis and fixes of technology issues involving ImageTrend software. ImageTrend has a broad range of technical support services available in the areas of: • Web Application Hosting and Support • Subject Matter Expert Application Usage Support • Web Application Development/Enhancement • Database Administration /Support Project Management P+J'_J:'. 3 1P 'P , d €it'TE�EE;,E °f.9 t ,C C3tX e ai 23, 2W2 • Systems Engineer! nglArch itecture ImageTrend offers multi -level technical support, based on level -two user support by accommodating both the general inquiries of the administrators and those of the system users. We will give the administrators the ability to field support for the system as the first level of contact while providing them the option to refer inquiries directly to ImageTrend. ImageTrend's Support Team is available Monday through Friday from 8:30 am to 3:00 pm CST at: Toll Free: 1- 888 - 469 -7789 Phone: 952 -469 -1589 Support Desk: www.imagetrend.comisupport Online Support Desk ImageTrend offers an online support system, Support Desk, which incorporates around- the -clock incident reporting of all submitted tickets to ImageTrend's support desk specialists. Once a client submits a support ticket, he or she can easily track its process with a secure login, promoting a support log for the client and ImageTrend's support team. The system promotes speedy resolution by offering keyword -based self -help services and articles in the knowledgebase, should clients wish to bypass traditional support services. Ticket tracking further enhances the efforts of Support Desk personnel by allowing them to identify patterns which can then be utilized for improvements in production, documentation, education and frequently asked questions to populate the knowledgebase. The support ticket tracking system ensures efficient workflow for the support desk specialists while keeping users informed of their incident's status. Support patterns can be referenced to populate additional knowledgebase articles. X— Team Support In addition to our standard services, ImageTrend's X -Team is available for after - hour's emergency support. Our X -Team will receive notifications of issues submitted to our Online Support Desk. If an issue is deemed non - critical by the X -team they may elect to respond during normal business hours or charge for after hour's resolution. Incident Reporting Malfunctions ImageTrend takes all efforts to correct malfunctions that are documented and reported by the Client. ImageTrend acknowledges receipt of a malfunction report from a Client and acknowledges the disposition and possible resolution thereof according to the chart below. ?'taus ,.i g trer�cl.rraitr i , 23, 2 2 Service Requests (enhancements) Any service requests that are deemed to be product enhancements are detailed and presented to the development staff, where the assessment is made as to whether these should be added to the future product releases and with a priority rating. If an enhancement request is specific to one client and deemed to be outside of the original scope of the product, then a change order is written and presented to the Client. These requests are subject to our standard rates and mutual agreement. Clients review and approve the scope, specification and cost before work is started to ensure goals are properly communicated. Product release management is handled by ImageTrend using standard development tools and methodologies. Work items including, tasks, issues, and scenarios are all captured within the system. Releases are based on one or more iterations during a schedule development phase. This includes by not limited to: development, architecture, testing, documentation, builds, test and uses cases. Submissions of issues or requests are documented within our Product Management system and from there workflow is created to track the path from initial request to resolution. Out of Scope Client may contract with ImageTrend for Out of Scope services. This will require a separate Statement of Work and will be billed at ImageTrend's standard hourly rate. Maintenance and Upgrades System /product maintenance and upgrades, if applicable, are included in the ongoing support and warranty as contracted. These ensure continued attention to product performance and general maintenance. Scheduled product upgrades include enhancements and minor and major product changes. Customers are notified in advance of scheduled maintenance. It is the Client's responsibility to accept all offered updates and upgrades to the system. If the Client does not accept these, Client should be advised that ImageTrend, at its discretion, may offer limited support for previous versions. All code releases also maintain the integrity of any client specific configurations (i.e. templates, addresses, staff information, active protocols, etc.) that have been implemented either by ImageTrend's implementation staff or the client's administrative staff. Escalation Our support staff is committed to resolving your issues as fast as possible. If they cannot resolve your issue immediately, they will identify the course of action that they will be taking and indicate when an answer will be available. They in turn will seek assistance from the designated developer. The next level of escalation goes to the Project Manager, who also addresses all operational issues on an ongoing basis and reviews the issue log regularly to assess product performance and service levels. Senior Management will handle issues requiring further discussion and resolution. Any issues to be determined to be of a critical nature are immediately brought to the attention of both the X -Team and Senior Management. 1= 3Cjv: F §tYuk f,i}11i et €n 1' t 13 r wq 23, 2012 limited basis — usually can be delegated to local client contact as a first level or response for resolution — usually user error i.e. training) or forgotten passwords Severity 3 — - System operational with minor issues; Same day cr next business Next Release Non- essential suggested enhancements as mutually day of initial notification agreed upon — typically covered in next version release as mutually agreed upon. Service Requests (enhancements) Any service requests that are deemed to be product enhancements are detailed and presented to the development staff, where the assessment is made as to whether these should be added to the future product releases and with a priority rating. If an enhancement request is specific to one client and deemed to be outside of the original scope of the product, then a change order is written and presented to the Client. These requests are subject to our standard rates and mutual agreement. Clients review and approve the scope, specification and cost before work is started to ensure goals are properly communicated. Product release management is handled by ImageTrend using standard development tools and methodologies. Work items including, tasks, issues, and scenarios are all captured within the system. Releases are based on one or more iterations during a schedule development phase. This includes by not limited to: development, architecture, testing, documentation, builds, test and uses cases. Submissions of issues or requests are documented within our Product Management system and from there workflow is created to track the path from initial request to resolution. Out of Scope Client may contract with ImageTrend for Out of Scope services. This will require a separate Statement of Work and will be billed at ImageTrend's standard hourly rate. Maintenance and Upgrades System /product maintenance and upgrades, if applicable, are included in the ongoing support and warranty as contracted. These ensure continued attention to product performance and general maintenance. Scheduled product upgrades include enhancements and minor and major product changes. Customers are notified in advance of scheduled maintenance. It is the Client's responsibility to accept all offered updates and upgrades to the system. If the Client does not accept these, Client should be advised that ImageTrend, at its discretion, may offer limited support for previous versions. All code releases also maintain the integrity of any client specific configurations (i.e. templates, addresses, staff information, active protocols, etc.) that have been implemented either by ImageTrend's implementation staff or the client's administrative staff. Escalation Our support staff is committed to resolving your issues as fast as possible. If they cannot resolve your issue immediately, they will identify the course of action that they will be taking and indicate when an answer will be available. They in turn will seek assistance from the designated developer. The next level of escalation goes to the Project Manager, who also addresses all operational issues on an ongoing basis and reviews the issue log regularly to assess product performance and service levels. Senior Management will handle issues requiring further discussion and resolution. Any issues to be determined to be of a critical nature are immediately brought to the attention of both the X -Team and Senior Management. 1= 3Cjv: F §tYuk f,i}11i et €n 1' t 13 r wq 23, 2012 S. Insurance ImageTrend has sufficient professional liability insurance against errors and omissions, covering costs or expenses in the event of data loss due to transmission failures or diversion by any party either accidentally or intentionally. Insurance certificate available upon request. 7. Termination cancellation Each of our customers reserves the right to cancel and terminate its subscription with ImageTrend at any time and for any reason with 30 days written notification. ImageTrend reserves the right to suspend and limit network resources to customers failing to pay the annual support fees at its own discretion. In the event of service suspension, full service delivery will be restored within 48 hours from the date and time of the payment made to us. 8. Limited Liability ImageTrend's liability for damages to Client shall be limited to the lesser of: (1) Client's actual and direct damages as a result of ImageTrend's failure to provide the hosting and services set forth herein; or (2) the amount of the monthly applicable recurring fees (hosting and/or support) for the month in which ImageTrend fails to provide services as set forth in this Agreement. Client must submit a claim to ImageTrend in writing for the damages noted above within forty five (45) days from the incident. In no event shall ImageTrend's liability for damages to Client exceed the monthly applicable recurring fees (hosting and /or support) for the month in which ImageTrend fails to provide the services requested in this proposal or contract. ImageTrend does not guarantee or otherwise take any responsibility for Client's business practices. ImageTrend shall not be responsible for any of Client's loss of business, lost profits, consequential damages, punitive damages, special damages or any other sums except as express set forth in this paragraph. ImageTrend shall not be responsible for any damages related to any interruption of business, loss of data, costs of recreating data, losses caused by delay or losses from interruption, termination or failed performance of telecommunication or information services. Client acknowledges and agrees that Client's sole and exclusive remedies in the event of a breach by ImageTrend shall be to terminate this Agreement and seek recovery damages as limited by this paragraph. In the event that this paragraph conflicts with any other terms of any agreement or proposal between Client and ImageTrend, this paragraph shall control. 9. Miscellaneous No provision of this Agreement shall be construed to confer any rights or benefits on any third party not a party to this Agreement. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota and the applicable laws of the United States of America. Ship To: Dennis Linaburg Frederick County Fire & Rescue Departme 1080 Coverstone Drive Winchester, VA 22602 540- 665 -5618 dlinabur @co.frederick.va.us IMAGETREND,l Satespersaln Proposal Number Date Eric Ka hin st EK -739 B June 4, 2013 'Description Qty Unit Price Total Software _ Rescue Bridge License (Fire & EMS) 1 $22,500.00 $22,500.00] Inclusive of Frederick County Agencies 4 Rescue Bridge Complete Annual Support 1 $4,500.00 $4,500.00 Installation on Gient Servers via VPN 1 $2,500.00 $2,500.00 EMS Modules Included: Certification Dashboard Run History Documents Staff QA/Q1 Training Report Writer 2.0 (Transactional) Fire Modules Included: NFIRS 5.0 Report »g Inspections Activities Inventory Checklist Locations Fire Shifts Occupants Hydrants Mobile Fire Inspections Client Site Licens 1 $7,500.00 $7,500.00 Mobile Fire Inspections Client Site License AnnualSupport 1 $1,500.00 $1,500.00 Field Bridge Site License 1 Provided by VA OEMS *Requires Hardware with Tablet PC Operating System if fa Field Use Field Bridge Site License Annual Support 1 Proviced by VA OEMS Other Modules and Integrations CAD Integration to OSSI (inclusive of firstagency) 1 $8,000.00 $8,000.00 Additional Frederick County Agencies 1 $5,500.00 $5,500.00: CAD Annual Support 1 $2,160.00 $2,160.00; Training Training Sessions - Onsite (Full Day M -F) 2 $1,000.00 $2,000.00 Travel per Trainer for Onsite Training 1 $1,500.00 $1,500.00 Optional Items Client may elect to purchase any of the following items by checktg the associated box. These items will be added to your total cost.) C] MARS Setup Fee 1 $2,500.00 1 MARS Annual Transactional Fee 1 $2,000.00 j []Auto- Postfrom Rescue Midge to State Bridge 1 $3,000.00 inclusive of Frederick Cbunty Agencies, regularly $500 per agercy Auto -Post from Rescue Brdge to State Bridge Annual Support 1 $480.00 I TOTAL Year 11 $57,660.00 Annual Fees after Year 1 $90,650.00; Terms of Agreement -The above mentioned items will be invoiced independently upon completion with payment tems of net 30 days. , The recurring annual fees will be billed annually in advance. Project completion occurs upon receipt of the product. .ImageTrend's license, annual support and hosting are basedon 10,000 annual incidents as provided by Client. ImageTrend, Inc. Tel: 952 -469 -1589 20855 Kensington Blvd Fax: 952 -985 -5671 Lakeville, MN 55044 Page 1 of 2 www.imagetrend.corn ImageTrend reserves the right to audit the annual incident volumeand the option to increase future support and hosting costs, with advanced notification to the Client, if the number of annual incidents increases substantially andhas a resulting effect of increased support calls and hosting requirements to ImageTrend. 'All hosting fees are based upon anticipated usage and include an average of 3 Mb Bandwidth and 30 GB of Storage. These fees are subject to annual usage audits, which may affect future fees at an increaseof $15IMb /month for Bandwidth and $15110GB /month for Storage. •ImageTrend reserves the right to reevaluate on an annual basis andpotentially increase the ongoing amual fee rates for the subsequent years. The increase shall not, however, exceed inflation. This proposal is valid for 90 days. Note: If Client world like to schedule ©nsite Trainirg on the weekend, additional fees may a Dly. Note: ImageTrend is not responsible for any CAD Vendor requrements and any associated fees. Note: Client wll install the software on their sewers following ImageTrend's current recommendations and installation pocedures. Approved As: ImageTrend, Inc. Frederick County Fire &Rescue Department Signature Dated Purchase Order # (if appicable) If you have any questions rggarding this proposal, contact: Eric Kaphingst at 952 -469 -6228 or ekaphingst @imagetrend.com Julie Kaufman -Boom at 952 - 469 -6163 orjkaufman- bcom@imagetrend.com Thank you for your business! ImageTrend, Inc. Tel: 952 -469 -1589 20855 Kensington Blvd Fax: 952 -985 -5671 Lakeville, MN 55044 Page 2 of 2 www.imagetrend.com PERPETUAL USE LICENSE, CLIENT HOSTED SOLUTION AVERSION 2.0 This agreement exists for the purpose of creating an understanding between ImageTrend and CLIENT who elect to host the application on their own servers. It is pant of our guarantee for exceptional service levels for as long as the system annual support fee is contracted. This Service Level Agreement (SLA) applies to any site or application hosted on the CLIENT's network as contracted. 'I. Grant of License In accordance with the terms and conditions hereof, IMAGETREND agrees to grant to CLIENT and CLIENT agrees to accept a non - transferable and non - exclusive perpetual use license of the Software provided under this Agreement. During the term of the agreement, the CLIENT shall have access to the Software, which will be installed on servers at the CLIENT hosting facility and subject to Service Level Agreement as defined herein. CLIENT expressly acknowledges that all copies of the Software and/or Licensed Information in any form provided by IMAGETREND to CLIENT hereunder are the sole property of IMAGETREND and /or its suppliers, and that CLIENT shall not have any right, title, or interest to any such Software and/or Licensed Information or copies thereof except as provided in this AGREEMENT. CLIENT agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or Licensed Information, and to reproduce and include the some on each authorized copy of the Software and Licensed information. CLIENT shall not copy or duplicate the Software or any part thereof except for the purposes of system backup, testing, maintenance, internal training or recovery. IMAGETREND reserves all rights which are not expressly granted to CLIENT in this AGREEMENT. CLIENT shall not modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof, and shall not use the software or portion thereof for purposes other than as intended and provided for in this Agreement. Data Ownership All customer data collected with ImageTrend applications remains at all times the property of the Customer. Data Protection ImageTrend addresses customer privacy issues very seriously. ImageTrend therefore guarantees not to use or make available any personally identifiable information other than administering the client's account and collecting usage statistics in order to improve our products and services specifications. During the term of this Agreement and after termination or expiration of this Agreement, ImageTrend will not in any way transfer to any third party or use in direct or indirect competition with the other party any information or data posted by client's and others on ImageTrend's website and acknowledges that all such information is confidential ( "Confidential Information'). Confidential Information includes, but is not limited to, the terms and conditions of this Agreement, technical information, price lists, data and business plans. Confidential Information is the exclusive property of the disclosing party and may be used by the receiving party solely in the performance of its obligations under this Agreement. ImageTrend acknowledges that its handling of information on behalf of client is or may be subject to federal, state or local laws, rules, regulation and restrictions regarding the privacy of consumer information. ImageTrend agrees to comply with all of such laws, rules, regulations and restrictions at its sole cost and expense. This Confidential Information section and all obligations contained therein will survive any termination or expiration of this Agreement. 2. Term Unless otherwise defined, this agreement is in effect for one year from date of signature of proposal and/or contract, and is automatically renewable unless termination is received in writing with 60 days advance notice. 3. Price and Payment Terms All prices and fees associated with this agreement are as stated in proposal and/or contract and will be invoiced as mutually agreed, with payment terms of Net 30 days. 4. Hosting at the Client's Datacenter Client has elected to host the software application on their servers which includes Client installation and support services along with infrastructure availability to acceptable levels established by ImageTrend. The Client agrees to maintain at least the minimum then current system requirements for application usage, as detailed in the recommended System Specifications by ImageTrend VPN Access ImageTrend requires unlimited VPN Access for all client- hosted solutions. Hosting Support (Optional) Client can contract with ImageTrend for Hosting Support services at the then applicable standard rates. These services would include Software Upgrade Installation and Trouble- shooting. Server Monitoring (Optional) Client can contract with ImageTrend for additional fees for Server Monitoring on the Client's servers. These services would include monitoring of production servers occurs 2417 for system health and service availability and includes server logs. Status information includes: • Current users accessing the system • Disk use • Memory use • CPU use • Notification of hardware failures • Application availability • Application response time • Failure status codes 5. Application Usage Support ImageTrend provides ongoing support as contracted for their applications. This includes continued attention to product performance and general application maintenance. Support includes technical diagnosis and fixes of technology issues involving ImageTrend software. ImageTrend has a broad range of technical support services available in the areas of: • Web Application Support * Subject Matter Expert Application Usage Support • Web Application Development/En hancement • Database Administration /Support • Project Management • Systems Engineering /Architecture ImageTrend offers multi -level technical support, based on level -two user support by accommodating both the general inquiries of the administrators and those of the system users. We will give the administrators the ability to field support for the system as the first level of contact while providing them the option to refer inquiries directly to ImageTrend, ImageTrend's Support Team is available Monday through Friday from 8:30 am to 5:00 pm CST at: Toll Free: 1 -888- 469 -7789 Phone: 952 -469 -1589 Support Desk: www.imagetrend.com /support Online Support Desk ImageTrend offers an online support system, Support Desk, which incorporates around- the -clock incident reporting of all submitted tickets to ImageTrend's support desk specialists. Once a client submits a support ticket, he or she can easily track its process with a secure login, promoting a support log for the client and ImageTrend's support team. The system promotes speedy resolution by offering keyword -based self -help services and articles in the knowledgebase, should clients wish to bypass traditional support services. Ticket tracking further enhances the efforts of Support Desk personnel by allowing them to identify patterns which can then be utilized for improvements In production, documentation, education and frequently asked questions to populate the knowledgebase. The support ticket tracking system ensures efficient workflow for the support desk specialists while keeping users informed of their incident's status. Support patterns can be referenced to populate additional knowledgebase articles. X— Team Support In addition to our standard services, ImageTrend's X -Team is available for after - hour's emergency support. Our X -Team will receive notifications of issues submitted to our Online Support Desk, if an issue is deemed non - critical by the X -team they may elect to respond during normal business hours or charge for after hour's resolution. Incident Reporting Malfunctions ImageTrend takes all efforts to correct malfunctions that are documented and reported by the Client. ImageTrend acknowledges receipt of a malfunction report from a Client and acknowledges the disposition and possible resolution thereof according to the chart below. pa�w vvww imagelrEmd.00rn A'i r °i 2," Non - Critical -Data entry or access impaired on a of initial notification limited basis — usually can be delegated to local client contact as a first level or response for resolution — usually user error (i.e. training) or forgotten passwords Severity 3 — - System operational with minor Same day or next Next Release Non - essential issues; suggested enhancements as business day of initial mutually agreed upon — typically notification covered in next version release as mutually agreed upon. Service Requests (enhancements) Any service requests that are deemed to be product enhancements are detailed and presented to the development staff, where the assessment is made as to whether these should be added to the future product releases and with a priority rating. If an enhancement request is specific to one client and deemed to be outside of the original scope of the product, then a change order is written and presented to the Client. These requests are subject to our standard rates and mutual agreement. Clients review and approve the scope, specification and cost before work is started to ensure goals are properly communicated. Product release management is handled by ImageTrend using standard development tools and methodologies. Work items including, tasks, issues, and scenarios are all captured within the system_ Releases are based on one or more iterations during a schedule development phase. This includes by not limited to: development, architecture, testing, documentation, builds, test and uses cases. Submissions of issues or requests are documented within our Product Management system and from there workflow is created to track the path from initial request to resolution. out of scope Client may contract with ImageTrend for Out of Scope services. This will require a separate Statement of Work and will be billed at ImageTrend's standard hourly rate, Maintenance and Upgrades System /product maintenance and upgrades, if applicable, are included in the ongoing support and warranty as contracted. These ensure continued attention to product performance and general maintenance. Scheduled product upgrades include enhancements and minor and major product changes. Customers are notified in advance of scheduled maintenance. It is the Client's responsibility to accept all offered updates and upgrades to the system. if the Client does not accept these, Client should be advised that ImageTrend, at its discretion, may offer limited support for previous versions. All code releases also maintain the integrity of any client specific configurations (i.e. templates, addresses, staff information, active protocols, etc.) that have been implemented either by ImageTrend's implementation staff or the client's administrative staff. Escalation Our support staff is committed to resolving your issues as fast as possible. If they cannot resolve your issue immediately, they will identify the course of action that they will be taking and indicate when an answer will be available. They in turn will seek assistance from the designated developer. The next level of escalation goes to the Project Manager, who also addresses all operational issues on an ongoing basis and reviews the issue log regularly to assess product performance and service levels. Senior Management will handle issues requiring further discussion and resolution. Any issues to be determined to be of a critical nature are immediately brought to the attention of both the X -Team and Senior Management. pcx£`e{ k 0 6. Insurance ImageTrend has sufficient professional liability insurance against errors and omissions, covering costs or expenses in the event of data loss due to transmission failures or diversion by any party either accidentally or intentionally. Insurance certificate available upon request. 7. Termination cancellation Each of our customers reserves the right to cancel and terminate its subscription with ImageTrend at any time and for any reason with 30 days written notification. ImageTrend reserves the right to suspend and limit network resources to customers failing to pay the annual support fees at its own discretion. In the event of service suspension, full service delivery will be restored within 48 hours from the date and time of the payment made to us. 8. Limited Liability Except as specified in this warranty, all express or implied conditions, representations and warranties, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, noninfringement or arising from a course of dealing, usage or trade practice, are hereby excluded to the extent allowed by applicable law. In no event shall lmageTrend's liability for damages to Client exceed the monthly hosting fee for the month in which ImageTrend fails to provide the services requested in this proposal. ImageTrend does not guarantee or otherwise take any responsibility for Client's business practices. ImageTrend shall not be responsible for any of Client's loss of business, lost profits, consequential damages, punitive damages, special damages or any other sums except as express set forth in this paragraph. ImageTrend shall not be responsible for any damages related to any interruption of business, loss of data, costs of recreating data, losses caused by delay or losses from interruption, termination or failed performance of telecommunication or information services. Client acknowledges and agrees that Client's sole and exclusive remedies in the event of a breach by ImageTrend shall be to terminate this Agreement. In the event that this paragraph conflicts with any other terms of any agreement or proposal between Client and ImageTrend, this paragraph shall control. 9. Miscellaneous No provision of this Agreement shall be construed to confer any rights or benefits on any third party not a party to this Agreement. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota and the applicable laws of the United States of America. 1i ] INc System Requirements EMS Service Bridge Requirements The following is not required if hosted by lmageTrend: Web /Application Server Required: Dual Quad Core Processors 8 -16 GB RAM 100 GB Available Hard Disk Space RAID 5 SCSI Hard Drives with QS and Data Partitions Recommended. Dual Quad Core Processors 32 GB RAM SAN Data Storage Blade Servers with Microsoft Hyper -V Operating Systems Supported Microsoft Windows 2008 R2 Server (recommended) Web Server Software Microsoft [IS version 7.0 or later Additional Service Software Microsoft .NET Framework 4.0 Microsoft Tablet PC SDK Additional Application Software Adobe ColdFusion 9 Enterprise Database Server (Separate database servers) Hardware Required: 2 GHz Processor 16 GB RAM 100 GS Available Hard Disk Space Recommended: Dual Quad Core Processors 1632 GB RAM 200 GB Available Hard Disk Space RAID 5 SCSI Hard Drives Software (64 -bit recommended) Microsoft SQL Server 2012 Internet Browser Requirements for End Users Microsoft Internet Explorer 8.0 and above Other browsers that support Mozilla 4.0 and above 2/01/2013 www.imagetrend.com Pagel � IM Adobe Flash 8 or higher (recommended) Adobe Reader 8 or higher (recommended) Silverlight 4 EMS f=ield Bridge Requirements Hardware: Desktop, Laptop or Tablet PCs with: Required: 1 GHz Processor 2 GB RAM 840 MB Available Hard Disk Space 802.11 wireless Recommended: 1.5 GHz Processor 4 GB RAM 1 GB Available Hard Disk Space 802.11 wireless Bluetooth Aircard /3G or higher Operating Systems Supported Microsoft Windows 7, Vista Screen Resolution Supported 1024 x 768 or greater Additional Software Microsoft .NET Framework 3.5 SP1 or 4 (if you are using Windows XP and Vista) Adobe Flash 8 or higher Adobe Reader 8 or higher Field Bridge Xpress Requirements Field Bridge XpressM is the multi - platform version of EMS Field Bridge and was designed to work in a variety of environments. Field Bridge Xpress has been tested on the following devices: Google Android v4 (ICS) and newer' Apple !Pad and iPad Mini (4th Gen) New Apple iPad (3rd Gen) Apple iPad 2 ' Tablet devices with 7 -inch or larger screens recommended. FireFox and Chrome browsers supported only. 2 Safari and Chrome browsers supported only, 2101/2013 www.imagetrend.com Paget 2W. W111=4 *01-112114WAdI51#02'' - ' NO FIRE AND RESCUE DEPARTIMENT 1080 Coverstone Drivy Winchester, VA 22602 Dennis D- Linaburg Fire, Chief TO: Public Safety Committee FROM: Dennis D. Linaborg, Chief Fire.& Rescue SUBJECT: Image Trend DATE: August 1:3, 2013 With changes to the State requirements for EMS reporting, we have encountered numerous issues with our current system, Firehouse. The State currently contracts with Image Trend for EMS reporting services, and as this system is already compliant with both State and National reporting requirements, we are looking to change to Image Trend as well. Image Trend is user friendly, whereas Firehouse changes have made it difficult to maintain in the field. This program will allow for less reporting errors as it is already formatted for use in Virginia. In addition to these advantages, with the EMS Expense Recovery Program moving quickly along, this program will allow for better report tracking and data entry for billing and expense recovery. Office (540) 665-5618 a d1inabur@co.fredefi k.va.us Fax (540) 678-4739 e ft E ll m �Ea ° i �o ° Si3c�a� r L 0 c e r k� 'G U .0 p � � c, �� C m a � o •C F rr R ° F 3 i D Em ^'r b - a W C oa�T F w E °ro`-' h r ° ssE m v_ X 0 2 °c p_ ^.�'fi Oro � � c v v e C � .� � " E. eGi v o b '� t ' ? � � u � •_ ^ 3 � - = E � v °^ � � ° ,. ° o a � " Z �y�� c a P D . �� c%m a�m H�°?�E CV °3 Gi C�c Li A F. ' ew y m O S9 C Z Q h F c �ro P L g o C a o 0 , �. �� °E o E o c c a C F v 4 P C. ,r3 a, �" b Ci m w 5 c, P O D a y !. '•� i ��' a is = E a c J� F C e a +6O SO. a a 0 eu c o c a ° eK ! 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NOTE. if the patient is a minor, the parent or legal guardian should sign in this section; I authorize the submission of a claim to Medicare, Medicaid, or any other payer for any services provided to me by Frederick County Fire and Rescue Department (FCFRD) now, in the past, or in the future, until such time as I revoke this authorization in writing. I understand that I am financially responsible for the services and supplies provided to me by rcMD, regardless of my insurance coverage, and in some cases, may be responsible for an amount in addition to that which was paid by my insurance. I agree to immediately remit to FCFRD any payments that I receive directly from insurance or any source whatsoever for the services provided to me and I assign all rights to such payments to FcrRD. I authorize FCFRD to appeal payment denials or other adverse decisions on my behalf without further authorization. I authorize and direct any holder of medical, insurance, billing, or other relevant information about me to release such information to FCFRD and its billing agents, the Centers for Medicare and Medicaid Services, and /or any other payers or insurers, and their respective agents or contractors, as may be necessary to determine these or other benefits payable for any services provided to me by FCFRD, nowt, in the past, or in the future. I also authorize FCFRD to obtain medical, insurance, billing and other relevant information about me from any party, database or other source that maintains such information. I #the patient signs with an "X" or othermark, a witness should sign below. X X Patient Signature or Mark bate Witness Signature Date SECTION II - AUTHORIZED REPRESENTATIVE SIGNATURE Complete this section AIy if the patient is physically or mentally incapable of signing- On the line below, explain the circumstances that make it impractical for the patient to sign: I am signing on behalf of the patient to authorize the submission of a claim to Medicare, Medicaid, or any other payer for any services provided to the patient by FCFRD now or in the past, (or in the future, where permitted). By signing below, I acknowledge that I am one of the authorized signers listed below. My signature is not an acceptance of financial responsibility for the services rendered. Authorized representatives include ogly the following individuals: * Patient's legal guardian * Relative or other person who receives social security or other governmental benefits on behalf of the patient * Relative or other person who arranges for the patient's treatment or exercises other responsibility for the patient's affairs Cl Representative of an agency or institution that did not furnish the services for which payment is claimed (i.e., ambulance services) but furnished other care, services, or assistance to the patient X Representative Signature Date Printed Name and Address of Representative SECTION III - AMBULANCE CREW AND RECEIVING rACILITY SIGNATURES Complete this section Drily if: (1) the patient was physically or mentally incapable of signing, gLnd (2) no authorized representative (Section II) was avalable or willing to sign on behalf of the patient at the time of sernce. A. Ambulance Crew Member Statement ( be completed by crew member at time of transport} My signature below indicates that, at the time of service, the patient was physically or mentally incapable of signing, and that none of the authorized representatives listed in Section Il of this farm were available or willing to sign on the patient's behalf. I am signing on behalf of the patient to authorize the submission of a claim to Medicare, Medicaid, or any other payer for any services provided to the patient by FCFRD. My signature is not an acceptance of financial responsibility for the services rendered. On the lint: below, explain the circumstances that make it impractical for the patient to sign: Name and Location of Receiving Facility: - -- Time at Receiving Facility, Signature of Cgewmember Date printed Name and Title of Crewmember B. Receiving Facility Representative Signature The patient named on this form was received by this facility on the date and at the time indicated above. I am signing on behalf of the patient to authorize the submission of a claim to Medicare, Medicaid, or any other payer for any services provided to the patient by FCFRD. My signature is not an acceptance of financial responsibility for the services rendered. Signature of Receiving Facility Representative bate Printed Name and Title of Receiving Facility Representative Frederick County Fire and Rescue Department �� � � Pa ii n m e: Run Number: 1z -18836 IRG iIA MICKEY MO USE Date of Service: 08/0712012 432 HOLLINGSWORTH RD WOODSTOCK, vft, 22664 Please understand that we cannot Bill your insurance claims widiout this form being signed and returned to our of Our records indicate you were unable to sign this form at the thue of your tratissport, plea.ve sign: in the areas tnarked with an "X" and return to us in the postage {paid envelt)pe ►pe hat tAi)rovided for your etritveniert.ce. I request that payment of authorized Medicare, Medicaid, or any other insurance benefits be made on my behalf to Frederick County Fire and Rescue Department for any sen ices provided to me by Frederick County Fire and Rescue Department. 1 agree to immediately remit to Frederick County Fire and Rescue Department any payments that I receive directly from insurance or any source what so ever for the services provided to Ise and I assign all rights to such payments to Frederick Count., Fire and Rescue Department. I authorize Frederick County Fire and Rescue Department to appeal payment denials or other adverse decisions on my behalf without further authorization. I understand that I witl not be held responsible for any co- insurance, deductible, or denied amounts. I authorize and direct any holder of medical information or documentation about services and its carriers and agents, and/or any ether payers or insurers as may be necessary to determine these or other benefits payable for any service provided to me by Frederick. County Fire and Rescue Department. A copy of this form is as valid as an original. I, or nay representative, have been given a copy or notice of p4vacy practices, version effective February 17, 2016. X Patient i Authorized Representative Signature Representative: Representative's Address: Please explain why the patient cannot sign: Date Relationship: Printed on 5f1312013 C � .' C, FREDERICK COUNTY FIRE AND RESCUE DEPARTMENT w THIS IS NOT A BILL vxi oz�>i�' REQUEST FOR INSURANCE INFORMATION Patient natne. MOUSE, MICKEY Date ttf Ser4ice: 9/7 RILLT0. MOUSE, MICKEY 432 HOLLINGSWORTH RC WOODSTOCK, VA 22664 Frederick County Fire and Rescue Department is pleased we were able to assist you in your time of need. At the time of your transport we were unable to collect your insurance information (medical, auto, or liability), if you have insurance could you please remit this information to us using the enclosed pre -paid envelope. Thank you! Medicaid Number: Insurance Company Name: Policy Number: ❑ Virginia Q West Virginia INSURANCE COVERAGE Group Number: Policy Holders' Name (if different from patient's name): Policy Holders' Cate of Birth: ❑ Primary ❑ Secondary Insurance Company mailing Address: Insurance Company Rhone Number (If available): Insurance Company Nance: ❑ Primary ❑ Secondary Policy Number: Group Number: Policy Holders' Name (If different from patient's name): Policy Holders' Hate of Birth: Insurance Company Mailing Address: Insurance Company Phone Number (If Available): Please use the included pre -paid envelope or return to: Premier Accounts Receivable Management R. Q. Box 1910 Winchester, VA 22604 -8060 Please contact us at 540- 536 -3390 with any questions COUNTY OF FREDERICK Information Technologies (540) 665 -5614 MEMORANDUM To: Board of Supervisors From: Walter Banks, IT Director Date: September 4 2013 Subject: Board of Supervisors Information Technology Committee Report The Board of Supervisors Information Technology Committee met on Wednesday, September 4, 2013 at 8:15 am, in the 1 "Floor Conference Room, County Administration Building 107 N. Kent St., Winchester, Virginia. Committee members present: Gary Lofton, Chairman, Chuck Dehaven, Bob Wells, Quaiser Absar, and Todd Robertson. Committee members absent: Brian Madagan. Others present were Walter Banks, IT Director, Patrick Fly, GIS Manager, Alisa Scott, Administrative Assistant, Denny Linaburg, Fire Chief and Kris Tierney, Assistant County Administrator. The Board of Supervisors IT Committee welcomes Bob Wells to the Committee. The committee submits the following: ** *Items Requiring Board Action * ** 1. None ** *Items NOT Requiring Board Action * ** 1. Old Business A. Phone Implementation Project Update: Mr. Banks let the committee know that the project was completed on time and with a change order ($3,000) to legacy equipment. Department of Social Services was also successfully added. Mr. Banks thanked the IT staff and commended outstanding performances from quality personnel. IT Department will continually provide staff training on the phone system once a month 107 North Kent Street, Winchester, Virginia 22601 B. Broadband Project: Mr. Fly commented that the project is now winding down with the full report due this Friday (September 6, 2013) after many communications with the vendor to ensure the county was issued a specific report. The Broadband Management Team is expected to be briefed at the end of September. It is the County's effort to facilitate Internet Providers to increase their footprint in Frederick County and not be a broadband Internet Provider. Larger providers such as Comcast are willing to expand. C. Adding satellite offices such as Economic Development Center, Winchester Regional Airport: The committee discussed the possibility and cost allocation of IT services to agencies for which the county serves as fiscal agent. D. Personnel: Mr. Banks let the committee know about a single position located at the Public Safety Building that was now being shared by all positions within the IT Department. Mr. Linaburg supported the decision for this position to be shared and the committee also agreed that the idea of distributed knowledge would benefit the county. Mr. Linaburg said, "The plan to share this position is the best plan we've had. It gives me a level of comfort that no matter who comes to work at the PSB they have an overall understanding of the importance of redundancy and IT support. We're firing on all cylinders now ". Mr. Banks again recognized the excellent staff work and cooperation from the entire county as adjustments have been made. Mr. Banks is currently looking into the current IT structure to see how the IT Department can more efficiently serve the IT needs of the county staff and community at an overall savings by eliminating that position. Mr. Banks would like to look internally and add a single position of Trainer /Project Manager or Project Coordinator to the IT Department because of the success of the phone project and the ongoing high investments in different technologies and services. E. Fire Reporting Software: Mr. Linaburg brought to the committee a recommendation that Fire & Rescue no longer use their current software for creating and submitting EMS reports, Firehouse. He suggested that due to the unstable software and the fact that there are no web -based applications, the Committee approve the purchase of software used by Valley Health, and the state, Image Trend. 107 North Kent Street, Winchester, Virginia 22601 Mr. Dehaven asked about the use of mobile devices and Mr. Linaburg responded that the county would be receiving a grant for that purchase. Mr. Dehaven wanted to ensure that the agreement also included services the state was providing at no additional cost to the county. Also, Mr. Dehaven asked about training and Mr. Banks responded that this project would be a hybrid project where IT would be able to provide some training to end users as well. It was confirmed to the committee that the service fee was slightly higher (4 %) than normal. Security concerns were also brought up to the committee and Mr. Banks and Mr. Linaburg assured the committee that through standard networking permissions and the security already enabled on the software, that unauthorized use would not exist. It was determined that the committee would recommend the software purchase to the Finance Committee in order to stay consistent that all funding requests are moved to the Finance Committee. Mr. Dehaven moved that the Frederick County IT Committee recommend the purchase of EMS reporting software for Fire & Rescue and forward the recommendation to the Finance Committee. Mr. Wells seconded the motion and the motion was approved. D. Comments /Questions 5. Meeting adjourned. The next meeting will be Wednesday, October 2 2013. We will confirm one week prior. 107 North Kent Street, Winchester, Virginia 22601 BOS Tech Committee Date: Wednesday September 4th, 2013 Time: 8:15 am Purple Conference Room 107 N Kent Street What's New? • Update on Phone Implementation Project • Update on Broadband Improvement Project • Discussion about what is needed to incorporate other satellite services and offices such as the Winchester Regional Airport and the Economic Development Center in the county's VoIP system. What will be the Protocol and Procedure to accomplish future requests? • Information on recommended solution for Fire Reporting Software. This application would allow Fire & Rescue to have a reporting system that is integrated with the local hospital and is in line with the transitional needs of service delivery. Action Required: Recommendation to move forward in the amount of$56,080.00 and annual maintenance of $13,580.00 for approval at the next Finance Committee Meeting COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 Dennis D. Linaburg Fire Chief MEMORANDUM TO: Public Safety Committee FROM: Dennis D. Linaburg Fire &Rescue SUBJECT: Image Trend DATE: August 13, 2013 With changes to the State requirements for EMS reporting, we have encountered numerous issues with our current system, Firehouse. The State currently contracts with Image Trend for EMS reporting services, and as this system is already compliant with both State and National reporting requirements, we are looking to change to Image Trend as well. Image Trend is userfriendly, whereas Firehouse changes have made it difficult to maintain in the field.This program will allow for less reporting errors as it is already formatted for use in Virginia. In addition to these advantages, with the EMS Expense Recovery Program moving quickly along, this program will allow for better report tracking and data entry for billing and expense recovery. Office (540) 665 -5618 0 dlinabur@co.frederick.va .us 0 Fax (540) 678 -4739 Ship To: Dennis Linaburg Frederick County Fire & Rescue Departure 1080 Coverstone Drive Winchester, VA 22602 540 - 665 -5618 dlinabur @co.frederick.va.us IMAGETREND ,, PROPOSAL Salesperson Proposal Number Date Eric Kaphingst EK -739 C June 4, 2013 Description Qty I Unit Price Total Software Rescue Bridge License (Fire & EMS) 1 $22,500.00 $22,500.00 Rescue Bridge Complete Annual Support 1 $3,600.00 $3,600.00 Rescue Bridge Complete Annual Hosting 1 $6,000.00 $6,000.00. EMS Modules Included: Certification Dashboard Run History Documents Staff QA/Q1 Training Report Writer 2.0 (Transactional) Fire Modules Included: NFIRS 5.0 Reporting Inspections Activities Inventory Checklist Locations Fire Shifts Occupants Hydrants Mobile Fire Inspections Client Site License 1 $7,500.00 $7,500.00' Mobile Fire Inspections Client Site License Annual Support 1 $1,200.00 $1,200.00 Field Bridge Site License 1 Provided by VA OEMS 'Requires Hardware with Tablet PC Operating System if for Field Use Field Bridge Site License Annual Support 1 Proviced by VA OEMS Other Modules and Integrations CAD Integration to OSSI (inclusive of first agency) 1 $8,000.00 $8,000.00 CAD Annual Support 1 $1,280.00 $1,280.00 CAD Annual Hosting 1 $1,500.00 $1,500.00 Training Training Sessions - Onsite (Full Day M -F) 2 $1,000.00 $2,000. Travel per Trainer for Onsite Training 1 $1,500.00 $1,500. Optional Items Client may elect to purchase any of the following items by checking the associated box. These items will be added to your total cost.) [ — ]MARS Setup Fee 1 $500.00 MARS Annual Transactional Fee 1 $2,000.00 ❑Auto -Post from Rescue Bridge to State Bridge 1 $500.00 Inclusive of Frederick County Agencies, regularly $500 per agency Auto -Post from Rescue Bridge to State Bridge Annual Support 1 $100.00 TOTAL Year 1 Annual Fees after Year 1 Terms of Agreement -The above mentioned items will be invoiced independently upon completion with payment terms of net 30 days. , The recurring annual fees will be billed annually in advance. Project completion occurs upon receipt of the product. ImageTrend's license, annual support and hosting are based on 10,000 annual incidents as provided by Client. ImageTrend reserves the right to audit the annual incident volume and the option to increase future support and hosting costs, with advanced notification to the Client, if the number of annual incidents increases substantially and has a resulting effect of increased support calls and hosting requirements to ImageTrend. ImageTrend, Inc. 20855 Kensington Blvd Lakeville, MN 55044 Page 1 of 2 Tel: 952 - 469 -1589 Fax: 952 - 985 -5671 www.imagetrend.com , All hosting fees are based upon anticipated usage and include an average of 3 Mb Bandwidth and 30 GB of Storage. These fees are subject to annual usage audits, which may affect future fees at an increase of $15 /Mb /month for Bandwidth and $15/10GB /month for Storage. ImageTrend reserves the right to reevaluate on an annual basis and potentially increase the ongoing annual fee rates for the subsequent years. The increase shall not, however, exceed inflation. , This proposal is valid for 90 days. Note: If Client would like to schedule Onsite Training on the weekend, additional fees may apply. Note: ImageTrend is not responsible for any CAD Vendor requirements and any associated fees. Approved As: ImageTrend, Inc. Frederick County Fire & Rescue Department Signature Dated Purchase Order# (if applicable) If you have any questions regarding this proposal, contact: Eric Kaphingst at 952 - 469 -6228 or ekaphingst @imagetrend.com Julie Kaufman -Boom at 952 - 469 -6163 or jkaufman- boom @imagetrend.com Thank you for your business! ImageTrend, Inc. Tel: 952 - 469 -1589 20855 Kensington Blvd Fax: 952 - 985 -5671 Lakeville, MN 55044 Page 2 of 2 www.imagetrend.com - COUNTY of !FREDERICK Department of Public Works 540/665 -5643 FAX: 54 01678 - 4682 MEMORANDUM TO: Board of Supervisors FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works # SUBJECT: Public Works Committee Report for Meeting of August 20, 2013 DATE: August 23, 2013 The Public Works Committee met on Tuesday, August 20, 2013, at 8:00 a.m. All members were present except for Jim Wilson. The following items were discussed: ** *Item Requiring Action * ** 1. Review of PPEA Proposal for New County Office Building Prior to convening into a closed session to discuss the PPEA submittal from the Frederick County Center, LLC, Mr. Dave Ganse recused himself from further involvement in this topic because of a possible conflict of interest. The committee then convened into closed session in accordance with the appropriate sections of the Virginia State Code §2.2 -3711. After reconvening from the closed session, the committee members unanimously certified that only the items related to the confidential nature of the PPEA proposal were discussed. At that point, the committee unanimously recommended that County Administrator, John R. Riley, Jr., be authorized to award a contract to OWPR to perform a needs assessment study for the county government staff as well as the school administration. OWPR currently has an open -ended contract with the Frederick County School Board to perform architectural /engineering services. A copy of their proposal to perform the needs assessment study is attached. (Attachment 1) Respectfully submitted, Public Works Committee Gene E. Fisher, Chairman David W. Ganse Gary Lofton Whit L. Wagner Robert W. Wells James Wilson By � Harvey snyder, Jr., P.9. Public Works irector HES /rls Attachment: as stated cc: file ATTACHMENT 1 Frederick County, Virginia County Government Departmental Space Planning Needs Assessment Task Order TBD Page 1 of 2 Task Order RE Frederick County, Virginia County Government Departmental Space Planning Needs Assessment Task Order TBD This Task Order is our outlined "Scope of Work" for the requirements for the Architectural design services for the County Government Departmental Space Planning Needs Assessment. SCOPE OF BASIC SERVICES The general scope of work is outlined below. The following will be provided by A/E: A. Scope of Services: The project is for departmental space planning needs assessment services only and would involve the following: 1. Tour current county government department spaces to understand unique work environment criteria 2. Meet with county government department heads and appropriate staff to determine work space planning needs for the next 10 years. 3. Meet with county government to determine common use space planning needs for the next 10 years. 4. Establish standard Frederick County Government office size and type standards for each department to utilize for future growth and planning. 5. Provide a Program of Spaces (including number, type and size) for each county government department and a Common Use Program of Space. 6. Review Frederick County Public Schools Space Planning Needs Assessment and identify potential common use spaces that could be shared with the Frederick County Government. 7. Meet jointly with both entities to identify common use spaces for inclusion in a Common Use Program of Space. 8. Review final Program of Spaces with each Department Head and appropriate staff for approval and final editing 9. Deliver and review final Space Planning Needs Assessment (includes departmental Program of Spaces and Common Use Program of Spaces) Frederick County, Virginia County Government Departmental Space Planning Needs Assessment Task Order TBD Page 2 of 2 A/E CONTACT: A/E contact shall be: Randy S. Jones, AIA OWPR, Inc. 200 Country Club Drive, Plaza 1, Building E Blacksburg, VA 24060 Phone: {540} 552 -2151 Email: rmones a o r_com AGENCY CONTACT Agency contact shall be: Ed 94asnyde- S*rau 1b 4 ` Cle' Frederick County Government 107 North Kent Street Winchester, Virginia 0 L.% . C54o) 72Z - 8214 Cell: 546-9 -14 - TERMS OF AGREEMENT Based on the scope of work listed, Architectural /Engineering fees to provide the services indicated result in a not to exceed fixed fee of $10,000.00 TERMS OF PAYMENT OWPR shall bill at the completion of the Departmental Space Planning Needs Assessment. Payment shall be made to OWPR not more than 30 days after the completion of the scope of work as defined in this document. The signers agree to the terms and conditions of this Letter of Agreement: A/E - OWPR, Inc. Authorized signature of A/E F DATE: Z '�' I?e��DATE: zed signature of Agency COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667 -0370 E -mail: cshiffle @fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: August 22, 2013 SUBJECT: Finance Committee Report and Recommendations The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Thursday, August 22, 2013 at 8:00 a.m. There were meetings with the outside agencies following the Finance Committee meeting, beginning at 9:15 a.m. in the Board of Supervisors meeting room. Member Ron Hottle was absent. The agenda was amended to add item 14. (Q) Items 3, 5, 6, 7, 8, 9 and 11 were approved under consent agenda. 1. The Department of Social Services requests an FY 2014 General Fund supplemental appropriation in the amount of $50,000. This amount represents a carry forward of FY 2013 funds for Strengthening Families Innovators for Success Council Project ($10,000 State funds) and a new phone system ($40,000 local funds). See attached memo, p. 6. The committee recommends approval. 2. The Winchester Regional Airport requests an FY 2014 Airport Capital Fund supplemental appropriation in the amount of $4,437,906 and a Fund 10 supplemental appropriation in the amount of $499,004. These amounts represent the Airport Capital budget appropriation and the general fund share. The Airport Capital Fund request will require a public hearing. See attached information, p. 7 —17. The committee recommends advertising for public hearing and approval of the Fund 10 supplemental appropriation. 107 North Kent Street • Winchester, Virginia 22601 1 Finance Committee Report and Recommendations August 22, 2013 Pac, �2 3. (Q) The Parks & Rec Director requests an FY 2014 General Fund supplemental appropriation in the amount of $25,000. This amount represents a donation from Olde Woolen Mill LLC received in FY 2013 for the construction of a maintenance storage building at Clearbrook Park. See attached memo, p. 18. 4. The Public Works Director requests an FY 2014 General Fund supplemental appropriation in the amount of $99,061 and a Landfill Fund supplemental appropriation in the amount of $1,178,000. These amounts represent carry forwards of unspent FY 2013 funds. This request has been endorsed by the Public Works Committee. See attached information, p. 19 — 21. The committee recommends approval. 5. (Q) The Sheriff requests an FY 2014 General Fund supplemental appropriation in the amounts of $78,614 and $25,000. These amounts represent Internet Crimes Against Children (ICAC) grants awarded by the Department of Criminal Justice (DCJS) and the Department of State Police. No local funds required. See attached information, p. 22 — 31. 6. (Q) The Sheriff requests an FY 2013 General Fund supplemental appropriation in the amount of $775. This amount represents DARE donations received. See attached memos, p. 32 — 34. 7. (0) The Sheriff requests an FY 2013 General Fund supplemental appropriation in the amount of $5,423.95. This amount represents reimbursements for prisoner extraditions. See attached memos, p. 35 — 36. 8. (Q) The Fire & Rescue Chief requests an FY 2014 General Fund supplemental appropriation in the amount of $7,008.40. This amount represents unspent VDEM grant funds received in FY 2013. See attached memo, p. 37. 2 Finance Committee Report and Recommendations August 22, 2013 Pac, �3 9. (Q) The Fire & Rescue Chief requests an FY 2013 and an FY 2014 General Fund supplemental appropriation in the amount of $4 ,428.99. This amount represents reimbursement for damaged fire gear received in FY 2013 and carried forward to FY 2014. See attached memo, p. 38. 10. The Fire & Rescue Chief requests an FY 2014 General Fund supplemental appropriation in the amount of $850,000. This amount represents a budget for the EMS Revenue Recovery Program for six months. See attached memo, p. 39 — 41. The committee recommends approval. 11. (Q) The Public Safety Communications Director requests an FY 2014 General Fund supplemental appropriation in the amount of $2,000 This amount represents a grant received from the Virginia E -911 Wireless Education Program. See attached memo, p. 42 — 43. 12. The Public Safety Communications Director requests an FY 2014 General Fund supplemental appropriation in the amount of $200,000 of which $50,000 represents a carry forward of unspent FY 2013 funds and $150,000 represents a grant received from the Virginia E -911 Services Board. Funds will be used for the down payment on a new upgraded 9 -1 -1 phone system. See attached information, p. 44 — 50. The committee recommends approval. 13. The Finance /Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 51— 53. The committee recommends reducing the number of Board of Supervisor representative from four to three. 14. The County Administrator requests a General Fund Supplemental Appropriation in the amount of $ 377,396.00. This amount represents funds reserved in the general fund that will need to be appropriated and transferred to the 3 Finance Committee Report and Recommendations August 22, 2013 Pac,e 14 Development Project Fund for various road projects. Also requested is a Development Project Fund Supplemental Appropriation in the amount of $470,733.50. This amount represents the transfer from the General Fund in the amount of $377,396.00 and funds reserved in the project fund in the amount of $93,337.50. The committee recommends approval. 15. The Committee received presentations from requested outside agencies. There was a consensus to maintain FY 2014 budgets at current levels. Further discussions on the FY 2015 funding will continue during upcoming budget discussions. See attached, p. 54 — 68. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for FY 2013. See attached, p. 69 — 72. 2. The Finance Director provides a Fund 10 Transfer Report for FY 2014. See attached, p 73. 3. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2012 Comprehensive Annual Financial Report (CAFR). This is the 27 consecutive year that Frederick County has received this achievement. See attached, p. 74 — 75. 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2012 Popular Annual Financial Report (PAFR). This is the 6 th 12 Finance Committee Report and Recommendations August 22, 2013 Page 15 consecutive year that Frederick County has received this award. See attached, p. 76 — 77. Respectfully submitted, FINANCE COMMITTEE Charles DeHaven Judy McCann - Slaughter Richard Shickle Gary Lofton eXu y Cheryl B. Shiffler, Finance irector 5 Memo To: Finance Committee /Cheryl Shiffler From: Delsie D. Butts CC: Date: June 28, 2013 Re: FY 2013 funds carry- forward request Frederick County Department of Social Services is requesting $50,000 ($10,000 Federal dollars and $40,000 Local dollars) from our FY 2013 budget to be carried forward to our FY 2014 budget. Descriptions of requests are as follows: 1) We had received funding from the State for Strengthening Families Innovators for Success Council project of $20,000 in January 2013 and were hoping to have at least 50% expended by the end of June and the remaining funds was allocated in our FY 2014 budget. Due to switching vendors, this did not happen. The State is allowing our agency to use these funds until December 2013. We are requesting that $10,000 be carried over to our FY 2014 budget line, no local dollars required: 010 - 053170 - 5825 -000 STRENGTHENING FAMILIES INNOVATORS FOR SUCCESS COUNCIL 2) The second project is the new phone system that we are working in conjunction with County IT. Our agency was able to reserve local dollars from FY 2013 in order to pay for this new asset by June 2013. This project is not projected to be completed until July 2013 and therefore, we have not received the final invoice for this project. Per State finance policy manual this asset must be expensed from local dollars and then `depreciated' over the life of the asset. The department is requesting $40,000 of unspent local dollars from FY 2013 to be carried forward into FY 2014 Administrative budget line: 010 - 053160- 8007 -000 Integrated Tech. Equipment Thank you for your consideration. Delsie D. Butts Administrative Services Manager A WINCHESTER REGIONAL AIRPORT 491 AIRPORT RUAa WINCHESTER, VIRGINIA 22602 (540) 662 -5786 Memo Toe Cheryl Shrffler, Finance Director., Frederick County. Frorax Renny Manuel, [director, Winchester Airport Date- August 5, 2013 Rte; Fund 85 - Capita[ FY 2014 Budget Appropriations On behalf of the Winchester Regional Airport Authority, I respectfully request a budget appropriation in Fund 85 (Capital) for FY 2014 for new projects and balances tar projects in progress at the end of FY 2013. Revenue appropriations: 85- 033010 -0012 Federal Reirnbursements $ 3,289,862 85- 924040 -0012 State Reimbursements $ 436,136 85 -01911 C1 -5150 Transfer from General Fund- County Share $ 499,004 85- 01911€} -0009 Local Contribution - City Share S 198,904 85-01911 O.OD09 L ❑cal Contribution - Other Localities $ 3,500,000 15,000 S 4,437,906 Expenditure appropriatons: 85 81030- 8$01 -000 -065 FY 13 Bal - Rehab Runway 14J32 Constr $ 77,304 85 -081030- 6801 - 000 -D73 FY 13 Bal -Rehab 8. Relocate South Apron $72,692 85-081 D33C1- gaol -0o0-074 FY 13 Bal - Maintenance Facility Design 5 7,2B2 85- +081030- 8841 - DUD -04,9 NEW -State Eligible Maintenance Repairs $ 50,000 B5-381D30- 8901 -000 -17 3 NEVV -South Apron Rehab- Gtnstr $ 3,500,000 86- D81D30 -89D1 -11)0 -074 NEW - Maintenance EBIdg - Constr $ 7301,525 $ 4,437,906 All listed projects are programmed for Federal andlor State funding grants. Supporting documents are attached for reference. 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I $S E LL r G rr � LO LL w to en G1 � tTY N s'+ Q 16 7 m 61: CL 9 r 0 � V " a b b € r� 0 G LU J LL 5 , Z) 0 D Lv e J e z e CL T cr- s 0 � L (2) a COUNTY of FREDERICK Parks and Recreation Department 540 -665 -5678 FAX: 540 -665 -9687 wNvw.fcprd.nct c -mail: fcprd(cr;co.frederick.va.us MEMO Frederic ounty To: Finance Department RECEIVED From: Jason Robertson, Director Subject: Finance Committee Agen a MAY 17 2013 Date: May 16, 2013 Finance Department I would like to request a General Fund supplemental appropriation in the amount of $25,000. This amount represents a donation from Olde Woolen Mill, LLC for the construction of a maintenance storage building at Clearbrook Park in exchange for the conveyance of a sewer easement on approximately 7,800 square feet which was approved by the Board of Supervisor's on April 24, 2013. It is requested that this amount be included in Fiscal Year 2014 and be appropriated to line item 7109 - 8800 -00 Buildings. These funds were deposited into Donations 1899 -03 on 5/16/13. If you have any questions or need additional information, please contact me at your convenience. JLR/kcd C 5- � c, k 107 North Kent Street Winchester, VA 22601 18 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678-0682 MEMORANDUM TO: Cheryl B. Shiffler, Director of Finance FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works SUBJECT: Carry Forward Request Fiscal Year Budget 2012/2013 to Fiscal Year Budget 2013/2014 DATE: August 8, 2013 In a scheduled meeting dated August 6, 2013, the public works committee endorsed the following carry forward requests for referral to the finance committee: Landfill 12 -4204 $1,178,000 (Attachment 1) Refuse Collection 10 -4203 $ 99,061 (Attachment 2) The attached memorandums provide the justification and reference the appropriate line items for these requests. HES /rls Attachments: as stated cc: file T:\RHONDA\ BUDGET\ CARRYFORWARDS\ FINANCECOMCARRYFORWARDFYI4.DOCX 19 ATTACHMENT 1 COUNTY OF FREDERICK LANDFILL 540- 665 -5658 (Phone) 540- 665 -6385 (Fax) MEMORANDUM TO: Public Works Committee FROM: Steve Frye, Landfill Manag� THROUGH: Harvey E. Strawsnyder, Director of Public Works SUBJECT: Carry Forwards to 2013/2014 DATE: July 29, 2013 We are requesting that the following funds be carried.over. from the 2012/2013 budget into the new 2013/2014 budget. The total amount of this request is $ 1,178,000 and is itemized as follows: • 12- 4204 - 3002 -00 Professional Services We are requesting that $200,000 be carried forward and allocated to line item 12-4204w3002-00 for professional services. These funds will be used for final phase for capping of Permit 40, CDD pump station upgrade and, Landfill to Gas expansion and upgrades. • 12 4204 - 8900 - 00 Improvements Other Than We are requesting that$978,000 be carried forward to complete projects that were planned for 2012/2013 that did not get completed. These projects will include partial closure of,CDD cells (7 acres @ $100,000 /acre), a new equipment building (40X80 @ $40 /sq.ft.) and upgrade pumps /liner (Permit 40 Lagoon). /bin cc: file 107 N. KENT STREET WINCHESTER, VIRGINIA 22601 -5000 20 ATTACHMENT 2 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678-0682 MEMORANDUM TO: Harvey E. Strawsnyder, Jr., P.E. lqeL Director of Public Works FROM: Gloria M. Puffinburger Solid Waste Manager RE: Carryforward Request; FY 12/13 DATE: July 31, 2013 The purpose of this memo is to request that a total of $99,061 be carried forward from Refuse Collection line item 10- 4203 - 8900 -00 (Improvements Other Than Buildings) in the FY 12/13 budget to line item 10- 4203 - 8900 -00 in the FY 13/14 budget. Funds will be used to complete construction of the relocated Gainesboro citizens' convenience site. If you have any questions, please do not hesitate to contact me at Extension 8219. /gmp cc: file 21 } � BPeo COMMONWEALTH of VIRQ INIA Garth L. Wheeler Department of Criminal Justice Services Director June 26, 2013 Mr. John R. Riley, Jr. County Administrator Frederick County 107 North Kent St., 2nd Fl. Winchester, VA 22601 Title: Internet Crimes Against Children Dear Mr. Riley: 9100 Bank Street Richmond, Virginia 23299 (804) 786 -4000 TDD (804) 386 -8732 I am pleased to advise you that grant number 14- C2273AC14 for the above - referenced grant program has been approved for a total award of $78,614 in Special Funds. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Reporting Requirements Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Heather Smolka at (804) 371 -0635. Sincerely, A � Garth L. Wheeler Enclosures cc: The Hon. Robert Williamson, Sheriff Ms. Cheryl B. Shiffler, Finance Director Ms. Heather Smolka, DCJS Monitor Criminal Justice Service Board • Committee on Training • Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and CNdren's Justice Act Programs Private Security Services Advisory Board • Criminal Justice Information Systems Committee www.dcjs. irginia.gov Department of Criminal Justice Services I100 Bank Street, 12th Floor, Richmond, VA 23219 Statement of Grant Award /Acceptance Subgrantee: Frederick County Date: June 26, 2013 Grant Period: Grant Number: From: 07/01/2013 Through: 06/30/2014 14- C2273AC 14 Project Director Project Administrator Finance Officer The Hon. Robert Williamson Mr. John R. Riley, Jr. Ms. Cheryl B. Shiffler Sheriff County Administrator Finance Director Frederick County Frederick County Frederick County 1080 Coverstone Drive 107 North Kent Street, 2nd Floor 107 North Kent Street, 2nd Floor Winchester, VA 22602 Winchester, VA 22601 Winchester, VA 22601 Phone: (540) 504 -6580 Phone; (540) 665 -5683 Phone: (540) 665 -5610 Email: rwilliam@co.fredcrick.va.us Email; jriley@co.frederick.va.us Email: cshiffle ®co.fred crick. va.us Grant Award Budget Budget Categories DCJS Funds Federal General Special Local TOTALS Travel $0 $0 $0 $0 $0 Supplies /Other $0 $0 $0 $0 $0 Personnel $0 $0 $78,614 $0 $78,614 Indirect Cost $0 $0 $0 $0 $0 Equipment $0 $0 $0 $0 $0 Consultant $0 $0 $0 $0 $0 Totals $0 $0 $78,614 $0 $78,614 This grant is subject to all rules, regulations, and criteria included in th grant guidelines and the special conditions attached thereto, arth L. Wheeler, Director The undersigned, having received the Statement of Grant Award /Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of ' 20 Signature: Title: 23 STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Rank Street Richmond, Virginia 23219 Internet Crimes Against Children (YCAC) Grant Program — Localities Subgrantee: Frederick County Title: Internet Crimes Against Children Date: June 26, 2013 The following conditions are attached to and made a part of this grant award: 1. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: to use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; to adhere to the approved budget contained in this award and amendments made to it in accord with these terms and conditions; and to comply with all terms, conditions and assurances either attached to this award or submitted with the grant application. 2. The Subgrantee agrees to submit such reports as requested by DCJS. Funds from this grant will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can show good cause for missing the reporting deadline. 3, Grant funds, including matching funds, may only be expended and/or obligated during the grant period. All legal obligations must be fulfilled no later than 90 days after the end of the grant period. 4. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. Subgrantee may follow their own established travel rates if they have an established travel policy. If a subgrantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. Please refer to the following IRS website for the most current mileage rate: hLtp: / /www.irs.gov /taxpros /article /0 „id= 156624,00.html Transportation costs for air and rail must beat coach rates. 6. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. If not started during this period, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project and the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must receive approval in writing from the DCJS for a new implementation date or the DCJS may cancel and terminate the project and redistribute the funds to another program. 7. No amendment to the approved budget may be made without the prior approval of DCJS. No more than two (2) budget amendments will be permitted during the grant period. Budget amendments must be requested using the online Grants Management Information System, (GMIS), accompanied with a narrative. No budget amendments will be allowed after April 30, 2014, 8. The subgrantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award. 9. All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS, Permission to make sole source procurements must be obtained from DCJS in advance. Grant Number: 14- C2273AC14 24 Page 2 of 2 Grant No: 14- C2273AC14 County of Frederick 10. Acceptance of this grant award by the local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances —those submitted with the grant application, and those issued with this award - ---are complied with. 11. Any delegation of responsibility for carrying out grant- funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 12. PROJECT INCOME: Any funds generated as a direct result of DCJS grant funded projects are deemed project income, Project income must be reported on forms provided by DCJS. The following are examples of project income: Service fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash, personal or real property included). 13. DCJS will require the same Quarterly data collection form with the specific data to be collected through each Grant Quarter reporting period. A reporting schedule will be included in the Statement of Grant Award documentation. If you have any questions regarding your reporting requirements, please contact DCJS Grant Monitor Heather Smolka at Heather. Smolka@dcjs.virginia.gov, 14. Prior to DCJS disbursing funds, the Subgrantee must comply with the following special conditions: 25 COMMONWEALTH ®f VIRGINIA Department of Criminal Justice Services 1900 Bank Street Garth L. Wheeler Richmond, Virginia 23219 Director : (804) 786 -4000 NOTICE TDD (804) 386 -8732 To: Grants Project Administrator From: Janice Waddy, DCJS Grants Administrator Re: Post Award Instructions and Reporting Requirements PLEASE READ VERY CAREFULLY ❑ GRANT A WARD AND SPECIAL CONDITIONS Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released Sign and date the grant award acceptance and submit any Special Condition documentation to: Grants Administration Department of Criminal Justice Services 1100 Bank Street, 12 Floor Richmond, Virginia 23219 ❑ REPORTING REQ UIREMENTS By accepting the accompanying grant award, you are agreeing to submit on -line quarterly progress and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. Financial reports and progress reports* are due no later than the close of business on the 12 working day after the end of the quarter ( * except Offender Reentry and Transitional Services (Jormeriy papis) reports which are due b the last working day of the end of the following month). Also, V -STOP and Sexual Assault Grant Programs' progress reports are submitted on semi - annual basis 12' working day after 6130 and 12131 quarters Reports are required even if no expenditures have occurred during the quarter. Criminal Justice Service Board • Committee on Training . Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board • CrieI Justice Information Systems Committee www.dcjs.virginia.gov will not be honored from grant recipients who do not fulfill this reporting obligation. A schedule of due dates is also attached for your reference. ® PROGRESS REPORTS Refer to our website: http : / /www.dcis.virginia.gov/ for submitting progress reports through the Grants Management Online Information System. In order to use this web -based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on -line system to submit your progress reports. Paper copies of progress reports will no longer be accepted ! 11 FINANCIAL REPORTS Refer to our website for submitting financial reports through the Grants Management Online Information System. In order to use this web -based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. The address is http: / /www.dcjs.virginia. gov/ grantsAdrninistratior /gmis /index.cfm ?menuLevel =4 Paper co ies ot the Lin ancial reports will no lop er be accepted! You are re wired to use the online system in reporting your expenditures. 11 REQUESTING GRANT FUNDS Refer to our website for requesting fluids through the Grants Management Online Information System. In order to use this web -based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. *Please note, you can access this system using the same password assigned for the on -line financial reporting system. The address is: http: / /www.dei s.virginia. gov /gr'antsAdministratior/gmis /index. cfm ?menuLevel=4 You are required to use the online system for requesting funds. ® BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review your special conditions carefully to determine the requirements and procedures for amending budgets. Refer to our website for the Grants Management Online Information System. *Please note again that you can access this system using the same password assigned for the on -line financial reporting system. The address is: h : / /www.dcis.vir inia. ov/ rantsAdmiriistrationl mis /index.cfm ?menuLevel =4. Paper copies of the Budget Amendments will no lonker be accepters You are required to use the on -line system for submitting budget amendments. If you have any questions, please contact Virginia Sneed (844) 786 -5491 or by e -mail at virginia .sneed @dcjs.virgir. -ia.gov. genpgms. 27 PROJECTED DUE DATES FINANCIAL & PROGRESS REPORTS Reports are due by the 12th working dad following the close of the quarter covered in the report. Financial reports are required even if no expenditures have occurred. "Please note that V -STOP and Sexual 4ssault progress reports are semi- annual and due the 12` working day after 6130 and 12131. QUARTER ENDING DUE BATE 3/31/2013 4/16/2013 6/30/2013 7/17/2013 9/30/2013 10/17/2013 12/31/2013 1/21/2014 3/31/2014 4/16/2014 6/30/2014 7/17/2014 9/30/2014 10/17/2014 Colonel W. S. (St eve) Flaherty COMMONWEALTH of VIRGINIA Superintendent DEPARTMENT OF STATE POLICE (304) 674 -2000 P. O. BOX 27472, RICHMOND, VA 23261 -7472 July 30, 2013 Robert T. Williamson, Sheriff Frederick County Sheriff's Office 1080 Coverstone Drive Winchester, VA 22602 Dear Sheriff Williamson: Lt_ Col. Robert 8, Northern Deputy Superintendent We sincerely appreciate your continued partnership as an affiliate of the Northern Virginia Internet Crimes Against Children (NOVA/DC ICAC) Task Force. Fortunately, we have received 2014 fiscal year funding from the Virginia Department of Criminal Justice (DCJS) that enables us to sub award monies to our task force affiliates who are in good standing. To facilitate this process, we intend to utilize the previous model of an Interagency Agreement. Your funds may be used to support your agency's ICAC expenses for such things as: equipment, supplies, salary, software, etc., provided the pre - approved expenditure is used exclusively for your work as a NOVA/DC ICAC affiliate. As such, I have enclosed the Interagency Agreement and other related documents. Once reviewed and signed, please return to Captain Kirk S. Marlowe, Virginia State Police, Bureau of Criminal Investigation High Tech Crimes Division, P. O. Box 27472, Richmond Virginia, 23261 -7472. The NOVA/DC ICAC Task Force continues to make a significant impact across the region as we work collaboratively to pursue those who choose to prey upon our children. Your continued partnership is vital to the task force's overall success and we hope you find this funding beneficial to your efforts to combat child sexual predators and child pornography. Again, I thank you for all you do in support of the NOVA/DC ICAC Task Force. Should you have any questions please do not hesitate to contact me at (804) 674 -2767 or Supervisory Special Agent Hall at (571) 722 -9636. Sincerely,, Captain Kirk S. Marlowe Division Commander Bureau of Criminal Investigation High Tech Crimes Division Attachment KS M /jcb A NATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY Too 2g- 553 -3144 INTERAGENCY AGREEMENT Between The Virginia State Police for the Northern Virginia I District of Columbia (NOVA/DC) Internet Crimes Against Children Task Force (ICAC) And Frederick. County Sheriffs Office Under A Grant From The Virginia Department of Criminal Justice Services July 30, 2013 This Interagency Agreement ( "IA ") is entered into by the Virginia State Police (VSP) and the Frederick County Sheriff's Office. WHEREAS, the VSP has been designated as the recipient of grant funds (grantee) by the Virginia Department of Criminal Justice Services (DCJS), for the purpose of detecting, investigating, and preventing internet crimes against children; and WHEREAS, the Frederick County Sheriff's Office (sub - grantee) has provided ongoing expertise and assistance with these activities and efforts in previously funded ICAC Program grants managed by VSP; and WHEREAS, it is the express intent of both VSP and Frederick County Sheriffs Office, as well as DCJS that this partnership continues especially as it relates to a sworn investigator who is highly trained and experienced in the field of child pornography and child exploitation investigations or who possesses the potential for expertise; and WHEREAS, DCJS will provide VSP with additional grant funds for this program, of which VSP intends to allocate a maximum of $25,000 to offset the ICAC related costs (salaries, overtime, vehicle expenses, equipment, training, etc.) of one (1) full -time sworn investigator over the 2013/2014 fiscal period; expiring June 30, 2014; and WHEREAS, the VSP has the authority to execute this IA including any amendments and/or revisions thereof in order to distribute funds provided under this grant in a manner consistent with the intent of said award and in furtherance of the ICAC program administered by the United States DOJ /OJJDP. NOW THEREFORE, it is agreed by the parties hereto that: A. Frederick County Sheriff's Office shall assign one (1) sworn investigator on a full -time basis to the ICAC project through June 30, 2014. B. Frederick County Sheriff s Office shall invoice VSP on a quarterly basis for an amount not to exceed $6,250 per quarter, while the investigator is assigned to the ICAC project. (Last quarter reimbursement must be made prior to May 15, 2014 This is to ensure accounting reconciliation) Exceptions to the per - quarter threshold may be granted on a case -by -case basis by the NOVA/DC ICAC Commander. Further, should additional funds become available during the agreed upon period, this agreement may be amended by written correspondence from the NOVA/DC ICAC Commander to permit the expenditures of the Pa ml of 2 additional funds. C. VSP shall make every effort to process the invoices in a timely manner and consistent with prompt payment procedures, so that Frederick County Sheriff's Office is reimbursed at the agreed -upon rate and as soon after the conclusion of the reporting quarter as feasible. Reimbursement to Frederick County Sheriff's Office will be limited to actual expenses documented and submitted to VSP. All reimbursement requests shall be accompanied by original receipts for previously approved ICAC - related expenditures and a properly executed invoiced signed by the officer or the officers executing this agreement; and shall be submitted to Captain Kirk S. Marlowe, Virginia State Police P.O. Box 27472 Richmond, Virginia 23261. Additional supporting documentation shall be made available by Frederick County Sheriff's Office upon request to comply with grant documentation requirements and/or audits. The grantee (VSP) is responsible for submitting quarterly reports to DCJS and the Office of Juvenile Justice and Delinquency Prevention ( OJJDP) at the conclusion of the quarter. Accordingly, required Performance Measure documentation must be submitted to the ICAC Task Force Coordinator by the I0' day of the last month of each quarter in order for Frederick County Sheriff's Office to receive reimbursement. D. Frederick County Sheriff's Office, as a sub - grantee agrees to comply with performance measure reporting requirements as it relates to the assigned sworn investigator. While it is anticipated that the duration of this grant funding will enable state and local governments to staff the agreed upon position, it is not a requirement of this grant for the grantee or sub - grantee to maintain this position upon the cessation of funding. E. Frederick County Sheriff's Office, as a sub - grantee, agrees to comply with any additional requirements or special conditions which DCJS or OJJDP may require. Frederick County Sheriff's Office agrees to comply with any "sub recipient monitoring" and financial reporting requirements that VSP may require including timesheet documentation for the assigned sworn investigator. A certification that all reimbursed expenses are grant funded and dedicated for ICAC purposes shall be submitted with the quarterly invoice and /or payroll documentation. F. This IA may be modified only by a written document signed by all parties, and no oral understanding or agreement shall be binding on the parties, G. In the event the grant is terminated by DCJS or the participation of Frederick County Sheriff's Office is altered substantially, this IA shall become null and void, Captain Dirk S. M4 Virginia State Police T. Williamson Sheriff Frederick County Sheriffs Office Date �k 1t. Date Pa 31 2 of 2 �e�ck county Fr ROBERT T. WILLIAMSON Sheriff MAJOR R. C. ECKMAN Chief Deputy 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 TO Angela Whitacre, Treasurer's Office FROM Sheriff R. T. Williamson SUBJECT Reimbursement DATE : May 22, 2013 Attached please find a check in the amount of $455.00 from Middletown Elementary School. This amount represents the school's reimbursement for the purchase of DARE t- shirts. We are requesting this amount be posted to 3010 - 018990 -0015 (100J). A separate memo will be sent to Finance requesting appropriation. Thank you. RTW /asw MIDDLETOWN ELEMENTARY SCHOOL FIRST BANK 68- 2581514 CHECK N 1314 190 MUSTANG LANE 695 FAIRFAX PIKE 23 MIDDLETOWN, VA 22645 STEPHENS CITY, VIRGINIA 22655 DATE 540 869 - 4615 AMOUNT 5/1 /2013 Exactly Four Hundred Fifty -Five Dollars and Zero Cents $455:00 PAY Frederick County Sheriff's Off rO THE ORDER 1080 Coverstone Drive OF Winchester, VA 22602 n VOID AFTER 6 MONTHS Sherlys Oft'd "400 .5 121,3 countr ;heaf I a oftee ,3neryi 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 MAJOR R. C. ECKMAN Chief Deputy TO : Angela Whitacre — Treasurer's Office FROM :Sheriff R. T. Williamson �- c,�o D31oao�5y 3 SUBJECT : Donations — DARE Program DATE : June 18, 2013 Enclosed please find endorsed checks totaling $220.00 made payable to the DARE Program. We are requesting this amount be posted to revenue line 3010 - 018990 -0015 (100J). A separate memo will be sent to Finance requesting this amount be appropriated into the DARE budget line. Thank you. RTW /asw Enclosures Cc: Finance Department �,.�j • \Q1 \�l 1�� 33 COuntjr Shermp Ica ROBERT T. WILLIAMSON Sheriff 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax (540) 504 -6400 TO : Angela Whitacre, Treasurer's Office FROM : Sheriff R. T. Williamson MAJOR R, C. ECKMAN Chief Deputy SUBJECT : DARE Donation - 01��031 oaf 5`��3 -oob cot DATE : June 27, 2013 Attached please find a check from Evendale Elementary School in the amount of $100.00. This check represents a donation to the DARE Program. Please post this amount to revenue line 3010 - 018990 -0015 (100J). A separate memo will be sent to Finance requesting appropriation. Thank you. RTW /asw Cc: Finance fled erick ROBERT T. WILLIAMSON Sheri County Sher 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax(540)504 -6400 Oft'd MAJOR R. C. ECKMAN Chief Deputy TO : Angela Whitacre, Treasurer's ffice FROM : Sheriff R. T. Williamson -O) p-o3) X20 r 5j�o�� SUBJECT : Reimbursement — Extraditions DATE : May 13, 2013 Attached are two checks from the Commonwealth of Virginia — Circuit Courts totaling $1,406.62. These checks represent reimbursement from the State for extraditions. We are requesting this amount be posted to revenue 3- 010 - 019110 -0058 (1 0FL). A separate memo will be sent to Finance requesting appropriation into our budget. Thank you. RTW /asw Cc: Finance 1 A 35 de ��K County Sherifyr Fie °�`� ROBERT T. WILLIAMSON Sheriff MAJOR R. C. ECKMAN Chief Deputy 1080 Coverstone Drive Winchester, Virginia 22602 (540) 662 -6168 Fax (540) 504 -6400 TO : Angela Whitacre, Treasurer's Office FROM : Sheriff R. T. Williamson ed SUBJECT : Reimbursement — Extraditions +o 1 _ c)3 ( uao _ 55tfo DATE : May 28, 2013 Attached are two checks from the Commonwealth of Virginia — Circuit Courts, totaling $4,017.33. This amount represents reimbursement for extraditions. We are requesting these checks be posted to revenue line: 3010 - 019110 -0058 (14FL). A separate memo will be sent to Finance requesting appropriation into our budget. Thank you. RTW /asw Cc: Finance C .5 - �\1- 36 COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 Dennis D. Linaburg Fire Chief MEMORANDUM TO: Julie Cotterell Finance Department FROM: Dennis Linaburg Fire & Rescue Department SUBJECT: 2012 Haz Mat Team Grant Carry Forward DATE: June 10, 2013 In November 2012 the Frederick County Fire and Rescue Department was awarded a federal grant passed down through the Virginia Department of Emergency Management in the amount of $23,060.00. This grant provides for the upgrade and sustainment of the hazardous materials program and homeland defense in response to a weapons of mass destruction event. As of this date, equipment in the amount of $14,264.10 has been received, invoiced, and paid. Detection kits totaling $1,787.50 have been ordered and should be received prior to June 30"' The remaining funds in the amount of $7,008.40 will not be spent nor will a requisition for purchase order be submitted prior to the end of fiscal year cut -off date on June 26 We plan to purchase R.A.M.P. kit testing strips with these funds. However the current test strips will not expire until November 2013 and we wish to delay this purchase until closer to that time. Please carry forward the remaining funds in the amount of $7,008.40 in line item 3505 -5605 -002 to be placed in line item 3505 -5605 -002 of the FY2014 budget. Frederick County RECEIVED JU 11 2013 Finance Dep„rTrnC_ Office (540) 665 -5618 dlinabur @c Fax (540) 678 -4739 COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 Dennis D. Linaburg Fire Chief MEMORANDUM TO: Julie Cotterell Finance Department FROM: Dennis Linaburg Fire & Rescue Department SUBJECT: Valley Protein Reimbursement Check #1187169 DATE: June 10, 2013 On December 3, 2012, there was a fire incident at the Valley Proteins facility. During this incident, several career and volunteer firefighters came in contact with industrial enamel paint that was still wet. This paint contaminated several sets of structural fire gear. The gear was bagged and immediately sent to Gear Clean, Inc. in an attempt to see if the wet paint could be removed from the fabric before it dried and set. Unfortunately, they were unable to remove the product. Valley Proteins generously offered to reimburse the cost to replace the contaminated gear as well as cover the cost of the initial cleaning attempt. Check #1187169 in the amount of $4,428.99 from Valley Proteins was deposited in Revenue Code 3- 010 - 016170 -0002 Uniforms during FY 2013. It is at this time, I request a supplemental appropriation in the amount of $4,428.99 be placed in line item 3505 - 5410 -00 Uniforms. This will allow replacement gear to be ordered. Thank you. Frederick County RECEIV771') JUN 11 2013 Finance Department C 5. �Q I o Office (540) 665 -5618 • dlinabur @I- 36rederick.va.us 0 Fax (540) 678 -4739 COUNTY OF FREDE#ICK, VIRGINIA FIRE AND E DEPARTMENT Coverstone Drive i chester. VA 22602 Dennis D. Linaburg Fire Chief uL�l ►'�L+�1:�1 �I1�1 �Ti TO: FROM: SUBJECT DATE: Cheryl Shiffler, Director Financp 17epartment Dennis D. Linaburg, Fire & Rescue EMS Expense Recovery Proposed Budget August 13, 2013 As discussed in previous finance committee meetings, i are quickly moving forty rc' with the revenue recovery program. I have compiled informat on which projects the EM Expense Recovery Program Budget for the first six months, which will be funded during FY 4. In the first six months, we have estimated the income for the program at $850,000 00. During this same period, the estimated expenses are as follows- EMS Billing Manager wit i Benefits at $24,462.50; Premier Accounts Receivable (Third Part' Contractor) at $63,750.0 ; and EMS Supplies at $25,500.00. The remainder of the antic{ ated expenditures shall e distributed as outlined in the attachment. Office (540) 665 - 5618 0 dhnaburCacN Fax (5401 6' 78 -4739 Attachment Frederick County Fire and Rescue Department Frederick County Volunteer Fire and Rescue Association E.M.S. Expense Recovery Program Budget Projection Projected Income - FY14 — first 6 months Billed Aqency I Projected Amount Medicare Medicaid TriiCare (Military Insurance) Private Insurance Private Pay Total 850,000.00 This income is based upon the projections that the Committee presented during the discussion and approval process by the Board of Supervisors. Once the program starts and is administered for the first year, a more definitive dollar figure can be applied to these line items. Projected Expenses - FY14 — first 6 months Expenditure Line Items Projected Amount E.M.S. Billing Manager With Benefits 30,478.00 Premier Accounts Receivable (Third Party Billing Contractor) 63,750.00 E.M.S. Supplies (Valley Health) 25,500.00 Loaded Mileage To Volunteer Fire and Rescue Companies 99,000 Fire and Rescue Department 315,636 Volunteer Fire and Rescue Companies • Stephens City • Middletown • Clear Brook • Gore • Round Hill Community 315,636 • Gainesboro • Star Tannery • Greenwood • North Mountain • Millwood Station Total 850,000.00 The E.M.S. Billing Manager's expense is based upon the Salary Classification of "R7— Step E" including a calculation of thirty five percent (35 %) for benefits. Once the position is filled, the salary shall be finalized based upon the employee and this number shall be confirmed. W Attachment The Premier Accounts Receivable Management (Third Party Billing Contractor) is based upon the anticipated contract figure of seven and one -half percent (7.5 %) of gross income projected above. The cost of E.M.S. Supplies is based upon the anticipated monthly costs from Valley Health and potentially other vendors for expendable materials that are billed for by the E.M_S. Expense Recovery Program. This line item is a projected expenditure of a total of three percent (3 %) annually with monthly amounts to vary. Once the program starts and is administered for the first year, a more definitive dollar figure can be applied to these line items. The entire $11.00 per loaded mile will be distributed to the volunteer fire and rescue companies that are participating in the E.M.S. Expense Recovery Program. Once the program starts and is administered for the first year, a more definitive dollar figure can be applied to these line items. The remainder of the anticipated expenditures is to be split (50150) between the Volunteer Fire and Rescue Companies and the Fire and Rescue Department. Once the program starts and is administered for the first year, a more definitive dollar figure can be applied to these line items. 41 COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 5 North Kent Street, Winchester, VA 22601 LeeAnna Pyles Director TO: Finance Committee FROM: LeeAnna Pyles, Director Public Safety Communications DATE: July 17, 2013 REF: August Committee Agenda 1 46 I would like be placed on the Finance Committee's August agenda for grant appropriations for the Department of Public Safety Communications. The grant, from the Virginia E -911 Wireless Education Program, is in the amount of $2,000 for training and education. We are asking that the funds be accepted into FY 13 -14 line item: 3506 -5506- 000 -000 from Revenue line item: 3- 010 - 024040 -0042 (10DB). 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V} Vll Vll V} a Q Q a � � a v N L CL O Y `0 N 0J O C V N Y L N O1 V) O A N 0 'O d N }' f9 O E N m CL v f9 0J f9 O - O X O C V E 0 O_ :3 OD 'O O E R tD L N 0N7 , c Y O OD f0 C O1 i 6 7 C 'O a O_ a 7 a d m m f9 U L u L u a L U L U L V 1 V O U U O ry w .— LL LL 7 LL fb LL d LL M M O V I� Ln 00 N N N N N co 01 Q1 n 01 l0 l0 O M I, N V Ln to M N Ln V N I� n Lfl N l70 M M V COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 5 North Kent Street, Winchester, VA 22601 LeeAnna Pyles Director TO: Finance Committee FROM: LeeAnna Pyles, Director 1�1 Public Safety Communications DATE: July 17, 2013 REF: August Committee Agenda I would like be placed on the Finance Committee's Consent Agenda for the August meeting for grant appropriations for the Department of Public Safety Communications. A grant in the amount of $ 150,000, from the Virginia Wireless E -911 Service Board, will be used to purchase a new updated 9 -1 -1 phone system from Carousel. The cost of the entire project is $310,788.10 - $150,000 grant, $50,000 carry forward and the remainder of the cost to be paid in monthly payments over the next 5 years. We should not incur any transfers to this line item for future payments. If you have any questions please call me at your convenience. ., COMMONWEALTH of VIRGINIA Commonwealth Enterprise Solutions Center — 1 17 1 Meadowville Lane — Chester, Virginia 23836 (866) 482 -3911 — FAX (804) 416 -6353 ` QY USERS TDD 9711— www.va9l Lorg Virginia E -911 Services Board Dorothy Spears -Dean PSC Coordinator (804) 416 -6201 March 1, 2013 Terry D. Mayo Michael M. Cline Board Administrative Chairman Assistant VDEM Ms. LeeAnna Pyles (804) 416 -6197 Frederick ECC John W. Knapp, Jr. pp Vice-Chairman 5 North Kent Street Verizon Winchester, VA 22601 David A. Von Moll Treasurer Dear Ms. Pyles: Comptroller Linda W. Cage This letter is in reference to your grant application for consideration under the Mecklenburg County FY14 PSAP Grant Program for CPE, Grant ID 133. I am pleased to advise you that the Virginia E -911 Services Board has approved your request. You have J.D. Diggs York county been awarded $150,000. This award does not require a match of local funds. Danny Garrison Richmond Ambulance Funding or this rant d will be for d d beginning Jul 1 g grant e available raw own g g y Authority 2013. The PSAP Grant Program has a grant cash disbursement policy of reimbursement. All funding requests must be submitted on the Public Safety Tracy Hanger City of Hampton Grant Draw Down Request Form which is available on the ISP website. ,The q invoice(s) that substantiates the amount requested must be attached to the request Lt. Colonel Robert r form when submitted for funding payment. Virginia State Poolice live Robert Layman An annual Financial and Programmatic Report will be required for this grant AT&T award until the project is complete. Upon project completion, you will need to Chief Ron Mastin close out the grant award with a final Financial and Programmatic Report. Fairfax County Chief Doug Middleton Finally, in order for a funding request to be processed, the PSAP must have Henrico County already submitted any required financial and grant progress reports for any previous fiscal years by the identified deadline, unless an exception has been Sam Nixon VITA granted by the PSC Coordinator. This includes required submission of any true - ups and supporting documentation. Pat B. Shumate Roanoke County If you have any questions, please do not hesitate to contact your Regional Mickey Sims Coordinator or me via email. Bugs Island Telephone Denise B. Smith Congratulations on your grant award! Charles City County Sincerely, Lisa Nicholson Public Safety Program Manager Commonwealth Enterprise Solutions Center — 1 17 1 Meadowville Lane — Chester, Virginia 23836 (866) 482 -3911 — FAX (804) 416 -6353 ` QY USERS TDD 9711— www.va9l Lorg COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 5 North Kent Street, Winchester, VA 22601 LeeAnna Pyles Director TO: Finance Committee FROM: LeeAnna Pyles, Director�� Public Safety Communications�' DATE: July 17, 2013 REF: August Committee Agenda I would like be placed on the Finance Committee's August agenda for a carry- forward request for the Department of Public Safety Communications. These funds will be used along with a $150,000 grant for down payment for a new upgraded 9 -1 -1 phone system. The entire cost is $310 000. Please forward $50,000 from FY12 -13 line item 3506 -5204- 000 -000 to FY 13 -14 line item 3506 -000 -000. $bb3 If you have any questions please call me at your convenience. W qc ,,�;�>Ca I N D U S T R I E S - Proposal For: Frederick Co E911 Solution Proposed Vesta 4.X with Aurora MIS (Hampton Contract 12. Date: June 14, 2013 Single Site Summary Design Assmptions- migrates VESTA platform to 4.0 NG9 -1 -1 system with following. Redundant Data & Media Servers (2 each, DL380 1GS) in Configured 19" Rack Upgrades 6 Positions VESTA 4.0 w /New HP Z220, Monitor, Keypad, KVM, SAM, IRR 2 AudioCodes Mediant 1000 Gateways, w/3 FXS & 6 FXO mods for Trunking, T1 Dual Cisco 2960 LAN switches & dual Fortinet FG-40C firewalls, dedicated network Standard 2.1 MIS w /HP ML350 Server & 6 Collection licenses ( Includes Critical Spares Crash Kit for Gateway & LAN components Provides Carousel Onsite Support for 1 Yr Cassidian Software Support for 5 Yr & HP Extended Warranty for 5 Yr is valid for 90 days CO $310,788.10 Total Solution: $310,788.10 All new products are guaranteed to be as specified by the manufacturer's documentation, and are provided with the manufacturer's standard Product warranty. All refurbished components are covered by a Carousel direct warranty. Customer is responsible for any electrical service, environmental conditions and cable work needed to support the quoted Products, unless otherwise specified on the Quote. Any changes to the above Products and /or Scope of Work will require the written authorization of both Carousel and the Customer. Pricing does not include taxes and freight charges, and as applicable, these costs will be added to the invoice. All work is done subject to the terms and conditions of Carousel's Master Sales Agreement (available at http : / /www.carouselindustries.com /services /master- sales - agreements/ ), unless Carousel and the Customer have previously agreed to otherwise in writing. By signing below, Customer makes an offer to purchase the Products and /or Services above from Carousel. Carousel's acceptance of this offer to purchase shall be evidenced by the conversion of the Quote into a Carousel Service Order, and the return of the Service Order number to the Customer. IW Tine: DaW Pa4 1 of 5 4 Carrousel M N D U S T R I E S. CAPITAL FINANCE Proposal Prepared for: Frederick County VA August 12, 2013 The following payments are based on a total of $310,788.10 with $190,000.00 first payment. Subsequent payments are $60,394.05 for the 3 year term, and $30,197.03 for the 5 year term. Finance Options: $ Out Lease Municpal Tax Exempt Term Monthly Payment Year 1: $190,000.00 2 to 3: $60,394.05 2 to 5: $30,197.03 Cash Purchase: 50% due upon quote signing and 50% due 30 days after system acceptance. Finance Option: No money due in advance. Key Advantages of Sales Financing Companies benefit from the use of technology and not the ownership — and transferring the risk onto the lessor allows the customer to focus on their productivity and business needs • Addresses budget needs, cash flow patterns and streams of income • Improves cash position • Turn -key solution • Interest and depreciation expense ** Payment quotes valid for 30 days. Payments are valid for 90 days from approval date and subject to change therez thereafteer. ** Any questions related to Carousel Capital Finance can be directed to: David White 678 - 892 -3728 or dwhite @carouselindustries.com About Carousel Capital Finance: A business unit within Carousel Industries focused on securing financing for customers that are investing in Carousel's solution portfolio / value proposition. We are structured to provide customers a consultancy approach that not only focuses on our strength and value proposition on "What and Why to Buy the solution ", but also "How to Buy the Solution ". We have a number of financial firms and options to offer customers in the form of traditional finance, loan and lease products, but also can use our financial network to structure deals that allow customers to achieve their strategic objectives around areas such as Managed Services, Outsourcing and Hosted initiatives. Terms: Payments calculated are approximate; do not include taxes, fees, or insurance and are subject to change without notification. Any proposed transaction is subject to credit and documentation approval. This pricing tool is for information purposes only and does not constitute a commitment to provide financing. The equipment to be financed by this proposed transaction must be used for business purposes only. 1.95.03.00.0135 I Sharon Kibler From: Leeanna Pyles Sent: Wednesday, August 21, 2013 11:07 AM To: Sharon Kibler Subject: RE: Frederick County Attachments: image001jpg It is quoted weird on the form. The $30,197 is a year, about 2500 a month which adds up to 120,788 plus the $200,000 downpayment. From: Sharon Kibler Sent: Wednesday, August 21, 2013 10:59 AM To: Leeanna Pyles Cc: Cheryl Shiffler Subject: RE: Frederick County LeeAn na, I was just looking at this quote more ... doesn't add up. Says that monthly payments are $30,197.03 for the 5 year lease (for years 2 -5)... that is 48 months x $30197.03 = $1,449,457.44... plus the $190K for year 1... that's $1.6 million total. Doesn't look like 0% interest. I think that they have their wording mixed up.. or at least I hope so O It's also confusing that they have the $190K for year 1 under the heading of "monthly payment ". Sharon Kibler County of Frederick, VA Finance Department 540 - 722 -8286 From: Leeanna Pyles Sent: Wednesday, August 21, 2013 10:35 AM To: Sharon Kibler Subject: FW: Frederick County Sharon this is different from the one that was submitted for the finance committee. It will be 0% and lower payments. Thanks, LeeAnna From: Heilman, Daniel [ mailto: DHeilman (a)carouselindustries.com Sent: Monday, August 12, 2013 4:21 PM To: Leeanna Pyles Subject: Frederick County Leeanna: Please use the attached. This is a 0% rate for public safety. Call with questions. 1 49 Sharon Kibler From: Leeanna Pyles Sent: Thursday, August 22, 2013 10:26 AM To: Cheryl Shiffler; Sharon Kibler Cc: John Riley Subject: FW: Vesta Upgrade- Frederick County Attachments: PL Muni App & EU Form.pdf, image001jpg They cannot get me final financial documents until they have the application signed. But this is what he sent me. Of course the initial down - payment is $200,000.00 if it carry forward is approved. If I can do anything else please let me know. LeeAnna From: Heilman, Daniel [ mailto: DHeilman @carouselindustries.com] Sent: Thursday, August 22, 2013 9:51 AM To: Leeanna Pyles Subject: Vesta Upgrade- Frederick County Leeanna: In response to your questions, this is 0% Tax Exempt financing. It is based upon annual payments over a 3 or 5 year term with first year being your initial down payment of $190,000. If you choose not to use this and purchase outright, it has no bearing on the overall costs as the costs are fixed based upon the Hampton 911 Public Procurement Contract 12 -82E. This was an approved program from our public safety practice for localities using the contract vehicle. If you can have the attached completed and confirm whether 3 or 5 years, I can have the documents sent over for review. Daniel Heilman, Strategic Accounts - Enterprise and SLE /Public Safety Carousel Industries, Inc. 757 - 930 -8686 ph 757 - 377 -0066 cell dheilman @carouselindustries.com 9 Carousel Notice: This email and any attachments are solely for the use of the intended recipient(s) and may contain information that is confidential and prohibited from disclosure. If you have received this email in error, please notify the sender immediately and delete this email. Unless expressly stated in the body of the email, this email is not intended to form a binding contract and complies with our terms and conditions of business. Any unauthorized form of reproduction, disclosure, modification, distribution and /or publication of Carousel Industries email is strictly prohibited. 1 50 Frederick County Board of Supervisor's Finance /Audit Committee Charter I. Organization There shall be a committee of the Board of Supervisors ( "Board ") of Frederick County, Virginia ( "County ") known as the Finance Committee ( "Committee "). The Committee shall be comprised of four (4) members of the Board of Supervisors who will be appointed by the Chairman of the Board, with one appointed as Chair, three (3) citizen members as appointed by the Chairman of the Board, and two (2) non - voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies, procurement policy, financial planning, risk management, debt issuance, budget development and other fiscal related issues. II. Purpose The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscal /procurement policies and the review and recommendation for matters of a financial nature coming forward to the Board including, but not limited to, supplemental appropriations, transfers and contracts. The Committee's primary duties and responsibilities are as follows: • To provide to the Board means for determining the manner in which policies, programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and/or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County's annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings and Quorum The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board, the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Director(s) with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors, the Chair may excuse any non - Committee members from attendance at any meeting or portion of any meeting. A majority of the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee. 51 IV. Responsibilities The Committee shall have the following duties and responsibilities: A. Finance 1. Review and advise the Board and senior management of the County with respect to finance initiatives, policies and procedures, including activities relating to procurement. 2. Provide direction during the preparation of the annual budget. Review the County Administrator's final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees. 3. Review and advise the Board on supplemental appropriation requests, transfers and change orders as dictated by policy. plans. 4. Review the budgetary and financial implications of management's tactical and strategic 5. Review periodic or interim budget,and/or financial statements to ensure the County is operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources. B. Audit 1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter. 4. Manage the County's internal audit function including review and approval of the internal annual audit work plan, reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan. C. Other Duties Related to Review, Reports and Improvement Procedures 1. Review and reassess annually the adequacy of this Charter, and conduct an annual self - assessment of this Committee's performance. 2. Report all meetings of the Committee to the Board on the matters discussed at each Committee meeting, as appropriate. 52 3. Perform any other activities consistent with this Charter, the County's goals, objectives and governing law, as the Committee or the Board deems necessary or appropriate. Adopted by Board of Supervisors 1/25/2012 53 JOINT BOARD OF SUPERVISORS /FINANCE COMMITTEE OUTSIDE AGENCY PRESENTATION MEETING AUGUST 22, 2013 s 9:15 A.M. BOARD OF SUPERVISORS ROOM AGENDA I. ORDER OF PRESENTATIONS, p. 1 1. Shenandoah Area Agency on Aging— 9:15 2. Shenandoah Apple Blossom Festival — 9 :30 3. Lord Fairfax EMS Council — 9:45 4. Youth Development Center —10:00 5. Access Independence —10:15 6. The Laurel Center —10:30 7. CLEAN, Inc. —11:00 8. NW Works —12:30 9. Blue Ridge Legal Services —12:45 10.Youth Football Program —1:00 11.Shenandoah Valley Discovery Museum —1 :15 12.Our Health, Inc. —1:30 13.Northern Va. 4 -H Center —1:45 II. Memorandums attached from those departments that utilize or have interactions with these listed outside agencies, p. 2 -9. III. Other relevant information from several outside agencies, p. 10 -14. 54 c E E F- O a a u C cu cu a � 'a +� N C ' V O O E N Q Q Ln Ln H Ln 0 �t 0 0 O LO o O 0 0 v Z O M ei O M +' aL bp m O y y 6 W W N O O Ln [V rn O ri 01 O) '' O O O W a 4A c4 14 14 W C: C U C M C 3 Z IiJ O O a� bD Y 0 O f6 � a a L cB = t W � a o a p t 3 Z CO } Vn O 0 Z L ro m CA a -Up' a m Z L aL W � = F O W W a O � o O Ln r-I ti 7 O C 10 z ro O Ln O Ln o o -, m;t Ln H Ln 0 �t 0 0 O LO o O 0 0 v N 3 ro O m. O O O O -4 -, O rn O ri 01 O) '' O O O 1:4 N N ;4 c4 14 14 in in o o �n n o ,=1 N O LO � 0 0 � m in Y Ln el} yl'l Ln m m ao m -1 N N r-I Lfl � 14 ; N .4 An O Ln O O Ln m O m rn 0q rn v O Ln "} Lr o m Lo rni , i -Z O' Lo VPl r-I N -i i/} rl to to -L } 'L } e1} LO - O C 0 0 0 0 0 N O X 0 0 0 0 0 6Ui'&O N 00 O Ill O VIL -A m H v? In H r-I th eh eh ih eh t1} ,-I N m � Ln �,o n n o 0 a m LM N m m C) m N iJ} iJ} r-I N ih ih ih N O L4 O O O O I �rl0000 M Ln Ln Ln In Ln I N N to i!} N N y/? M M O M N r N a W GC CO O Q1 E c v u 3 ro LU Lv U 0 � O D u Ln LL cr _ ai as W C: C U C M C 3 IiJ O O a� bD Y 0 O f6 z d a L cB = t a p t 3 Z CO } Vn O 0 Z L ro m r-I r-I r-I a -Up' a m L aL O O O O O Ln r-I ti 7 C 10 z ro Q at LL C. E O E L ro V ? O = C U C C 'ji U O C ,+%' b Hi a L ro u aI LJ c c a1 a N E -a ai ai Q Q C d w C C ".1 O X a1 n U CU U m m M 7 d G ro ro U H J J Z s t O O u t L J Ln Ln J. >- Q u ,-I N m � Ln �,o n n o 0 a m LM N m m C) m N iJ} iJ} r-I N ih ih ih N O L4 O O O O I �rl0000 M Ln Ln Ln In Ln I N N to i!} N N y/? M M O M N r N a W GC CO O Q1 E c v u 3 ro O � � U 0 � O u Ln LL m _ ai as ro (B U C U C M C LO N O O a� bD Y 0 O f6 d a L cB = t a p t 3 Z CO } Vn O 0 Z 00 am 0 r-I N m r-I r-I r-I r-I -Up' ®nwe . er ®f fir � . C,® a COUNTY OF FREDERICK ROSS P. SPICER Commonwealth's Attorney NICHOLAS L. MANTHOS Assistant Commonwealth's Attorney ANDREW M. ROBBINS Assistant Commonwealth's Attorney DENNIS J. MCLOUGHLIN, JR. Assistant Commonwealth's Attorney OFFICE OF THE COMMONWEALTH'S ATTORNEY 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (540) 665 -6383 FAX (540) 667 -3454 July 30, 2013 John R. Riley, Jr. County Administrator 107 N. Kent Street Winchester, VA 22601 Dear John: Ze 7-31 - Fo L 1 FAHNDA HASHISH Assistant Commonwealth's Attorney MARIE E. ACOSTA Assistant Commonwealth's Attorney ERIC W. HEFLIN Investigator MELISSA D. RICE Victim/Witness Director --- 665 -6369 30 31 acs DECEIVED JUL 2013 ' c� Frederick Cctlrsly Adrrlinin - at r :c c" Pursuant to your recent request, please find below a short narrative regarding each of the three outside agencies listed on a document entitled "Outside Agency Meeting Presentations," that the Office of the Commonwealth's Attorney utilized over the past year in its day -to -day operations. The Laurel Center Melissa Rice, the Frederick County Victim/Witness Coordinator, reports that over the past year, her office has referred 182 women to the Center. The Laurel Center is often the first referral the Victim/Witness Office makes to men and women who are victims of domestic violence. Because the Commonwealth's Attorney's Office is not involved in the seeking and obtaining of protective orders, the Victim Witness Program refers all petitioners for protective orders to the Laurel Center for support and direction through the court process. Without this service it is likely that many people would simply forego obtaining a protective order, which is often the first step in a victim's efforts to remove him or herself from an abusive relationship. The Victim Witness Program also refers child sexual assault victims to the Laurel Center to participate in the Youth Counseling Sessions, involving one on one or group meetings with counselors to help these individuals come to terms with traumatic and potentially scarring experiences that these children have suffered CLEAN, Inc. While the Commonwealth's Attorney's Office does not have direct dealings with Clean, Inc., the Juvenile and Domestic Relations District Court frequently refers offenders to that entity. a 56 John R. Riley, Jr. July 30, 2013 Page 2 The agency's self - described mission is to provide programs and services devoted to reducing the demand for and availability of alcohol, tobacco and other drugs, and other adolescent problem behaviors of violence, delinquency, teen pregnancy, school dropout, and supporting healthy activities and programs for families and children. Shenandoah Area Agency on A On one occasion last year the Office of the Commonwealth's Attorney used SAAA to transport an elderly victim from a nursing home to the courthouse, saving the office a substantial amount of money that would have been required if the office was required to bear the expense. I hope that the information contained herein is responsive to your request. Please do not hesitate to contact me if you have any questions or concerns. Respectfully, 4 55' J�Va P. Spicer Commonwealth's Attorney RPSIrs --�) 57 Frederick County, VA Voter Registration Department 07/22/2013 Involvement with Outside Agencies The only outside agency that our department comes in contact with is Access Independence, Inc., which usually is working in conjunction with the Virginia Office for Protection and Advocacy, an agency of the Commonwealth of Virginia. VOPA's mission is to protect and advance rights of persons with disabilities, prevent discrimination and promote independence by persons with disabilities. Among Access Independence Inc. goals are to have a barrier -free community for all individuals. Access independence Inc. has in the past inspected Frederick County, VA precinct polling places to be sure all facets of the buildings and rooms involved with voting are in compliance with the Americans with Disability Act (ADA). This has been done on different election days. Access has sent to our department, their findings on each polling place and any deficiencies they find. Our department has worked with the maintenance departments of the buildings involved to correct the deficiencies noted and have sent these lists of corrections, the work involved, the costs and the dates the work was completed to the Frederick County government administration and the State Board of Elections. $� f DATE: July 18, 2013 UNTY of FREDERICK Inspections Departmcnt John S. Trenary, Building Official 5401665 -5650 Fax 540/678- TO. Harvey E. Strawsynder, Jr., P.E_ Director of Publ' Works FROM: John S. Trenary, Building Code Official F SUBJECT: Access Independence Services Utilized By Inspection Department The Frederick County (inspection Department utilizes the services of Access Independence, Inc, for consulting on building code related issues pertaining to the American with Disabilities Act (ADA). We also utilize the services of John DeHaven for site evaluations of accessible route issues on new and existing structures when a building code modification request occur. Listed below are several of the projects recently evaluated with the assistance of Access Independence; - National Lutheran Homes, located at 400 Clocktower Ridge Drive - Shady Elm Flextech, LLC, located at 131 Frogale Court - Med Express., located at 207 Gateway Drive - McKesson, located at 4027 Martinsburg Pike If you have any questions or need additional information please contact me. 107 North Kent Street - Winchester, Virginia 22601 59 Jennifer Place From: John Riley Sent: Thursday, July 18, 2013 2:38 PM To: Tamara Green Cc: Jennifer Place Subject: Re: Service Use Thank you very much for your input.John Sent from my iPhone On Jul 18, 2013, at 1:57 PM, "Green, Tamara \(VDSS\)" < Tamara.Green @dss.virginia.gov wrote: John, Here is the information you requested at the Department Head meeting , if you need anything else please let me know. Access Independence: We often refer clients who are visually impaired to them for assistance in purchasing equipment. We also refer client's to them who need to have ramps built on their homes to make their homes wheelchair accessible. NW Works: We currently aren't referring new client's to NW Works unless the client has a waiver because NW Works does not currently have sufficient funds to accept new clients. We do; however, have a large number of clients with intellectual disabilities who go thereto participate in the day program. Shenandoah Area Agency on Aging: We frequently refer clients to the meals on wheels program. We also refer our clients for chore and homemaker services through SAAA; however, there is a large waiting list for this program. Funding cuts would further increase the wait list. We also utilize the Ombudsman Program through SAAA when we have APS investigations on assisted living facilities and nursing homes. They also provide information and referral assistance for our clients and have had with some tangible goods in the past such as air conditioners. They also run the VICAP (Virginia Insurance and Counseling Assistance Program). Blue Ridge Legal Aide: In CPS we often refer clients to Blue Ridge when they are asking legal questions outside of the scope of a child protective services issue. Adult Services makes referrals to Blue Ridge Legal Aid for Guardianship proceedings; however, there is a significant waiting list for legal assistance. The Laurel Center: Laurel Center staff members often serve as support staff for some of our clients during court proceedings or while a child is being interviewed at the Child Advocacy Center. We frequently refer women with children who have been involved in a domestic violence relationship to the Laurel Center either for shelter services or counseling and supportive services. The Laurel Center also frequently runs groups for youth about healthy relationships and personal safety. We frequently refer clients into these programs as they become available. CLEAN, Inc.: We often refer parents who have concerns that their child may be involved in. CLEAN also conducts substance abuse assessments for some of our youth. We also utilize some of their preventative services such as anger management, violence prevention, alcohol and drug education. i1 Because, I was out of town and my assistant attended the meeting, please let me know if I met your request. Thank you -7 61 COUNTY of FREDERICK a n . Parks and Recreation Department 540 -665 -5678 FAX: 540 -065 -9687 l R' www.fcprd.nct c- niail: fcprd0!co.frcdcrick.va.us s cj MEMO To: John R. Riley, Jr., County Adm'nis tar From: Jason L. Robertson, Director Subject: Winchester- Frederick Count uth Football /Youth Development Center Date: July 31, 2013 Winchester Frederick County Youth Football (WFCYF) has been providing tackle football to Frederick County youth for over forty -five years. Frederick County's annual donation helps WFCYF provide an affordable football program for Frederick County youth. Frederick County Parks and Recreation (FCPRD) staff estimate Frederick County would need to purchase $ 70,000 of initial equipment to begin offering tackle football. Six other youth sports organizations receive support from Frederick County. These organizations do not receive a cash donation, but support in facility space, publicity, and criminal background checks through the FCPRD Cosponsor Policy. WFCYF appears to meet the eligibility requirements and, if approved, would receive an estimated $ 5,508 in field space and criminal background checks based on the 216 Frederick County youth who participated in 2012. 1 would recommend Frederick County continue its annual contribution budgeted in fiscal 2014 but have WFCYF apply for cosponsor status with FCPRD this fall for fiscal 2015 as the other sport organizations serving Frederick County youth currently do. The Youth Development Center (YDC) has been providing recreational programs for teens since 1990. The YDC focuses its efforts on drop -in programs for middle and high school aged children. YDC's programming focus has allowed FCPRD to program other areas for our community. There was very little duplication this summer between YDC and FCPRD programs. This is achieved with little or no coordination between the agencies. I would recommend a semi - annual review of YDC programs by FCPRD to avoid duplication of services if Frederick County continues providing annual support to the YDC. This would minimize duplication and maximize the recreation programs offered to Frederick County residents. 107 North Kent Street Winchester, VA 22601 — Jennifer Place From: Sent: To: Subject: For the OA session.John John Riley Thursday, July 18, 2013 1:22 PM Jennifer Place FW: Outside agency list. From: James Whitley Sent: Thursday, July 18, 2013 1:03 PM To: John Riley Subject: Outside agency list. John In checking with my staff, we utilize the following groups with some or limited frequency. Mostly probation and work release. Let me know if you need more. 44 Youth Development Center is a Community Service Worksite for probationers. #5 Access Independence is a Community Service Worksite for probationers. #6 The Laurel Center — we refer clients who may be victims of Domestic Violence. #7 CLEAN, Inc. — refer clients very infrequently ( ?) 48 NW Works — we fer clients who are appropriate — disabled and need supervised employment. James F. Whitley Superintendent NRADC 141 Ft. Collier Rd., Winchester, Va. 22601 540 -535 -3822 0 whitley@co.#rederick.va. us Jennifer Place From: John Riley Sent: Thursday, May 16, 2013 3:56 PM To: Jennifer Place Subject: Fwd: Washington Ear FYI and Finance Committe Sent from my iPhone Begin forwarded message: From: "Trish Ridgeway" < tridgewaV @handleVreRional.org Date: May 16, 2013, 3:40:50 PM EDT To: "'John Riley "' < )riley @co.frederick.va.us Subject: RE: Washington Ear I have talked to a couple service managers. They do not refer people to Washington Ear. The husband of Donna Hughes, our children's librarian, is totally blind. He does not use it; instead, he uses a computer program for news. Older people may be more comfortable with a phone service, but he is very computer savvy. Trish Ridgeway, Director Email: tridgewavna.handlevreLxional.orq (540) 662 -9041 ext. 14 cell (540) 336 -1593 fax (540) 662 -9053 Handley Regional Library A Public Library Serving Winchester, Frederick County, & Clarke County Celebrating 100 Years of Serving the Public 1913 -2013 100 W. Piccadilly St. P.O. Box 58 Winchester, VA 22604 www.handleyregional. oEg From: John Riley [ mailto :jrilgy@co.frederick.va.us] Sent: Thursday, May 16, 2013 1:45 PM To: Trish Ridgeway Subject: Re: Washington Ear Can you find out ?Johm Sent from my iPhone On May 16, 2013, at 1:42 PM, "Trish Ridgeway" <trid ewa handle re ional.or > wrote: i A No, we used to refer individuals to them, but I don't know if our staff still does. Trish Ridgeway, Director Email: tridyeway2handleyregional.org (540) 662 -9041 ext. 14 cell (540) 336 -1593 fax (540) 662 -9053 Handley Regional Library A Public Library Serving Winchester, Frederick County, & Clarke County Celebrating 100 Years of Serving the Public 1913 -2013 100 W. Piccadilly St. F.O. Box 58 Winchester, VA 22604 www. handleyregional. org From: John Riley [ mailto:jrilg) �oo.frederick.va.us Sent: Thursday, May 16, 2013 1:31 PM To; Trish Ridgeway Subject: Washington Ear We have funded these folks for years at around 300$ a year;Do you use them to assist the hearing impaired in the Library?John 165 Jennifer Place From: Gromling, Sharen [sgromlin @valleyhealthlink.com] Sent: Thursday, May 30, 2013 11:51 AM To: Jennifer Place Subject: RE: Occupants - Our Health Hi Jennifer — I apologize for just getting to this email. Since the Board meeting I have been dealing with a family illness in Richmond and been out of the office a good deal. I hope that it is ok for me to answer the below questions in an email. If you would prefer a report, just let me know. Thank you. Lease holders in the Our Health. complex: 301 N. Cameron Street ($hockey Building) — Free Medical Clinic, NSV, Healthy Families, NSV, Literacy Volunteer - Winchester Area, Concern Hotline, Dental Clinic, NSV and Shenandoah Valley Community Residences — (a subsidized rent is paid to Our Health - these partners in 301 and 329 N. Cameron Street are charged $8.35 per sq. ft. inclusive of utilities however it costs Our Health $10.41 per sq. ft. to operate the space. Our Health subsidizes the rent approximately 20 %. A portion of the donations received from the grant from Frederick County and others are used to make up the difference between the subsidized rent and what we actually collect from our partners. We estimate that comparable space would rent for $12.50 inclusive. *) 329 N. Cameron Street — United Way — (a subsidized rent is paid to Our Health - * see brackets above for information regarding the rent) 411 N. Cameron Street and Baker Lane — (these agencies are a part of the Our Health campus however, the Snapp Foundry Building is owned by North Cameron Properties and rent is made payable to NCP — Our Health Community Enterprises is a 25°x6 partner in NCP) The agencies in this property are Lord Fairfax Health Department, Winchester Department of Social Services, City of Winchester Housing Choice Voucher Program, Wall Residences, Inc., Child Safe Center and Clarke- Frederick - Winchester Foster Care. Please let me know if you need any additional information from me on this matter. Thank you. u Executive Director - Our Health, Inc. 329 N. Cameron Street, Suite 200 Winchester, VA 22601 Phone: 540 - 536 -1601 Fax: 540- 536 -0192 www.ourhealthva.or www.facebook.com /ohwinchester Winner of the Top of Virginia Chamber of Commerce 2011 Regional Greater Good Award for Small Business From: Jennifer Place [mailto:' lace co.frederick.va.us] Sent: Thursday, May 23, 2013 9:13 AM To: Gromling, Sharen Subject: Occupants - Our Health Good Morning Ms. Gromling: At the Board of Supervisors meeting last night, the question shown below came up from one of our Board members: Could you please provide a list of lease holders /occupants in the Our Health complex? You can send this information to me and I will forward to the Board. Thank you very much! j qean�&a Jennifer L. Place County of Frederick 107 North Kent Street Winchester, VA 22601 (540) 722 -8285 Jennifer Place From: John Riley Sent: Wednesday, August 14, 2013 11:26 AM To: Jennifer Place Subject: FW: Our Health funding Can we put this in the file for outside agency day ?Thanks John From: Kris Tierney Sent: Wednesday, August 14, 2013 10:58 AM To: John Riley Subject: Our Health funding John FYI — below is an excerpt from an update I received as a Board member of Our Health. 1. The meeting to defend our budget request with the Frederick County Board of Supervisors is scheduled for August22' We are hopeful that the presentation will change some minds and that the $20,000+ request we will funded. Our thanks are extended to the City of Winchester for their continued support of Our Health. We received their $20,188 check earlier this week. Thanks to Clarke County who has also agreed to continue their support of $4,875 for 2014 -15 fiscal year. Kris Kris C. Tierney Assistant County Administrator Frederick County, Virginia FY13 JUNE BUDGET TRANSFERS PAGE DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/10/2013 COUNTY OFFICE BUILDINGS /COURTHOUSE GENERATOR REPAIR AT PSB 4304 3010 000 005 (455.00) COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3004 000 005 455.00 6/10/2013 PARKS AND RECREATION ADMINISTRATION FUNDS FOR CAPITAL PURCHASES 7101 5401 000 000 6,000.00 PARKS MAINTENANCE 7103 5412 000 000 8,562.00 CLEARBROOK PARK 7109 5413 000 000 6,600.00 TRANSFERS /CONTINGENCY 9301 5890 000 000 (21,162.00) 6/11/2013 ICOUNTYATTORNEY COURT FILING FEES 1202 30021 0001 000 (42.00) COUNTYATTORNEY 1202 5413 000 000 42.00 6/11/2013 REFUSE COLLECTION GAINESBORO CONVENIENCE CENTER 4203 3004 000 001 (3,000.00) REFUSE COLLECTION 4203 3004 000 002 (4,000.00) REFUSE COLLECTION 4203 3004 000 000 (9,000.00) REFUSE COLLECTION 4203 3006 000 000 (1,000.00) REFUSE COLLECTION 4203 3010 000 000 (89,400.00) REFUSE COLLECTION 4203 4003 000 002 (5,000.00) REFUSE COLLECTION 4203 5101 000 000 (3,800.00) REFUSE COLLECTION 4203 5204 000 000 (2,000.00) REFUSE COLLECTION 4203 5401 000 000 (1,200.00) REFUSE COLLECTION 4203 5405 000 000 (1,000.00) REFUSE COLLECTION 4203 5407 000 000 (10,000.00) REFUSE COLLECTION 4203 5408 000 002 (6,000.00) REFUSE COLLECTION 4203 5412 000 000 (2,000.00) REFUSE COLLECTION 4203 5413 000 000 (500.00) REFUSE COLLECTION 4203 5506 000 000 (600.00) REFUSE COLLECTION 4203 8006 000 000 (1,500.00) REFUSE COLLECTION 4203 9001 000 000 (4,000.00) REFUSE COLLECTION 4203 8900 000 000 144,000.00 6/11/2013 INSPECTIONS VEHICLE REPLACEMENT 3401 8005 000 000 23,000.00 TRANSFERS /CONTINGENCY 9301 5890 000 000 (23,000.00) 6/11/2013 FIRE &RESCUE TRANSFER FUNDS FOR F &R CAPITAL 3505 8005 000 000 100,000.00 FIRE &RESCUE 3505 5413 000 000 66,000.00 TRANSFERS /CONTINGENCY 9301 5890 000 000 (166,000.00) 6/11/2013 ANIMAL SHELTER CAT CAGES 4305 3001 000 000 (1,000.00) ANIMAL SHELTER CAT CAGES 4305 3002 000 000 (2,000.00) ANIMAL SHELTER CATCAGES 4305 3004 000 003 (1,000.00) ANIMAL SHELTER CAT CAGES 4305 3010 000 000 (1,000.00) ANIMAL SHELTER CATCAGES 4305 5101 000 000 (4,000.00) ANIMAL SHELTER CAT CAGES 4305 5102 000 000 (6,000.00) ANIMAL SHELTER CATCAGES 4305 5103 000 000 (1,000.00) ANIMAL SHELTER CAT CAGES 4305 5204 000 000 (1,000.00) ANIMAL SHELTER CATCAGES 4305 5401 000 000 (1,000.00) ANIMAL SHELTER CAT CAGES 4305 5413 000 000 18,000.00 6/12/2013 CLEARBROOK PARK COST OF EXTRA HELP 7109 1003 000 000 868.25 SHERANDO PARK 7110 1003 000 000 (868.25) 6/12/2013 CLEARBROOK PARK COST OF UNIFORM BUYOUT 7109 5407 000 000 (1,868.23) CLEARBROOK PARK 7109 5410 000 000 1,868.23 6/12/2013 SHERANDO PARK JANITORIAL SUPPLIES 7110 5407 000 000 (52.89) SHERANDO PARK 7110 5415 000 000 52.89 6/12/2013 PARKS MAINTENANCE LIFEGUARD TRAINING 7103 5401 000 000 (493.85) PARKS MAINTENANCE 7103 5506 000 000 493.85 6/12/2013 CLEARBROOK PARK POOL SUPPLIES 7109 5407 000 000 (1,028.56) CLEARBROOK PARK 7109 5413 000 000 1,028.56 6/12/2013 SHERANDO PARK SOCCER NETS 7110 5407 000 000 (252.40) SHERANDO PARK 7110 5412 0001 0001 252.40 6/12/2013 ISHERANDO PARK COST OF UNIFORM BUYOUT 7110 5407 000 000 (1,134.43) SHERANDO PARK 7110 5410 000 000 1,134.43 6/13/2013 RECREATION CENTERS AND PLAYGROUNDS EXTRA HELP AT CLEARBROOK 7104 1003 000 000 (4,298.00) CLEARBROOK PARK 7109 1003 000 000 4,298.00 6/13/2013 PARKS MAINTENANCE POOL AND COMMUNITY CENTER STAFF COST 71031003 000 000 11,306.14 RECREATION CENTERS AND PLAYGROUNDS 7104 1003 000 000 (11,306.14) 6/13/2013 PUBLIC SAFETY COMMUNICATIONS PURCHASE CHAIRS 3506 52041 0001 000 (1,000.00) PUBLIC SAFETY COMMUNICATIONS 35065413 000 000 1,000.00 6/13/2013 CLEARBROOK PARK SECURITY AT CLEARBROOK PARK 7109 1003 000 002 1,195.94 SHERANDO PARK 7110 1003 000 000 (1,195.94) 6/13/2013 SHERANDO PARK SECURITY AT SHERANDO PARK 71101003 000 000 (789.15) SHERANDO PARK 7110 1003 000 002 789.15 6/13/2013 RECREATION CENTERS AND PLAYGROUNDS COST OF SECURITY 7104 1003 000 000 (278.69) CLEARBROOK PARK 1 7109 10031 0001 0021 278.69 6/17/2013 ICOUNTY OFFICE BUILDINGS /COURTHOUSE EMERGENCY GENERATOR AT CAB 1 4304 54001 0001 000 (5,000.00) COUNTY OFFICE BUILDINGS /COURTHOUSE 1 4304 80011 0001 0001 5,000.00 • FY13 JUNE BUDGET TRANSFERS PAGE DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/17/2013 MANAGEMENT INFORMATION SYSTEMS RECLASSIFY BUDGETED MONEY 1222 8007 000 000 (12,359.00) MANAGEMENT INFORMATION SYSTEMS 1222 5413 000 000 12,359.00 6/17/2013 REASSESSMENT /BOARD OF ASSESSORS STUDENTTRAVEL 1210 3007 000 000 (350.00) REASSESSMENT /BOARD OF ASSESSORS 1210 5506 000 001 350.00 6/18/2013 VICTIM WITNESS PROGRAM TABLET /LAPTOP 2202 5204 000 000 (1,200.00) VICTIM WITNESS PROGRAM 2202 5401 000 000 1,200.00 6/18/2013 ICOUNTY OFFICE BUILDINGS /COURTHOUSE INSUFFICIENT FUNDS 4304 54011 0001 000 (1,800.00) COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5103 000 000 1,800.00 6/18/2013 VICTIM WITNESS PROGRAM PURCHASE OFFICE SUPPLIES 2202 5204 000 000 (1,000.00) VICTIM WITNESS PROGRAM 2202 5401 000 000 1,000.00 6/19/2013 PARKS MAINTENANCE ZERO TURN MOWER FOR SHERANDO 7103 5403 000 000 (6,499.00) SHERANDO PARK 7110 8001 000 000 6,499.00 6/21/2013 SHERIFF 2ND QUARTER DTF EXPENSES 3102 5401 000 000 (3,000.00) SHERIFF 3102 5413 0001 000 3,000.00 6/21/2013 HUMAN RESOURCES WATER BILL 1203 9001 000 000 (145.65) HUMAN RESOURCES 1203 5415 000 000 145.65 6/21/2013 HUMAN RESOURCES OFFICE SUPPLIES 1203 5204 000 000 (206.00) HUMAN RESOURCES 1203 5401 000 000 206.00 6/21/2013 REFUSE COLLECTION REPAIR SHAWNEELAND ROTOPHASE 4203 5408 000 002 (1,000.00) REFUSE COLLECTION 4203 3004 000 001 1,000.00 6/21/2013 REFUSE COLLECTION REPAIR SHAWNEELAND ROTOPHASE 4203 30101 0001 000 (2,500.00) REFUSE COLLECTION 4203 3004 000 001 2,500.00 6/21/2013 PARKS & RECREATION ADMINISTRATION TRAVEL EXPENSES THROUGH YEAR END 7101 5506 000 000 50.00 PARKS CENTERS AND PLAYGROUNDS 7104 5506 000 000 (50.00) 6/24/2013 INFORMATION TECHNOLOGY REPLACEMENT OF GIS EQUIPMENT 1220 3005 000 002 (4,368.37) INFORMATION TECHNOLOGY 12205413 000 002 4,368.37 6/24/2013 INFORMATION TECHNOLOGY COVER DEFICIT 1220 3002 000 000 (522.51) INFORMATION TECHNOLOGY 12203002 0001 000 (3,500.00) INFORMATION TECHNOLOGY 1220 3005 000 000 (1.20) INFORMATION TECHNOLOGY 1220 4003 000 001 1.20 INFORMATION TECHNOLOGY 1220 5401 000 003 522.51 INFORMATION TECHNOLOGY 1220 5411 000 000 3.76 INFORMATION TECHNOLOGY 1220 5506 000 000 3,500.00 INFORMATION TECHNOLOGY 1220 8007 000 000 2,098.00 INFORMATION TECHNOLOGY 1220 8007 000 003 (2,098.00) MANAGEMENT INFORMATION SYSTEMS 1222 3002 000 000 (3.76) 6/24/2013 AGRICULTURE COVER POSTAGE TO DYMO MACHINE 8301 5401 000 000 (120.51) AGRICULTURE 8301 5204 000 000 120.51 6/24/2013 AGRICULTURE TRAVELEXPENSE 8301 5401 000 000 (172.54) AGRICULTURE 8301 5506 000 000 172.54 6/25/2013 REASSESSMENT /BOARD OF ASSESSORS ADVERTISING /DATA COLLECTOR 1210 4003 000 002 (120.00) REASSESSMENT /BOARD OF ASSESSORS 1210 3007 000 000 120.00 6/25/2013 COMMISSIONER OF THE REVENUE GENERAL OFFICE SUPPLIES 1209 3006 000 000 (250.00) COMMISSIONER OF THE REVENUE 1209 5401 000 000 250.00 6/25/2013 IBOARD OF SUPERVISORS MISC. PROFESSIONAL SERVICES 1101 5506 0001 000 (1,000.00) BOARD OF SUPERVISORS 1101 3002 000 000 1,000.00 6/25/2013 FIRE AND RESCUE PURCHASE LIGHTBARS & MISC. 3505 8005 000 000 (8,480.00) FIRE AND RESCUE 3505 5408 000 000 8,480.00 6/25/2013 FIRE AND RESCUE PURCHASE OF TWO LIFEPAK 15S 3505 5413 000 000 (66,000.00) FIRE AND RESCUE 3505 8009 000 000 66,000.00 6/26/2013 COMMISSIONER OF THE REVENUE 1209 3006 000 000 (272.75) COMMISSIONER OF THE REVENUE 1209 4003 0001 001 (170.00) COMMISSIONER OF THE REVENUE 1209 4003 000 002 (250.00) COMMISSIONER OF THE REVENUE 1209 5204 000 000 (301.34) COMMISSIONER OF THE REVENUE 1209 5305 000 000 (797.28) COMMISSIONER OF THE REVENUE 1209 5401 000 000 272.75 COMMISSIONER OF THE REVENUE 1209 5401 000 000 170.00 COMMISSIONER OF THE REVENUE 1209 5401 000 000 250.00 COMMISSIONER OF THE REVENUE 1209 5401 000 000 301.34 COMMISSIONER OF THE REVENUE 1209 5401 000 000 797.28 COMMISSIONER OF THE REVENUE 1209 5401 000 000 193.37 COMMISSIONER OF THE REVENUE 1209 5401 000 000 361.20 COMMISSIONER OF THE REVENUE 1209 5401 000 000 195.00 COMMISSIONER OF THE REVENUE 1209 5401 000 0001 270.00 COMMISSIONER OF THE REVENUE 1209 5401 000 0001 300.00 COMMISSIONER OF THE REVENUE 1209 5411 000 000 (193.37) COMMISSIONER OF THE REVENUE 1209 5506 000 000 (361.20) COMMISSIONER OF THE REVENUE 1209 58011 000 000 (195.00) 70 FY13 JUNE BUDGET TRANSFERS PAGE DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 6/26/2013 1 REASSESSMENT /BOARD OF ASSESSORS IFURNITURE PARTS 1210 52041 0001 000 (270.00) REASSESSMENT /BOARD OFASSESSORS 1 1210 54011 0001 000 (300.00) 6/27/2013 IREGISTRAR COPIER LEASE PAYMENT 1 1302154011 0001 000 (251.09) REGISTRAR 1 1302190011 0001 0001 251.09 6/27/2013 SHERIFF REPLACE BROKEN EQUIPMENT 3102 5506 000 000 (1,500.00) SHERIFF 3102 5413 000 000 1,500.00 6/27/2013 SHERIFF TO COVER MAY /JUNE PROPANE 3102 5506 000 000 (5,800.00) SHERIFF 3102 5408 000 002 5,800.00 6/28/2013 ECONOMIC DEVELOPMENT COMMISSION PART -TIME EXTRA HELP 8102 1003 000 000 6,900.00 ECONOMIC DEVELOPMENT COMMISSION 8102 3002 000 017 (6,900.00) 6/30/2013 ITREASURER P -CARD TRANSACTIONS 1213 52041 0001 000 (600.00) TREASURER 1213 5401 000 000 600.00 7/2/2013 PARKS AND RECREATION ADMINISTRATION BACKGROUND CHECKS FY13 7101 5415 000 000 589.04 RECREATION CENTERS AND PLAYGROUNDS 7104 5412 000 000 (589.04) 7/2/2013 REFUSE COLLECTION ELECTRICAL BILLS FY12 -FY13 4203 3002 000 000 (1,200.00) REFUSE COLLECTION 4203 5100 000 000 1,200.00 7/2/2013 COUNTY OFFICE BUILDINGS /COURTHOUSE JANITORIAL SUPPLIES CAB 43045400 000 000 (680.51) COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5405 0001 000 680.51 7/2/2013 MAINTENANCE ADMINISTRATION REPAIR TO 2006 FORD 4301 3004 000 002 316.71 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5400 000 000 (316.71) 7/2/2013 ANIMAL SHELTER SUPPLEMENT FOR REMAINDER 4305 5101 000 000 400.00 ANIMAL SHELTER 4305 5102 000 000 (400.00) 7/10/2013 HUMAN RESOURCES DRUG SCREENING 1203 5413 000 000 (45.75) HUMAN RESOURCES 1203 3002 000 000 45.75 7/10/2013 COUNTYATTORNEY ADDITIONAL BOOK SUBSCRIPTION 1202 3002 0001 000 (91.89) COUNTYATTORNEY 1202 5411 000 000 91.89 7/10/2013 REFUSE COLLECTION YEAR END EXPENSES 4203 3010 000 000 (2,300.00) REFUSE COLLECTION 4203 5408 000 002 2,300.00 7/12/2013 COUNTY ATTORNEY LGA REGIONAL CONFERENCE IN WINCHESTER 12023002 000 000 (125.00) COUNTY ATTORNEY 1202 5506 000 000 125.00 7/15/2013 PARKS AND RECREATION ADMINISTRATION COVER ADVERTISING EXPENSES 7101 3006 000 000 (1,375.73) PARKS AND RECREATION ADMINISTRATION 7101 30071 0001 000 1,375.73 7/17/2013 HUMAN RESOURCES DRUG SCREENING 1203 5204 000 000 (45.00) HUMAN RESOURCES 1203 3002 000 000 45.00 7/17/2013 ECONOMIC DEVELOPMENT COMMISSION OFFICE SUPPLIES EXPENSES 8102 3002 000 008 (400.00) ECONOMIC DEVELOPMENT COMMISSION 8102 5401 000 000 400.00 7/17/2013 ECONOMIC DEVELOPMENT COMMISSION OTHER OPERATING SUPPLIES EXPENSE 81023002 000 008 (3,000.00) ECONOMIC DEVELOPMENT COMMISSION 8102 5413 000 000 3,000.00 ECONOMIC DEVELOPMENT COMMISSION 8102130061 0001 000 (800.00) ECONOMIC DEVELOPMENT COMMISSION 81025413 000 000 800.00 7/18/2013 REFUSE COLLECTION END OF YEAR EXPENSE 4203 3002 000 000 (700.00) REFUSE COLLECTION 4203 3004 000 001 700.00 7/22/2013 CLEARBROOK PARK COST OF FUEL FOR CLEARBROOK 7109 5408 000 000 1,039.67 SHERANDO PARK 7110 5103 000 000 (1,039.67) 7/22/2013 CLEARBROOK PARK FUEL FOR CLEARBROOK PARK 7109 5101 000 000 (2,784.90) CLEARBROOK PARK 7109 5408 0001 000 2,784.90 CLEARBROOK PARK 7109 5408 000 000 1,434.87 SHERANDO PARK 7110 3004 000 001 (1,434.87) 7/22/2013 SHERANDO PARK FUEL FOR SHERANDO PARK 7110 3004 000 003 (1,105.91) SHERANDO PARK 7110 5408 000 000 1,105.91 7/22/2013 CLEARBROOK PARK COST OF EQUIPMENT PARTS 7109 5407 000 000 (1,079.35) CLEARBROOK PARK 7109 5408 000 000 1,079.35 CLEARBROOK PARK 7109 5408 000 000 2,712.79 CLEARBROOK PARK 7109 5405 000 000 (496.75) CLEARBROOK PARK 7109 5408 000 000 496.75 SHERAN DO PARK 7110 5407 000 000 (2,712.79) 7/22/2013 CLEARBROOK PARK COST OF JANITORIAL SUPPLIES 7109 5405 000 000 - 196.97 SHERANDO PARK 7110 5405 000 000 196.97 7/22/2013 PARKS AND RECREATION ADMINISTRATION COVER COST OF POOL SUPPLIES 7101 5413 000 000 (2,632.21) CLEARBROOK PARK 7109 5413 000 000 2,632.21 7/22/2013 CLEARBROOK PARK WATER & SEWER AT CLEARBROOK 7109 51031 0001 0001 1,337.57 SHERANDO PARK 7110 5103 000 000 (1,337.57) 7/22/2013 PARKS MAINTENANCE WATER SAFETY TRAINING FOR LIFEGUARDS 7103 5405 000 000 (385.00) PARKS MAINTENANCE 7103 5506 000 000 385.00 7/30/2013 COUNTY OFFICE BUILDINGS /COURTHOUSE GENERATOR REPAIR AT PSB 4304 3004 000 006 (1,923.99) COUNTY OFFICE BUILDINGS /COURTHOUSE i 4304 3004 000 0051 1,923.99 71 FY13 JUNE BUDGET TRANSFERS PAGE DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 8/6/2013 PUBLIC SAFETY COMMUNICATIONS ADDITIONAL FOR PHONE REQUIREMENTS 3506 5506 000 000 (1,500.00) PUBLIC SAFETY COMMUNICATIONS 3506 5204 000 000 1,500.00 8/6/2013 PARKS MAINTENANCE AGRICULTURAL SUPPLIES 7103 5403 000 000 536.74 SHERANDO PARK 7110 5413 000 000 - 536.74 8/6/2013 SHERANDO PARK EQUIPMENT PARTS 7110 5413 000 000 - 799.15 SHERANDO PARK 7110 5408 000 000 799.15 8/6/2013 ISHERANDO PARK FIRE EXTINGUISHER INSPECTION 7110 54131 0001 000 (312.00) SHERANDO PARK 7110 3010 000 000 312.00 8/6/2013 CLEARBROOK PARK JANITORIAL SUPPLIES 71093004 000 000 - 607.24 CLEARBROOK PARK 7109 5405 000 000 607.24 8/6/2013 CLEARBROOK PARK MAINTENANCE SUPPLIES 7109 3004 000 003 - 511.98 CLEARBROOK PARK 7109 5407 000 000 511.98 SHERANDO PARK 7110 5413 000 000 -16.18 SHERANDO PARK 7110 5407 000 000 16.18 8/7/2013 REFUSE COLLECTION CONTRACT SERVICES 4203 3006 000 000 (2,600.00) REFUSE COLLECTION 4203 3010 000 000 2,600.00 8/7/2013 REFUSE COLLECTION ELECTRICAL SERVICES 4203 5412 000 000 (400.00) REFUSE COLLECTION 4203 5101 000 000 400.00 8/7/2013 REFUSE COLLECTION END OF YEAR INVOICES 4203 3007 000 000 (1,000.00) REFUSE COLLECTION 4203 5407 000 0001 1,000.00 72 FY14 JULY BUDGET TRANSFERS PAGE 1 DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 7/18/2013 HUMAN RESOURCES FOR EMPLOYEE OF THE MONTH, JULY 12033007 000 000 (800.00) HUMAN RESOURCES 1203 1007 000 003 800.00 7/18/2013 INFORMATION TECHNOLOGY PRIMARY RATE INTERFACE NETWORK UPGRADE 1220 8007 000 003 (3,926.20) INFORMATION TECHNOLOGY 1220 8007 000 000 3,926.20 7/24/2013 PARKS & RECREATION ADMINISTRATION TO BEGIN FY14 AT REQUESTED LEVELS 7101 3005 000 000 (1,700.00) PARKS & RECREATION ADMINISTRATION 7101 3005 000 000 (990.00) PARKS & RECREATION ADMINISTRATION 7101 52041 0001 001 990.00 PARKS MAINTENANCE 7103 3012 000 000 (218.00) PARKS MAINTENANCE 7103 3005 000 000 218.00 PARKS MAINTENANCE 7103 3012 000 000 (6,169.00) PARKS MAINTENANCE 7103 5414 000 000 6,169.00 PARKS MAINTENANCE 7103 5305 000 000 (1,120.00) PARKS MAINTENANCE 7103 5401 000 000 (250.00) PARKS MAINTENANCE 7103 5414 000 000 250.00 PARKS MAINTENANCE 7103 5401 000 000 (1,778.00) PARKS MAINTENANCE 7103 5405 000 000 (1,900.00) PARKS MAINTENANCE 7103 5413 000 000 (200.00) PARKS MAINTENANCE 7103 5801 000 000 (520.00) RECREATION CENTERS AND PLAYGROUNDS 7104 5401 000 000 (1,300.00) RECREATION CENTERS AND PLAYGROUNDS 7104 5801 000 000 (3,560.00) CLEARBROOK PARK 7109 5103 000 000 1,778.00 CLEARBROOK PARK 7109 5103 000 000 200.00 CLEARBROOK PARK 7109 5103 000 000 520.00 CLEARBROOK PARK 7109 5103 000 000 1,300.00 CLEARBROOK PARK 7109 5103 000 000 3,560.00 CLEARBROOK PARK 7109 5410 000 000 (2,400.00) CLEARBROOK PARK 7109 5410 000 000 (500.00) CLEARBROOK PARK 7109 5412 000 000 (594.00) CLEARBROOK PARK 7109 5102 000 000 594.00 SHERANDO PARK 7110 5103 000 000 1,700.00 SHERANDO PARK 7110 5101 000 000 1,120.00 SHERANDO PARK 7110 5101 000 000 1,900.00 SHERANDO PARK 7110 5412 000 0001 2,400.00 SHERANDO PARK 7110 5413 000 000 500.00 SHERANDO PARK 7110 5204 000 000 (400.00) SHERANDO PARK 7110 5103 000 000 400.00 SHERANDO PARK 7110 5302 000 000 (535.00) SHERANDO PARK 7110 5102 000 000 535.00 SHERANDO PARK 7110 5410 000 000 (3,500.00) SHERANDO PARK 7110 5413 000 000 3,500.00 7/30/2013 PARKS & RECREATION ADMINISTRATION TO BEGIN FY14 AT REQUESTED LEVELS 7101 5801 000 000 (287.00) PARKS & RECREATION ADMINISTRATION 7101 5801 000 000 (970.00) CLEARBROOK PARK 7109 5103 000 000 970.00 SHERANDO PARK 7110 5103 000 000 287.00 7/30/2013 PARKS & RECREATION ADMINISTRATION COVER COST OF SWIM LEAGUE 7101 5506 000 000 (205.00) PARKS MAINTENANCE 7103 5801 000 000 205.00 8/5/2013 MANAGEMENT INFORMATION SYSTEMS ADDITIONAL COST OF INTERNETACCESS 1222154011 0001 000 (3,340.00) MANAGEMENT INFORMATION SYSTEMS 1222 5299 000 000 3,340.00 8/5/2013 HUMAN RESOURCES SOCIETY FOR HUMAN RESOURCES MGT.LEARNING SYSTEM 1203 4003 000 001 (360.00) HUMAN RESOURCES 1203 5506 000 000 360.00 HUMAN RESOURCES 1203 5506 000 001 (620.00) HUMAN RESOURCES 1203 5506 000 000 620.00 HUMAN RESOURCES 1203 3006 000 000 (235.00) HUMAN RESOURCES 1203 5506 000 000 235.00 73 June 26, 2013 Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977 -9700 Fax (312) 977 -4806 John R. Riley, Jr. County Administrator County of Frederick 107 North Kent Street Winchester VA 22601 Dear Mr. Riley: N c� J �a e pck p�cQ '� N e e �pts y �/ ;/ �� LZ 0 � 6 �q ' !. We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended June 30, 2012 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be shipped to: Cheryl B. Shiffler Finance Director under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. In addition, details of recent recipients of the Certificate of Achievement and other information about Certificate Program results are available in the "Awards Program" area of our website, www.gfoa.org. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Government Finance Officers Association Stephen J. Gauthier, Director Technical Services Center SJG /ds 74 Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone(312)977 -9700 Fax(312)977 -4806 06/26/2013 NEWS RELEASE For Information contact: Stephen Gauthier (312) 977 -9700 (Chicago) - -The Certificate of Achievement for Excellence in Financial Reporting has been awarded to County of Frederick by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award - winning CAFR. This has been presented to: Finance Department, County of Frederick The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, IL, and Washington, D.C. 75 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 July 26, 2013 AUG 0 2 2013 Cheryl B. Shiffler Finance Director County of Frederick 107 N. Kent Street Winchester, VA 22601 Dear Ms. Shiffler: Fir?anc A panel of independent reviewers has completed its examination of your Popular Annual Financial Report (PAFR). We are pleased to notify you that your PAFR for the fiscal year ended June 30, 2012, has substantially met the requirements of the PAFR Program. In the absence of authoritative standards governing the presentation, these requirements were based on an evaluation of creativity, presentation, understandability and reader appeal. The report received a weighted average score of 75.00 percent or above from three of the four highest individual reviews. The PAFR award is valid for one year. To continue your participation in the program, it will be necessary for you to submit your next PAFR to the Government Finance Officers Association within 6 months of the end of your entity's fiscal year. Enclosed is an application form to facilitate a timely submission. Four copies of this form should be submitted with four copies of your PAFR, accompanied by the appropriate fee. Each entity submitting a report to the PAFR Program is provided with confidential comments and suggestions for possible improvements in next year's presentation. Your comments and suggestions, as well as the summary of grading sheet are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare next year's report. Your award plaque will be mailed separately and should arrive in approximately eight weeks. A camera -ready reproduction of the award is included for your convenience and may be included in your next report. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780 www.7&.org Cheryl B. Shiffler July 26, 2013 Page 2 We appreciated your participation in this program, and we sincerely hope that your example will encourage others in their efforts to achieve and maintain a well, presented PAFR. If we can be of further assistance, please contact Jim Phillips in the Technical Services Center. Sincerely, Stephen J. Gauthier, Director Technical Services Center 77 COUNTY of FREDERICK Board of Supervisors John A. Bishop, AICP, Deputy Director - Transportation Transportation Committee Report for Meeting of August 26, 2013 August 26, 2013 The Transportation Committee met on August 26, 2013 at 8:30 a.m. ,I,.- Department of Planning and Development 5401665-5651 MEMORANDUM FAX: 540/665-6395 Members Absent Mark Davis (liaison Middletown) Christopher Collins (voting) Bryon Grigsby (voting) Gary Oates (liaison PC) Members Present Chuck DeHaven (voting) Gene Fisher (voting) James Racey (voting) Lewis Boyer (liaison Stephens City) ***Items Requiring Action*** 1. Rail Access Grant Request Staff presented the information on the following pages regarding the request by Miller Milling for a Board resolution of support as they seek rail access funds for an expansion of their facilities. The following pages contain the request and project description as well as a draft resolution of Board support. Motion by Mr. Racey and seconded by Mr. Fisher to recommend support. Motion passed unanimously. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 ** *Items Not Requiring Action * ** 2. Through Truck Restriction Consideration for Routes 600 and 608 Supervisor Lofton is in receipt of a request for consideration of a Truck Restriction for Routes 600 and 608 between Route 50 and Route 55. The citizen that contacted Mr. Lofton was concerned that the number of trucks has grown significantly on these roadways, particularly since the opening of Corridor H in West Virginia. Staff provided a number of items for the committee to review as they considered this request. Those items included traffic counts with truck percentages from 2001 and 2011, maps of potential alternative routes, and VDOT guidelines for truck restriction requests. Staff noted that while overall traffic volumes had increased, truck percentages had not increased during that time. In addition, potential alternative routes were significant and likely to negatively impact facilities with similar characteristics as those proposed for restriction. Finally staff noted that a key consideration when VDOT determines whether to accept a truck restriction request is that they consider length of alternative routes as a key portion of the decision making process. Mr. Fisher noted that for vehicles trying to travel between Route 50 and Route 55, using the routes proposed for restriction didn't make a lot of sense. Route 259 would be a much better route. Mr. Fisher and Mr. Racey also noted that additional data would be useful such as origin and destination data for trucks utilizing Routes 600 and 608. Mr. DeHaven noted that such data was not currently available and would be costly to gather. By consensus the committee did not forward a recommendation that the Board of Supervisors request a truck restriction for Routes 600 and 608. 3. Children at Play Signage Recently, the County has received a number of requests for Children at Play signs in some of our residential areas. In 2012, VDOT updated their program for these signs to make them the responsibility of localities. In researching the issue in order to determine how to move forward with requests for these signs, what we found was that in many areas where localities are responsible for sign placement these signs are not allowed. Reasons given for not using these signs are many but the most compelling reasons are as follows: 1. The Federal Highway Administration not only discourages use of these signs, but has completely removed them from the Manual of Uniform Traffic Control Devices which is the guidebook for sign format and use throughout the country. 2. Studies have shown these types of signs to be ineffective. 3. Placement of these signs by a locality or state agency can be interpreted as encouragement or acknowledgement that playing in the street is an acceptable activity. This has led to liability concerns. 4. Inaccurate impression that areas without these signs may not have `children at play'. It is Staff's recommendation that the Committee not consider requests for these signs. The Committee discussed the items outlined above and the attached materials and by consensus endorsed Staff's recommendation. 5. Revenue Sharing Design Funds Public works and planning staff have recently completed interviews with on call contractors for road design work in the County. The chosen contractor will be qualified and eligible to begin design work on the Russell 150 Roads and Bridge and the Tevis Street Connection. Staff is seeking a recommendation to the Board of Supervisors on the use of the $470,733.50 in transportation reserve funds toward design on the Russell 150 Roads and Bridge and the Tevis Street Connection. This will allow design to move ahead as planned and prepare us for use of construction dollars awarded by VDOT over the past two fiscal years. Motion by Mr. Fisher and seconded by Mr. Racey to recommend approval for use of these funds toward design of revenue sharing projects. Motion passed unanimously. Note: This is an action item on the Finance Committee report which is why it is not an action item here. 4. Aylor Road Alternatives Following the public meeting held in the area and meetings with local residents, VDOT officials have made revisions to the chosen path for the Aylor Road realignment. Staff has attached the previous and the new recommendation for alignment. The Committee reviewed the attached alternatives and found no issues with the proposed revisions. August 15, 2013 John A. Bishop, AfCP Deputy Director- Transportation Frederick County Planning & Development 107 N. Kent Street Winchester, VA 22601 RE: Request for Resolution Supporting Miller Milling request for flail Industrial Access Funds Mr. Bishop I am writing to request a resolution from the Frederick County Board of Supervisors in support of the Rail Industrial Access grant application being prepared by Miller Milling. Miller Milling, one of Frederick County's premier industries, has initiated a project that will significantly expand their grain storage and capacity to unload rail cars. The project will enable the mill to receive a unit train o' 110 rail cars and unload the train within 24 hours. Key infrastructure features of the project are described below: Mill Site — 5,430 centerline feet oT new track, 8 no. 8 switches, grading, sub - ballast, ballast, new 50,000 bu/hr unload pit and grain transport, drainage and erosion control are required. Omps Site - 4,700 centerline feet of track, 2 no. 10 switches, 2 no. 8 switches, sub - ballast, ballast, drainage and erosion control are required. A map is attached showing the locations of the two project components. The estimated cost of the rail work is $5,064,000 and we are requesting a $450,000.00 grant from the Virginia Department of Rails and Public Transportation to assist with this project. Thank you in advance for your support of this project. If I can answer any questions concerning; the project or the grant application, please feel free to contact me. Sincerely, / J f Timot5, Stowe, PE, L5 President CC: Randy Marten, Miller Milling 2203 Serviceberry Court • Stephens City, Virginia 22655 • (540) 336.0656 • fax: (540) 869,6984 email: TimStowe @StoweCompanies.com Map of Miller Milling Rail Expansion Project Locations RESOLUTION OF SUPPORT BY THE FREDERICK COUNTY BOARD OF SUPERVISORS OF THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS The Board of Supervisors of Frederick County, in regular meeting on the 9th day of September 2013, adopted the following: WHEREAS, Miller Milling has expressed its intent and desire to the Board of Supervisors to locate its commercial, business, or industrial operations in Frederick County; and, WHEREAS, Miller Milling and its operation will require rail access; and, WHEREAS, the Officials Miller Milling have reported to Frederick County their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000.00; and, WHEREAS, Miller Milling has requested that the Board of Supervisors provide a Resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of Miller Milling for $450,000.00 in Industrial Access Railroad Track Funds; and, BE IT FURTHER RESOLVED, that the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Miller Milling for the purpose of locating its business, commercial, or industrial facility in Frederick County. ADOPTED this 9th day of September, 2013. This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes #23 -13 Frequently Asked Questions Through Truck Restriction Program What is a through truck? A through truck is defined as one that travels from one terminus to the other with no origin or destination along the designated route. How does the program work? The Through Truck Restriction Program allows a local governing body to request that VDOT restrict the use of through trucks on any part of a primary or secondary highway if a reasonable alternate route is provided. The program is based on § 45.E -8019 of the Code of Virginia, which is entitled Regulation of truck traffic on primary and secondary highways. How is a request for a restriction evaluated? The local governing body must hold a public hearing and make a formal request, including the submittal of a resolution, to VDOT. Pour criteria are used in evaluating the request, and failure to satisfy both the first and second and either the third or fourth criteria will norrnalfy result in a rejection of the requested restriction. The criteria are: 1. Reasonable alternate routing is provided. 2. The character and/or frequency of the truck traffic on the road to be restricted are not compatible with the affected area. 3. The roadway is residential in nature — typically, there must be at least 12 dwellings combined on both sides within 150 feet of the roadway centerline per 1,000 feet of roadway. 4. The road to be restricted is functionally classitied as local or collector, See Throuah Truck Restriction Guidelines for a complete description of the requirements. What is the process to request a through truck restriction? A summary of the process is as follows: 1. The local governing body su& as a county Board of Supervisors holds an advertised public hearing about the proposed restriction and alternate. 2. A copy of the adopted resolution with description of ;proposed through -truck restriction and suitable alternate accompanies the request to the Resident Engineer of the VDOT District. 3. The District Administrator reviews the request and forwards it to the State Traffic Engineer for study and evaluation. 4. The District Administrator requests public comments, discusses it with the Commonwealth Transportation Board member, and makes a recommendation. 5. Tne State Traffic Engineer reviews the proposed restriction and prepares a report. He submits it to Chief of System Operations with a recommendation. 6. For primary routes, the Chief of System Operations sends recommendation to Commonwealth Transportation Board, The CTB approves or denies the request_ 7. For secondary routes, the Chief of System Operations recommends an action to the Transportation Commissioner who approves or denies the request. 8, The State Traffic Engineer notifies the District which notifies the local governing body and posts signs if appropriate. How is a through -truck restriction founded? VD07 incurs all installation and maintenance costs out of its operating budgets.. Which routes are currently restricted? Click Mere for a map of restricted routes. Adopted by Commonwealth Transportation Board October 16, 2003 GUIDELINES FOR CONSIDERING REQUESTS TO RESTRICT THROUGH TRUCKS ON PRIMARY AND SECONDARY HIGHWAY'S Section 46.2- 809 of the Code of Virginia provides: The Commonwealth Transportation Board, or its designee, in response to a formal request by a local govemmg body, after such body has held public hearings, may, after due notice and a proper hearing, prohibit or restrict the use by through traffic of any part of a primary or secondary highway if a reasonable alternate route is provided_ The Board, or its designee, shall act upon any such fonnal request within nine months ra f its receipt, unless goad cause is shmm. Such restriction may apply to any truck or truck and trailer or semitrailer combination, except a pickup or panel truck, as maybe necessary to promote the health, safety, and welfare of the citizens of the Commonwealth. Nothing in this section shall affect the validity of any city charter provision or city ordinance heretofore adopted, Background It is the philosophy of the Commonwealth. Transportation Board that all vehicles should have access to the roads on which they are legally entitled to travel. Travel by any class of vehicle on any class of highway should be restricted only upon demonstration that it will promote the health, safety and welfare of the citizens of the Commonwealth without creating an undue hardship on any ofthe users of the transportation system. The Board recognizes that there may be a limited number of instances when restricting through trucks fromusing a segment of a primary or secondary roadwaywill reduce potential conflicts, creating a safer environment and one that is in accord with the current use of the roadway. The Board has adopted these guidelines to govern and regulate requests for through truck restrictions on primary and secondary highways. Process. The Commonwealth Transportation Board delegates the authority to restrict through truck traffic on secondary highways to the Commissioner of the Virginia Department of Transportation. Such restrictions can apply to any truck, truck and trailer or semi trail -zr combination, or any combination of those classifications. Consideration of all such restrictions by the Commissioner is subject to these guidelines as adopted by the Board. The Commonwealth Transportation Board retains the authority to restrict through truck traffic on primary highways. In order to conform to the requirements of the Code of Virginia and to insure that all concerned parties have an opportunity to provide input, the local governing body must hold a public hearing and make a formal request of the Department. The following must be adhered to: (A) The public notices for the hearing must include a description of the proposed through truck restriction and the alternate route with the same termini. A copy of the notices must be provided. (B) A public hearing must be held by the local governing body and a transcript of the hearing must be provided with the resolution. (C) The resolution must describe the proposed through truck restriction and a description of the alternate., including termini. (D) The governing body must include in the resolution that it will use its good offices for enforcement of the proposed restriction by the appropriate local law enforcement agency. Failure to comply with (A), (B), (C) and (D) will result in the request being returned. The Commonwealth Transportation Board and the Commissioner shall act upon any such formal request within nine months of its receipt, unless good cause is shown.. Criteria Travel by any class of vehicle should be restricted only upon demonstration that it will promote the health, safety and welfare of the citizens of the Commonwealth without creating an undue hardship on any users of the transportation network. The Virginia Department of Transportation will consider criteria 1 through 4 in reviewing a requested through truck restriction. The proposed restriction must meet both the first and second criteria in order to be approved; 1. Reasonable alternate routing is provided. The alternate route will be evaluated for traffic and safety related impacts. To be considered "reasonable ", the alternate route(s) must be engineered to a standard sufficient for truck travel, and must be judged at least as appropriate for truck traffic as the requested truck restriction route. If an alternate route must be upgraded, the improvement shall be completed before the truck restriction can be iaTlemented. The termini of the proposed restriction must be identical to the alternate routing to allow a time and distance comparison to be conducted between the two routings. Also, the alternate routing must not create an undue hardship for trucks in reaching their destination. 2. The character and/or frequency of the truck traffic on the route proposed for restriction is not compatible with the affected area. Evaluation will include safety issues, accident history, engineering of the roadway, vehicle composition, and other traffic engineering related issues.. In addition to meeting the first two criteria, the proposed restriction must meet either the third or the fourth criteria in order to be approved. 3. The roadway is residential in nature. Typi call , the roadway will be judged to be residential if there are at least 12 dwellings combined on bath sides within 150' ofthe existing or proposed roadway center line per 1,000 feet of roadway. 4, The roadway must be fumctionally classified as either a local or collector. Failure to satisfy criteria 1 and 2, and either criteria 3 or 4 will normally result in rejection of the requested restriction. The Commonwealth Transportation Board when deemed necessary may modify or revise any provisions or criteria contained in these guidelines. 3 2011 Virginia Department of Transportation Daily Traffic Volume Estimates Including Vehicle {Classification Estimates where available Jurisdiction Deport 34 Frederick County City of Winchester Town of Middletown Town of Stephens City Prepared By Virginia Department of Transportation Traffic Engineering Division In Cooperation With U.S. Department of Transportation Federal Highway Administration Virginia. Department of Transportation Traffic Engineering Division Traffic Monitoring Section The Virginia Department of Transportation (VDOT) conducts a program where traffic count data are gathered from sensors in or along streets and highways and other sources. From these data, estimates of the average number of vehicles that traveled each segment of road are calculated. VDOT periodically publishes booklets listing these estimates. One of these booklets, titled "Average Daily Traffic Volumes with Vehicle Classification Data. on Interstate, Arterial and Primary Routes" includes a list of each Interstate and Primary highway segment with the estimated Annual Average Daily Traffic (AADT) for that segment. AADT is the total annual traffic estimate divided by the number of days in the year. This booklet also includes information such as estimates of the percentage of the AADT made up by b different vehicle types, ranging from cars to double trailer trucks; estimated Annual Average Weekday Traffic (AAWDT), which is the number of vehicles estimated to have traveled the segment of highway during a 24 hour weekday averaged over the year; as well as Peak Hour and Peak Direction factors used by planners to formulate design criteria. In addition to the Primary and Interstate publication, one hundred books are published periodically, one for each of 1.00 areas across the state defined by VDOT for record - keeping purposes. These books include traffic volume estimates for roads within the county, cities, and towns within the area. These books are titled "Daily Traffic Volumes Including Vehicle Classification Estimates, where available; Jurisdiction Report numbers 00 through 99 ". Also available are a number of reports summarizing the average Vehicle Miles Traveled (VMT) in selected jurisdictions and other categories of highways. There are many different ways to present traffic volume summary information. Because the user determines the value of each presentation, the reports have been redesigned based on user requests and feedback. The people of the VDOT Traffic. Engineering Division Traffic Monitoring Section who produce these books welcome requests for other helpful ways of presenting the summary information. A compact disc (CD) is available that includes files in the Adobes Portable Document Format (PDF) that can be displayed, searched, and printed using common desktop computer equipment. The CD includes the publications described above as well as a number of other reports, including specialized VMT summaries and smaller AADT reports for each city and town separately. Publication Notes Parallel Roads For road inventory and management purposes, some roadways are counted separately by direction and have separately published traffic estimates for each direction of travel. Examples of such roadways are the interstate system and routes with separated facilities and (usually) one -way traffic facilities in urban areas. In these publications, they are referred to as parallel roads. As a convenience for the users of the publication. the listing for segments of roads with parallel segments are published with both the traffic estimates for their own direction of travel (e.g. 1 -95 Northbound) as well as the estimate of the total of all traffic on the same route including parallel roadways (all directions of 1 -95). The publication will have a "Combined Traffic Estimates for Parallel Roadways on this Route" or "Combined Traffic" identifiers for the combined direction of travel estimates. Roadways such as 1-395 with a North segment, a South segment and a separate Reversible lane segment will have the estimate for more than two parallel roadways included in the entire combined traffic estimate. Some routes have very complicated paths through cities and towns. These parallel paths may be too complex to allow v. relationship between nearby sections of the opposite direction on the same route. In this case, to indicate that the traffic estimates for such a road segment may not include all directions of traffic on that route, the line that would list the combined values will indicate "NA" for not available. VDOT's traffic monitoring program includes more than 100,4041 segments of roads and highways ranging from several mile sections of Interstate highways to very short sections of city streets. Due to problems experienced obtaining some traffic count data, and the level of quality necessary to maintain confidence in the data, no estimate is currently available for some segments of roadway, These segments are included in the publications indicating "NA" for not available. It is the intention of the VDOT Traffic Engineering Division Traffic Monitoring group to obtain the data necessary and to report traffic volume estimates on all road segments included in these publications. Many of the road segments in this program are local secondary roads. The amount and detail of data collected on these roads are not as great as the data collected on higher volume roads. The veh=icle classification, average weekday traffic volumes, and the theoretical design hour traffic volumes are not calculated for these roads. The publications indicate "NA" for the information that is not available. This publication is based on a traffic monitoring program initiated in 1497, Because the data collection techniques and statistical evaluation processes are different than those used in previous years, comparison with previous publications may be misleading. Glossary of Terms: Rowe: The Route ]dumber assigned to this segment of roadway with the master inventory route number if this is an overlapping route, with official street or highway name if available. Length: Length of the traffic segment in miles. AADT: Annual Average Daily Traffic. The estimate of typical daily traffic on a road segment for all days of the week, Sunday through Saturday, over the period of one year.. QA: Quality of AADT. A Average of Complete Continuous Count Data B Average of Selected Continuous Count Data C= Factored Short Tern Traffic Count Data G Factored Short Terra Traffic Count Data with Growth Element H Historical Estimate M Manual Uncounted Estimate N AADT of Similar Neighboring Traffic Link 0 Provided By External Source R Raw Traffic Count, Unfactored 4Tire: Percentage of the traffic volume made up of motorcycles, passenger cars, vans and pickup trucks. Bus: Percentage of the traffic volume made up of }cusses. 2Axle Truck: Percentage of the traffic volume made up of 2 axle single unit trucks (not including pickups and vans). 3 +Axle Truck: Percentage of the traffic volume made up of single unit trucks with three or more axles. 1 Trail Truck: Percentage of the traffic volume made up of units with a single trailer. 2Trail Truck: Percentage of the traffic volume made up of units with more than one trailer. QC: Quality of Classification Data: A Average of Complete Continuous Count Data B Average of Selected Continuous Count Data C Short Term Classified Traffic {Count Data F Factored Short Term Traffic Count Data H Historical Estimate M Mass Collective Average N Classification Estimates of5imilarNeighborine Traffic Link K Factor: The estimate of the portion of the traffic volume traveling during the peak hour or design hour. QK: Quality of the K Factor estimate: A Factor based on 30fli Highest Hour Observed During at least 250 days of Continuous 'Traffic Data B Factor based on other Hour Observed During Less than 250 days of Continuous Traffic Data F Factor based on Highest Hour Collected at in a 48 Hour Weekday Period M Factor based on Manual Estimate of design hour N Design Hour Factor (K Factor) of Similar Neighboring Traffic Link O Provided by External Source Dir Factor: The estimate of the portion of the traffic volume traveling in the peak direction during the peak hour.. AAWDT: Average Annual Weekday Traffic. The estimate of typical traffic over the period of one year for the days between Monday through Thursday inclusive, QW: Quality of AAWDT: A Average of Complete Continuous Count Data B Average of Selected Continuous Count Data F Factored Short Term. Traffic Count Data G Factored Short Term Traffic Count Data with growth Element M Manual Uncounted Estimate N AAWDT of Similar Neighboring Traffic Link d Provided by External Source Year: Year for which the published values are appropriate:. If the Quality of AADT (QA) is "R ", the year is the year that the raw traffic count was collected., and if available, Route Shield Legend Special Routes Bus Bus - Business Route 9 Bvpas - Bvoass Route Truck - Truck Route ALT ALT - Alternate Route ?�o Wve Wve Route connecter �1 P - Parallel Route: Southbound or Westbound direction lanes of a numbered route where they are on a different road facility than the other direction. �} The VCS ©T M aintainen an re Jurisdiction number is displayed below the Secondary Route Number if the Maintenance Jurisdiction is different than thejurisdiction in the We of the report. Route Systems North Traffic volume data for Interstate Routes and some other routes are 81 Interstate Route reported separately by direction, as well as combined. 2s U5 Route ,�7 Virginia State Route 2aa Frontage Road (F orecedes frontage route number) 8(}0 SeCondary Route Special Routes Bus Bus - Business Route 9 Bvpas - Bvoass Route Truck - Truck Route ALT ALT - Alternate Route ?�o Wve Wve Route connecter �1 P - Parallel Route: Southbound or Westbound direction lanes of a numbered route where they are on a different road facility than the other direction. �} The VCS ©T M aintainen an re Jurisdiction number is displayed below the Secondary Route Number if the Maintenance Jurisdiction is different than thejurisdiction in the We of the report. Virginia Department of Transportation Traffic Enaineerina Division 2011 Annual Average Dai IV Traffic Volume Estimates By Section of Route Frederick Maintenance Area Route FZCdrrijrkCpunty Length AADT CIA 4Tire Bus ----- 2Axle 3+A)de iTrail 2TrajI QC K QK Dir Factor Factor AAVVDT QW Year I 17e to Eud as Garber Lane 0.24 610 R NA NA 0412912008 Dead End 34-665 Wavcrlv Rd o gas Michael Dr 0,40 70 R NA NA 05120/2008 Dead End 34-671 Ccdu Ili I I Rd 0.46 10 R NA NA 0512812008 Dead End 34-735 Salem Church Rd Fats 0.10 20 R NA NA 0411012008 Dead End Dead End Lenoir Dr 0,59 6700 IN NA NA 05108/2008 3 4-361 McGhee Rd m 34 -861, Lenoir Dr McGhee Rd 0.28 6700 R NA NA 0510812008 34-661 Welltown Rd US 11 Mamnsburg Pike 0.02 490 R NA NA 05/0812008 Dead End 34-739 Apple Pit Ridge Rd 0.34 240 R NA NA 05/0812008 1.1 Dead End F US 11 Valle Pike Amoco Lane 0-20 410 R NA NA 051 15/2008 Dead End 34-62S.Middle Rd 0,08 20 R NA NA 0511512008 Dead End 34-621 Memrnwis Lane Gordon Lane 0.14 45 R NA IqA 0511312008 Dead Fnd Dead End Bunchanan Dr 0.12 460 R NA NA 05/1 312008 7.1 US 522 Front Royal Pike Fr— I US 522 Front Roval Pike Westmoreland Dr 0.08 190 R NA NA 0412412008 Dead End Sbcoandoah Cauniy L ine Zepp Rd 0.70 270 R NA NA 05/21/2008 34-601 Paddys Cnve Lane Oates Rd 2.39 270 R NA NA 0512112008 34-604 S. Gmval Spnne Rd Pifer Rd 1-20 49 R NA NA 0512112008 f 34-603 Brill Rd Pifer Rd 0-90 m 270 R NA NA 05121/2008 SR 55 Wardensbury, Pike SR 55 Wardenwille Pike Pifer Rd 2-65 540 NA MA 0811612005 R 34-609 S, Wardensville Grade 34-609S,PiferRd Wardensvi[le Grade 0.60 690 F 97% 1% 1% 1% 0% 0% F 0.118 F 720 F 2011 cr 34-604 N. Stu T cry Rd Wardensville Grade 0,10 740 F 97% 1% 1% 1% 0% 0% F 0-117 F 7 F 2011 T.111 34-608,N. Back Mountain Rd I 4)2612012 21 Virginia Deoartment of Transoortation Traffic Enflineerina Division 2011 Annual Average Dailv Traffic Volume Estimates By Section of Route Frederick Maintenance Area Route Length AAI3T QA 4T1re Bus 2A7de 3 +Axle Trail 2Trall QC Factor C�K Facl 4AWDT QW Year Factor 4!2$12012 22 34-608 N, WardensviIle Grade 600 Back Mountain Rd 3.98 1800 F 97% 1 % 1% 1 % 0% 0% F 0.108 F 1900 F 2011 - 600 Back Mountain Rd 0.70 1800 F 87% 1 % 1 % 1 % 0% 0% F 0.093 F 1800 F 2011 34 -612 S. Fishel Rd 600 Back Mountain Rd 1.00 mt 1900 F 97 % 1% 1% 1% 0% 0% C 0.09 F 2000 F 2011 34 -612 N, Back Rides Rd 600 Back Mountain Rd 3.00 3700 F 97% 1% 1% 1% 0% 0% F 0.094 F 3900 F 2011 34 -614. I-Ia4c1d Rd 34-614 Back Nlountrun Rd 600 Hayfield Rd 2 -30 900 R NA NA 0610312008 eS 5u i ior d `nn eszern Puce 806 Hayfield Rd 0.70 1700 F 94`",6 4% 2% 1 % 0% 0% C 0.116 F 1700 F 2011 34- 6791ndim Hollow Rd 600 Hayfield Rd 100 1000 F 94% 4% 2% 1 % 0% 0% F 0.097 F 1000 F 2011 34-6845. Gaineshom Rd 34 -694 N, Garneshom Rd 60p Siler Rd 0.28 190 F 94% 4% 2% 1 % 0% 0% F 0.128 F 200 F 2011 L'S 522 Fredmick Pike N 600 Slier Rd 2,18 750 F 97% 2% 1% 0% 0% 0% C 0.105 F ?70 F 2011 r 34-689 S. Adams Rd B00 Siler Rd 4.29 „m.. 760 R NA NA 08!0212005 ties 34v7u riov,atds Cha i rcd — — - 600 Brush Creek Rd 2.87 730 R NA NA 0512812008 34b92 "w,. Chapel dill Rd 600 Morgan Frederick Grade 170 100 R NA NA 05128/2008 34 -694 Reynolds Rd Fr ^ 34.694 Morgan Frederick Gm&- 800 Reynolds Rd 1.80 840 R NA 14A 08102/2005 West ViL&oa State Line rr — . Dead End 601 Paddys Cove Lane 0.50 30 R NA NA 0512112008 '° ;4 -600 Vance Rd Oates Rd Shenandoah CounN Litre 802 Paddys Run Rd 2.38 30 R NA NA 0512112.008 34 -600 Vance Rd Oates Rd Fmm 34-04 Gravel Springs Rd 603 Brill Rd 0.70 180 R NA NA 05/2112008 .,�,; 34 -6170 Pifer Rd 603 Brill Rd 1.00 40 R NA NA 05121/2008 SR 55 W ardensville Pike F "" 34-600 S. Pifer Rd: Vane RA- Gates Rd gp4 Gravel Springs Rd 2.00 370 R NA NA 05/21/2008 SR 55 Wardc=iIIt: Pike 604 Star Tannery Rd 3.69 60 R NA NA 05!2.112008 34 -600 N. Back Mountaut Rd West Virginia State Line. 605 Fairview Church Rd 0.50 s0 R NA NA 08103/2008 34 -733 Fairview Rd F' I Shenandoah Counry Ltnc 606 Mtr1 Falls Rd 2,90 110 R NA NA 05/21/2008 T °. i4 -ri00; 34-508 s °m I Dead End 807 heishrnan Lane 0.78 150 R NA NA 05/2112008 34.600 Back Mtn Rd 4!2$12012 22 Virginia Department of Transportation Traffic Engineering Division 2011 Annual Average Dailv Traffic Volume Estimates By Section of Route Frederick Maintenance Area 412612012 23 ---Truck---- K Dlr Route Length AADT QA 4Tire Bus QC Olt AAWDT QW Year 2A)de 3+A)de 1Trail 2Trail Factor Factor Fri-di-6yk Caunry r—I SR 55 Wardemville. Pike WardenwJle Grade 2.46 150 R NA NA 0512112008 Wardensville Grade 0.11 180 R NA NA 0512112008 F: 34-600 S. Pifer Rd 34 -600 N; 34-606 Wardens%Alle Grade 4.50 290 R NA NA 08111/2005 Wardensville Grade 3.23 770 F 97% 1% 1% 0% 0% 0% F 0.108 F 790 F 2011 34-616 S. 34-619 Wardensville Grade 2.83 1300 ID F 97% 1% 1% 0% 0% 0% C 0.104 F F 2011 US 50 S. Nordimelll Pike US 50 N, NorthATsrern Pike Dicks Hollow Rd 2,30 390 F 97% 1% 1% 0% 0% 0% F 0,119 F 400 F 2011 34 -679 W. Indian Holio- Rd 34-679 E, Indian Rd Old Bethel Church Rd 2.96 410 R - Ho - Ilow NA NA 05/0812008 /2008 US 522 S. Frederick Pike N,,Th US 522 N, Frederick Pike North Hunting Ridge Rd 3,87 630 R NA NA 05128/2008 F , 34-682 Glaze orchard Rd - Hunting Ridge Rd 2.44 " 100 R NA NA 05128/2008 34-681 Cbesmui Grove Rd SR 55 Warders illc Pike Capon Springs Grade 1.04 160 R NA NA 05/21/2008 Wesi Virginia Stale LwL Muse Rd 230 100 R NA NA 06103/2008 T.F 34-707 E. Hallow Rd 34-707 W, Hollow Rd Muse Rd 1.50 410 R NA NA 08109/2005 US 50 Nordiweswrn Pikv. 14-600 lhvk NItn Rd White Rd 0.80 so R NA NA 0610312008 34-612 Fishol. Rd Dead I-Trid Mount Williams Lane 0,38 80 R NA NA 0512112008 F S, Wardensville Grade 34-609 N, Wardensville, Grade Fishel Rd 1.60 340 R NA NA 0610312008 34-6N S. Back:vlowtmn Pd Fishel Rd 1.35 40 R NA NA 0610312008 T" Back Rid Rd & Fishel Rd Back Ridge Rd 025 30 R NA NA 0811112008 34-600 N- Back MoLmum Rd Dead End Bowman Lane 0.10 1700 R NA NA 0610312008 34-600 Back Min Rd 34-600 liavfield Rd- Bask Mount= Rd Back Mountain Rd 2.06 4600 F 99% 0% 0% 0% 0% 0% C 0 .096 F 4800 F 2011 T, LS 50 Northwuimi Pike r—.I 3"00 Hayfield Rd Mount Olive Rd 0.73 40 R NA NA 06103121008 0.73 ME 3•-600 1 Mount Olive Rd 0.16 60 R NA NA 0610312008 I US 50 Northwescm Pike 412612012 23 Virginia Department of Transoortation Traffic Enoineerino Division 2011 Annum Average Daily Traffic Volume Estimates By Section of Route Frederick Maintenance Area 4/2612912 24 l r Route Length AApT QA 47ire Bus CC 4K AAWDT C1W Year 2AAe 3 +Axle Trail 2Trail Factor Fac EredgriekConntv 34-618 Gou r Rd 516 Whissens Ridge Rd 1.04 50 R NA NA 05/2112008 ►. as nry �4 I s gib Whissens Ridge Rd 1.46 _ 290 R NA NA 05121/2008 34-608 S. WerdussviIle Grade 34-608 MID Wardensville Grade 616 McDonald Rd 0.44 150 R NA NA 05!0312008 0.44 MN 34-608 g15 McDonald Rd 1.54 580 R NA NA 0610312008 r ,,, m 34 -748 Zei r 7h 516 McDonald Rd 0.32 950 R NA NA 06/30/2005 34-603 N, WardcnnUc Carndc } West Virpnia Stare Line gl Pinetaq Rd 2.10 30 Fi NA NA 06103/2008 34 -7U4 Sack Crack Rd F" 34 -622 Cedar Creek Grade g1g Gough Rd 1.90 100 R NA NA 05/21/2008 34-616 Whissens Ridge Rd 518 Gough Rd 1.40 90 R NA NA 05/2112008 Uj 34 -6178 Wardensville Grade — 34-66 Cedar Creek Grade 61g Perry Rd 3.30 530 R NA VA 98111/2005 34-6D8 Wsrdensville Grade Tm 1 34-622 Ceder Creek Grade 526 Miller Rd; Singhass Rd 3.80 620 R NA NA 05/1312008 34 -803 Round Hill Rd h r 34 -628 tufiddle Rd 621 Jones Rd 1.95 2700 R NA NA 06/30/2005 rRd., 34 -622 Cedar Creek Rd 521 Merrimans Lane 1.88 1600 R INA NA 05/1312008 1.1 WCL Wmehester r Shenandoah Counry Line 622 Minedank Rd 2,20 200 R NA NA 0811612005 34-627 W. ChWI Rxi 34-527 E. Chapel Rd 622 Minebank Rd 0,56 520 R NA NA G4110/2008 34-629 W, Middle Rd 34-628 F. Middle Rd 522 Cedar Creek Grade 1 07 260 R -- NA NA 08/15/2095 lmm M I'm m ans Rd 622 Cedar Creek Grade 252 670 R NA NA 08/11/2008 34 -61.8 Gough Rd 522 Cedar Creek Grade 0.96 830 F 98% 1% 0% 1% 0% 0% F 0.109 F 870 F 2011 a 34 -732 Barley Lane 622 Cedar Creek Grade 145 900 F 98% 1 0% 1% 0% 0% F 0.109 F 930 F 2011 34-619 Peov Rd 522 Cedar Creek Grade 1.09 1500 F 98% 1% 0% 1% 0% 0% C 0.118 F 1600 F 2011 . 34-620 Miller Rd 522 Cedar Creek Grade 1.54 ® 2000 F 98% 1 % 0% 1% 0% 0% F 0.114 F 2100 F 2011 h ; 34-621 Merri La= Jones Rd 6 Cedar Creek Grade 0.39 4800 F 98% 0% 1% 0% 0% 0% C 0.085 F 5000 F 2011 SR 37 822 Cedar Creek Grade 1.03 13000 F 98% 0% 1% 0% 0% 0% F 01.099 F 14000 F 2011 r • WCl Winehesler 4/2612912 24 2001 Virginia Department of Transportation Daily Traffic Volumes Including Vehicle Classification Estimates where available Jurisdiction Deport 4 Frederick County City of Winchester Town of Middletown Town of Steohens Ch Virginia Department of Transportation Traffic Engineering Division Traffic Monitoring Section The Virginia Department of Transportation (VDOT) conducts a program where traffic count data are gathered from sensors in or along streets and highways and other sources. From these data, estimates of the average number of vehicles that traveled each segment of road are calculated. VDOT periodically publishes booklets listing these estimates. One of these booklets includes a list of all Interstate and Primary highway segments with the estimated Annual Average Daily Traffic (AADT). AADT is the total annual traffic estimate divided by the number of days in the year. This boob is titled "Average Daily Traffic Volumes on Interstate, Arterial and Primary Routes ". The second booklet includes the same information as the first, along with some additional information such as an estimate of the percentage of the AADT made up by 6 different vehicle types, ranging from cars to double trailer trucks. This booklet also includes the estimated Annual Average Weekday Traffic (AAWDT), which is the number of vehicles estimated to have traveled the segment of highway during a 24 hour weekday averaged over the year; and a "Design Hour' estimate which is a value used by planners to formulate design criteria. This book is titled "Average Daily Traffic Volumes with Vehicle Classification Data, on Interstate, Arterial and Primary Routes ". Both of the Interstate and Primary booklets mentioned above include a number of reports summarizing the average Vehicle Miles Traveled (VMT) in selected jurisdictions and other categories of highways. There are many different ways to present traffic volume summary information. Because the user determines the value of each presentation, the booklet has been redesigned based on user requests and feedback. The people at VDOT Traffic Engineering's Traffic Monitoring Section who produce these books welcome requests for other helpful ways of presenting the summary information. In addition to the two annual publications, one hundred books are published periodically, one for each o €100 areas across the state defined by VDOT for record - keeping purposes. These books include traffic volume estimates for all roads within the county, cities, and towns within the area. These books are titled "Daily Traffic Volumes Including Vehicle Classification Estimates, where available, Jurisdiction Deport numbers 00 through 99 ". Available this year is a compact disc (CD) that includes files in the Adobeg Portable Document Format (PDF) that can be displayed, searched, and printed using common desktop computer equipment. One disc will include both Primary and Interstate publications as well as each of the 100 Jurisdiction Reports. The CD will also include a number of summary reports not available in the printed version. Publication Notes Parallel Roads For road inventory and management purposes, some roadways are counted separately by direction and have separately published traffic estimates for each direction of travel. Examples of such roadways are the interstate system and routes with separated facilities and (usually) one -way traffic facilities in urban areas. In these publications, they are referred to as parallel roads. As a convenience for the users of the publication, the listing for segments of roads with parallel segments are published with both the traffic estimates for their own direction of travel (e.g. I -95 Northbound) as well as the estimate of the total of al: traffic on the same route including parallel roadways (all directions of I -95). The publication will have a "Combined Traffic Estimates for Parallel Roadways on this Route" or '`Combined Traffic" identifiers for the combined direction of travel estimates. Roadways such as I -395 with a North segment, a South segment and a separate Reversible lane segment will have the estimate for more than two parallel roadways included in the entire combined traffic estimate. Some routes have very complicated paths through cities and towns. These parallel paths may be too complex to allow a relationship between nearby sections of the opposite direction on the same route. In this case ro indicate that the traffic estimates for such a road segment may not include all directions of traffic on that route, the line that would list the combined values will indicate "NA" for not available. VDOT's traffic monitoring program includes more than 108,000 segments of roads and highways ranging from several mile sections of Interstate highways to very short sections of city streets. Due to problems experienced obtaining some traffic count data, and the level of quality necessary to maintain confidence in the data, no estimate is currently available for some segments of roadway. These segments are included in the publications indicating "NA" for not available. It is the intention of the VDOT's Traffic Engineering Traffic Monitoring group to obtain the data necessary and to report traffic volume estimates on all road segments included in these publications. Many of the road segments in this program are local secondary roads, The amount and detail of data collected on these roads are not as great as the data collected on higher volume roads, The vehicle classification, average weekday traffic volumes, and the theoretical design hour traffic volumes are not calculated for these roads. The publications indicate "NA" for the information that is not available. This publication is based on a traffic monitoring program initiated in 1997. Because the data collection techniques and statistical evaluation processes are different than those used in previous years, comparison with previous publications may be misleading. Glossary of Terms: Route: The Route Number assigned to this segment of roadway with the master inventory route number if this is an overlapping route, with Official street or highway name if available. Length: Length of the traffic segment in miles. AADT: Annual Average Daily Traffic. The estimate of typical daily traffic on a road segment for all days of the week, Sunday through Saturday, over the period of one year. QA: Quality of AADT: A Average of Complete Continuous Count Data B Average of Selected Continuous Count Data F Factored Short Term Traffic Count Data G Factored Short Term Traffic Count Data with Growth Element H Historical Estimate M Manual Uncounted Estimate N AADT of Similar Neighboring Traffic !_ink 0 Provided By External Source R Raw Traffic Count, Unfactored 4Tire: Percentage of the traffic volume made up of motorcycles, passenger cars, vans and pickup trucks. Bus: Percentage of the traffic volume made up of busses. 2Axle Truck: Percentage of the traffic volume made up of 2 axle single unit trucks (not including pickups and vans)_ 3 +Axle Truck: Percentage of the traffic volume made up of single unit trucks with three or more axles_ 1 Trail Truck: Percentage of the traffic volume made up of units with a single trailer. 2Trail Truck: Percentage of the traffic volume made up of units with more than one trailer. QC: Quality of Classification Data: A Average of Complete Continuous Count Data B Average of Selected Continuous Count Data C Short Term Classified Traffic Count Data F Factored Short Term Traffic Count Data H Historical Estimate M Mass Collective Average N Classification Estimates of Similar Neighboring Traffic Link Design Hour: The estimate of the traffic volume for zhe 30` highest traffic volume occurring in a one -year period. QK: Quality of the Design Hour estimate: A 30th Highest Hour Observed during 12 Months of Continuous Traffic Data B 30th Highest Hour Observed During Less than 12 Months of Continuous Traffic Data F Factored Highest Hour Collected at in a 48 Hour Weekday Period G Factored Highest Hour Collected at in a 48 Hour Weekday Period with Growth Element M Manual Estimate of 30th Highest Hour N Design Hour of Similar Neighboring Traffic Link 0 Provided by External Source AAWDT: Average Annual Weekday Traffic. The estimate of typical traffic over the period of one year for the days between Monday through Thursday. QW: Quality of AAWDT: A Average of Complete Continuous Count Data S Average of Selected Continuous Count Data F Factored Short Term - raffic Count Data G Factored Short Term Traffic Count Data with Growth Element M Manual Uncounted Estimate N AAWDT of Similar Neighboring Traffic Link 0 Provided by External Source Year: Year for which the published values are appropriate. If the Quality of AADT (QA) is "R ", the year is the year that the raw traffic count was collected, and if available, the actual date that the count was obtained is provided. All other AADT data are factored to be accurate for the year of the report. Route Shield Legend Route Systems North Traffic volume data for Interstate Routes and some other routes are 81 Interstate Route reported separately by direction, as well as combined. 29 US Route Viroinia State Route 6�t7 Secondary Route Special Routes Bus Bus - Business Route g Bvoas - Bwass Route Truck - Truck Route ALT ALT - Alternate Route Wye - W ye Route connector } P - Parallel Route; Southbound or Wastbound direction lanes of a numbered route where they are on a different road facillty than the other direction. fi The VDOT Ma intai n en an ce Jurisdiction number is displayed below the Secondary Route number if the Maintenance Jurisdiction Is different than the jurisdiction in the tltie of the report. Virginia Department of Transportation Traffic Enqineerinq Division 2001 Annual Averaae Daily Traffic Volume Estimates By Section of Haute Frederick Maintenance Area 819120/32 --- Truck------------- ---- -- Design Route Length AADT QA 4Tire Bus CIC QK AAWDT QW Year 2Axle�3 +Axle lfirail 2Trail Hour _ 14-6LI4 SCS111H 500 1,20 30 R NA NA 1999 r� 3 641.'1 500 0.90 244 R NA NA 1993 Imrr S tC = ] 500 2,65 360 R NA NA 1999 Fran.. 34 -600 SOUT 5dO 0,60 490 G NA 490 G 2041 3°1-()1'14 NORTH ' &p{1 4.08 880 G NA 880 G 2001 fi00 0.70 940 G NA 940 G 2001 r�. 34- iii" SGu i i-i 500 1.00 1300 G NA 1300 G 2001 a� 34-612 NORTH gOp 3,00 2600 G 96% 0% 2% 0 % 1% 0% C NA 2300 G 2001 F , .. 34-6[4 fiOO 2.30 340 R NA NA 1993 US 50 5C1O 070 9700 G 94% 1 % 3% 1% 0% O% C NA 1740 G 2001 34 -679 Bpp 30O 910 G 94% 1% 3 1 0% 0% F NA 920 G 2001 _ 1. _ 34-694 SOUTH F A 34-684 NOR111 500 0.28 280 G 94% 1 % 3% 1 % 0 % 0 %u F NA 280 G 2001 ,t us 1 : 2 604 2.18 750 G NA 750 G 2001 34-689 SOi,TH 800 Siler Road 7.16 530 R NA NA 1999 hzr. 34 -6H3 W'E51' 504 Slier Road 1.70 S0 R NA INA 1993 - 600 Siler Road 1.80 590 fi NA NA 1999 r ° F4'cst 1'irelna Siatc L.inr F 116 Dcad tend &01 Paddys Cave Lane 0.50 30 R NA INA 1993 34-600 F " Shcnu140ah CnuntV Law 502 Paddys Run Road 2.38 30 R NA NA 1999 r' 34-tiaa 34 -604 d3 Brill Road 0,70 990 R NA NA 1993 ri_Y. 34 -o`il� fip Brill Road 1.00 40 R NA NA 1999 SR 55 34 -600 SOUTH 604 Gravel Springs Road 2.00 240 R IAA NA 1993 804 Gravel Springs Road 3.69 50 R NA INA 1999 34-600 N{]RTH West Virpma State Line fip5 Fairview Church Ron 0.50 30 R NA NA 1993 rn 34.73 819120/32 Virginia Department of Transportation Traffic Engineedna Division 2001 Annual Averaae Dailv Traffic Volume Estimates By Section of Route Frederick Maintenance Area Route Length AADT QA 4Tire Bus —Truck CC Design QK AAWDT QW Year 2Axle 3 +Axle 1Trail 2Traii Hour 819/2002 10 -' Shmandooh Coum y !,iris 606 Mountain Fails Rcad 2.90 80 R NA PEA 1999 346[70: 34-608 Dmad FjO 60 Heishman Lane 0.78 110 R NA NA 1993 3i -e+o1a SR 55 608 2.46 90 R NA NA 1999 l7ni 34-79D _ 608 0.11 160 R NA NA 1993 F^ 34 -500 SOUTH _ 34 -6DO N; 34.606 608 4.60 244 R � NA NA 1999 34-612 SOUTH 608 3.23 660 G 96% 0 %n 2% 1% 1 % 0 %v F NA 6610 G 2001 "t 34 -616 S..34 -619 608 2.83 1000 G 96% 0% 2% 1% 1% 0% C NA 1 300 G 2001 US 50 SOUTH — - °n "" US 50 NORT 608 2.30 470 G 96% 0% 2% 1% 1% 0% F NA 470 G 2001 _ _ 34-579 WEST - - 34 -679 EAST 6fl8 2.96 110 R NA NA 1993 Ls 522 SOUTH us 522 NOPTH fi0g 3.87 500 R NA NA 1993 34662 608 2.44 90 R NA NA 1993 34 -661 SR 55 609 Capon Springs Grade 1.04 70 R NA NA 1999 r4 Nest Virg inia Stam Ling T � West virgima state Line 610 Muse Road 2.30 90 R NA NA 1993 T" 34 -707 EAST 34.707 WEST Muse Road 1.50 230 R NA NA 1999 US 54 34-500 61i White Road 0.80 30 R NA NA 1993 34.612 Dcad Ent! 612 'Back Ridge Road 0.38 90 R NA NA 1999 ! Frsi. 34.60ii - 612 Back Ridge toad 1.60 180 R NA NA 1993 F;,s 34_roo s�ln H 612 Back !Ridge Road 1.60 20 R NA NA 1999 346no NartTFi ° Dead End 613 Bowman Lane 0.10 770 R NA NA 1993 34 -500 vma 34 -600 614 2.06 3200 G 97% 0 % 1% 1% 1% 0% C NA 3230 G 2001 Us 517 34.600 fi1g Mount Olive Road 0.73 30 R NA NA 1999 r ". 0-73E 34.500 819/2002 10 Frederick County Proposed Truck i Restriction Routes Aug 2013' Proposed Restricted Routes Rt 600 13.5 m i Rt 608 13.7 m i 0 '**,/ Proposed Alternative Routes Rt 600 to Rt 622 (via Rt 37) 26.5 mi Rt 600 to 181 34.8 mi ® Rt 608 to Rt 622 (via Rt 37) 23.9 mi Rt 608 to 181 32.2 mi t7 J ' y Fl a F Winchester I " . /z� 1. 5 t i 1 Middl !_ � 22 37 X, r� 37 f.. r I I I o 1 z 4 Md.. I I a�E Watch For Children Sign Program "Watch for Children" Signs are warning signs placed on the roadway intended to warn motorists that children may be at play nearby. These signs are provided for in § 33.1 - 2101.2 of the Cade of Virginia. The code was amended effective July 1, 2012 to provide that a county or town may undertake the installation and maintenance of such signs by entering into an agreement with the Commissioner. Previously the Cour.ty or Town initiated the installation of these signs through a request by resolution to the Commissioner of VDOT. That process is no longer an option. In accordance with the revised statute; 1. A County or Town may initiate the installation of these signs only by entering into an agreement with VDOT that specifies the locations of the signs. 2. The county or town is solely responsible for the purchase, installation and maintenance of the signs and must pay all associated costs. 3. Secondary roadway construction or maintenance funds or any other VDOT monies may not be used to pay for such signs. 4. VDOT may not install these signs on behalf of a county or town. 5. The process prescribed in the previous statute whereby a County or Town could request. by resolution that VDOT install these sign(s) is no longer an option. The signs may be installed only where the statutory or posted speed limit is 35 mph or less at major entry points within a subdivision or at the major approach(s) to a residential development not within a subdivision. The new signs will be notable by their green color. The previous signs were yellow. Maintenance of existing (yellow) W15 -V1 signs installed by VOOT remain the responsibility of VDOT. The document found 'here includes the form to be used for and agreements and includes guidance regarding the process and requirements for installing these signs. For further information see Frequently asked questions Frequently Asked Questions Watch for Children Sign Program Now does a county or town request "Watch for Children" signs? The County or Town should contact their local VDOT representative for full details and guidance A County or Town may initiate the installation of these signs only by entering into an agreement with VDOT that specifies the locations of the signs. The county or town is solely responsible for the purchase, installation and maintenance of the signs and must pay all associated costs.. The Count; or Town should contact their local V'DOT representative to obtain the appropriate documents Theoption to request that VDOT install and/or pay for and maintain such signs is no longer available. Where are "Watch for Children" signs installed? Generally, the signs are most often installed within a residential subdivision with a single sign installed at major entry points to the residential area. How is the program funded? Funding for the purchase, installation and maintenance of the signs must come from monies provided solely by a county or town_ Secondary roadway construction or maintenance funds cr any other VDOT monies may not be used to pay for such signs. Transportation Synthesis Report RESEARCH & LIBRARY SERVICES researebodot.state.wi ms Effectiveness of "Children at Play" Warning Signs f repared for Bureau of Highway Operations Traffic Engineering Section, Traffic Design Unit Prepared by iCTC & Associates LLC WisDOT Research & Lihrary Unit September 25, 2007 Transportation Synthesis Reports are brief summaries of currently available information on topic,, of interest to WisDOT staff throughout the department. Online and print sources for TSRs include NCHRP and other TRB programs, AASNT0, the research and practices of other transportation agencies, and related academic and industry research. Internet hyperhnks in Ms are active at the time of publication, but changes on the frost server can make them obsolete. To request to TSR, e -mail researchfiudot.slate -wi. us or call (508) 251 -8198. Reguest for Report WisDOT is engaged in an effort to reevaluate and update its policies regarding roadside warning signs related to children, such as "Children at Play." "Blind Child," "Deaf Child," etc. We were asked to review research on the effectiveness of these types ofsigns to better ground WisDOT's policy decision. Summary There: s no evidence that special warning signs of this sort reduce driver speeds or crash rates. This is the unanimous conclusion of the many credible sources we located on this topic. This claim is supplemented by a number of often -cited "common sense" observations that such signs do not give clear and enforceable guidance to drivers, ; provide a false sense of security to parents and children that may increase risk, expose the government to liability, give the faire impression that areas withou_ such signs do not have children, represent an unnecessary cast that then propagates as additional signs are requested and violate the principle that signage should be based on engineering not political, decision making. These arguments are used most frequently against Children at Play signs, and many of them —such as the arguments that CAP signs encourage playing in the street and that if in one location with children they should properly be in all locations —do not apply to Deaf Child, Blind Child, Handicapped Child or Autistic Child signs. These latter signs receive much less explicit discussion in the sources we located. The National Research and Guidelines section of this TSR presents positions on child - related traffic warning signs with papers by U.S. DOT, FHWA, NCHRP and the institute of Transportation Engineers. Though these all discourage the use of such signs, none of thetas cites specific research demonstrating that these signs are ineffective, and one source, the 1TE Design and Safety of Pedestrian Facilities entry below. implies that no such studies exist, stating that "No accident -based studies have been able to determine the effectiveness of warning signs." State and Local Research and Practices contains a brief representative sampling of state and local positions on this topic. While many areas snake use of these signs, we located no explicit defenses on engineering grounds for their use. A common theme is the ongoing struggle to explain to members of the public that their requests for these types of signs are based on faulty assumptions about their effectiveness. Many of the sources we locatcd refer generically to multiple "studies" that have shown special warning signs to be ineffective, but despite extensive research we were unable to identify any specific projects meeting this description. National Research and Guidelines FHWA Manual on Liniform Traffic Control Devices (2004) http:/ I: nutcd .fh�va.dat.gov /kno- niiiiennium 46.14.01 _htm A search of the MUT'CD found no instances of "CAP," "watch for children," "slow children," "blind chi id" or "deaf" Related guidance includes the following: • From Section 20.02, Application of Warning Signs ( http: /Imutcd.fltwa. dot. govl HTVI/ 2003rI/ part2 /part2c.htmllsection2CO2] "The use of warning signs should be kept to a minimum as the unnecessary use of warning signs tends to breed disrespect for all signs." • From Section 2H.03, Regulatory and 'Warning Signs (htip. //mulcd.fhwa. dot. gc) v/ HTM/ ?403rl/ part2 /pALI=)h.htm#section2HO3 "All regulatory and warning signs installed on public roads and streets within recreational and cultural interest areas shall conform to the requirements of Chapters 2A, 213, and 2C" (the chapters on general, regulatory and warning signs). • CAP or other message signs are not specifically prohibited as long as they conform to the standard shape (diamond) and colors (black letters on yellow background) and as long, as no symbols are used. Some state - specific MUTCD supplements (such as in New York) present the option of a CAP or similar sign. Institute of Transportation Engineers: Traffic Control Devices Handbook (200 1) Paper copies are available from the YYisDOT library . Page 444 states that "Agencies should avoid the use of CAUTION _ CHILDREN AT PLAY or SLOW CHILDREN nonstandard signs since such signs may imply `that the involvedjurisdiction approves of streets as playgrounds, which may result in the jurisdiction being vulnerable to tort liability. "' ("T"his quote is reproduced and expanded in FhrWA Course on Bicycle and Pedestrian Transportation: Pedestrian Signing, and Pavement Markings at http :l /safciy.fhwa. dot. gov /ped bike /univcourselswlessI4.htrn To determine the original research basis for these claims, we noted that this source cites ITE's Design and Safety of Pedestrian Facilities (below) for the claim that using CAP signs "may result in the jurisdiction being vulnerable to tort liability," whereas this latter source, in its comments on CAP signs, refers back to this one. Page 444 also states that "there are conditions where selected traffic control devices may be considered, such as around parks, or conditions where children may have disabilities and drivers need to take extra care." This implies that Blind /Deaf/Handicapped/Autistic Child signs may be appropriate in some circumstances, though no evidence is cited on the effectiveness of these devices. ITE: Design and Safety of Pedestrian Facilities (1998) http: / /safety.fhwa. dot. gov /PEl]_B1KE /docs /designsafet .pdF Chapter 4, Pedestrian and Motorist Signing, states (page 42 of the PDF): "No accident -based studies have been able to determine the effectiveness of warning signs. However, this is understandable because of the complex nature of events Ieading into each accident." Of the 41 agencies responding to a questionnaire used in preparing this report, four reported that "all types of pedestrian - related signs and pavement stencils were helpful," while some agencies "responded that they use these devices in the hope that they will provide some benefit to pedestrians." (See page 39 of the PDF.) Also an page 39: "Signs should only be installed when they fulfill a need based on an engineering study or engineering judgment. In general, signs are often ineffective in modifying driver behavior,, and overuse of signs breeds disrespect and diminishes effectiveness. Unnecessary signs and posts represent a hazard to errant motorists and may cause an obstruction to pedestrians and bicyclists. Furthermore, unnecessary signs are a waste of taxpayer dollars, represent an ongoing maintenance cost, and are a source of visual blight." NCHRP Synthesis of Highway Practice No. 139: Pedestrians and Traffic- Control :'Measures (19 88) Paper copies are available from the P isDOT library. This report, quoting an earlier version of the Traffic Control Devices Handbook than the one listed above, says "Nonuniform signs such as `CAUTION— CHILDREN AT PLAY,' `SLOW— CHILDREN,' or similar legends should not be permitted on any roadway at any time... the removal of any nonstandard sighs should carry a high priority." NCHEtP Synthesis of Highway Practice No. I86. Supplemental Advance Warning Devices (1993) Paper copies are available from the WisDOT libraiy, This report gives examples of numerous related .signs currently in use. A specific example of a CAP sign is given on pages 38 -39: "The device is not considered effective, but installation of the sign satisfied par:nt and political leaders. Generally, the residents and homeowners' organization must pay to have this sign installed. The use of this sign and its variations has been discouraged by many agencies because the message implies that it is acceptable for children to be playing in the street. It is nonstandard due to the use of a symbol not contained in the MUTCD." U.S. DOT Message Points (February H, 2002) .Paper copies are available front the FHWA Please send a request to Frew Ranck fred.ranck@fhwa.dot.gov This communication states U.S. DOT's position on CAP signs, which is to conform to MUTCD standards. Highlights include: • Studies of the effectiveness of CAP signs by ITE, TRI3 and FHWA to date do not demonstrate a reduction in crashes involving children nor a reduction in speeds. (Note: ITE and FHWA stafr were unaware of any studies.) • From an ITE "traffic tips" series that answers residents` commonly asked questions about signs, etc.: "...studies made in cities where (CAP) signs were widely posted in residential areas showed no evidence of having reduced pedestrian crashes or vehicle speed." Several cities report that measured speeds on residential streets experienced no decrease after the installation of CAP warning signs. Further, several cities reported no decrease in the incidence of traffic crashes involving a child hit in the street after the installation of CAP warning signs. Fred Ranck of FHWA also states that "Children at Play" is not an appropriate message for a warning sign, rather "Watch for Children" is an appropriate message consistent with other warning sign messages. State and Local Research and Practices We have included some comments on CAP and other signs by state governments; state DOT research programs, including tech transfer efforts; and communities. Most sources agreed with the information from national sources. We have presented such exceptions as we were able to locate. We did not find any references to research supporting the use of these signs or other cogent arguments against the national stance regarding these signs. "Multiple States More or less identical arguments repeating the national points made above appear in a number of state DDT tech transfer documents, including Massachusetts ( http :i /www.ecs.umass.edu/baystate roads/newsletters/2001 fali.pdf New Hampshire ( http:/ lwww .t2.unh,edu /springO21pg4.html California ( www. techtransfer. berkelev .edu /newslener /Q5- Ilsizns.php and Minnesota (htt2://www.ma4ap.umn,edu/publicatic.ns/exchanp,e/2001 -1 latplay.htm O. This source states that "roost collisions involving children are not actually caused by driver behavior (which this sign has very little demonstrated effect on), but by unsafe, erratic actions by children... The CHILDREN AT PLAY sign may well be understood by kids and families as a suggestion that it is acceptable for children to play in the street, and thus, by producing a false sense of security, be counterproductive. Furthermore, CI D LDREN AT PLAY signs tend to propagate through neighborhoods, popping up on every block that has a child living on it. Signs lose credibility with motorists when they appear too often. Instead of being extra diligent, drivers tend to ignore the signs_ particularly if no children arc playing ncar the CHILDREN AT PLAY signs. When these signs appear too often, they raise questions like: If there is no sign does that mean there are no children present and no need to watch for children ?" Alaska Municipality of Anchorage, Alaska, Traffic Department FAQ http://www.niuni.orp-/traffic/FAO.c fm This FAQ asks: "Are there any guidelines for the installation of Children at Play signs`.?" Alaska DDT answers: "Yes. Children at Play signs are typically posted on neighborhood streets directly located off higher speed roadways" This approach may bypass many of the national arguments against the use of these signs. Colorado /Wyominz 2006 Section Activities Report: Colorado/Wyoming Section of the Institute of Transportation Engineers (2007) htM. // w . ite.orglelected/ Colorado -W yomingO /,D2OSection.pdf This report states that "nonuniform signs such as `Caution — Children at Play,' `Slow- -Children" or similar legends should not be permitted on any roadway at any time," presenting the national reasons and citing the FHW A 1983 Traf rre Control Devices Handbook. According to the ITL Journal, May 1988, "Children at Play signs may make parents feel more secure but they don't work and they carry no enforcement value." Colorado LTAP Newsletter, Spring 2004 http:ll ltag. colorado .edu/newsletter /Ne Spring04,pdf On page 3, this newsletter addresses the Web site question, "What does MUTCD say about `Children at Play' signs ?" It repeats the national arguments and gives the additional argument, drawing from the TR13 repart !l faintenance Management of Street and Highways Signs that deviating from the MUTCD (which does not include Children at Play and similar warning signs) is a bad idea because "about 29 percent of tort liability lawsuits against highway departments are related to traffic signing." Florida Florida Technology Transfer Traffic Information Program Series (TIPS), from the Florida Section (District IU) of the Institute of Transportation Engineers http://mcti Two TIPS are relevant to this TSR: ■ "Won't a Children at lay sign help protect our kids ?" (httn: / /mctrans.uc. till. eduftransportation 'ropiesftips.htm#4 This tip states that "studies made in cities where such signs were widely posted in residential areas show no evidence of having reduced pedestrian crashes, vehicle speed or legal liability. In fact, many types of signs which were installed to warn of normal conditions in residential areas failed to achieve the desired safety benefits, further, if signs encourage parents with children to believe they have an added degree of protection —which the signs do not and cannot provide --a great disservice results, ... Specific warnings for schools, playgrounds, parks and other recreational facilities are available for use where clearly justified." ■ "Why are traffic engineers reluctant to install Deaf Child or Blind Child warning signs ?" (hlV:/,Ii This tip gives the following reasons against using nonstandard, highly specific signs of this sort: • A Deaf Child or Blind Child sign does not describe where the child might be. Most streets within a residential area have children who react in the same way, and each driver must be aware of all children in a neighborhood environment. • These signs provide parents and children with a false sense of security that their children are safe when playing in or near the street. • When the novelty of such a sign wears off. the signs no longer attract the attention of regular passersby. • Unique or unusual warning signs are a target for vandals and souvenir hunters and have a high replacement cast. • Unique message signs have no legal meaning or established precedent for use in basic traffic engineering references. Their use is discouraged because of bath the lack of proven effectiveness and undesirable liability exposure. • Many traffic engineers feel that special warning signs are warranted at a location adjacent to a school for the deaf or for the blind, and have considerably more merit than those at a location where a deaf or blind person may only cross occasionally. Maine 3.6.3 "Special" Warning Signs: "Children At Play," "Deaf Person," "Disabled Person," "Horse Crossing," etc. hiV : / /ww w_niainc . gov /mdot/working- with- dol/section3.php This regulation states that" ... the driving public does not react favorably or positively to these signs in most cases. In the late 1990s, the MaineDOT changed its policy on the installation and maintcnaucc of these signs. It is virtually impossible for the MaineDOT to keep track of every handicapped person, playing child and crossing horse in every town aiong all state roads. Knowing that these signs are generally ineffective, MaineDOT does NOT advise the use of these signs because allowing one sets precedence and generates many more requests and creates a new financial burden on the municipality." Michiaan Speed Control in Residential Areas httR : / /ww /traffic /documents /teir0053.pdf Page 24 of the PDF states: "Special warning signs such as `Children at Play,' `Watch for Children' or others that warn of normal conditions are not effective in reducing speeds in residential areas," among other of the standard national arguments against these signs, It continues: - 'The MMUTCD provides standards for signs warning drivers that they are approaching recreational facilities such as parks and playgrounds. However, there is not enough evidence to determine the effect of these warning signs on vehicle speeds." (Reference: Michigan Department of Transportation and the Michigan State Police, Michigan Manual of Uniform Traffic Control Devices, 1994 edition.) City of Troy, Mich.: "How about a `Children at Play' sign ?" http: / /wtivw.troym i.gov /TrafficEngi nee ringlChi ldren ° /�20at° /`2Op]ay.htm l According to this document, "Studies made in cities around the nation where such signs were widely pasted in residential areas show no evidence of having reduced pedestrian crashes, vehicle speed or legal liability." Accorc ing to research in the City of Troy: "Studies in the City of Troy have also shown very low effectiveness of the sign and therefore have not installed them in the past several years. Before and after studies showed no reduction in speeds." Wnne.nta Frequently Asked Questions, (office of Traffic, Safety and Operations littp: / /www. dot. state. mn. us /trafficeng /fag /fag- Eigaing.htm l Question: "I would like to have a `deaf child/bhnd child /slow children at play' sign installed on my street/highway near my home. How do I get this accomplished ?" Answer: "Mn /DOT does not install this type of sign on state highways since it is not enforceable (it is a warning sign.) and it can lead to a false sense of security, If you are requesting signing on a city street, contact the city offices." North Carolina Traffic Engineering Policies, Practices and Legal Authority Resources NCDOT will install these signs upon receipt of a formal written reques: meeting certain criteria: Blind Child Area Signing: http:// www_ ncdot_ orgldohlpreconstruct /traffscheppUTopies/B -I0 /B 10 p.pdf • Autistic Child Area Signing: http:/ / /'traffic /teppl /Topics/A -I WA- 18 u.odf • Deaf Chiid Area Signing: http:l lwww. ncdot. orgJdoh /preconstruct/trafficiteppl /Topics /D -b21D- 02 p pdf This strategy seems typical of a number ofstates. According to lyttp:liwww.ncdot. ore/ dohlpreconmruct/ tratfic/ teppllTopics /C_05 /C- t15_mm.pdf, "Children Playing warning signs are not approved for use on the state highway system right of way. These signs tend to promote a false sense of security for the children and encourage them to actually play in the roadway, since traffic is warned of their presence." Ohio Slow Children at Play Signs http.fldot.state.oh.us /distl/ planning /TraffieSludies /children at 213N sians.hrm According to this policy, "These signs are not used by Ohio Department of Transportation on the rural state highway system and ODOT discourages others from using them." This text is repeated in the Office of Traffic Engineering Traffic Engineering Manual, page 19 of the PDF: hitp : / /doi.state.oh.us/ trafficl Publicationp /*2OManuals /TEM/Part_02 /paan 02 corn plete%20fb&/o2007200Tp df Virginia. A Look at What Some States are Doing. "Deaf Child Area" Signs Available in Virginia (1988) From AASHTO QUARTERLY, Vol. 67, No. 4, p. 13. Paper copies are available through tha transportation library system. VDOT officials have developed a policy that allows the use of Deaf Child Area warning signs. Parents of hearing- impaired children can request these signs through the VDOT residency for the area where the .sign is desired. The request must be supported by medical certification of the child's hearing loss. The signs will be allowed on nonlimited access roadways of the primary or secondary system. Jurisdictions maintaining their own streets and highways are encouraged to use similar guidelines for the use of these signs. West Vireinia Traffic Engineering Directive 225: "Children at Play" Signing ( 1999) http://wviw.wvdot.com/en2ineerine/Manuals/Traffic/TED/TED225.pd This directive states that "since the other signing alternatives convey to motorists specific regulations or warning or more permanent roadway conditions rather than conditions that may exist at unspecified times, Children Present signs should only be installed after all the other alternatives have been considered." r t a k L � { c- �3 . j F.:• kv r� - fii • ■ :4 (0" APPLICATION FOR OUTDOOR FESTIVAL PERMIT COUNTY OF FREDERICK, VIRGINIA � • ; sus fJ�� � =1 .z. APPLICANT INFORMATION Name of Applicant: Cedar Creek Battlefield Foundation Telephone Number(s): (540) 869 -2064 ❑ home g office c cell ( 465 -5884 Q home A office o cell Address: PO Box 229 Middletown, VA 22645 FESTIVAL EVENT ORGANIZATIONAL INFORMATION F estival E Name of Festival: Reenactment of Battle of Cedar Creek Cost of Admission to Festival: $V 1 - 2 Business License Obtained: o Yes 0 No Start End Maximum No. Estimated No, Date(s) Time Time of Tickets Offered of Attendees For Sale Per Day Per Day 10 / 19 /13 10:00 17:30 3,500 3,500 10/20/13 10:00 16:00 1,500 1,500 Location Address: 8437 Valley Ave, Middletown, VA Owner Name(s): Cedar Creek Battlefield Foundation of Property Address: PO Box 229, Middletown, VA 26645 (*NOTE: Applicant may be required to provide a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival.) Promoter Name(s): Cedar Creek Battlefield Foundation Address: PO Sax 229 Middletown, VA 22645 ( *NOTE: For festivals other than not --for- profit, promoter may need to check with the Frederick County Commissioner of Revenue to determine compliance with county business license requirements; in addition, promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Name(s): Cedar Creek Battlefield Foundation Backer Address: PO Box 229 Middletown, VA 22645 Performer Name of Persons) or Group(s): 'Civil War reenactors, this is a living history event (`NOTE: Applicant may need to update information as performers are booked for festival event.) � • ; sus fJ�� � =1 .z. FESTIVAL EVENT LOGISTICS INFORMATION AND DOCUMENTATION Attach a copy of the printed ticket or badge of admission to the festival, containing the dates) and time(s) of such festival (may be marked as "sample "). 11 copy attached OR 0 copy to be provided as soon as available 2. Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District). Alpine Portable Restroorns to provide sewage disposal Allied Waste to provide dumpsters 3. Provide a plan for providing food, water, and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax health District). Individual food vendors will provide VA Dept of Health permits Water will be provided by Boyers Water Hauling and City of Winchester 4. Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. Middletown Fire and Rescue will be stationed on site during the reenactment 5. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. Midd Fire and Rescue will be stationed on site during the reenactment 6. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted.) Parkin will be on lands either owned or leased by the Cedar Creek Battlefield f=oundation 7. State whether any outdoor lights or lighting will be utilized, DYES A NO if yes, provide a plan or submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties. In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the festival is located. 8. State whether alcoholic beverages will be served, o YES II NO if yes, provide details on horny it will be controlled. (Borg: Evidence of any applicable VA ABC permit must also be provided and posted at the festival as required. Applicant may need to confirm with the VA ABC that a license is not required from that agency in order for festival attendees to bring their own alcoholic beverages to any event that is open to the general public upon payment of the applicable admission fee.) FESTIVAL PROVISIONS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided for more than eight (8) hours in any twenty -four (24) hour period, such twenty -four (24) hour period to be measured from the beginning of the first performance at the festival. B. Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18) years of age shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. (NOTE: It may be necessary to post signs to this effect.) D. The Board, its lawful agents, and /or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordin .Ince. CERTIFICATION I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. Date.: June 20, 2013 THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON - COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS, z I THE BATTLE OF CEDAR CREEK COD October 1 ORIA 2014 a On the original Battlefield, Middletown, VA Gates open and 9:00 AM Saturday and Sunday A Adult: $15.001 Over 65 Students, Active, Duty Military, $8.00 W Presented by CEDAR CREEK BATTLEFIELD FOUNDATION WW W.CCBF.US THE BATTLE OF CEDAR CREED October 1% &'M 201j On the original Battlefield,, Middletown, VA, A Gates open and '9 00 VI Saturday and Sunday Adult: $20.00 / 0 *- er65, - -. St;Aden s,.ActivE Duty Military, $10.00 CEDAR CREE _ n FOUNDATION w xio �i'�.p° •• �.�.t 3 fig 5 - Y -n �9 s r r' 7F - A s r. • r S Y i Ya At AV ru .- k ,. - t.k • I ri :: �: .► rte. �' « i { -- �,.._:, a r _?s� ��° '`•,, f � =•� l"- .ply .. ?� �� "� "� _ • . _ _ r ;. � fi � � ; `� n i J ) j '� 'r1 � i • ,`a ad .e � ,JR �_+Ty # p � �� • sT BOARD OF SUPERVISORS RESOLUTION FISCAL YEAR 2013 -2014 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 9, 2013, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2013 -2014 Budget be Amended to Reflect: Airport Capital Fund Supplemental Appropriation in the Amount of $4,437,906 This Amount Represents the New Projects and Balances for Projects in Progress for Fiscal Year 2013 — 2014 at the Winchester Regional Airport. Upon motion made by _ , the above was Richard C. Shickle Charles S. DeHaven, Jr. Gene E. Fisher Gary A. Lofton Attachment Original: Cheryl B. Shiffler, Finance Director cc: C. William Orndoff, Jr., Treasurer Renny Manuel, Airport Director and seconded by by the following recorded vote: Robert A. Hess Robert W. Wells Christopher E. Collins A COPY TESTE: John R. Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia U: M MresolutionMBudgetAmendm nt(FY2013 -2014B udget- AirportProjects) (09091 3 Bd Mtg). docx COUNTY of FREDERICK. Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667-0370 E -mail: cshiffle@fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: August 22, 2013 SUBJECT: Finance Committee Report and Recommendations The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Thursday, August 22, 2013 at 8:00 a.m. There were meetings with the outside agencies following the Finance Committee meeting, beginning at 9:15 a.m. in the Board of Supervisors meeting room. Member Ron Hottle was absent. The agenda was amended to add item 14. ( Items 3, 5, 6, 7, 8, 9 and 11 were approved under consent agenda. 1. The Department of Social Services requests an FY 2014 General Fund supplemental appropriation in the amount of $50,000. This amount represents a carry forward of FY 2013 funds for Strengthening Families Innovators for Success Council Project ($10,000 State funds) and a new phone system ($40,000 local funds). See attached memo, p. 6. The committee recommends approval. 2. The Winchester Regional Airport requests an FY 2014 Airport Capital Fund supplemental appropriation in the amount of $4,437,906 and a Fund 10 supplemental appropriation in the amount of $499,004. These amounts represent the Airport Capital budget appropriation and the general fund share. The Airport Capital Fund request will require a public hearing. See attached information, p. 7 —17. The committee recommends advertising for public hearing and approval of the Fund 10 supplemental appropriation. 107 North Kent Street • Winchester, Virginia 22601 1 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINGHES7ER, VIRGINIA 22602 r� �e flr ti�a�r (540) 662 -5786 Memo Taa Cheryl Shiffler, Fi-ance Director, Frederick County From Renny Manuel, Director, Winchester Airporl Date- August 8, 2313 f Re: Fund 85 Caphal FY 2014 Budget Appropriations On behalf of the Winchester Regional Airpod Autharily, t respectfully request a budget appropriatbri in Fund 85 (Gapitai) for FY 2014 to new projects and balances for projects ir. progress at the end of FY 2C#13. Revenue appropriations 115- M3010.0012 Federal Reimbursements $ 3,288,862 85 -024040 -0012 Mate Reimbursements $ 436,,13E 85-019110-5150 Transfer from General Fund - County Share $ 99,004 85-01911G -01x19 _oral Contribution - City Share S 198,Wel 85- 019110 -0009 Local Contribution - Other Localities S 15,0011 $ 4,437,906 Expenditure appropriations: 85- (781630 -6801 -0 065 FY 13 Bal - Rehab Runway 14132 Constr $ 77,304 85-031030-8801-000-073 FY 13 Bal -Rehab & Relocate South Apron $ 72,692 55. 081030 - 8801 - 000 -074 FY 13 Bal - Maintenance Facility Design S 7,282 65- 051030- 8801 -0017 -443 NEW - Stale Eligible Maintenance Repairs $.50,000 85,081030 -8801 -000 -073 NEW -- South Apron Rehab - Constr $ 3,500,400 85- 081030- 81301 -000 -074 NEW - Maintenance Bldg - Constr $ 730,626 $ 4,437,908 All listed projects are programmed for Federal andsor State funding grants. Supporting documents are attached for reference. 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X_ W Lo <) c U4 �[y �h rn q � '_ :7 1 05 4 47 IQ M co LL _ _vi E CJ — 1 •' N al efi µire Sh-, R.� tip"., � tlp (] � 4Ik LL p r S� C� �1 'C3 tf� L cr r � c I,y { C G i � 1 j 16 f T 4 Z S. ti =2 X W� LLI 8 4 g z \\ � |�$ k / {\�§ 5 . � 17 �� � ( ~ � \ z 0: 0 Q }� ( / \ k � i 7 i i � � t £ \ \ \ k ■ / ��) ) / ) f LL z EL CONDITIONAL USE PERMIT #03 -13 w ' CO��� VERIZON WIRELESS AND BERTHA McILWEE TRUST a Staff Report for the Board of Supervisors w A � Prepared: September 4, 2013 ;J3B Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/17/13 Recommended approval Board of Supervisors: 08/14/13 Postponed to September 9, 2013 Board of Supervisors: 09/09/13 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 195 -foot, Monopole Telecommunications Facility. Should the Board of Supervisors find this use appropriate, Staff would suggest the following conditions be placed on the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP 903 -13 Verizon Wireless September 4, 2013 LOCATION This property is located at 2250 Back Mountain Road (Route 600). MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBER 49 -A -28 PROPERTY ZONING & PRESENT USE Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: R -5 (Residential Recreational Community) Land Use: Residential Land Use: Residential/Vacant Land Use: Residential/Vacant Land Use: Residential PROPOSED USE This application is for a 195 foot Monopole -Type Commercial Telecommunication Tower and Equipment Shelter. REVIEW EVALUATIONS Virginia Department of Transportation: Site is served by a private street network and therefore, VDOT has no comments. Frederick County Inspections: Structure shall comply with The Virginia Uniform Statewide Building Code and Sections 312, use group U (Utility and Miscellaneous) of The International Building Code 2009. Per the Sections 102.3 of the Virginia Uniform Statewide Building Code, 2009 edition, Section 102.3 VUSBC exempts equipment, related wiring, and poles and towers supporting the related wiring installed by a provider of publicly regulated utility service. ...The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider or its affiliates_ Such exempt equipment and wiring shall be located on either public rights -of -way or private property for which the service provider has rights of occupancy and entry; however, the structures, including their service equipment, housing, or supporting such exempt equipment and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC. Construction of Pre Engineered shelter requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional. Fencing greater than 6' in height requires a building permit. Page 3 CUP 903 -13 Verizon Wireless September 4, 2013 Winchester Regional Airport: Please see attached letter dated April 15, 2013, signed by Serena R. Manuel, Executive Director. Historic Resources Advisory Board: Please see attached letter dated May 31, 2013, signed by Candice Perkins, Senior Planner. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County ( "Comprehensive Plan") provides guidance when considering any land use action. This proposed 195 -foot monopole -type commercial telecommunication facility is located on property identified within the Comprehensive Plan as the Shawnee Land/North Mountain Rural Community Center. This area is to remain rural and is not part of any current land use study. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently zoned RA (Rural Areas) and R -5 (Residential Recreational) Zoning District. The applicant has applied for a CUP for a 195 foot monopole -type commercial telecommunications facility on a 218± acre property, with the nearest property and dwelling being approximately 260 feet from this facility. A register Virginia engineer shall provide verification that the tower is designed, and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. The setbacks for this proposed commercial telecommunication facility will be approximately 260 feet from the road right -of -way, greater than 1,000 feet from the right and left property line and 15,000 feet from rear property line. The zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic values. The Frederick County Historic Resources Advisory Board (HRAB) via the Frederick County Rural Landmarks Survey Report, has identified three potentially significant structures within the immediate area of the subject site; one of the structures is located on -site. (See HRAB comments.) Furthermore, the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility, and possible collocation structures. The applicant has provided an inventory of existing telecommunication facilities, and no other telecommunication facility or possible collocation opportunity structures exist in this area. Staff has identified a possible collocation site within a Page 4 CUP 903 -13 Verizon Wireless September 4, 2013 two (2) mile radius of this proposed site. Therefore, the applicant should be prepared to demonstrate that this proposed use is appropriate to provide satisfactory coverage in this area of the County. Should this facility be approved this commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. STAFF CONCLUSIONS FOR THE 07/13/13 PLANNING COMMSSION MEETING Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF THE 7/17/13 MEETING The staff reported the HRAB had identified three potentially significant structures within the immediate area of the subject site and one of the structures was located on this site. The HRAB requested the applicant prepare a detailed Preliminary Information Form (PIF) for the subject property, but should also consider a PIF for the surrounding area because this could be a potential Rural Historic District. Staff noted the PIF had not yet been submitted and was not within the Commission's agenda packet. The Planning Commission Chairman commented that the required letter from the engineer addressing tower circumference and collapse zone was also not included within the agenda packet. The applicant's representative stated the PIF is being developed and would be submitted to the staff prior to the Board of Supervisors' meeting. The applicant stated they were at exactly half the height of the tower from the property line and not required to submit an engineer's letter. However, Verizon typically Page 5 CUP 903 -13 Verizon Wireless September 4, 2013 shows the collapse zone, regardless of the setback, and will provide that information for the Commission. One person came forward during the public comment portion of the hearing to speak. Mr. Hugh VanMeter, Chairman of the Shawneeland Advisory Committee, requested a copy of the Verizon information packet and a second copy for the Shawneeland Manager. A motion was made, seconded, and unanimously passed to recommend approval of this CUP with the submission of the PlF requested by the HRAB, along with the submission of information addressing tower circumference and collapse zone, and with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. In the event a telecommunications tower is not erected within 12 months of the approval of the conditional use permit, the conditional use permit will be deemed invalid. 6. Any expansion or modification of this use will require a new conditional use permit. (Note: Commissioner Crockett was absent from the meeting.) BOARD OF SUPERVISORS SUMMARY & ACTION OF THE AUGUST 14.2013 MEETING: Supervisor Lofton moved to postpone action to September 9, 2013, to allow the applicant to address concerns of the Shawneeland Sanitary District. The motion was seconded by Supervisor Wells and unanimously passed. Representative of Verizon and Shawneeland Sanitary District met on August 27, 2013 to discuss the concerns. Following the required public meeting, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. RN p�1Y, TOM Tel SHAWNEEI KSubdivis GF q N0 � P - 9 ✓ O O - Q pp r pMq CUP03 7 3 zam k I � r BARRINGTON HILLS ESTATES Subdivisi6n TyRp UGy� p p0 O Applications T RH Q Parcels Building Footprints 131 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) t EM (Extractive Manufacturing District) HE (Higher Education District) py M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) f MS (Medical Support District) \ OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R6 (Residential Recreational Community District) RA (Rural Area District) , r; J s RP (Residential Performance District) R 0 Note: CUP # 03 -13 Frederick County Dept of Verizon Wireless and Planning & Development 07 N Kent St e Bertha Mcllwee suite 202 PINS: Winchester, VA 22601 49 - A - 28 540 - 665 - 5651 195' Monopole Tower Map Created: June 10, 2013 Staff: mcheran 0 415 830 1,660 Feet Draft meeting minutes from August 14, 2013 Board meeting CONDITIONAL USE PERMIT #03 -13 OF VERIZON WIRELESS AND BERTHA MCILWEE TRUST, SUBMITTED BY DONOHUE & STEARNS, PLC, FOR A 195 FOOT TOWER AND EQUIPMENT SHELTER. THE PROPERTY IS LOCATED AT 2250 BACK MOUNTAIN ROAD Z' (ROUTE 600), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 49 -A -28 IN THE BACK CREEK WGISTERIAL DISTRICT. - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He s 7 advised this was a request to construct a 195 foot monopole telecommunications facility on Back Mountain Road in the Back Creek Magisterial District. The property is currently !oned RA (Rural ArQ) District. Zoning Administrator Cheran went on to say, should the Board find this request appropriate, staff suggests the following conditions: 1. All review agency comments and requirements shall be complied with at all times. The tower shall be available for collocating personal wireless services providers. A minor site plan shall be approved by Frederick County. 5. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. In the event a telecommunications tower is not erected within twelve (12) months e of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Zoning Administrator Cheran concluded by saying the Planning Commission held a public hearing and recommended approval with the above conditions. Supervisor Fisher asked if there was any reason the comments received from the Winchester Regional Airport were not addressed in the conditions. Planning Director Eric Lawrence responded that comment #1 would address those e issues. Tracy Thenmak appeared before the Board on behalf of the applicant. Supervisor Lofton asked why the property was being accessed off n{ Rappahannock Trail. Mrs. Themak responded the tower was to be located at the rear of the property. Supervisor Lofton asked if the applicant had appeared before the Shawneeland Sanitary District Advisory Committee regarding access since the roads in the community are private. Stephanie Petway, Zoning Project Manager, responded the applicant and the sanitary district have not had a conversation regarding access. Supervisor Lofton advised this was a private street network. He went on to say he did not know how much traffic this project would generate or how much Verizon would be willing to contribute to the upkeep of the roadways. Mrs. Petway responded the applicant could work to get access off of Back Mountain Road, but it would be a little more difficult. Mrs. Themak stated the majority of the traffic would occur during construction. After construction, traffic would consist of about one to two visits per month. Chairman Shickle convened the public hearing. Barry VanMeter, Chairman of the Shawneeland Sanitary District Advisory Committee, appeared before the Board regarding this application. He advised the Advisory Committee objects to the current plan. He noted he has good service with Verizon. He went on to say the proposed advantage of this project was an increase in Internet access, but the cost is too high and the need was minimal. Mr. VanMeter stated access from Rappahannock Trail was a critical issue to the advisory committee. He advised that co-location was also a concern due to increased traffic. He went on to say Verizon had made no provision to pay access fees for road repairs. He noted the strobe light was an issue for the houses on the side of the mountain. The Advisory Committee would like to see Verizon pay the sanitary district for access or move the tower down a Y2mile. Cindy Bowman, Back Creek District, expressed concern about the electromagnetic fields and Electro-hypersensitivity caused by these electromagnetic fields. She advised that she experienced 40 physiological changes as a result of EMFs. She stated the Verizon plan did not include the output of the strobe light in its analysis. She went on to say the property/resale value decline of her property i6 also aconcern. She urged the Board tV reject the permit due to the number of people who will be negatively affected. Tom Rosenberger, Back Creek District, advised he was an adjacent property owner. He stated there were a lot of cellular service dead zones between Mountain Falls and Interstate 81. He concluded by saying he was in favor of this tower. There being no further comments, Chairman Shickle closed the public hearing. Mrs. Themak advised Verizon did have an EMF Report and noted the emissions were well below 1% of the maximum allowed exposure. She concluded by saying she has a document stating this tower is within the maximum exposure limit. Paul Dugan, consultant for the applicant, appeared before the Board to address the electromagnetic field concerns. He noted the FCC standard was adopted from recommendations from organizations that do this type of research. He went on to say Verizon provides information and he performs calculations based on the approved formulas. Supervisor Lofton stated he could not support this request because: - The residents must pay to maintain the private roads. - The visual impact of the tower isaconcern. Moving the tower might goa long way bm addressing this concern. - He would like to give Verbonan opportunity tm address the concerns raised by the Shawneeland Sanitary District Advisory Committee. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board postponed this item until the September 9, 2013 meeting in order to allow Verizon1oaddress the concerns raised. The above motion was approved by the following recorded vote: Richard C.Ghidde Ave Charles S.DeHaven,Jr. Ave Christopher E.Collins Ave Gene E'Fisher Aye Robert A.Hess Ave GaryA.Lofton Aye Robert W. Wells Aye Supervisor Lofton stated he would like to see a coverage map showing the tower moved |6 nni|edovvnthe road. JUG! 5 ?C13 Submittal Deadline F, • �. >_, - f PIC Meet irrg ' T BOS Meetitag i t3 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner �` Other NAME: Verizon Wtreiess ADDRESS: 9000 Junction Drive Annapolis Junction, MD 20701 TELEPHONE: 240.401 -0907 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 2250 Back Mountain Road 4. The property has a road frontage of 1880 feet and a depth of 1300 feet and consists of 218.42 acres. (Please be exact) 5. The property is owned by Bertha B. Mdiwee,ETAL Trustess as evidenced by deed from (previous owner) recorded in deed book no 818 on page 52 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6 Property Identification Number (P.I.N.) 49-A -28 Magisterial District Back creek Current Zoning RA 5 7. Adjoining Property: North East South West Residential Residential USE ZONING R5 RA Residential RA Residential RA 8. The type of use proposed is (consult with the Planning Dept. before completing): Telecommunications faality consisting of a 195 toot monopole with an overall height of 197' induding lighting rod YAM an associated equipment shelter measuring 30 long and 11 1 7" *Me in a fenced compound adjacent to the monopole. 9. It is proposed that the following buildings will be constructed: Equipment shelter measuring 30' long by 117" wide;19r monopole 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Dame and Property Identification Number Address Name Helen and Glenn Hines 2366 Back Mountain Road Winchester, VA 22602 Property #49 -A -29 Name Margaret Clem 376 Banks Ford Road Strasburg, VA 22657 Property # 49 -A -29A NameTimothy L and Julie A Reissig 2329 Back Mountain Rd. Winchester, VA 22602 Property #49 -A -28C Name Diamond National LLC 114 N Cameron St. Winchester, VA 22601 Property # 50 -6 -11,12 &13; 50 -A -30B NameTerri A Cochran 279 Throughwood Trl. Winchester, VA 22602 Propert} #49- A- 27,27C & 27G NameJessie E Goode 227 Throughwood TO. Winchester, VA 22602 Property # 49-A-270 NameStephen M. Zebarth 110 W Cork St. Winchester, VA 22602 [ Property # 49-A-23 & 25 6 Name and Property Identification Number Address NarneMark A. Plasters 210 Throughwood Trl. Winchester, VA 22602 Property #49 -A -27E Name Edward W Strosnider 176 Throughwood TO. Winchester, VA 22602 Property #49 -A -27B Name Thomas Dorsey Rosenberger 2070 Back Mountain Rd. Winchester, VA 22602 Property #50 -1 -B & 50 -1 -A Name Trustees of St. John c/o Thomas Rosenberger 2070 Back Mountain Rd. Winchester, VA 22602 Property # 50 -1 -A1 Name Frederick County Virginia 107 North Kent Street Winchester, VA 22601 Property #49-A-02-2F Name Philip and Sharon Bushman 139 Back Ridge Rd. Winchester, VA 22602 Propert # 49 -3 -5 Name Mark Radford Anderson 1492 Fishel Rd. Winchester, VA 22602 Property # 49 -A -28A NameJohn Timothy Frye 1346 Back Mountain Rd. Winchester, VA 22602 Property #49 -A -2C Name Barbara F. Sumner 318 W. Cecil St. Winchester, VA 22601 Property # 49-A-4C NameCharles and Donna Mcllwee 2562 Back Mountain Rd. Winchester, VA 22602 Property # 49 -A -27A Name Hugh B. Van Meter; Robert H. & Valerie Van Meter 106 Potomak TO. Winchester, VA 22602 Property # 49- A04 -1 -A -114 Name Roy and Laura Cline 514 S. Homers Ln. Rockville, MD 20850 Property #49- A04 -1 -A -113 Name Kerry C and Diane J James 107 Potomak TO. Winchester, VA 22602 Property # 49- A04 -1 -A -112 Namelbrahim S. Mohamed 24808 Stone Pillar Dr. Stone Ridge, VA 20105 Propert # 49- A04 -1 -A -109 Name and Property Identification Number Address NameJames C. Kerry 107 Potomak TH. Winchester, VA 22602 Property # 49-AO4-1 -A- 11 OA Name Wilmer R. Woodall, Jr. 205 Potomak TH. Winchester, VA 22602 Property # 49-AO4-1 -A-1 07 Name Hugh Barry Van Meter 106 Potomak TH. Winchester, VA 22602 Property # 49- AO4 -1 -A -117 Name Patricia Ann Loehne 12000 Cheviot Dr. Herndon, VA 20170 Property # 49-AO4-1 -A-1 18 Name Michael and Cheryl Shepard 179 George Dr. Winchester, VA 22602 Property # 49- A- 04 -1 -A -119 & 121 A Name Earl and Inez Meyer 3319 Bellington Dr. Orlando, FL 32825 Property # 49- A- 04 -1 -A -120 Name Moustafa Humran 3818 Gelding Ln. Olney, MD 20832 Property # 49- A- 04 -1 -A -123 NameJessica and Jennifer Trossbach 1764 SW Shady Lake Terr. Palm City, FL 34990 Propert # 49- A- 04 -1 -A -124 NameJames M. and Annabel R. Lewis 107 North Kent St. Winchester, VA 22601 Property # 49- A- 04 -1 -A -126 Name Barbara Banczyk 4409 Stanford St. Bethesda, MD 20815 Property # 49- A- 04 -1 -A -127 NameCaren M. Meckes 122 Rappahannock TH. Winchester, VA 22602 Propert # 49-AO4-1 -A-1 39 Name Blake R. & Concepcion Gregory 5417 Gerndale St. Springfield, VA 22151 Property # 49-AO4-1 -A-1 29 Name Patricia Pavero 2071 41 st St. South Grand Forks, ND 58201 Property # 49-AO4-1 -A- 130 Name David & Ruth Keppel, c!o Paige Presgrave 14511 Presgrave Pl. 1 Haymarket, VA 20169 Property # 49-AO4-1 -A-1 34 Name and Property Identification Number Address NameCharles E Hoffert 6721 Greenyard Road Chester, VA 23831 Property # 49A 04 1 A 134 Name Michael W and Jennifer L Knight 137 Assateague Trl Winchester, VA 22602 Property #49A 04 1A 132A Name George R. Baldwin 203 Assateague Trail Winchester, VA 22602 Property #49A 04 1A 187 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 7 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 8 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully maize application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. 4 Signature of Applicant Signature of Owner Owners' Telephone No. TY0- 5 22 1603 TO BE COMELETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.ya.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 j Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know Ali Men By These Presents: That I (We) (Name) +.. IQ �! ��t+•e�•� (Phone) (Address) .� �l Tim Qd ?+_ � the owner(s) of all those tracts or parcels of land (`Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. ais on Page 62 , and is described as Parcel: A Lot: 28 Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Frank Steams, Atbmay- Dondwa and Steams. PLC (Phone) M -549-1123 (Address) 201 Fa" S mKSE Suite E. Lassburg, VA 20175 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) = Subdivision 9 Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescuided or modified. In witness thereof, I (we) have hereto set my (our) hand and sea] this "day of !t � 20_Ll, Signature(s) `° ` `t " - C ��.. _Q ��•• State of Virginia, /County of , To-wit: I, f N/4 N D k A a a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing insriu�e t sonally geared before me and has acknow ged the same before me in the jurisdiction aforega�'ds $ay of Z0 i3__. �stOtf�xpires: .3 6 - a N tary Public _= * AEG. # 641 71 "• * =_ MY GuAr, �4fSSio'N LANDOWNER AFFIDAVIT As per Section 165- 204.19 (B) (7) of the Frederick County, Virginia Zoning Ordinance, the undersigned Trustees of Bertha B. McI Trust , owners of Parcel 49 -A -28 located at 2250 Back Mountain Road, Winchester, Virginia 22602, hereby acknowledges that they may be held responsible of the removal of the commercial telecommunication facility proposed on this site. 6"JMu 15 Name of Property Owner(s) Signature of Property Owner(s) In the Smote /Commonwealth of V irginia , in the GQt3c/County of Shenandoah ,1, Charles R. Mcllwee and Margaret M. Clem, Trustees o Be c wee l alt(property owner(s) state that the above information is accurate and true. My Carmission Expires 4/30/2014 , % 0i ttf orts " `x, T REG. *;69 71 C n ��1j /115!1 br 1�1 STATEMENT OF JUSTIFICATION Conditional Use Permit Application Statement of Justification Applicant: Name of Project: Property Address: Magisterial District: Parcel ID No: Zoning Classification: Property Owner: Background Cellco Partnership d/bla Verizon Wireless Wilde Acres 2250 Back Mountain Road, Winchester, Virginia 22602 Back Creek 49 -A -28 RA Bertha McI Twee Et.Als. Trustees The applicant, Cellco Partnership d/b /a Verizon Wireless, seeks a Conditional Use Permit under § §165- 103.01 - 165 - 103.08 of the Frederick County Zoning Ordinance for a wireless telecommunication facility. The proposed facility will consist of a new 195 feet tall monopole with an overall height of 197 feet including lightning rod at the top of the structure. The facility will be located on Property Identification Number 49 -A -28 at 2250 Back Mountain Road, Winchester, Virginia 22602. The monopole will include fifteen (15) antennas mounted at one hundred ninety feet (190') above ground level (AGL). An associated equipment shelter measuring thirty feet (30') long by eleven feet seven inches (117') wide and ten feet seven inches (107") high will be located in a forty feet (40') by forty feet (40') equipment compound adjacent to the monopole and screened by a six foot (6') tall chain link fence with screening slats. Access to the facility will be from Assateague Trail Road near its intersection with Rappahannock Trail in the Shawnee Land community. The proposed telecommunications facility will have no impact on air quality, water quality, radiation exposure, light pollution, noise pollution, or traffic congestion or circulation. The antennas emit no noise, light or odors. The facility will be unmanned with infrequent visits of four or fewer per year by personnel for routine maintenance. There will be limited access to the facility with parking for no more than one standard sized vehicle. The Property consists of approximately two hundred eighteen point forty two (218.42) acres and is zoned RA, Rural Area District. Adjoining properties are zoned RA to the east, south and far west and far north. Properties to the immediate west and north in the Shawnee Land community are zoned R5, Residential Recreational Community. Northeast of the site at the intersection of Back Mountain Road and Rosenberger Lane there is a B1, Business Neighborhood District property. The Property is owned by Bertha Mcllwee Et.AI. Trustess. It is currently a rural farm use improved with a residential dwelling and related farm accessory buildings. The majority of the acreage is in pasture or woodlands. Verizon Wireless will enter into a lease agreement with the property owner to install and operate the wireless telecommunications facility on the Property. The monopole and associated compound will be sited on the western edge of the subject Property, near Assateague Trail and the Wilde Acres community. The facility will be within a wooded area that will mitigate its visibility from the immediate area to the west. Due to existing vegetation, distance, and topography, the proposed structure should have minimal visual impact on properties and public roadways to the north, south and east of the site. Requirement and Site Evaluation The Telecommunications Facility ( "Facility") will be part of Verizon's Wireless telecommunications network as shown on the attached engineering plans and propagation maps. The objective of the site is to provide Verizon Wireless services along Back Mountain Road and enhance coverage on secondary roads in the vicinity. The site will not only fill service gaps but will enhance 4G -LTE data service to all residences in the surrounding area. Currently due to the high demand of high -speed data the existing surrounding cell sites do not support the capacity needs for the area. This site will offload these existing sites and enhance data speeds. There are no existing structures within the search area to support Verizon's antennas. Including the selected site, Verizon Wireless formally considered a total of nine sites to provide coverage to this area: Winchester Tower Farm, Valley View Trail west of site. The site was rejected because the existing tower will not meet Verizon's coverage objective. The maximum available height, either in its present form or as a rebuilt structure, is obstructed due to the topography and the ground elevation is too high to give coverage to the valley and the community of Shawnee Land to the east. Two other towers on the site owned by the Virginia State Police were rejected because of the ground elevation and inability to meet coverage objectives. All of the utility lines in the two transmission paths were reviewed; one south of Mountain Falls Park and one between Mountain Falls Park and Shawnee Land. While south of the search area these lines were considered because the transmission lines they would negate the need to build a new structure in the area. However, they did not meet coverage objectives. Two raw land sites were reviewed closer to the proposed AT &T tower in this area and again the topography was a challenge and the coverage objective could not be obtained because of the ground elevation. Two raw land candidates near Mountain Falls Park to the southwest of the selected site were rejected because the topography minimized any potential ability to meet coverage objectives. A site with an existing tower to the northwest along Firetower Road was also considered but was too high and too close to the existing Verizon Wireless site of "Bowling Green ". This site is also outside of the Verizon search area. A parcel directly within the Shawnee Land community was a preferred site but due to the small lot residential development of the community, the proposed facility would be too close to the residential development in this community. Zoning Ordinance Analysis Section 165- 204.19 of the Frederick County Zoning Ordinance provides the performance standards for telecommunication uses. The proposed facility compares to the applicable performance standards as follows: (1) The Planning Commission may reduce the required setback distance for commercial telecommunications facilities as required by § 165- 201.03B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Planning Commission that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback distance be reduced to less than 112 the distance of the tower height. Commercial telecommunications facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. Applicant's Response: The applicant is seeking a waiver of the setback requirement. The telecommunication monopole structure will be setback a minimum of 98.5 feet from the boundary of all property lines, a distance that is one -half of the monopole's overall height of 197 feet including the lightning rod at the top of the structure. As the setback is less than the height of the proposed structure, verification from a certified engineer is provided with the application concerning the monopole's design and construction, as required by the Zoning Ordinance. (2) Monopole -type construction shall be required for new commercial telecommunications towers. The Board of Supervisors may allow lattice -type construction for new telecommunications towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. R" TM Products LLC February 17, 2011 Network Building & Consulting, LLC 7380 Coca Cola Drive, Suite 106, Hanover, MD 21076. Attn: Michael Comiskey Reference: 199' Tapered Pole Site Name: Wilde Acres Frederick County, VA Dear Mr. Comiskey: The referenced pole will be designed to meet the specked loading requirements in accordance with the ANSI/TIA/EiA- 222 -G -2005 for 90 MPH 3- second wind speed with no ice and 30 MPH 3 second gust wind speed with 0.75 inches radial ice. Structure Class: II; Exposure Category: C; Topographic Category: 1. It is our understanding that the design of the referenced pole requires consideration of a contained fall radius in the event a catastrophic wind speed were to result in a failure. Although the pole will not be designed to fail, stronger sections than required will be provided in the lower portion of the pole. This would result in an increased safety factor in the lower sections. This design would enable the pole to fail through a combination of bending and buckling in the upper portion of the pole should a catastrophic wind loading occur. Failure in this manner would result in the upper portion of the pole folding over the lower portion, preventing a total collapse of the structure and resulting in a fall zone radius less than 74 ft. The failure mode would theoretically be a local buckling failure involving a crippling of the pole wall on one side of the pole as opposed to the pole shearing off or completely breaking off and hitting the ground. Please contact us at your convenience should you have further questions concerning the safety of pole structures or other aspects of pole design. Sin YT I Habib Azouri, P (HABIB �C% Engineering Ma JIRJI AZOURI cc: Ken Cordrey c. No. 033257 SIO NAL ti Applicant's Response: The proposed commercial telecommunications facility will be a monopole -type construction. (3) Advertising shall be prohibited on commercial telecommunications facilities except for signage providing ownership fdentijlcation and emergency information. No more than two signs shall be permitted Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 1 h feet above grade. Applicant's Response: There shall be no signs or advertising on the proposed telecommunications facility. (4) When lighting is required on commercial telecommunications facllity towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunications facility towers shall utilize infrared lighting and motion - detector lighting to prevent continuous illumination. Applicant's Response: The telecommunications facility will not be lighted unless required for aircraft warning or other safety reasons. (5) Commercial telecommunications facilities shall be constructed with materials of a galvanized finish or painted a non contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Applicant's Response: The telecommunications facility will be of a galvanized finish. (6) Commercial telecommunications facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights -of -way. Applicant's Response: All associated equipment at the base of the monopole structure will be within a forty feet (40') by forty feet (40') compound area surrounded by a six feet (6') tall chain link fence with screening slats so as not to be visible from adjoining properties and road. (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety-day period, the County will remove the facility and a lien may be placed to recover expenses Applicant's response: if the structure is not used for a continuous period of 12 months it will be removed along with all associated equipment and fencing. Conclusion We respectfully submit that the special use permit should be approved as it is in conformance with the County Comprehensive Plan for Telecommunications. In addition, this application meets all of the standards in the Frederick County Zoning Ordinance, with the exception of the buffer yard requirements contained in Sec. 32- 240.10 (7), for which we are requesting a modification and/or waiver, as outlined above. 04-'6- . :5406622936 10 1 WINCHESTER REGIONAL AIRPORT 491 AiRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -5786 April 15, 2013 Cellco Partnership d/b /a Verizon Wireless Donohue & Steam, PLC Frank W. Steams, ESq. 201 Royal Street, W.E. Suite E Leesburg, Virginia 20175 Re: Conditional Use Permit Comment Verizon 197' Tower 2250 Back Mountain Road, Winchester, VA Bertha B Mcliwee, ETAL Trustees — Tax Parcel 49 -A -28 Dear Mr. Steams: Click in this box to return to the page you were previously viewing On behalf of the Winchester Regional Airport Authority I offer the following comments on the referenced Conditional Use Permit application for a communications tower: 1. We have reviewed the FAA Aeronautical Study No. 2012-AEA-5145-OE and Included in the FAA determination is a statement that crane/construction equipment exceeding the maximum height provided as 197' will require separate filing for crane%quipment operations with the FAA for review and comment This would not require review by the Winchester Airport. 2. To maintain a safe navigable airspace environment for medevac and aircraft operations in Frederick County the Winchester Regional Airport Authority requests proposed towersistructures between 150' and 199' AGL to be marked and lighted in accordance with FAA Advisory Circular 7017460 -1K, Change 2, Obstruction Marking and Lighting. As a condition to be met for approval of this CUP, I am requesting that the proposed tower be marked and lighted accordingly with the standards in the referenced FAA Advisory Circular. This completes our review comments. Should you have questions or require additional information, please *do not hesitate contacting my office. Thank you for your cooperation in support of a safe navigable airspace environment In Frederick County. Sincerely, Serena R. Manuel Executive Director COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 May 31, 2013 Click in this box to return to the page you were previously viewing Tracy L. Themak, Esq. Donohue & Stearns, PLC 801 North Fairfax Street, Suite 209 Alexandria, Virginia 22314 RE: Application Requesting a Conditional Use Permit Application for a 195' Monopole Telecommunications Facility — Verizon — 2250 Back Mountain Road Property Identification Number (PIN): 49 -A -28 Current Zoning District: RA (Rural Area) Dear Ms. Themak: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced conditional use permit application at their meeting on May 21, 2013. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and information provided by Verizon (HRAB & CUP Application, Photographs of the site/ Photo simulations of the facility, coverage plots). The proposal seeks to construct a 195 -foot monopole commercial telecommunications tower with accessory equipment building on a property located at 2250 Back Mountain Road in the Back Creek Magisterial District. Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley. published by the National Park Service, does not identify the proposed tower site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey port for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed tower, one of which is located on site. All of these properties are listed as potentially significant. The sites that are listed in the survey are: • House, Route 600 ( #34 -357) —On site • Larrick Legge House ( 434 -339) • Schultz House ( #34 -385) After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board (HRAB) recommended that the Planning Commission and the Board of Supervisors approve the proposed conditional use permit application with the following condition: 107 North Dent Street, Suite 202 @ Winchester, Virginia 22601 -5000 Ms. Tracy L. Themak, Esq. Re: Conditional Use Permit Application for Verizon May 31, 2013 Page 2 The applicant at a minimum should prepare a detailed preliminary information sheet (PIF) for the subject property, but should consider a PIF for the surrounding area because this area could be a potential rural historic district. This PIF should be included as part of the Conditional Use Permit Application submitted to the Planning Commission and Board of Supervisors. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP /bad cc: Lauren Murphy, HRAB Chair N G 0 N S U L T I N G www.ebiconsulting.com August 6, 2013 Ms. Stephanie M. Petway Zoning Project Manager Network Building & Consulting, LLC 7380 Coca Cola Drive, Suite 106 Hanover, MD 21076 Subject: Intensive Level Survey Form Site Number: 11617 / Wilde Acres 2250 Back Mountain Road, Winchester, Frederick County, VA EBI Project # 61 132741 Dear Ms. Petway: 6876 Susquehanna Trail South York, PA 17403 Tel: (717) 428 -0401 Fax: (717) 428 -0403 www.ebiconsultingcom EBI Consulting (EBI) has prepared an Intensive Level Survey Form on behalf of Cellco Partnership and its controlled affiliates doing business as Verizon Wireless (Verizon Wireless) for the property noted above. Please do not hesitate to contact us if you have any questions about the information contained in this report. Sincerely, Tara Cubie Architectural Historian P: 339.234.2597 Attachments: Intensive Level Survey Form Photos and Photo Location Map Site Plan Topographic Map i Ms. Jennifer L. Davis Senior Architectural Historian ENVIROBUSINESS, INC. LOCATIONS I ATLANTA, GA I BALTIMORE, MD I BURLINGTON, MA I CHICAGO, IL DALLAS, TX I DENVER, CO I HOUSTON, TX I LOS ANGELES, CA I NEW YORK, NY I PHOENIX, AZ I PORTLAND, OR SAN FRANCISCO, CA I SEATTLE, WA I YORK, PA Property Name: James T. Mcllwee House GENERAL PROPERTY INFORMATION: D H R ID #: 034 -0357 PROPERTY DATE (S): C.1890 PROPERTY NAMES: • lames T. Mcllwee House • House, Route 600 (from Rural Landmarks Survey Report Frederick County) ADDRESS: 2250 Back Mountain Road Town /Village /Hamlet: Winchester, Clowser Gap ZIP Code: 22602 County /Ind City: Frederick County USGS Quad Name: Hayfield, VA 1977 UTM Coords: 17S 729991 mE 4340759mN Open to public: N Is there a CRM report: Yes PHYSICAL CHARACTER OF GENERAL SURROUNDINGS Setting: Rural, Agricultural Acreage: 218.42 Site Description Notes /Notable Landscape Features: The farm lies along the northwestern side of Back Mountain Road (Rt. 600). The property aligns with the road. The area around the house is gently rolling and is currently used for cattle grazing. A tree -lined ridge, also part of the property, is located northwest of the house and outbuildings. The area around the house has large trees and shrubs. Secondary Resource (s) Setting Description: Seven outbuildings and one foundation are located to the rear and south -west of the house. (1) privy, directly behind house (contributing) (2)Smokehouse, rear of house, next to privy (contributing) (3)Chicken Coop, east of main house (contributing) (4) three sheds /unidentified outbuildings, behind and west of house (contributing) (5) barn, located southwest of main house (contributing) and (6) foundation ruins, west of house (non- contributing). See site plan for more details. Ownership Categories: Private HISTORIC DISTRICT INFORMATION N/A INDIVIDUAL RESOURCE INFORMATION: Resource Type: Single Dwelling Primary Resource: Yes Estimated Date of Construction: C.1890 Source of Date: Interview with current owner, Architectural Style. Secondary Resources: 1. Shed 1- contributing 2. Shed 2- contributing 3. Shed 3- contributing 4. Smoke /Meat House - contributing 5. Barn - contributing 6. Privy- contributing 7. Chicken House /Poultry House - contributing Architectural Style /Form /Derivations: Folk Victorian Historical Use: Dwelling and Farm Current Use: Dwelling and farm ARCHITECTURAL DESCRIPTION: The lames T. Mchwee House is believed to have been constructed in the 1890s, based on analysis of ornamentation and overall design, historical atlases and censuses, and an interview with current owner. The house is an 1 -house with an integral rear ell- a form that is common in Frederick County and the Mid - Atlantic. The basement, foundation and house indicate that they were likely built at the same time. The ornamentation is typical of the Folk Victorian style, with some minor Gothic Revival details. Unlike High -Style Victorian, it is more modest in ornamentation. The building has had some modern interventions. The original German lap weather board siding, which was originally on all elevations, was replaced with white aluminum siding approximately ten years ago. At the same time, the two - over -two double hung windows were replaced with modern double hung windows. The original stone foundation is located under poured concrete, and is visible in some sections of the building. The front (eastern) facade of the two story house is three bays wide and features a decorative one -story porch. Typical of the I- House, the facade emphasizes the house's symmetrical design through its even placement of windows, doors, chimneys and porch along the central axis of the cross gabled roof. The facade has evenly spaced fenestration, with two windows flanking the central door on the lower level and three windows with equal spacing on the upper level. The house had a small pointed Gothic Revival arched attic window, which has since been removed and has been replaced with a vent with horizontal louvers. The classically styled Victorian porch includes decorative turned columns, decorative brackets, turned spindle spandrels, and a paneled frieze. The front porch encompasses both lower level windows and door. It has a poured concrete floor. The central door has been replaced and is not original to the house. The shed style porch roof has a standing seam metal roof that matches the cross - gabled roof of the house. Brick, running bond, corbelled chimneys protrude from each end of the roof. The southwestern and northeastern elevations of the I -House sections are matching and have two matching windows, one on each floor, located in the north half of the building. The southeastern facade of the rear -ell has a one -story porch with a shed roof. It is flanked at each end by small rooms. The porch is supported by a singular square post. The lower level has four double -hung windows: two located within the porch and two on the small rooms at the end of the porch. Two windows on the upper level align with the lower level porch openings. A paneled wooden door located behind a metal screen door provides access into the kitchen. The porch has a poured concrete floor. A brick, running bond, corbelled chimney protrudes from the center of the roof gable. The rear (western) facade of the ell is the only section of the house that is not symmetrical, as it reflects the massing of the one story porch on the southeastern elevation and the two story porch on the northwestern elevation. The rear facade has two windows, one on each floor, and an attic window vent with horizontal louvers. Exterior access to the basement is located through wooden exterior hatch doors (currently covered with metal). The rear -ell on the northwestern facade has a two -story porch with a combination gable and shed roof. The porch is located between the front I -House section and a small room at the northwestern end on both levels. The three bay porch is supported by square posts. The upper level railing has decorative turned balusters. The lower level porch has two double hung windows and three doors. The paneled wooden doors appear to date to the original period of construction. Two lead into the rear ell, and one door leads into the front I -House section. The upper level porch has two doors and two windows. Two additional windows, one on each level, are located on the north - western end rooms. Condition: Fair Number of Stories: 2 Interior Plan Type: Center Hall, single pile with rear ell. Accessed? No- unable to coordinate visit of interior with owner. Able to view interior of lower level through window, with permission of owner. Threat: NONE KNOWN DHR Time Period: Reconstruction and Growth (1866 to 1916) Historic Context (s): Domestic HISTORICAL SUMMARY (STATEMENT OF SIGNIFICANCE The house was constructed c.1890 by lames T. (1.T.) Mcllwee and his wife Victoria Gardner Mcllwee. The house has remained it the Mcllwee family since its construction. The lames T. Mcllwee House is located at 2250 Back Mountain Rd. (Rt. 600) in Frederick County, ten miles east of the city of Winchester, Virginia, and near the settlement of Clowser Gap. It is an example of the vernacular Victorian farmhouses that marked the prosperous farms of the Shenandoah Valley from the 1870s until the 1890s. Although modest in ornamentation, it is a good example of a rural turn of the century farm. The house is believed to have been constructed in the 1890s. It was presumably built by James T. Mcllwee, a Frederick County farmer, and remains in the Mcllwee family to the present day. The Mchwees were one of the original founding families of Frederick County. lames T. Mcllwee (known to his family as 1.T.) was born in 1845, in Frederick County, to Mary and William Mcllwee. He married Virginia Regina Gardner on February 7, 1867. Victoria was the daughter of William P. and Regina Gardner. William P. Gardner was a renowned local millwright. The James T. Mcllwee house is similar in plan and style to other houses attributed to the Gardner family and may have been constructed by his in -laws. Mcllwee "s land adjoined that of several other long -time residents of Frederick County. His neighbors included William P. Gardner, John Wotring, CH Snapp, as well as the Rosenberger and Clowser families. The house was located in a stretch characterized by more prosperous farms. The house was inherited c. 1923, after the death of Victoria and James, by Charles A. Mcillwee (b.1871), who married Mary A. Proffitt in 1900. Upon their deaths, Merle Marco Mcllwee and his wife, Bertha, inherited the farm. The property is currently still owned by the Mcllwee family. The overall appearance of the house appears to have been little changed since its construction. However, aluminum siding was put on the building and original windows were removed and replaced approximately ten years ago, which significantly impacts its historic integrity. Most of the other character defining features remain intact. PRIMARY RESOURCE EXTERIOR COMPONENT DESCRIPTION Foundation: Poured concrete over original stone foundation. Structure: Frame construction (sawn lumber) Walls: Aluminum siding. It is unknown if wood siding exists under aluminum siding. Windows: Double Hung, modern. Porch: Front facade one story porch, rear ell -south facade double porch, rear ell -north facade one story porch. All porches wood with spindle work detail. Roof: Cross Gable Roof. Standing seam metal. Chimney: two brick, running bond, chimneys with corbelled caps symmetrically placed on roof of main house, one brick, running bond, chimney with corbelled cap, center of rear ell roof. INDIVIDUALS AND EVENTS ASSOCIATED WITH PROPERTY ASSOCIATED INDIVIDUALs Owner - - 1.T. and Victoria (nee Gardner) Mcllwee C.1890 -1923 Owner -- Charles A. and Mary A. (nee Proffitt) Mcllwee 1923 -? Owner - -Merle Marco Mcllwee and Bertha (nee Brill) Mcllwee ? -2012 Owner -- Charles R. Mcllwee 2012 - present EVENTS: None found GRAPHIC MEDIA DOCUMENTATION Photographs Included BIBLIOGRAPHIC DOCUMENTATION Type Author (First and Last Name) Citation Notes Interview Charles R. Mcllwee August 4, 2013 Conducted over phone Book Cartmell, Thomas Kemp Shenandoah Valley Pioneers & Their Descendents. Berryville, VA: Chesapeake Book Co. 1963 Book Hofstra, Warren R. The Planting of New Virginia: Settlement and Landscape in the Shenandoah Valley. Baltimore: The Johns Hopkins University Press, 2004. Book Kalbian, Maral S Frederick County, VA History Through Architecture. Winchester, VA: Winches- ter - Frederick County Historical Society Rural Landmarks Publication Committee, 1999 Book Kerns, Wilmer L Frederick Co., VA, Settlement and Some First Families of Back Creek Valley, 1730 -1830. Baltimore: Gateway Press, 1995. Book Quarles, Garland Redd. Some Old Homes in Frederick Co., VA. Winchester, VA: WFCHS, 1971, 1990. Census United State Government "United States Census, 1920," index and images, FamilySearch (https: / /familysearch.org /pal: /MM9.1.1 /MJFJ -6DF accessed 05 Aug 2013), James T Mcilwee, 1920 Census United States Government "United States Census, 1910," index and images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/MPPV-JV7 accessed 05 Aug 2013), James T Mcilwee, 1910. Virginia "Virginia, Marriages, 1785- 1940," index, FamilySearch Marriages (https: / /familysearch.org /pal: /MM9.1.1 /X5YZ -PY4 : accessed 05 Aug 2013), Jas. T. Mcilwee in entry for Chas. A. Mcilwee and Mary A. Proffitt, 07 Feb 1900. Atlas Lake, D.J. and Co. Lake's Atlas of Frederick County.1885. Kalbian, Mara[ S Rural Landmarks Survey Report Frederick County, Virginia Including file with 1 7 1 photographs for 34- Phase 1- 1111988 -1992 0357 CRM EVENT INFORMATION Date Project # Event Type CRMPerson (First) CRMPerson (Last) Remarks 1989 Survey: Phase I Leslie Giles /Reconnaissance SITE PLAN Date: August 4, 2013 See Attached Photo Location Map Arrow indicates the approximate location and direction in which the photograph was taken 1. View looking northwest towards front facade of house. 2. View looking C• southwest towards Main House. 4 . i �ry _ 3. View looking northeast towards Main House. 1� 1 4. View looking southeast towards rear facade of Main House. - 5. View northwest towards Smoke House. 6. View east towards Privy. i h .3 �l k S Y, r I , T -'� 7. View northwest towards Chicken Coop. 1 ? r } 8. View towards northwest towards Shed #1. _ I k Y 1 9. View southwest towards barn. qF 1 10. View towards foundation ruins, likely a barn. Site Plan (Not to Scale): 0 0 q 0 0 C. Privy D. Barn E. Shed #3 F. Shed #2 G. Shed #1 H. Chicken House /Coop r 1 41 ' ti i al e •7� Lf . i � i A � 'rt j �° E ti i e I LL f A 4 t r�.�' • r'° f 1 � f f �'�� + , [ ` ` �. J ��_ `�` • ] �7 a F J ' �'"�� y - '"`�� _ � f ` �$A l IF kL ���+� MA h t '• �� `. y''r r� t r•. \ t l - l f Tom •_? ! +� -� !�� t r ^ ' • fit,!' Legen Source: Selected data from g USGS and EB I. Selected Project Site N •�, i Site Radius at 250', 500', 1000'& 1/2 mile WE S Topographic Map 2250 BACK MOUNTAIN ROAD WINCHESTER, VA 22602 0 500 1,000 2,000 Feet EBI Consulting M A environmental I engineering I due diligence RF JUSTICATION AND ALTERNATIVE SITES REVIEW September 28, 2012 Q } a ... 'wireless RF JUSTIFICATION SITE NAME: Wilde Acres ADDRESS: 2250 Back Mountain Rd, Winchester VA 51069 The objective of the Wilde Acres site is to provide Verizon Wireless services along Back Mountain Rd. and enhance coverage on secondary roads in the vicinity of Winchester and surrounding areas. The site will not only fill coverage gaps but will enhance 4G -LTE data service to all residences in the surrounding area. Currently due to the high demand of high speed data the existing surrounding cell sites do not support the capacity needs for the area, this site will offload these sites and enhance data speeds. There are no existing structures within the search area to support Verizon's antennas and the proposed structure will be constructed no higher on elevation than necessary. The attached coverage plots were propagated at 120OPL for adequate indoor service and 133OPL for adequate outdoor service. Prepared by: Alvaro Vidal Sr. RF Engineer � 1-7 \. •�� A a4 \, \ r• � � , $. . � � ■, , B;:: R� - 0 CL � t4i � � w■ | - �. .. . ! . .L. � IIIF � ` .� ■ 7 > � � : � � �. ■ � . » � , IM � % jr ti AAA Lo A*v 96 0 N > %oil r � i � � a J j!]r REQUEST FOR CONDITIONAL USE PERMIT COMMENTI Frederick County inspections Department Mail to: Frederick County Inspections Department 107 North Kent Street, 2 nd Floor Winchester, Virginia 22601 (540) 665 -5650 r : 1 ._ Applicant: It is your responsibility to complete this form as accurately he agency with their review. Also, please attach two (2) copies of your application form kwatinn man an d all other pertinent information. Applicant's Name: Cellco Partnership d /b /a Verizon Wireless Telephone: Mailing Address: Hand deliver to: Frederick County Inspections Department 703- 726 -2547 Attn: Building Official 107 North Kent Street, 2 nd Floor Winchester, Vir ginia 201 R oyal � S. E. Suite teesbuig, VA 20175 !'rodo;icl: Coin; y Name of development and /or description of the request: 17 , uNiC VJor & lnspections Unmanned telecommunications facility consisting of 15 antenna mounted on a 195' monopole with a related equip ent shelter, measures 30' long by 117' wide and 10 ' 7 " tou in a 40' by nn' r . G@ d ..,,., pow nd area at _the base of the monepol ® Location of Property: 2250 Back Mountian Road B Winchester, VA 22602 ax Map: -- Juilding Official's Comments: 4 Bt wilding Official's Signature & Date: Notice to Inspections - Please Return This Form to the Applicant Donohue & Stearn. PLC i, 12 Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2009. Per the Section 102.3 of the Virginia Uniform Statewide Building Code, 2009 edition, Section 102.3 VTJSBC exempts equipment, related wiring, and poles and towers supporting the related wiring installed by a provider of publicly regulated utility service.....The exemption shall apply only if under applicable federal and state law the ownership and control of the equipment and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be located on either public rights-of-way or private property for which the service provider has rights of occupancy and entry; however, the structures, including their service equipment, housing, or supporting such exempt equipment and wiring shall be subject to the USBC. The installation of equipment and wiring exempted by this section shall not create an unsafe condition prohibited by the USBC. Construction of Pre Engineered shelter requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional Fencing greater than 6' in height requires a building permit s � , � � � f6 0 w _c C: �fQ 4-J f6 � V O Q1 �C m O LP) fol N 10 w 44& 7 1 77 lift « * �! \\ � ml _<- `. ■k \��� � sal .� _ 1x^11 J Z J JIM 0 jzks CL _� Ck -HIS, t3 .BIC yCb all $04 � ./ ! §� Z «�4 7 \ \ \�� 3 $ s # � � )<�f ��K� r a' ?-t, , ! 'IL z oa g�� cq CQ n v 0 to N co m 4 , 1• Si I AI I pp 14"11 '. lei li t oil Fl o 0 =Z -- - L mom a. CI 01 Fl o 0 =Z -- - L mom a. cv vi a n T ( J jMrooV NV raoa&W L091:Z VfFl 19LIIn ` 1a19N1M 9 - aaox Nld 53d7 06= WI N -� � t' JJ _, le t i l l all l t t its if fit I i M gg � = }i f Si i<s t � R q . se t s R I N 4 �Q 3n FSy # i i tit a \ 'Ih•!l1 =3 r a � a ` le U) ol I J= 5 IS O A W w W < S, 50.1 E 9cci CG 4 1 1 0 i r. evp U) ol I J= 5 IS O A W w W < S, COUNTY of FREDERICK Department of Planning and Development 5401665-5651 MEMORANDUM FAX: 5401665-6395 To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Subject: Discussion — Height Requirements in the EM, M1, and M2 Districts, Automated Facility Heights and Conditional Use Permit Requirements Date: September 3, 2013 Staff has received a request to revise the Zoning Ordinance to increase the maximum height in the EM (Extractive Manufacturing), MI (Light Industrial), and M2 (Industrial General) Zoning Districts. Currently the maximum height in the EM District is 45' and the maximum height in the MI and M2 Districts is 60'. The applicant has requested to increase the maximum height for occupied structures in the EM District from 45' to 100' and to increase the height for unoccupied structures from 45' to 200'. The request also proposes to increase the maximum height in the MI and M2 Districts from 60' to 100'. The purpose of the requested EM District height increase is to allow Canneuse Lime to construct a 200' kiln structure at their Clearbrook site for the production of lime. Staff has prepared a revision to the EM District that provides for an increase in the EM height district height for all structures from 45' to 60' and an allowance for unmanned structures to be constructed up to 200' in height with approval of a conditional use permit. It should be noted there are four EM-Zoned areas in Frederick County (Clearbrook, Middletown, Round Hill and Gore). Staff limited the increased by-right height to 60' because taller structures may not be appropriate at all EM-Zoned areas of the County (due to their proximity to historic and residential areas) and taller structures should be considered on a case-by-case basis. The permitted height in the MI and M2 Districts remains at 60 feet, but an allowance for 150' has been included with a Conditional Use Permit. A revision to the supplementary use regulations for height exemptions has also been added to expand the automated facility 100' allowance to also include automated manufacturing facilities. DRRC SUMMARY OF THE 7/25/13 MEETING: The DRRC discussed the various height increases and ultimately recommended that the amendments move forward as follows: 1) The EM by-right height should increase to 60' and be allowed up to 200' with a Conditional Use Permit; 2) the MI and M2 by-right height should stay at 60' and should be allowed up to 150' with a Conditional Use Permit. Additional setbacks are included for all districts when the height exceeds 60'. PLANNING COMMISSION SUMMARY AND ACTION OF THE 8/21/13 MEETING: The Planning Commission was amenable to the increasing the EM height from 45' to 60' as a by-right use and providing an allowance for the EM District to be increased to 200'. The Planning Commission also recommended that the MI and M2 Districts stay at 60' by-right and 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Board of Supervisors Discussion EM, Ml and M2 Height Revisions September 3, 2013 provide an allowance for the height to be increased to 150'. The Planning Commission did express concern regarding the utilization of the Conditional Use Permit (CUP) process for the height increases. The Commission agreed that the height increases needed additional oversight and should be reviewed by the Board of Supervisors, but felt that the CUP process created the perception that the permit needed to be reviewed and renewed and could be revoked at some future point if the use is negatively viewed. It was believed this situation could make it difficult for a developer to acquire financing or to invest money in a project. Staff stated that the CUP process is the mechanism in the Zoning Ordinance that could provide the Board of Supervisors with additional review for a requested height increase. Staff noted the industrial /commercial CUPS are different from a home occupation CUP due to the fact that conditions would be implemented on a site plan and if a violation were to occur, the County would solely be seeking compliance, not revocation. Staff also stated that the CUP regulations could be modified to ensure that revocation of an approved permit could only be due to violations contained in the approved conditions, and not due to other ordinance violations. Since the Planning Commission discussion, Staff has drafted two minor revisions to the Conditional Use Permit requirements. The first change provides further clarification on the need for additional oversight for particular uses to ensure their location is appropriate. The second change modifies the revocation language. The revised text states that a Conditional Use Permit can be revoked for repeated violations of the conditions approved with the permit (instead of violations of any section of the Zoning Ordinance). These changes help clarify that a Conditional Use Permit may be the appropriate avenue for height increases. The Conditional Use Permit process will ensure that the Board of Supervisors is given the ability to determine the appropriateness of a requested use in a particular location while providing an application with security that their permit cannot be revoked for issues unrelated to the approved permit. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the PC (with strikethroughs for text eliminated and bold italic for text added). Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments; attached is a resolution directing the item to public hearing should the Board of Supervisors deem it appropriate. Attachment: 1. Proposed Height Revisions (deletions shown in strikethrough and additions show in bold underlined italics). 2. Proposed Conditional Use Permit Revisions. 3. Request Letter. 4. Resolution CEP /pd DRAFT Ordinance Amendment Attachment 1 EM /M1 /M2 Districts ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 — EM Extractive Manufacturing District § 165 - 608.01 Intent. The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of which rely on the extraction of natural resources. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. It is also the intent of this article to avoid the encroachment of incompatible uses on the borders of the EM District. § 165 - 608.02 Permitted and Conditional uses. 1. The following uses shall be allowed: A. Surface or subsurface mining of rock, metal and nonmetallic ores. B. Oil and natural gas extraction and /or pumping, including storage of production produced on the site. No refining is allowed. C. Sand and gravel mining and processing. D. Crushed stone operations. E. Manufacture and processing of cement, lime and gypsum. F. Asphalt and concrete mixing plants. G. Brick, block and precast concrete products. H. Farming, agriculture, orchards, nurseries, horticulture, dairying and forestry. I. Accessory uses. J. Business signs. K. Public utilities, including poles, lines, distribution transformers, pipes, meters and sewer facilities. L. Signs allowed in § 165- 201.06B. M. Freestanding building entrance signs. 2. Uses allowed with a conditional use permit shall be as follows: A. Unmanned structures utilized for a use permitted in the EM District exceeding 60 feet in height. DRAFT Ordinance Amendment Attachment 1 EM /M1 /M2 Districts § 165 - 608.03 Performance standards. All uses shall conform to applicable state or federal regulations governing noise and vibration. The Zoning Administrator may require the submission of a copy of data submitted to state or federal agencies pertaining to these performance standards with the required site plan. § 165 - 608.04 Landscaping. Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts. § 165 - 608.05 Setback and yard requirements. A. Front setback. (1) All principle and accessory structures shall be set back 75 feet from any road, street or highway right -of -way. (2) Excavations shall be no closer than 100 feet from any road, street or highway right -of -way. The Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. B. Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from any side or rear property boundary. (1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. The Board of Supervisors may reduce this required setback to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. (2) Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. The Board of Supervisors may reduce these required setbacks to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. (3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the Board of Supervisors may reduce this yard requirement to a minimum of 200 feet. § 165 - 608.06 Height limitations. DRAFT Ordinance Amendment Attachment 1 EM /M1 /M2 Districts A. No structure shall exceed 60 feet in height, except as outlined below: 1. Unmanned structures utilized for a use permitted in the EM District may exceed 60 feet in height with a Conditional Use Permit. All structures over 60 feet in height must be set back from Property lines an additional two feet for each one foot in height above 60 feet. In no case shall any unmanned structure exceed 200 feet in height. § 165 - 608.07 Additional requirements. All uses in the EM District must conform with all state, federal and local regulations. All mining operators shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with the required site plan. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201— Supplementary Use Regulations § 165 - 201.03 Height limitations; exceptions. B. Exceptions to height requirements. (4) Automated storage facilities in the OM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 601— Dimensional and Intensity Requirements § 165 - 601.02 Dimensional and intensity requirements The following table describes the dimensional and intensity requirements for the business and industrial districts: DRAFT Ordinance Amendment Attachment 1 EM /M1 /M2 Districts Part 606 — M1 Light Industrial District § 165 - 606.03 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses District Requirement 1131 B2 B3 OM M1 M2 Front yard setback on primary or arterial highways (feet) 50 50 50 50 75 75 Front yard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 Minimum landscaped area (percentage of lot area) 35 15 25 15 25 15 Maximum height (feet) 35 35 35 60 60 * 60 *In the M1 and M2 Districts the maximum height may be increased to 150 feet (see 165 - 606.03 and 165 - 607.03) with a conditional use permit. Such structures shall provide an additional setback of two (2) feet for each one (1) foot in height above 60 feet. Part 606 — M1 Light Industrial District § 165 - 606.03 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Truck Trailer Parking - - - -- Structures exceeding 60 feet in height, not to exceed - - - -- 150 feet in height. DRAFT Ordinance Amendment Attachment 1 EM /M1 /M2 Districts Part 607 — M2 Industrial General District § 165 - 607.03 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Truck Trailer Parking - - - -- Structures exceeding 60 feet in height, not to exceed - - - -- 150 feet in height. Conditional Use Permits Attachment 2 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 103 — Conditional Use Permits § 165 - 103.01 Consideration; approval or disapproval. A. Certain uses in each zoning district are listed as being allowed with a conditional use permit. The conditional use process provides for certain uses which may only be appropriate in specific locations within the County, but only with additional oversight and planning. These uses either have unusual characteristics or have characteristics different from those of their immediate surroundings. B. The Board of Supervisors shall approve or disapprove, as a legislative function with recommendation from the Planning Commission, requests for conditional use permits. § 165 - 103.02 Standards. In considering whether to approve a conditional use permit, the Board shall consider the following standards: A. The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. C. The conditional use shall be in accord with the polices expressed in the Comprehensive Plan of the County and with the intent of this chapter. D. The conditional use shall not adversely affect the natural character and environment of the County. E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. F. The conditional use shall conform with all applicable regulations of the district in which it is located. § 165 - 103.03 Conditions. In granting a conditional use permit, the Board of Supervisors may place appropriate conditions on the permit. Such conditions shall be considered to be a part of the requirements of this chapter. Violations of the established conditions shall constitute violations of this chapter. The conditions established as a part of the approval of a conditional use permit may be modified only through the full application procedures described in this section. Conditions which may be placed on the conditional use permit may include but need not be limited to conditions which address the following issues: Conditional Use Permits Attachment 2 A. Length of time or duration of the permit. B. Periodic renewal. C. Guaranties or bonds to insure timely compliance with the imposed conditions. D. Size and location of the building or use or lot, including setback and yard requirements. E. Appearance or maintenance of the building or use. F. Prevention of smoke, odors, fumes, dust, noise, traffic congestion or flooding. G. Lighting of the site. H. Access to the site, including the location and number of access points. I. Road improvements, including increasing road widths. J. Numbers of parking or loading spaces and design of parking or loading areas. K. Number, size, location, lighting and character of signs. L. Landscaping. M. Fencing, buffers and screening. N. Outdoor operations and storage. O. Limits on occupancy or numbers of employees. P. Density or intensity of the use. Q. Building height. R. Hours of operation. S. Stormwater management and other environmental protections. T. Methods of providing for sewage disposal and water supply. U. Preservation and protection of trees, woodlands, streams or other natural features. V. Site plan and other plan requirements. W. Limitations on the use of the land. X. Limitations on the type of housing provided. Conditional Use Permits Attachment 2 Y. Limitations on the density or intensity of the use. Z. On -site or off -site sewer or water improvements. AA. On -site or off -site drainage improvements. BB. On -site or off -site road, entrance or driveway improvements. CC. Requirements concerning the phasing or timing of development. DD. The dedication of land for planned roads or for facilities identified in the Frederick County Capital Improvements Plan. EE. The construction of planned roads or necessary road improvements. FF. The construction of facilities identified in the Frederick County Capital Improvements Plan. § 165 - 103.04 Application and approval procedures. Procedures for applying for and approving a conditional use permit shall be the same as the procedures described for applying for and approving a rezoning as described in Article I of this chapter. § 165 - 103.05 Fees. Every application or reapplication for a conditional use permit shall be accompanied by a fee in the amount as set by resolution of the Board of Supervisors from time to time, to cover the costs of advertising and other expenses connected with the processing of a petition or application or reapplication. Every application or reapplication for a conditional use permit shall be signed by the landowner and the applicant if the applicant is not the landowner. § 165 - 103.06 Site plans. The Zoning Administrator may require that the application for a conditional use permits be accompanied by a site plan meeting some or all of the site plan requirements of this chapter. Plans may be required in order to provide sufficient information to allow full consideration by the Planning Commission and Board of Supervisors. § 165 - 103.07 Changes in use. After approval of a conditional use permit by the Board of Supervisors, any change in the use for which the conditional use permit was granted shall require a new conditional use permit following the procedures set forth in this article. Upon application, the Zoning Administrator may allow the minor expansion or intensification of the use in question without a new conditional use permit. Such minor expansion shall be allowed only so long as no conditions placed on the permit nor any other requirements of this chapter are violated. § 165 - 103.08 Revocation. Conditional Use Permits Attachment 2 The Board of Supervisors may, by resolution, initiate the revocation of any active conditional use permit. The consideration of the revocation shall proceed following the procedure set forth for approving a new conditional use permit. Following recommendation by the Planning Commission, the Board may revoke an active conditional use permit for the following reasons: A. Failure to establish or discontinuance of the approved conditional use. If the approved conditional use has not been established within two years of its approval or if it has been discontinued for two years, the conditional use permit may be revoked. B. Repeated or continuing violations of t his e iReludiRg of the conditions placed on the permit. C. Fraudulent, false or misleading information supplied by the applicant in applying for the conditional use permit. CONDITIONAL USE PERMIT Inital Meeting with Staff Circulate Application for Agency Review Comments Complete Application is Submitted and Fees are Paid Planning Commission Public Hearing Board of Supeivisors Public Hearing Permit Denied 7tions roved 7 mpleted ired 7 Sitepection Conditional Use Permits Attachment 2 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722-4051 June 7, 2013 Mark Cheran, Zoning & Subdivision Administrator Department of Planning & Development 107 North Kent Street; Suite 202 Winchester, VA 22601 THOMAS MOORE LAWSON • TLAWSONQ77,LSPLC.COM Re: Carmeuse Lime Our File No. 462.022 VIA E -MAIL Dear Mark: Enclosed please find proposed Zoning Ordinance text amendments which would allow for taller structures in EM and M zoning districts in Frederick County. Please give me your comments to these drafts so that we can put something in a more final form to be presented to the Development Review and Regulations Committee. As you and I have discussed, it is an appropriate time to look at both EM and M zone height restrictions, so that we can have a more modern approach, and hopefully be more attractive, to more industrial development. One thought I had is that we would do well to look at the new structures planned at Miller Milling, Hood or elsewhere and use the heights of those structures as examples of why the ordinance ought to allow for taller structures. I do not have the details for those facilities so I will look to you for some guidance on this. FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: ( 540) 635 -9415• FACSIMILE: (540) 635 -9421• E- MAIL: JSILEK(aLAWSONANDSILEK.COM Mark Cheran, Zoning & Subdivision Administrator June 7, 2013 Page 2 Thank you for your continued assistance and cooperation. I look forward to hearing from you at your earliest convenience. Very truly yours, Thomas Moore Lawson TML.jk Enclosures cc: Carmeuse Lime & Stone Action: BOARD OF SUPERVISORS: September 9, 2013 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE VI — BUSINESS AND INDUSTRIAL ZONING DISTRICT PART 608 — EM EXTRACTIVE MANUFACTURING DISTRICT PART 601 - DIMENSIONAL AND INTENSITY REQUIREMENTS PART 606 — M1 LIGHT INDUSTRIAL DISTRICT PART 607 — M2 INDUSTRIAL DISTRICT ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 201 — SUPPLEMENTARY USE REGULATIONS §165- 201.03 0 HEIGHT LIMITATIONS EXCEPTIONS ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS PART 103 — CONDITIONAL USE PERMITS § 165- 103.01 CONSIDERATION; APPROVAL OR DISAPPROVAL. § 165 - 103.08 REVOCATION. WHEREAS, the Frederick County Planning Department has received a request to revise the Zoning Ordinance to increase the maximum height in the EM, MI and M2 Zoning Districts; and WHEREAS, The Development Review and Regulations Committee (DRRC) recommended this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on August 21, 2013; and -2- WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on September 9, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 to increase the maximum height in the EM, M1 and M2 Zoning Districts and revise the Conditional Use Permit requirements. NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes increase the maximum height in the EM, M 1 and M2 Zoning District and revise the Conditional Use Permit requirements. Passed this 9th day of September, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Robert W. Wells Charles S. DeHaven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665 -6395 MEMORANDUM To: Frederick County Board of Supervisors From: Candice E. Perkins, AICP, Senior Planner Subject: Discussion TDR Ordinance Revisions Date: September 3, 2013 Staff has drafted three proposed changes to the Transfer of Development Rights (TDR) Ordinance that was originally adopted in 2010. The proposed revisions are as follows: Revision #1 — Transfer of Development Rights (TDR) Density Table (See sheet 6 of the TDR Ordinance) In January 2013, the Board of Supervisors approved a number of revisions to the RP (Residential Performance) Zoning District. One of the revisions was a change to the maA&n FP density. The currently adopted Transfer of Development Rights (TDR) density table was based on the previous RP Density table and, therefore, needs to be updated. In addition to the ordinance being updated to be consistent with the RP changes, another reason for these changes is to ensure that the use of TDR's remain a beneficial option for future development in lieu of rezoning. The TDR table has been revised to follow the same format the �Llopted RP Density table. Changes include: 1 • Incorporating the RP density requirements (based on housing types and parcel size). • Increasing the RP allowable density when using TDR's for a development. • Increasing the RA (Rural Areas) permitted maximum density using TDR's to be consistent with Maximum Rr Zlensity using s The adopted RP Density table has been included for reference. Revision #2 — Contiguous Sending Properties (See sheet 3 of the TDR Ordinance) Draft revision to the TDR ordinance to include a minor addition that allows the use of contiguous parcels for TDR transfers (one property may have state road frontage but another contiguous property under the same ownership may not). Revision #3 — Density R ight Conversion Rate (See sheet 7 of the TDR Ordinance) Draft revision to the TDR ordinance to include a density right conversion that would apply to density rights being applied to receivinyroperties. The conversion would be based on the type of housing S unit being developed on the receiving property single- family detached, single- family attached or multifamily 1.07 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Board of Supervisors Discussion TDR Ordinance Revisions September 3, 2013 Page 2 In reviewing the TDR Ordinance and discussions with parties interested in utilizing TDR rights for their developments, it has come to staff's attention that the projected value of a TDR would only be economically feasible to utilize when developing a single - family detached development and would not be attractive when developing single - family attached (townhouse) or multifamily units. With a rezoning, the capital impact a dwelling unit has on the County is based on the development impact model which is broken down by housing type. As outlined in the impact model output, a single - family dwelling unit has a higher impact on capital facilities than a multifamily unit. The development impact model currently calculates the capital facility impacts as follows: • Single - Family Dwelling Unit = $ 19,600 • Town Home Dwelling Unit = $ 13,062 • Apartment Dwelling Unit = $ 11,339 A single family dwelling unit constructed in both the rural areas and the urban areas has an impact of $19,600 on capital facilities (based on the 2013 Development Impact Model). This impact doesn't include the impact on the local transportation network. Dwellings constructed in the urban areas typically have access to a road network that is better capable of accommodating the traffic generated by new dwellings, while dwellings constructed in the rural areas access the existing rural road network which typically is not constructed in a way to accommodate additional units. Additionally, state transportation funding programs favor transportation in urban and suburban areas. While the use of TDR's prohibit the County from collecting proffers and capital facility impacts, the County does not lose out by the use of TDR's. The County absorbs the fiscal and transportation impacts of rural development either way, and the use of TDR's allows those units to be transferred to the urban areas which are better equipped to handle that development. To help bridge this value gap, staff has prepared a revision to the TDR ordinance that allows for the following: • When utilizing TDR's to develop single - family detached dwellings on a receiving property, one TDR density right can be used to develop one single - family detached dwelling unit. • When utilizing TDR's to develop single - family attached dwellings (townhouses) on a receiving property, one TDR density right can be used to develop 1.5 single - family attached dwelling units. • When utilizing TDR's to develop multifamily dwellings on a receiving property, one TDR density right can be used to develop 1.75 multifamily dwelling units. By including a conversion rate, it allows the TDR value to remain fair and stable while allowing a developer to construct various housing types. Review History Revision #1 was discussed by the DRRC on April 25, 2013 and by the Planning Commission on May 15, 2013. The Planning Commission recommended that the density updates be forwarded to the Board of Supervisors for review. Following the Planning Commission review of the density table updates, staff drafted additional changes to the TDR ordinance and the previously discussed updates Board of Supervisors Discussion TDR Ordinance Revisions September 3, 2013 Page 3 were put on hold so all the TDR updates could be processed concurrently. Revisions 92 and #3 were discussed by the DRRC on July 25, 2013. The DRRC was supportive of the proposed amendments being forwarded to the Planning Commission for discussion. The Planning Commission discussed all three revisions at their meeting on August 21, 2013; the Planning Commission forwarded the amendments to the Board of Supervisors for discussion. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). Staff is seeking direction from the Board of Supervisors on these Zoning Ordinance text amendments; attached is a resolution directing the item to public hearing should the Board of Supervisors deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and deletions shown with strikethrough. 2. Adopted RP Density table. 3. Development Impact Model. 4. Resolution CEP /pd CHAPTER 165 - ZONING ARTICLE III Transfer of Development Rights (TDR) Program Part 301— Establishment and Purpose. §165- 301.01. Purpose. Pursuant to the authority granted by §§ 15.2- 2316.1 and 2316.2 of the Code of Virginia, there is established a transfer of development rights (TDR) program, the purpose of which is to transfer residential density from eligible sending areas to eligible receiving areas and /or transferee through a voluntary process for permanently conserving agricultural and forestry uses of lands and preserving rural open spaces, and natural and scenic resources. The TDR program is intended to supplement land use regulations, resource protection efforts and open space acquisition programs and encourage increased residential density where it can best be accommodated with the least impacts on the natural environment and public services by: A. Providing an effective and predictable incentive process for property owners of rural and agricultural land to preserve lands with a public benefit; and B. Implementing the Comprehensive Policy Plan by directing residential land uses to the Urban Development Area (UDA); and C. Providing an efficient and streamlined administrative review system to ensure that transfers of development rights to receiving areas are processed in a timely way and balanced with other county goals and policies, and are adjusted to the specific conditions of each receiving area. §165- 301.02. Applicability. The procedures and regulations in Article III of Chapter 165 shall apply to the transfer of development rights from land qualifying as sending properties to land qualifying as receiving properties and /or to a transferee. Land utilizing transferred development rights may be subdivided at an increased density above the base density specified by Tables 1 -3 1 -;; ^d in §165- 302.03 in applicable receiving areas. All development utilizing transferred development rights shall conform to the guidelines contained in the Comprehensive Policy Plan. §165- 301.03. Right to Transfer Development Rights; General Provisions. A. A development right shall be transferred only by means of documents, including a covenant to which Frederick County is party and any appropriate releases, in a recordable form approved by the Director of Planning and Development or his designee. The covenant shall limit the future construction of dwellings on a sending property to the total number of development rights established by the zoning of the property minus all development rights previously transferred in accordance with this chapter, any development rights previously extinguished or limited as a result of a recorded covenant against the property, the number of development rights to be transferred 1 CHAPTER 165 - ZONING by the proposed transaction, and the number of existing single - family detached dwellings on the sending property. If a sending property contains no dwelling units, a development right equal to that for one single - family dwelling must be maintained for the property, except that, for properties larger than one hundred (100) acres, one development right equal to that for one single - family dwelling must be maintained for each multiple of one hundred (100) acres, or fraction thereof, contained within the sending property. B. Each transferor shall have the right to sever all or a portion of the rights to develop from the parcel in a sending district and to sell, trade, or barter all or a portion of those rights to a transferee consistent with the purposes of §165- 301.01 so long as the conditions of §165- 301.03A are met. C. Any transfer of development rights pursuant to this Chapter authorizes only an increase in maximum density and shall not alter or waive the development standards of the receiving district, nor shall it allow a use otherwise prohibited in a receiving district. D. Transfer of development rights shall not be available for the following: 1) Portions of lots owned by or subject to easements (including, but not limited to, easements of roads, railroads, electrical transmission lines, gas or petroleum pipelines) in favor of governmental agencies, utilities and nonprofit corporations. 2) Land restricted from development by covenant, easement or deed restriction. E. Any transfer of development rights shall be recorded among the land records of Frederick County, Virginia. F. Value of transferable development rights. The monetary value of transferred development rights is completely determined between the seller and buyer. Part 302 — Sending and Receiving Properties §165- 302.01. Sending Properties. A. For the purposes of this chapter, a sending property must be an entire tax parcel or lot qualified under §165 - 302.0113 of this section. Sending areas may only be located within the rural areas outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and zoned RA (Rural Areas), as described in the Comprehensive Policy Plan and the RA Zoning District of this Chapter. A sending property shall be maintained in a condition that is consistent with the criteria in this section under which the sending was qualified. 2 CHAPTER 165 - ZONING B. Qualification of a sending property shall demonstrate that the site contains a public benefit such that the preservation of that benefit by transferring residential development rights to another site is in the public interest, according to all of the following criteria: 1) Designated in the Comprehensive Policy Plan as Rural Area; 2) Designated on the Zoning Maps of Frederick County as being zoned RA (Rural Areas) and be located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); Click in this box to 3) Designated on the Sending Areas Map; return to the page you 4) Comprised of at least twenty (20) acres in size; and were previously viewing 5) Qualified for subdivision in accordance with Chapter 144 of the Frederick County Code including, but not limited to, meeting all state road and access requirements. For TDR purposes, if the sending property consists of more than one parcel of land, at least one lot must meet all the subdivision requirements of Chapter 144, this lot shall be deemed the primary lot. Additional parcels that do not meet the subdivision requirements but are contiguous to the primary lot maybe added to the sending property, if they are all under common ownership. For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street was removed. C. If a sending property has any outstanding code violations and /or unpaid taxes, the owner shall resolve these violations, including any required abatement, restoration, or payment of penalties or taxes, before the property may be qualified as a sending property in the transfer of development rights program. §165- 302.02. Receiving Properties. A. Except as provided in subsections B and C of this section, in order to be eligible as a receiving property, a property must be: 1) Located in one of the following zoning districts: a. RP (Residential Performance) District; b. R4 (Residential Planned Community) District; or c. RA (Rural Areas) District; and 2) Designated on the Receiving Areas Map; 3) Served by public water and public sewer; 3 CHAPTER 165 - ZONING 4) Served by state - maintained roads or have the ability to utilize private roads in the RP District as permitted by Chapter 165 or Chapter 144. 5) Located within the Urban Development Area (UDA) or a designated and defined Rural Community Center as identified in the Comprehensive Policy Plan; and 6) Identified in the Frederick County Comprehensive Policy Plan for residential land uses. B. A property is not eligible as a receiving property if the transfer of development rights to the property would adversely impact regionally or locally significant historical resources or naturally sensitive areas as specified in the Comprehensive Policy Plan. C. A property is not eligible as a receiving property if the property is located within the airport support area as identified by the Comprehensive Policy Plan. D. If a receiving property has any outstanding code violations and /or unpaid taxes, the owner shall resolve these violations, including any required abatement, restoration, or payment of penalties or taxes, before the property may be qualified as a receiving property in the transfer of development rights program. E. A receiving property may accept development rights from one or more sending properties, up to a maximum density specified in Tables 1 -3 ' ;; Table 2 in §165- 302.03. §165- 302.03. Calculation of development rights. A. The number of residential development rights that a sending property is eligible to send to a receiving property and /or transferee shall be determined by applying the sending property base density established in subsection C of this section to the area of the sending property after deducting all the following: 1. Development rights previously transferred in accordance with this chapter; 2. Development rights previously extinguished or limited as a result of a recorded conservation easement or similar covenant against the property; 3. The number of existing single - family dwellings on the sending property; 4. The amount of any submerged land (i.e., lakes, ponds, streams), floodplains, and steep slopes as determined by Frederick County GIS Data. 5. The amount of any land contained within easements (including, but not limited to, easements of roads, railroads, electrical transmission lines, gas or petroleum pipelines) in favor of governmental agencies, utilities and nonprofit corporations. B. If a sending property contains no dwelling units, a development right equal to that for one single - family dwelling must be maintained for the property. Properties with over 100 acres shall be required to retain the number of development rights required in accordance with Section 165 - 301.03A. 4 CHAPTER 165 - ZONING C. For the purposes of calculating the amount of development rights a sending property can transfer, the square footage or acreage of land contained within a sending property shall be determined by a valid recorded plat or survey, submitted by the applicant property owner and that has been prepared and stamped by a land surveyor licensed in the Commonwealth of Virginia. D. For the purposes of the transfer of development rights program only, sending sites zoned RA (Rural Areas) shall have a base density of one dwelling unit per five acres for transfer purposes. E. Any fractions of development rights that results from the calculations in subsection A of this section shall not be included in the final determination of total development rights available for transfer. F. Development rights from one sending property may be allocated to more than one receiving property and /or transferee and one receiving property and /or transferee may accept development rights from more than one sending property. G. The determination of the number of residential development rights a sending property has available for transfer to a receiving property and /or transferee shall be documented in a TDR LETTER OF INTENT to issue a TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE issued by the Director of Planning and Development or his designee, pursuant to the provisions of this Part 302.05 of Chapter 165, and shall be considered a final determination, not subject to revision. Such a determination shall be valid only for purposes of the transfer of development rights program and for no other purpose. Any changes to the proposed sending property shall void any issued letters of intent. H. A sending property transferee may extinguish TDR density rights, sever and hold TDR density rights, sever and sell TDR density rights, or apply TDR rights to a receiving property in a receiving district in order to obtain approval for development at a density greater than would otherwise be allowed on the land in the receiving district, up to the maximum density or intensity outlined in the table below: 5 Click in this box to CHAPTER 165 - ZONING return to the page you were previously viewing Table 1 Maximum Density Allowed in Zoning Districts through Transfer of Development Rights (TDR) Program Zoning District Pr And Land Use Size Density in Dwelling Units per Acre with DR In Acres Dwelling Units per Transfers Acre Without T RA RA NA i,„I H,„ - DeRs t y a ll e ,. e d it +� (Rural Areas) Receiving 1 Unit Per 5 f 16g RP D; #Pirt ,. jt+ iR tl.e I D,6 PeF Property Acres 49 Density for qualified RA Receiving Properties in the UDA shall be consistent with the allowable RP Density Utilizing TDR's (see below) RA RA 1 Unit Per 5 1 Unit Per Acre in Designated Rural (Rural Areas) Receiving Acres Community Centers served by *For Designated Rural Community Centers Property Community Septic Systems RP 4-1-9 49 4-5 (Residential Performance) 19-99 *Density by parcel size for all other housing >199 0 -10 10.1 -25 4 10 6 6 15 10 types and developments with mixed housing tvags l *See § 165 - 402.05 for maximum percentage 25.1-50 50.1+ 6 6 10 10 of multifamily housing RP (Residential Performance) Multifamily Residential Buildings & Age N/A 20 24 Restricted Multifamily Garden Apartments 10 15 Townhouse (single family attached) 10 15 R4 (Residential Planned Community) >100 4 4- 10 11 Click in this box to return to the page you CHAPTER 165 - ZONING were previously viewing I. TDR density rights may be converted to bonus density rights by an increase in the residential density on the receiving property, based on the conversion factors in the table below: Table 2 Maximum Density Allowed in Zoning Districts through Transfer of Development Rights (TDR) Program 1. Allowable sending area bonus density remains subject to the maximum density provisions outlined in Table 1 of §165- 302.03H. 2. If properties located in Sending Area #1 (designated Agricultural and Forestal District) that have transferred bonus density rights are subsequently withdrawn from the designated sending area (the designated Agricultural and Forestal District), the total number of density rights transferred, including bonus density rights, shall be counted against any future subdivision ability of the property. 3. When TDR density rights are applied to a receiving property, the density right to housing type conversion rate shall be outlined in the table below. Such density conversions shall be demonstrated on the Master Development Plan for the receiving property. Table 3 TDR Denisty Right Conversation Rate §165- 302.04. TDR Sending Property Development Limitations. A. Following the transfer of residential development rights, a sending property that has retained part of their development rights may subsequently accommodate remaining residential dwelling units on the sending property consistent with the requirements of the RA (Rural Areas) District and all requirements of the Frederick County Code. A sending property that has retained part of its 7 CHAPTER 165 - ZONING development rights may also transfer the remainder of the eligible rights through the transfer of development rights program. B. On sending properties with environmental features as outlined in § 165- 302.03A, the development rights shall be severed from the areas outside of the specified environmental features. If development rights are retained on the sending property, future subdivision of the parcel cannot occur on the areas where development rights have already been severed. C. The limitations in this section shall be included in a deed covenant applicable to the sending property. §165- 302.05. Sending Property Certification. A. The Director of Planning and Development or his designee shall be responsible for determining that a proposed sending property meets the qualifications of §165- 302.01. The Director of Planning and Development or his designee shall render a determination or denial under this subsection within sixty (60) days of the date of submittal of a completed sending property determination application. If the determination is that a property meets the qualifications of §165- 302.01, the Director of Planning and Development or his designee shall issue the determination in the form of a LETTER OF INTENT to issue a TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE. A LETTER OF INTENT issued under this subsection shall be valid until the development rights are severed and extinguished through the transfer process, or unless applicable zoning changes are approved that would affect the sending property, or unless the property is developed. B. Determinations of sending property qualifications under subsection A of this section are appealable to the Board of Supervisors by filing a notice of appeal with the Director of Planning and Development or his designee within thirty (30) days of the date of the determination. C. The Director of Planning and Development shall be responsible for maintaining permanent records of action taken pursuant to the transfer of development rights program under this Article III of Chapter 165, including records of letters of intent issued, certificates issued, deed restrictions and covenants known to be recorded, and development rights retired, otherwise extinguished, or transferred to specific properties and /or transferees. D. Responsibility for preparing a completed application for a determination that a proposed sending property meets the qualifications of §165- 302.01 rests exclusively with the applicant /property owner. An application for a transfer of development rights to issue a transfer of development rights LETTER OF INTENT shall contain: 1) A certificate of title for the sending property prepared by an attorney admitted to practice law in the Commonwealth of Virginia; L-11 CHAPTER 165 - ZONING 2) Five copies of a valid recorded plat or survey, of the proposed sending parcel and a legal description of the sending property prepared by a land surveyor licensed in the Commonwealth of Virginia; 3) A plan showing the existing and proposed dwelling units and any areas already subject to a conservation easement or other similar encumbrance; 4) A completed density calculation worksheet for estimating the number of available development rights; 5) The application fee as set forth in the Development Review Fees adopted by the Board of Supervisors; and 6) Such additional information required by the Director of Planning and Development or his designee as necessary to determine the number of development rights that qualify for transfer. E. A transfer of development rights LETTER OF INTENT issued by the Director of Planning and Development or his designee shall state the following information: 1) The name of the transferor; 2) The name of the transferee , if then known; 3) A legal description of the sending property on which the calculation of development rights is based; 4) A statement of the size, in acres, of the sending property on which the calculation of development rights is based; 5) A statement of the number of development rights, stated in terms of number of dwelling units, eligible for transfer; 6) If only a portion of the total development rights are being transferred from the sending property, a statement of the number of remaining development rights, stated in terms of number of dwelling units, remaining on the sending property; 7) The date of issuance; 8) The signature of the Director of Planning and Development or his designee; and 9) A serial number assigned by the Director of Planning and Development or his designee. F. No transfer of development rights under this ordinance shall be recognized by Frederick County as valid unless the instrument of transfer contains the transfer of development rights certificate issued under this section. §165- 302.06. Instruments of Transfer. A. An instrument of transfer of development rights shall be reviewed and approved as to the form and legal sufficiency by the County Attorney and, upon such approval, the County Attorney shall notify the transferor or his or her agent, who shall record the instrument with the Clerk of the Circuit Court and shall provide a copy to the Commissioner of the Revenue. An instrument of transfer of p7 CHAPTER 165 - ZONING development rights shall conform to the requirements of this section and shall contain the following: 1) The names of the transferor and the transferee; 2) A legal description and plat of the sending property prepared by a land surveyor licensed in the Commonwealth of Virginia; 3) The transfer of development rights certificate described in §165- 302.03F; 4) A covenant indicating the number of development rights remaining on the sending property and stating that the sending property may not be subdivided to or developed to a greater density than permitted by the remaining development rights; 5) A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, assigns, and successors a specific number of development rights from the sending property to a receiving property and /or a transferee; 6) A covenant by which the transferor acknowledges that he has no further use or right of use with respect to the development rights being transferred; and 7) A covenant that all provisions of the instrument of transfer of development rights shall run with and bind the sending property and may be enforced by Frederick County. B. An instrument of transfer of development rights shall be recorded prior to release of development permits, including building permits, for the receiving property. Part 303 — Transfer Process and Development Procedures. §165- 303.01. Transfer Process. Development rights shall be transferred using the following process: A. Following approval of the sending property determination application and issuance of the LETTER OF INTENT as described in §165- 302.05, the Director of Planning and Development or his designee shall issue the TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE, agreeing to a transfer of development rights in exchange for the proposed sending property deed covenant to which Frederick County is a party. If a sending property with a TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE changes ownership, the certificate may be transferred to the new owner if requested in writing to the Department of Planning and Development by the person(s) that owned the property when the certificate was issued, provided that the documents evidencing the transfer of ownership are also provided to the Department of Planning and Development. B. In applying for receiving property or receiving person approval, the applicant shall provide the Department of Planning and Development with one of the following: 1) A TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE issued in the name of the applicant; 10 CHAPTER 165 - ZONING 2) A TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE issued in the name of another person or persons and a signed option to purchase those TDR sending property development rights; or 3) A TRANSFER OF DEVELOPMENT RIGHTS CERTIFICATE issued in the name of the applicant or another person(s) and a copy of a signed option to purchase those TDR sending property development rights. C. The receiving property applicant and /or transferee shall deliver the documentation outlined in § 165 - 303.0113 for the number of TDR development rights being severed or transferred and the TDR extinguishment document to the County. D. Development rights from a sending property shall be considered transferred to a receiving property and /or a transferee and extinguished when the extinguishment document for the sending property has been recorded. §165- 303.02. Development Approval Procedures. A. A request to utilize transferred development rights on an eligible receiving property must be in the form of a Master Development Plan and a Subdivision Design Plan submitted to the Department of Planning and Development in accordance with the Zoning and Subdivision regulations contained in Chapters 165 and 144 of the County Code. B. All subdivisions for receiving properties zoned RA (Rural Areas) utilizing development rights shall be subject to the same requirements as property zoned RP (Residential Performance) and shall not qualify for the standards specified in §144 -31 of the Frederick County Code. C. A final recorded plat for a subdivision using transferred development rights shall contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of the conveyance required by §165- 302.06. 11 Adopted RP Density Table ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 402 — RP Residential Performance District § 165 - 402.05 Gross density. A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section: A. Subsequent divisions of land shall not increase the allowed density on parcels of land. B. In no case shall the gross density and maximum percentage of multifamily housing of any development within an approved master development plan exceed the densities and percentages set forth in the following table: Density by Land Use Density (Units /Acre) Maximum Percentage of Multifamily Housing Multifamily Residential Buildings and Age Restricted Multifamily (excluding garden apartments) 20 Units /Acre 100% Garden Apartments 10 Units /Acre 100% Townhouse (single family attached) 10 Units /Acre N/A Density by Parcel Size (for all other housing types and development with mixed housing types) Density (Units /Acre) Maximum Percentage of Multifamily Housing 0 -10 acres 10 Units /Acre 100% 10.1 -25 acres 6 Units /Acre 100% 25.1 -50 acres 6 Units /Acre 60%75% 50.1 + acres 6 Units /Acre 50% C. Within developments utilizing Transferable Development Rights, the maximum gross residential density for the development shall be determined in §165- 302.03H. Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 12, 2013. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2013 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,600 Town Home Dwelling Unit = $ 13,062 Apartment Dwelling Unit = $ 11,339 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue General Government $564 $43 $419 $33 $425 $33 Public Safety $0 $0 $0 Library ....... .. ....... .......... $496 .... ............ ... ........ ... ...... ... ..... $379 $379 Parks and Recreation $1766 $1,350 $1,350 School Construction $16,731 $10,881 $9,152 ....... .. ....... ........ Total ........ ............ ... ........ ... ...... ... ..... $19,600 $13,062 $11,339 The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read- only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/12/2013 Action: BOARD OF SUPERVISORS: September 9, 2013 IJ APPROVED IJ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE III — TRANSFER OF DEVELOPMENTS RIGHTS (TDR) PROGRAM PART 302 — SENDING AND RECEIVING PROPERTIES §165- 302.01. SENDING PROPERTIES. §165- 302.02. RECEIVING PROPERTIES. §165- 302.03. CALCULATION OF DEVELOPMENT RIGHTS. WHEREAS, the Frederick County Planning Department has drafted three proposed revisions to the Transfer of Development Rights (TDR) Ordinance. The proposed revisions are: (1) updates to the Transfer of Development Rights (TDR) Density Table, (2) an addition that allows the use of contiguous parcels for TDR transfers, and (3) inclusion of a density right conversion that would apply to density rights being applied to receiving properties; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the density revisions on April 25, 2013 and reviewed the allowance for contiguous parcels and the TDR conversion rate on July 25, 2013 and recommended these revisions be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the density revisions on May 15, 2013 and again along with the allowance for contiguous parcels and the TDR conversion rate at their regularly scheduled meeting on August 21, 2013; and WHEREAS, the Board of Supervisors discussed the proposed revisions at their regularly scheduled meeting on September 9, 2013; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter -2- 165 to make the proposed revisions to the TDR Ordinance NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider the proposed revisions to the TDR Ordinance. Passed this 9th day of September, 2013 by the following recorded vote: This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator