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April_22_2015_Agenda_Packet
CO w AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 22, 2015 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:30 P.M. — Closed Session There will be a Closed Session Pursuant to Virginia Code Section 2.2- 3711(A) (7) Involving Consultation with Legal Counsel and Briefing by Staff, Pertaining to a Legal Claim Against the County, R 150 SPE, LLC v.County of Frederick, Virginia, et al. Currently Pending in the Frederick County Circuit Court, where Such Consultation or Briefing in an Open Meeting would Adversely Affect the Negotiating or Litigating Posture of the Board, and the Matter Requires the Provision of Legal Advice by Such Counsel; and Pursuant to Virginia Code Section 2.2- 3711(A) (1), Involving Discussion of Personnel Matters. 7:00 P.M. — Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda (Tentative Agenda Items for Consent are Tabs: D) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes (See Attached) ------------------------------------------------------------------------- - - - - -- A AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 22, 2015 PAGE 2 1. Regular Meeting, March 25, 2015. 2. Regular Meeting, April 8, 2015. County Officials 1. Committee Appointments. (See Attached) ------------------------------------- - - - - -- B 2. Memorandum Re: Request to Set Schedule for Board Meetings During Summer Months and for 2015 Holiday Season and Possible Re- Schedule of November Meeting. (See Attached) ------------------------------------------ - - - - -- C Committee Reports 1. Human Resources Committee. (See Attached) ------------------------------ - - - - -- D 2. Finance Committee. (See Attached) -- Public Hearing -E Twelve Month Outdoor Festival Permit Request of Trumpet Vine Farm (DeMarchi Spears). Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86 -3, Permit Required; Application; Issuance or Denial; Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the Grounds of Trumpet Vine Farm, 266 Vaucluse Road, Stephens City, Virginia. Property Owned by DeMarchi Spears. (See Attached) -------- - - - - -- F 2. Consideration of a Proposed Agreed Order to Resolve Certain Litigation Known as Lake Holidav Country Club. Inc. V. Frederick Countv Board of Supervisors, Et Al. Currently Pending in the Frederick County Circuit Court. A Copy of the Proposed Order will be Available for Inspection and Review at the Office of the County Administrator and will be Included in the Board's Agenda Materials for Its April 22 Meeting. The Board Seeks Public Comment on Seeking the Circuit Court's Entry of an Order in Substantially the Same Form as the Order that will be Available for Public Review. (See Attached) ------------------------------------------------------------------------- - - - - -- G Planning Commission Business 1. Master Development Plan #01 -15 for Graystone Commerce Center. (See Attached) ------------------------------------------------------------------------- - - - - -- H AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 22, 2015 PAGE 3 Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn }^-�. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING MARCH 25, 2015 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 25, 2015 at 6:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jr.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells, ABSENT Redbud District - Vacant CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Hess, the Frederick County Board of Supervisors convened in closed session pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, for discussion and consideration of a personnel matter involving a specific individual, The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S, DeHaven, Jr. Aye Gene E. fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge only personnel matters, pursuant to Section 2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, specifically discussion or consideration of a personnel matter involving a specific individual, were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant RECESS Chairman Shickle advised the Board would recess until 7:00 p.m. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Rod Williams advised he had no changes for the agenda. PA Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CONSENT AGENDA - APPROVED Interim County Administrator Williams offered the following items for the Board's consideration under the consent agenda: - Proclamation — National Telecommunicators' Week in Frederick County, Virginia, April 12 -18, 2015 — Tab D; and - Parks and Recreation Commission Report — Tab H. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Chairman Shickle recognized the leaders and members of Boy Scout Troop #107. PUBLIC HEARING FISCAL YEAR 2015 -2016 BUDGET Interim County Administrator Williams presented an overview of the Fiscal Year 2015- 2016 budget. He advised the total advertised budget for FY 2016 is $275,884,464. School related budgets equal 66% and public safety equates to 17% which includes Sheriff, Fire and 3 Rescue and the Regional Adult Detention Center. The remaining 17% includes the non - school and non - public safety administration, Public Works, Parks, Social Services, Community and Economic Development, Landfill, Airport, Shawneeland, and Lake Holiday. He concluded by saying staff would continue to work towards the budget objectives discussed during the budget work sessions. Discussions will continue at a budget work session prior to the next Finance Committee meeting regarding budget initiatives. Chairman Shickle convened the public hearing. Barbara Burroughs, Opequon District, spoke in favor of funding the requested positions in Fire and Rescue. She noted under the current proposal the department was only getting about 20% of the requested positions. She spoke about a fire at her home and how the firefighters who responded were tired and overwhelmed when they responded. She went on to say the after report was not filed properly. She stated the men did the best they could, but they need more help. She advised that we cannot have these people work all day and expect them to keep things straight. She concluded by asking the Board to give more money to Fire and Rescue. Renee Patrick, managing attorney at Blue Ridge Legal Services, spoke about the legal services they provide to Frederick County's low income residents. She asked that they be put back in the budget for some amount of money. She cited a number of Frederick County clients who were assisted by Blue Ridge Legal Services. She concluded by asking for a modest financial contribution from the County. Marietta Cather Walls, Lord Fairfax Soil and Water Conservation District, stated she was Frederick County's elected volunteer director. She noted the District was proposed to receive $7,000. She cited the work of the District in making our water pure and clean. She noted the money helps support five different employees who work for the District. She 4 concluded by saying that three Frederick County farmers received $250,000 from the state to replace fencing along waterways. Mark Reddy, Gainesboro District and teacher at James Wood High School, commended the Board of Supervisors for their support of the county's school system. He noted the schools do a lot of good work. He concluded by saying he and his family moved back to Frederick County so his daughters could attend Frederick County public schools. Darren Jones, Opequon District, stated he was a patron of Bowman Library and a home school dad. He stated he and his children regularly visit Bowman Library and that librarian Donna Hughes has been a great help to them. He noted they could not use the library on Thursdays. He asked the Board to increase its financial support in order to allow the library to be open longer on Thursdays. Jack Lillis, Back Creek District, spoke in support of the budget requests for the Sheriff's Department and Fire and Rescue. He noted Fire and Rescue responded to over 10,000 calls last year and the Sheriff's Department had over 4,202 arrests. He stated that both departments strive to protect people's lives and property and if the departments are not adequately staffed then county residents would suffer. Jerri Swogger, Gainesboro District, thanked the Board for their support of the schools. She spoke in support of Frederick County public schools. She noted full -day kindergarten was making a difference for a number of children and families. She concluded by thanking the Board for approving the FYI budget as advertised. Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle and Members of the Board: I appreciate you giving consideration to the taxpayers' wallet by adjusting the property tax rate downward in an attempt to keep our budget revenue neutral. 5 I have a couple of topics to address: The 4 th High Schools The recently approved FY2015 -2016 Frederick County Capital Improvements Plan (CIP) lists the 4 th High School as the 43 Priority for the School Board. It indicates that current High School program capacity is 4,050 students & that the projected enrollment in 2019 will be 4,236 students, an increase of 186, Looking back I would note... In the 2013 CIP this HS was estimated to cost 2013 $64.1 M with at capacity of 1, 250 2014 $70 M with the same capacity 2015 $91.9 M same capacity However, just last week I read in the School Board minutes that the new capacity was 1, 725. I am not sure how we found 475 new spaces. I think this deserves attention as our projected census increase is 186 & we are building a facility for 1, 725. There must be an explanation. I believe it is difficult for constituents & taxpayers to review all the documents & changes & come away with a good understanding as to why we are preparing to build one of the most expensive High Schools in Virginia here in Frederick County. One point I am attempting to highlight, is the increase in debt service Virginia Taxpayers must take on. It was not too long ago this Board passed a resolution admonishing the General Assembly for not adequately funding Government Schools. I don't think we can have it both ways. If we are not good stewards here in the County of public education funding we should not `cast stones' and pass the responsibility to the State. I would also like to make comment on the information I read in the Finance Committee minutes & an article provided in the Winchester Star article on Mar 11, 2015, `County, schools have pay disparity', It would appear the School Board alleges that there is a pay disparity between the County employees & School employees. I have spoken before this Board and the School Board on several occasions about the benefits of adopting a Merit Pay system. The County has done this. The School Board has elected not too. Based upon this policy, I do not believe I can accept their proposition of a pay disparity. I once again encourage you to recommend the School Board move to a Merit pay system for those job categories you called out in the minutes & in the newspaper. Additionally, I'd recommend you compare these positions to the private sector, to include private schools. Thank you for allowing me to address the Board. " In addition, Mr. Marts cited the $877 million in real estate tax exemptions in the County and me asked the Board to review these. Joy Kirk, Back Creek District and President of the Frederick County Education Association, advised she has been a teacher for over 20 years and has watched her colleagues put the students first. She shared examples of teachers coming in early, staying late, and using lunch time to help students. These teachers volunteer their time to make activities happen. She noted the school custodians, librarians, and cafeteria workers also work to help the students. She concluded by saying she was proud to be a colleague of these individuals. Larry Sullivan, Shawnee District, spoke in favor of funding for Handley Regional Library. He cited Frederick County's per capita expenditure of $19 /person, which is in the bottom '/4 of Virginia. He concluded by asking the Board to restore the Thursday hours that were cut in 2008 -2009. Maureen Gorman, City of Winchester and school counselor at Apple Pie Ridge Elementary School, spoke in favor of young teachers. She noted the Frederick County Public School teachers were over achievers because she was seeing more students succeed. She noted that fatigue and burnout follow when teachers can't stand the ongoing pressure or need more staff and equipment. Susan Brinkmeier, Stonewall District and principal of Frederick County Middle School, spoke in support of adoption of the budget as advertised. She noted that technology was very important for engaging students and expanding their thinking. She cited the Chromebook initiative as a way to provide a level playing field for 6 th graders. With regard to the salary initiative, it was needed to attract high quality teachers. She concluded by saying investing in schools equals investing in the community and she urged the Board to adopt the budget. John Clawson, Opequon District, spoke on behalf of Handley Regional Library. He N asked the Board to consider fully funding the libraries request. He noted the incremental increase was very small for the services provided. Mark Regan, Stonewall District, stated the Board had a problem to solve before spending one more nickel of taxpayer money. He spoke against the Carmeuse kiln waiver that was previously approved by the Board. He advised that we rank 4` in highest air pollution. He noted the kiln was located 3,000 feet from Stonewall Elementary School. He stated that he had attended a public hearing on the air quality permit, but no county or school official was there to speak. He concluded by saying Carmeuse should be shut down until a study could be done. Christine Germeyer, Gainesboro District, stated she represented a spouse of a teacher and a mother of special needs children. She shared the success Frederick County Public Schools is making in the lives of those families. She spoke briefly about the I'm Determined project. She concluded by saying she hoped the Board would continue its support of Frederick County Public Schools. Ben Waterman, Opequon District and Chairman of the Frederick County School Board, thanked the Board for working with the school board through this budget process. The proposed budget will not provide all of the funds needed, but will allow the schools to begin addressing some needs that have been identified. He went on to say future work is needed to provide for more competitive salaries, Chromebook initiative, new school buses, etc. He concluded by saying we need to be proactive and not reactive regarding future growth. Dr. David Sovine, Superintendent of Schools, offered the following comments regarding the budget process: "Mr. Chairman and members of the Board- I'm David Sovine, Superintendent of'Frederick County Public Schools and resident of the Shawnee District. I'm here this evening to thank you for your willingness to work collaboratively with our School Board and for your continued commitment to invest in our children and our community's future. We certainly have a lot to be proud of in Frederick County Public Schools: ➢ Our mean SAT scores last year exceeded the average for all students taking the test. In addition, our scores hit a 4-year high in 2013. ➢ We have achieved the highest graduation rates in 4 years with 95% of the 12th grade membership graduating in 2013 -14. I must add this exceeds both state and national averages, ➢ We rank 10th among 134 school divisions in industry certifications earned. ➢ 81 percent of our graduates continue their education at either two- or four year colleges, and others join the military or begin working within our community, utilizing the skills they have acquired and developed as students in our school division. You witness the work of our students each year through team projects completed by our Government Service Learning students. Community service is atop priority of FCPS. Our students are giving back in many ways, and by working collaboratively with various government agencies, they are finding creative solutions to real problems faced by our community. Thank you for your continued support of our students and FCPS. Your support is a wise investment for growing and maintaining our strong community. I've shared the Economic Impact Studies pertaining to the value ofsupporting public education completed by Arlington and Virginia Beach school divisions. Investing in public schools strengthens our potential for increased revenues as we strive to create and maintain a thriving community supported by an exceptional public school system. The additional 10, 4 million requested in my proposed budget is an attempt to address the most critical needs of the school division, but certainly not all of our needs. If that were the case, my initial request would have been far greater. In closing, I ask that you approve the budget as advertised. Again, thank you for the support you have demonstrated over the past several years and for your willingness to invest in our children. " Rebecca Heisner, James Wood High School graduate and .lames Madison University student, spoke about her experiences attending Frederick County Public School and how through her classes and teachers at .lames Wood High School she wanted to be a journalist, Braden Bean, James Wood High School graduate and James Madison University student, spoke hove his teachers touched his life and impacted him more than anyone else. He 6 cited a personal example from five years ago when a teacher took an interest in his well being following a health scare. There being no further comments, Chairman Shickle closed the public hearing. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Wells stated he would like to see Handley Library's request to have the Thursday hours reinstated be considered, if possible. MINUTES - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the minutes from the February 25, 2015 regular meeting by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant The Board considered the minutes from the March 4, 2015 work session. Supervisor Hess stated the minutes listed Supervisor Collins as absent; however, it should state that the Redbud seat was vacant, since this meeting followed Supervisor Collins' resignation from the Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the minutes from the March 4, 2015 Budget Work Session as corrected. The above motion was approved by the following recorded vote: 10 Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COUNTY OFFICIALS EMPLOYEE OF THE MONTH AWARDS -- ANTHONY RILEY AND RICKY MCKEE APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Hess, the Board approved Anthony Riley as Employee of the Month for March 2015 and Ricky McKee as Employee of the Month for April 2015. Employee of the Month Resolution For: Anthony Riley 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 contributions to their department and to the County; and WHEREAS, Anthony Riley who is employed by the Frederick County Maintenance Department was nominated for Employee of the Month; and WHEREAS, Anthony Riley is a Maintenance Specialist who has the dedication and willingness to go above and beyond the "norm" to accommodate all the requirements of his position. In addition to his daily duties, Anthony recently put in much physical labor by removing over 80 filing cabinets and relocating office furniture for the Frederick County Department of Social Services who recently added seven new positions. Anthony maintains a positive attitude as well as courtesy for other employees and his hard work never goes unrecognized. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 2P day of March, 2015, that Anthony Riley is hereby recognized as the Frederick County 11 Employee of the Month for March 2015; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Anthony Riley for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Anthony Riley is hereby entitled to all of the rights and privileges associated with his award. Employee of the Month Resolution For; Ricky McKee 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 contributions to their department and to the County; and WHEREAS, Ricky McKee who is employed by the Frederick County Maintenance Department was nominated for Employee of the Month; and WHEREAS, Ricky McKee is a Maintenance Custodian who has the dedication and willingness to go above and beyond the "norm" to accommodate all the requirements of his position. In addition to his daily duties, Ricky recently put in much physical labor by removing over 80 filing cabinets and relocating office furniture for the Frederick County Department of Social Services who recently added seven new positions. Ricky maintains a positive attitude as well as courtesy for other employees and his hard work never goes unrecognized. NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 25` day of March, 2015, that Ricky McKee is hereby recognized as the Frederick County Employee of the Month for April 2015; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Ricky McKee for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and BE IT FURTHER RESOLVED, that Ricky McKee is hereby entitled to all of the rights and privileges associated with his award. The above motion was approved by the following recorded vote: 12 Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant PROCLAMATION — NATIONAL TELECOMMUNICATORS' WEEK IN FREDERICK COUNTY VIRGINIA APRIL 12 -18 2015 — APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREOFRE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 12 -18, 2015 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. COMMITTEE APPOINTMENTS There were no committee appointments. A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF 13 FREDERICK VIRGINIA APPROVING THE LEASE FINANCING OF PUBLIC FACILITIES AND AUTHORIZING THE LEASING OF CERTAIN PROPERTY IN CONNECTION THEREWITH, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the resolution of the Board of Supervisors of the County of Frederick, Virginia, approving the lease financing of public facilities and authorizing the leasing of certain property in connection therewith, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions, WHEREAS, on April 19, 2006, the Economic Development Authority of the County of Frederick, Virginia (formerly known as the Industrial Development Authority of the County of Frederick, Virginia) (the "EDA ") issued its $21,410,000 Lease Revenue Bonds (Frederick County, Virginia Public Safety Capital Projects) Series 2006 (the "2006 EDA Bonds ") in order to provide funds for the construction and equipping of new public safety facilities, an animal control facility and other public safety facility projects (the "2006 Project "); WHEREAS, the Board of Supervisors (the "Board ") of the County of Frederick, Virginia (the "County ") intends to refinance the costs of the 2006 Project (the "2015 Project ") by refunding all or a portion of the 2006 EDA Bonds; WHEREAS, the Board has determined that it is in the best interest of the County to enter into a lease arrangement in order to obtain funds to finance the 2015 Project; WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2015A or such other series of bonds as VRA and the County may determined (the "VRA Bonds ") and, subject to VRA credit approval, to provide a portion of the proceeds to the County to finance the 2015 Project pursuant to the terms of a Local Lease Acquisition Agreement and Financing Lease (the "Financing Lease "), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease ") with VRA whereby the County will lease all or a portion of the 2006 Project and the real estate on which such leased portion is located (the "Real Estate ") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease back to the County the portions of the 2006 Project and the Real Estate leased by 14 the County pursuant to the Prime Lease (collectively, the "Leased Premises "), and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the 2015 Project (the "Rental Payments "); WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate that the County requests an amount sufficient to refund the 2006 FDA Bonds selected for refunding plus an amount sufficient to pay local costs of issuance (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds Requested ") from VRA; WHEREAS, VRA has advised the County that VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective "), taking into consideration the Proceeds Requested and such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs ")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently (i) the aggregate principal components of the Rental Payments under the Financing Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate amount of the principal components of the Rental Payments under the Financing Lease does not equal or exceed the sum of the Proceeds Requested plus the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; and WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." Copies of the Documents are on file with the County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Approval of Lease - Leaseback Arran ement. The lease - leaseback arrangement with VRA to accomplish the financing of the 2015 Project is hereby approved. The leasing of Leased Premises by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. The leasing of the Leased Premises by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. if the County elects to finance other projects with VRA at the same time as the 2015 Project, the County is hereby authorized to combine the financing of such projects into one lease - leaseback financing. 2. Approval of the Terms of the Rental Payments The Rental Payments set forth in the Financing Lease shall be composed of principal and interest components reflecting an original aggregate principal amount not to exceed $19,000,000 and a true interest cost not to 15 exceed 6.0% per annum (exclusive of "Supplemental Interest" as provided in the Financing Lease and taking into account any original issue discount or premium); and the final maturity shall be not later than 25 years from the date of the first Rental Payment under the Financing Lease. It is determined to be in the best interest of the County to enter into the Financing Lease with VRA, subject to the terms and conditions set forth in this Resolution. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Financing Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Rental Payments on the Financing Lease set forth in this paragraph 2 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price at an amount less than the Proceeds Requested. The County Administrator is authorized to accept the interest component of Rental Payments based on the interest rate or rates established by VRA. The actions of the County Administrator in accepting the final terms of the Financing Lease, including its purchase price and the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 3. Other Payments under Financing Lease Subject to paragraphs 7 and S below, the County agrees to pay all amounts required by the Financing Lease in addition to Rental Payments, including the "Supplemental Interest," as provided in the Financing Lease. 4. Execution and Recordation of Documents The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Clerk of the Board of Supervisors and any Deputy Clerk, any of whom may act, are authorized to affix the seal of the County to the Documents, if required, and to attest such seal. The Chairman and the County Administrator, either of whom may act, are further authorized to cause the Prime Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court of Frederick County. 5. Form of Documents The Documents shall be in substantially the forms on file with the County Administrator, which Documents are hereby approved with such completions, omissions, insertions and changes as may be approved by the Chairman and the County Administrator, either of whom may act. The execution and delivery of the Documents by the Chairman and the County Administrator, or either of them, will constitute conclusive evidence of the approval of any such completions, omissions, insertions, and changes, including acceptance of the final terms of the Financing Lease, 6. Essentiality of the Project and Real Estate, The 2006 Project and the Real Estate are hereby declared to be essential to the efficient operation of the County, and the County anticipates that each will continue to be essential to the operation of the County during the term of the Financing Lease. 7. Annual Budget, While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board 16 directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year, If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 8. Rental Pa ments Subject to Appropriation. The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual appropriation therefor by the Board, and nothing in this Resolution or the Documents shall constitute a pledge of the full faith and credit or taxing power of the County or compel the Board to make any such appropriation. 9. Disclosure Documents The County authorizes and consents to the inclusion of information with respect to the County in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. if appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2 -12. 10, Tax Documents The County Administrator and the County's Director of Finance, either of whom may act, are hereby authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement or any related document (the "Tax Documents ") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 11. Other Actions All other actions of the officers of the County in conformity with the purpose and intent of this Resolution are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the actions contemplated by this Resolution or the execution and delivery of the Documents, including with limitation the execution and delivery of an escrow agreement or similar arrangement related to the refunding of all or a portion of the 2006 EDA Bonds. 17 12. SNAP Investment Authorization The County has heretofore received and reviewed the Information Statement (the "Information Statement ") describing the State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP ") and the Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the County has determined to authorize the County Administrator and the Treasurer, or either of them, to utilize SNAP in connection with the investment of any portion of the proceeds of the lease - leaseback transaction if the County Administrator and the Treasurer determine that the utilization of SNAP is in the best interest of the County. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the contract creating the investment program pool. 13. Effective Date This resolution shall take effect immediately. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Interim Administrator Williams advised the following were requests from the Commissioner of the Revenue to authorize the Treasurer to refund the following: 1, BMW Financial Services NA LLC the amount of $2,796.01 for personal property taxes prorated in 2012 and 2013. This refund was the result of normal proration of vehicular taxes not previously requested by this financial company. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant 18 2. Mortgage Company the amount of $60,113.14for real estate taxes billed in error and paid in 2014. This refund was the result of a staff keying error in a wrong field causing the overbilling error. The Commissioner has put a new process in place so this type of incident does not occur again. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE REPORTS PARKS AND RECREATION COMMISSION -- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 10, 2015. Members present were: Kevin Anderson, Patrick Anderson, Randy Carter, Gary Longerbeam, Ronald Madagan, and Charles Sandy, Jr. Members absent were: Marty Cybulski. Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1, Meeting Date, Time, and Place -- Mr, Sandy recommended continuing meeting on the 2 °d Tuesday of each month at 7:00 PM and alternate meeting place so each magisterial district is used as a meeting place twice a year, 2. Buildings and Grounds — Northwest Sherando Park Site Plan — The Buildings and Grounds Committee recommended to approve the site plan as submitted, second by Mr. Carter, motion carried unanimously (6 -0). Please see attached site plan. HUMAN RESOURCES COMMITTEE - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, March 13, 2015 at 8:00 a.m. All members were present. ** *Items Requiring Action * ** 19 The Committee recommends approval of the Employee of the Month award for March and April. 2, The Committee recommends approval to create the Research Manager position within the Economic Development Authority. - APPROVED The EDA Director requested a Research Manager position within his FY2016 budget request. It was determined that this is a newly developed position and therefore needs approval from the Board of Supervisors to be created and established as part of the County's list of approved positions. The funding for this position has been included within the budget discussions and is separate from this recommendation. Upon a motion by Supervisor Hess, seconded by Supervisor Wells, the Board approved the creation of this position. Supervisor Lofton stated he did not object to the position being created; however, he would like to know if it would be possible to reconstitute it as needed. Specifically could the position change to suit the Board of Supervisors' directives? There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Charles S. DeHaven, Jr, Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells Redbud District Aye Aye Aye Aye Aye Aye Vacant ** *Items Not Requiring Action * ** 1. The Committee met inclosed session pursuant to g2.2 -3711 A (1) of the Code of Virginia, 1950, as amended, for discussion and consideration of a personnel matter involving a specific individual. 2. In the Committee's discussion on the proposed positions that were included in the FY2016 budget cycle, the Committee supports the proposed use of fund balance for the seventeen (17) Public Safety positions as outlined in the Assistant County Administrator's memo dated March 2, 2015. 3. Additionally, the Committee discussed their desire to play an active role in 20 subsequent year's budget cycle in regards to proposed positions. It was suggested that at the beginning of next year's budget cycle, department heads have the opportunity to present to the Committee their requests for new positions. 4. At the request of the Committee, Ms. Becky Hogan, our Clerk of Courts, presented an overview of the objectives and responsibilities of the Clerk's Office. The presentation also provided the Committee an understanding of her department's role, authority, projects, and topics of importance within her department. S. In the Committee's discussion of the completed Salary Survey study, the Committee will discuss at its next meeting the County's Compensation philosophy and future policy on addressing employees whose salary has reached the maximum of their salary range. 6. The HR Director was asked to present an outline of a proposed Total Compensation Study project for the Committee's next meeting. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, April 10, 2015. BOARD LIAISON REPORTS Supervisor Lofton stated the Board should have received the annual report from the Department of Social Services. He suggested they look at the amount of money the department puts into the local economy. CI'T'IZEN COMMENT'S Shawn Graber, Back Creek District, advised that he had attended a joint meeting of the Board and School Board where members were lamenting why they could not talk to their delegates. He stated that he attended Delegate Berg's town hall meeting and had his questions answered. He noted that he saw no representatives from the Board of Supervisors there. He went on to say the Board wanted to look at unfunded state mandates, but it was "missing in action" when it comes to talking to our delegate. Kenneth Hunter, Back Creek District, stated he had a copy of the structural report for the Exit 313 bridge, which VDOT gave to the Board last year. He noted the deck received a 21 failing rating. He asked who would be at fault if the bridge fails, VDOT or the County. He left a copy for the Board. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised that the Heritage Commons applicants have been approaching board members about meeting to discuss their project. He stated that he had no problem with board members meeting with the applicants individually if they had interest. Supervisor Wells advised that he had been approached and he spoke with the county attorney for guidance. ADJOURN 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. ($;27 P.M.) 22 FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES REGULAR MEETING April 8, 2015 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April S, 2015 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.; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. ABSENT Redbud District - Vacant CALL TO ORDER Chairman Shickle called the meeting to order, CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Frederick County Board of Supervisors convened in closed session pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, for discussion and consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board came out of closed session and reconvened in open session. 1 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge only the acquisition of real property for a public purpose, pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, specifically discussion and consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board were discussed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S, DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Interim County Administrator Rod Williams advised he had one addition to the agenda. He added the scheduling of a special meeting to appoint a representative from the Redbud 2 District as item 4 under county officials. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CONSENT AGENDA - APPROVED Interim County Administrator offered the following items for the Board's consideration under the consent agenda: - Public Works Committee Report — Tab E; - Transportation Committee Report — Tab F; and - Departmental Fiscal Year 2015 -2016 Annual Work Programs -- Tab G. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant CITIZEN COMMENTS Shawn Graber, Back Creek District, addressed the Board regarding the budget, specifically school debt. He stated that by increasing the school debt on an annual basis, we are handing our children an ever increasing debt. He noted school debt service has increased 17% 3 over the last two years. He stated school debt service is costing families $491. He went on to say we are building a middle school and proposing a fourth high school. He asked the Board to consider the children and the taxpayers. Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board & Mr. Williams I assume the proposed FY 2015 -16 Budget will be approved tonight. There is an increase in overall net expenditures of just above $11M. While this is smaller than last years near $17M increase, as a percentage it is higher than our population increase. I would ask you to continue to temper the `Wants vs. Needs' discussions within the various departments, 2010 -11 2011 -12 2012 -13 2013 -14 2014-15 2015 -16 232, 085, 584 235, 228, 840 240, 827, 942 247, 657, 864 264, 547,161 275, 884, 464 3,143, 256 5,599,102 6,829,922 16, 889, 297 11, 337, 303 1.35% 2.38% 2.84% 682% 4.29% I noticed in the budget there are very few minus ( -) signs when comparing last years budget to the proposed budget for this upcoming fiscal year. I see that the landfill is receiving about $1M less. Last week I had the opportunity to spend a few hours with the Environmental Manager, Mr, Ron Kimble. He provided me a tour of the facility and an overview of the operation. He was courteous, professional and experienced. It is good to see an efficient government service provided to the taxpayer and the business community. With the General Operating Fund increase $12 M. The cut into the landfill seems out ofplace. Additionally, I hope you have had an opportunity to review the School Board plans for the 4th High School I referred to at the last meeting. It deserves attention & scrutiny. I would remind you that this is not a new subject. I spoke about the "old" Gainesboro Elementary School, the "new " Transportation Center & why the "old" one is still open. The replacement Middle School & why we much purchase all new furnishings. I believe we have a trend One aspect of the trend seems to be ever increasing debt at the County, Commonwealth & Federal level. If government education is truly "about the children ", then why should we pile more & more debt upon them. This is not a sustainable path. Thank you for allowing me to address the Board. " BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. 4 MINUTES - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Well, the minutes from the March 11, 2015 regular meeting were approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COUNTY OFFICIALS ADOPTION OF FISCAL YEAR 2015 -2016 BUDGET - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board adopted the Fiscal Year 2015 -2016 budget. WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 25, 2015, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2015 -2016 Fiscal Year as advertised in The Winchester Star on March 16, 2015, be hereby approved in the amount of $368,820,813. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2015 -2016 fiscal year be adopted as follows: General Operating Fund 154,813,644 Regional Jail Fund 20,063,860 Landfill Fund 6,086,520 Division of Court Services Fund 620,639 5 Shawneeland Sanitary District Fund 811,026 Airport Operating Fund 2,283,228 Lake Holiday Sanitary District Fund 800,570 EMS Revenue Recovery Fund 1,501,000 Economic Development Authority Fund 573,198 School Operating Fund 148,028,927 School Debt Service Fund 15,236,485 School Capital Projects Fund 500,000 School Nutrition Services Fund 6,626,934 School Textbook Fund 1,900,544 NREP Operating Fund 5,259,238 NREP Textbook Fund 40,000 Consolidated Services /Maintenance Fund 3,600,000 School Private Purpose Funds 75,000 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2015 assessment year as follows: Property Taxes — Rates per $100 of assessed value 56 cents Applied to real estate, including mobile homes $4,86 Applied to personal property including business equipment $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department 1 cent Applied to airplanes Co Zero tax Applied to antique vehicles and mopeds $100 On declining values to be applied to machinery and tools. The declining values are 60% for year one, 50% for year two, 40% for year three, and 30% for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment Business and Professional Occupational License Rates Contractors 16 cents per $100 of gross receipts Retail 20 cents per $100 of gross receipts Financial, Real Estate, and Professional 58 cents per $ 100 of gross receipts Services Repair, personal and business services 36 cents per $100 of gross receipts and all other businesses and occupations not specifically listed or exempted in the County Code Wholesale 5 cents per $100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax 4% of gross receipts Transient Occupancy tax 2% of gross receipts Vehicle License Taxes $25 per vehicle and $10 per motorcycle Sanitary Landfill Fees $47 Per ton for commercial /industrial 7 $42 Per ton for construction demolition debris $14 Per ton for municipal waste $32 Per ton for municipal sludge $12 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $560 Improved Lots Lake Holiday Sanitary District Taxes $678 Buildable Lots $264 Unbuildable Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing and Fredericktowne $60 annually Green Acres $25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, special grant awards fund, employee benefits fund, maintenance insurance fund, development project fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, and Four -For -Life and Fire Programs equal to the total cash balance on hand at July 1, 2015, plus the total amount of receipts for the fiscal year 2015 -2016. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2015. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2015, are re- appropriated to the 2015 -2016 fiscal year to the same department and account for which they are encumbered in the 20142015 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2015. The above resolution was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE APPOINTMENTS REAPPOINTMENT OF ERIC CAMPBELL AND PRIYA PATEL AND APPOINTMENT OF KRISTEN LAISE AND DAN MARTIN TO THE WINCHESTER - FREDERICK COUNTY CONVENTION AND VISITORS BUREAU — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board reappointed Eric Campbell and Priya Patel, as private sector representatives, and appointed Kristen Laise, to fill the unexpired term of Nancy "Tootie" Rinker, and appointed Dan Martin, to fill the unexpired term of Theresa Gaines, to the Winchester - Frederick County Convention and Visitors Bureau. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye 0 Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, APPROVING THE LEASE FINANCING OF MILLWOOD STATION AND AUTHORIZING THE LEASIN CE G OF CERTAIN PROPERTY IN CONNECTION THEREWITH THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS. — CONDITIONALLY APPROVED Interim Administrator Williams advised an application has been submitted to the Virginia Resources Authority for participation in their spring bond sale, in order to pay off the current EDA debt obligation on Millwood Station. The sale will close May 13, 2015. The final step in the application process is for the Board to formally approve the financing. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the resolution limited to authorizing financing in the Spring 2015 VRA bond sale, subject to the fire company's agreement to the lease terms presented to the company by staff, as modified, to provide that the company will not receive title to any portion of the subject property upon payment of all amounts due under the agreement and as further revised as deemed appropriate by the county attorney. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr, Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant SPECIAL MEETING TO APPOINT REDBUD DISTRICT REPRESENTATIVE - APPROVED 10 Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Fisher, the Board scheduled a special meeting for Wednesday, April 15, 2015 at 8:00 a.m. to appoint a representative from the Redbud Magisterial District. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant COMMITTEE REPORTS PUBLIC WORKS COMMITTEE — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, March 31, 2015 at 8:00 a.m. All members were present. The following items were discussed: ** *Items Not Requiring Action * ** 1. Impacts of Fiscal Year 2015/2016 Budget Cuts The attached summary of budget cuts and related impacts were discussed with the committee. In particular, the cuts to the proposed refuse collection budget could possibly yield the greatest impacts on services. The committee recommended that these impacts be discussed with the new county administrator. They further acknowledged that supplemental appropriation may be required to maintain the waste hauling services. 2, Project Updates The Deputy Director, Mr. Joe Wilder, presented a brief progress summary of the following projects: a. Round Hill Fire Station and Event Center: The 2015 winter conditions have caused some delays in finishing by mid- August. It is anticipated that a realistic completion date will be the end of September 2015. To date, the structural frames have been completed for both buildings. The slab and related utility groundwork have been completed for the event center. Rough in for the utility groundwork is in progress for the fire station. Rough grades have been achieved for Corporate Place and Spinning Wheel Drive. The main water and sewer lines have been completed. The exterior masonry walls are being erected in the fire station. 11 b. Landfill Projects: 1) Construction/Demolition Debris (CDD) Closure: Closure plans have been completed for an approximate ten (10) acre cell in the CDD landfall. Staff anticipates advertising for bids in April with a subsequent contract award in May. 2) Heat Exchanger: Staff is currently working on the design of a heat exchanger to be installed on the gas -to- electric generators to provide heat for our shops as well as our leachate treatment ponds. c. Cost - Sharing Projects: 1) Snowden Boulevard: The design of Snowden Boulevard has been completed. Staff has submitted a request to pre - qualify bidders. Prior to requesting final bids, it will be necessary to execute numerous agreements with the various utilities and other partners in the projects. Staff is hopeful that bids can be obtained prior to June 30, 2015. 2) Tevis Street: The 30 percent design of the Tevis Street project has been completed. This project will be shelved until further direction from the board of supervisors. 3) Valley Mill Road: The 30 percent design has been completed for this project. Meetings are planned with the property owner to discuss preliminary cost estimates and establish a schedule for continuing design efforts. Miscellaneous Reports a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d) Animal Shelter Cat Report TRANSPORTATION COMMITTEE — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on March 23, 2015 at 8:30 a.m. Members Present Chuck DeHaven (voting) .lames Racey (voting) Gene Fisher (voting) Barry Schnoor (voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) 12 ** *Items Requiring Action * ** NONE ** *Items Not Requiring Action * ** I. VDOT Road Project Updates VDOT staff was on hand to update the committee on a number of projects as follows: Route 37 Mr. Chris Colson from VDOT was on hand and noted that while the study was delayed due to the model update that had to be done, it is expected to be completed by this fall, He also noted that in the coming months staff would be contacted for involvement as VDOT considers key areas. Exit 310 Construction Mr. Scott Alexander noted that the project has been awarded and is in preconstruction with an official start date of April 15, 2015. The project has a fixed end date of May 2018 but includes early completion incentives for a completion as early as November 2017. Exit 313 Study Mr, Scott Alexander noted that the Interchange Modification Report effort is underway. Regional transportation model outputs are being converted to "design volumes" which aids in design level decision making on items such as length of turn lanes required. He also indicated that the County can expect to start seeing concepts this summer. Redbud Road Study While early in the process, it was noted that letters have gone out to surrounding property owners regarding upcoming aerial photography for this project. 2. HB2 Implementation Update Staff updated the committee on the meeting they attended on March 3 in Harrisonburg. Staff noted that input rendered at the January session in Edinburg did not appear to make it through to what was presented at this session. Staff also noted that VDOT has yet to run any test cases, which is making it difficult for localities to determine which Tier of consideration they should be in for scoring projects. It was noted that the first projects to be scored under the new system will be those who lost funds at the beginning of this process. Staff noted that while VDOT has continued to state that the process will not be perfect at first and will likely require improvement over time, Frederick County has a lot to lose if the product isn't good the first time. Staff would note that the impression continues that VDOT is very concerned with getting this done quickly. 13 3. Eastern Road Plan Update Discussion Staff noted a desire to complete a comprehensive update to the Eastern Road Plan. The opportunity to align the discussion with the Comprehensive Plan update was discussed and staff was asked to develop a timeline. 4. Safety Evaluation Discussion Staff discussed the possibility of creating a document that quantifies key areas of safety concern in Frederick County. This will provide a tool to decision makers during planning exercises such as plan updates as well as rezonings. Staff noted that this will require significant coordination with VDOT. 5. County Road Project Updates Tevis Extension and Bridize Has reached 30% design and is on hold at this time. Valley Mill Road Realignment Has reached 30% design and staff is preparing to meet with private partners to proceed to the next phase. Staff also noted there is a pending revenue sharing application for the construction phase of this project. Snowden Bridge Boulevard Design has been approved. Right -of -way plats are being reviewed and bid package prepared. This should go to bid in approximately 1 month. Renaissance Drive No activity Coverstone Drive Application for Revenue Sharing is pending. 6. Other Mr. Fisher is seeking guidance from VDOT on what to tell frustrated drivers in his district regarding the continued lack of permissive left opportunities which is leading to people running red lights out of frustration. VDOT noted that five (5) local intersections have been selected as pilot locations for permissive lefts and this includes the intersection he brought up. 14 Mr. Racey noted issues a the Double Tollgate intersection where both left turn arrows are activating when only one is needed. VDOT is looking into the issue. ANNUAL REPORTS DEPARTMENT FISCAL YEAR 2015 -2016 ANNUAL WORK PROGRAMS. (FOR INFORMATION ONLY ) -- APPROVED UNDER CONSENT AG ENDA PLANNING COMMISSION BUSINESS PUBLIC HEARING DISCONTINUANCE AND ABANDONMENT -- PORTION OF GOLD ORCHARD ROAD ROUTE 7081- A PROPOSAL TO ABANDON GOLD ORCHARD ROAD (ROUTE 708), FROM .Q2 MILES NORTH OF CA_RPERS PIKE (ROUTE 259) UNTIL THE END OF STATE MAINTENANCE, _ . _ ANCE, PER 633.2- 909 CODE OF VIRGINIA 1950 AS AMENDED. - APPROVED Deputy Planning Director — Transportation John Bishop appeared before the Board regarding this item. He advised this was a public hearing on the potential abandonment of Gold Orchard Road (Route 708) from approximately .02 miles north of Carpers Pike (Route 259) until the end of state maintenance. The right -of -way is encompassed by a single property owner. He concluded by saying the Transportation Committee recommended approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the discontinuance and abandonment of a portion of Gold Orchard Road (Route 708). WHEREAS, it appears to this Board that Secondary Route 708 (Gold Orchard Road) from approximately .02 miles north of Carpers Pike (Route 259) until the end of state maintenance, serves no public necessity and is no longer necessary as part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, the Clerk of the Board of Supervisors is hereby directed to post and publish notice of the Board's intent to abandon the aforesaid section of Route 708, pursuant to §33.2 -909 of the Code of Virginia, 1950, as amended. 15 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Redbud District Vacant BOARD LIAISON REPORTS Supervisor Lofton reported that the Extension Leadership Council met last Wednesday and staff reviewed the many programs the Extension Service offers. He highlighted the food and nutrition program. He also reported the horse judging team placed first in Virginia. CITIZEN COMMENTS Ken Hunter, Back Creek District, stated he must have missed something in the adoption of the budget. He noted there was a difference between the proposed and adopted budget of $12.4 million and he asked if that difference was a tax increase. BOARD OF ,SUPERVISORS COMMENTS Chairman Shickle stated it appeared the Board could expect a continued round of "supervisor wannabes" getting up and speaking about things in ways that distrust the system and lead the public to erroneous conclusions. He noted that he would attempt to correct them when that happens and he encouraged his other board members to do the same. Supervisor Hess reported on his participation in a local government week program put on by James Wood High School Service Learning students. He complimented the students on their work and presentation and he commended the James Wood Middle School eighth graders for 16 their attention and questions. Supervisor Wells stated he would like the Board to look at reinstating the Thursday hours for the library. Chairman Shickle asked Interim Administrator Williams to work with staff to put together recommendations on budget matters to include how the Board might do that. A ll 7lli T'n7hT 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. (7:26 P.M.) 17 COUNTY of FREDERICK Roderick B. Williams Interim County Administrator m:EMaRAN� TO: Board of Supervisors FROND: Roderick B. Williams, Interim County Administrator " DATE: April 16, 2015 RE: Committee Appointments 5401665 -6382 Fax 5401667 -0370 E -mail: rwillia @fcva.us Listed below are the vacancieslappointments due through June, 2015. 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 Historic Resources Advisory Board Claus Bader — Red Bud District Representative 102 Whipp Drive Winchester, VA 22602 Home: (540)722 -6578 Term Expires: 02/22/14 Four year term Parks and Recreation Commission Greg Brondos, Jr. — Gainesboro District Representative 167 Brass Kettle Court Winchester, VA 22603 Term Expires: 02113116 Four year term (Staff has been advised that Mr. Brondos has resigned.) 107 North Kent Street • Winchester, Virginia 22601. Memorandum - Board of Supervisors April 16, 2016 Page 2 APRIL 2015 Historic Resources Advisory Board Stacey Yost - Stonewall District Representative 1031 Payne Road Winchester, VA 22603 Home: (540)662 -8418 Term Expires: 04/13/15 Four year term Sanitation Authority John V. Stevens _ County Representative 324 Round Hill Road Winchester, VA 22602 Home: (540)667 -4527 Term Expires: 04/15/15 Four year term (The Sanitation Authority is composed of five members as stated in their Articles of Incorporation.) MAY 2015 No appointments due. JUNE 2014 Extension Leadership Council Dr. Robert R. Meadows - Red Bud District Representative 315 Asbury Road Winchester, VA 22602 Home:. (540)808 -3304 Term Expires: 06/22/15 Four year term Memorandum - Board of Supervisors April 16, 2015 Page 3 Lord Fairfax Community College Board Lynette L. Embree — County Representative 687 Front Royal Pike Winchester, VA 22662 Home: (540)722 -0133 Term Expires. 06/30/15 Four year term (Staff is waiting to hear as to her interest in continuing to serve. Mrs. Embree was appointed March 2009 to fill out the term of June Wilmot who resigned. Mrs. Embree is eligible to serve another full four year term if it is the Board's desire.) Social Services Board James L. Stephens — Opequon District Representative 128 Spanish Oak Road Stephens City, VA 22655 Home: (540)868 -1019 Term Expires: 06/30/15 Four year term (Members may only serve two terms. This is Mr. Stephens' second term and he is not eligible for reappointment.) Development Impact Model Committee The Development Impact Model Committee was established at the June 28, 2006 Board of Supervisors Meeting. Appointments are for a one year term. The following will expire June 28, 2015: Kris C. Tierney — County Administration Representative Gary A. Lofton — Board of Supervisors and EDA Representative Robert A. Hess — Board of Supervisors Representative (Supervisor Lofton currently serves on the Development Impact Model Oversight Committee and is current member of Economic Development Authority (EDA); therefore serves in both capacities.) H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Memorandum - Board of Supervisors April 16, 2015 Page 4 Dr. John Lamanna — School Board Rep. (Received correspondence in early 2015 from School Board Office that Dr. Lamanna would continue to serve for 2015.) Stephen Pettler — Top of Virginia Building Association Representative Philiip A. Lemieux — Top of Virginia Building Association Representative (Staff is waiting on recommendation from Top of Virginia Building Association.) RBW /tjp U: ITJPlcommitteeappointmentsl MmosLettrsl BoardCommitteeAppts (042215BdMtg).docx COUNTY of FREDERICK Roderick B. Williams Interim County Administrator 540/665 -6382 Fax 540/667 -0370 F,mail: rwillia @fcva.us TO: Board of Supervisors FROM: Roderick B. Williams, Interim County Administrator` DATE: April 10, 2015 RE: Set Schedule for Board Meetings During Summer Months and for November and December, 2015 (Holiday Schedule) and Possible Re- Schedule of November Meeting. As in the past, the Board of Supervisors has canceled meetings during the Summer months due to vacation schedules. Cancelation of the meetings of June 24 July 22 August 26 September 23 and October 28 is requested. It is also requested at this time to cancel meetings for November and December due to the holidays. Those cancelation dates are November 25 and December 23 rd . In addition, the first Board meeting in November, falls on a holiday, Veterans Day, November 11, 2015 (County Offices are Closed). Should the Board desire to schedule the November meeting for another night, it is recommended to schedule for the following evening, Thursday, November 12, 2015. Board action at the April 22, 2015 meeting will give staff and the Office of Planning and Development adequate time for scheduling, advertising and notification purposes. Should you have any questions, please give me a call. Thank you. RBW /tjp U: ITJPlmiscmemosl CountyAdministratorl BdOfSupSummerMtgSchedule &Holidays(2015).docx 107 North Dent Street • Winchester, Virginia 22601 County of Frederick Paula A. Nofsinger Director of Human Resources Office: (540) 665 -5668 Fax: (540) 665 -5669 pnofsinger@fcva.us TO: Board of Supervisors FROM: HR Committee DATE: April 13, 2015 SUBJECT: Human Resources Committee Report The HR Committee met in the First Floor Conference Room at 107 North Kent Street on Friday, April 10 2015, at 8:00a.m. All members were present with the exception of Mr. Don Butler. 1. None. * ** Items Requiring Action * ** ** *Items Not Requiring Action * ** I. At the request of the Committee, Mr. Ross Spicer and Mr. Andrew Robbins, presented an overview of the objectives and responsibilities of the Commonwealth's Attorney's Office. The presentation also provided the Committee an understanding of his department's role, authority, projects, and topics of importance within his department; presentation attached. 2. The Committee discussed the right- sizing report provided by prm Consulting Group. It was the consensus of the Committee that this report was only one minor element, should it be decided to have an overall staffing plan. At their discretion, the Department Directors will be able to provide feedback. See attached memo and report. 3. The Committee discussed the recent Winchester Star article regarding overtime in the Fire & Rescue Department. Chief Dennis Linaburg was present and offered to provide an overview of the components of overtime at a Committee meeting. 4. A copy of a Total Compensation Benefit Statement that was provided to employees in March is included for information only. There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, May 8, 2015. Respectfully Submitted, Human Resources Committee Robert Hess, Chairman By: Robert Wells Don Butler Dorrie Greene Beth Lewin Paula A. Nofsingei Director of Human 107 North Kent Street, Winchester, VA 22601 oo 44k lrl� - IV r -MAP C) C46 x¢ m LM O O O ra O V 0) t H O V J .V L a L O 0 O O m aj �+- �oOLE •`n a-J O 4 �� qp {V L O 4 -C 0 L O o tn � L N d3 _ N U U m y — v _ � 0 O 0 �} V m }+ V : U S Ln O= 4- L m Q m O N -n (A = U� C �Y •- L L aD � 'a� as o 0O O � V z 4 0:2 O 0a = +,j — N O >.. LA 0 � U 75 CA VI O 4A.L L OJ N m 0 .� .-- L V L +a � � L/1 U CA U y- L O 0 O O m aj �+- �oOLE •`n a-J O 4 �� qp {V L O 4 -C 0 L O o tn � L N d3 _ N U U m y — v _ � 0 O 0 �} V m }+ V : U S Ln O= 4- L m Q m O N -n (A = U� C �Y •- L L aD � 'a� as o 0O O � V z 4 0:2 O 0a = +,j — N O >.. LA 0 � U 75 CA VI O 4A.L L OJ N m Qj (D O 0 U f6 'V fO (IJ 0 QQ L- s.> % L) l v 0 -0 V fQ — . 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V, 0 0 0 0 0 • p L4 4-J o •- o a o o , o (1) U > o •� ca . � o • — cn .� 4-J aA o 00 � CL NO c ON 0 V r _ 00 0 0 0 County of Frederick NXnn11n.N11n -MMMN Paula A. Nofsinger Director of Human Resources (540) 665 -5668 Fax: (540) 665 -5669 pnofsinger @fcva.us To: HR Committee From: Paula Nofsinge 4U�� Date: March 30, 2015 Subject: Comparative Desk Audit of Staffing At the beginning of this year's budget cycle, it was requested that a "right- sizing" study be completed to provide general information on the staffing ratios of the County's departments. There was a shared belief that some departments may be understaffed and also a desire to ensure that departments were not overstaffed. Therefore, the vendor that assisted us with our salary study also assisted us with our desk audit on staffing. It is referred to as a desk audit because it is a general overview of how Frederick County compares in department staffing levels to other similar jurisdictions. Other general information was requested with respect to comparing our public safety personnel to land mass areas and citizens served. Likewise, basic comparative data was requested from other Regional Jails to determine if staffing at our Jail needed further consideration. The audit has been completed and the report is attached for your review. In general, comparative results indicated that the total number of County employees is low when compared to the Peer group used in the audit. The intent with this report was to simply identify, overall, how the County appears with respect to staffing from only an empirical data view. Additionally, it was also intended to identify if there are any areas that may need further review and consideration when planning for a long term recruitment strategy. Should this type of strategy be considered, this report would serve as the beginning step in that larger comprehensive project. 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'� o O O o 0 P4O • r , $-4 LP �-4 C d N 0 0 v U� �•vb rn.� v v r' � H, o 00 M W 20 Off D a L Q � cd v � v O O v t� U � • U r4 +-d 'r' � O tr4 _r4 > 3 v w U > O to U $-4 v v cd ps O � o 'G 8 4 1-4 Oa ' O 0 M to () •� 4 o 0o N ' 0 — o � U � 4-r � 'Z'-, o v c> C, O O O O ' to 'U 00 M W 20 Off D a L Q O O � � U cc � M Cd Cti U N Cd 3 c� O .� LA �jo 3 Cd it Cd U � U Cd bA "d O . c U a �7 r �d tq 1 i] E L (I ` L insurance Services G1oballhvjidrees - ClfPnt Farused 2014 Benefits Statement Dear This personal benefits statement is a brief outline of the benefits Frederick County provides to you. It summarizes each benefit and illustrates the significance of your benefits package as part of your total compensation. Frederick County is pleased to be able to offer these valuable benefits to you, and we thank you for being a partner in our success. Employee ID: Name: Add City, State, Zip Date of Hire: Annual Base Salary: TOTAL COMPENSATION: $73,820.62 7/1/1997 $55,250.97 Medica 'An BO $ 7,177.20 $ 2,232.00 Dental Guardian _ $514.04 —�� $171. Life Insurance Through VRS - Basic Group Life Insurance ��$644,30 $0.00 Life Value: $112,000.00 + Acc.Life Value: $224,000.00 I VRS rement $5852.22 - -. _$2,707. FICA T _ _ - T - -- — �— $4,226.69 - - -- $4,226.69 Worker Compens $55.201 $0.00 Plus Annual Base Salary: $55,250.97 Cost of employer-sponsored benefits as a percentage of kFtal compansatlopl, PTO Hours/Hourly Ra telMtlar Vague ! 3391$26.56 1 ;GD3.84 Holidays Hours/Hourly I telC3ctlaf value 112 I $26.56 I $2,974 72 Wellne Rew 1$175.00 Eurary effort has been made to ensure that the information in This watemom is accurate, hawever no warranty of compiete accu!arf is made. This report does not in any way constitute a contract of arnpioymeni Frederick County i eeerves the right to arriend pay and benefits at any Urns without notice. If you feel an anor has been made or have any qubslians, please contact Human Resources %) 2010. 2014 Zywave. Inc All rights reserved 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: April 15, 2015 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 15, 2015 at 8:00 a.m. There was a Budget Work Session immediately following. Member Angela Rudolph was absent. (0) Items 2, 4 and 5 were approved under consent agenda. FINANCE COMMITTEE 1. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $170,530 to cover overtime expenses through the end of fiscal year 2015. $160,000 of this request represents local funds and the remainder represents a grant for hazmat training. This item was postponed at the February Finance Committee meeting. See attached information, p. 4. The committee recommends approval. 2. (Q) The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $16,060. This amount represents a Local Emergency Management Performance Grant to purchase replacement radios and equipment for use in the Mobile Command Post and the EOC. No local funds required. See attached info, p. 5 — 8. 3. The Fire and Rescue Chief requests a General Fund supplemental appropriation in the amount of $2,642. This amount represents funds collected for SCBA Parts /Repairs and 107 North Kent Street • Winchester, Virginia 22601 1 Finance Committee Report and Recommendations April 15, 2015 Page 12 will be used for uniforms. No local funds required. See attached memo, p. 9. The committee recommends approval. 4. (0) The Sheriff requests a General Fund supplemental appropriation in the amount of $ 5,286. This amount represents an insurance reimbursement for an auto claim. No local funds required. See attached memo, p. 10. 5. (10) The Sheriff requests a General Fund supplemental appropriation in the amount of $ 10,627. This amount represents prisoner extradition reimbursements. No local funds required. See attached memo, p. 11. 6. The Registrar requests a General Fund supplemental appropriation in the amount of $ 24,495. This amount represents expenses for the June 9, 2015 Republican Primary. Local funds are required. See attached memo, 12 —13. The committee recommends approval. 7. The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of $3,500. This amount represents funds for The Widget Cup. No local funds required. See attached memo, p. 14 — 16. The committee recommends approval. 8. At the request of the committee, the EDA Executive Director provides an overview of audit process conducted by the Economic Development Authority (EDA) on Local Economic Development Incentive Grants (LEDIG). No action is required. See attached information, p. 17 —19. The committee requests further information on a final reporting mechanism. 9. At the request of the committee, the Commissioner of the Revenue provides follow up information on tables presented in the CAFR. No action is required. See attached information, p. 20 — 22. 10. At the request of the committee, the Assistant Finance Director provides a draft Grant Application & Acceptance Policy for review and recommendation. See attached, 2 Finance Committee Report and Recommendations April 15, 2015 Page 13 p. 23 — 25. The committee postpones the item awaiting review by the new County Administrator. BUDGET WORK SESSION 1. At the request of the BOS and the Finance Committee, the Finance Director provides information on comparable salary increases for all county employees. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for March 2015. See attached, p. 26. 2. The Finance Director provides financial statements for the month ending March 31, 2015. See attached, p. 27 — 37. 3. The Finance Director provides an FY 2015 Fund Balance Report ending April 9, 2015. See attached, p. 38. Respectfully submitted, FINANCE COMMITTEE Charles DeHaven, Chairman Richard Shickle Judy McCann - Slaughter Gary Lofton Bill Ewing v Cheryl B. Shiffler, Finance 6irector 3 COUNT' OF FREDERICK, VIRGINIA Office (540) 665 -5618 dlinaburC@fcva.us FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 0 Fax (540) 678 -4739 A w COUNTY OF FREDERICK, VIRGINIA w a FIRE AND RESCLM DEPARTMENT 1080 Coverstone Drive 1758 Winchester, VA 22602 Dennis D. Linaburg Fire Chief 3- 01 0- C - fib Office (540) 6655618 dlinabur5 fcva.us Fax (540) 678 -4739 BUDGET LINE ITEMS Total Amount Requested:'$32,594.38. PROJECT: DEVELOP/ENHANCE HOMELAND SECURITY/EMERGENCY MANAGEMENT ORGANIZATION AND STRUCTURE This project is steered towards the replacement of two -way radios that are currently in use in our Mobile command post as well as the purchase of a radio for the vehicle that is used by the Deputy Emergency Management Coordinator Total for this project: $16,060.58 Investment Justification: FY 14 Emergency Management Performance Grant Target Category: Response Target Capability: Operational Communications Equipment: $16,060.58 X11111 II III II III /III IIIIIIIII�IIIIIIII�I IIIIIIIIIIII I ^II�IIII L Radio, Mobile - Mobile Radio APPROVED Function: Equipment Category: Interoperable Communications Equipment Discipline: Emergency Management DescriptionlRationale: The purchase of these radios will provide dual band communications to jurisdictions that we provide and receive mutual aid from. One being Shenandoah County that operates on UHF and the City of Winchester that will be operating in the 800 MHz band in 2015. Quantity: 2 Unit Cost;' $7;2$0.29 Total.- $14;560.58' Line Item Log Action User Dat e/Time Comment O'Unit Cost Total Line item Chester 09/09/2014 01:30 PM ` 2 $7,060.58 $14,121.16' u dated Lauck Line item Chester 09/09/2014 01:28 PM 2 $7,500.00 $15,000.00 u dated Lauck Line item Chester 109/09/2014 01 :24 PM 2 $7,060.58 $14,121.16 updated Lauck Line item Chester 09/09/2014 01:22 PM 2 $7,500.00 u dated Lauck Line item Chester 09/03/2014 10:51 2 $7,500.00 $15,000.00 u dated Lauck AM Line item Chester 09/03/2014 10:50 2 $7,500.00 $15,000.00 u dated Lauck AM Line item Chester 09/03/2014 10 :46 12 $7,500.00 PI 5,000.00 created Lauck AM 9 2. Radio, Portable - Portable radio APPROVED Function: Equipment Category: Interoperable Communications Equipment Discipline: Emergency Management Descript ion/Rational e: To add the ability to provide a means of communications while away from any mobile radios. Quantity., 1 Unit Cost $1,500.00 Total: $1.5 Line Item Log Action User Date/Time Comment Q Unit Cost Total Line item Chester 09/09/2014 01:28 Chester 1 $1,939.42$1,939.42 1 u dated Lauck PM u dated Lauck AM Line item Chester 09/09/2014 01:26 1 $1,500.00 $1,500.00 updated Lauck :. PM $500.00 , $500.00 Lauck Line item Chester 09/09/2014 01:21 1; $1,500.00 ; $1,500.00 created Lauck PM PROJECT: ESTABLISH/ENHANCE EMERGENCY OPERATIONS CENTER To provide a dedicated printer to the EOC to provide a means to print documents as needed without sending the print job to a remote location in the building. Thus providing more security for the document and the EOC staff Total for this project: $236.80 Investment Justification: FY 14 Emergency Management Performance Grant Target Category: Response Target Capability: Operational Coordination Equipment: $236.80 3. Equipment and Supplies, Information /Operations APPROVED Center - EOC Printer Function: Equipment Category: Other Authorized Equipment Discipline: Emergency Management Description/Rationale: Provide a printer for dedicated use in EOC Quantity. '1 Unit Cost: $236:80 Totak. $236.80 Line Item Log Action User Date/Time Comment I Unit Cost Total Line item Chester 09/09/2014 10 :58 1 $500.003500.00 $500.00 u dated Lauck AM Line item created Chester 09/03/2014 11:02 1, $500.00 , $500.00 Lauck AM 7 PROJECT: DEVELOP/ENHANCE HOMELAND SECURITY/EMERGENCY MANAGEMENT ORGANIZATION AND STRUCTURE The use of EM salary as local match Total for,this project: $16,297.00 Investment Justification: FY 14 Emergency Management Performance Grant Target Category: Protection Target Capability: Planning Management and Administration: $16,297.00 4. EM Salary REJECTED Function: Management and Administration Category: All Other M &A Expenses Discipline: Emergency Management Description/Rationale: The use of EM salary to match grant money Quantity: l Unit Cost: $16;297:00 To.tal:r $16,297.00 Line Item Log Action User Date/Time Comment Unit Cost Total Line item ` Jocelyn 10/15/2014 Salary should be re ected ; - Bagby 11:53 AM classified as Planning Line item Chester 09/09/2014 1316,297.00 $16,297.00 updated Lauck 01:30 PM Line item Chester 09/09/2014 1 $16,297.00 $16,297.00 created Lauck 11:05 AM W' COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 1 -�7 758 8 1080 Coverstone Drive 1 .. - FREDERICK 02 Dennis D. Limburg Fire Chief A Q Q 2015 Office (540) 665 -5618 dlinabur fcva.us o Fax (540) 678 -4739 ROBERT T. WILLIAMSON Sheriff COUNTY SHERIppS 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO Finance Department FROM Sheriff R. T. Williamson 0/1 SUBJECT Insurance Reimbursement MAJOR C.L. VANMETER Chief Deputy DATE March 26, 2015 We are requesting the insurance check received in the amount of $5,286.51 for the auto claim dated February 26, 2015 involving Deputy Nicholson be appropriated into 3102 -3004- 000 -002. Thank you. RTW /asw C,, S 10 C g COUNTY SHERIFF oFFIC ROBERT T WILLIAMSON Sheriff 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO Angela Whitacre — Treasurer' ffice FROM Sheriff R. T. Williamson SUBJECT Reimbursements MAJOR C.L. VANMETER Chief Deputy DATE March 26, 2015 Attached please find checks totaling $10,627.54 from the Commonwealth of Virginia- Circuit Courts. These checks represent reimbursements from the State for prisoner extraditions. This amount can be posted to 10FL - 3010 - 019110 -0058. A copy of this memo will be sent to the Finance Department requesting appropriation. Thank you. RTW /asw Attachments Cc: Finance - 3102- 5506W000 -001 11 OFFICE O F VOTER REGISTRATION & ELECTION ADMINISTRATION General Registrar of Voters E -mail: fcvotes @co.frederick.va.us Rick Miller 540/665 -5660 Fax 540/665 -8976 MEMORANDUM To: Frederick County Finance Committee From: Rick Miller, Voter Registrar, Frederick County (�h" � ((� t Subject: Supplemental Budget Request for June 9, 2015 Republican Primary Date: Friday, April 3, 2015 The Voter Registrar requests to be placed on the Fredrick County Finance Committee Agenda for the Wednesday, April 15, 2015 meeting. The purpose of this request is to seek approval of the Supplemental Budget Request for the Republican House of Delegates 29 District Primary to be held on Tuesday, June 9, 2015. The amount of the Supplemental Budget Request is $ 24,495.00. This amount will Cover all expenses related to the Republican Primary on Tuesday, June 9, 2015. This Supplemental Budget Request is to be done from the 2015 — 2016 Budget year. 107 North Kent Street - Suite 102 12- Winchester, Virginia - 22601 June 9, 2015 Republican Party Primary— 29 HOD Only Supplemental Budget Request Line Item Budget Requests 13010 - Electoral Board and Officials 1003 — 000 - Part Time /Extra Help $ 5,620.00 1006 -002 - Compensation of Election Officials $ 10,575.00 3007 — 000 — Advertising $ 200.00 3010 — 000 — Other Contractual Services $ 4,786.60 5204 — 000 — Postage and Telephone $ 630.00 5401— 000 — Office Supplies $ 200.00 5506 — 000 — Travel $ 862.50 13020 — Registrar 1003 — 001 — Part Time /Extra Help $ 270.00 1005 — 000 — Overtime $ 1,350.90 TOTAL $ 24,495.00 13 Fredericks DATE April 8, 2015 ECONOMIC DEVELOPMENT AUTHORITY TO: Cheryl Shiffler, Finance Director Frederick County FROM: Patrick Barker, CEcD Executive Director CC: Rod Williams Interim County Administrator RE: Supplemental Appropriation Request for 3 1-081020-5413-000-000 The Economic Development Authority (EDA) is requesting an appropriation increase to 3 1-081020- 5413-000-000 for FYI 4-15 in the amount of $3,500.00. No local public funds are involved. The appropriation increase will allow us to receive and expend non -local public monies associated with The Widget Cup: An Exploration of Stem done in collaboration with Frederick County Public Schools, Winchester City Schools and generous sponsorship with local businesses. We hope this request can be added to the next Finance Committee agenda. Please advise our office if you anticipate a delay. Thank you for your consideration. revenue: 3- 031 - 019110 -0007 YOUR MOVE. OUR COMMITMENT 45 E. Baseawen St, Winchester, VA 22601 t 540 -665 0973 • YesFrederickVkconi Patrick Barker, CEcD From: Wendy May <wmay @Yes Fred e rickVA. co m> Sent: Thursday, March 26, 2015 10:11 AM To: Patrick Barker, CEcD Subject: Community Hosts Inaugural Widget Cup Fredericks PRESS RELEASE FOR IMMEDIATE RELEASE COMMUNITY HOSTS INAUGURAL WIDGET CUP — A DESIGN /BUILD CHALLENGE — Winchester, Va. (March 26, 2015) The Widget Cup: An Exploration of Stem, the community's inaugural design /build challenge, will be held on April 11, 2015 at Millbrook High School. Student teams from each of the area's four high schools (James Wood, John Handley, Millbrook, and Sherando) will vie for The Widget Cup trophy. Upon receiving the design challenge, competitors will consult, design, and build a widget before presenting the final product to a panel of industry - expert judges. Final products will be donated to a local non - profit, to be announced at the event. The Widget Cup provides a rare opportunity for fellow students, parents, teachers, and businesses to see STEM (Science, Technology, Engineering, and Math) and CTE (Career & Technical Education) students in action; translating coursework into real -world applications. The event is a partnership between the Frederick County Economic Development Authority ( FCEDA), Frederick County Public Schools, and Winchester City Schools. Generous sponsorship and event -day participation is being provided by Winchester Metals, Founding Sponsor, and Event Sponsors: Annandale Millwork & Allied Systems /Frogale Lumber Supply, Bank of Clarke County, Barrett Machine, Inc., Chick -fil -A Pleasant Valley /Rutherford Crossing, Crown Beverage Packaging, Fabritek/Winchester Tool, Home Depot Rapid Deployment Center 5030, NW Works, RCD Electrical Services, Shenandoah University Harry F. Byrd Jr. School of Business, and Winchester Printers. "Technically skilled employees, who can demonstrate ingenuity and problem solving skills, are critical to the success of our community businesses," commented Sally Michaels, FCEDA existing business coordinator. "This event showcases what's already being implemented in our education systems to support business needs. It will bring excitement to the areas of STEM and CTE and allow businesses to interact with our future workforce." "We're excited to be a supporter of The Widget Cup," said Josh Phelps, President of Winchester Metals and Founding Sponsor of the event. "We're looking forward to allowing these students to showcase the skills they've learned in STEM and CTE classes. These students are our future entrepreneurs, trades workers and business leaders and this competition allows them to demonstrate real -world skills that employers need in today's workforce." 1 15 Agenda & Logistics The Widget Cup I April 11, 2015 Millbrook High School 1 251 First Woods Dr. Winchester, VA 22603 8:45am -9am Welcome & Event Overview (gymnasium) 9 -10am Phase I Design (gymnasium) 10am -1 pm Phase 2 Build (closed shop) 1- 1:30pm Break 1:30- 2:30pm Phase 3 Presentation of Widgets (gymnasium) YesFrederickVA.comMidgetCup The event is open to the public. Businesses interested in sponsoring or volunteering for the event should contact Sally Michaels, Frederick County EDA existing business coordinator, at 540.665.0973. About Frederick County Economic Development Authority The Frederick County Economic Development Authority works as a catalyst to enhance the economy of Frederick County by promoting quality, balanced business development. The EDA provides a wide array of information and free services designed to help businesses locate or expand operations in Frederick County, Virginia. For additional information about the Frederick County EDA, please visit www.YesFrederickVA.com Contacts: Sally Michaels Existing Business Coordinator Frederick County Economic Development Authority 540.665.0973 1 smichaels(a)-YesFrederickVA.com Josh Phelps President Winchester Metals 540.667 -9000 1 jphelpsa-winchestermetals.com Frederl " CkV co A 45 E. Boscawen St. Winchester, VA 22601 1540.665.0973 Your Move. Our Commitment. YesFrederickVA.com Find Us On Facebook 11 View Linkedln Profile Sent to: pbarker @yesfrederickva.com If you prefer not to receive future a -mails of this type, click here Sent By: Frederick County EDA 45 E. Boscawen St. Winchester Virginia 22601 United States To view as a web page click here powered by awfftpagw Share this ema im Share I T't 2 16 Fredericks DATE April 8, 2015 ECONOMIC DEVELOPMENT AUTHORITY TO: Cheryl Shiffler, Finance Director Frederick County FROM: Patrick Barker, CEcD Executive Director CC: Rod Williams Interim County Administrator RE: Local Economic Development Incentive Grants Audit Process The following provides a brief insight into the audit process conducted by the Economic Development Authority (EDA) on Local Economic Development Incentive Grants ( LEDIG). ON MINERALS (CHEMSTONE) COMPANY D /B /A CARMEUSE LIME AND STONE (CARMEUSE) will serve as the example. Like all LEDIGs, a table was developed for staff auditing purposes. Information is first collected by CARMEUSE then cross checked two ways. The Frederick County Commissioner of Revenue's office is contacted to verify the status of capital investment values. Proprietary employment data is purchased by the EDA from the Virginia Employment Commission to verify status of employment goals. If necessary, on -site visits are conducted to verify. • Capital Investment Goal 1 $49,207,277 from June 1, 2012 to June 1, 2016. • Employment Goal 125 new jobs (at least) paying average annual wage of at least $43,673 from June 1, 2012 to June 1, 2016. • Employment Goal I Maintain current 22 jobs as of June 1, 2012. • Location of Project 1508 Quarry Road, Clear Brook, VA Date Required Progress Report Submitted Compliance Trend Notes December 1, 2012 Yes No Yes No December 1, 2013 Yes No Yes No December 1, 2014 December 1, 2015 Yes No Yes No December 1, 2016 Yes No Yes No Attached is the sample LEDIG audit template provided to CARMEUSE. YOUR MOVE. OUR COMMITMENT 45 E. Baseawen St, Winchester, VA 22601 540 -665 0973 • YesFrederickVkconi SAMPLE LOCAL ECONOMIC DEVELOPMENT INCENTIVE GRANTS AUDIT COMPANY RESPONSE COMPANY LETTERHEAD (Date) Patrick Barker, CEcD Executive Director Frederick County EDA 45 East Boscawen St, Suite 2 Winchester, VA 22601 RE: Performance Agreement CARMEUSE LIME AND STONE July 25, 2012 Dear Mr. Barker CARMEUSE LIME AND STONE evaluated a number of locations for its manufacturing facility expansion. We selected the location in Frederick County, Virginia, over a potential site in Pennsylvania. The Frederick County, Virginia, location ultimately was chosen, in part, due to local and State incentives provided. CARMEUSE LIME AND STONE recognizes, as part of receiving these incentives, the need to provide detailed progress reports of our performance goals for these incentives. To comply with the capital investment target as stated below, CARMEUSE LIME AND STONE is providing the enclosed documentation. (copies of purchase orders, County tax filings, installation bills, fixed assets reports etc.). For the employment targets as stated below, CARMEUSE LIME AND STONE submits the enclosed personnel data (records showing last name of employee, date hired and wage rate, as well as, total FTE employee count). • Make a capital investment of at least $49,207,277, which involves only taxable real property and /or taxable tangible personal property by June 1, 2016 in addition to the capital improvements at your Frederick County facility as of June 5, 2012. • Create and maintain at least 25 new jobs at the facility at an average wage of $43,673, in addition to maintaining the current 22 jobs at the facility as of June 5, 2012. In the past 30 months, CARMEUSE LIME AND STONE has not downsized, closed or consolidated operations that resulted in employment layoffs in Virginia as a result of this new proj ect. We appreciate your consideration of this documentation to demonstrate satisfactory compliance with the goals set forth in the performance agreement and will be happy to provide additional information as needed. Sincerely, ip Chief Executive Officer Company 19 Sharon Kibler From: Cheryl Shiffler Sent: Wednesday, February 18, 2015 1:14 PM To: Ellen Murphy Cc: Sharon Kibler; Jennifer Place Subject: RE: Questions from Finance Do you want me to include this email in the agenda? From: Ellen Murphy Sent: Wednesday, February 18, 2015 1:10 PM To: Richard Shickle; Cheryl Shiffler Subject: Questions from Finance I will address this at the next finance meeting but wanted to get back to you immediately on the following: TABLE 7: Finance agenda Page 41 of the CAFR - 2014 Top 10 realty values vs 2005: The 2005 year shows the utility company under Potomac Edison on the chart (we did not value as Allegheny Power) - value being $83,187,476. For the 2014 year this property was divided up and reported under: Shenandoah Valley Elec Coop at $43,008.889 AND Rappahannock Elec at $42,741,797. Other differences are due to new build -outs or new companies taking over the higher value spots. TABLE 5: Finance agenda Page 39 of the CAFR - 2014 assessments of all classes of taxable property: Specific question regarding Public Service Property - No local assessment is done on public service property. Per Virginia State Code assessment of all public service and railroad property is completed by the state after the filing by the utility or railroad. I have verified that the numbers we reported and assessed are correct by the filing of the State Corporation Commission. Public Service real estate rate on property applies to the ground and operating equipment permanently attached while the personal property is moveable equipment and trucks (thus the relatively low value on the "personal property' category). This is by state mandate and not negotiable. Hope this is what you needed. If you have any other questions, please do not hesitate to contact me! Keep warm...... Ellen Min Commissioner of the Revenue Frederick County, Virginia 107 North Kent Street Winchester VA 22601 Office: 540.665.5681 Direct: 540.722.8334 Fax: 540.667.6487 emurphy @fcva.us 1 20 COUNTY OF FREDERICK, VIRGINIA Table 7 Principal Property Taxpayers Current Year and the Period Nine Years Prior Fiscal Year 2014 Type Taxpayer Business Trans Allegheny Interstate Utility Shenandoah Valley Elec Coop Utility Rappahannock Elec Utility Fort Collier Group Industrial Park Verizon Virginia Utility Cooperwood Fema LLC Federal Govt The Village At Orchard Ridge Retirement Community H P Hood Inc Dairy Plant EIP Winchester Distribution Washington Gas light Utility Potomac Edison Utility Kohl's Department Stores Distribution Trex Company Decking AT &T Utility - communications Home Depot, USA Distribution General Electric Co. Incandescent lamps Fiscal Year 2014 Fiscal Year 2005 2014 % of Total 2005 % of Total Assessed Assessed Assessed Assessed Valuation Valuation Valuation Valuation $ 122,050,579 0.54% $ - 0.00% 43,008,889 0.53% - 0.00% 42,741,797 0.49% - 0.00% 39,366,400 0.43% 12,312,400 029% 34,756,929 0.42% 33,859,421 0.80% 33,970,500 0.42% - 0.00% 33,299,300 0.39% - 0.00% 31,210,100 0.39% 31,872,800 0.75% 31,086,100 0.28% - 0.00% 22,251,817 0.00% 18,137,531 0.43% - 0.00% 83,187,476 1.96% - 0.00 %0 12,468,800 029% - 0.00% 12,423,400 0.29% - 0.00% 13,147,258 0.31% - 0.00% 24,781,900 0.58% - 0.00% 14,174,400 0.33 % $ 433,742,411 5.42% $ 256,365,386 6.42% Source: Commissioner of Revenue - 2013 RE BOOK, 2013 PUBLIC SERVICE RE TOTAL, FY 2005 CAFR U O H F�- F=I W � W W O F H F � I� r O V w H CC$ I� Cd O� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O U > y CyJ a al 00 Vl 00 00 T r-� CC y am, U 69 � yFy."r _ 4r M 110 00 00 1 10 N O M 00 O, 00 O, � �q �p '+- O N� N M Vl 00 Ol Ol M 00 00 00 Vl M 'T cz al al M O 00 � cC CC al al 00 � M N Vl aO M "a 7-r O U 00 1 10 O N V) a, Ir r 00 7t N N cC y un O l O al O ccz N N N cC "C� 69 bq cz ^' 00 0, 0, Vl N M Vl 7 O Ol CT l N N l Vl 00 ,y y F+ l� Ol V1 l� l� 00 V1 M �O F ooN l� V1 00 V1 �c t 'T y O N cz 00 1 10 'T 1 O O 1 10 00 'T O M N O 00 \D M O'T N 00 �c Cl W � W ul Vl Vl Vl 00 Vl N O V1 V1 V1 V1 �O �O Vl 00 O ,r U � � N 110 CP 00 N Vl — M 1 ,0 O .y U al CP M Ol N O � 00 � > cz cz O � O O 0, -7T F O W N Vi 00 Cl Oi N � M M M M N O y 00 00 V1 N Ol ti V1 V1 Y 00 0 0 00 OX l - l lO r-� CT �O al 00 O 00 -7T "o -7T M .a O U Ol Ol --i 00 N O M �--� N 't^ QI LLI M ol Vl Vl M 00 Vl ol 00 al al al 0, DD al al al ct C O� + U M O 00 In U O 00 00 00 O In N 110 00 If) 110 y 00 00 �O l Ol M l 00 00 1 10 l 00 Y CXJ N O O al U ,r W M� 00 O M V 00 O O O O, � 00 O Vl "o "o > Cl 00 (n N Vl M M Cl u M 00 M �c 00 O 00 �c �c 00 p . 0 � N �+ V1 l 00 0, W N N N N N N N N N N I- l 121 GRANT APPLICATION & ACCEPTANCE POLICY Frederick County, VA L PURPOSE This document outlines the policies for submitting grant applications on behalf of Frederick County, and the acceptance and appropriation of all grant awards. To ensure that grant applications are within the scope of Frederick County's goals and to facilitate coordination between County departments, Administration, Finance and Treasurer. II. SCOPE This policy applies to any Frederick County program, department or constitutional office preparing and submitting grant applications to agencies outside the County government for funds, materials or equipment to be received and administered by the County or by an agency for which the County acts as fiscal agent. IILDEFINITIONS A. Donations A donation is a gift given voluntarily for charitable purposes, generally without any requirements or special conditions regarding use. While all unbudgeted revenues must be appropriated by the Board of Supervisors, donations are not subject to the requirements of this policy. B. Funding Agency /Source The original financial source for a grant, typically in the form of a government agency or non - profit organization. Another term that can be used is Granting Agency. C. Grants A grant may be a sum of money, or services, given for specific purposes, typically as a result of a grant application or proposal which has been submitted to the funding organization. IV. GUIDELINES A. No grant application shall be submitted to the funding agency or organization without the prior approvals defined in Section V of this policy. B. Grants are to be approved, whenever possible, through the annual budget process. C. All grants require award approval and appropriation from the Board of Supervisors, either through the annual budget process or at regular Board of Supervisors meetings. D. For grant awards that are accepted outside of the annual budget cycle, it is the Pa2Z51 GRANT APPLICATION & ACCEPTANCE POLICY Frederick County, VA responsibility of the requesting department to submit a request for consideration by the Finance Committee. V. PROCESS A. Grant Application Approval through the Budget Process 1. Grants are to be approved, whenever possible, through the annual budget process using the appropriate budget revenue(s) and expenditure(s). 2. If the grant is included in the Frederick County Adopted Budget and appropriated during the budget process, i.e. the revenue, expenditures, and local match, then no additional approval is required for the application, acceptance, and appropriation of the grant. The County Administrator may authorize the application and acceptance. The County Administrator will notify the Finance Department of all authorized grant applications. 3. Requesting department shall provide the following information relating to the grant with budget submission: o Local match requirements. o Source(s) and amount(s) of local match funding, if required. o Other associated and /or on -going local costs, not specifically part of the grant, to be incurred if the grant is awarded. o Requirements for continued local funding for the program or activity once the grant period expires. 4. The requesting department shall submit the grant application to the Granting Agency. B. Grant Application Approval Outside the Budget Process When grant opportunities do not coincide with the annual budget process, the requesting department shall: 1. Provide the following information relating to the grant to the Finance Department for review: o Local match requirements. o Source(s) and amount(s) of local match funding, if required. o Other associated and /or on -going local costs, not specifically part of the grant, to be incurred if the grant is awarded. o Requirements for continued local funding for the program or activity once the grant period expires. o Completed grant application. Pa22a GRANT APPLICATION & ACCEPTANCE POLICY Frederick County, VA 2. The Finance Department will forward the above information for further action. The approval progression of grant applications is dependent upon the following: a. No matching funds required from fund balance and requires no continuing obligation to fund the program beyond the grant period. The County Administrator may authorize the grant application or may determine that an action by the Board of Supervisors is appropriate. The County Administrator will notify the Finance Department of all authorized grant applications. b. Matching funds requiring a fund balance allocation or a budget amendment or requires the addition of personnel or requires a continuing obligation. The grant application and appropriation must be approved by the Board of Supervisors, via the Finance Committee whenever possible. Approval by the Board of Supervisors will permit the County Administrator to authorize the grant application. The appropriation will be pending the receipt of the grant award. 3. The requesting department shall submit the grant application to the Granting Agency following the receipt of appropriate approvals. C. Award and Acceptance 1. Forward the final grant award /acceptance notification to the Finance Department. Include the following information: o Revenue and expenditure code(s). o Date of Board of Supervisor approval, if applicable. 2. The Finance department will appropriate funds based upon the prior pending appropriation approval by the Board of Supervisors. 3. The Finance department will forward grant and appropriation information to the Treasurer. Pa215 3 FY15 MARCH 2015 BUDGET TRANSFERS PAGE 1 DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 3/12/15 INSPECTIONS MEMBERSHIP DUES 3401 5413 000 000 (20.00) INSPECTIONS 3401 5801 000 000 20.00 3/13/15 INFORMATION TECHNOLOGY COVER COST OF VMWARE MAINTENANCE SERVICE 1220 3002 000 000 (12,000.00) INFORMATION TECHNOLOGY 12203005 000 000 12,000.00 3/13/2015 COUNTY OFFICE BUILDINGS /COURTHOUSE FACILITYDUDE UTILITY BILL 4304 3010 000 000 (7,456.54) COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3002 000 000 7,456.54 3/13/2015 FIRE AND RESCUE INCREASED COST OF EQUIPMENT 3505 5404 000 000 (1,000.00) FIRE AND RESCUE 3505 8009 000 000 1,000.00 3/13/2015 FIRE AND RESCUE TO COVER LINE ITEM EXPENSES 3505 4003 000 002 (500.00) FIRE AND RESCUE 3505 5409 000 000 500.00 3/16/2015 COUNTY ATTORNEY ADDITIOANL BAR ASSOCIATION DUES 1202 3002 000 000 (53.00) COUNTY ATTORNEY 1202 5801 000 000 53.00 3/18/2015 SHERIFF MEMBERSHIP DUES 3102 5506 000 000 (840.00) SHERIFF 3102 5801 000 000 840.00 3/18/2015 CLERK OF THE CIRCUIT COURT NCSC COURSE 2106 5401 0001 000 (700.00) CLERK OF THE CIRCUIT COURT 2106 5506 000 000 700.00 3/19/2015 REFUSE COLLECTION PRINTING SERVICES 4203 3004 000 003 (500.00) REFUSE COLLECTION 4203 3006 000 000 500.00 3/19/2015 PARKS MAINTENANCE BALLFIELD LIGHT POLE INSPECTIONS 7103 3012 000 000 (8,114.85) PARKS MAINTENANCE 7109 3012 000 003 (7,934.85) CLEARBROOK PARK 7109 3004 000 003 8,114.85 SHERANDO PARK 7110 3004 000 003 7,934.85 3/20/2015 COUNTY ATTORNEY FY15 SUMMER INTERN 1202110031 0001 000 (2,400.00) OTHER 1224 3002 000 000 2,400.00 3/23/2015 AGRICULTURE DUES 83015506 000 000 (70.00) AGRICULTURE 8301 5801 000 000 70.00 3/23/2015 AGRICULTURE PROGRAM SUPPLIES 8301 9002 000 000 (1.00) AGRICULTURE 8301 5401 000 000 1.00 3/24/2015 AGRICULTURE POSTAGE & PHONE 8301 5506 000 000 (1,100.00) AGRICULTURE 8301 5204 000 000 1,100.00 3/24/2015 AGRICULTURE PROGRAM SUPPLIES 8301 5506 0001 000 (173.00) AGRICULTURE 8301 5401 000 000 173.00 3/30/2015 FIRE AND RESCUE EQUIPMENT 3505 8009 000 000 (10,746.60) FIRE AND RESCUE 3505 5404 000 000 10,746.60 3/30/2014 FIRE AND RESCUE JUNIFORM EXPENSES 3505 5204 000 000 (5,000.00) FIRE AND RESCUE 3505 5410 000 000 5,000.00 4/1/2015 COUNTY ATTORNEY ICOURT FILING FEE FOR PSB REFINANCING 1202 3002 000 000 (21.00) COUNTY ATTORNEY 1 1202 5413 000 000 21.00 RN County of Frederick General Fund March 31, 2015 ASSETS FY15 FY14 Increase Performance Bonds Payable 3/31/2015 3/31/2014 (Decrease) Cash and Cash Equivalents 47,829,763.46 41,687,884.05 6,141,879.41 *A Petty Cash 1,555.00 1,555.00 0.00 Receivables: 3,415,756.40 4,259,957.38 (844,200.98) Taxes, Commonwealth, Reim b.P /P 2,724,690.61 3,001,517.71 (276,827.10) Streetlights 1,044.50 1,587.42 (542.92) Commonwealth, Federal, 45 day Taxes 17,063.69 45,067.93 (28,004.24) Due from Fred. Co. San. Auth. 734,939.23 734,939.23 0.00 Prepaid Postage 3,061.78 5,642.43 (2,580.65) GL controls (est.rev / est. exp) (8,719,798.46) (11,054,883.66) 2,335,085.20 (1) Attached TOTAL ASSETS 42,592,319.81 34,423,310.11 8,169,009.70 LIABILITIES Accrued Liabilities 0.00 589,123.05 (589,123.05) *B Performance Bonds Payable 491,136.32 420,366.77 70,769.55 Taxes Collected in Advance 181,507.28 201,980.50 (20,473.22) Deferred Revenue 2,743,112.80 3,048,487.06 (305,374.26) *C TOTAL LIABILITIES 3,415,756.40 4,259,957.38 (844,200.98) EQUITY Fund Balance Reserved: Encumbrance General Fund 590,254.35 716,337.46 (126,083.11) (2) Attached Conservation Easement 4,779.85 2,135.00 2,644.85 Peg Grant 66,131.05 181,138.00 (115,006.95) *D Prepaid Items 949.63 949.63 0.00 Advances 734,939.23 734,939.23 0.00 Employee Benefits 93,120.82 93,120.82 0.00 Courthouse ADA Fees 222,145.76 177,748.15 44,397.61 Historical Markers 17,303.89 17,264.37 39.52 Animal Shelter 335,530.02 335,530.02 0.00 Proffers 4,023,780.67 2,796,108.30 1,227,672.37 (3) Attached Economic Development Incentive 550,000.00 550,000.00 0.00 VDOT Revenue Sharing 436,270.00 436,270.00 0.00 Undesignated Adjusted Fund Balance 32,101,358.14 24,121,811.75 7,979,546.39 (4) Attached TOTAL EQUITY 39,176,563.41 30,163,352.73 9,013,210.68 TOTAL LIAB. & EQUITY 42,592,319.81 34,423,310.11 8,169,009.70 NOTES: *A Cash increase can be attributed to the increase in fund balance. *B Health insurance deposits were moved to the Health Insurance Fund 7/1/14. *C Deferred revenue includes taxes receivable, street lights, misc. charges, dog tags, and motor vehicle registration fees. *D Upgrade board room audio visual and broadcasting equipment in the amount of $178,122.95 from Comcast provided PEG funds. 27 BALANCE SHEET (1) GL Controls FY15 FY14 Inc /(Decrease) 17,075.00 (5) Double Stacked Steel Cat Cages on Cabinet Bases Est.Revenue 138,499,390 130,209,536 8,289,854 Fire & Rescue Appropriations (61,032,458) (60,210,277) (822,180) 11,394.60 Fire Hose Est.Tr.to Other fds (86,776,985) (81,770,479) (5,006,506) 2,245,305.93 Encumbrances 590,254 716,337 (126,083) 9,334.30 Transport System MIS (8,719,798) (11,054,884) 2,335,085 Parks General Fund Purchase Orders @3/31/15 DEPARTMENT Amount Description Animal Shelter 17,075.00 (5) Double Stacked Steel Cat Cages on Cabinet Bases Board of Supervisors 179,615.60 BOS Sound Room Equipment Commonwealth's Attorney 21,825.00 Criminal Case Management System Fire & Rescue 1,500.00 APX Dual Band &VHF Radio System 32,101,358.14 47,786.49 Uniforms SCHOOLS 11,394.60 Fire Hose FIRE & RESCUE 6,719.20 Multi -Force Door for Training Purposes TOTAL 8,064.25 (9) CPR Manikins with Case 2,245,305.93 18,205.98 Stretcher and Ramp System 401,711.571 5,615.00 Patient Ramp with Winch Loading System 4,023,780.67 9,334.30 Transport System MIS 25,634.30 UPS Backup System 3,250.00 Tax Ticket Paper Parks 30,032.00 Chemicals for Pools 8,000.00 Rose Hill Park Engineering Service 1,817.55 Event Shirts for Half Marathon 3,850.00 Pool Diagnostic and Repair 46,602.80 Clearbrook and Sherando Pool Tanks w /Facepiping 3,401.96 Furniture 26,013.72 Grass Seed and Fertilizer 18,749.70 Pole Inspection for Clearbrook and Sherando Refuse Collection 5,960.00 Concrete Wall /Slab for Gainesboro Citizens Site Sheriff 4,520.00 (8) Body Armor 81,125.52 (3) F150 4X4 Supercrew Trucks Treasurer 4,161.38 Envelopes Total 590,254.35 Designated Other Projects Detail Administration Bridges Historic Preservation Library Rt.50 Trans.lmp. Rt. 50 Rezoning Rt. 656 & 657 Imp. RT.277 Sheriff Solid Waste Stop Lights BPG Properties /Rt.11 Corridor Tota I Other Proffers @3/31/15 189,462.24 600.00 99,000.00 12/11/14 Board Action designated $50,000 for final debt payment 72,712.00 on the Huntsberry property. 10,000.00 25,000.00 25,000.00 162, 375.00 36,953.00 12,000.00 26,000.00 330,000.00 989,102.24 (4) Fund Balance Adjusted Ending Balance @3/31/15 36,065,267.35 Designated 82,968,623.80 (3)Proffer Information (44,055,825.95) Transfers @3/15 (42,876,707.06) Other 32,101,358.14 SCHOOLS PARKS FIRE & RESCUE Projects TOTAL Balance J3 /31/15 2,245,305.93 387,660.931 401,711.571 989,102.24 4,023,780.67 Designated Other Projects Detail Administration Bridges Historic Preservation Library Rt.50 Trans.lmp. Rt. 50 Rezoning Rt. 656 & 657 Imp. RT.277 Sheriff Solid Waste Stop Lights BPG Properties /Rt.11 Corridor Tota I Other Proffers @3/31/15 189,462.24 600.00 99,000.00 12/11/14 Board Action designated $50,000 for final debt payment 72,712.00 on the Huntsberry property. 10,000.00 25,000.00 25,000.00 162, 375.00 36,953.00 12,000.00 26,000.00 330,000.00 989,102.24 (4) Fund Balance Adjusted Ending Balance @3/31/15 36,065,267.35 Revenue 3/15 82,968,623.80 Expenditures @3/15 (44,055,825.95) Transfers @3/15 (42,876,707.06) 3/15 Adjusted Fund Balance 32,101,358.14 28 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance March 31, 2015 FY15 FY14 YTD REVENUES: 3/31/15 3/31/14 Actual Appropriated Actual Actual Variance General Property Taxes 93,490,226.00 43,630,663.77 41,330,048.02 2,300,615.75 (1) Other local taxes 30,213,611.00 20,325,406.25 19,158,927.97 1,166,478.28 (2) Permits & Privilege fees 1,248,473.00 1,243,549.75 912,459.52 331,090.23 (3) Revenue from use of money (346,128.73) Health and Welfare 7,232,385.00 5,075,449.75 4,467,872.35 and property 138,077.30 171,997.49 138,417.48 33,580.01 (4) Charges for Services 2,372,232.00 1,692,580.89 1,509,871.22 182,709.67 Community Development Miscellaneous 542,202.18 440,582.31 324,277.49 116,304.82 63,214,472.90 Recovered Costs 1,606,021.98 2,214,800.30 2,024,070.77 190,729.53 (5) Intergovernmental: Commonwealth 8,836,046.43 13,222,304.44 13,385,085.88 (162,781.44) (6) Federal 52,500.00 26,738.60 76,584.77 (49,846.17) (7) Transfers 0.00 0.00 0.00 TOTAL REVENUES 138,499,389.89 82,968,623.80 78,859,743.12 4,108,880.68 EXPENDITURES: General Administration 9,596,919.84 6,986,110.27 7,023,949.69 (37,839.42) Judicial Administration 2,437,160.85 1,572,869.02 1,508,960.80 63,908.22 Public Safety 30,737,478.20 21,859,505.15 20,662,871.18 1,196,633.97 Public Works 4,299,374.92 2,670,467.76 3,016,596.49 (346,128.73) Health and Welfare 7,232,385.00 5,075,449.75 4,467,872.35 607,577.40 Education 56,000.00 42,000.00 42,369.75 (369.75) Parks, Recreation, Culture 5,869,124.59 3,865,945.33 3,640,389.50 225,555.83 Community Development 2,986,029.50 1,983,478.67 2,416,254.02 (432,775.35) TOTAL EXPENDITURES 63,214,472.90 44,055,825.95 42,779,263.78 1,276,562.17 (8) OTHER FINANCING SOURCES ( USES): Operating transfers from / to 84,594,969.80 42,876,707.06 40,621,868.70 2,254,838.36 (9) Excess (deficiency)of revenues & other sources over expenditures &other uses (9,310,052.81) (3,963,909.21) (4,541,389.36) (577,480.15) Fund Balance per General Ledger 36,065,267.35 28,663,201.11 7,402,066.24 Fund Balance Adjusted to reflect 32,101,358.14 24,121,811.75 7,979,546.39 Income Statement @3/31/15 29 (1)General Property Taxes FY15 FY14 Increase /Decrease Real Estate Taxes 23,107,306 22,569,353 537,954 Public Services 1,158,065 965,025 193,040 Personal Property 18,312,977 16,755,520 1,557,457 Penalties and Interest 817,904 763,834 54,069 Credit Card Chgs. /Delinq.Advertising 1 (25,304) (22,303) (3,001) Adm.Fees For Liens &Distress 259,716 298,619 (38,904) Recordation Taxes 43,630,664 41,330,048 2,300,616 (2) Other Local Taxes Local Sales and Use tax 7,177,687.38 6,644,832.46 532,854.92 Communications Sales Tax 785,647.57 789,486.88 (3,839.31) Utility Taxes 2,034,666.78 1,994,746.73 39,920.05 Business Licenses 5,686,238.26 5,267,872.66 418,365.60 Auto Rental Tax 70,490.60 75,825.50 (5,334.90) Motor Vehicle Licenses Fees 514,589.52 518,786.98 (4,197.46) Bank Stock Taxes & Franchise - 23,054.00 (23,054.00) Recordation Taxes 899,743.62 847,969.55 51,774.07 Meals Tax 2,858,651.94 2,698,188.12 160,463.82 Lodging Tax 276,878.36 277,860.78 (982.42) Street Lights 16,612.32 16,142.67 469.65 Star Fort Fees 4,199.90 4,161.64 38.26 Total 20, 325,406.25 19,158,927.97 1,166,478.28 (3) Perm its &Privileges Dog Licenses 32,217.00 36,261.00 (4,044.00) Land Use Application Fees 7,400.00 4,800.00 2,600.00 Transfer Fees 1,991.47 1,886.17 105.30 Development Review Fees 309,353.92 226,879.85 82,474.07 Building Permits 679,707.80 489,247.64 190,460.16 2% State Fees 11,387.06 3,866.47 7,520.59 Electrical Permits 56,435.00 51,059.00 5,376.00 Plumbing Permits 10,111.00 6,300.00 3,811.00 Mechanical Permits 47,118.50 35,779.39 11,339.11 Sign Permits 1,920.00 2,550.00 (630.00) Permits for Commercial Burning 500.00 300.00 200.00 Explosive Storage Permits 700.00 200.00 500.00 Blasting Permits 210.00 360.00 (150.00) Land Disturbance Permits 83,098.00 50,020.00 33,078.00 Septic Haulers Permit 200.00 200.00 - Sewage Installation License 600.00 300.00 300.00 Residential Pump and Haul Fee - 100.00 (100.00) Transfer Development Rights 600.00 2,350.00 (1,750.00) Total 1,243,549.75 912,459.52 331,090.23 (4) Revenue from use of Money 113,018.53 85,445.43 27,573.10 Property 58,978.96 52,972.05 6,006.91 Total 171,997.49 138,417.48 33,580.01 30 (5) Recovered Costs FY15 FY14 Increase /Decrease Recovered Costs Treas.Office 44,626.00 44,582.00 44.00 Worker's Comp 950.00 950.00 - Purchasing Card Rebate 98,068.29 117,213.04 (19,144.75) Recovered Costs- IT /GIS 20,000.00 25,421.90 (5,421.90) Fire & Rescue Fee Recovery 216,783.54 - 216,783.54 Round Hill Bond Payment 16,758.26 - 16,758.26 Reimbursement Circuit Court 9,397.87 9,842.27 (444.40) Reimb.Public Works /Planning Clean Up 723.75 Clarke County Container Fees 34,793.35 35,040.64 (247.29) City of Winchester Container Fees 28,576.87 27,263.73 1,313.14 Refuse Disposal Fees 44,521.21 49,161.73 (4,640.52) Recycling Revenue 46,547.16 64,742.79 (18,195.63) Sheriff Restitution - 134.36 (134.36) Fire & Rescue Merchandise(Resale) - 78.00 (78.00) Container Fees Bowman Library 1,159.66 1,270.37 (110.71) Restitution Victim Witness 8,028.53 4,742.66 3,285.87 Reimb.of Expenses Gen. District Court 21,885.12 20,300.62 1,584.50 Reimb. - Public Work Salaries - 547.76 (547.76) Winchester EDC - 54,000.00 (54,000.00) Reimb.Task Force 49,344.52 36,532.70 12,811.82 EDC Revenue /Recovered Costs - 1,400.00 (1,400.00) Sign Deposits Planning (50.00) 50.00 (100.00) Reimb. Elections 4,402.01 2,640.65 1,761.36 Reimb.Street Signs - 1,394.40 (1,394.40) Grounds Maint.Frederick Co.Schools 197,106.43 174,265.96 22,840.47 Reimbursement - Construction Projects 385,799.69 - 385,799.69 Westminster Canterbury Lieu of Taxes 24,450.10 - 24,450.10 Comcast PEG Grant 53,095.50 47,286.80 5,808.70 Proffer -Other 449.50 55,000.00 (54,550.50) Fire School Programs 12,825.00 17,621.00 (4,796.00) Proffer Sovereign Village 14,634.92 36,587.30 (21,952.38) Proffer Redbud Run 32,270.00 109,718.00 (77,448.00) Clerks Reimbursement to County 7,618.29 8,723.89 (1,105.60) Proffer Canter Estates 8,175.94 12,263.91 (4,087.97) Proffer Village at Harvest Ridge 7,695.00 12,312.00 (4,617.00) Proffer Snowden Bridge 440,776.05 420,734.96 20,041.09 Proffer Meadows Edge Racey Tract 352,520.00 463,312.00 (110,792.00) Sheriff Reimbursement 21,105.74 139,649.33 (118,543.59) Proffer Cedar Meadows Proffer 9,762.00 29,286.00 (19,524.00) Total 2,214,800.30 2,024,070.77 190,729.53 "1 Reimbursement for the Round Hill Fire and Rescue Station and Event Center design. 31 (6) Commonwealth Revenue 3/31/15 3/31/14 FY15 FY14 Increase /Decrease Motor Vehicle Carriers Tax 36,948.73 37,981.90 (1,033.17) Mobile Home Titling Tax 89,406.17 60,343.04 29,063.13 Recordation Taxes 254,075.53 257,690.12 (3,614.59) P/P State Reimbursement 6,526,528.18 6,526,528.18 - State Noncategorical Funding - 95,034.88 (95,034.88) Shared Expenses Comm.Atty. 294,803.58 301,490.85 (6,687.27) Shared Expenses Sheriff 1,604,477.75 1,555,027.81 49,449.94 Shared Expenses Comm.of Rev. 142,102.73 140,330.08 1,772.65 Shared Expenses Treasurer 108,079.53 108,317.55 (238.02) Shared Expenses Clerk 266,964.42 285,212.80 (18,248.38) Public Assistance Grants 2,785,583.64 2,399,767.96 385,815.68 Litter Control Grant 15,515.00 15,502.00 13.00 Other Revenue from the Commonwealth 189,785.00 - 189,785.00 Emergency Services Fire Program 239,007.00 223,725.00 15,282.00 DMV Grant Funding 29,032.16 18,869.14 10,163.02 State Grant Emergency Services 62,786.60 - 62,786.60 DCJS & Sheriff (State Grants) 134,181.10 27,269.40 106,911.70 JJC Grant Juvenile Justice 96,269.00 96,269.00 - Rent /Lease Payments 221,776.83 193,620.78 28,156.05 Spay /Neuter Assistance -State 2,232.14 2,511.25 (279.11) State Reimbursement -EDC - 900,000.00 (900,000.00) VDEM Grant Sheriff - 6,598.33 (6,598.33) Wireless 911 Grant 48,029.34 43,233.64 4,795.70 State Forfeited Asset Funds 18,227.63 12,509.17 5,718.46 Victim Witness 51,610.00 50,111.00 1,499.00 Fire and Rescue OEMS Reimb. 4,882.38 2,142.00 2,740.38 IT /GIS Grants - 25,000.00 (25,000.00) Total 13,222,304.44 13,385,085.88 (162,781.44) *1 Increase for Special Needs *2 DEQ Stormwater revenue *3 Abbott Grant $99,064.88 *1 *2 *3 32 County of Frederick General Fund March 31, 2015 (7) Federal Revenue FY15 FY14 Increase /Decrease Federal Forfeited Assets - 21,693.77 (21,693.77) Housing Illegal Aliens - Federal 12,449.00 18,814.00 (6,365.00) Federal Grants Sheriff 10,191.60 36,077.00 (25,885.40) Emergency Services Grant - Federal 4,098.00 - 4,098.00 Total 26,738.60 76,584.77 (49,846.17) (8) Expenditures Expenditures increased $1,276,562.17 in total. Public Safety increased $1,196,633.97. The Sheriff's department purchased (24) vehicles totaling $587,223.00. Additionally, the contribution for the local share for the Jail though the third quarter increased $314,683.60 from the previous year. Public Works decreased $346,128.73 and reflects the $410,027.71 Gainesboro Citizen's Site in the previous year. The $432,775.35 decrease in Community Development reflects the transfer of the Economic Development Authority to a separate fund. The Transfers increased $2,254,838.36. See chart below: (9) Transfers Increased $2,254,838.36 FY15 FY14 Increase /Decrease Transfer to School Operating 32,892,257.05 30,679,564.15 2,212,692.90 Transfer to Debt Service Schools 7,313,075.50 7,313,075.50 - Transfer to Debt Service County 954,525.82 1,425,149.91 (470,624.09) Transfer to Capital Projects Fund 1,000,000.00 800,882.79 199,117.21 Transfer to Development Project Fd(27) 0.00 422,696.00 (422,696.00) Transfer to School Capital Projects Fund 542,593.92 - 542,593.92 Operational Transfers 174,254.77 (19,499.65) 193,754.42 Total 1 42,876,707.06 40,621,868.70 2,254,838.36 *1 Increase in FY15 School Operating Transfer. *2 Final payment on Administration Building made December 2014. *3 Proffer for Round Hill Fire and Rescue and Event Center Site Plan Development. *4 Unobligated FY14 Funds to be Used for Capital Maintenance Needs. *5 Timing of Insurance Charge Outs. *1 *2 *3 *4 *5 33 NOTES: *1 Cash increased $302,001.65. Refer to the following page for comparative statement of revenues and expenditures and changes in fund balance. *2 Fund balance decreased $135,113.79. The beginning for FY15 was $2,738,357.11 that includes adjusting entries, budget controls FY15($510,200), the design and bidding administration for a security system upgrade ($56,139.20), overtime and inmate medical costs ($358,000.00), and the year to date revenue less expenditures of $613,391.72. Current Unrecorded Accounts Receivable- FY2015 Prisoner Billing: 25,306.75 Compensation Board Reimbursement 3/15 439,595.53 Total 464,902.28 34 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER March 31, 2015 ASSETS FY2015 FY2014 Increase 3/31/15 3/31/14 (Decrease) Cash 5,481,337.50 5,179,335.85 302,001.65 *1 GL controls(est.rev /est.exp) (907,271.63) (507,727.26) (399,544.37) TOTAL ASSETS 4,574,065.87 4,671,608.59 (97,542.72) LIABILITIES Accrued Operating Reserve Costs 2,115,099.00 2,077,528.07 37,570.93 TOTAL LIABILITIES 2,115,099.00 2,077,528.07 37,570.93 EQUITY Fund Balance Reserved Encumbrances 31,557.24 31,557.10 0.14 Undesignated Fund Balance 2,427,409.63 2,562,523.42 (135,113.79) *2 TOTAL EQUITY 2,458,966.87 2,594,080.52 (135,113.65) TOTAL LIABILITY & EQUITY 4,574,065.87 4,671,608.59 (97,542.72) NOTES: *1 Cash increased $302,001.65. Refer to the following page for comparative statement of revenues and expenditures and changes in fund balance. *2 Fund balance decreased $135,113.79. The beginning for FY15 was $2,738,357.11 that includes adjusting entries, budget controls FY15($510,200), the design and bidding administration for a security system upgrade ($56,139.20), overtime and inmate medical costs ($358,000.00), and the year to date revenue less expenditures of $613,391.72. Current Unrecorded Accounts Receivable- FY2015 Prisoner Billing: 25,306.75 Compensation Board Reimbursement 3/15 439,595.53 Total 464,902.28 34 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER EXPENDITURES: Excess(Deficiency)of revenues over expenditures FUND BALANCE PER GENERAL LEDGER Fund Balance Adjusted To Reflect Income Statement 3/31/15 19,815,998.87 13,624,928.61 12,886,208.54 738,720.07 613,391.72 1,094,408.61 (481,016.89) 1,814,017.91 2,427,409.63 1,468,114.81 2,562,523.42 345,903.10 (135,113.79) 35 FY2015 FY2014 REVENUES: 3/31/15 3/31/14 YTD Actual Appropriated Actual Actual Variance Credit Card Probation 110.51 - 110.51 Interest - 6,433.35 5,395.52 1,037.83 Sale of Salvage &Surplus - - 76.00 (76.00) Supervision Fees 43,446.00 29,398.00 27,078.30 2,319.70 Drug Testing Fees 5,000.00 565.00 1,505.00 (940.00) Work Release Fees 405,150.00 219,728.49 236,089.72 (16,361.23) Federal Bureau Of Prisons 0.00 3,510.28 1,509.32 2,000.96 Local Contributions 6,253,129.00 5,602,369.54 5,530,765.00 71,604.54 Miscellaneous 15,000.00 5,043.90 16,289.68 (11,245.78) Phone Commissions 300,000.00 199,725.54 89,852.07 109,873.47 Food & Staff Reimbursement 115,000.00 80,416.17 83,670.67 (3,254.50) Elec.Monitoring Part.Fees 144,000.00 58,278.34 74,338.60 (16,060.26) Employee Meal Supplements 200.00 0.00 42.50 (42.50) Share of Jail Cost Commonwealth 1,066,042.00 608,468.11 509,680.00 98,788.11 Medical & Health Reimb. 50,000.00 48,236.06 44,260.42 3,975.64 Shared Expenses CFW Jail 4,973,170.00 3,554,044.76 3,520,144.85 33,899.91 State Grants 263,263.00 88,116.00 136,612.00 (48,496.00) Local Offender Probation 252,286.00 67,190.00 125,432.00 (58,242.00) DOC Contract Beds 0.00 1,751.18 6,624.00 (4,872.82) Bond Proceeds 0.00 0.00 221,000.00 (221,000.00) Transfer From General Fund 4,991,484.00 3,664,935.10 3,350,251.50 314,683.60 TOTAL REVENUES 18,877,170.00 14,238,320.33 13,980,617.15 257,703.18 EXPENDITURES: Excess(Deficiency)of revenues over expenditures FUND BALANCE PER GENERAL LEDGER Fund Balance Adjusted To Reflect Income Statement 3/31/15 19,815,998.87 13,624,928.61 12,886,208.54 738,720.07 613,391.72 1,094,408.61 (481,016.89) 1,814,017.91 2,427,409.63 1,468,114.81 2,562,523.42 345,903.10 (135,113.79) 35 County of Frederick Fund 12 Landfill March 31, 2015 ASSETS Cash Receivables: Accounts Receivable Fees Accounts Receivable Other Allow.Uncollectible Fees Fixed Assets Accumulated Depreciation GL controls(est.rev /est.exp) TOTALASSETS LIABILITIES Accounts Payable Accrued VAC.Pay and Comp TimePay Accrued Remediation Costs Retainage Payable Deferred Revenue Misc.Charges TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrances Land Acquisition New Development Costs Environmental Project Costs Equipment Undesignated Fund Balance TOTAL EQUITY TOTAL LIABILITY AND EQUITY FY2015 FY2014 Increase 3/31/15 3/31/14 (Decrease) 31,794,506.73 30,856,663.37 937,843.36 525,785.83 559,198.73 (33,412.90) *1 0.00 12.00 (12.00) (84,000.00) (84,000.00) 0.00 43,682,208.64 43,287,786.24 394,422.40 (25,115,864.21) (23,311,767.48) (1,804,096.73) (4,334,719.22) (2,270,998.40) (2.063.720.82) 46,467.917.77 49.036,894.46 (2,568,976.69) 178, 911.24 159, 728.90 19,182.34 11,938,535.78 11,908,968.42 29,567.36 *2 9,244.62 0.00 9,244.62 0.00 12.00 1( 2.00) 12.126,691.64 12,068.709.32 57.982.32 720,670.00 242,234.60 478,435.40 *3 1,048,000.00 1,048,000.00 0.00 3,812,000.00 3,812,000.00 0.00 1,948,442.00 1,948,442.00 0.00 3,050,000.00 3,050,000.00 0.00 23,762,114.13 26,867,508.54 (3,105,394.41) *4 34,341,226.13 36,968,185.14 (2,626,959.01) 46,467.917.77 49.036,894.46 (2,568,976.69) NOTES: *1 Landfill receivables decreased $33,412.90. Landfill fees at 3/15 were $424,301.42 compared to $390,216.93 at 3/14 for an increase of $34,084.49. Delinquent fees at 3/15 were $98,246.49 compared to $165,233.91 at 3/14 for a decrease of $66,987.42. *2 Remediation increased $29,567.36 for interest. *3 The encumbrance balance at 3/31/15 was $720,670.00 and includes $33,426 for an LED monument sign, $30,912 for granular silica gel, and $656,332 for a 2015 CAT 826K with GPS upgrade. *4 Fund balance decreased $3,105,394.41. The beginning balance was $26,789,927.14 and includes adjusting entries, budget controls for FY15($1,705,018.00), (2) positions($84,734.00), ($420,000.00) carry forward funds for the final phase of Permit 40, to purchase a used motor grader, and unexpected changes in work to reconstruct the leachate holding pool. Additionally, ($1,575,000.00) to cover the cost of the closure of nine(9) acres within the construction /demolition debris landfill, and the year to date revenue less expenditures for $756,938.99. 36 County of Frederick Comparative Statement of Revenue, Expenditures and Changes in Fund Balance 3/31/15 FUND 12 LANDFILL FY15 FY14 YTD REVENUES 3/31/15 3/31/14 Actual Appropriated Actual Actual Variance Interest Charge 0.00 2,665.57 2,706.16 (40.59) Interest on Bank Deposits 20,000.00 42,858.08 40,159.40 2,698.68 Salvage and Surplus 0.00 88,001.55 81,679.50 6,322.05 Sanitary Landfill Fees 4,653,000.00 3,295,002.96 3,244,427.86 50,575.10 Charges to County 0.00 234,116.10 232,022.24 2,093.86 Charges to Winchester 0.00 65,960.12 65,034.44 925.68 Tire Recycling 54,000.00 129,726.05 90,942.97 38,783.08 Reg.Recycling Electronics 60,000.00 28,588.01 28,768.60 (180.59) Greenhouse Gas Credit Sales 3,668.28 0.00 3,668.28 Miscellaneous 0.00 4,843.00 7,990.70 (3,147.70) Wheel Recycling 144,000.00 10,491.47 0.00 10,491.47 Charges for RTOP 0.00 0.00 0.00 0.00 Renewable Energy Credits 116,262.00 105,313.32 89,917.80 15,395.52 Landfill Gas To Electricity 363,925.00 381,147.32 435,107.30 (53,959.98) Waste Oil Recycling 7,506.19 17,327.22 (9,821.03) State Reimbursement Tire Operation 0.00 0.00 0.00 0.00 TOTAL REVENUES 5,411,187.00 4,399,888.02 4,336,084.19 63,803.83 Operating Expenditures 4,740,244.44 2,248,994.11 2,266,353.60 (17,359.49) Capital Expenditures 5,726,331.78 1,393,954.92 207,830.00 1,186,124.92 TOTAL Expenditures 10,466,576.22 3,642,949.03 2,474,183.60 1,168,765.43 Excess(defiency)of revenue over expenditures 756,938.99 1,861,900.59 (1,104,961.60) Fund Balance Per General Ledger 23,005,175.14 25,005,607.95 (2,000,432.81) FUND BALANCE ADJUSTED 23,762,114.13 26,867,508.54 (3,105,394.41) Kul County of Frederick, VA Report on Unreserved Fund Balance April 9, 2015 Unreserved Fund Balance, Beginning of Year, July 1, 2014 39,292,350 Prior Year Funding & Carryforward Amounts C/F Dare C/F sign materials C/F Shelter van accessories C/F K9 unit accessories C/F Fire Company Capital C/F Designated School Operating funds C/F School Operating to School Capital C/F forfeited assets C/F EDA incentives (2,065) (4,500) (1,330) (3,000) (167,180) (108,939) (542,594) (53,015) (375,000) Other Funding / Adjustments HP Hood incentive (500,000) Airport capital (80,282) COR refund - Disabled Veteran (2,793) (7) DSS positions (221,648) COR refund - Disabled Veteran (3,817) OSSI licenses - Sheriff (53,693) COR refund - New World Pasta (44,457) Recycling cans (14,850) Sheriff PT - court bailiffs (175,000) Sheriff - 10 vehicles & equipment (284,781) Inspections PT to FT position (11,843) COR PT to FT position (14,393) Litigation settlement (118,972) COR refund - St Beach Spa (2,670) COR refund - Autotrademark of Winchester (4,960) COR refund - Michael Webber (3,542) Parks pools sand filters (48,000) COR refund - VFS Leasing Co (17,575) COR refund - Ryder Truck Rental Inc (4,007) COR refund - ARI Fleet LT (6,589) Litigation settlement (33,321) COR refund - Chemstone (33,241) COR refund - Disabled Veteran (6,014) Parks FT Rech Tech position (18,770) VJCCCA funds returned (20,488) COR refund - Quantum (2,565) COR refund - Ryder Truck Rental Inc (3,420) EDC incentive - Chemstone (150,000) Bariatric Equipment - F &R (16,406) COR refund - Sonoco (2,933) COR refund - United Rentals (5,523) COR refund - BMW Financial Services (2,796) COR refund - mortgage company (60,113) Fund Balance, April 9, 2015 (1,257,622) (1,969,460) 36,065,267 i o APPLICATION FOR OUTDOOR FESTIVAL PERMI � 9-1 COUNTY OF FREDERICK, VIRGINIA APPLICANT INFORMATION oz %SL 0- Name of Applicant: "C'L vJ S Telephone Number(s): �; &ak - 1 , 1 /-T ❑ home 2 ❑ cell 5% 6bq -p 0 home ❑ Office &ell Address: r b V 'tf!4�Si .. V"-! c't-s L 4 . V,, 2- Z-1. } d e MA rrk cs- C-S ( 2 C- �Oa la—. FESTIVAL EVENT ORGANIZATIONAL INFORMATION Festival Event Name of Festival: �14 Ai vtt k Cost of Admission to Festival: Business License Obtained: Yes ❑ No Date(s) Time Time Maximum No. of Tickets Offered For Sale Per Day Estimated No. of Attendees Per Day Location Address: PIA '>-'� - lcva (d / Z S'S` Owner of Property Name (s): ,l<�i Address: c'(� (*NOTE: Applicant maybe required to provide a statement or other documentation Indicating consent by the owners) for use of the property and related parking for the festival.) Promoter Narne(s): Address: 5�-- � [ *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 re with the VA State Corporation Commission for legal authority to conduct business in Virginia.) Financial Backer Name(s): Address: �e�+ Performer Name of Person(s) or Group(s): (*NOTE: Applicant may need to update information as performers are booked for festival event.) FESTIVAL EVENT LOGISTICS INFORMATION AND DOCUMENTATION 1. 2. Attach a copy of the printed ticket or badge of admission to the festival, containing the date(s) and time(s) of such festival (may be marked as "sample "). ❑ copy attached OR n copy to be provided as soon as available 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 ap roved by the VA Department of Health (Lor Fairfax Health �! / �S W iI� f �u°�?c� ci /7v 1 Ji S �G�1ti5 DV 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 Departmpeent Health (Lord Fairfax Health District). 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 f're and rescue company. 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 and the local fire and rescue company. pp • /1_ Ci NT e C4._ � q c o tf - 5. Provide a plan for adequate parking facilities and traffic control in and around the festival area, (A diagram may be sub Itted.) PCW�T r FC,rVV at'®wI - 1 Gar -ej aP - PCL- 7. State whether any outdoor lights or lighting will be utilized: o YES ii 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 shleiding devices or other equipment to be used to revert unreasonable, glow beyond the propeiV on which the festival is located. �rvr�� T" 5rt` 1G�.,T j11 LAA ennl o e'`1 n o - e6'� 8. State whether alcoholic beverages will be served: i6ES ❑ NO r If es, provide details on how it will be controlled. ! I I r DF'a�>1 (NOTE: 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 Oe 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 anytime for the purpose of determining compliance with the provisions of the County ordinance. 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: Y J ! Signature tApplicant THE BOARD SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON - COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. Weddings for 2055 May 23 Sheilds wedding May 30 Brick wedding June 6th Root wedding June 20th Plaugher wedding Oct 10 Mckee wedding The information from any other events that should be booked will be forwarded to Frederick County, as soon as it is confirmed. Best regards, DeMarchi Spears M r.W illiams, Enclosed is a map of our property and I have marked where events take place. I hope this is sufficient in showing the location of our events. If you should or would like anything else please let me know. Best regards, DeMarchi Spears Trumpet Vine f=arm ProaL Address: 266 Vaucluse Road _ _Case No.: _ State: VA zip 2265 Lender: MidAtiantic Farm Credit, ACA SSB*09'40 "E �u a� a� as 6 '7 { F+ Q IL zaa a a W Z W s ac a z 100' PRL. N dl W io P M1 M to RR Z J 4' �1 J m O o� AREA - 42,000 AC. 4e:EFofm ADJ.) ti x <15 xz o 00 cu .a - o-' ; + Las— ;AFTER ADJ.) iu7 �T y'l.66 56004046 " $60`25 [tl m a n in M CXIBTIKa LOT LIKE TO 5E VACATED 8 t5' 80 r w � N6i °02`1 o � . ea Q 4 s J - s AREA w 26.177 AC, a AL K reRTlolr TAX I►lJAt' 0e 4- Ao60 L i • c 0 0 o� 02 ,t a 3� e � � y 1 I y l � � in yy Gi d a a�/J c No W /� } J cr i s /r a• A 1°�� - 1 S d a L C !D 0 b N zo 0) CA N6i °02`1 t 0 n tD ILI tD W w LLI x w j z Ir 0 D l> i.42 0 L1..1 LAI �- a I # °� e z � uiw awa Q� Y� z may/ 0 0 I I^F yy � ` wit cr An L k 1 , .. cr 0 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 5401667 -0370 E -mail: rwillia @fcva.us MEMORANDUM TO: Board of Supervisors FROM. Roderick B. Williams County Attorney DATE: April 16, 2015 RE: Lake Holiday Country Club, Inc. v. Frederick County Board of Supervisors, et al. In April 2012, Lake Holiday Country Club, Inc. ( "LHCC ") filed suit against the Board of Supervisors regarding the imposition of the Lake Holiday Sanitary District tax against lots owned by LHCC, as the automatic membership association for Lake Holiday. Working with counsel for LHCC and after consultation with relevant County staff and officials, we now have a proposed resolution of the litigation, reflected in the attached proposed final order. Of particular relevance, the proposed resolution would enable LHCC to acquire the 557 lots owned by Lake Holiday Land, Inc. (an affiliate of Miller & Smith), which lots have been delinquent as to regular real estate taxes and LHSD taxes since the original imposition of the LHSD taxes in 2011. The proposal would allow the LHSD taxes to be treated like regular real estate taxes and therefore not imposed on lots owned by LHSD or acquired by LHSD from Lake Holiday Land, Inc. The proposal would however, require that all delinquent regular real estate taxes be paid and therefore would not affect any past, present, or future rej4ular real estate taxes. This litigation was the subject of a Board closed session at its meeting on March 11, 2015. The current public hearing, while not a legal requirement, is being conducted to allow the public the opportunity to provide input on this matter. At the conclusion of the public hearing, if the Board deeins it appropriate, the County Attorney requests authorization to agree to entry of the proposed final order. Attachment 107 North Kent Street - Winchester, Virginia 22601 VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY LAKE HOLIDAY COUNTRY CLUB, INC., Plaintiff, MA Case No. CL12 -336 FREDERICK COUNTY BOARD OF SUPERVISORS, GOVERNING BODY OF THE : LAKE HOLIDAY SANITARY DISTRICT, et al., Defendants. FINAL ORDER The parties to this matter, Plaintiff Lake Holiday Country Club, Inc. ( "LHCC ") and Defendants Frederick County Board of Supervisors (the "Board of Supervisors "), Governing Body of the Lake Holiday Sanitary District ( "LHSD "), and the Treasurer of Frederick County ( "Treasurer ") having agreed to settle, compromise, and resolve the issues between them in this matter, the Court makes the following agreed findings: 1. By Order entered on October 29, 2009, this Court created LHSD. 2. Pursuant to authority granted under the provisions of Chapter 2 of Title 21 of the Code of Virginia, the Board of Supervisors is authorized to impose sanitary district taxes and charges ( "Sanitary District Taxes and Charges ") on lots located within the LHSD. 3. During the relevant period, the Board of Supervisors and Treasurer assessed the Sanitary District Taxes and Charges on lots located within the LHSD on a two -tier basis, dependent upon whether the lot is classified as an "unbuildable" or "membership" lot or if it is a 1 "buildable" lot. An "unbuildable" or "membership" lot is defined as one that does not have access to water and sewer utility service on the first day of the assessment year; a "buildable" lot is defined as one that has such access on the first day of the assessment year. 4. In accordance with the foregoing, the Board of Supervisors imposed the Sanitary District Taxes and Charges for years 2011, 2012, 2013, and 2014 on lots encompassed within the LHSD: For the 2011 tax year, the Sanitary District Taxes assessed were $249.00 per lot for unbuildable lots and $663.00 per lot for buildable lots; for the 2012 tax year, the Sanitary District Taxes were $264.00 per lot for unbuildable lots and $678.00 per lot for buildable lots; for the 2013 tax year, the Sanitary District Taxes were $264.00 per lot for unbuildable lots and $678.00 per lot for buildable lots; for the 2013 tax year, the Sanitary District Taxes were $264.00 per lot for unbuildable lots and $678.00 per lot for buildable lots; for the 2014 tax year, the Sanitary District Taxes were $264.00 per lot for unbuildable Iots and $678.00 per lot for buildable lots. 5. LHCC is the record owner of 42 lots, situated in the Gainesboro Magisterial District of Frederick County, Virginia, and a] so in LHSD, and identified by the Frederick County tax parcel numbers set forth on Exhibit A hereto ( "LHCC Lots "). LHCC is an automatic membership corporation that manages the common area within the properties in the LHSD for the benefit of its members. 6. Lake Holiday Land, Inc. is the record owner of 557 lots, situated in the Gainesboro Magisterial District of Frederick County, Virginia, and also in LHSD, and identified by the Frederick County tax parcel numbers set forth on Exhibit B hereto (the "Lake Holiday Land Lots "). 7. In 2011, LHCC agreed to acquire property owned by Lake Holiday Land, Inc., located in LHSD, for the purpose of converting the lots into common area. N 8. In 2012, the Board of Supervisors and Treasurer assessed the Sanitary District Taxes and Charges against the LHCC Lots for 2011 and 2012 and, subsequently, assessed these properties for 2013 and 2014. As a consequence of the assessment of the Sanitary District Taxes and Charges, LHCC did not close on the acquisition of the Lake Holiday Land Lots as planned due to the attendant Sanitary District Taxes and Charges that could accrue. 9. LHCC challenged the actions by the Board of Supervisors and filed this action on April 17, 2012, and its Amended Complaint on October 28, 2014, seeking, utter alia, a ruling that the LHCC Lots should be taxed based on an assessment value of Zero Dollars ($0.00) and to abate the 2011, 2012, 2013, and 2014 Sanitary District Taxes and Charges assessed on LHCC Lots. 10, Virginia Code § 58.1- 3984(A) provides, among other things, that any person assessed with local taxes, aggrieved by any such assessment, may apply for relief to the circuit court of the county or city wherein such assessment was made within three years from the last day of the tax year for which any such assessment is made. LHCC is seeking relief as to 2011, 2012, 2013, 2014 and 2015 Sanitary District Taxes and Charges, Having made the foregoing findings, IT IS HEREBY ORDERED THAT: 1, The term "common areas ", for the limited purposes of this Order and the matters at issue in this case, and notwithstanding any provision of Virginia Code § 58.1- 3284.1 that may be interpreted to the contrary, shall mean such Iots used as green space, open areas, parks, parking areas, private streets, walkways, recreational facilities, natural areas, lakes, ponds, and those lots improved with buildings or structures used for recreational, community service, or maintenance purposes, and the carrying on of the official business of LHCC. 3 2. Lots within LHSD constituting common areas as set forth in paragraph 1 are those lots identified by the Frederick County tax parcel numbers set forth on Exhibit A hereto (collectively, the "LHCC Common Areas "). LHCC is the present owner of all of such lots. 3. The LHCC Common Areas shall not be subject to assessment of any Sanitary District Taxes and Charges, as long as LHCC retains ownership of the LHCC Common Areas and the same continue to be used as set forth in paragraph 1, but for their designation herein as common areas. Such treatment of the LHCC Common Areas shall otherwise have no effect on any application of Virginia Code § 58.1- 3284.1 to them for purposes of regular County real property taxes. 4. Pursuant to the Court's powers under §§ 58.1 -3984 and 58.1 -3987 of the Code of Virginia, 1950 as amended, to the extent the LHCC Common Areas have for previous years or the current year been assessed with the Sanitary District Taxes and Charges, the Sanitary District Taxes and Charges are hereby exonerated, except that, as to those Sanitary District Taxes and Charges which LHCC may have already paid, LHCC shall not be entitled to a refund. 5. Provided that LHCC shall have paid to the Frederick County Treasurer all outstanding delinquent Sanitary District Taxes and Charges, and any applicable penalties and interest thereon, on all lots that it owns other than the LHCC Common Areas and the outstanding real estate taxes, and any applicable penalties and interest thereon, on any lots it seeks to acquire pursuant to the terms of this paragraph, then, if within six (6) months after the date of entry of this Order, LHCC shall acquire all of the Lake Holiday Land Lots and/or any other lots it intends to use as set forth in paragraph 1 (acquisition to be determined by the date of recordation of a deed in the land records of Frederick County), then, for purposes of this matter and this Order and only for purposes of this matter and this Order, the ownership by LHCC of such lots so 4 acquired shall be deemed to be retroactive to December 31, 2010, and such lots so acquired shall be deemed to be LHCC Common Areas for the period through and including December 31, 2015, such that no Sanitary District Taxes and Charges, penalties, or interest, shall be due on such lots for years 2011, 2012, 2013, 2014, and 2015, and such Sanitary District Taxes and Charges are hereby deemed to be exonerated, except that, as to those Sanitary District faxes and Charges which LHCC or any other person may have already paid, neither LHCC nor any other person shall be entitled to a refund. 6. For any subsequent years, as to any and all of the Lake Holiday Land Lots or other lots, acquired by LHCC in compliance with the foregoing paragraph, such lots shall be considered to be LHCC Common Areas not subject to Sanitary District Taxes and Charges, notwithstanding any provision of § 58.1 - 3284.1 of the Code of Virginia, 1950 as amended, that may be interpreted to the contrary. Fees and costs associated with boundary line adjustments for Lake Holiday Land Lots acquired in compliance with this Order shall be waived by the Board of Supervisors. If LHCC does not acquire the Lake Holiday Land Lots in compliance with the foregoing paragraph, the terms of this Order shall have no effect as to such lots. 7. As to any of the Lake Holiday Land Lots or other lots, acquired by LHCC in compliance with paragraph 5, if on January 1 of any subsequent year the lots are no longer being used as set forth in paragraph 1, such lots shall be subject to the Sanitary District Taxes and Charges for such year and any subsequent years. 8. Nothing further remaining to be done in this matter, the Clerk is directed to place this matter among the closed matters of the Court. ENTERED this day of , 2015. 5 The Honorable Clifford L. Athey, Jr. WE ASK FOR THIS: Matthew S. Akers, Esquire Virginia Bar No. 74615 MCCARTHV & AKERS, PLC 302 West Boscawen Street Winchester, VA 22601 540 -722 -2181 Office 540 -722 -2381 Fax Counsel for the Plaintiff Roderick B. Williams, Esquire Virginia Bar No. 34310 County Attorney County of Frederick, Virginia 107 North Kent St., 3rd Floor Winchester, VA 22601 540 -722 -8383 Office 540667 -0370 Fax Counsel for the Defendants 11 MASTER DEVELOPMENT PLAN #01 -15 Graystone Commerce Center Staff Report for the Planning Commission Prepared: April 16, 2015 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning mattes. Reviewed Planning Commission: 04/15/15 Board of Supervisors: 04/22/15 Action Reviewed Pending PROPOSAL: To develop 271.40 acres zoned Ml (Light Industrial) District with industrial land uses. MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBERS: 43-A-158,44-A-26, and 44 -A -27 LOCATION: The properties are located on the north side of Redbud Road (Rt. 661), the east side of the CSX Railroad, the west side of Milburn Road (Rt. 662), and the south side of McCanns Road (Rt. 838). PROPERTY ZONING & PRESENT USE Zoned: M1 Use: Undeveloped ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) Use: Agricultural /Vacant South: RA (Rural Areas) Use: Agricultural /Residential/Histori c East: RA (Rural Areas) Use: Agricultural (Agricultural District) R4 (Residential Planned Community) Vacant (Snowden Bridge) West: RA (Rural Areas) Use: Agricultural /Vacant M1 (Light Industrial) Industrial /Vacant STAFF CONCLUSIONS FOR THE 04/22/15 BOARD OF SUPERVISORS MEETING: The Master Development Plan for the Graystone Commerce Center depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #03 -12. All issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #01- 15Graystone Commerce Center April 16, 2015 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation We have reviewed the Preliminary Master Development Plan for Graystone Commerce Center dated February 18, 2015 and we offer the following comment: VDOT is currently in the preliminary engineering stage for designing the relocation of Redbud Road to connect to Snowden Bridge Boulevard. At this time, the ultimate alignment of Redbud Road has not been determined and may differ from what is proposed on the above - referenced MDP. Frederick County Fire Marshal Plan approved. Frederick County Public Works: Plan approved Frederick County Inspections: Any removal or demolition of existing structures shall have an asbestos inspection /abatement and require demolition permit. Additional comments shall be made at the site plan submittal phase. Frederick County Sanitation Authority: Please see attached letter dated February 26, 2015, Uwe E. Weindel, PE. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned land to the RA District. The subject properties were rezoned with proffers to the M1 District with Rezoning #09 -09 and a proffer revision was approved with Rezoning #03 -12. C) Site Suitability & Project Scope Comprehensive Policy Plan: The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key MDP #01- 15Graystone Commerce Center April 16, 2015 Page 3 components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use Compatibility: The North East Land Use Plan, Appendix I of the 2030 Comprehensive Plan, recognizes that this property is planned for industrial land uses. The parcels comprising this MDP application are also located within the County's Sewer and Water Service Area (SWSA). Site Access and Transportation: Access to this site will be via a connection to Snowden Bridge Boulevard that would align with an access point already approved with the North Stephenson, Inc., rezoning application. The initial segment of Snowden Bridge Boulevard has been constructed and aligns at a signalized intersection of Martinsburg Pike across from the Rutherford Crossing Shopping Center. The MDP shows the location of Snowden Bridge Boulevard that runs through the property, along with the three access points proposed on the road, the Route 37 corridor area, and the proffered area for the relocation of Redbud Road. Per the proffers, the applicant has proffered a 350' Route 37 corridor study area and an area for an 800' wide interchange. This study area is available for eight years following the rezoning approval (revised in 2012); the purpose of the study area is to give "Frederick County with an opportunity to determine a final alignment for Route 37 throughout the limits of the Property through the final engineering design sufficient for this purpose ". Following the determination of the final alignment, the applicant shall dedicate the right -of -way to Frederick County. Should the final alignment not be made within the eight year timeframe, the applicant may extend the timeframe or dedicate a 225' wide right -of -way dedication for Route 37. Direct access is prohibited (except for emergency services) on Milburn Road, Redbud Road and McCann's Road. Snowden Bridge Boulevard through the Graystone property shall be a public street, however; per the proffers, the internal streets shall be private and their locations shall be determined at the site plan stage. PLANNING COMMISSION SUMMARY FOR THE 4/15/15 MEETING: Staff gave a brief overview of the proposed Master Development Plan #01 -15 for Graystone Commerce Center. A Commission member inquired if the right -of -way for Route 37 is permanent or is there a deadline. Staff explained there is a dedication study period and if that should expire there is a permanent 225' wide right -of -way dedication for Route 37. No other questions or issues were raised by the Planning Commission. No action was needed by the Commission. (Note: Commissioner Oates abstained from discussion.) MDP #01- 15Graystone Commerce Center April 16, 2015 Page 4 STAFF CONCLUSIONS FOR THE 04/22/15 BOARD OF SUPERVISORS MEETING: The Master Development Plan for the Graystone Commerce Center depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #03 -12. All issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. M / m+34 mot3 C,q��S'PO MaCD `�MILBURN SUBDIVISION / Subdivision 43rA 130 43 A 99 43 A 109 431A 133 43�A 134 43 A 44 A 25B 43 A 43 A 108 43 1328 100A 43 A 135 1346 WN � 43 A 43 A 136 43 A 43�A�106 107 134A NEU 05 1e 43_A�IOq - 43,A 137 43 A - -- 43 43rA 100C A 43 A 100 MUG q3 43C 2 3 100E 100E 43C-.2 2 43 A 147 43 A 140 43 A 436+2 1 41 142 1 � 43 A 100E 43 A 149 43 A 143 100J � 43 A 150 43 A 144 w 43 A 148 4 436 3 � 43 A 147 43 A 146 ,, 6 �43CT3 3 � � 436 3 5 C�3 9 43 A 157 O � 44A31A SNOWD BRIDGE 43 A 152 8 0 Subd ivision 1158 maw an um c Applications Parcels te e ., Future Rt 37 Bypass Building Footprints lam 131 (Business, Neighborhood District) WINCHESTER B2 (Business, General Distrist) rTLEFIELD B3 (Business, Industrial Transition District) Ibdivisi6n 6 EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) i 1 f X^ Cq maw - maw mama ale GRUBER' z ) � Subdivision �9 • Ej � frr • m ° Co 1 N maso CT HUN :RRY - -r� MDP # 01 - 15 Note: Frederick County Dept of Graystone Planning & Development Commerce Center Suuitit N Kent St e e 202 PINS: Winchester, VA 22601 43 -A- 158,44 -A- 25,44 -A -26 540- 665 -5651 Map Created: March 30, 2015 Staff: cperkins 0 500 1,000 2,000 Feet un t Hlj F ° 5 1 , .aR 5 �U TEM w s O z w A -.wfl R95 CL um 9 , -w 0 w l FH > 2 w a Ji H e ggg It Ila ill I ➢ Y5 ' is lit I .IwIRF fj 11 a a. 11131 Is A g. flaillm. 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Is IN $ as N 'M u Is H ill's .111 a a VINIEMIA'AINnoo AOIU3022:H P869-698 IOVS) X4 9590-9ef lot's) M81SIG - IV183iSIOVV4 TIVAABNOIS SS9 ZZ VA'A373 SuaqdalS U31N33 33?J3WWOO 3NOISA"D NVqd IN3Wd0l3A30 831SVW AIIVNlWll3Hd W � c - �� K v S W 0 8 I m N 3AIL016 Idd X, ic AZ kk o vx"", - T 77 � 3 - 0 I - T !4i , tt Ld 0 o 0 000 � j( �4 A7 1 1 2 m'R 03 "A" A Z 'e, -4, GRAYSTONE CORPORATION OF VIRGINIA PROFFER STATEMENT REZONING: RZ #09 -09 Rural Areas District (RA) to Light Manufacturing District (M1) PROPERTY: 271.39± acres; Tax Parcels #43-((A))-158,44-((A))-25, and 44- ((A)) -26, (here -in after the "Property ") RECORD OWNER: Graystone Corporation of Virginia APPLICANT: Graystone Corporation of Virginia (here -in after the "Applicant ") PROJECT NAME: Graystone Corporation Office and Industrial Park ORIGINAL DATE OF PROFFERS: August 24, 2009 REVISION DATE: February 3, 2012 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -09 for the rezoning of 271.39± -acres from the Rural Areas (RA) District to 271.39± -acres to the Light Industrial (MI) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors and their legal successors, heirs, or assigns in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Graystone Corporation of Virginia (formerly Crider & Shockey, Inc. of West Virginia), being all of Tax Map Parcels 43- ((A)) -158, 44- ((A)) -25, and 44- ((A)) -26, and further described by Instrument Number 030025588. (Please refer to Rezoning Application Deed Information). PROFFER STATEMENT CD Revision Date: Februa.y 3, 2012 A. Generalized! Development L The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP ") for the Property. The purpose of the GDP is to identify the general location of the M1 District office and industrial land bays, the general location of the future Route 37 corridor study area, the general location of the Snowden Bridge Boulevard urban four -lame divided collector road system with signalized intersection or roundabout design and limited entrance locations, the general location of on -site and off -site green space buffer areas, and the general location of the adjoining parcels that are within permanent protective easements. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated January 25, 2010. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas indicated on the proffered GDP. B. MI, bight Industrial District Land Uses 1 e The Applicant intends to develop the Property to implement industrial and office land . uses that are designed to coexist in an office park setting. 2. The Frederick County Board of Supervisors agrees to allow future office and industrial land uses that are included within future amendments to the M1, Light Industrial District to be developed on the Property without the need for conditional zoning amendments. C. Ml, Light Industrial District Design Standards 1. The Applicant hereby proffers to establish an Architectural Review Board (ARB) to oversee and approve all structural design exterior treatments for new construction and structural additions to ensure high quality developmcnt throughout the project. Additionally, the ARB will oversee and approve all monument signage and building mounted signage, to ensure consistency in the design of signage throughout the project. Notwithstanding what is stated herein, the ARB is intended to be in addition to and not intended to override or conflict with any provisions of the Frederick County Code. 2. The Applicant hereby proffers to establish requirements for outdoor green areas and/or outdoor plaza areas for the benefit of employees of the office and industrial park. These outdoor green areas and outdoor plaza areas will be located within each of the M1 District land bay areas identified in the proffered GDP. Proffer Statement Revision Date: Februa, 3, 2012 3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of employees of the office and industrial park. These asphalt trails will be a minimum of eight feet in width and will be designed to connect land uses throughout the Ml District land bay areas identified in the proffered GDP wherever possible. For each lot or parcel associated with the construction of a building, the Applicant agrees to identify the location on said lot or parcel for trails (if applicable, to said lot or parcel) and to have the trail constructed (if applicable) prior to the issuance of the Certificate of Occupancy for the structure or building on said lot or parcel. 4. The Applicant hereby proffers to establish a 100 -foot green space buffer area along the northern boundary of the Property as depicted on the proffered GDP. This green space buffer area will be left in its natural state to provide viewshed mitigation for the Milburn Cemetery and the Helm- McCann springhouse. Said buffer is in addition to the requirements of the Frederick County Code. 5. The Applicant hereby proffers to provide for evergreen landscaping along the Redbud Road frontage of the Property identified as a green space buffer area on the proffered GDP. The provision of this evergreen landscaping is to provide viewshed mitigation between tho Property and the Shenandoah Valley Battlefield Foundation property. Said buffer is in addition to the requirements of the Frederick County Code. D. Transportation Enhancements I. The Applicant hereby proffers to provide a corridor study area within the Property as depicted on the proffered GDP that is a minimum of 350 feet in width. The purpose of this corridor study area is to provide Frederick County with an opportunity to determine a final alignment for Route 37 throughout the limits of the Property through the completion of engineering design sufficient for this purpose. The design within the corridor study area depicted on the proffered GDP will provide access to the Property to the proposed interchange and Snowden Bridge Boulevard. The corridor study area shall be available to Frederick County for a period of eight years from the date of rezoning approval to complete engineering design necessary to determine the appropriate alignment and right -of -way width for Route 37 within the Property. The Applicant agrees to cooperate with VDOT and Frederick County to provide engineering information and reports within the Applicant's possession if needed to assist with this design effort. The Board of Supervisors may allow encroachment into and or the definition of the corridor study area if necessary to accommodate site development proposals through the Site Plan approval process. 2. The Applicant hereby proffers to provide for a maximum 350 -foot wide right -of -way dedication for the Route 37 mainline section within the Property. The mainline section is intended to include through travel lanes and collector- distributor lanes if necessary. It is agreed that any portion of the maximum 350 -foot right -of -way that is Proffer Statement Revision Date: Febru& 3, 2012 C� not required for the Route 37 mainline section within the Property will n 0 be requested from the Applicant. The Applicant shall provide the required right -of -way dedication to Frederick County within 90 days from the date of written notice by Frederick County, which shall occur after an official decision has been made by Frederick County and VDOT for the alignment and right -of -way width for the Route 37 mainline section within the Property. In the event the aforesaid official decision has not been made for the Route 37 mainline section within the time period specified in Section D(1), the Applicant may either extend the time period for this decision, or may provide Frederick County with a 225 -foot wide right- of-way dedication for Route 37 within the corridor study area depicted on the proffered GDP. The Applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right- of-way area, provided that this does not restrict use of the right -of -way. 3. The Applicant hereby proffers to provide for right -of -way dedication sufficient for the development of up to an 800 - foot wide diamond interchange or a single point urban interchange (SPUI) in the general location depicted on the proffered GDP. It is agreed that any portion of the right -of -way that is not required for the new interchange within the Property will not be requested from the Applicant. It is further agreed that the engineering design sufficient to determine the location, type and right - of -way needs for the new interchange will provide direct access to Snowden Bridge Boulevard. The Applicant shall provide the required right -of -way dedication to Frederick County within 90 days from the date of written notice by Frederick County, which shall occur after an official decision has been made by Frederick County and VDOT for the alignment and right -of -way width for the new Route 37 interchange within the Property. In the even the aforesaid official decision has not been made for the new Route 37 interchange within the time period specified in Section D(1), the Applicant may either extend the time period for this decision, or may provide Frederick County with a 225 -foot wide right -of -way dedication for Route 37 within the corridor study area depicted on the proffered GDP. The applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right -of -way area, provided that this does not restrict use of the right -of- way. 4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between the Property and Martinsburg Pike (U.S. Route 11 North), including the CSX bridge crossing, prior to the issuance of an occupancy permit for the first office or industrial site plan approved on the Property. The Applicant shall design and construct Snowden Bridge Boulevard as a four -lane, divided where applicable, road throughout the limits of the Property, and shall develop the off -site segment of Snowden Bridge Boulevard consistent with the approved public improvement plan. Snowden Bridge Boulevard shall he initially constructed as a two -lane road section, and shall be constructed as the ultimate four -lane divided road section prior to the issuance of the occupancy permit for the site plan that exceeds 8,000 VDP or in the event that Proffer Statement Revision Date: Februa,y 3, 2012 CD Snowden Bridge Boulevard is developed to allow access for additional traffic from outside the Property, the construction of the ultimate fonr -lane divided road section shall be required when the total trip volume exceeds 8,000 VPD on the Property, which ever first occurs. 5, The Applicant hereby proffers to limit full commercial intersection access on Snowden Bridge Boulevard to establish up to three commercial intersections in the general location of intersections identified on the proffered GDP. An intersection has been identified on the proffered GDP that could potentially be developed as e -ither a roundabout or as a signalized intersection if warranted by VDOT. All full commercial intersections identified on the proffered GDP will be developed with medians to provide for controlled left turn movement access to the Property. 6. The Applicant hereby proffers to allow for the full commercial intersection located on the east side of the Route 37 cot7ridor study area to be closed entirely if necessary when Route 37 is developed by others throughout the limits of the Property. The closure of the full commercial intersection is conditioned upon the provision of street access to this portion of the Property that will be developed by others during the construction of Route` 37. The Applicant agrees to cooperate with Frederick County to provide easements on the Property if necessary to facilitate new street access to this portion of the Property if this becomes necessary due to the construction of Route 37. 7. The Applicant hereby proffers to prohibit direct commercial access from the Property to existing Milburn Road (Route 662). The County may determine that emergency access from to the Property from existing Milburn Road is acceptable provided that it is designed to prohibit access for regular vehicular traffic. 8. The Applicant hereby proffers to prohibit direct commercial access from the Property to existing Redbud Road (Route 661). Frederick County may determine that emergency access from to the Property from existing Redbud Road is acceptable provided that it is designed to prohibit access for regular vehicular traffic. 9. The Applicant hereby proffers to prohibit direct commercial access from the Property to McCann's Road (Route 838). Emergency access to the Property from McCann's Road is prohibited as well to protect the integrity of the buffer identified along this road. 10. The Applicant shall develop Snowden Bridge Boulevard as a public street; however, the Applicant shall have the ability to develop all internal streets as private street systems. All private streets shall be constructed to meet or exceed VDOT vertical base section standards. Proffer Statement Revision Date: February 3, 2012 I 11. The Applicant hereby proffers to provide for inter - parcel connections where possible to mitigate transportation impacts to the full commercial intersections identified on the proffered GDP. 12. The Applicant submits that it will apply for all such public assistance mechanisms that are available at the time of development to facilitate the installation of the aforementioned transportation/infrastructure improvements. Those mechanisms include, but are not limited to, matching funds, industrial access funds and/or any other transportation/infrastructure funding vehicles, such as CDAs. Without binding any future legislative act, the Applicant and the Frederick County Board of Supervisors agree that the use of said mechanisms are advantageous to the development of the Property and the use of same should be encouraged and that both parties should make all reasonable efforts to cooperate with one another to implement the appropriate mechanism or combination of mechanisms to ensure rapid installation of the aforementioned improvements. 13. The Applicant hereby proffers to provide for a maximum 60 -foot right -of -way dedication to Frederick County to provide for the development of a street connection by others between the planned portion of Snowden Bridge Boulevard on the Property and existing Redbud Road (Route 661) immediately south of the Property. The general location of this 60 -foot right -of -way shall be delineated on the final Master Development Plan, which shall connect to one of the proposed new full commercial intersections that are located to the west of the Route 37 corridor study area as depicted on the proffered GDP. It is agreed that the 60 -foot right -of -way dedication can be located within buffer areas provided that the landscape screening and opaque elements are located between the adjoining properties owned by Applicant and the right -of -way dedication area. The Applicant shall provide the required right -of -way dedication to Frederick County within 90 days from the date of written notice by Frederick County, which shall occur after an official decision has been made by Frederick County and VDOT to construct this street connection. It is agreed that the Applicant can construct street access with entrances to land bays within the delineated 60 -foot right -of -way area provided that the proposed street access meets or exceeds VDOT vertical base section standards. The Applicant shall be allowed to install utilities or other elements necessary for site development within the dedicated right- of-way area, provided that this does not restrict use of the right -of -way. 14. The Applicant has agreed to provide Frederick County with right -of -way dedications within the Property for the Route 37 mainline, the new Route 37 interchange, and the connecting street between Redbud Road and Snowden Bridge Boulevard as described in Sections D(2), D(3), and D(13) of the Proffer Statement. In the event that Frederick County or VDOT decides to not construct these road systems in whole or in part subsequent to right-of-way dedication, the recipient of the dedication agrees to convey the right-of-way dedication to the Applicant within 90 days from the date of this determination. Proffer Statement Revision Date: February 3, 2012 E. Fire and Rescue Monetary Contribution C3 CD r"-) I- The Graystone Office and Industrial Park has been demonstrated to provide a positive economic impact to Frederick County services by the Frederick County Development Impact Model. However, the Applicant intends to further support fire and rescue services through the provision of a monetary contribution in the amount of $0.05 per square foot of structural development for all land uses within the Property. This monetary contribution shall be provided to Frederick County for fire and rescue purposes prior to the issuance of a certificate of occupancy permit for each building permit issued within the Property. F. Signatures — Gra stone Corporation of Virginia The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ry A - % d Date: �' ° Cry1 Commonwealth of Virginia, City /County of Ct ; t' To Wit: The foregoing instrument was acknowledged before me this 4 0 day of 20Q by tit f �fU �JC L 1� i SUSA.F1 D. STA iL ` i1\ .R PL�QU I Notary Public oommn':veakth of Virgfni« My Commission Expires: _ Reg 4 _ f, 11:IY Registration No.: Proffer Statement CD CD tuoa8ua6'anivaarBM,Mnt VA `.GIKnOO ]IoMaGaga $ZS6ZZG .*S) - XVd S$Itr 799 (op S) :avptlda a I C 1661 Wpapunoi yma tn�uaulua�nu y�I2ILSIQ IVI2IaLSI`}V3Y I'IVI I[OJS za9zz =w*1 �af�atr� ni a�rn =x�n�..E;ttrsr 'COanang rfaau�8q o VINI!DUTA �O NOI.LVUOdHOO 3NO1SAVH!o Z rc O "' `JNIa3�MlJN� A11MN33�J MV'Id 1N3WdDl3A3CI Q3Z17VH3N3J o ro r 0 .5 1 �t a � w q � d wagpSTA-M w as I. I-t rc O w 6 U v bJ m❑ ❑ W w m [I� O W J F LU LU W < W N W Z ❑ Q } d Z � a y 0 jr S ❑ y Q [1.� Q W j U ❑ " ❑ Z W Q 2x W W ❑ �W J d a U O U O � F Q a W 6 U wagpSTA-M w as I. I-t MASTER DEVELOPMENT PLAN APPLICATION FORM Department of Planning & Development Use Only — Application Date Application Received: IQ - 7 PC Meeting Date BOS Meeting Date Fee Amount Paid $AR9,�C' nitials: Pt- Receipt #. L Project Title: Graystone Commerce Center 2. Applicant: Name: Graystone Corporation of Virginia Telephone: 540.667.7700 Address: 1057 Martinsburg Pike Winchester, VA 22603 3. Property Owner (if different than above): Name: Telephone: Address: 4. Design Company: Name: Stowe Engineering, PLC Address: 220 Serviceberry COurt Stephens City, VA 22655 5. Please list names of all owners, principals, and/or majority stockholders: James Donald Shockey Jr. 6. Magisterial District: Stonewall 0 7. Prop erty Location: east of the CSX railroad; north of Redbud Rd (Rte 661); west of Milburn Rd (Rte 662); south of McCann Road (Rte 838) 0 43 -A -158, 44 -A -26, 44 -A -27 (Give State Route # and name, distance and direction from in 121?le46onljes M1 8. Is this an original or amended Master Development Plan? undeveloped Original 21 Amended �, Previous MDP and industrial uses 9. Property Information: If Property Property Identification Number (PIN): �` Total Acreage: C) Current Zoning: nla d) Present Use: nla e) Proposed Uses: nla 10. sidential uses are proposed, provide the following: a) Density: b) Number of V6 *0d c) Housing Types: 11. Adjoining Property u and zoning: USE ZONING North undev� RA East ag ricultural, residential RA, R4 y South R agricultural RA West industr agricultiural M1, RA' I h ave r ead t he in aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b t he Frederick County Department of Planning and Development. I also understand that the master development p] an s hall include a It c ontiguous 1 and unde r single o r c ommon ow nership. A 11 required material w ill b e c omplete pr for to the s ubmission of in y ma ster de velopment pl an application. ` ' "e I (we) hereby certify that this application and its accompanying materials arc true and accurate to the best of my (our) knowledge. cs Q1 A91t!! 44 Date: Applicant(s): 2 ' Date: Owner(s)`. Date: ` • tG'C Date: It} N D P 0 1 GMY5+wAq_ mmoc-q- GAQ-V 1 -44 -A-S0 GRAYSTONE COMMERCE CENlr-m 46,-A - ADJOINING OWNER INFORMATION ' I — — __ - I _ ' Il0. c, ' lcllw I IV#.& SYM PIN NO OWNER ZONING USE A 43-A-153 SVEC RA SUB-STATION F - P 1-1-1+ +' RAI I_.j.. a: — ' I — — __ - I _ ' Il0. c, ' lcllw I IV#.& 11 IUU1 10 C 43-A-151 K&J Investments M1 Industrial D ✓ 43-A-147 K&J Investments Mi Unimproved E f 43-A-146 K&J Investments M1 Unimproved I F j/ 43-A-140 Michael S. Weber RA Agricultural G 44-A-25B Judith McCann Slaughter & d Ellen L. Marshall, Trustees I RA Agricultural I H 44-A-40 Judith McCann Slaughter& Ellen L. Marshall, Trustees RA Agricultural I I 1 44-8-7 Crider & Shockey Inc. of WV RA jUnimproved J 44-8-6/ Crider & Shockey Inc. of WV RA Unimproved K 44-A-29 ✓ Judith McCann Slaughter RA Agricultural L 44-A-31A Stephenson Associates, LC R4 Unimproved M 44-A-28B Kenne R. Unger I RA Residential N 44-A-28C Robert R. Jr & Marsha Boden I RA Residential 0 44-A-28H V'l Martha Omps Holiday RA Residential P 44D-3-8 /[Big 0 Partnership RA Unimproved I 44-A-27 Darlene Cole RA Agricultural R 44-A-27A Janice Marie Kirby RA Residential S 43-A-159 ✓ RW Land Development RA Residential T Patricia A. Zinn & Dorothy 43-A-157 V IC. Ratcliff RA Residential U 43-A-156 /fJJJA Assoc. C/o Driggs Assoc I RA I Residential V 43-A-155 L4Backwoods Property, LLC RA lResidential W 43-A-154 ✓ Shenandoah Valley Battlefields Foundation RA Agricultural GIQ - A - F (5 L4 - rq, co � N ty sarrr i o- G F SANITATION AUTHORITY �u sr �� Post Office Box 1877 PH. — (540)868 -1061 Winchester Virginia 22604.8377 Fax — (540)868 -1424 www.fese- water.com February 26, 2015 MT. Timothy Stowe Stowe Engineering, PLC 220 Serviceberry Court Stephens City, Virginia 22655 Ref.: Master Development Plan Comments Graystone Commerce Center Tax Map # 43-A-158,44-A-26 & 44 -A -27 Dear Sir: Per your request, a review of the proposed master development plan has been performed. The Frederick Sanitation Authority offers comments limited to the anticipated impactleffect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcels are in the water and sanitary sewer area served by the Authority. Based on the location both water and sanitary sewer service is available within a reasonable distance from the site. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Sanitary sewer conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Likewise, water distribution capacity will require the applicant to perform a technical analysis of the existing system within the area to be served to determine available capacity of both the potable water system and the ability to provide fire protection.. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be requires and based on the layout vehicular access will need to be incorporated into the final design. All easements should be free from any encumbrance including permanent structures (fences, signs, etc.) and landscaping (trees, shrubs, etc.). Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this plan, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Thank you; Uwe We�l��,.,G(�� Engineer - Director Uwe E. Weindel, P.E. Engineer- Diredor Collmty WATER'S WORTH IT