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October_28_2015_BOS_Agenda_Packet
AGENDA WORK SESSION WITH ECONOMIC DEVELOPMENT AUTHORITY, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 28, 2015 5:30 P.M., 6:30 P.M., 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 5:30 P.M. —Work Session with Economic Development Authority: Annual Discussions and Review of Board of Supervisors' Expectations for Economic Development Per the MOU Between the Board of Supervisors and Economic Development Authority. 6:30 P.M. — Closed Session: The Board will Convene a Closed Session Pursuant to Section 2.2 -3711 A (5) of the Code of Virginia, 1950, as Amended, Concerning the Expansion of an Existing Business or Industry Where no Previous Announcement has been Made of the Business' or Industry's Interest in Expanding Its Facilities in the County. 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: A, C and F) Special Presentation by Delegate Minchew AGENDA WORK SESSION WITH ECONOMIC DEVELOPMENT AUTHORITY, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 28, 2015 PAGE 2 Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes: (See Attached)------------------------------------------------------------------------- - - - - -- A 1. Regular Meeting, September 9, 2015. County Officials: 1. Committee Appointments. (See Attached)------------------------------------- - - - - -- B 2. Correspondence from Virginia Association of Counties (VACo) Re: Voting Credentials for the Annual Business Meeting — Request to Designate County Administrator to Vote. (See Attached )------------------ - - - - -- C 3. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- D 4. Resolution Rejecting Unsolicited Proposal Under the Public- Private Education Facilities and Infrastructure Act of 2002 from Frederick County Center, LLC to Construct a 150,000 Square Foot County Office Building. (See Attached) ------------------------------------------------------------------------- - - - - -- E Committee Reports: 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- F 2. Human Resources Committee. (See Attached) G 3. Finance Committee Report Item Tabled from September 9, 2015 Board Meeting Re: General District and Juvenile and Domestic Relations Court Clerks Salary Supplement —Court Clerks to Address the Board. (See Attached) ------------------------------------------------------------------------- - - - - -- H 4. Finance Committee Report of September 16, 2015. (See Attached)--- - - - - -- 5. Finance Committee Report of October 21, 2015. (See Attached) ------- - - - - -- J 6. Transportation Committee. (See Attached)------------------------------------ - - - - -- K AGENDA WORK SESSION WITH ECONOMIC DEVELOPMENT AUTHORITY, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 28, 2015 PAGE 3 Public Hearing: Proposed Conveyance of an Avigation Easement to Winchester Regional Airport Authority on the Real Property Known as the Millwood Station Volunteer Fire and Rescue and the Millwood Station Events Center Located at 250 and 252 Costello Drive, Winchester, Virginia, and Identified by Frederick County Property Identification Numbers 64 -10 -5A and 64- 10 -5B. The Hearing is Pursuant to Virginia Code Section 15.2 -1800 and the Purpose of the Hearing is to Receive Public Comment on the Conveyance of the Avigation Easement to the Winchester Regional Airport Authority. Parking Lot Lease Agreement (Not a Required Part of Public Hearing). (See Attached) Planning Commission Business: Public Hearing: L 1. Conditional Use Permit #02 -15 for James and Susan Brown, for a Kennel. This Property is Located at 719 Barley Lane. The Property is Identified with Property Identification Number 61 -A -23 in the Back Creek Magisterial District. (See Attached)-------------------------------------------------------------- - - - - -- M 2. Rezoning #05 -15 Hiatt Run Condos, LLC Submitted by GreyWolfe, Inc., to Rezone 3.00 Acres from the RA (Rural Areas) District to the RP (Residential Performance) District with Proffers. This Property is Located Eastern Side of Martinsburg Pike (Route 11) Just Before Old Charlestown Road (Route 761). The Property is Identified with Property Identification Number 44 -A -17 in the Stonewall Magisterial District. (See Attached)- - - - - -- N 3. Rezoning #09 -15 Artillery Business Center Submitted by Pennoni Associates, to Revise Proffers Associated with Rezoning #07 -08. This Revision Relates Specifically to the Transportation Proffers. The Properties are Located East and Adjacent to Shady Elm Road Approximately 4,500 Feet South of the Intersection of Shady Elm Road and Apple Valley Drive. The Properties are Identified with Property Identification Numbers 75 -A -1 and 75 -A -1 F in the Back Creek Magisterial District. (See Attached)-------------------------------------------------------------- - - - - -- O AGENDA WORK SESSION WITH ECONOMIC DEVELOPMENT AUTHORITY, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 28, 2015 PAGE 4 Other Planning Items: 1. Discussion - I -81 Distribution Park — Stonewall (Stonewall Industrial Park). (See Attached) ------------------------------------------------------------------------- - - - - -- P 2. Discussion — Ordinance Amendment Re: Supplementary Use Regulations — Setback Extensions. (See Attached) -------------------------------------------- - - - - -- Q 3. Resolution Re: Rail Access Funding Application for Trex. (See Attached) ------------------------------------------------------------------------- - - - - -- R 4. Resolution Re: Revenue Sharing Application Support for Revenue Sharing Program for 2016 -2017. (See Attached)---------------------------------------- - - - - -- S Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn }^-�. CONSENT AGENDA FREDERICK COUNTY BOARD OF SUPERVISQRS' MINUTES CLOSED SESSION AND REGULAR MEETING September 9, 2015 A Closed Session of the Frederick County Board of Supervisors was held on Wednesday, September 9, 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 Jason E. Ransom CALL TO ORDER Chairman Shickle called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board convened in closed session pursuant to Section 2.23711 A (3) and (7) of the Code of Virginia, 1950, as amended, for discussion and consideration of the acquisition and disposition 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 and for consultation with legal counsel regarding a legal matter, R150 SPE, LLC v. Frederick County. 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 Jason E. Ransom Absent Robert W. Wells Aye (Supervisor Ransom arrived at 6:50 p.m.) 1 Upon a motion by ViceWChairman DeHaven, seconded by Supervisor Lofton, 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 Jason E. Ransom Abstain Robert W. Wells Aye Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge that only acquisition and disposition of real property and legal matters, pursuant to section 2,2 -3711 A (3} and {7) of the Code of Virginia, 1950, as amended, specifically the acquisition and disposition 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 and consultation with legal counsel regarding a legal matter, R154 SPE, LLC v. Frederick County 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 Jason E. Ransom Abstain Robert W. Wells Aye REGULAR MEETING — CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Pastor Ross Halbersma, New Hope Alliance, delivered the invocation. 2 agenda. PLEDGE OF ALLEGIANCE Vice�Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator Brenda G. Garton advised she had no additions or changes to the 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 Jason E. Ransom Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED The Board considered the following items under the consent agenda: - Minutes - August 12, 2015 Regular Meeting —Tab A; - Request to Schedule Public Hearing Re: Granting of Deed of Easement Between County of Frederick and Winchester Regional Airport Authority —Tab E; and - Parks and Recreation Commission Report —Tab G. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, 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 Jason E. Ransom Aye Robert W. Wells Aye CITIZEN COMMENTS 3 Bill Brogan, Back Creek District, spoke regarding the Jackson's Retreat application. He expressed concern about the stability of wells in the neighborhood and wanted same type of protection. He also spoke of concerns with run -off. He concluded by saying he would like assurances that the builder will not use dynamite and will preserve the trees. Blaine Dunn, Red Bud District, asked if the Board would be passing a motion concerning the $200 supplement for the clerks or if it would be discussed. agenda. Chairman Shickle responded no sir. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER THE CONSENT AGENDA The minutes from the August 12, 2015 Regular Meeting were approved under the consent COUNTY OFFICIALS RESOLUTION IN HONOR OF THE 2U15 JUNIOR LEAGUE WORLD SERIES NATIONAL CHAMPION FREDERICK COUNTY NATIONAL JUNIOR LEAGUE ALL -STAR BASEBALL TEAM - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved a resolution honoring the 2015 Junior League World Series National Champion Frederick County National Junior League All -Star Baseball Team. WHEREAS, on June 15, 2015 the Frederick County National Junior League All -Star Baseball Team set a goal of making 1t to the Junior League World Series; and WHEREAS, during their title run, Frederick County finished with a 14 -6 pastseason record; and WHEREAS, the Frederick County National Junior League All -Star Baseball Team became District 3 champions, Virginia state champions, Southeast Region champions, and Junior League World Series U.S. Champions; and WHEREAS, the Frederick County National Junior League became the first team in Winchester, Frederick County, or Virginia District 3 to ever win a national title in baseball; and WHEREAS, this team achieved this honor through a combination of hard work, dedication, true sportsmanship, team spirit, character, and hard play, which has brought favorable recognition upon themselves and their community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2015 National Champion Frederick County National Junior League All -Star Baseball Team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. ADOPTED this 4th day of September, 2015. 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 Jason E. Ransom Aye Robert W. Wells Aye A copy of the resolution was then presented to the coaches and team. COMMITTEE APPOINTMENTS WILLIAM AUSTIN APPOINTED AS RED BUD DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Ransom, seconded by Vice - Chairman DeHaven, the Board appointed William Austin as Red Bud District representative to the Extension Leadership Council. This is a four year appointment. Term expires June 22, 2019. 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 5 Jason E. Ransom Aye Robert W. Wells Aye REAPPOINTMENT OF BRENDA G. CARTON AS COUNTY REPRESENTATIVE TO THE REGIONAL JAIL AUTHORITY - APPROVED Upon a motion byVice- Chairman DeHaven, seconded by Supervisor Hess, the Board reappointed Brenda G. Garton as Frederick County representative to the Regional Jail Authority. This is a four year appointment. Term expires October 13, 2019. 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 Jason E. Ransom Aye Robert W. Wells Aye REAPPOINTMENT OF GARY LOFTON AS COUNTY REPRESENTATIVE TO THE ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board reappointed Gary Lofton as a county representative to the Economic Development Authority. This is a four year appointment, Term expires November 10, 2019. 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 Jason E. Ransom Aye Robert W. Wells Aye RE VEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton offered the following refund requests for the Board's consideration: C 1. Undisclosed taxpayer the amount of $3,689.42 for part of 2012, all of 2013, 2014, and the first half of 2015 real estate taxes, based on proper filing of proof of 100% permanent and total disability directly due to military service. � APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the above refund request and supplemental appropriation. 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 Jason E. Ransom Aye Robert W. Wells Aye 2. Greenway Engineering, Inc. the amount of $12,752.65 for business license taxes in 2012, 2013, and 2014. The taxpayer's business operations are both here and out of state. This refund resulted from the taxpayer paying out of state income taxes on part of its revenue reported to the Commissioner. - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation. 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 Jason E. Ransom Aye Robert W. Wells Aye 3. Navitus Engineering, Inc. the amount of $42,559.83 for business license taxes in 20l 3 and 2014. The taxpayer's business operations are both here and out of state. This refund resulted from the taxpayer paying out of state income taxes on part of its revenue reported to the Commissioner, - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice�Chairman DeHaven, the Board approved the above refund request and supplemental appropriation. 7 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 Jason E, Ransom Aye Robert W. Wells Aye 4. Citizens Asset Finance, Inc, the amount of $5,735.77 far business personal property taxes for all of 2015. This refund resulted from the taxpayer including assets in its 2015 return without realizing the items had moved out of state prior to January 1, 2015. The taxpayer had satisfied the entire 2015 year of liability with its June invoice. - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the above refund request and supplemental appropriation, 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 Jason E. Ransom Aye Robert W. Wells Aye 5. Carrier Enterprise LLC the amount of $1��,392.11 for business license taxes for 2010 & 2011, Taxpayer filed as a retail establishment for the years in question. Taxpayer appealed just short of the deadline and stated they are a wholesale operation, The Commissioner denied the request and a fixrther appeal was made to the Virginia Department of Taxation as allowed by Code. Despite evidence to the contrary that purchases had been made by the general public, the Virginia Department of Taxation upheld the appeal. This represents a refund of 2010 and 2011 taxes —delay due to an extended time the appeal was with the Virginia Department of Taxation. Similar appeals were made elsewhere in Virginia with the same result. - APPROVED Upon a motion by Vice�Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above refund request and supplemental appropriation. 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 Jason E. Ransom Aye Robert W. Wells Aye RE UEST TO SCHEDULE PUBLIC HEARING RE: GRANTING OF DEED OF EASEMENT BETWEEN COUNTY OF FREDERICK AND WINCHESTER REGIONAL AIRPORT AUTHORITY — APPROVED UNDER CONSENT AGENDA MEMORANDUM RE: OCTOBER MEETING SCHEDULE — APPROVED CANCELLATION OF OCTO_BER_14, 2015 MEETING AND REINSTATEMENT OF OCTOBER 28, 2015 MEETING Administrator Garton advised at the April 22, 201 S meeting of the Board. of Supervisors, the Board set the schedule for the remainder of 2015. At that time, the Board approved the cancellation of the October 28, 2015 meeting. Since then scheduling conflicts arose surrounding the October meeting. Staff requested approval from the Board to amend the Board's meeting schedule to cancel the October 14, 201 S meeting and reinstate the October 28, 2015 meeting. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board moved the October 2015 meeting from October 14, 2015 to October 28, 2015. 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 Jason E. Ransom Aye Robert W. Wells Aye Administrator Garton advised that in addition, staff had been asked to schedule a joint work session of the Board of Supervisors and the Economic Development Authority. Originally, staff was looking at holding this work session prior to the Board's October meeting, beginning at 5:30 p.m, Staff recommended scheduling the joint work session with the Economic Development Authority for October 28, 2015 beginning at 5:30 p.m. The Board's consensus was to hald a work session with the EDA on Wednesday, October 28, 2015 beginning at 5:30 p.m. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on August 11, 2015. Members present were: Kevin Anderson, Patrick Andersan, Randy Carter, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr,, and Jason Ransom, Members absent were; Natalie Gerometta and Marty Cybulski. Items Re�uirin� Board of Supervisors Action: None Submitted for Board Information Oniy: 1. Play Fund - Mr. Madagan moved request a supplemental appropriation in the amount of $452.25 from the Finance Committee to be included in FY15 and be disbursed to revenue codes where financial assistance was used, second by Mr. Gary Longerbeam, motion carried unanimously (6 -0 }. This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. 2. Buildings and Grounds Committee — Frederick Heights Neighborhood Park —The Buildings and Grounds Committee recommended public meetings for input on the potential development of Frederick Heights Parks, second by Mr. Longerbeam, carried unanimously (6 -0). 3. Youth Sports PartnerslAppeals/Public Relations Committee —The Youth Sports PartnerslAppeals/Public Relations Committee recommended adopting the Youth Sports Partner Agreements for Frederick County American Little League, Frederick County National Little League, and Blue Ridge Youth Soccer League as submitted, second by Mr. Patrick Anderson, carried unanimously (6 -0 }. FINANCE COMMITTEE A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 19, 2015 at 8:00 a.m. Members Angela Rudolph and Richard Shickle were absent. Items 1 and 2 were approved under consent agenda. 10 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved items 1 and 2 under the consent agenda. 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 Jason E. Ransom Aye Robert W. Wells Aye 1. The Sheriff requests a General Fund su lemental a ro nation in the amount of 3 457.$7. This amount represents donations for the K -9 unit. No local funds required. — APPROVED UNDER CONSENT AGENDA 2. The Solid Waste Manager requests a General Fund su lemental a ro nation in the amount of $500. This amount represents a Keep Virginia Beautiful grant. No local funds required. — APPROVED UNDER CONSENT AGENDA 3. At the request of the committee, the EDA Executive Director will provide an overview of final reporting mechanism by the Economic Development Authority (EDA) on Local Economic Development Incentive Grants (LED1G). No action required. 4. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $30,000. This amount represents funds needed to repair the Treasurer's drive through lane. This request has been approved by the Public Works Committee. Local funds are required. The committee recommends approval, - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved the above request 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 Jason E. Ransom Nay Robert W. Wells Aye 5. The Assistant County Administrator requests a General Fund budget. transfer in the amount of $85,900 from unallocated budget funds. This amount represents anticipated 11 building maintenance expenses for the soon to be acquired Millwood Fire Station. The committee recommends approval. �- APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Board approved the above request 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 Jason E. Ransom Aye Robert W. Wells Aye 6. The Frederick County Circuit Court Clerk requests a General Fund supplemental appropriation in the amount „of.$43,243. This amount represents salary and fringes required to hire a Deputy Clerk�Operations. Qf this amount, $32,330 will be reimbursed by the State Compensation Board. The position has been approved by the HR Committee. Local funds are required. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the above request 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 Jason E. Ransom Aye Robert W. We11s Aye 7. The Red Bud District Supervisor requests a General Fund su lemental a ro nation in the, amount, of $1.9,000. This amount represents the County share of a $200 per month salary supplement for the 19 clerks of the General District Court and the Juvenile and Domestic Relations Court for the remaining ten months of FY16. Local funds are required. The committee recommends denial, — POSTPONED UNTIL OCTOBER 28, 2015 MEETING Chairman Shickle advised that he had spoken incorrectly earlier in the meeting when Mr. Dunn had asked about this item. He stated that he was going to allow Mr. Dunn the opportunity to address the Board regarding this item. 12 Blaine Dnnn, Red Bud District, spoke concerning the proposed $2001month pay raise for the clerks, He stated this item should be postponed until next year so it could be considered as part of the budget process. He encouraged the Board to think through why they should do this supplement. Chairman Shickle apologized to Mr. Dunn for giving him incorrect information earlier in the meeting. Supervisor Hess stated he believed there was a huge difference between the circuit court employees and general district court employees. The general district court employees are state employees. Upon a motion by Supervisor Ransom, seconded by Vice - Chairman DeHaven, the Board postponed this item until the October 28, 2015 meeting in order to allow Judge Elizabeth Kellas and Clerk Ann Lloyd to speak before 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 Jason E. Ransom Aye Robert W. Wells Aye 8. The Winchester Regional Airport Authority requests a public hearing for an A Capital Fund supplemental appropriation in the amount of $3,588,454 and a General Fund supplemental appropriation. in the amount of $63,818 (local funds). These amounts represent the FYlb Airport Capital budget and the County contribution respectively, The committee recommends holding a public hearing on September 9, 2015. 4. The Parks and Recreation Commission requests the donations received in FY15 for the PLAY Fund in the amount of $7,384.50 be reserved, subject to future appropriations. The balance will be reduced by the financial assistance provided during FY15 in the amount of $452.25. No local funds required. The committee recommends approval. APPROVED 13 Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Wells, the Soard approved the above request 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 Jason E. Ransom Aye Robert W. Wells Aye 10. The Dpequon District Supervisor requests a General Fund su lemental a ro riation in the amount of $35,000. This amount represents an increase to the Handley Library Soard budget for FY 16, Local funds are required. The committee makes no recommendation. NO ACTION TAKEN 11. The Finance Director requests discussion on the transfer policy pertaining to unallocated budget funds. The committee recommends removing the $25,000 limit on the inter- departmental transfers. � APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote; Richard C, Shickle Charles S. DeHaven, Jr. Gene E. Fisher Robert A. Hess Gary A. Lofton Jason E. Ransom Robert W. Wells Aye Aye Aye Aye Aye Nay Aye INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for July 20I S. 2. The Finance Director provides a preliminary FY 2015 Fund Balance Report for the period ending June 30, 2015. 3. The Frederick County Volunteer Fire &Rescue Association requests additional funding in the amount of $3,840 for the FY16 Volunteer Length of Service program. The County Administrator has approved a transfer for the funding. 4. The FY15 year end open purchase orders have been provided by the County and the Schools. 14 TRANSPORTATION COMMITTEE REPORT OF JULY 27 2015 ACTION POSTPONED FOR 30 DAYS AT BOARD MEETING OF AUGUST 12 2015 DEFERRED ACTION INDEFINITELY At the August I2, 20I5 Board meeting the Board considered the following action item from the Transportation Committee. The item was tabled until the September 9, 201 S Board meeting. " Russell 150 Revenue Sharing Funds Below information digested by the Transportation Committee and Board of Supervisors. At the request of the Board of Supervisors, staff has been investigating ways to preserve funding procured for the Russell 150 Road projects but now in danger of being deallocated, See attached summary of those funds. Staff advised the committee of the following: 1. Renaissance Drive would benefit from a transfer of $400,000.00. 2. Route 11 North would benefit from a transfer of $500,000.00. 3. Additionally, staff noticed that the Board could submit a revenue sharing application with the intent of funding it via a transfer. Possible projects follow: a. Coverstone Drive b. .iustes Drive Based upon a motion by Mr. Ransom and seconded by Mr. Racey the committee recommended approval that the Board proceed with the transfers for items one and two and consider additional information which they have directed staff to gather for item 3 for possible action as well. Staff will be prepared to present at the meeting these items and potential additional projects. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Lofton, the Board deferred action indefinitely. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, .lr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye .iason E. Ransom Aye Robert W. Wells Aye PUBLIC HEARING 15 OUTDOOR FESTIVAL PERMIT RE VEST OF CEDAR CREEK BATTLEFIELD FOUNDATTON —151 ANNIVERSARY OF THE BATTLES OF CEDAR CREEK. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTTVALS• SECTION 86 -3 PERMIT RE UTRED• APPLICATION• ISSUANCE OIZ. DENIAL• FEE• FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY OCTOBER 17 2015 FROM 9:00 A.M. — 7:00 P.M. AND SUNDAY OCTOBER 18 2015 FROM 9:00 A.M. — 5:00 P.M. ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD 8437 VALLEY PIKE MIDDLETOWN VIRGINIA PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION. - APPROVED Chairman Shickle advised this was an application for an outdoor festival permit by Cedar Creek Battlefield Foundation for the 15 I sc Anniversary of the Battles of Cedar Creek. The event would be held on Saturday, October 17, 201 S from 9;00 a.m. to 7.00 p.m. and Sunday, October 18, 2015 from 9:00 a.m. to 5:00 p.m. on the grounds of Cedar Creek Battlefield. Dr. Stanley Hirschberg, President of the Cedar Creek Battlefield Foundation, advised this event has been held for a long time. This year's event would be smaller than last year's event. He asked that the Board approve this request. Pat Kehoe, Business Manager for the Cedar Creek Battlefield Foundation, stated this was one of Frederick County's major events. Chairman Shickle convened the public hearing, Blaine Dunn, Red Bud District, advised that he had attended a number of these events and he suggested the Board vote yes on this perfnit request. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the outdoor festival permit request of Cedar Creek Battlefield Foundation for the I S l st Anniversary of the Battles of Cedar Creek. Supervisor Hess stated that by his reading of the ordinance a festival permit would not be required for this type of event. 16 There being no further discussion, 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 Jason E. Ransom Aye Robert W. Wells Aye OUTDOOR FESTIVAL PERMIT REQUEST OF JIM BOWIE — EINHERJAR RALLY (CELES_ RATING OUR NATION'S WARRIORS} — PURSUANT TO THE FREDERICK COUNTY CODE CHAPTE ,, 5,,,„ ..,., .,,.,,,.,,. �., ��� � R 6 FESTIVALS• SECTION 86 -3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE• FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO SE HELD ON SATURDAY OCTOBER 3 2015 FROM 10:00 A.M. — 6:00 P.M. ON THE GROUNDS OF GROVE'S WNCHESTER HARLEY- DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA, PROPERTY OWNED SY JOSALI ,., .,L „,.,,.. „,.,.,.,, E. LC. - APPROVED Chairman Shickle advised this was an application for an outdoor festival permit by Jim Bowie for Einher�ar Rally (Celebrating Our Nation's Warriors). The event to be held on Saturday, October 3, 2015 from 10:00 a.m. to 6:00 p.m. on the grounds of Grove's Winchester Harley - Davidson. Jim Bowie appeared before the Board on behalf of this application. He advised this event would bring awareness to servicemen and women who suffer from post - traumatic stress disorder. He noted the Redskins' cheerleaders would be a part of this event as would a police escorted motorcycle ride to The Alamo Drafthouse for the showing of a film. He noted all proceeds would benefit the non - profit 22 Needs a Face. Chairman Shickle convened the public hearing, There were no public comments. Chairman Shickle closed the public hearing. 17 Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the outdoor festival permit request of Jim Bowie — Einherj ar Rally. 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 Jason E. Ransom Aye Robert W. Wells Aye PROPOSED SCHOOL BOND FINANCINGS BY THE BOARll OF _. , ,_FREDERICK, VIRGINIA.,. NOTICE IS _ ..._ R,S OF THE COUNTY OF , HEREBY GIVEN THAT THE BOARD OF SUPERVISORS (THE `BOARD ") OF THECOUNTY OF FREDERI CK VIRGINIA (THE "COUNTY "} WILL HOLD A .,, „, � _. PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2 -2606 OF THE CODE OF VIRGINIA OF 1950 AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS THE "BONDS" OF THE COUNTY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2911001000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES CONSISTING PRIMARILY OF ������ THE CONSTRUCTION AND E DIPPING OF THE REPLACEMENT OF FREDERICK COUNTY MDDLE SCHOOL. A RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS WILL BE CONSIDERED BY THE BOARD OF SUPERVISORS AT ITS MEETING ON WEDNESDAY, SEPTEMBER 9, 2015. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND PRESENT ORAL OR WRITTEN COMMENTS. - APPROVED Dr. David Sovine, Superintendent of Schools, advised this was a request to address the remaining cash flow needs for the replacement frederick County Middle School. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, advised that he had addressed the School Board and Board of Supervisors regarding a turnkey operation. He advised there had been no attempt to use existing equipment for the new school. He asked that the Board and School Board provide proper oversight for these multi - million dollar projects. He went on to say that we need to see some alternatives. He asked the Board not to build any more "temples" to government IS education, Shawn Graber, Back Creek District, advised that the Board was headed down a slippery slope. He noted if the economy stays the same the citizens of Frederick County could see a $0.33 tax increase. He went on to say if the economy gets worse then the tax increase would get worse. He stated that he would like to see a 5 % -6 %across the board budget cut. This could save half of this money the School Board wanted to borrow, He noted the other half could be taken from the rainy day fund. He went on to say the fund could be replenished if we maintained the reduced budget levels. He concluded by encouraging the Board to vote no on this request. Blaine Dunn, Red Bud District, advised if the Board would look at a shorter time frame on this debt it could save 1 %. He recommended looking at an earlier pay -off rather than carrying the debt to term. There being no further comments, Chairman ShickIe closed the public hearing, Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Fisher, the Board approved a resolution authorizing the issuance of not to exceed $29,100,000 general obligation school bond of the County of Frederick, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. WHEREAS, the Board of Supervisors (the "Board "} of the County of Frederick, Virginia (the "County " }, has determined that it is necessary and expedient to borrow an amount not to exceed $29,100,000 and to issue its general obligation school bond (as more speciiacally defined below, the "Local School Bond ") for the purpose of financing certain capital projects for public school purposes, consisting primarily of the construction and equipping of the replacement of Frederick County Middle School (collectively, the "Project "); WHEREAS, the County held a public hearing, duly noticed, on September 9, 2015, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2 -2606, Code of Virginia 1950, as amended (the "Virginia Code "); WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Local School Bond and consented to the issuance of the Local School Bond; 19 WHEREAS, Virginia Public School Authority { "VPSA ") has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the fall of 2015 or a future bond sale {the "VPSA Bonds " }; WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $29,100,000 is the amount of proceeds requested {the "Proceeds Requested "} from VPSA in connection with the sale of the Local School Bond; WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value {the "VPSA Purchase Price Objective "), taking into consideration of such factors as the amortization schedule the County has requested for the Local School Bond relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS, such factors may result in the Local School Bond having a purchase price other than par and consequently (i} the County may have to issue the Local School Bond in a principal amount that is greater than or less 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 principal amount of the Local School Bond set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds, on more than one occasion, in an aggregate principal amount of no more not to exceed $29,100,000 (collectively, the '!Local School Bond "} for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of one or more Local School Bond in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Local School Bond. The sale of each Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum aggregate principal amount of all Local School Bonds issued under this Resolution set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, however, each Local School Bond may be sold for a purchase price not lower than 95% of the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them (each a "Delegate "} and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of each Local School Bond to VPSA (each a "Bond Sale Agreement "). The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which farm is hereby approved, with such completions, insertions, �•I17 omissions and changes not inconsistent with this Resolution as may be approved by the County officer executing the Bond Sale Agreement. 3. Details of the Local School Bond. Each Local School Bond shall be dated 16 days prior to the date of its issuance and delivery or such other date designated by VPSA; shall be designated "General Obligation School Bond, Series 20_ "; {ar such other designation as the County Administrator may approve) shall bear interest from its dated date payable semiannually on each January 15 and July 15 beginning January I5, 2016 (each an "Interest Payment Date "), at the rates established in accordance with paragraph � of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date ") and in the amounts acceptable to a Delegate (the "Principal Installments "), subject to the provisions of paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Interest Rates and PrinciAal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on each Local School Bond established by VPSA, provided that each interest rate shall be five one - hundredths of one percent {0.05 %) aver the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Local School Bond, and provided further that the true interest cost of each Local School Bond does not exceed five and fifty one - hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments aze subject to change at the request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally - recognized rating agencies and the final principal amount of such Local School Bond; provided, however, that the principal amount of all Local School Bonds shall not exceed the amount authorized by this Resolution and the final maturity of each Local School Band shall not exceed 31 years from the date of the issuance and delivery of such Local School Bond. The execution and delivery of each Local School Bond as described in paragraph S hereof shall conclusively evidence the approval and acceptance of all of the details of such Local School Bond by the Delegate as authorized by this Resolution. 5. Form of the Local School Bond. Each Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Pa went• Pa in A ent and Bond Re 'strar. The following provisions shall apply to each Local School Bond: {a) For as long as VPSA is the registered owner of each Local School Bond, all payments of principal, premium, if any, and interest on a Local School Bond shall be made in immediately available funds to VPSA at, or before 1 I :00 a.m, on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day far Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b} All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on such Local School Band. 21 {c) U.S. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for each Local School Bond. The County may, in its sole discretion, replace at any time the Bond Registrar with another Qualified bank or trust company as successor Bond Registrar and Paying Agent for any Local School Bond. The County shall give prompt notice to VPSA of the appointment of any successor Bond Registrar and Paying Agent. 7. Pre a ment or Redem tion, With respect to any Local School Bond sold to VPSA in the fall 2015 sale, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 1 S, 2025, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2025, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Local School Bond held by VPSA coming due on or after July 15, 2025, and the definitive bonds) for which_ the Local School Bond held by VPSA may be exchanged that mature on or after July 15, 2026, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2025, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal arx�ount of the Local School Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2025 through July 14, 2025 101 July 15, 2025 through July 14, 2027 100'/2 July 15, 2027 and thereafter 100 Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90} and not less than sixty (60) days before the date fixed for prepayment or redemption. If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Bond to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA bonds issued in part to refund the Local School Bond. With respect to any Local School Bond sold to VPSA in a subsequent sale, the Principal Installments of such Local School Bond will be subject to similar prepayment or redemptions provisions as may be set forth by VPSA at the time of such sale. 8. Execution of the Local School Bond. The Chairman or Vice Chairman and the CIerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver each Local School Bond and to affix the seal of the County thereto. 22 9, redit. For the prompt payment of the principal of, Ple, , �e .of „FuII ,Faith ,And ,, C,, ,,,_ premium, if any, and the interest on each Local School Bond as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of such Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on such Local School Bond as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use o�_Procceds Certificate and Tax Compliance Agreement. The Chairman of the Board, the County Administrator and such other offcer or officers of the County or the School Board as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement "} setting forth the expected use and investment of the proceeds of a Local School Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 198b, as amended (the "Code " }, and applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of each Local School Bond will be invested and expended as set forth in such Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the VPSA Bonds will remain excludable from gross income for federal income tax purposes. 11, State Non - Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non - Arbitrage Program in connection with each Local School Bond. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of each Local School Bond by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuin Disclosure A reement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2 -12,, under the Securities Exchange Act of 1934, as amended, and directed to make alI filings required by Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as defined in the Bond Sale Agreement }, 13. Refunding. The Board hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds issued to 2,3 purchase a Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass on annual debt service savings to the local issuers, including the County. Each of the Delegates is authorized to execute and deliver to VPSA such allonge to the Local School Bond, revised debt service schedule, IRS Form 8038 -G or such other documents reasonably deemed necessary by VPSA and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of a Local School Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk to the Board of Supervisors is authorized to affix the County's seal on any such documents and attest or countersign the same. 14. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 1S. Election to Proceed under Public Finance Act. In accordance with Section 15.2- 2601 of the Virginia Code, the Board elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 16. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and otherwise in furtherance of this Resolution and any such action previously taken is hereby ratified and confirmed, 17. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on September 9, 2015, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii} the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 9th day of September, 2015. 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 Jason E. Ransom Aye Robert W. Wells Aye AMENDMENTS Ta THE 2015 -2016 FISCAL YEAR BUDGET — PURSUANT TO 24 SECTION 15.2 -2507 OF THE CODE OF VIRGINIA 1950 AS AMENDED THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2015 -2016 BUDGET TO REFLECT: AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION ><N THE,AMOUNT OF X3,588,459 AND A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF �G3,818 ¢OCAL FUNDS). THESE AMOUNTS REPRESENT THE FY 16 AIRPORT CAPITAL BUDGET AND,TH.,,.,.,,., .,.. - E COUNTY CONTRIBUTION RESPECTIVELY. - APPROVED Chairman Shickle convened the public hearing on the proposed budget amendment for the Airport Capital Fund supplemental appropriation in the amount of $3,588,459 and a general fund supplemental appropriation in the amount of $63,818 local funds }. Shawn Graber, Back Creek District, stated that it appears the Airport has a spending problem. He noted two options to address this problem would be to increase business or cut expenses. He concluded by saying he had real heartburn spending money outside of the budget. Renny Manuel, Executive Director of the Winchester Regional Airport, advised this was the Authority's annual request for capital outlay for improvements at the airport. The funds are not used for operations. She concluded by saying this was part of the annual process and that only 2% of the dollars being requested are local dollars. The county's contribution is $63,818. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Fisher advised that a lot of the airport's funding depends on federal action in order to get funds for capital requests. He went on to say the Authority continues to improve facilities so they can be a tool for businesses that want to come here. Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the amendment to the 2015 -2016 Fiscal Year budget amendment. WHEREAS, Pursuant to Section 15.2 -2507 of the Code of Vir inia, 195x, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 9, 2015, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 25 201 5 -2016 Budget be Amended to Reflect: Ai ort Ca ital Fund Su lemental A ro nation in the Amount of 3 5$$ 459 and a General__Fund__5_u�pplemental Ap�ro�riation in the Amount of $b3,81$.�Local Funds. These Amounts Represent the FY16 Airport Capital Budget and the County Contribution Respectively. 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 Jason E. Ransom Nay Robert W. Wells Aye PLANNING COMMISSION BUSINESS .IACKSON'S RETREAT WAIVERS AND SUBDIVISION RE VEST - APPR(�VFlI Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a subdivision waiver reduest for Jackson's Retreat. The property is located in the Back Creek Magisterial District. He noted there were two waivers being requested: Elimination of sidewalks and pedestrian walkways. 2. Elimination of streetlights. He went on to say the proposed subdivision is located outside of the urban development area and the sewer and water service area. He concluded by saying the Planning Commission recommended approval of the two waivers. Darren Foltz appeared before the Board representing the applicant. He advised that he had no intention of using dynamite, but would not bind any future contractor. Supervisor Lofton asked Mr. Foltz if he could work with the contractor to ensure adjacent homeowners have assurances, inspections, etc. 26 Mr. Foltz advised if construction came to a point when there were no other options but blasting then he would have to do that. He went on to say insurance would require it. Chairman Shickle asked Mr. Foltz why he was pursuing the waivers. Mr. Foltz responded that he was trying to have his development fit in with the existing neighborhoods. Upon a motion by Supervisor Hess, seconded by Supervisor Lofton, the Board approved the waivers. 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 Jason E. Ransom Aye Robert W. Wells Aye DISCUSSION — HIATT RUN CONDOMINIUMS MASTER DEVELOPMENT PLAN — INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to develop 12 acres with 120 residential units. The property is located in the Stonewall Magisterial District. The zoning has been in place since the first Frederick County Zoning Map was adopted in the 1960x. She concluded by saying this item was being presented for information only. DISCUSSION — ORDINANCE AMENDMENT —SELF STORAGE FACILITIES IN THE RA RURAL AREAS DISTRICT —SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to include self- storage as a conditional use in the RA (Rural Areas) District. She advised that this use requires little infrastructure such as 27 water and sewer services. She noted that this type of development in the Rural Areas must conform to the B2 standards. One of the criteria for consideration of this use is access to a paved state maintained road. She concluded by saying staff was seeking direction from the Board. Vice - Chairman DeHaven asked why this use must conform to the B2 standards. Senior Planner Perkins responded that would ensure adequate parking and landscaping. Several questions came up regarding how this use would be dealt with if an owner was found to be in violation of their conditional use permit. Planning Director Eric Lawrence advised that if the owner was found to be in violation of his permit then staff would work with them to bring the use into compliance so they could continue to operate. Supervisor Hess asked if it would be possible for one of these facilities to be torn down if it was not operational. Director Lawrence responded yes. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board sent this item forward for public hearing. Supervisor Fisher stated he was not in favor of this amendment at this point. He noted that it did not fit in the RA District. Supervisor Lofton advised that he had some concerns, but he wanted to hear from the citizens. WHEREAS, an ordinance to amend Chapter 165, Zoning to allow self storage facilities as a conditional use in the RA (Rural Areas} District was considered along with supplemental use regulations pertaining to the use; and WHEREAS, the Development Review and Regulations Committee (DRRC} reviewed the changes at their July 23, 2Q15 meeting and had minor revisions and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and 28 WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on August 19, 2015 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on September 9, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include self storage facilities as a conditional use in the RA (Rural Areas) District, including additional supplementary use regulations pertaining to the use. Passed this 9`� day of September, 2015. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene E, Fisher Nay Robert A. Hess Nay Gary A. Lofton Aye Jason E. Ransom Aye Robert W. Wells Aye DISCUSSION — ORDINANCE AMENDMENT — VARIANCE REQUIREMENTS — SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to amend the Frederick County Zoning Ordinance to bring it into compliance with the Code of Virginia with regard to variance requirements. She concluded by saying staff was seeking direction from the Board regarding sending this item forward for public hearing, Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved sending this item forward for public hearing. 29 WHEREAS, during the 2015 Session of the General Assembly passed amendment to the Code of Virginia pertaining to the operation of the local Board of Zoning Appeals; and WHEREAS, the Frederick County Planning Department has drafted revisions to Article X and Article I of the Zoning Ordinance to be compliant with the Code of Virginia pertaining to the Board of Zoning Appeals and the standards by which the Board review variance requests; and WHEREAS, the Development Review and Regulations Committee (DRRC} endorsed the changes at their July 23, 2015 meeting and sent the item forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the amendment at their regularly scheduled meeting on August 19, 2015 and agreed with the changes; and WHEREAS, the Board of Supervisors discussed the amendment at their regularly scheduled meeting on September 9, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter I65; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to make changes to the zoning ordinance to be compliant with the Code of Virginia pertaining to the Board of Zoning Appeals and the standards by which the Board reviews variance requests. Passed this 9t�' day of September, 2015 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 Jason E. Ransom Aye Robert W. Wells Aye DISCUSSION — ORDINANCE AMENDMENT — SETBACKS FROM AGRICULTURAL AND FORESTAL DISTRICTS —SENT FORWARD FOR PUBLIC HEARING WITH THE SIX ACRE OPTION Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Zoning Ordinance to address agricultural and forestal districts setbacks. She stated staff is proposing a setback of 50 feet for parcels of less 30 than six acres and a setback of 200 feet for parcels of greater than six acres. She noted the Development Review and Regulations Committee suggested the setback of 50 feet apply to parcels of 2 acres or less. She concluded by saying staff was seeking direction from the Board regarding sending this item forward for public hearing and a decision of whether the reduced setbacks should apply to parcels of six acres or less or two acres or less. Supervisor Wells thanked staff for their work on this matter. He stated that he favored the reduced setback being applied to parcels of less than six acres. Supervisor Lofton stated he was not sure this proposed amendment gets us there; however, he expressed concern about the forestal districts. Supervisor Hess stated he felt this proposal was a reasonable accommodation. Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board sent this item forward for public hearing with the six acre option. WHEREAS, staff has been directed to prepare an amendment to Chapter 165, Zoning to reduce the setbacks off of parcels within the Agricultural and Forestal District. Staff has drafted an amendment to the RA (Rural Areas) District setbacks that would require parcels abutting a property within an agricultural district that is six acres or less to have a 50" setback and parcels more than six acres would require a 200' setback; and WHEREAS, the Planning Commission discussed this item at their regularly scheduled meeting on August 19, 2015 and agreed with the proposed amendment and sent the item forward; and WHEREAS, the Development Review and Regulations Committee (DRRC) discussed this item at their August 27, 2015 meeting recommended reducing the parcel size be reduced from six acres to two acres; and WHEREAS, the Board of Supervisors discussed this item at their regularly scheduled meeting on September 9, 2015 and agreed with the proposed amendment; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of 31 Supervisors that the Frederick County Planning Commission shall hold a public hearing to revise the RA (Rural Areas} District setbacks to require parcels abutting a property within an agricultural district that is six acres or less to have a 50' setback and parcels more than six acres would require a 200' setback. Passed this 9`h day of September, 2015 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 Jason E. Ransom Aye Robert W. Wells Aye DISCUSSION _ KERNSTOWN AREA PLAN — NO ACTION TAKEN Deputy Planning Director Michael Ruddy appeared before the Board regarding this item, He advised this was a discussion of the proposed Kernstown Area Plan, which would be an amendment to the Comprehensive Plan. He noted the proposed plan would update the land use and transportation plans for the Kernstown area located in the Back Creek Magisterial District. The proposed plan was developed with input from the citizens and businesses in the area along with the Planning Commission and the Transportation Committee. He noted the proposed plan would provide some flexibility to the developmentally sensitive areas. The Urban Development Area and Sewer and Water Service Area are proposed to be slightly modified in this plan. He concluded by saying staff was seeking Board direction regarding whether this item is ready to be sent forward for public hearing. Vice - Chairman DeHaven stated he did not believe this item was ready for public hearing and that the Board should have another opportunity to review and comment on it. He suggested having a future work session. Supervisor Lofton stated there was no sense of urgency at this time. Supervisor Hess agreed with the comments and stated he would like to have additional 32 time to review. BOARD LIAISON REPORTS There were no Board of Supervisors' comments. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher spoke briefly about the status of the 4t� high school, He met with school staff and the architect. He stated that he believed the construction costs could be reduced by 10 %. He went on to say that he had spoken with county and school staff regarding site work including roundabo�rts and four lane roads that are unnecessary for a school site and school buses, He also suggested they look at turf for the athletic fields to help offset maintenance costs. � n 7nTro�T 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. (8:45 P.M.) 33 °' I� "ft�: Board of Supervisors FRf� Brands G. Gsrtan, Gaunty Adrn ��TE� C}ctober 21, 2fl15 II��E. Committee A�ppaintments r '� � Brenda �, �rtmaa �awrzty Adzn�a�aastx�tor 5�.N6�iSw�3�2 Fax S40166'� -�37� - rraa�. bgartan @fcva.�s Listed balavwr are the vacancies /sppaintmer�ts due through �anusry, 2�1E�i. As a reminder, in artier far everyone to have ample time to review applicatlar�s, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation.. Your assiistance is greatly appreciated. VA�CA�1CiE�E�+THER Lard Fairfax Cammunify Calle�ge Board' Lynette L. Embree — Frederick County Representative 687 Front Raysl Pike '�!'inchester, VA 22��2 Term Expires: 06/30115 Four year term Social Services Basrd Susan UV. IViarsh — Stonewall district Representative 160 Canterbury Lane Winchester, U'A 22603 Terra Expires: 091281115 Four year term ( s. i�larsh does r9a� wiish t4 a reappvirated,� (Members sen✓e a fa,ur ,year faun and` .are limited' to two cc+r�secutive terms., t4�'i" c�rt� ]Kent Street �irtehester, Virginia �2C�11 �Aemorandurn -ward p� Suy�er�isvrs actaber 21, 2015 page 2 arks grad Recreation +Cammissian IVlartin J. Cybulski � Red Bud District Representative 134 Likens �IVay Winchester, VA 22�i02 Term Expires: 0412811$ i=a�ur year term �. �y��iski has �resigcaed. See �at�aclhed I�esignati�ar�. l�lartllwestern DammunatV Services 8aard Blairoe ,1. "Mack" Alkire — Frederick County Representative 313 Frasher ;Drive Clea�braak, 1/A .22624 Term Expires: 12!31117 Three year term �xtensian Leadership Caunci�l Dr. l�abert M'eadaws � i'Vlember -At -Large 207 Mackenzie Lane Stephenson, VA. 2266+3 Phone: �54� }808 -3304 Four year teirm (&�eq�est �a � oir�t dr. ��dowvs �o err�be� -fit -Large Seal. See Attached ��rreapa�ndler�ce �Frc►rn E�terisi4�n Ag�et�t aril S�tiahi�p. The �xtensian Leadership Council amended their by -laws to expand number of members -at- large. They are requesting the appointment cif Dr. Meadows to fill additional member -at -large seat.} � �� � �. ShawneeLand S�anita�r District Ac�vnsary Camrnittee Flugh 13. �"an 1'�eter 106 Pdtomac Trail Winchester, 1/A 22602 Flame: (540)877 -35.22 Term Expires: 11109/16 iVtemc�rand�am - ��ard �f Supervisors Octot�er 2'4, 215 Wage 3 Tvva year germ Marianne Biviano 109 Dee Trail V'Vinehester, VA 22602 hlome. {54Q }55 -6574 Terra Expires. 11/09J15 Two year term. (The ShawneeLand Sanitary f�isfrict ,4dvisory Gommitfee is comprised of five members made tip of resident property owners and serve a two year term.) 1-landlev Regional Library guard Nancy L. Comer _Frederick County Representative 100 Tyler Court Stephens City, V,4. 22655 F�ome: (x40)869 -4026 Term Expires: 11I30f15 Four year germ {N�s. Ccar�er i�as serve�� trwa f�Nl tegrrrbs and is riot eNigibl'e f ©r reappmirwt�er�t.) The County has. five seats on the Handley Regional Library ,ward. As stated �n the library by -laws, members serve a four year term and arc Grrrited to two consecutive terms.) a NQrkhwestern Corr�munity Services Board Ryan Ciouse Frederick County Representative 111 Rebecca 'give 1Ninchester, VA 22602 Term Exp'r�es; 12f31/15 Three year term � M !� �.' Y. ,�1 ,�i' i * , Tam Brubaker - Frederick County Representative 3407 Cedar Creek Grade 11Vinchester, VA 22602 �dlemorar�du�m _ #�oarct �t Supervc��rs C)+ctrr>kre�r 2'i, 201�i Page � Flame: (54q)539 -UOQ2 Term Exiaires: 12131!1 Three year term �, M r �M � (The fVorthwestern Community Services Board is composed of representatives from each of the jurisdictions within the pfannin� district. The county has three seats on the f�lorthwestern Community Serves Board. Members serve a three year term and are limited to three consecutive terms. Timothy W. 1�f11c4Cee — Frederick County Representative 2101 �:aiem Church I�o�d Stephens City, A 22655 Flame. (5��)863 -1 �'i2 Term Expires: 12/31115 Three year term (The Soard of Equalization is composed of five members. Members must be free holders irr fhe county. fn October 2D1 �, the .Board of Supervisors ap,painted the Board of Equafi�afian as a `permanent" board fpr subsequent reassessme,�is. The original five members were appointed for the 1•affowing terms: arse member for a one -year term; one member i`ar � two -yeer term,• and three members far athree -,year term: Going forward, off fufure appointments shop! be for athree -year term. �ecarnsnenalatia�n fir ��p�ainrraeatti'�e��re�ira�rm�n are rrra�de Oy iffre 8�ac� c��" �cr�aery %���s ,�n�" sa�,r�ri`+�,d �+� tits .du�fe � ��e f�r�ee�ertp� �'ounty CrCC�tt �+�� f�r� �irrap a�,patnfen #.,� .w.. • r o a ' �r- �if}hn d. Cline — Stor�eWal# C►iStrict representative �'� FiOpewell road Clearhraak, 114 22.624 1- �lc�r�e: ���a�6�a -���o Term Expires: 12/31115 Five year term r. Ciie eras ���ninai+ed ar�d appoic�ted in ,A.a���ast, 2!�1 tai fili a vacated seat, said terra tc� expire 12f31111'�5.} (There are seven members an the Board of Zoning Appeals, f�ecm�rnrnenc�atians der ap�+eintnren�r�ea��oin�nrrent aye rrracfe by �e�mar�nd��a — �oarrJ �rf Supervisors t�c�►iaer �, �Il'i5 Page 5 ,/ '� / � �. i �! Extension Leedershi Gau�ncil I�ilargaret B. Douglas — hack Creels District Representative 452 Barley Lane Winchester, VA 22602. Home: �5�F0)667 -453 Term Expires: 01J'14f16 Fau�r year terra Lase G. 'l1�cDanald � Gainesbara District Representative � 085 Collinsville Raad Cross J'unctian, VA X625 Horne: 040)877 -493 Term Expires: 0��126f16 Four year term Raymond P, Cross — ©pequon District Representative 437 �. Btacictan Raad Middleton, V� 22645 Horne: (540)860 -4963 Term Expires: (}1f26f'I6 Four year terrra ., � �,� �. �GCltgp A,ttacfiments 1. V:1 T, �Plcammitteeappao�tr�entslMrnc�sLettrslBoardC�arr�mitt�eAppts (1 p2815�dMtg�.docx art�n Cyfa��st� August � D , �Q I 134 I.,�lcen way %n.ehester, �JA 26q� .l as�r� f�.� bertsen f�irecter, "rederic� C�runty Parks and. Pecreatic�n 1 �7 . Tent fit. '�w�inhester, 'VA �26� 1 dear �as�r�, Please accept this letter as rY+�tiffcatiara �af`rny intention t�s resign fr+�rn tyre Frederick +�oau�ty 'arks and. l�.ecreation �Corntnision effective August 3 i3 215. I arr� very gratefisl fir the opportunity f .had to ;serve e �c�rina�nunty and learn many things, i really enjoyed, myself as a comr��ission �nernber wc�rl�ir�g with an �autstanding group of'people on the carnrraission and with g�our amazing staff; Unfortunately, y jal� with �l�lvfA requires m attention out. of town the majority +�� the tirr�e our cc�mrr�ission rr�eetin.gs are scheduled. I aria aware I have not devoted the ta..rne necessary to the cornaalissic�n, therefore it is tune �cr e to resign. rl hanks again for the opfaorizxty. �inGerely, �`�� � �.� -� l'�artin ,�. �ybulski V'��dertt'�( �,i4��r� "a�1Cl lr����i ^8��, CCw S epterarrber 21, �� �J M5. BTeaada \T. �artan County Administrator County of b'rederick 107 I`�arth Dent Street �W'inciaester, VA 2260(11 Dear Ms. carton: ni:afVtilf"�'1i4 "tF�'i E�r"� C3f E =SAP ": M 1�r4.� t!11 <:.�;t �roe��,r F�,u��ar ��iit� ;3(701' k= resn,W: !gat /�9, '°�� 12���7 t .3a.l��. Rt7�1- �3�%ii -1 °f IL`7 hd�W1;1hC,rl�fGw'�) �,Qr9"? � � r �,, i��� �� �� � r�° � °r"a� � � �� �U� r �i u ��! � � � „a � *a. ��s �`� � .,�^� 4 � r d� ��� 1 an7 writing to notify you that effective September 16, 20 l S, Mr..la�ck Alkire lass resig�xed laic seat on our Board. of Directors. Ie vaould ask. that, if possible, your locality appoint � ne'tiv representative as soon as possible. Also, please note Section i.2- 501(A) of the Code of Virginia that discusses broad citizen representation ran Community Services Boards, i.e., consumers,. family axaernbers, etc. if 1 can. be of assstatace to you in identifying a ne�v representative to our Board.,. please call. l a7m available to meet v�ith a prospective mezaaber to provide detailed information as to the role, responsibilities, etc. of Board Meanbership, Thank. yau, Sincerely, Mark Gleason Chief +Operations officer Iriteriraa Chief Executive Clfficer M.CJfvls cc; Ms. Jaan Richardson, Board Chair ��r�,airo� "`,�+re�re fir �;re:,° = ruc� �caaanti�s rat' i�:la.rl<�, F �c�e�riris, �ar�ca, � "ri�e�d�,ri�ira�;i �nci °rlk�3rr�;ry rY //. . /.. ..,,,,,,..1 %.U/// A.. /i /l! %..,, , /./l' / / //,!,/ ,/ !61 /f;:/ v / /rl/!.n /... / /A / /,!1/ / / / / /G /.>.%/. i,.,v it r.?' i, v.. /[a /.i/ // /'//.A /.. /r,. /ri 1 / /i / / / / /ii ,i r/i iii ,. ^. m / / / / /1/ l /ni, /:.. /.,i r/, / "r Fresrv�: Sutphin, dark <masutph2 @vt.eduy dent: Thursday, C3ctober 01, 2'015 �0:5i A ia; Brenda Garton Cc. Jay Tibbs; Teresa Prig; Marsha Wright 5udaje�t: ELC Updates A #tarhn�ents: By -Laws 2015.docx; FLC Membership Contact List 10- �- 15,docx Brenda, The Frederick County - Extension Leadership Council voted at its business meeting on September 28', 201.5 to amend their bylaws to expand the number of members -at- large. These updated bylaws are attached. With the possibility off up to three more members -at- large, VCE- Frederick would like to recommend the appointment off: Dr. Robert {Bobs I'�eadows 207 IVlackenzie Lane Stephenson, VA 226.'56 54(i.808.33D4 bmeadowvt.edq Additionally, the follow'in� members have terms expiring in early 201.6 (see attached contact listj: 'd�1argaret Douglas —Back Creek District; term expires �- 14 -1.6 Rose McDonald _ Gainesboro District: term expires 1- 26 -1.6 Ray Cross — Qpequon District.: term expires �. -24 -16 Judy Wolfrey —Member -at- Large:. term expires 4 -24 -16 I have spoken with each and all are willing to be reappointed. VCE- Frederick staff are happy to have these individuals remain on the ELC and I recammend their reappointment. TFranksl Mark Sutphan Associate Extension Agent �� Agriculture arrd natural Resource�p Harticu�ture I IJnrt Coordinator (Freder�ck� Serving the counties of Frede>ac,'�, Clause, Page, Shenandoah, � Warren "�irginia Cooperative Extension - l= rederick County C�ffffice (10i Norih Kent Streek � Winchester, VA 22601 Phone _ �40.865.569� � l=ax _ 54C?. �'22.888C? N CeIN - 540.38, 8948 � l =mail - marl�.sutchint�'7r.vt.edu http :IlotFlces.ext.vtedu /frederickl � htt :livacoo ext.bla s ot.com/ — htt s:liwww.ffacebook.com/ a esNCE- P�orthern- Shenandoah -Nails -A riculture -and- Natural- Resources /1830,32.085102951 iii � �' a y ��i �' /,yid/ a, ✓�i , � Extens�an is a joint program of Virginwa Tech, Virgania State University, the �J,5. �epattment o4 Agriculture, and state and local gavernnrents, 1� °�. M 1`, ;. �, it �� �� a, ,11 [. The .name of this arganhzathan shall be the Frederick 'aunty Extenshan. Leadership �aunchl, The terra "1���" used herehnafter shall be de�'inet to mean the Frederick +Cnunty Extcnsian Leadership Cauncil. ,, � Ta develap ant implement a pragrara� plan that will direct Extcnsian's resauarces taward the resalution and. identified issues and cancerns. .� ,, ,. �� ��. The fallowing are functians of flee ELF: 1) identify cammunity prablerrrs, issues, and canccrns which Extensian can and should address, and.. prharitize according to need and available resources. 2) Review and provide feedback on current programs and activities of Extension, 3) Assist Extension to identify resources, facilities, and funds needed to conduct pragrarns, 4) .Assist Extenshon identify other community organizations /agencies that are addressing same of the setae needs and leak for opporiunities far cooperation and collaboration to avohd duplication of efforts. 5) Be an advocate for Extension in the comrnunhty by camn�unicating with local and state offrchals, governing bathes, and citizen clientele. �� 1 , � , �,�. . � �,, ectinrr �. — �electiorr The Fredenc�l� bounty hoard of upervisars shall appoint the ELC members, one from each. rrragisterhal district. Three to six ad.dhtional merrnbcrsWat -large .may e appointed by Virginia. Cooperative 1✓xtension, the Fredenc�k bounty CJni:t. eciio� 2, � �arnpoitiar� ��" tie �,�' 1'�ernbersip hs carrzpased of nine to twelve members, one chthzen rrrember from each. maghsterial district appohnted by the Beard of Supervisors and three to six. members -at -large rocammended by the Virginia Cooperative Extension Servhce. The members -at -Large shall. represent. the three programming areas of 4 -�, Family and Consumer Sciences, anti Agriculture. �ee�ia�rx �a -- "I"er off office �'or l�errrbers� Each member shall be appointed fdr a four year term.. ecti+�r� 4. � 'Termi�atiot� of I�e�abe�-ship The Board of Supervisors has the authority to terminate a member's appairrtment. Se+�tt�� 5» — �a�carec;� Any °vacancy are the �L�C shall. be filled for the unexpired terra following the guidelines of this article. '+�ctlun �. — �f�eers The ofirccrs o the ELF shall be a chairrnarjlnrn�n and a vice chairrnar�'woman. "1'Ize officers shall lae elected aru�ually at the last meeting of the calendar year and sha11 serve for ane year. �lig�ble officers nay be elected. fur one additional term. The term of ace begins in January of each year. clerical' support will he provided by the extension staff, �'�1CLE �V. _ 1'�T���li:i'��� ecti�� �. — �#.eg���� 1WIe�eiings The �L shall meet on a regular basis, no less than quarterly, laeginning in January of each year. eCtaae� . — ecsi�ns All decisions of the Ef,C shall be made by consensus, provided a quorum is in attendance.. ecteor� 3. � �9�ora�rn .� majority of the ELC shall constitute a quoruz-n. The act of tike majority of the members present at a, meeting at which a quorum is present shall be the act of the l�l:��. r f +Committees shall be established.. by the l�L� chairman, as needed.. The bylaws can be changed at any rrYeeting by atwo- thirds :majority vote, providing a. qu�zurn is present, with two -week notic",e having been given to the rryembership. revision or amendment shall take effect upon adjournment of the meeting at which it was adopted. The bylaws shall be reviewed by a special comrr�ittee at least every four years,. tat�ding Rules of the 1~JLC can be changed. t any meeting by a rnapority vote, with or without prior notice, to take effect at the close of the meeting.. Revised �C�1SM�9 Y�rQ���ar�d�� �bE�s���ri �,'�t�i�i �.��a�i�tct�r�s :��r�dr�r fr�4.:�rir�d W;:�G;7 lvls, Brenda G. Garton County Administrator County of l�redericl� 107 North lent Street �w'inchester, "v'A 226001 ]gear Nls. Garton: ��C�9 �l��:s� Cri��:� 6 �c��e ;�uE?e; 3()G ��.�;,w:�. su��s�s�..� � zc�� �" �`'' '� �i�� '�� r myM��r ��^ �� 2µ 4� 5� 40 i h��9 ��� �f t �` "� September 21, 2015 �a � ��s ����,�� �� �;,� �,u �� `' ���� e� n �"m�. �� �w '" � � ���� ��� 1 aim writing to notify you that e�l'ective December 31, 201, 5, lu1r. Ryan Clouse will resign his seat on our board of Directors. VVe would aslc that, if possible, your locality appoint a new representative as soon as possible. Also, please note Section 3i.2- 501(A) of the Code of Virginia that discusses broad citizen representation on Cornrnunity Services Boards, i.e., consumers, farriily rnernbers, etc. if 1 can be of assistance to you in identifying a new representative to our Board, please call.. 1 am available to meet with a prospective member to provide detailed information as to the role, responsibilities, etc. of Board fiT��tiernbership. Tlaaxal� you.. MG /vls ccw Ms. Joan Richardson, Board Chair :��rkriv�uc� WB�'pnrG �sla�m,� �nc� �'a��gr�ti�a,, ���;�n�k��, 1���s.el�r'�c�;, I���¢,, S1�3ra���nc����h �r�.� V1��r��rr RyanAUouae ��1Reherc�Dr ��.8nend�G�r�� Counl���rnin��r to�Fred�dokCmunty �U7�o/�hK�nt�¢ VVinches�e�V��2��� |�mwdthl�����you�movw|amresi�nim�myoos��m�smmeofFred�r�k�mun�/s*e�me�entathesto th�NwrthvxxsternCnmnmun�y��n/ices�o�n1. |"we�eeme�ortofth|��o�r�sim�*2�1O./�abe�man �ye-np�nin�exper|�noemf�heopportmmi#eu�nd�haUmn�e�th|sor��nizadmnhaoesta�en/ei�o catchmen1�nea. ��ycmmm�tmmentsvx�brnyenmp[oy�r�ndfanmOyhaves.�ftedintheV�s�s�vena| nnomths. |fe�|t���itinin1h�b��t|nteme�ts�o0VVC�B,�r��e�ick�ounty,andrnys�if�m��ep�"vvnfrnrn �Mia�oard. Uarom�|Nno�ocoothDu�serv�eomtheboardmnt|Xarephacemen��n�m��mvnm��ertha��ecenn��r 32,2D1S. ���Joan�Qch�rdsom,�\WCSB8m�rd[h�ir a��r?� ��a����ru �hi�5 �.���r�tl'r�n� C��1ic:c,r Irtt�r C >�:C) September 21, 2015 lVls. Brenda �, laartorl County Administrator County of i= 'redrick 10i North Kent Street '4�Jinchester, VA 226001 Dear �s. Garton: � ")f'4rbf���Y���'d� "�0��'k"�'�i ill 4 I�f`� �Q� �P�es� C;reser I'dc�G,� �rF,'lr� 3;J C} �: rc�rnt F�ray�V„ �1� ��Fi347 (�4t7) P7�� -�15�7 V=ex {���� e�� -����� �.r�.�a. ��aca..���- � °���?��'� r° ��°~�' �e ' " a �� � � � . � �' +, "� ° "� � �,� � �- �� �� � :� =::ate" �,W � The purpose of this letter is to inf�arm� you that 11�r. Torn Brubaker's time on our Board of directors expires on ®ecember 31, 2015. As you well know, the Board of �upervmsors appoints the members of our hoard from the six jurisdictions we provide services to. l= rederick Counteatnd hhat �"lr. Brubaker be reappointed for another term due to his representation of � g y s extreme professional capacity, �'Ir. Brubaker regularly attends meetings and is an integral part of the decision making process of the board. Should you have array questions or concerns regarding this letter, please contact me at 540 - 6�6 -4250 ext. 2240,. Sincerely, fl�ark Gleason Chief Operations Officer interim Chief �xecuti�ve Officer I'�GJvs cc: GIs. Joan Richardson, Board Chair ,�c�r��R�;'J� °fncPr� �7t�r ar��� f,<aui °itic;r cat tafar4<�, Gmr:�r��ri�;'�t, �'��g�:, ��xc.�r�r��ir��l; �r�c� lF1'�G'r� *ra 7f �i v .. r,u, ie „�., .� ur a u,.,. :.%uia+ii, r, iini ..., ✓v ror s,;.�.s iiii a >a��ii .U,�., ..a: ,�.v�r,,;. �s�.�mr i�;.�u ierrio ziar�.i �r..w� r�um✓r mi ✓ia„ i'ia .c, ;ioaos Frcam: Sutphin, Mark <rraasutph2Cvt.edu> �errt: Thursday, Qctaber 01, 20�.5� 10:57 AM 'e°o: Brenda Garton Cc. lay Tibbs; Teresa Price; Marsha V1(ric�ht 5ubjeri: ELC Updates 1�����cbrraen�tsw By -Laws 2'01.5.dacx; ELC Membership Contact List :tC?- 1- 1.5.dacx Brenda, The Frederick County - Extension Leadership Council voted at its business meeting on September 28, 2015 tp amend their bylaws to expand the number of members -at- large. These updated bylaws are attached. With the passibility of up to three mare members -at- large, VCE- Frederick would like to recommend the appointment of; Dr. Robert (Babb Meadows 207 Mackenzie Lane Stephenson, VA 226"56 S�10.808.6304 �rneadows @vt.edu ,additionally, the following rruembers have terrr�s expiring in early 2016 see attached contact list): Margaret Douglas —Bank Creek District; term expires 3. -14.16 Rase McDonald — Gainesbora District: term expires 1.- 26 -�.6 Ray Crass — Cpequon District: terra expires 1- 24 -�.fi Judy Wotfrey �- Member -at- Large: term expires 4 -24 -16 I' have spoken with each and all are witting to be reappointed. VCE- Frederick stafF are happy to Dave these individuals remain on the ELC and I recommend' their reappointment. Thanks! Dark 5artphirm l�ssociate �I= xtelnsian 14gerat J J�gricuitt��re �rrd fVatur�i Resources, i tctiriic�it�re � Unit �c�e�rdinator �Fr�deric�k) Sensing the corantfes of Frederick, Clarke, F'a�e, 5heraandoah, & INarran Virginia Goaperative extension _Frederick County C >tiice � 1C�7 IVarkh kCerrot street � Winchester,. V,� 2261 Fhar7e - 54Q'.665, 5699 � l=ax .. 54f�.722.538D � Cell - S�Q..�98.8�48 � Fina'it - mark.sut hin vt.edu httr� liaffices.ext.vt.eduffrederack/ � http:llvacao�ext.bla�Laa>.cdml htt s: /lwww.facebook.carol a esNCE- �Jorthern- ahenand�aah -Valle -A� riculture- and- Natural- Resaurces/183982085102951 CONSENT AGENDA �'a°esodt:nt Penelope A, Gross Fairfax Ca�inty �r��4i��ni °��C$ C3avid W. Hua'tchins CarroiN County Fare �o� �rrMsi�d�n# Jrtdy S. fytt &e Surry County r��can�d V�� �"'rs'V�rbt d�Jlary 4V. �ig�s �rtontgomery County � ret:� ryr -�'r� a s u r�r Cionakd L. Riart, Jr. Acccmatk County 9rfl't►n,e¢�t�te �a�f R�resi�t�r�k Harrison R.. �w9oody Dtnwreddie County �xeceaf'ive Q�rtrckar James ©. CarrrvpbelG, CAS ta�n�r�l' Gew&xns�t PhylOisA. Errico, Esq,., CAS �''�i"t� �.� �t�ln �.a sufite �Q ict�rnoiie9, �'�. 32�19�3��7 ,w � � � ,, «1� i - rrre�it; rn��Nv�cca.e�rg ti�et� sits; .�a��s.r�r C�dCi6"N�tll!"tC� �t _8t"it�I"'�4'�V�.'rM1P"rit�rlt5 �6i'1G� � �� wirgeni�ssaaeiatiacrotGauewte "es � �� ��� t� TG1: Chairs, County Board. of Supervisors �, �� � ��� �� County Chief Administrative C)Ffcers � �' ,r� �t �,�,t s" �� � FRC7': James D. Catnlabell, F�ecutive Director ` � � �����` � tx �� � ����. n ��� R.": "�/oting Credentials for t➢te Manual Business Meetitag L1.9 TE: September S, 2015 The 2015 Annual Business Meeting of the �irgittia Association of Counties wi ➢1 be held ott 'Tuesday, Isiovember 10, frot�� 11:00 a.m. at The Homestead in Bath County. Article VI oftlte VACo Bylaws states that eac ➢� county shall desigtaate a representative of its board of supervisors to cast its votes) at the Annual Business Meeting. However, ifa tuember of the board of supervisors cannot be present far tlyis meeting, the Association's By�.,aws allow a county to elesignate anon- elected official front. your county or a member of a board of sLtpervisors frot�a snot ➢aer county to cast a proxy vote {s) for your° county. Far your county to be certified to vote at the Annual Business Meeting, (1) your annual dues ertust be paid in (tall and (2) either a completed `t+'oting Credentials Forrrt or a proxy Statement must be submitted to VACo by 1�lovezxiber 1, 2015. Alternatively, thus information. tray be subtrtitted to tlxe Credentials Corrttnittee at its meeting on Monday, l�favember 9, at 1;10 papa. in the Monroe Roorn or to the conference registration. desk. before this meeting. lw1t�7MlI*�I.ATl1`�11G CCJMITTEE The �Jominating Corrttnittee i[➢ rneet at 5:00' p.m. in the i ➢son Room on Monday, lwlovea�tber 9th during "VACo "s Annual Conference at the Honacstead. The comanittee is charged to nominate a candidate for President- Fleet, First �v'ice president, Second �v''ice President, and Secretary- Treasurer to be elected at the Annual :Business Meeting. please send your expressions of interest and Nominations to the Committee or to VACo's Executive Director. RFCIC;�I�iAL DIRIC`T�RS pursuant to'i�'ACo's By- Laws, "regional directors s ➢tall be selected at the Anrrttal Meeting by the ttrember co�inties located within the region which the director will represent." . Regional. caucuses will be scheduled during the Aaanual Meeting to select drectors..lncurrtbent regional directors should chair the caucuses. Reports shottl'd be given to �ACo's Executive Director by 6:00 p.m. on MoNilay, Z'�ovetnber 9t1�. The attached list shows the regional directors that must be selected. Attachments cc: VACa [hoard ci'Directars l'�ortlinaCions CotJ�.mittee T�e���D'�^^.....,,.,,,.`.._.^.�� ��. �� (ln���/� �.^_,,.^._.`...__._.~ �. r�J �,~..,._^,^~..,..._. /\. �� (-�n Y����ODz1.^,.._...,.._.~._.._. l� ^l� �,,',..,,....,...'..../�o� T._ ��«� �..'.,,~^'..,',,,,.~.,�. ' [�m��I�/�lmr�n ~ 7,.,-^..........'.....�t���D��. ' �� �'°��OD� �J T���8n� (` ^~-�r ~-'''^^`~'^^'''^'^^'''~~~``� ^'' ^~�^----\^`~^^"^ ~~°�^ `�/ �.~^,.....~......,,...Tn�nT�. Y�7��`n, /, . �~..^.-.......,..~,... �. �~.~,,,,.,._,.,,,,,,,'TefF�p�(~^ (� T��"1����....,.,,.,^,..~^^...^ ' l�. �� 1A,,.,.,,.^~,^,_,._',��urn\�', (0..._._.,.,_~..~^., ��, 1�.^,..,,...__.^,_,_T.8J��Q ��mmh��/Y��(~ Cap 205 A�nu�� 1Vieetin� Voti�ag +C�ecientials �`or�n Fo�r�a nosy b� rctu�-�ed Icy rreail o� fay (�04- 7$8 -OClB} Voting Delegate; (Supervisor 1�ia�ne Title Locality Alternate Delegate: (Supervisor) dame Title Locality Certified by: (Clerk of the Board) Name 'f'itle Locality Vo 2P11S �4nn�a1 l'�eeting P°r��y St�tcm�at County authorizes the following person. to cast its vote at the (} l � Annual l+�'Ieetng of the Virginia Association of Counties on l'�ovember l {�, �Cl l S. anon.- effected offieial of this county. -4��.- a suiaervsor from County. This authorization is;. �[Jninstructed. The pro�:y nay use his/her discretion to cast. County's votes on any issue to corns before the annual meeting. Instructed. The proxy is limited. in how he/she may cast County °s votes. The issues on which he/she may cast these votes and hew he /s1�e should vote ire: (List issues anal. instructions on the back ofthis form) Certified by: Flame Title Locality '��: �"rederi�� �aua��y Berard of Supervisors C+C: Brenda G. Garton, �ou�ty Adr�aiuistrator Fib ®1"v�: �oderc�s �. Williams, County Att�rrney DATE:. Clctober � 6, 2tJ 15 l�lE: �Gominissioner oflZevenue l�e�und l�.equests �.ad��rc� �. �✓�1�i�s �aux�ty Attar�e� S4�C72� -8383 Fay 40I�G7 -037Q � -n� ail rwillia��c�a.us Attached, for the Board's review, are requests to authorize the Treasurer to credit the following e�atiti es: l . Daimler Trust -- �8,6i8.6 �. Aqua Lake Holiday l�tilities liar. — �2,75�.46 3. 1'roBuild Coaaapany %�.� — $13,x;82.3 S ]Lawrence Fabricatio�as, lne, -- ��,532.96 5. V4'ashington Gas — 89�b9G.59 Attaclanaents 1Q�' 1'�orth Kent Street � Winchester, Virginia 226�J1. N " �, �'+�: Alen E.,1�✓lurpl�y, �"omrriissioner of the l�.e�,reniie f�ederick County Board of �upei-visors CC: Brenda �. +Garton, Ciaunty Administrator F�+C►l'dl; �odericl� �. Williams, County Attorney i�AT�: September 11, 2015 fi,�: �.efund — Daimler T'riast +�U1rTTY (fib' FRE1�Ei�l l.aderick :�. ��l.�aa�s County Attorney 540/722 -��$3 Fax 540/ta67 -0370 E -mail i�villiafcva.ias I ai�a in receipt of the Con�in-iissoner's rergi�est, dated Septeirber �, 2015, to authorize the Treasurer to refaand Ltiaimler Trust in the amo�int of $8,678.55, far prorated personal properky taxes in 2014, and 2015 and. license fee for 201.4. This refund. resulted from. normal proration of vehicular taxes not, previously requested by this financing compa��iy. The Commissioner verified. that docurrientation and details for this refund meet all. requreirient. l��.irsuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia X1950, as ainended�, l hereby note my consent to the proposed. action. The Doard of supervisors will also need to act. on the request for approval of a supplemental appropriation, as indicated in the Cotiamissioner's zxiein ,�' �� odericl� B. '6Villains Ciaunty Attoriaey Attachment 107 %*Io7•ih �.ent trcet � Winchester, Virginia. 22601 cpteml�er $, �{�� � TC): I�od illiarr�s, County Attorney Cheryl hif�ler, l�lnance Llirector Predericl� County Board. of Supervisors Ja.y Tibbs, Secretary to the Board Brenda �Gartor�, County Adrr�inistrator l~:l�':�IV1: Bllen E. 1"✓�urphy, Corn�nissioner of the P.l�: Bxoneratior� T�airnler Trust °9� r� �,.,.. i �� 14 lii� i� I f if ��jj ��ua � � �i /� Yia, y��� Nry iF �i /e Please approve a refund of ��,6"�$.65 for personal property prorated tares in C�l� ar�d 2115 and one 21� 11icense fee for 1-7airnler Trust, This refund reflects normal proration of vehicular° taxes not previously requested by this financing company, The Commissioner's staff person has verified all required data and, tl7e paperr+�vork is in tl�e care ofthe Conanaissioner of the Revenue. Please also approve �. supplemental appropriation for the 1-�inanee Director on this request. Exoneration is 8,67.65. Date: 9 /�J�r'�5 Casa. Register= CC�USTY i�F �'REI�ERICi �"irri�: �� =2�.3� Ta�tal Paid �,���.�� F3 =F� i t F1�= 8hc��r I�a�# F 15 =���w Ba l ace F18 =liar t -F� t er ed F`21= Cme��, �. n� ��`�5 ��r� ��U� -I Total Trar�sac� inns � SSA Cust timer dame � D!� I1'�ER i`RUT' C7..�stc��er Transact i ass C?pt i cans : 2 =Ed i t 4 =I�e 1 et e _, i �:w Copt ��t�t "�"rans Ticket Nta. -- �`ax Ar�rcar�n�____ ...- P'e�aIt- �Int------- Amc�un�t P�i�1 Pp2!�i4 � �Cl l'����7t��1 $2 , 984.41- �8 � . �- $3 �C� �;�- PP2�l 14 � �91�7�9(�f3�� � , 984 . �4�0- $517.29- , . 3 , 5�r 1. ��- PP2a15 3 fl91.29179�►15 �,� , ��� . ��- x.21.48- 1,148.4�2- PP2a1,5 � C}�112917�938 X38. 11- � . �� ���� . �. �.- _ VG2f�1�4 � C�017�949�J91 � . �c�— . c��— �� . �c�— Ta�tal Paid �,���.�� F3 =F� i t F1�= 8hc��r I�a�# F 15 =���w Ba l ace F18 =liar t -F� t er ed F`21= Cme��, �. n� ��`�5 ��r� ��U� -I }� � i�� - Tai: �ilen �.1'�+iurphy, �ainrnissianer of "tie �aver�u� F'recle��ick Ca�inty 13aar+�: of S�pervisars C�;. Brenda �. ar-tan, �at�nty �dr�inistratar FCi1�r1; 1�aderic �, Williams, Caunty Attai-ney 1� r�.7'�. �Cta�7 er � �, � 1 I�.E: 1�ef�nd — �q�a L��e I�aliday �Jtilities Inc. �`4�U�TTY O� ���1�1�1t1' �e�+�erick ,'�'4'll�� ens C'aazr�ty Attarney 5401722 -83$3 Fax 5401667 -0370 E -�m�il �r�lli��7a,fcva.us 1 am in receipt of the Carnmissaner's a °e���st, d�.tad ae�tenzi�er 14, 201 �, to autha�-ize tie Tt-easurer to refund Aqua Lake Haliday �tila.ties Ir�c, far iV1ap #18 A 20 and #18 � 27:.17 in the amaunt of $2,759.46, far utility taxes far 2012, 201.3, 201.4 anti 2.01.5, Thl.s refund resulted fiarn duplicatian aftaxatian by the State �arparatian �'arnrtt�dssian an water facilities and. the carnmissianer's assessn�e�at a1`real estate taxes, This duplication was diseavered by the State arYd reported to the Coxrr�nissioner. "l�hc �ammissiar�er v�:ri�ed that. documentation and details far this refund meet all requirements. Pursuant to the previsions of Sectiarr 58.1- 3981�A� ofthe Cade of Virginia X1950, as amended),1 hereby Hate my consent to the proposed action. The Board of Supervisors will else need to act an the request for approval ofa supplemental approp�-iatien, as indicated iri tlxc �am�a�issiancr's merrrordu:m.. ,�� � - ; o�l�ri� �. Williams bounty Attorney .rttachrrrxer�t 1.0'71�ia��h l�er�t Street �iincl�ester, Virginia 22601 Septeanber 14, 2(115 �''�: I�od �Tilliaans, Coudt Attorney Cheryl. Shlffler, p'nadce Director Frederick Coudty Board of Supervisors Jay Tibbs, Secretary to tlae Board Brenda �Gartod, Coudty Adrdinistratcar �IZ�iIVI: Ellen �. I,✓Iurphy, Coadanissioder ofthe �evedue l�E: Ea�oneratiod Aqua Lake Holiday l.Iti.lities liac dj nl: -,n � � � 2 P � � f �/� '��� 1 it G I ;,. �� 1 ��o � ,,, �� ,�, �. Please approve a refund of 2,i59.4� to Aqua Lake l~Ioliday L�tiIites Inc. for I'�'Iap l8 A 2(lA anal l 8 A 27Ia fear 21112, 2fll:�, 2tJ1� aaad 21715. Thais refddd reflects dupifcatiod of taxation by tlae Mate Coaporation. Cordmissioder (SCC� udder Public Service Corrapanies a�aa vaster facilities noranal assessnlea�t of real estate taxes. The drapIication vans just discovered Iay the state adcl. reported. to us for exoderatiod as a duplicate assessmedt. Tlae Codardssioner's staff persad lass verifae�l aII required. data and tlae papervrork is in the care of the Codaanissioner ofthe I�evedue. �odt�a.ct dforadatod for tlae SCC staff on this euoderatiod is also available id the Coaraaxaissioner's office if deeded. P'Iease also approve a supplerraedtal appropriatiod for the Fdadce Uircctor od this request. Exoneration totals �2,75.46� rw Cu 0 "�° 9i a r-+ 11 II II ... II II � II 7011 � �� II BI )C�II i �tl if � rn 81' x � IN � II �� II fl � � II �a�ll ��II D o II + II ua ,PI it C) IG U H U � 41 u7 � .� q b' H � I �i o 'I � (?� U �� II �I I �I �� I M� I � �� I � �� I C.7 `•. I � .. � � I r� r � I � � I qJ C � I .� ��� u1 I �t� CJ I fl? .� N C-1 II �r .� W cv u] i of •�1 I �I of I I I� I I I I I I Y I '� r�o�r�tr�oo�',r,00 �� r,vcr�r��er�rc��I��.r o� r`trrm��rnrro��m� r��arvc- �--- tvcvrrnl�.l � tl} V? tY'7 � crr ttl- f'"1 iwi ilS� Ur �' r✓� trr � � ur a � c3�c�e�cr�000c�r�o �, � oc�cy�ooc�e3o ©o H � c� ur u'r u� vk ur <rr tt} � cf'r °� �i �U P,u I I!! I g I l i l l f r.a rYa�ar+�r7��c*7�rc3c � �a �r �r° Cv N er �r N cv '� b^ ;� C3 1 � tai r"a � r � ter n'7 r1 c+7 r�i r'� ut u'r � r� u� uk r] � u1- u>- ua � � crr � E-� f`J Cel c--E N rd C*eJ r-V CSI r^d N o' �C7C7C3C�+oot�Cioo �', C1 C3 ®QOOOC?oOGJ C�C7C�o�.7C7oCiC�{�o � �n�r��r,Ln��o�,�� ¢U c�ma�t�ca0000�c� ,�' rnc�mooca000�o �,�' oc��ac�000c?occa !�aC?oC7C7o:SOC:3oC7c� J •c�c��0000c�c>c:� if9��^.1i'r3cTU)Lf7['�a7C51or�N � ��� �a C-� �a�NCVa7'aw�a������� � ���w���t�w��� p,,�,ncnooc�c-scyc�c5c�c� tU�'vra�acvC*JnarJ�E`JNN� L�WC�W6x7WGz3[c�G3WWWW p�p��RW��C'r�A�R�p�� W'i w r- �i .� Q} .�: C) .. ar ru�lp' ��pl roll I •� VI a� II 1 U II f � i I I � II 1 �' II 1�aII { C-� DI a � II 111 � �,! II s o II i II � II � II {� II II II II UI �I HI cr, I �I r� I �I �I Ea I I I �I �I H � a �? �I �� 4J r �� ., �� u1 u� ��5 C) 3 �7 .,� �?? q]} 9� G� II �r .� W ', r�1 II. N� I � Y � I °� I ~� I o� I 1 'LS ' � �� � � Er N �a r� +� � �' 0 � n � m w-i crr rq ill pa � � � N �r�a �'i C�1 try ?� H • r^I r'1 0 4� C� '� C7 Q � � � r- �- U t� •�i � � E+ o G� c") �' ��r� r� �a +� rl +-a � � i fU N I � � l I f CC:S '.� r ur I 0 E-I 0 � � � � � � I� °�`` � � Cs � ^� � � � Lea p .. ar ru�lp' ��pl roll I •� VI a� II 1 U II f � i I I � II 1 �' II 1�aII { C-� DI a � II 111 � �,! II s o II i II � II � II {� II II II II UI �I HI cr, I �I r� I �I �I Ea I I I �I �I H � a �? �I �� 4J r �� ., �� u1 u� ��5 C) 3 �7 .,� �?? q]} 9� G� II �r .� W ', r�1 II. N� I � Y � I °� I ~� I o� I 1 'LS ' � �� � � Er N �a r� +� � �' 0 � n � m w-i crr rq ill pa � � � N �r�a �'i C�1 try ?� H • r^I r'1 0 4� C� '� C7 Q � � � r- �- U t� •�i � � E+ o G� c") �' ��r� r� �a +� rl +-a � � i fU N I � � l I f CC:S '.� r ur I 0 E-I 0 I � " 1- '�'�: Allen E. 1'Vlurphy, Cprn�x�issianer aftl�e Revenue �rederielc� C.c��ir�ty Beard of u�ervisars CC: Brenda . �rartan, `aunty �drninist�-atar �1�.�►�l: Radcric� �. llarn�s, Caunty r�.ttarney D�.TE: �ctaber 1, {�l5 l�.l; refund — PraBa�ild �a�n�an.y LLB c��T� �� l "l�,.i�l�ERl�K ��d�r��� �. w�aw�.�� Caaanty Atkarney s��a���� -��� �� s��r���_o��a -snail rv�rillaq�fava,us I am in receipt afthe �arr�z�issiancr's request, dated Septeanber 2$, ��l , to authorize the Treasurer to refund �ra�uiEd Carnpany f,�C in the arna�unt of � 13,�8�.35, for business license taxes in �tl l5. This refund resulted fra�n flee taxpayer's business being changed to another entity.. l�e�� avanersl�:ip leas already been filed anal the financial irn�act is less than. $3a+�.Ofi, Tl�e ornrnissianer verified that docun�entatiar� and details fir this refund meet. all �•equire�ncnts. Pursuant to the provisions afSection X8,1- �9�1(A) afthe �"acle of Virginia (1'�S�Q, as a,mer�ded�,1 hereby Hate ��y consent tca the proposed action. The l�aard of uervisars will. else need to act an the request far approval of a supplemental appropriation, as indicated in the �omrnissianer's me rn. crderick 8. V+Iilliaxns Connty P�ttcarney Attachment 1 Q'71�Corth l�ci�t ''treet � v'inchester, Varginia 22�fl1 September 2,�, 2015 T"t�: Red. iiliams, Caa�nty Att�rr�ey Cheryl Shiffler, Finance I�irecic�r Frederick C�atu�aty 13�r�ard af'Saxpervisc�rs J'ay Til�l�s, Secretary t+� �e Br�ard Brenda C�art�an, County Adn��nistrataar FR4�IV1: Eiien J�. 1�In�rphy, Conamissianer cif °t��e Rc��renue R�: Exoneration 2 Licenses — F'rc�i�uild. Can�pany,1�1�C �i, / /+�" �� � �. r r� tii����r j ire, ����� �ar/ ,�� �/ �f� '' � � i�� � �j /�`'�iali� r��d)�6 x���rr���HU� P'iease approve tt�vvo refunds totaling 13,22.35 i"er lausiness license tars for 2015 ftar 1'rol�uild Company, Inc. Taxpayer's busi:r�esses .are being changed to another entity. Refiar�ads are due louder this operating name. view o�vnerslaip has already filed. 1+Jet fiscal impact is less than. X300,00. `I"he Commissioner's staffpersan has verified. ail required data and tlae paercoa: i,s in the care.. of the Commissioner of the Revenue. 1'iease also+ approve a supplemental appropriation. for the l�"inance director on this refund. I�xaneration is X13,2$2.35'. p i M �. w � o qn H i rn � a W 0 +�7 :� be' � � p U �G K� � t7 ^. M-P H � PO FJ u ro u w cya, �a mm i � � � i ��,� �e m G�i � � e '+M h a E`A �� 6 Z '� i3 MMf4 �. Y Ch A'1. i Ca N H U n ui aw r m � rn � F+ U K'A + r �� � tri. ,4'F H � N � t ' � � i FFF777 u a u � �" � � uy A a � �, �e N � H � Yl "�.y, M b � cn � ar kJ rn "`^^ H .i � O m � �? Ea rt+ xa p� w � v � c� � x�,Y r r�i ran .� w G � � Iq �+ w d A c^r ra � 6 � i0 43 G ^ ISW+ J.N �' pJ i IY. w"1 � NYY W � [$ I O CS 9N A"4 i! � � � 'O � � � ". � LL � ' I V � � HHH 1 �y �� ' 1. T�: � ➢lcn �. I'�urphy, �Cammissianer ofthe Revex��ae F'rederitk Jaunty Baird of Supervisors CG. Brenda �. �Gartan, �au�xty Adrninistratar F1�.t7Tv1. l�oderick B. Williams, `aunty �.ttarney I�ATL: C�ctalaer flC, 215 l�E refund — Lavarerrce Fa�bricaiians, hoc. � � � R,�derlcl� , ��I��ats Jaunty Attarney 54�1/722_g3$ Fa;� 54� /6'T -ail E -mail �°�williaa'�fcva.us � ana in receipt oaf "t�7� Cer��nassi�a��r's req�a��t, dated �ctc�ber S, 215, t� a�at�crr�ze the '�reasi�rer to refund lsawr�;nce Fabl-icatians, Inc. in the amount of ��,532.96, far prorated personal property ta�ses in ��311 through tl�e first halfaf�Ct15 grad license fees far 20� 1 thrau�h 21115. This refund. resulted frarn duplicate taxation with the fifty of Winchester. 'fihis business is located in Frederick aunty lout vehicles are l�.aused at the residence of the owner in the �C`ity of Winchester. The C'azrzmissioner verified that dacurnentatian and details fcr this refund meet all recl�arenaents. Pursuant to the provisions cif Section 58.1- 981(A) of the Fade of Virini.a (195 ®w as amended), I hereby note xny consent to the proposed action. The Board. of'Superwisars will also need to act on the request far approval of a supplerrrer�tal appropriation, as indicated in the �om�nissiar�er's memo dum. { P adea-icic B. Willi . �'ounty Attorney Attachrrflet,t 1 �i l�Torth l� ent Street � Winchester, ilir�nia 22601. �ctC3ber �, ��� TC): Rod "t�r'illiazns, County Aitorney Cheryl Whiffler, Finance Director Frederick County �oarcl of �upervisar Jay Tibbs, secretary to the I3oaxd FRJ7'��; Eden E. NTurph5 Cc�zxirnissioner of the Ii.evenue RE: ExCar�eration Lawrence Fabrications, fnc> %GJIi /�'� �1 �r F��' �rl!r��F "G�� i , � /�% ��J��;�,� Wj;J�I�� ��,,a�� Please approve a refund of $6,532.�J�i for Lawrence Fabrications, Inc. far person�il property prorated taxes in 2011 to 201. S az�d license fees because of duplicate taxation with the City of Winchester. Business is located in Frederick County but vehicles are housed, at the residence of the a�v��ner. All detail. has been verified by our auditor and. with the Commissioner of the City cif Winchester. The paperwork is in the care of the Ca�znnaissaner of the Revenue. Please also approve a supplemental appropriation for fhe Finance L!irector on this request. Exonerati+�n is 6,5:32.9. T�ate� 9/115 Cash. Regzter: COI�NT"�' �F �"R��RR��� °I'ime� �.i�:��:�� t Tr�tal "I`r�nsactaons� '94�} �,us�amer Ivame� LARRCE �'ABRICA�'ICNS IBC Customer Trans�ct�ons= 2C �Jp t. i o�xs � _�� i t 4= Delete �_"� ear �- I, er:�t �`rr�s '�i c�el Nca . T�a Ar�c��ar�� F"en� l tvl �r��� �.., Amount Pay d PP��!�1 1 D08�5� ®C�7DI $7CiC,1�?- X18.42-- `$24.5�- _ D'P2DI.1 2 0�825IOC�C�� �,C93.95-� ,��2fl. 29- $8�..�. �- PP2pl2 3 �0°�'71.6���Ct�. ���� . �- ��t�8.88- °3"i. �4 �_ F�P2(�12 � 4 fl�7 ?155i��C�2 CC�1.43- �.a4.24�- �705.67- I'P2C�I3 D�712 � (��� l $571... ��- �� . �- $079.04- ������ � 0(��-a�i$470001 � . ��— �� . ��— $001.00— �����.� � 00068470003 �5�7.— ��.��— ���.��_ — PP2015 � 003147400tJ1 ��.�. , �— ��� . ��— ����. ��o- _ PR2015 �� Ot�314740003 �� . ��— �� . ��— .�3�a . �— VL2011 I 1 011.30930001 ��� . �c�— . �o— ��c� . �a�— ���1 �� ��13094000� �� . o�— ��. �c�— ��c�. ��- Iu1t�ple I'ag�es �l''otal Y'aid � $F�,532.90 �' =Exit R 14 =S�.ow dap# F 15 =S�o�a Ba fl aa�ce x"18 =Sort - Entered F21 =CmdL i ne ���5 Ro�� App�o��( ���e: '�/'�/7.5 Cash �'egi,t�r: ��T'Y �� '�E��R1�� .L,�t�: U� :4;� :;�� �'�t1 "I"rarnsactian�: 94th �;u��c��aer ����: LAW��C FAB�ICAT�ONa �� ��st�r�er Trar�sa�ctrr�n�: Q l�ptians= =E�i�: 4 =�1�t� -View �- _dept- �'a��ns - "�i�°k�tTl�� -_ -T`� A�c�un� F"nalt� /Tn� AIlnt�un� 1'�id VL2�1�. 14 4�(��7"�2��DC��1 �;2r. ��- . �}� �a25. C1C�- VI.�C�1 Y� �(��7�P4�t�4C��. ��. ���- . �U ��. aa- Vd.��1� �.� �c������a�� z �,� . �o- � . �a- �o . a�- VL�(J1.5 � a043��5�{�+�i71 � . ��- 5 . C�a- 3� , QiJ- _� VL�a �5 2t �C94�6��CDC�C� 1 X25 . ClU- $ . CSC►- X30 , C�fJ�- �ltipl Pages T"cr�a1 d'�i� : $�,3. �3 =�x�t ��4 =ahew l�ap#� �"�.5 =�h�nw �adarrce �1�3= ert- �rltered F2�= C�dLir�e � ' �, TC7: Alen. E. Mu1Thy, Co�x�missioner ofthe revenue Fredericl� County Board of'Supervisors ��: Brenda. G. isarton, County �drninistrator F1��1'��1: l�oderick B. 'VVillian�s, County Attorney LDA'I'E: C►ctober- � �a, 2�} 15 P1E: eind — Washington Cas �rerick . �'alCias County .�.ttorney 544�/'?22 -$3 �� -mail. rwvllia�.fcva.us I am in receilat of the Cornn�issioncr's request, dated October S, 2[115, to autl�oi�ze the Treasurer to refund Washington Cas in the az�aount of $89,696,55►, for consun�nez° use taxes in 2lil�l anal 2 ®15. The taxtaayer had. database issues that res�a:lted in the payment of consumer use taxes to the wront; localities. This amount reflects the difference in. their reconciliation far Frederi.cl� County. The ConJarraissioner vc�°ied that documentation anal. details for this refund meet all, requremcnts. Pursuant to tl�e provisions of ectior� 58.I- 3981�A� off th:e Code of'G'irinaa (195„ as an�end.ed�, T hereby note zxay consent. to the proposed action. T`ltie Board of Supervisors will also need to act on the request for appraval of a suppler ental appropriation, as indicated in the Co�nrnissioner''s rnem urr�. '"�� '�1Zoc� rick B. Williams County Attorney Attachment l (l'� forth lent street p '1�Tinchester, "�"irginia 22(��11 October S, 2!15 TG: Prod VW ilZiaar�s, �Coty Atto��ri�y Sheryl ',Shifflcr, fananGe f}ircctor l�rederack: County Board of Supervasors ,lay Tabbs, Secretary to the �caard ]3renda Garton, bounty A,drninastrator f"l�cJ1V1: Elle�� E. �✓la�rphy, Cornrr�issioner of the ��; Exoneration — aslvngton Gas �a� � NiSY ii t �' � °' Please approve a refund. totaling X89,696.59 for consurncr use taxes for 211 � and ��15 for V�iasl�ai�gton Gas. Taxpayer had data base problems that resulted an the payu�ent of consumer use taxes to tl�e v�arrong localities. This amount is the net difference an their reconciliation ft�r 1~redericl� County payments. The �om.acxaassaoner's staff person has verified to the best of our ability that addresses used �wvr�e incorrect and therefore payment ianproperly made to us. All required data and the paperor is in the care of the �ornrnassioner of the l�evena,�c. Please also approvo a supplemental appropriation. for the Finance l�arectox° on Chas refund„ Exoneration as $89,696.59. uae: 1C� /U�,Jl� Cash Register: C�UNTi' �F P'NDN�ZTCK Tirrde: X9:93:57 Total T�anact�ans: 56 �°ustome�r Name: WASHI�TG`T�7N GAS Customer T�ansaotions: 15 Gptic�ns: �= Edit, 4= Delete S =View �Jpt De tt Trans Ticket No. _ CUU;3 1 ��G�����" U�3 2 �7�U5578�t��1 C�J�3 � �0(�56890�01 C`lJQ3 9 t7t7�58330ta01 __ CUt�3 5 t�t�Q6147{19f�1 C�T�'77 n�aryry 3 ��7 (�y (rye ,�0y 6 3 � +3} �y0� /0} /("J5 ^2 �ViJJ ! VrJV���GidUVI CS3 � O.f��6637��t�1 CUt73 1�J OQ08t7283t7�Q1 -.. CiJ03 11 1)0082070001 01703 l2 �01�8:3750001 Multiple. Pages Tai Amount Penalty�"T�it 1 . 5- �5, �"�. 93- �. Oil �9,69C�.57- $.�ao $1.9, 19B , ��._ $ . � $�`".[4}, .��5pp1.- �, �(0� X�9}}4[8] Y47F t.1�SJ L�` � �V �9, 359.12 $.'�� $4,767.4- $.�� X3,556.69- $.00 $685.1- �. Qt7 X796.32- $.00 $654 .79- . t?0 Total Paid � X89, 696.59 Date: 10/Q2/15 lash Register: COUNTY 0�' FR�D'RI1r Amount Paid. 16, 89�. 5- $5,29�.93- $9, 69th. 57- $19,198.91 -� Y� f t198. GV""" 9, 359.12�- 4, 767. 4t7- �3r566,69 685.10 - $796.32- 659.. ?9- 'Time �09.43� 57 C�stc:i�er� -Name: G�ASHIN�TON GAS Total Transactions: 5 8 Customer Transactions: 15 options; 2 =edit 4= 9�ele�.e S =View C7pt Dept 'Trans __.- .....� Ticket Nca._ -Tax A:�c�nt � p 8558 1 �- Penalty�'lnt�_ = = == Amount. Paid CU1�3 _ _ CU03 14 4094 .28- 00087580001 X175.77- . � 409. 8- �.p0 �$1i5.77- CU03 15 00089220001 X227.15- .�� 227.15- Multiple Pages Total Paid $89, 69�;. 59 • -�, � = _ _ .: ,. Ileu2s c3�+*5 APProvo-� N' • # �' Attached please find a resolution for the Board's considexation rejecting the unsolicited.. proposal under the Public - Private Education Facilities and Infrastructure Act of 2fl�02 from. Frederick County Center, I:,LC to construct a l5Ci,QOfl square foot county office buildixag. By way of bacl�ground, the County has received correspondence from Frederick County Center, LLC, seeking a refund of their $5(i,00Q fee paid at the trine their unsolicited proposal was submitted to Frederick County. This request was sent to the Finance Committee for a recommendation. However, pursuant to the County's PPE.A guidelines, there are two mechanisms under which a refund can be considered: (1� the applicant advises the Board that they wish to wthdra�,v their request; or (�) the Board of Supervisors rejects the PPEA Proposal. liven the absence of a forrnal request from Fredericl� County Center, LLC to withdraw their proposal, staff has prepared the attached resolution to reject the PPEA proposal, which will allow the. Board to return the unspent portion of the applicant's review fee. Staff is seeking Board action on the proposed resolution, Should yoaz have any questions, please do not hesitate to contact �x�.e, B�GG /jet Artachrr�ents lei I"�orth l�ertt Street � Winchester, Virginia, 226Q1 Brenda a�tan County Adre�i�istrator 5��1�f665 -382 �"�.� 4(1/66i�4370 E- snail: bgarton @fcva.us N' • # �' Attached please find a resolution for the Board's considexation rejecting the unsolicited.. proposal under the Public - Private Education Facilities and Infrastructure Act of 2fl�02 from. Frederick County Center, I:,LC to construct a l5Ci,QOfl square foot county office buildixag. By way of bacl�ground, the County has received correspondence from Frederick County Center, LLC, seeking a refund of their $5(i,00Q fee paid at the trine their unsolicited proposal was submitted to Frederick County. This request was sent to the Finance Committee for a recommendation. However, pursuant to the County's PPE.A guidelines, there are two mechanisms under which a refund can be considered: (1� the applicant advises the Board that they wish to wthdra�,v their request; or (�) the Board of Supervisors rejects the PPEA Proposal. liven the absence of a forrnal request from Fredericl� County Center, LLC to withdraw their proposal, staff has prepared the attached resolution to reject the PPEA proposal, which will allow the. Board to return the unspent portion of the applicant's review fee. Staff is seeking Board action on the proposed resolution, Should yoaz have any questions, please do not hesitate to contact �x�.e, B�GG /jet Artachrr�ents lei I"�orth l�ertt Street � Winchester, Virginia, 226Q1 eweu K P'�� � L Y .� i YAS �y 4 �+` ��, a +� +� � �, � °`�� % � '' /l'U Pt�f� f °�! r/j `p � Syr r � � � ' y r iJ f 1 � ' i � �� l�' / ; "W«r° ��z ' ��,� �, ��ir /'�l� '� �;��� f l �r � ri � % r�0 /„ /dill �� 1 " � % � � �� , �� Lai � ,� l,: a � , � , �;,�/ � � �o � �' /, � f/ ,, �l % r,,,!� G�� � ��,, n /��; `�",�' RES�LiJTTCDN Rejecting Uii�+�licitecl P'rupcisal Under the Public - Private Educatica�a Facilrties arid. Tnfrastruciure Act ,�f 2UO2 frQiii Frederick Cc�iixity Center, I.T.,C to Catastruct a 1S{I,000 Square Ft�ot �Caunty �?ffice Building, °WHEREAS, the County received. aza unsolicited proposal. under the Public - Private Education Facilities and infrastructure Act of 2002 ( "PPEA "), V'A Cade �5�- 575.1, eta,, from Frederick County Center, LLC to provide financing for, land for, and design and. ccanstruction of a new County office building, and purchase of the existing County office building at 107 I�lortl7 Tent Street, "�inchester, VirgJxaia; and WHEREAS, at the 1'tpri124, 2013 rrieeting of the. $oard of Supervisors of the County of Frederick, �v'irgirzia, the Board accepted for consideration by the County, the. PPF.A proposal from Frederick County Center, LLC; and WHEREAS, the Board. authori�:ed the County .Adrninistratcir to cause an apprapria�e 1"�Totice to be issued and. published, as required by the PPI A and the County's PPE,A procedures, and to cause an appropriate receipt cif Unsolicited PPEA Proposal and Solicitation of Coinpetizlg Proposals to be issued; and 'WHEREAS, the June 25, 2013 deadline for receiving Cozxzlaetng Proposals passed and no Ccarrapeting Proposals were received; and. WHEREAS, on duly 10, 2013, the Board referred the Unsolicited PPF;A Proposal of Frederick. County Center, LLC, to the Public Works Comzxzittee fc�r further evaluation azld negc+tiatgota of a Comprehensive Agreement; and WHEREAS, to date a Ccamprehensive Agreement bias not been negotiated and no further actions have been. taken by the Board relative to the Unsolicited PPEA Proposal from Frederick County Center, LLC; and. WHI�IZEAS, on October 1 C�, 201.5, the County received a request from Fredericl� County Center, I�LC, seeking the return of their 1'PI°JA deposit, and WHEREAS, a refund of the PPEA deposit can only be considered under the foIlowing canditiau.s (1) the applicant advised t�Ze Board that they wish. to withdraw [heir request; or (2) the Board of Supervisors reyeets the. PP�A Proposal; and WHEREAS, the applicant has not submitted a regaxest to withdraw their 1'PEA Proposal. I"'.TO'1�, TI- 3ER��4R�,, BE I'I' RESOLVED, that the �oarci cif �upervisars of the County of Fredericl�, Virgaaaia, lxercby rejects the Unsolicited I''P�A Pro�asal fraan frazrz Frederick County Center, I. LC to provide fznancirzg far, land fir, and design aza�d construction of a ne�.r County afiice building, and purcl�aase of the e;�isting County office building at 117 T�Torth Dent Street, Winchester, Virgizzia. ADOPTED this 2�`'' day of {�ctaber, 2015. �! It.icard C. Shickle Charles S. I�eI-Iaven, Jr. Gene E. fisher Robert A. Hess �.�SQiva��� rao.: Gary A. [�aftoz� Masan �. Rama Robert W. Wells A CC«I'Sr' AT�'p�ST Brenda G. Csartan Frederick County A dzxzizaistratar MMA �� � tJ�ctnber 1(, eta lVis. Brenda C_�r. �artrrn County Admirxistrator County of Frederick �i?i forth Kent. street rnchester, VA "L�.�6�� 6;�i East &'r °att St��et, S�xite 6cra Baltnrnore,l'�aryla�:d �i2ta� ��s.���.��Q� Re: Frederick County Center bear GIs. �'arton: �� �� "� �� �� � � ���� �m� �, ��� u� � .,� � a� ,�� �w �� � � w N�;� "� ��a „a �, �,1� ��' � y ” � m" � w � yeti ��,7 � d F &" ''� � � have reviewed our correspondence with regard try the r °eturn off the FF�A deposit. As you know, � 1 � SFF, LT.0 submitted a FFEA to provide for a (:€runty Administration. building and, pursuant to � statuntory requirement, also paid the required. fee, which was tra be held arrd, if necessary, used to defray any County costs incuarred evaluating the FF'EA proposal, As you know,. the FFi✓C -� was. a�crt accepted h;y the Ccrutaty and, in Fact, the rezoning that was filed. on August 8, 2{� l4, and which made reference to the F1'lA, was rej�ccted by the Board of Supervisors crn� i'��Iarch l 1, 0115. Further, and it probably goes without saying, given what has occurred1 there has been no evaluation or e,penses incuA�red by the County conducting any evalr,tatirrn crf said FPEA. Accordingly, and lased orr the above,, e wortld respectfully request th��t the County return the 5�,�11��41p to 1154 SFB� LLC, plus any interest if any has beery accrued... Thank you for your assistance and cooperation, Sincerely, 1��15(l SFIJ, LLC A Virginia limited T,iability Company Sole 11�lember of:. Frederick Caunt�r_+�ertter, LLC y: �� lame: Crary l"v�entesana Title: Fr�ecutive Vice President Cc; Barl �V. Cale, III Ty Lawson �^'" d ^. lit 1� �2 ht 2�i � kV d:,'. ,�; LG iU ➢. tl..,'R l} N �, h�C I' C, 4,C Yd ll 1 �' , y, 1't S+! Cd W Oh "W I flj IV l�; �n t�W Iht W k (' IIS , crow+ �o, �,N[MA�a����zlNS�na�emcnt.cta�, CONSENT AGENDA �, � �, �2.� � ���� :��� Parks a:rod l�ecreatiaz� �epartrrzcnt �°,�J� ��� 540 -X65 -575 ������ ������:� �� �A: X40- 6�--�� 1 �����h ` ° � z�� www 1`ci���d.��zet ��`���G �� "9,� �� ��c!! °,���"�t��:x�',� � c;- rrzail: fc�wd(r�fcva.us "�'a: Brenda. (i. Gartan, Caunty Adzxzinistratar �+rrrna: Jasan L. Rabertsan, Directar, Parks � Recreatian l�ept.� „,,..n....._,. Subject: Parks and Recreatian Cammissian �4s.ctian �{' S Date: C)ctaber 20, 2015 � ,� %x The barks and Recreatian �ammissian met an C7ct�iber 1 �, 201 S. Mezxzbers �rresent were: Kevin Andersen, Randy �Carter,l*Tatalie Geremetta, Crary Langerbeazn, Ronald Madagan and Charles Sandy, Jr. Members absent were: Patrick Andersen anti Jasan Ransom. ltezns e�zzrin� Beard of Supervisors Action: rf�ii3'T Submitted far Beard Iz�farmati.an tJn1y: l . Tenth Recreation Technician — Mr. Madagazx moved to fftand a Recreation Technician position to effectively manage the additional. summer location and provide a quality expez °icncc to an increased number of children, second by Ms. �"rerazrzetta, motion carried unanizxzausly (6 -0�. Request. wild be forwarded to the k-lurrzan. Resource Committee far review at their next zxzeeting. cc: Charles R. Saz�zdy, .1r., Chairman Jasan Ransom, Beard of Supervisor I.,iaisan Paula T�afsinger, Human Resource l�irectar �Q7 i�lar%k� l�cnt S�rect. 'w�'�r�cl�cstcr, '41A 22��(11 ��:, FR�7V�1: DATI SUBJIEC� 1-1R C�;ommittee October 13„ 201 Fltarnan Resources Committee Report +� •r •�r• �� The HR Committee r�net in the First Floor Conference Room at 107 �lorth Kent Street at �:OOam on Friday, October 9, 2015. ANI rx�embers v�rere present with the exception of Supervisor Wells. *� Iterr�s I'�equ�ing Rl,ctiam * ** 1. The Corr�mittee recommends approval to create two (2� new Assessor positions within the Commissioner of Revenue's ofFice. *Items Nat Fte�quiirin� �ctic,n� *� 1. The 1-1R Director provided to the group an update of the projects and priorities and the pastion allocation chart.. there being no furtN�ter business,.. the meeting was adjourned.. �"he next N-IR Dornmittee meeting is currently scheduNed for Friday, I�lovember 10, 2015. RespectfulNy Submitted, 1-lumaru I�escmu!rces C,�rv�nn,itee Robert H'e5s, Chairman Robert Wells Jason Ransom Don Butler Dorris Greene N�eth Lewin P"auPa A. NVofsingerp" ,/ Director of H�uman� esources X07 iNcrt'h Kent Street, Vliinches�er, VA 2201 �, Ja ��. 1 ��'� � � r�ii �. �! St.�N . M�I�RPHY C�7MM15S1C7h+Y,ER September �, ��� To: Fau ➢a lofsinger far: ���i�t��cCt +�t�ztt, ��t��t ➢�:i� C�F'F�G� {7F C�11�t�IlSSI'C)�NEF� aF T�9� &tEVEIVIYE 1 Q7 Ncarlh Kent Street P Q. Brx 552 V�Jinchester VA 226(71 'dVin�heker VA 22674 -p552 irk u�ri�t�z"�tcva, �r�s �rw�rr.ff�v�. �u s(cr�� Personnel Camn7ittee itzat�ce Committee Frederick County l�aard of supervisors 'G • ryi Jw� ✓� ����' � ��fpe, �S �� NiV ��O� II� IJ�I� �� �� � „� b ��Jrl��� �4rti� `�. ��cµ �UIr����U�" k�hone: 5�k{a- 665-566 t fax' S4t7- 667 -6487 '1" ➢ate Can�missioner's office 1-�as � pral7osal beft7re you today, relating to real estate perscannel anc-1 reassessment: The real estate assessment section in the office of tl�e Commissioner of the Revenue is in dire need, of perscannei in order to caa�nplete daily tasks AI�LD the Reassessment of Real Fstate far the next assessment due far hearings in. Septeartber ii��a. F'ar your information, we as °e much rnc7re conservative than localities of a sit�7ilar number of parse ➢s who elo their awn. reassessment. An example: The City of Hampton has about 5�,i�Chi� parcels (we lave 4�Ca,��� taxable, They en�play 1�a field assessors arid. part time assessors to da reasscssmcnt worl� only (information prc7vided by the real estate divisior7 ol`the Virginia 1�epartment of Taxation.] Real estate is absolutely off the chartsl Pastern real estate home sales are up 1f9.�' /o and we are experiencing a very ➢arge volume of permits, deeds at�d of course build. sots rec➢uiring new assessments, flex °e is where we are at 7/31/205: e l�tave two assessors in the C�JR sectior7 of our l7udget. They handle the day to day additions and. changes to real property, caused by deeds and. transfers, handle ➢and use assessment, and interview and if appropriate adjust far three tax relief pragrams� �"ese staff members a ➢so assist with tl�te reassessment a ➢though they 17ave enough to do without adding that. �t ➢per staff handle generation of l7illings twice annually, l�'ublic service Corporation adjustments fa °om state and l7il ➢ngs, street lights, taz* :Fart bi ➢lings, sanitairy districts, legal, work, Pictometry and mapping, recording deeds. � transfers, and. phones /'walk -ins.. �f course my chief del7uty at�d CIS ana ➢yst also do reassessment and at ➢per rea➢ estate work on the computer and in -house chores _they shouldn't have to bust. tl-aey do because it is the only way to successfully get. everything dens. ]vly chief deputy regular ➢y ],cases trine off because she dawn "t tale it in oa•der to get aLar work. c➢ot�e. 1 a ➢so work an average of 50 hours per weep —yeas ro�.and. in the reassessment l7udget section we have one assessor, one data. collector who is full time ar7d two part -time data. collectors -one who works 1r`a weep. ar less and. one working �. � � !L #1S *� � T '����yjIRA �:cr�rmr¢aissa���ea' t�f�th�e fi�ev�n�t� Duti�:s FCcsga�ansi��iifiies I��e 2 ""vVe desperately need two more full. time assessorsl l would su,�gest these be hired under the leassessment budget since ghat will be their p� °im�ry objective ar�d assignment. � implore you to approve the advcrtiserx�ent and eventual. hiring of two qualified assessors.. ray �e�nest is fay- � t��l �f �5,g��.�� f�m� � Qnc�nths an �e �c�rfl-ent Fi" zr��.� budge. �Thes as � base salary of 45,0Q� pear year plus fringes c►f $19,25.36 ($�.�,'��6.7'z annualizec��. 1 do not want to see our quality caf �sses�rn�ent - which. l7as aly� been superlative - to suffer from lack of man. power. l had included one such assessor in m F'i� Z1116 bud et lout it was cut. growth and activity in real estate now indicate that we will Hoed at least two. Also applications for a part time assessor to replace one leaving at the end of this month have been. less than fruitful. ivly sincere appreciation for your time and consideration[ It is nay pleasure to serve the citizens of Frederick County and provide the high level of service and accurate assessment that we ,generate. ,� ''�� �� Ellen �. IMurphy Commissioner of the Revenue w � � � ' ' c r ' � c2G ' � � � � � � � � � � � � � �, w w ° � '� ° �,� � �j� � � � � � � ? ?'� _ _! o o, a a � o ol� � � � � j ,, � � � � �, � J J. J J � � J J J � �1 Q Q' , ,..J C C[ � � J J J U UJ , ,Q J I I.Li ' 'CC Nf � � � � � � � � � � i i" � � � � � Z Z � [ [�" 1i7 L ( � LdJ i i1D L Ltl ( � � � � I I I I � I IJ.F �. bL. ' '�C ' '. G( C CC] Q Q, � Q Q Q O O� C C!ti L LL f m Q Q Q � � LA,» C CY.7 Q 4 4.1.. L LQ,. �"' �«- t tit � � L1i C CJ C C7 �J i i`r C C� r rrd o o C C7 u u.ri G C C7 C C� t� C C7 � �? IC7 , Ci N N C C'� Q Q '�. r r-1 ' 'CJ f f"P Y % %'�J Y Y",..1" # #.f"I SJ C C�3, Q Q r3. 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Prape clerk I. P��dr�inistrative �,ssistarwt 1 ��siness Mann er � ]. Acec�u�n�tin Tech � Account Cierk I i�iUrS1rY �ireCtCJr L�'N 1. I I. CH�A I. Mental �i�aitr� [7irectar 1 Mentai Heaith �ansultar�t Maintenance �uperviser 1 Maintenance T�c� � Eand ;Service Man er 1 Faced Service ,upervisar 7 Inmate Pragram� �aardinatar Inmate Pr�rarrt � ecialist I. � PTA �aardin�tc�r PTS ease M'ana er %Investi afar 4 secretary I i�ecards Su�ervisarJ�LI�S Tech � R.eec�rds �1erk 6 ��1 � COI. ' - � _ • ��� ���' � � r r � � Y .. P &R Nirectar' I. Park Scaper "rntenderat 1 �ecreatian Superintendent i�peratians Supervisor I. 1 Marketin Mana er I Adrr� %nistrative Assistant dark �, Ste�rardship Manner I Park. Mena er 2 t � � � ,� �r �'' " �� • �, � �: w� - � M r � r • � �. Piann�n dir�c�c�r �. As�is�t�r�t �iannin L�irectar A�s�istant Transp�art��i�n Director �. � �r Pianner chin A,drrminitrat�ar 1 Zcnin Tech GIS Tech 1 �. �Admini�tra�tive Assistant �. Sr Secreta � Secretary _ _ I ���biic Safev Carnr�unicatic�ns �u�iic UUerks CSC D'urector � Secretary 1 Camrn�nicatians Suervisc�r � �. Cmrnmuncatians �+�cer 13 � ,� ���� �' • �� �, • � ��� • � . r '' «. ��- � r r � + ��� � � « • � � �� � ����; '� �` • ®� ®', r • � � �', � � � ®/ � � � � - � r � "" '��� ®�I • ��� � � ®� ®', r • � � �', � ,. � - � � r - • '��� s � • • � i r � � � �, � ���� II'IL r �.I! �� r � ���® r� +� �111���I'� r. � � " r # ��II- . � � ���� • � � ♦ rM" � ! ■ i � ! r • ��- � � . �, � •'� !' l fir"' � i; ��I w; I��- �€�' 'atrar's 4ffl'Ce F.�: IS�Cr��" � ,AS�IS$�Il� R 15�f�� �. �C7��� ._._.......... ■ � � r � � ,� i. �epar�meca F�� �d r��aa�d'�d' �'ta��l Sheriffs �7'��Pice Sheriff �, Me'or 1 '�� ��In 1st'. Lieutenant 1 Lieutrw�nt Ser giant � Investi aster' f�eputy 18 � 1 Cara�rr�unicatit�ns a�eraticns Supervisor 1 �Comrnun %..cations �f�cer Crime A,naiyst evidence Clerk 3 � 1 �drninistrative /assistant' Records Clerk. $ TotaEs Treasurer °� �fhce Treasuerer ©epu Treasurer Revenue Analyst Sr Collector Sr Account Analyst. i. 1 �. �c�llector i Account Analyst. Mlc►� a e Speci�fi� Totabs 1. � '�. �lll'inchester Re it�nal Air orb Air ort L7irector 1 Operations Su ervisnr 1 Maintenance Tech 1=1i ht Line Tech 4 Account clerk 1 Customer �el"�/BCf- fie' Totals ,� �. FieanoeGmmm�teeRepo��n��ecommendotiana Au8uz���JO�� �m�e �� �. The��s��ntCoumty��min��ratorr�ques�a fn�m�n�i|mca¢e��ud�etfmmds. Thbomommtrep�me�santkip�ted buUd�n�me�mten�n�eex�ensesforthe�oon�obeac�uiredn�0kwood��ne��ation. See G. ��e�rededckCounty[�rcu�[ourt��rk�eqoes�a Th�amouotrep��e��sa|aryan�fhm�es m*quinad��hire�Depm�y[|erk-Opera�|onu. Qfthi�ammun���2,]�0vviUbereKm�uoed by1he5ta�eCom�ensatiomBo�rd. Th�pm�itiqmh�u�eemappmoxe�hy�heHR 7. The�e�Bud��tr�t�up�rv�or�e�ue�aa lhim���unt�pe�n�the��n�sh��mf���(���rmo�� r�qu}red.��eat�/chedr�queaao�th�C�v�m�ponse&)themqu�o�p�14-17.The Q. Th�VVin�heste�Re8Koma|/A,po��Amthor�yregue�oapub|6chee����oran����� The� amountsrepnesen�theFYI��|r9o�[u�it�|�ud�etan�the�ountyoomtdbution waspect�e|y� 5cc��uch�d�nfnrmmtion,p.18-25. ThecommniKeenecnmmem�s �o�in�apmb|hche�dn�o�6eptemober9,2O1S. PL�YFundinthe�mmmntof���3�4.S0bereserw�uLsu��c tofut�naa�pnopr�Uons. Th�ba|a�cevxN|�e/edWced�ythe#nunc�|ass��mn���r�vide��udn��Y��ini�e amuuntVf��S�.��. Nu|noa/fu�d�nequire�. �ee�ttaohedmenoo,��26—�1. The � � � / ) I�den. E.. l" reeman City 11!laraager 1 S ?. Cameron Street '�inchester, 'Virginia,. 22+601 Brenda U, �aartrrn Coarnty r�drninistrator 1071'�l. lent. Street Winchester, Virginia 22601 '� i �. Braddaek street, Suite l U 1 Winchester, 'G'irgi.nia 2261 �54t�� 3�6 -1.437 w'��vw . r�or� i.a �a+a �'a ce. c eau "` I% i, � � F lEier Salary S>rppicrcrerrt fl�r• �i�tr ➢ct C`merrt 117r�p�uty Clerrrs dear l�ad'ies: �.s a member ofthe �"rederick County �caard of Supervisors, ➢ am trying to get the localities to approve a salary supplement, as allowed b t➢re'Virgnia Ccadc, for the fuCll -time deputy c ➢arks ofthe general District Court and flee Jarvenile acrd l�oruestic l�.elations District Court. The loca ➢hies already supplement the salaries of the deputy clerks oftlre Circuit Courts, I a proposing that the Iracalities provide a supplernentto each clerk in the aourrMt ref X200.00 per month.. "There are current ➢y eleven clerls� in flee C'rerueral District Court and eight clerks in the :luvenile and Domestic Relations T?`rstrict Court. T aaan proposing drat the supplerrrent be shared aqua ➢ly between the localities. The.. loca ➢hies should rem "rve partial reirrabursernent from the State Compensation 13oard, ➢ am seeking this satppleent frrr several. reasons. "Turnover in the lJistrict Courts %s too high,. vwhicb has a negative effect on the judges., attorneys, staff, ➢it %gents, and the efficiency ofthe jud ➢vial systerra. The TT3istrict Courts haws lost eight clerks within the past three years dare to Low compensation. 'The Circuit Courts have only last two c ➢erlcs w ➢thin the same tirrre period., �#ccording to information front' the "��irginia Supreme Court, the average salary for a clerk in the District Court is $27,D00.0C1. °➢'he average salary for a c ➢ark. in the Circuit Coacr!t, who recerve� a supplerr►ent, is $29,(}0C1,0➢1. 1'�linety -two percent crf District Cr�urt clerks in the Coammonwealth make below the average for all ether state employees, which is. appro�irnately $46,1100.00. The overall ➢ncrease in corrrpensation fcrr other state employees leas rriserr an average of �� percent within the last l 1 years, but the incroase in compensation for clerks has only risen 13 percent. 'The clerks in the ➢]istrict Court start. below what employees, such as trash. eol lectors artd asairnal control officers, are paid. This is frustrating. wlrera the vucark of a clerk derrrarads more educat ➢ern and. responsibility. l.ega.l secretaries and paralegals, whr�rn rely an the clerks on a daily bases, Barra thousands ofddllars more than the clerks, wham leave much more respernsialities. l'vloreovrWr, clerks ➢aired after 2012 matst pay their own retirerrrent match of five percent. The clerks' take- horrre pay is m�ucla less when yore add in the recent healthcare casts. Given the rrurnber of case filings per year, the e;lerks of the District Courts are tasked with. mere duties and responsibi ➢hies than the clerks ofthe Circuit Courts.. The District.Courts are currently understaffed. 'There were approximately 4'�,Or��l cases filed in the .district Ccaurts in 2C� 1.4. 1P�'haie judges have been added. to the District Ccaurts due to the high caselcaad, no funding has been appropriated for additional clerks. Increases in law enforcemuent personnel to combat the heroin epidemic rrrearas an increase in the warkloael of the clergy, yet tlae District Courts do not receive additional. sta�"ing. Beginning 4�ctober, 2015, the clerks will be given flee added responsibility of`collecting a local fee for the law euftareaaaeart agencies fear electronic surramonses. These funds will go to the law enforcement agencies while the clerks do all ofthe �»vork. The clerks ofthe District Courts handle zncare pyre .�� litigants litigants without. an atteanaey) Haan the deputy clerks oftlae Circuit Ceaurts. Nfinety percent ofthe litigants in the Circuit Courts arc represented by an attorney, vrhereas only twenty -eve percent ofthe litigants ire the District Courts are represented by an attorney, Whrking with. a p�� ,�e litbgant is cumbersome and. tune coxasuruing, because the I!itigant is demanding and ilexes oat understand the judicial system. Thus, the clerks are working harder and longer ands rrrost afore time, dealing with the most diB"acult litigants involving child support, custody, visitatio¢r, and protective orders. 'I"he Districts Courts. generate mexre incoraae far the localities than the Circuit Courts. The Districts Courts collected. $12.6 million desllars from 2012 through 2014. They have already collected �1.� million fcrr20I5. Based on flee fexregoing reasons, l fiwa,d it prcaper anal only fair that the Itxcalities approve a supplement for the clerks ofthe District Ccauris. This request is small in dollar amounts, but huge in what it means to the clerks. As such, Eden, I would appreciate it if you would fot-wvard my proposal to the Council for consideration at the earliest possible convenience. Likewise, Brenda, I would appreciate itrf you would, forward. my proposal to the appropriate cornrraittee for cansideration and keep me advised of the date and t%me of such meeting. l want to thank you both for yexua• attention in this matter. Vey truly you ason 1✓. Ransom cc: Hon. Debra V. Bull, Clerk `�v'inchesterlprcderick General District Court Hon. Ann B, Lloyd, Clerk "�a'inclresterfl�`rederick .luvenile and D�mestac Relations District Cram "Ly J �� /, ��IJJI � � � aJG(1(P if `l� � Il% IJr' � � 1��� ire f d � � ;, ., ,� .0 i� �� � 4i.ca�ss Cit�1 ]-Tall 15 North aard�eroa� Street. Vv'iachester, VA 2�I)] duly ��, �� "� bra. Jasar� Rar�sar�l ��rlSarrt ��; �Jffiae 3� Sauth I�rad�iack Strut �lti'�te "� �1 itaahester, 11,4, ���iQ`I RE: Salary Supplement liar district Caurt ®eputy Clerks Dear 11�r. Rarrsam. �r�le�n�r�e; t5aa� ��� -� s T 5 Tw AX: �54t1) ��� -�� TT�T�: t���) ��� -0782 WeT7slte: wuww „�viaacT�esterv�.�ov Thank you tar y�aur recent carrespandeaaee request %ng the City car�sider a salar�t supplement tar tull�time deputy clerks of the General district Caurt and J�lvenile and aarnestic Relatiar�s C�istrict Caurt. I did share yaur carrespandence vrith the Camman C�aur�cil. The request to supplement the salaries of the deputy clerks has came up multiple times irr the past, but the City nor the County have carrTmitted the funds to da sa. The City has a long standing policy of not supplementing salaries of state employees warking� at the locality level. This policy is largely in place because any increase �rauld have to carne from local funds as the Stave Cam,pensatian Board would not provide any re "urrlburement. '1�hile we are sympathetic to the requ+st given that the City has just completed the budget process and our practice of not supplementing salaries for state positions, the City is unable to appra�ae phis request.. "i'n provide rz safe, vibr� tat; suslairtcriade cry rnu°�tity wiaite strr'vitrg to cvrrstantdy rhaprnve the gz�rriary ref ire fear �rur r�es�nts arxd e��rrornic ptxrtners. "' Nlr. F�anse�nn July 27', 2Q15 Pege caf 2 Cc: �lernlaers of the Gc►mman Caun�� Ids. Brenda +�ertor�, Catant� Admir�sira�nr, Caurwty �f'�raclerick �'Is. �Qebra Bull, Cl+�r�k, 1Nanal�esterf�rederacl< Gen�,ral Qistrlct Cc�uri Pv1�. �r�n LI�►�'d, Clerk,. 'R�'incl�ester /�rederick .luver�lle arod Qarnestuc I:t�alaki�rrs Qlsfrlc� C��arq �� COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667 -0370 E -mail: csluffle @fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: September 16, 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, September 16, 2015 at 8:00 a.m. All members were present. (D) Items 5 and 6 were approved under consent agenda. ( = no action required) 1. The FCPS Finance Director provides FY 2015 Year End financial information and is available for discussion. See attachment, p. 5 - 30. No action required. 2. The FCPS Finance Director requests a School Operating Fund and a General Fund supplemental appropriations in the amount of $123,737.04. This amount represents unspent obligated FY 2015 School Operating funds. See attached memo, p. 31. The committee recommends approval. 3. The FCPS Finance Director requests a School Capital Projects Fund and a General Fund supplemental appropriations in the amount of $314,746.72. This amount represents unspent FY 2015 School Operating funds. See attached memo, p. 31. The committee recommends approval. 4. The Finance Director presents FY 2015 Year End financial information. See attached, p. 32 - 48. No action required. 107 North Kent Street •Winchester, Virginia 22601 1 Finance Committee Report and Recommendations September 19, 2015 L�aFc �2 5. (D) The Sheriff requests a General Fund supplemental appropriation in the amount of $1,011.58. This amount represents reimbursements for an investigation and an extradition. No local funds required. See attached memos, p. 49 - 50. 6. (D) The Parks &Recreation Director requests a General Fund supplemental appropriation in the amount of $2,000. This amount represents a donation for the conversion of two mowers to propane fuel. No local funds required. See attached memo, p. 51. 7. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $40,000. This amount represents a carry forward of unspent FY 2015 funds to be used for outfitting three new vehicles. See attached memo, p. 52. The committee recommends approval. 8. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $64,000. This amount represents a carry forward of unspent FY 2015 funds to be used to outfit ten new employees. See attached memo, p. 53. The committee recommends approval. 9. During the FY 2016 budget discussions it was requested that two outside agencies be revisited after FY 2015 year end. Those agencies were Handley Library and the Northern Shenandoah Valley Regional Commission (NSVRC). Handley Library was discussed at the August committee meeting. Budget information for the NSVRC is attached. See information, p. 54 - 86. The committee recommends approval of a General Fund supplemental appropriation in the amount of $1,216. Members Lofton and Ewing vote no. 10. The EDA Director requests an EDA Fund supplemental appropriation in the amount of $100,000. This amount represents incentive funds for ON Minerals (Chemstone). See attached memo, p. 87. The committee recommends approval. Finance Committee Report and Recommendations September 19, 2015 ��aFc �3 11. The EDA Director requests an EDA Fund supplemental appropriation in the amount of 250 000. This amount represents incentive funds for HP Hood. See attached memo, p. 88. The committee recommends approval. Ilh� ■ J• ,,.,�.,,,.,� �v ��, � {,,.,,�� �„ �,,, „�,,,� {,,. ��„ .,,,.,.� -,�„ „{ -, .,,,�,,.�„ -,.,,� „n,,;.,...,,,.,� See attached memo, p. 89. This item was removed from the agenda. 13. The Finance /Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p. 90 - 92. The committee delays action pending further input from committee members. 14. Fire &Rescue Fee for Service MOU, company MOUs and joint agreements, and county payments to companies information is being provided for discussion per committee request. See attached information, p. 93 - 140. The committee desires to continue discussions and recommends the County Administrator and the Assistant County Administrator outline a structure to facilitate the review of agreements and goals for the future relationship between the County and the volunteer companies. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for August 2015. See attached, p. 141. 2. The Finance Director provides an FY 2016 Fund Balance Report ending September 10, 2015. See attached, p. 142. 3. The Finance Director provides financial statements for the month ending August 31, 2015. See attached, p. 143 - 153. 3 Finance Committee Report and Recommendations September 19, 2015 ��aFc �4 Respectfully submitted, FINANCE COMMITTEE Charles DeHaven, Chairman Judy McCann - Slaughter Gary Lofto n Bill Ewing Richard Shickle Angela Rudolph v Cheryl B. Shiffler, Finance Di ector n il�G� �� ,,,� i��� �.� ~��ti��.����� ��ll ��u ��k�o�,� u� °'� �:����u �m�,.����d��,. °� �� �w���e.'wu ��:��iw�d�,�: °�A Executive Director of Finance DATE: August 25, 2015 TO: School Board Finance Committee Members David T. Sovine, Ed.D., Superintendent of Schools FROM: Lisa K. Frye, Executive Director of Finance ��`'.�. ��'` SUBJECT: Financial Reports for Fiscal Year 2014 -15 fryel @fcpsk12.net Attached are the year -end financial reports for fiscal year 2014 -15. As of the date of this report, the financials are unaudited. Included are the statements of operations for all funds managed by the school system. This report summarizes the key activities within each fund. Table of Contents .Fund .Report. School Operating Fund Page 3 School Nutrition Fund Page 8 School Textbook Fund Page 10 School Capital Projects Fund Page 12 School Construction Fund Page 14 School Debt Service Fund Page 16 School Health Insurance Reserve Fund Page 18 Northwestern Regional Educational Programs Funds Page 20 Consolidated Services Fund Page 22 Special Grants Fund Page 24 Fiduciary Funds Page 26 Please refer to the respective financial statement as you proceed through the text. 5 School Operating Fund The unobligated surplus for the fiscal year 2015 school operating fund is $314,747, which is 0.22% of the $142,289,182 total school operating fund budget. The operational highlights of the fiscal (and school year) 2014 -2015 • Implementation of a full -day, instructional program for kindergartners instead of a half -day program • Fall enrollment was 13,066 • Roll -out and expansion of 1:1 technology initiative for all middle and some elementary school students Summary budget statistics 1. The original (beginning) budget for the school operating fund for FY 2015 was $140,504,479. 2. Budget adjustments of $1,784,703 resulted in the current budget balance of $142,289,182. Notable adjustments included: a. a one -time transfer from the Debt Service Fund of $1,566,316 to support amid -year salary initiative b. encumbrance and carry- forward grant receipts of $218,387 from FY 2014 Summary financial statistics 1. Actual FY 2015 revenues in the school operating fund were $141,326,145. 2. Actual FY 2015 expenses totaled $140,887,661. 3. Obligations for restricted programs in the amount of $123,737 are a part of the year -end surplus and are reserved for appropriation to FY 2016. 4. An unobligated amount of $314,747 remained at year -end. [Line E] Key factors contributing to the school operating fund surplus are shown in the chart below. The remaining portion of this section explains the financial activity and resulting variances. Frederick County Public Schools Pale 3 Fiscal Year 2014 -2015 Financial Report Budget Actual Variance State sales tax $13,808,529 $13,944,103 $ 135,574 Budget savings — schools and departments $19,049,155 $18,890,295 $ 158,859 '.. ', I. I. $ 28,958 schools '.. $129,901 depts. All other unobligated variances 20 314 Unobligated Surplus for FY 2015 $ 314,747 The remaining portion of this section explains the financial activity and resulting variances. Frederick County Public Schools Pale 3 Fiscal Year 2014 -2015 Financial Report School Operating Fund — Continued Understanding the Operating Fund Variances a The financial statement for the School Operating Fund is presented in a format reflecting two components of financial activity: unrestricted and restricted programs. The majority of the school division's programs and operations are funded by state and local funds in the unrestricted component. While the school division must maintain minimum standards of quality with a mandated local match in most cases, the local school board deploys those funds with discretion and in line with its planning goals. Therefore, the expenditures in this component are referred to as unrestricted. The restricted program section shows the activity of grant funds received for specific use on designated programs. The budget and related financial activity align with the grant award amounts and spending period, creating budget to actual variances which tend to be misunderstood as local surpluses or deficits. For this reason, the format shown is designed to assist the reader with the distinction between the two. Unrestricted Revenues and Expenditures Unrestricted revenues exceeded expenditures by $489,607 [line 11]. The variance for each revenue source and expenditure category is described in the following text. This amount is offset by the $51,124 deficit in the restricted program section [line 14] resulting in the total operating fund surplus of $438,484 [line 15]. Unrestricted Revenues: $135,636,248 [line 6j Local Sources [line 1] ➢ $1,043,468 in miscellaneous local revenue was received, including fees and charges to students and the public, as well as billings to other agencies, gifts and donations, rebates and refunds, and rental charges for the use of school division facilities. Funds received from these sources were more than projected by $76,008 and include the sale of equipment, insurance adjustments, and miscellaneous donations. Commonwealth [line 2] ➢ $67,454,879 in state revenues were received including Standards of Quality (SOQ) funding, sales tax receipts, incentive funding, categorical funding, lottery funds, and some miscellaneous funds were more than budgeted by $120,202. ➢ SOQ funding was less than budgeted by $114,208 due to lower than projected enrollment. ➢ Sales tax funding was more than budgeted by $135,574 due to greater sales tax collections received by the Commonwealth than was planned by the Virginia Department of Taxation. ➢ The state's share of special education regional tuition funding was more than budgeted by $64,609 due to enrollment in the program. ➢ Other state revenues were greater than budgeted by $34,227. Federal Government [line 3] ➢ $5,458 in unrestricted, federal program revenues were received. A small amount of funding is provided each year based on the amount of federal land in the county. There is no notable variance in this section. Local Government and Transfers [lines 4 -5] ➢ $67,132,443 were received from the County's General Fund and the School Capital Projects Fund, $65,347,740 and $1,784,703 respectively, and all of which are considered local government dollars. This total includes the prior year encumbrance and grant obligations, as well as the current year funding support from the local governing body and a transfer of available funds in the School Capital Projects Fund. Frederick County Public Schools Pale 4 Fiscal Year 2014 -2015 Financial Report School Operating Fund — Continued Unrestricted Expenditures: $135,146,640 [line 10] Instruction [line 7] ➢ $100,814,363 were expended for instructional purposes and includes costs incurred for classroom instruction, student support services, library and media services, instructional support services, and school administrative offices in the areas of regular education, special education, vocational education, gifted education, and the other categories of instruction. Seventy -five percent of all expenditures are in this category. The positive variance of $14,995 is attributable to expenditure savings throughout the schools and instructional departments. . Instructional and Administrative Technology [line 8] ➢ $7,052,237 were expended for costs associated with division technology, whether for instructional, administrative, or operational categories. Savings in vehicle fuel and employee compensation due to turnover provided some of the funding to expand the school division's 1:1 student technology device initiative to additional grade levels. Support Services [line 9] ➢ $27,280,040 were expended for costs associated with supporting the operations of the school division, including administration, services related to students' attendance and health, transporting students, and maintaining facilities. The $143,424 positive variance is the net of personnel and operational expenditures. The majority of this positive variance is due to residual fuel and utility savings. Restricted program revenues and expenditures [lines 12 and 13] In some programs, local dollars are required. Expenditures exceeded revenues by $51,124. [line 14] FY 2015 Unrestricted Surplus (Revenues in Excess of Expenditures) $314,747 [lines 15 -17] The total surplus for FY 2015 of $438,484 is reduced by the amount of revenue received for a special purpose, but has not yet been encumbered. These funds are considered obligations against the surplus funds, total $123,737, and include: 1) $88,795 for SOL Algebra Readiness, 2) $30,000 for the Apple Federal Credit Union mentor teacher program, and 3) $4,942 for the E -Rate program. A separate appropriation request will be submitted for these amounts to be approved by the Board of Supervisors. The unobligated surplus for FY 2015 is $314,747. Supplementary Information Re�ardin� Restricted Programs [line 181 Restricted Programs provide funding for specific initiatives. The majority of these revenues are based upon certain student populations or capabilities. Restricted program funding is associated with spending criteria as well as reporting criteria. The vast majority of restricted revenues come from the federal government, but a few are from state or miscellaneous sources. Restricted program revenues totaled $5,689,897 for FY 2015, and program expenditures totaled $5,741,021. The resulting negative balance of $51,124 represents a small amount of additional local funding toward those specific program budgets. ➢ The restricted programs include: eRate telecommunications, state mandates in the area of educational services to special needs students, and federally- funded programs including such grants as Titles I, II, III, IV, VI -B, and vocational education. The fiscal year for the federal grants extends beyond the local June 30 fiscal year, and any remaining grant balances for active grants are eligible for expenditure in the next fiscal year. The variance is the remaining appropriation associated with the grant award amount and does not contribute to or reduce the remaining unobligated surplus. Frederick County Public Schools Pale 5 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools School Operating Fund Year Ended June 30, 2015 5,522,538 5,506,461 [a] [b] [c] 16,078 [d] (51,124) [e] 651,532 $ 438,484 2013 -14 2014 -15 2014 -15 123,737 2014 -15 542,594 Variance 314,747 Actual* Original Adjusted Actual* from Budget Budget Adj.Budget SUMMARY Revenue from Local /Other Sources $ 1,105,550 $ 1,130,160 $ 1,238,402 $ 1,171,896 $ (66,506) Revenue from the Commonwealth $ 66,525,232 $ 69,070,812 $ 68,675,763 $ 68,475,796 $ (199,967) Revenue from the Federal Government $ 4,448,061 $ 4,955,767 $ 5,242,574 $ 4,546,010 $ (696,564) Revenue from Local Governing Body $ 61,043,225 $ 65,347,740 $ 67,132,443 $ 67,132,443 $ - [A] TOTAL REVENUES $ 133,122,067 $ 140,504,479 $ 142,289,182 $ 141,326,145 $ (963,037) Instruction $ 95,025,262 $ 101,060,889 $ 100,829,358 $ 100,814,363 $ 14,995 Instruction - Restricted Programs 5,506,461 6,972,977 6,981,567 5,741,021 1,240,546 Technology - Instructional &Administrative 5,601,832 5,516,224 7,054,793 7,052,237 2,556 Support Services 26,336,980 26,954,389 27,423,465 27,280,040 143,424 [B] TOTAL EXPENDITURES $ 132,470,535 $ 140,504,479 $ 142,289,182 $ 140,887,661 $ 1,401,521 * Actual fiscal year expenditures includes encumbrances [C] REVENUE OVER EXPENDITURES $ 651,533 $ - $ - $ 438,484 $ 438,484 [D] Obligated Funds - Special Programs $ 108,939 $ 123,737 [E] LOCAL FUNDS UNOBLIGATED AT JUNE 30 $ 542,594 $ 314,747 [F] Percentage Surplus of Total Budget 0.40% 0.22% Unrestricted Revenues [1] Revenue from Local Sources $ 939,671 $ 844,493 $ 967,460 $ 1,043,468 $ 76,008 [2] Revenue from Commonwealth $ 65,611,371 $ 67,346,838 $ 67,334,677 $ 67,454,879 $ 120,202 a Standards of 4uality(504) 47,027,074 49,473,679 49,378,267 49,264,059 (114,208) b Sales Tax 13,300,059 13,759,908 13,808,529 13,944,103 135,574 c Incentive Accounts 1,987,927 518,000 518,000 518,000 - d Categorical 79,971 89,837 81,178 79,725 (1,453) e Lottery- Funded Programs 3,021,344 3,407,914 3,401,299 3,410,221 8,922 f Miscellaneous5tate 194,996 97,500 147,404 238,770 91,367 [3] Revenue from Federal Government $ 5,262 $ 5,000 $ 6,295 $ 5,458 $ (837) a Miscellaneous 5,262 5,000 6,295 5,458 (837) [4] Transfers/ Carryover/ Prior Year Encumbrances $ 315,904 $ - $ 1,784,703 $ 1,784,703 $ - [5] Local Funds -Board of Supervisors $ 60,727,321 $ 65,347,740 $ 65,347,740 $ 65,347,740 $ - [6] Total Unrestricted Revenues $ 127,599,529 $ 133,544,071 $ 135,440,875 $ 135,636,248 $ 195,372 Unrestricted Expenditures [7] Instruction $ 95,025,262 $ 101,060,889 $ 100,829,358 $ 100,814,363 $ 14,995 a Regular education 71,172,122 74,890,038 75,770,618 75,767,962 2,656 b Special education 15,023,196 16,021,237 15,896,039 15,891,719 4,320 c Vocational education 6,629,442 6,838,251 6,953,876 6,953,883 (8) d Gifted education 769,927 800,126 814,280 811,686 2,594 e Other education 1,361,989 1,379,391 1,353,031 1,349,064 3,967 f Summer5chool 18,068 23,750 23,750 23,135 615 g Adult education 34,278 54,461 17,764 16,914 850 h Non - regular school day 16,240 - - - - i Contingency reserve - 1,053,635 - - - [8] Instructional &Administrative Technology $ 5,601,832 $ 5,516,224 $ 7,054,793 $ 7,052,237 $ 2,556 a Instructional technology 1,196,662 958,701 2,307,083 2,308,228 (1,145) b Instructional support technology 2,694,015 2,900,192 2,803,201 2,802,456 744 c Administrativesupporttechnology 1,711,154 1,657,330 1,944,510 1,941,553 2,957 [9] Support Services $ 26,336,980 $ 26,954,389 $ 27,423,465 $ 27,280,040 $ 143,424 a Administration ,Attendance &Health 5,648,324 5,997,189 5,909,852 5,886,193 23,660 b Pupil Transportation5ervices 8,275,541 8,209,240 8,101,828 8,061,763 40,065 c Operation and Maintenance 11,812,783 12,069,480 12,729,955 12,684,115 45,839 d Facilities 174,535 202,312 190,961 157,101 33,860 e Fund Transfers 425,797 476,169 490,869 490,869 - [10] Unrestricted Expenditures $ 126,964,074 $ 133,531,502 $ 135,307,615 $ 135,146,640 $ 160,975 [11] Unrestricted Revenue Over /(Under) Expense Restricted Programs [12] Total Restricted Revenues [13] Total Restricted Expenditures [14] Restricted Revenue Over /(Under) Expense [15] All Revenue Over /(Under) Expense [16] Obligated Funds - Special Programs [17] LOCAL FUNDS UNRESTRICTED AND UNOBLIGATED AT JUNE 30 � 03.J, 4.J.J � 4b7,0U/ $ $ 5,522,538 5,506,461 $ 6,960,408 $ 6,848,307 $ $ 6,972,977 $ 6,981,567 $ 5,689,897 $ (1,158,409) 5,741,021 $ 1,240,546 $ 16,078 $ (51,124) $ 651,532 $ 438,484 108,939 123,737 $ 542,594 $ 314,747 Frederick County Public Schools PaQ+¢ 6 Fiscal Year 2014 -2015 Financial Report Supplementary Information Regarding Restricted Programs Restricted Programs � 2014 -2015 2014 -2015 2014 -2015 Revenue Expenditures Variance a eRate Program $ 90,768 $ 85,826 $ 4,942 b Regional Juvenile Detention Center 512,374 506,244 6,129 c Special Education - In -Jail 84,020 84,020 0 d Early Readinglntervention 242,843 271,220 (28,377) e SOL Algebra Readiness 117,263 169,552 (52,289) f Other Special State Programs 64,417 96,297 (31,879) g Bridges to Success -Apple Federal Credit Union 30,000 15,813 14,187 h Title I, Part A 1,470,700 1,470,700 0 i Title I, Part D 68,478 103,774 (35,296) j Title II, Part A Improve Teacher Quality 331,187 331,187 0 k Title III LEP 68,118 68,118 0 I Title VI -B 2,356,903 2,356,903 0 m Title VI -B Preschool 41,184 - 41,184 n Perkins Vocational 158,727 154,386 4,341 o Miscellaneous Federal 19,500 3,007 16,493 p Emergency Generator Grant 7,661 965 6,696 q NOAA Grant 25,756 23,010 2,745 [18] Total Restricted Programs $ 5,689,897 $ 5,741,021 $ (51,124) [24] Percentage Surplus of Total Budget 0.40% 0.22% * Actual fiscal year expenditures includes encumbrances Frederick County Public Schools Palp,�17 Fiscal Year 2014 -2015 Financial Report RECAPITULATION: Year Ended June 30, 2015 [a] [b] [c] [d] [e] 2013 -14 2014 -15 2014 -15 2014 -15 Variance Actual* Original Adjusted Actual* from Budget Budget Adj.Budget [19] TOTAL REVENUES $ 133,122,067 $ 140,504,479 $ 142,289,182 $ 141,326,145 $ (963,037) [20] TOTAL EXPENDITURES $ 132,470,535 $ 140,504,479 $ 142,289,182 $ 140,887,661 $ 1,401,521 [21] REVENUE OVER EXPENDITURES $ 651,533 $ - $ - $ 438,484 $ 438,484 [22] Obligated Funds - Special Programs 108,939 123,737 [23] LOCAL FUNDS UNOBLIGATED AT JUNE 30 $ 542,594 $ 314,747 [24] Percentage Surplus of Total Budget 0.40% 0.22% * Actual fiscal year expenditures includes encumbrances Frederick County Public Schools Palp,�17 Fiscal Year 2014 -2015 Financial Report School Nutrition Fund The food service operation completed the FY 2015 with revenues in excess of expenditures of $190,700, which increases the fund balance to $1,559,508. Of this fund balance, $238,947 is the value of inventory at year -end and is categorized as non - spendable. The School Nutrition Services Program served meals over 174 days, six days less than the budget due to inclement weather. Even though the fund realized a profit in FY 2015, revenue was less than expected due to a decline in the number of students buying meals and six less serving days. Expenditures were significantly less than expected for the associated number of meals served. Operational efficiencies continue to be realized on food and labor costs. Standardized menu planning provides savings in the average food cost per meal. Further, staff productivity ratios are analyzed and labor hours are adjusted up or down based on the number of meals to serve. 1,168,508 lunches and 266,286 breakfasts were served throughout the 2014 -2015 school year, which were 92,953 less meals than budgeted. The lunch prices for a full meal were $2.40 for elementary, $2.65 for middle, and $2.65 regular lunch /$2.75 pizza lunch for high school students. Other items were sold on an a la carte basis. The division food service operation produced an average of 14.52 meals per labor hour — 8,595 equivalent meals daily. As of June 2015, 34.8% of students were eligible for free or reduced - priced meals. Revenue Variances: Compared to budget, revenues were $283,241 less than expected. The variance is the result of two main components: meal sales (including breakfast and lunch) and federal meal reimbursement through the National School Lunch Program. ➢ Lunch and breakfast sales for full - priced meals were $176,296 lower than expected. This variance is attributed to six fewer serving days and the less than expected number of students participating who pay full price for meals. Ala carte /other sales were greater than expected by $59,458. ➢ Federal and state subsidies were $169,585 less than planned. This decrease in revenue reflects fewer serving days and changes in student meal participation patterns. Expenditure Variances: Compared to budget, expenditures were less than expected. $1,233,680 of the total expenditure variance represents appropriation of prior year fund balance. The excess appropriation is carried forward to be used if needed. The other operational variances are the result of the following: ➢ Labor cost was $180,767 less than planned. Productivity gains were realized and overtime and substitute costs were less than anticipated. ➢ Food and supply costs were $298,099 less than planned. The average food cost per meal was $1.20 for FY 2015, which was 11 cents less than budgeted. ➢ Contracted services, utilities, travel, and other miscellaneous expenses ended the year with a positive variance of $1,156. ➢ Capital outlay represents the purchase of new or replacement equipment. The negative variance of $6,082 was due to an oven replacement at Indian Hollow Elementary School and a dishwasher at Middletown Elementary School. Frederick County Public Schools Pa�ag 8 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools School Nutrition Fund Year Ended June 30, 2015 [1] Beginning Balance July 1 Revenues: [2] Interest on Bank Deposits [3] Type A Lunches [4] Breakfast Program [5] All Other Sales and Adults [6] Other Receipts [7] State School Food Payments [8] Federal Meals Reimbursement [9] Transfers From School Operating [10] Total Revenues [a] [b] [c] [d] [e] 89,964 515,618 Adjusted 84,970 Variance Actual Actual Budget Actual from 2012 -2013 2013 -2014 2014 -15 2014 -2015 AdIBudQet $ 1,510,004 $ 1,202,601 $ 1,233,680 $ 1,368,808 $ 135,128 $ 3,125 $ 2,484 1,569,601 1,485,516 96,170 89,964 515,618 572,743 84,970 92,356 99,079 91,725 2,283,597 2,275,371 $ 4,652,160 $ 4,610,158 $ 3,125 $ 2,902 1,661,816 1,507,227 123,713 102,006 529,174 588,632 65,740 69,146 94,933 86,549 2,489,531 2,328,330 24,064 24,064 $ 4,992,096 $ 4,708,855 Expenditures: [11] Salaries $ 1,836,709 $ 1,742,933 $ 1,914,863 $ 1,745,169 [12] Fringe Benefits 624,847 607,530 655,203 644,130 [13] Contractual Services 48,632 47,626 61,750 62,199 [14] Utilities, Travel and Misc 50,580 47,286 53,615 52,010 [15] Food and Supplies 2,366,980 1,965,778 2,243,984 1,945,885 [16] Capital Outlay 31,816 58,278 62,681 68,763 [17] Appropriation Fund Bal. -Prior Year - - 1,233,680 - [18] Total Expenditures $ 4,959,563 $ 4,469,432 $ 6,225,776 $ 4,518,155 [19] Revenue Over / (Under) Expenditures $ (307,404) $ 140,726 $ - $ 190,700 [20] Balance June 30 $ 1,202,601 $ 1,343,327 $ - $ 1,559,508 [21] Balance Nonspendable - Inventory $ 193,785 $ 210,365 $ 238,947 [22] Unreserved fund balance $ 1,008,815 $ 1,132,962 $ 1,320,561 *Actual expenditures include year -end encumbrances $ (223) (154,589) (21,707) 59,458 3,406 (8,384) (161, 201) 0 $ (283,241) $ 169,694 11,072 (449) 1, 605 298,099 (6,082) 1,233,680 $ 1,707,621 Frederick County Public Schools Pataet9 Fiscal Year 2014 -2015 Financial Report School Textbook Fund The textbook fund finished the year with a decrease of $343,527 resulting in a fund balance to $1,077,501. The primary source of revenue for this fund comes from the Standards of Quality funding provided by the Commonwealth. The state funds require a local match equal to the composite index percentage. Beginning fund balance for the School Textbook Fund was $1,421,028. Revenues plus the beginning fund balance total available funds of $2,689,382. For FY 2015, state funds of $787,033 plus $476,198 in local matching funds, and miscellaneous receipts for interest and fees totaled $1,268,354 in revenue. Textbook purchases were made for replacements of worn textbooks, new science textbooks for grades kindergarten through 5, new world language textbooks for grades 6 through 12, and multiple subject textbooks for the full -day kindergarten program. Total expenditures and obligations on textbooks and related activities equaled $1,611,881 for the year —less than planned due to savings on shipping costs, consumables and flat enrollment growth. A small portion of the expense total is for a clerical position attributable to maintaining the textbook inventory. The textbook fund balance increases and decreases over time as it supports the year -to -year disbursements driven by the timing of required textbook adoptions. Textbook fund balance is assigned to the next fiscal year to support required textbook adoptions. Frederick County Public Schools Pa�c710 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools School Textbook Fund Year Ended June 30, 2015 [12] Planned Carryforward to Next Year [13] Total Expenditures $ 1,428,792 $ [a] $ 2,578,690 [b] [c] [d] $ [e] $(1,311,850) $ (343,527) $ 968,322 [15] Balance June 30 2012 -13 $ 2013 -14 2014 -15 2014 -15 Actual* Actual* Budget Actual* Variance [1] BalanceJulyl $ 1,411,930 $ 1,155,102 $ 1,311,850 $ 1,421,028 $ 109,178 Revenues: [2] Interest on Bank Deposits $ 2,372 $ 2,803 $ 5,000 $ 2,620 $ (2,380) [3] Sale of Textbooks/ Lost Fees 2,310 2,588 5,000 2,144 (2,856) [4] Sale of Used Books 1,500 359 (1,141) [5] State Reimbursements 745,564 745,103 788,385 787,033 (1,352) [6] Transfers From Other Funds 421,717 421,529 466,955 476,198 9,243 [7] Total Revenues $ 1,171,964 $ 1,172,023 $ 1,266,840 $ 1,268,354 $ 1,514 Expenditures: [8] Salaries $ 20,377 $ 17,813 $ 22,794 $ 16,076 $ 6,718 [9] Fringe Benefits 7,165 6,534 8,233 4,017 4,216 [10] Contractual Services - - 2,195 2,195 - [11] Payments to Publishers 1,401,250 887,306 2,545,467 1,589,593 955,874 [12] Planned Carryforward to Next Year [13] Total Expenditures $ 1,428,792 $ 911,653 $ 2,578,690 $ 1,611,881 $ 966,808 [14] Revenues Over / (Under) Expenditures $ (256,829) $ 260,370 $(1,311,850) $ (343,527) $ 968,322 [15] Balance June 30 $ 1,155,102 $ 1,415,471 $ - $ 1,077,501 * Actual fiscal year expenditures include encumbrances Frederick County Public Schools Pa�e.[L1 Fiscal Year 2014 -2015 Financial Report School Capital Projects Fund The school capital projects fund is a separate fund intended for the purchase of capital items that are not provided for in the annual school operating fund. This fund typically receives revenue from the local governing body through direct appropriation or through the transfer of funds from prior year remaining balances in the school operating fund. $779,609 in fund balance plus $79,205 in outstanding encumbrances was carried forward from FY 2014 to provide the FY 2015 beginning fund balance. The beginning fund balance plus a transfer of $542,594 from the operating fund provided $1,401,408 of FY 2015 available funds to spend. During FY 2015, expenditures and encumbrances totaled $919,743 for various major maintenance projects; including cafeteria floor replacement at Apple Pie Ridge Elementary School, roof replacement at Sherando High School, division -wide crisis management software, and remaining equipment purchases for full -day kindergarten. The resulting balance of $481,665 will be carried forward into FY 2016. Some of the items listed above should be supported by a sufficient funding level in the operating fund because they are part of the larger scope of the annual operating responsibilities of the school division. Restoration of such funding in the operating budget will allow for this fund to return to the practice of using it for special projects outside the norm of the operating fund, yet also not large enough for the construction fund. Frederick County Public Schools Pa��12 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools School Capital Projects Fund Year Ended June 30, 2015 [a] [b] [c] [d] [e] Variance 2012 -13 2013 -14 2014 -15 2014 -15 from Actual* Actual* Budget Actual* Adjusted Budget [1] Balance July 1 $ 442,256 $ 148,628 $ 779,609 $ 858,814 $ 79,205 Revenues: [2] Other Receipts [3] Local Funds - Frederick County $ 1,128,002 $ 800,883 $ 542,594 $ 542,594 $ - [4] Transfers from Other Funds 267,115 1,045,748 - - - [5] Transfers- Encumbrances from prior year - - 79,205 - (79,205) Total Revenues $ 1,395,117 $ 1,846,631 $ 621,799 $ 542,594 $ (79,205) Expenditures: [6] Capital Outlay $ 1,816,416 $ 1,215,650 $ 1,401,408 $ 919,743 $ 481,665 [7] Total Expenditures $ 1,816,416 $ 1,215,650 $ 1,401,408 $ 919,743 $ 481,665 [8] Fund Balance June 30 $ 20,957 $ 779,609 $ - $ 481,665 * Actual fiscal year amounts include encumbrances Frederick County Public Schools Pa�a±13 Fiscal Year 2014 -2015 Financial Report Construction Fund The active construction projects for FY 2015 were: • construction of replacement for FCMS; • continued design of the fourth high school; • final project costs for the new transportation facility; and • final expenditures for the elementary classroom project. A project -to -date summary is shown below and is provided in a different format on the financial statement. The amounts shown in bold represent active project balances at year -end, which will be automatically re- appropriated in the next fiscal year to provide for the seamless continuation of the project. Replacement FCMS: Transportation Facility: Beginning project amount $ 49,500,000.00 Beginning project amount $ 17,200,171.00 Expenditures through June 30, 2015 $(12,264,429.98) Expenditures through June 30, 2015 $(17,200,171.00) O/S Encumbrances @June 30, 2015 $(32,957,834.33) O/S Encumbrances @June 30, 2015 $( 0.00) Remaining project balance $ 4.277.735.69 Remaining project balance S 0.00 Cash received —bond proceeds $ 20,394,731.44 Cash received —bond proceeds $ 15,843,205.00 Cash received — premium proceeds $ 2,093,210.65 Cash received — premium proceeds $ 925,788.15 Cash received — interest earnings $ 41,441.75 Cash received — interest earnings $ 53,662.20 Cash received — easement proceeds $ 120,000.00 Cash received —other sources $ 359,568.38 Cash transferred to other sources $( 2,199,765.29) Cash disbursed for project $(17,182,223.73) Cash disbursed for project $(10 037,592.88) Accounts Payable @June 30, 2015 $ 0.00 Accounts Payable @June 30, 2015 $( 2,226,837.10) Cash /A /P balance @June 30, 2015 S 0 .00 Cash /A /P balance @June 30, 2015 S 8 185 188.57 Fourth High School: Elementary Additions: Beginning project amount $ 4,800,000.00 Beginning project amount $ 6,100,000.00 Expenditures through June 30, 2015 $(3,978,391.48) Expenditures through June 30, 2015 $(6,008,704.73) O/S Encumbrances @June 30, 2015 $( 541,501.72) O/S Encumbrances @June 30, 2015 $( 0.00) Remaining project balance $ 280.106.80 Remaining project balance $ 91 295.27 Cash received —bond proceeds $ 2,734,850.00 Cash received —bond proceeds $ 5,635,755.00 Cash received — premium proceeds $ 209,216.97 Cash received — premium proceeds $ 452,140.19 Cash received — interest earnings $ 4,661.19 Cash received — interest earnings $ 4,646.36 Cash transferred- undesignated fund $ 1,300,000.00 Cash received from other projects $ 7,912.85 Cash received from other projects $ 230,199.17 Cash disbursed for project $(6,008,704.73) Cash disbursed for project $(3,791,156.56) Accounts Payable @June 30, 2015 $( 0.00) Accounts Payable @June 30, 2015 $( 187,234.92) Cash/ A/P balance as of June 30, 2015 $ 91 749.67 Cash /A /P balance @June 30, 2015 $ 500 535.85 Frederick County Public Schools Pa�e714 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Construction Funds Year Ended June 30, 2015 Frederick County Public Schools Pa��S Fiscal Year 2014 -2015 Financial Report [a] [b] [c] [d] Cummulative Project Prior Years' 2014 -2015 Project Budget Receipts Actual Receipts Receipts [1] Balance July 1 $ 5,518,235 Revenues: [2] Interestlncome $ - $ 85,276 $ 19,136 $ 104,412 [3] Proceeds from Bond Sale 77,600,171 31,233,541 13,375,000 44,608,541 [4] Other Receipts - 1,877,621 1,628,563 3,506,184 [5] Miscellaneous - - - - [6] Total Revenues $ 77,600,171 $ 33,196,439 $ 15,022,698 $ 48,219,137 [a] [b] [c] [d] [e] [f] Cummulative Remaining Project Prior Years' 2014 -2015 Project Outstanding Project Budget Expenditures Actual Expenditures Encumbrances Balance Expenditures: [7] New Transportation Facility $ 17,200,171 $ 17,195,171 $ 5,000 $ 17,200,171 $ - $ - [8] Replacement FCMS 49,500,000 2,272,196 9,992,234 12,264,430 32,957,834 4,277,736 [9] Elementary School Additions 6,100,000 5,801,761 206,944 6,008,705 - 91,295 [10] Fourth High School -land &design 4,800,000 2,419,111 1,559,280 3,978,391 541,502 280,107 [11] Total Expenditures $ 77,600,171 $ 27,688,239 $ 11,763,458 $ 39,451,697 $ 33,499,336 $ 4,649,138 [12] Balance June 30 8,777,475 $ Frederick County Public Schools Pa��S Fiscal Year 2014 -2015 Financial Report Debt Service Fund The year -end balance in the debt service fund is $287,524. The fund balance is carried forward to offset the local share of debt service in the next fiscal year. During the fiscal year, FCPS received $275,783 from the federal government as an interest rebate subsidy for the Qualified School Construction Bonds (QSCB) program and $14,626,151 from the county for debt service obligations and administrative expenses. A transfer of $1,566,316 representing excess monies in the debt service fund were transferred to the school capital projects fund to help with major maintenance, security and safety project purchases. Debt was refinanced reducing interest payments owed; therefore, interest expense savings were realized which helped contribute to the fund balance of $287,524. As of June 30, 2015, there were 34 active debt issues. The total principal and interest payments, along with the management fees for the debt issues, totaled $13,970,830. A summary of the outstanding indebtedness is shown below. Outstanding debt at June 30, 2014 $ 103,937,277 New debt incurred during FY 2015 $ 13,375,000 Principal payments on existing debt during FY 2015 ($ 9,236,871) Outstanding debt at June 30, 2015 $ 108,075,406 * During FY 2015, FCPS participated in the fall 2014 Virginia Public School Authority (VPSAJ bond sales for $13,375,000. This borrowing was used to fund the construction of the replacement Frederick County Middle School. Frederick County Public Schools Pa��116 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Debt Service Fund Year Ended June 30, 2015 [a] [b] [c] [d] [e] 14,902,231 $ 14,897,651 $ Variance $ 4,283 2014 -15 from 2012 -13 2013 -14 Adjusted 2014 -15 Adjusted Actual Actual Budget Actual Budget [1] Balance July 1 $ 21,049 $ 20,158 $ 857,000 $ 922,736 $ 65,736 Revenues: [2] Federal - QSCB $ 284,559 $ 276,080 $ 271,500 $ 275,783 $ 4,283 [3] Local Funds - Frederick County 14,626,151 14,626,151 14,626,151 14,626,151 - [4] Transfers from Other Funds [5] Total Revenues $ 14,910,710 $ 14,902,231 $ 14,897,651 $ 14,901,934 $ 4,283 Expenditures: [6] Principal Payments $ 9,056,755 $ 8,978,905 $ 9,236,871 $ 9,236,871 $ - [7] Interest Payments 4,869,297 3,961,150 4,926,464 4,718,909 207,555 [8] Miscellaneous 12,950 13,850 25,000 15,050 9,950 [9] Total Expenditures $ 13,939,002 $ 12,953,905 $ 14,188,335 $ 13,970,830 $ 217,505 [10] Transfers to Other Funds $ 972,599 $ 1,045,748 $ 1,566,316 $ 1,566,316 [11] Balance June 30 $ 20,158 $ 922,736 $ - $ 287,524 Frederick County Public Schools Pa��117 Fiscal Year 2014 -2015 Financial Report Insurance Reserve Fund The insurance reserve fund accounts for the premiums received and health claims paid for participating employees. The fund balance is generated from medical and dental premiums paid by the school system and employees exceeding insurance carrier payments for those claims. Likewise, the fund balance could decrease for claims exceeding premiums paid. A range for projected claims expense and health care utilization is prepared by the insurance carrier. Premiums are set within the projected range. The health insurance program provided coverage for about 1,766 FCPS employees and retirees plus their dependents. The program includes three medical plan options, one vision, and one dental plan —all provided by Anthem. The three medical plan options are known as KeyCare 300, KeyCare 30, and the Health Savings Account (HSA) plan. Column [e] shows the current year activity compared to expected and maximum levels shown in columns [c] and [d]. Medical and dental claims, affordable care act and other expenses for FY 2015 were $16,092,508, above the expected level of $16,040,001. The insurance reserve fund year -end balance increased by $17,115 to an ending balance of $3,639,783. The fund balance equates to just under three months of claims activity. The fund balance is assigned to support future health claims. Columns [f] and [g] provide a range of activity projected for FY 2016. It is important to maintain a fund balance sufficient to support claims which may reach maximum liability. Frederick County Public Schools Pa�e�18 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Insurance Reserve Fund Year Ended June 30, 2015 [1] Balance July 1 Revenues: [2] Interest on Bank Deposits [3] Health Insurance Premiums [4] Donations /Grants /Other [5] Total Revenues [11] Total Expenditures [a] [b] Actual Actual 2012 -2013 2013 -2014 $ 2,340,363 $ 2,312,491 [c] Expenditures: [6] Contracted Activities [7] Taxes &Fees [8] Supplies [9] Health Care Claims [10] Dental Claims [11] Total Expenditures [a] [b] Actual Actual 2012 -2013 2013 -2014 $ 2,340,363 $ 2,312,491 [c] [d] [e] Maximum Maximum Claim Expelled Claim 2015 -16 Activity Liability Actual 2014 -15 2014 -15 2014 -15 $ 3,622,668 $ 3,622,668 $ 3,622,668 [fl [g] Maximum Expelled Claim Activity Liability 2015 -16 2015 -16 $ 3,639,783 $ 3,639,783 [1] $ 9,281 $ 11,775 $ 10,979 $ 10,979 $ 12,026 $ 11,500 $ 11,500 [2] 14,765,127 15,616,995 16,103,513 16,103,513 16,094,732 16,290,766 16,290,766 [3] 9,254 2,865 [4] $ 14,774,408 $ 15,638,024 $ 16,114,492 $ 16,114,492 $ 16,109,623 $ 16,302,266 $ 16,302,266 [5] $ 12,221 $ 6,456 $ 50,000 $ 50,000 $ 294,921 $ 100,000 $ 100,000 [6] $ 3,061 [7] 5,218 3,327 [8] 13,927,856 13,430,301 15,030,642 17,226,336 14,788,283 15,653,405 18,001,416 [9] 862,203 885,873 959,359 959,359 1,002,916 1,000,000 1,000,000 [10] $ 14,802,280 $ 14,327,847 � $ 16,040,001 $ 18,235,695 $ 16,092,508 � $ 16,753,405 $ 19,101,416 [11] [12] Revenues Over (Under]Expenditures $ [13] Balance June 30 $ (27,872) $ 1,310,177 I $ 74,491 $ (2,121,203) $ 17,115 $ (451,139) $ (2,799,150) [12] 39,783 $ 3,188,644 $ 840,633 [13] Frederick County Public Schools Pa�cRY9 Fiscal Year 2014 -2015 Financial Report Northwestern Regional Educational Programs (NREP) Funds Frederick County Public Schools is the fiscal agent for the NREP program. The school divisions of Winchester City and Frederick and Clarke Counties fund the program along with some federal and state dollars. The NREP program provides intense services to multiple disabled students, emotionally disabled students, autistic students, hearing impaired students, deaf /blind students, and preschoolers with various disabilities. The program also provides outreach services to daycares and homes, as well as occupational, physical, and speech therapy services. About 240 students are served by this program. Total revenues were $4,505,455 and were $219,063 less than budgeted. This amount represents a reduction in the localities' contributions due to the distribution of the FY 2014 surplus of $220,262, as well as positive variances in interest earnings and tuition payments of $1,199. Expenditure savings of $586,375 were realized throughout the year. The residual surplus is $218,442, which will be credited back to the localities in FY 2016. The residual surplus was generated from personnel vacancy savings, reduced contracted service costs for speech therapy and hearing impaired interpreting. Program savings were also realized in instructional supplies and travel costs. The NREP textbook fund concluded the year with a fund balance of $38,493. The fund balance is accumulated over time and is assigned to future disbursements driven by textbook adoption requirements. Frederick County Public Schools Pa�c+�0 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Northwestern Regional Educational Programs (NREP) Funds Year Ended June 30, 2015 OPERATING FUND Balance at July 1 REVENUES: [1] Interest [2] Tuition [3] Revenue from Commonwealth [4] Revenue from Federal Government [5] Local Funds -- Frederick County, Winchester City, and Clarke County [6] TOTAL REVENUES EXPENDITURES: [7] Instruction [8] Administration, Attendance &Health [9] Pupil Transportation Services [10] Operations and Maintenance [11] Food Services [12] Fund Transfers /Contingency [13] Technology [14] TOTAL EXPENDITURES [a] [b] [c] [d] 220,262 [e] 2012 -13 2013 -14 2014 -15 2014 -15 Variance Actual Actual Adjusted Actual* from Budget Adj. Budget $ 218,333 $ 54,495 $ 369,132 $ 220,262 $ (148,871) $ 1,467 $ 1,494 $ - $ 1,196 $ 1,196 9,598 7,560 7,400 7,403 [1] Interest 3 26,000 26,000 40,078 40,078 $ 0 4,143,693 4,421,400 4,677,040 4,456,778 25,000 (220,262) $ 4,180,758 $ 4,456,455 $ 4,724,518 $ 4,505,455 $ (219,063) $ 3,556,788 $ 3,493,474 $ 4,210,566 $ 3,662,691 $ 547,876 176,353 177,625 184,563 183,113 1,450 538,429 544,694 621,921 584,921 37,000 23,952 25,000 25,000 25,000 0 49,073 49,895 51,599 51,550 49 $ 4,344,596 $ 4,290,687 $ 5,093,650 $ 4,507,275 $ 586,375 [15] Balance at June 30 $ 54,495 $ 220,262 $ - $ 218,442 * Actual fiscal year expenditures include outstanding encumbrances at year end. TEXTBOOK FUND Balance at July 1 $ 20,283 $ 25 $ 10,000 $ 13,409 REVENUES: [1] Interest $ 24 $ 48 $ - $ 85 [2] Transfers from NREP Operating Fund 23,952 25,000 25,000 25,000 [3] TOTAL REVENUES $ 23,976 $ 25,048 $ 25,000 $ 25,085 EXPENDITURES: [4] Payments for textbooks [5] TOTAL EXPENDITURES Balance at June 30 $ 44,234 $ 11,664 $ 35,000 $ $ 44,234 $ 11,664 $ 35,000 $ $ 3,409 $ 85 $ 85 $ 35,000 $ 35,000 Frederick County Public Schools Pa�e.Q1 Fiscal Year 2014 -2015 Financial Report Consolidated Services Fund The consolidated services fund accounts for the transaction activity associated with building services provided to county buildings and the Handley Regional Library, as well as vehicle services provided to the school division and outside agencies. FY 2015 was the third year of accounting for the vehicle services within this enterprise fund. The transportation facility is located on Route 522 south and is equipped for fleet maintenance and fueling services to support the school division. Services are also provided to some county offices and departments, and volunteer fire and rescue stations. The facility operations include vehicle repairs, tire changing, washing and fueling, and inspections. The facility is staffed by heavy -duty and light -duty mechanics. Most of the service mechanics hold Automotive Service Excellence (ASE) certifications in their respective fields. Fleet services are billed to user agencies on a cost recovery basis. The charges are comprised of full recovery of all direct and indirect expenses associated with the service provided. FY 2015 revenues totaled $2,892,935 and expenses totaled $2,838,116. The excess of revenues over expenditures is $54,819 and contributes to the fund balance. The surplus was primarily due to savings realized in utilities. Frederick County Public Schools Pa��12 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Consolidated Services Fund Year Ended June 30, 2015 Balance July 1 [1] Revenue: [2] Building Services Billings to Regional Library Board Billings to County Government Sub -total Building Services [3] Vehicle Services Billings to FCPS Billings to Outside Agencies Other Receipts Sub -total Vehicle Services [4] Transfers from School Operating Fund [5] Prior Year Encumbrances [6] Total Receipts [7] Expenditures: [8] Building Services County Administration Building Bowman Regional Library Other Agencies Sub -total Building Services [9] Vehicle Services Salaries Fringe Benefits Purchased Services Other Charges Materials and Supplies Capital Outlay Sub -total Vehicle Services [10] Total Expenditures [11] Revenues Over/ (Under) Expenditures [12] Balance June 30 [13] Balance Nonspendable - Inventory [14] Unreserved fund balance [a] [b] [c] [d] $ 2,685 [e] 1,515 210 2014 -15 5,435 8,400 Variance 2012 -13 2013 -2014 Adjusted 2014 -15 2,084 from Actual Actual Budget Actual Adj.Budget $ 232,220 $ 232,220 $ - $ 305,151 2,718 $ 610,009 $ 210 $ 5,435 $ 4,900 $ 7,294 $ 2,394 9,590 3,053 10,100 4,988 224,703 (5,112) $ 9,800 $ 8,488 $ 15,000 $ 12,282 $ (2,718) $ 2,459,703 $ 2,714,744 $2,858,678 $ 2,391,844 $ (466,833) 101,746 243,544 226,322 481,239 254,916 57,209 - 7,570 - 7,570 $ 2,618,658 $ 2,958,288 $3,085,000 $ 2,880,653 $ (204,347) $ 54,132 $ 4,289 $ - $ - $ - $ - $ - $ 19,750 $ - $ (19,750) $ 2,682,590 $ 2,971,065 $3,119,750 $ 2,892,935 $ (226,815) $ 4,237 $ 1,152 $ 4,200 $ 2,685 $ 1,515 210 5,435 8,400 7,294 1,106 5.352 2,084 2,400 2,303 97 $ 9,799 $ 8,671 $ 15,000 $ 12,282 $ 2,718 $ 610,009 $ 638,096 $ 672,214 $ 657,723 $ 14,492 218,163 229,546 234,373 224,703 9,670 67,187 46,044 16,098 15,049 1,048 80,103 104,054 182,534 63,549 118,986 1,697,330 1,870,615 1,999,531 1,864,810 134,721 - 1,107 - - - $ 2,672,791 $ 2,889,462 $3,104,750 $ 2,825,834 $ 278,916 $ 2,682,590 $ 2,898,133 $3,119,750 $ 2,838,116 $ 281,634 $ - $ 72,932 $ 54,819 $ 232,220 $ 305,151 $ - $ - $ 256,860 $ 103,110 Frederick County Public Schools Pe'p�3 Fiscal Year 2014 -2015 Financial Report Special Grants Fund The special grants fund is a fiduciary fund which accounts for the transaction activity associated with the special grants or programs for which Frederick County Public Schools is the fiscal agent. These grants may be multi -year ormulti- jurisdictional grants and fall outside of the typical K -12 programs for FCPS. Active grants and programs include the Chain of Checks and a miscellaneous donation for the benefit of low - income students. The year -end fund balance of $3,403 includes respective balances of $3,314 for Chain of Checks and $89 for the low- income program, both of which are expected to be expended in FY 2016. Frederick County Public Schools Pa�e�24 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Special Grants Fund Year Ended June 30, 2015 Balance July 1 REVENUES: [1] Donations and Grants Fees from Business &Industry Tuition Payments from Localities Revenue from the Commonwealth Revenue from the Federal Government [2] Sub -total Regional Adult Ed. Revenues [3] Federal Grant - Teaching American History [4] TOTAL REVENUES EXPENDITURES: [5] Chain of Checks [6] At Risk /Low Income [7] Teacher of the Year [8] Regional Adult Education [9] Teaching American History [10] TOTAL EXPENDITURES [11] Balance June 30 [a] [b] [c] [d] 2012 -13 2013 -14 2014 -15 2014 -15 Actual Actual Adjusted Actual - 6,290 Budget - $ 20,898 $ 31,113 $ 12,471 $ 12,471 $ 27,072 $ 510 $ - $ - $ 4,134 $ - $ - $ - 155,489 - 6,290 - - - 93,903 - - - - $ 253,525 $ - $ - $ - $ 429,029 $ 34,040 $ - $ - $ 709,626 $ 34,550 $ - $ - $ 2,881 $ 7,813 $ 12,307 $ 8,994 - 346 164 75 - 4,072 268,133 6,290 - - 428,397 34,671 - - $ 699,411 $ 53,192 $ 12,471 $ 9,069 $ 31,113 $ 12,471 $ 0 $ 3,403 Frederick County Public Schools Pe'p�5 Fiscal Year 2014 -2015 Financial Report Fiduciary Funds The school division maintains aprivate- purpose endowment fund and aprivate- purpose income fund. The endowment fund activity includes contributions and management expenses associated with the principal or corpus. The income fund activity includes miscellaneous restricted donations, interest postings, disbursements, and fund transfers. Fund balances are brought forward each year into the next fiscal period. The fund balance at June 30, 2015, is comprised of the following: Private - Purpose Endowment Funds ➢ Armstrong Foundation Scholarship Fund —This fund accounts for funds provided by the Armstrong Foundation. Earnings are used to provide scholarships to deserving students of the Frederick County, Virginia schools. ➢ Della Stine Scholarship —This fund accounts for funds provided by a private donor. Earnings on fund assets may be used to provide a scholarship to a deserving student who attended Dowell J. Howard Learning Center. Private - Purpose Income Fund ➢ The Armstrong Foundation, Della Stine, and Axalta Scholarship Funds are used for the restricted purpose of providing scholarships to students at the three Frederick County high schools. The two endowed funds are used to support the respective annual scholarship when interest income is insufficient. ➢ Bright Futures is anon- profit organization that helps schools connect student needs with resources that already exist in the community. Resources can be in the form of donations of money, supplies, or time. ➢ The Teacher of the Year award is presented each year during convocation. The recipient receives a plaque, a ring featuring the school division's logo, a Chromebook, and a spending account to be used for instructional materials, supplies, or travel. Frederick County Public Schools Pa��16 Fiscal Year 2014 -2015 Financial Report Private- Purpose Private- Purpose Endowment Balance Income Fund Balance Armstrong Foundation Scholarship $ 227,862 $(1,922) Della Stine Scholarship $ 13,464 $ 48 Axalta Scholarship N/A $ 500 Bright Futures Program N/A $ 8,097 Teacher of the Year N/A $ 3,125 Total._. $ 241,326 $ 9,848 Private - Purpose Endowment Funds ➢ Armstrong Foundation Scholarship Fund —This fund accounts for funds provided by the Armstrong Foundation. Earnings are used to provide scholarships to deserving students of the Frederick County, Virginia schools. ➢ Della Stine Scholarship —This fund accounts for funds provided by a private donor. Earnings on fund assets may be used to provide a scholarship to a deserving student who attended Dowell J. Howard Learning Center. Private - Purpose Income Fund ➢ The Armstrong Foundation, Della Stine, and Axalta Scholarship Funds are used for the restricted purpose of providing scholarships to students at the three Frederick County high schools. The two endowed funds are used to support the respective annual scholarship when interest income is insufficient. ➢ Bright Futures is anon- profit organization that helps schools connect student needs with resources that already exist in the community. Resources can be in the form of donations of money, supplies, or time. ➢ The Teacher of the Year award is presented each year during convocation. The recipient receives a plaque, a ring featuring the school division's logo, a Chromebook, and a spending account to be used for instructional materials, supplies, or travel. Frederick County Public Schools Pa��16 Fiscal Year 2014 -2015 Financial Report Frederick County Public Schools Fiduciary Funds Year Ended June 30, 2015 [a] [b] [c] [d] FY13 -14 FY13 -14 FY14 -15 FY14 -15 Private - Purpose Private - Purpose Private - Purpose Private - Purpose Endowment Income Endowment Income [1] Balance July 1 $ 252,113 $ 27 $ 263,240 $ 13,524 REVENUES: [2] Interest on Bank Accounts $ [3] Interest on Investments [4] Donations and Grants [5] Transfers from Other Funds [6] Investment Earnings [7] TOTAL REVENUES $ 15,343 $ 24,589 $ - $ 16,730 EXPENDITURES: [8] Scholarship Payments $ [9] Other Expenses [10] Other Operating Supplies [11] Instructional Supplies [12] Technology Hardware [13] Transfers to Other Funds - $ 584 $ - $ 613 1,878 - - 13,464 20,005 - 16,117 - 4,000 - - [14] TOTAL EXPENDITURES $ [15] Balance June 30 $ 263,240 $ 13,524 $ 241,326 $ 9,848 - $ 8,500 $ - $ 14,000 216 - 12,533 - - 2,571 1,521 2,747 2,128 4,000 21 9,381 12 4,216 $ 11,092 $ 21,914 $ 20,407 Frederick County Public Schools Pa��47 Fiscal Year 2014 -2015 Financial Report if�G� �� i�° ,. k�� ��� "��mk��'�� a ��N �w��N���t��d.oN`1� °��� �.t1� �� "��,.�. ���,. °P,�'t� � �e.�V�ttl:�� %.�d,�1 ° "k Executive Director of Finance fryel @frederick.k12.va.us DATE: September 8, 2015 TO: Cheryl Shiffler, Director of Finance — County of Frederick FROM: Lisa K. Frye, Executive Director of Finance - FCPS ,, ��„ ,�,�� ,,k�� ^,P. SUBJECT: FY16 Budget Items for Consideration by the Board of Supervisors At their meeting, September 1, 2015, the School Board approved the following budget adjustments which are subject to consideration and approval by the Board of Supervisors. Please include the following requests for FY2016 budget adjustments on the agenda for the County Finance Committee meeting scheduled for September 16, 2015. I. Budget adjustment for the school operating fund A FY2016 budget adjustment to the school operating fund is requested for $123,737.04, which represents funds received during FY2015 and are to be used for their specified purposes including mentor teacher programs, algebra readiness program, and other miscellaneous purposes. II. Budget adjustment for school capital projects fund The school board is requesting a FY2016 budget adjustment to the school capital projects fund for $314,746.72, which represents the total of the un- obligated surplus in the school operating fund. Approval of this request will provide appropriation for the purchase of replacement school buses. C: David T. Sovine, Ed.D., Superintendent Brenda G. 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I��� �� ������;� ��...........p � �� ������� �� I W V z Q DC Q J Q V Q w � � z ,_,., w � � Q � � m J V cc W LL N a CC 00 Cfl cfl O N � � O 00 � N 00 O � � � I� � O 00 � M I� � O 00 � N_ 00 O_ O � � N O M I� O O �� .--� `�� I� � 00 00 � O N_ CEO M I� M I� O_ O O N � 00 N O Cfl Cfl N 00 `�� zi` �� .• �J .• Q 0 m N • • .• `• Tom: O M_ O ti N M M �_ 00 ti M Q 0 D Q O_ N_ CEO �� �� �� can U �_ M_ � � N ti � O Cfl Cfl N 00 `�� zi` �� .• �J .• Q 0 m N • • .• `• Tom: O M_ O ti N M M �_ 00 ti M Q 0 D Q .� can U � � � � � � 0 _� _o Q O � � Qi � V � O a� � � �--� cry U � O O Cfl Cfl N 00 `�� zi` �� .• �J .• Q 0 m N • • .• `• Tom: O M_ O ti N M M �_ 00 ti M Q 0 D Q ti ��� ROBERT T. WILLIAM5OP1 Sheriff s 1080 COVERSTOIVE DRIVE WliVCHESTER, VIRGlIVIA 22602 540/662 -6168 FAX 540/504 -6400 TO : AngeIa Whitacre, �- Treasurer's Office FROM :Sheriff R. T. Williamson SUBJECT :Reimbursement DATE :August 27, 2015 MAJOR C.L. VANMETER Chief Ceputy Cd'" .(4 ���i_ C?< �� �� � �� � �� o� ro �,,< ,,�� JS �` �� ��y .� Attached please find checks from the U. S. immigration &Customs Enforcement totaling $697.88. This amount represents reimbursement for hotel expenses during an investigation. We are requesting this amount to be posted to revenue line 1 OFL 3- 010- 019110 -0058. A copy of this memo will be sent to Finance for appropriation. Thank you RTW /adl U. S. IMMIGRATION &CUSTOMS ENFORCEMENT fi09 WEST 26TH'S7REET RM700 NEW YORK, NY X0001 CHASE ®� 7PMotgan Chase Bank. N.A. www.Chase:com �.: 1- --217 210 1 � �. D �._. � �� ROBERT T. WILLIAhASOAI Sheriff • 1080 COVERSTOBVE DRIVE WINCHESTER, VIRGINIA 22502 540/662 -6168 FAX 540/504 -6400 TO :Angela Whitacre, -� Treasurer's ffice FROM : Sheriff R. T. Williamson SUBJECT :Reimbursement DATE :August 27, 2015 hAAJOR C.L. VANMETER Chief Deputy � �� � � '�f�w .A7 T � `�Cr �6�> �..,; 0� -. � ���r�� '���,ct.`, a.. y �_. �r1J,. ,. Attached please find checks from the Circuit Court of Virginia totaling $313.70. This amount represents reimbursement for extraditions conducted in July. We are requesting this amount to be posted to revenue line 1 OFL 3- 010 - 019110 -0058. A copy of this memo will be sent to Finance for appropriation. Thank you RTW /adl ... ,,: 1 ������c� cou�a� �° ��� �2f315 - .,nor #n�c� ca��a�a�ti�� -���- 'I'o: Finance Committee Frown: Jon Turkel, Park and Stewardship Planner.���°i� Through: Jason Robertson, Parks and Recreation Director Subject: Transfer of Funds Date: September 3, 2015 C ®LINTY of FREDERICK ' Parks and Recreation Department 540 - 665 -5678 FAX: 540- 6b5 -9687 www.fcprd.net e -mail: fcprd(cr�fcva.us The amount of $2,000 was received from the Virginia Propane Gas Association for the conversion of two park mowers to use propane fuel. Parks and Recreation is requesting these funds be transferred from Donations (018990- 003) to Vehicle and Powered Equipment Supplies {4- 010- 71090W540$ -000 -000 ($1,000 Clearbrook Park }) and {4 -010- 071100- 5408 -000 -000 {$1,000 Sherando Park)) for the conversion. 107 North. Kent Street Wincl�ester�vjA 2260] COUlITTY OF FREDFRICi�, VIRGINIA FIRE AND RESCUE DEPAR3'MEN3' 10$0 Coverstone Drive Winchester, VA 22602 Dennis D. Limburg _ Fire Chief C ®iJNT�' OF FREDERICK, VIRGINIA � � x W � � FIRE AND RESCUE DEPARTMENT ;,•�' ^f 1080 Coverstone Dzive �7sa Winchester, VA 22602 Dennis D. Limburg Fire Chief The :Fire and Rescue pepartment is requesting a FY'! 5 fund carry forward of $64;000 from line item'35050 -v4'l O -�OOO; .Uniforms'& Wearing Apparel to the same fine item in the �Y16 budget. These funds will b� used- for outfitting ten new employees;. If you ha�ie any questions or need additional information, please do not hesitate to contact me. DDL:rnsn CC: file �� �� Office (5�0} 665 -5618 dlinabu�i�fcva.us d Fay (540) 678 -4739 2 iPROlsasAL PREPARATION & PRaFOSAt SUBMISSIONS Jell applEi�ati�ns mum be c�mpieted and received, either vl'a e- inroad �r by hard campy delivery, by December �, ZIJi4 at 5:Qa p.rrt, Applications maybe submitted electronically to )plate @fc�a.us if the organization is able to pp � P S q PP � —- y � ._... � � tc file . submit the a licatian, inctudin re ulred attachments, referabl as a stn to electron Electronic submissions a com leted a €ication that i5 s€ ned and scanned into a sin � , „, document) must be to the same format as hard copy subm €sstans and submitted by December 8, Zt71� at 5:D0 p.m .Hard -copy submittals may be delivered by the same December 8, 21)14 at �:DD p.rn. deadline to the address befow: Attn: Jennifer L Place, Risk Manager /Budget Analyst County of Frederick, Virginia Finance Department 1U7 North Kent street Winchester, VA 22601 R. Agency Information Agency Name Nartherrt Shenandoah Valley Regional Carnrn. Agency i:mali __ ,,._ Agency Address 400 I(endrick Lane - Suite E Agency Phone +1 {540) b36 -e8a0 Agency Fax €Vane Website iVSVregion.arg Federal Tax ID � 54- 0891526 Contact Person Martha 5hlckle � Job Title Executive Director Contact Email mshitkle @nsvregian.arg Contact Phone +1 (S40} 636 -8800 Funding Request Amount t'9�+� f�Qrnipe } 5 ��; p � e - �,� � �} = � �i 3 �i .y $ Signature afAuthar €zed !nd €�idual � �.,. �By signing this document you agree that you are in compliance with all local, stag, and federal laws, 1`Y��llo i-u.n�lnc� = ��Yc��`7, OU 8. General Information. Responses may not exceed a total of two pages for sN questions in this section. 1. Mission 2. Year Founded �. Years operating ira Frederick county providing descr €bed Services 4. hAajdr agency milestones 5. Unduplicated cli'entsjindividuais served between July 1, 2Q1� and June 30, 2014 2 � Page 54 Financiai infor'natian ................. .. . FY 16 FY13 FY 14 :rY 15 Requested! PEanned FUN�lNG S�IJRCES County of Frederick i3udget Appropriation 543,622.00 $43,622.00 $44,085.00 $101.107A0 other lava[ Governments $85,225.00 585,224.00 $85,S40.OD 5237,163.00 Federai Governments 5853,140.00 $1,102,581.00 5298.562.00 5497,251.00 Fundraising 52,750.D0 55,000.00 55,OD0.00 $5,000.OD Other Funding S53fi,849,00 5970,272.00 Si,931,715.00 5354,699.00 TOTAL 51,531,586A0 52,206,699.00 52,365,402.00 $1,196,230A0 Frederick Country Funds as a 96 of total funding sources 39b �� 2% 896 ����„7ET II PERSONNEL 5.336,305.00 $1,842,231.00 Salaries and Wages 5457,30000 5492,208.00 5500,D00,00 5440,000.00 FringeBenefrts 5165,135.00 $179,555.00 $174,000.00 5163p36.00 TOTAL Pi= RSONfVEL SG32,435.00 5471,763.00 5674,000.00 5653,436.00 dPERAT10N5 munications $18,OOOAO 520,250.00 $25,500.00 525,500.00 S5,D00.00 55,ODD.00 58,000.00 S8,0DD.00 $1,000 � 570D.00 5700.00 $700.DD $10,000.00 $9,000.00 58,500.00 58,50D.00 4 cquipmenzrur�na�c��c�aen��u Maintenance 53,500.00 55,000.00 $S,000.OD 55,000,00 Travel 518,500.00 520,000.00 527,500.00 527,50D.00 Prflfessionai Development 57,500.00 57,000.00 $8,735.00 58,500.00 Office Supplies $6,000.00 54,000.00 53,500.00 53,500.00 Prof. Services (saga!, accounting, fundraising, consultants 5120,460.00 5180,000.00 5411,D00,00 5132,135.00 Dues ar�d 5ubscripiions 55�000A0 57,500.00 $12,025.00 512,250.00 Other 561,760.00 $1,275,841.00 51,151,845.00 $1,610,62b.00 TOTRLOPERATIONS 51,522,090.00 52,2D6,054.00 5.336,305.00 $1,842,231.00 CAPfTAL PRa1EC�f5 TQTAL BUDGET 51,52,090.00 52,206,054.00 52,336,3D5.00 51,842,231.00 4 � Page 55 D Frederick County, Virginia Funding Request FY 2015 13. General Information. Responses may not exceed a total of two pages for all questions in this section. 1. Mission: The Northern Shenandoah Valley Regional Commission (NSVRC) is authorized under VA Code Section 15.2. Planning District Commissions are public bodies, the purpose of which to "encourage and facilitate local government cooperation and state -local cooperation in addressing on a regional basis problems of greater than local significance, The cooperation resulting is intended. #o facilitate the recognition and analysis of regional opportunities and take account of regional influences in planning and implementing public policies and services. Functional areas warranting regional cooperation may include, but shall not be limited to: (i} economic and physical infrastructure development; (ii) solid waste, water supply and other environmental management; (iii) transportation; (iv} criminal justice; (v }emergency management; (vi} human services; and (vii} recreation." 2, Year Founded: NSVRC was established through execution of a charter agreement among the founding jurisdictions dafed May 10, 1970. 3, Years operafing in Frederick County providing described Services: Frederick County was a charter member and has been part of the NSVRC since 1970. 4. Major agency milestones: The NSVRC has adapted over the years providing a variety of services authorized under Virginia Code. Mast recent projects in Frederick County include: - 2013 Submission of the regional Recycling Rate Report to DEQ (including Frederick County} - 2012 funding from the VA Departmen# of Emergency Management far acquisition of generator hookup equipment far Frederick County - Ongoing planning and project management through the Rural Long Range Transportation planning program funded by VDOT and housing and community development programs (including HOME & NSP HUD and DHCD }. - 2013 application (successful} and administration of funds through the SAFER grant program to promote volunteerism in local fire and rescue companies serving Clarke and Frederick Counties and the City of Winchester. 5. Unduplicated clienfs /individuals served between July 1, 2013 and June 30, 2094: 8. Number of households served between Juiy 1, 2013 and June 30, 2094: 7. Number of unduplicated clients /individuals that are Frederick County residents: NSVRC is a regional planning organization that supports local governments and state agencies in developing efficient delivery of services and effective planning in a variety of areas, Typically, NSVRC does not work directly with individuals. However, partnerships developed with the NSVRC have led to significant funding for organizations that support housing and community development needs. Organizations that serve Frederick County include, though not limited to: AIDS Response Effort, Biue Ridge Housing Network, Community Housing Partners, Help with Housing, Northwestern Community Services, and Faithworks. These organizations receive funding through NSVRC to support their organizations' mission to meet community needs. 56 r� In addition fo these organizations, the NSVRC works with a number of local and regional organizations that serve Frederick County to enhance services and bring resources to the community. �fhese include; the Lord Fairfax Soil and Water Conservation District, Frederick Economic Development Authority, the Lord Fairfax Small Business Development Center, Shenandoah university and Lord Fairfax Community College. NSVRC partners with these organizations to iden #ify partnerships and programming opportunities to enhance access to information and resources among organizations and citizens. 57 D C. Agency Services. Respond to each of the following items. Responses may not exceed a total of 5 pages for all questions in this section. 1. Please provide a brief descripfion of fhe services provided in Frederick County, including: a. Program acfivify and descripfion: NSVRC provides core services to localities in the region including Hazard Mitigation Planning, Housing and Community Development planning and project management, Natural Resource Planning and Urban &Rural Transportation Planning. Frederick County is a recipient of services and support through each of these program areas and is represented on NSVRC committees including the Hazard Mitigation Planning Steering Committee, the regional Housing and Community Services Policy Board, the Solid Waste Management Technical Committee, Natural Resources Advisory Committee, the WinFred Metropolitan Planning Organization and fhe Rural Transportation Planning Technical Committee. In addition to regional programs, NSVRC is available to assist the County with a variety of localized technical assistance activities at the request of fhe jurisdiction. b, Now many years you have provided fhe service and client service numbers for fhe lasf three years. NSVRC has provided the same (or comparable) core services to its member jurisdictions since its Charter in 1970. NSVRC currently has 13 member jurisdictions including the City of Winchester, Counties of Clarke, Frederick, Page, Shenandoah and Warren, and the Towns of Berryville, Front Royal, Luray, Middletown, Stephens City, Strasburg and Woodstock, The NSVRC also provides staff support to the WinFred MPO. c, The achievement of fargef goals. NSVRC has operated in a sound manner for the last several years and been increasingly responsive to local jurisdiction neerjs. NSVRC has been effective in grant seeking and identification of new revenue sources to accomplish a variety of non - locally funded projects. NSVRC is in good standing with its funding agency partners, including those who fund the WinFred MPO. 2, Please describe fhe method of measuring fargef goats. Each Spring, the NSVRC establishes an annual work program that guides staff activities in fhe coming Fiscal Year, The Work Program is constrained by actual funding awarded (or anticipated) for operation of programs, Core programs include Hazard Mitigation, Housing and Community Development, Natural Resources and Transports #ion, The NSVRC and WinFred MPO annual work programs also identify special local technical assistance projects slated for the fiscal year. These projects are identified throughout the year in response to locality requests. Program accomplishments are assessed based on the metrics provided by funding partners. Additionally, program accomplishments are assessed by the jurisdic #ions who participated in the programs based on whether the project or program was meaningful andlor met a goal of the iocaiity. 3. Please explain your collaborations wifh other agencies Deparfinentsj who may provide similar or related program County departments; - Administration - - Economic Development Authority - - Fire and Rescue - Information Technology & G15 - within Frederick County (including County s. NSVRC actively works with the following Planning &Development Public Works (Engineering, Landfill, Recycling) Social Services NSVRC also works closely with the Town of Stephens City and the City of Winchester in addition to County staff for WinFred MPO administration. 4. Please explain the positive impacts your services will have on Frederick County. The primary objective for NSVRC is to identify cost saving opportunities for partnership to meet state and federal program requirements and opportunities. NSVRC leverages partnerships among jurisdictions to qualify for additional funding for projects and to streamline costs associated with required communication, documentation and compliance with state and federal agencies. The purpose of the WinFred MPO is to provide planning support and services to the urbanized areas of the region In preparation. for transportation related improvements. NSVRC assists the County, City and Town in planning for future transportation needs over 30 year time horizon. S. What changes have been made within your agency from the previous year (including the Increase in clients) and what are your goals far this year? Please indicate if there have been none. NSVRC initiated a strategic planning process in 2012 which concluded in fall, 2013. The process began with a regional assessment that included a survey of member localities, stakeholders and partners to determine the perception of the Commission and program effectiveness throughout the region. Following the survey, the Commission reviewed results and established priorities for moving forward to hest serve the needs in the region. 1n FY 2016, NSVRC will continue to pursue the goats identified in the strategic planning process. These goals include continued support for existing programs, establishment of a committee structure for the Commission that better integrates technical work with policy objectives, and cultivation of opportunities to support local and regional needs in the areas of Natura! Resources, Tourism and programs that support economic viability in the region. This year's request includes an additional special assessment to support Natural Resources planning activities- specifically related to WaterSupply and Quality planning. 6. Please describe specifica!!y how you will use Frederick County funds Identifying at least three measurable goals. Funding provided by Frederick County and all member and participating jurisdictions will be allocated to projects as follows: 27% to support Transportation Programs (including Rural and Urban Planning, Transportation Demand Management); 37% to support Natural Resources and Solid Waste Planning (including the special water assessment); 4% to support Hazard Mitigation; 15% to support Community Development and Housing Programs; 59 �a and 17% to support local technical assistance and regional projects (including GIS and data analysts, grant review and writing and other support activities. The Frederick County request is comprised of local member dues ($0.58 per capita); Solid Waste Management Program j$0.135 per capita); Special Water Assessment ($0.15 per capita) and MPD Planning Program (5% of the total allocation). Three goals are as follows: o Use County Funds to leverage existing and new grant opportunities to support regional goa Is o Use County funds to provide local technical assistance to Frederick County and surrounding regions to meet state and federal mandates related to water supply and quality planning and other natural resources issues o Use County funds to leverage urban transportation funding available through the MPO program 7. Describe how your agency utilizes volunteer services. To date, NSVRC has not utilized volunteer services on an ongoing basis. NSVRC and the WinFred MPD do utilize expertise from the community by partnering with community member appointees who serve on the various committees of the NSVRC and MPD. S. When was your agency's last financial audit? if your organization has not been audited, explain why. Please provide copy of latest audit. See attached FY 2014 Audit Report. 9. For currently funded agencies only: What would the impact be if Frederick County eliminates its contribution to your agency? NSVRC would be unable to match its current transportation grant awards and would be constrained in its ability to provide services to the County as a member locality. 20. For currently funded agencies only: Explain how your organization uses Frederick County funding as leverage to obtain funding from other sources and what other efforts you make to obtain funding. In FY 2014, the NSVRC used each $1 local contributions to raise an additional $5 in additional funding in support of regional programs and local technical assistance. NSVRC uses local contributions to match state and federal grant sources to provide its care services. In mast years, $0% of local contributions are matched to other grant sources, while the remaining 20% is used far direct technical support and operations of the Commission. .1 WARREN [ouNrY December 3, 2014 BFFICERS fiscal year 201fi brings new major priorities which include preparation for the mandatory Ornnls l�I. T�toiris John Riley Cnainn,n Frederick County Administrator John R. Riiry, Jr. 107 Month Kent Street vice Chairtron Winchester, VA 226D1 Nara Belk Comer completion and submission of the original Northern Shenandoah Valley Regional Water Supply SecreEaryRmaswsr plait to the Virginia Department of Environments! Quality in. November 2DI1 on behalf of the a~tlDaL�aw�l RE: Piscal Year 2016 Budget Request l�tanln Shictk Ervxutivr din2lor [OMhIlS510NERS Dear Mr. Riley: CLAR IiE COUNTY mandated programs, the Commissioners of the Northern Shenandoah Valley Regional 8!V kiCICGy arrndanSti�>am* Since 197D the Northern Shenandoah Valley Regional Commission has partnered with its rxxcoERlcxcour,rrr member localities, overcoming hurdles and challenges togetherthrough regional callabaration. Glories 5. Deklaven, Jr. E,irR.1awK,�„ Des Y pate increasing state and federal mandates over the ears, the Commission flan maintained a lab" aa� ia�s per capita rate of $D.5$ for trsetnber annual contributilans since 2DD9 using the Census population 'acganline �"� estimation from 2D11 for the last two consecutive fiscal PAGECOLINCY years. Norp t3e1le Conrr� b. Keith Guxy.lr David Wiatrowski Solid Waste Assessments, which provide funding for preparation and annual submissions of the 5HENANDCIAH Regional Recycling Rake Report and review of the Northern Shenandoah courrrY Solid Waste Btnndan Davis Management Platt have also been levied using 2D11 population figures Coned Flelsiey De "nisl�L Mortis' at a per capita rate of $D.I35 for the fast two years. WARREN [ouNrY Daniel 1. Mumry, Jr. RiclurdH.Tnczyl• fiscal year 201fi brings new major priorities which include preparation for the mandatory lahnG vnrrcc" benchmark reporting under the Chesapeake Bay Total Maximum Daily load Watershed tIERRrvILLE klayor Wilson Kittry Im lementation Pian and review and u date to the Northern Shenandoah Valley Regional Water P P FR8NrR8YAL Supply Plan. The Commission's last specie #assessment for water supply planning and le°;� � � „",� development was imposed in fiscal year 2U11. That assessment provided funding for the LURAY completion and submission of the original Northern Shenandoah Valley Regional Water Supply lerryScnira plait to the Virginia Department of Environments! Quality in. November 2DI1 on behalf of the a~tlDaL�aw�l twenty localities in the Region. Tlmmas Simon STRA5841R0 Rabe>t Baker In an effort to ensure quality administration and the region`s continued compliance with sr>:PHSHS c1TY mandated programs, the Commissioners of the Northern Shenandoah Valley Regional l�tnrtlra w. l2ilg Commission met to discuss per capita rate requests for Fiscal Year 2Di6. On November 20, 2014, WINCHEST$R Evan H, Clad; a resolution establishing Fiscal Year 2D16 Jurisdiction Assessments was adopted unanimously by John Tagnesi 'rimmthyA. Yautmns' the Hoard. (Please see enclosed copy.) This resolution maintains the member annual woons7ocx contribution per capita rate at $D.58 and the solid waste assessment at $0.135. The population 'acganline �"� estimate for 2011 will be updated to reflect the published Census population estimate from 2Di3 `�` "°'� �`�' °` [nnartiuee 1.temLer for the fiscal ear be Innin Jui 1, 2D16. The ado ted resolution also provides fora 2D16 Water Y g� g Y P 61 54 Supply and Quality Planning special assessment of $0.15 per capita using the 2013 population estimates. The chart enclosed illustrates the change in each of the three assessment totals for each jurisdiction and a combined annual resulting increase. These adjustments will pro�ride the region with the ability to fund programs in the following manner: Member I.ocal.Assessrnents will be distributed b core ro ram area as follows: ® Transportation Program Grant Matching - $ 53.566.60 ® Housing and Community Development Leverage - $ 23,706.46 ® Local Government Technical Assistance &Regional Programs - $ 34,000.00 Regional Data Center Development— $ 10.000.00 d Natural Resource Programs Leverage - $ 7,500.00 ® Flazard Mitigation Programs leverage - 7 5 0. TOTAI. LOCAL ASSESSMENTS - $132,273.06 The Solid Waste and Water Supply assessments will support a portion of the personnel costs for a Natural Resources Planner and the ability to implement the following: Administration to meet the Water Supply Planning mandate set forth under 9 VAC 25 -780 -120 ® Support of regional cooperation through Commission strategic planning Administration to comply with the gay TMDL Nutrient &Sediment Reductions Mandate implementation of the'"Che River Matters Campaign" to meet M54 obligations and promote regional tourism. � Provision of general Stakeholder engagement and support of Natural Resource programs o Submission of the 1016 Regional Recycling Rate Report and the Northern Shenandoah Solid Waste Management Plan � Administration of the Regional Tire Operations Program e Enhanced program support to member localities We appreciate the continued support your community provides to the Commission, especially in these financially viable times. Should you have any questions or concerns, please contact me at 540 - 636 -8800 or shiGkle nsvre ion.or . Respectfully, � �--�.. Martha Shackle Executive Director Enclosures O N r N_ U! E v E � O m U � � A � c c o O C N ao N V M � N N N p. � O � A > a` u� � � o F N N O _ 'O � r C N �. A C � � N N 7 � } E U U! N_ Y LL 0 z ���o - o �.qaa � -- v � €vvv v�� "_`� � =oaa v o�� _ .. � w °m¢ `m w '^U c V c r �� ¢¢ ¢¢ Z W V N J_ v W m� �O W c � W W � c c c c E` E E� U o E n° o o u� -- ���� � � � o o v o 3 U U a� U v U v _ v = - o ¢a �E - m2 nq � mm ¢-o -o �_ '��° rn° �' - -- a o o � o � m m � wrn J n E o _ _ �¢ ¢ �J F o(n° � Jo�a` - x ZZ - � _ � E c m U N'o .m � � ' ° -- 2 � � �E .� C7 =2 O1 _ a y a - m o a a U � F K E E E O F � Q Q Q � O U � _ _ _ � � � LL c c ` o 0 0 C � O O O 9 f7 '�^ '�^ LL N N Q U U U ? Q Q Q Q _ O O O ` 2 2 2 0 c c c c c O O O ` m Q °O °O H H H- H H J J Q v��i V O c 0 d d � � O O O O O O V U 'c m vvi CJ vvi vvi vvi v U U 2 2 S U A A A g v q q q q 20 y U K K y 2 2 2 2 > S c c c c� c c c c w� O O � Q O Q Q W Q Q O O�� � O D U U U Q U U U U i7 a y y � y � � y y ii a i7 � � LL � � � LL � � � � � � � � d O J O � C uj � V � � � M m 0 t � v � n n r � O N L H N N A a w d � � � � N N W ? _ _ _ _ _ _ _ _ _ _ _ � _ _ _ _ _ _ _ _ _ � N _ _ _ _ n A N C ^ N � ry M M � M N � ry m � � � � � 1� H .0 � W E °' a � Q w t» 0 N A � N d � 9 y m d y LL f N N N � O M N n � N N W N f M d J � C d > O � y v ro d � N � O C f �° � � � � � W J O W y U c � 9 N M Q C N d � m E Nv - - - - - - O N v � i° r� r� � �O � c� f f N � N n J y W N N Q f9 M M M M M M M M M M M M M M M M O O N O > N � O a � � � w A � `� 2 v o � _ �a � o ° m '� a W N Q � N v_ U o U 2,. K - - A LL ��` �o - .. A .. ra rr O O L- - � � y? m W 0 '� W N O la � n o '-' ° a .. sa ` arm m d a,�� as W W VJ O N - - ~ A v C` m U � j� y n A c - O y c O O W ' E � m '° v � d a �� � q a- r� A Z my W m .� a ��N m Om E o °a v va` � �a� � 'v �m'� v a�0 a�0 W W U O` _° r a?_ � O. o O> a m w w v K m � y` _ J J W o. a � �> =v v 4.0, > °`= o o Y o,� °m A a A a `= m g 4m � o Fm F '�ma�� m� D �w`� ° E E�ZL m�m c q�m mU O O � yi o oo ` � rc mw ..a v j oa 30 orn o � � o O1 0 0 (� �C O U w y F K � 2 q Z 0� f7 y 9 2 E U m m 2 U U 2 Z� � K� F U F a N N N ° � rn � 'O N �� `� A° O° O° 1 1 R Qv Hv Zv 2v Uv J V �l �l ) } f!)! ] :\ ; ;; |!,i)! � ] §Z!)!,#l:;J _�� _ _ ! |ff : { |/§§ \ {f § { {)) § {) \ }(�) { §\ �� \ \� \� \ } \� \\ \� / \��� / \� \ } \ \\\ � ~� {� ��� \} ���° \ �� � } } } } { \k \\ \ \ \�\ \� \\\ \� \�\\ / /$ \�� \ \} \ \ \\ } \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \\ \��\ \ \\\ \ \\\ \ \\\ \ /(\\ �- _ - � »§ § \j! �-- " \ \§ ! lk ;; |K| |)� ! - .;` r «f ! §%!4f)! ) \ff\ �k§ \�§ =§ �) §!§if | §{ |! ;[ |..i)�i »; /!§ k� / \ / / /') /�kj \ /{ { /�) \ \k / / \�) %§ /w : > ; = = = | §E!E!!! &, ;.,� » »,��; :�© ;_._ = =���4�4�..�,!le���� ;� ; §G () § §)()) §))() § \)))() § § \))) §)\§ Project Descriptican Tern: April �}��' �oa5 - �avember ���'7 zox� Lead: l�lichalas Rabb Support Personnel: Martha Shiekle, Stephanie Langton C�versiit Bendy: BEE Management Tearri To resear This projeei �v outfitters; >l amenities and By ident�fyisig ot�r A''" AY .'! r 4 �Q d a"i� k.,u �' b �� i 1 it 1 '' 1 Project D+scripto� Team: duly i, a�oi�- june �o, z�x6 Lead; ilex Sckaweler Sazpp�rt P"ers�nne]; Mar��a Sh�el�le f�vers�ght lady: dousing and Carnmunity Policy Beard DeliverablelAccaur�:tab�e ta: 1`�SVRC Total budget; �6,�oa (NSVRC Funds) wh.. _: Pass thzaa; �a `r.s,.� �: „�, , , ,; .� .�. � s��,r ,u�z.������', ��.�:�: V4'"hy is this Txnp+�rtant? ,. Caznunity DevelapBnent Base Funding is aiapartant because it provides staff wifh the opportunity to seek. traia�ing and professional develaprnent opportunities thdnt I1 strengthen NSVF�'��Carurnunity 1)evelapment Pragrarr► as well as keep staff rnernbers up -ta -date with the constantly changing state and federal. compliance rules which govern rnar�y o£tlae Cornissian "s dTT�tl1'�f" Tl"f"f1�dTt ":8 E'B'1�d:'. P�•a�ect L�escriptian T°e�m; F�bruazy �oz� — Januazy aoz� f,eac�: Amber jolzxer- l-Ii11 S�uppat personnel; Martha Shickle �3vers��;ht Bodyr Western Virgiziia Cozatinuuz�z of Ca T)el�verabYe /Acco�ntab4le to. i1S Department of , Housing, az�d LJrbazx Developmenk Ivey S%atS ��� ,, 'hy'is this Irnpnrtat? The Continuum of Care is iznporta�t to ;the �egiol because it provides an opportunity for stalcehalders across various specialties to cornunicate and 'work callaboxati�rely to end h lessness in the Shenaxtdoakt Valle4T- This streamlined comrrrzuzaicaticzn makes it less likely for`there to be duplication of e�f arts and �nakesrt possible far service pr+�viders to access �a,r$ m;¢nacr� �r�rrr� #"im�nr°i�1 rrcr,'irr^�� in a :�trate�'ic a:nd effiicient manner, Building Y.r¢trepreneuriaY COiTillluiillt�+' L'totsoretiies FM;® Development Programs �Bualding;Gallala ©raclve �.[?m¢¢¢ll¢¢ltie5 capaCtty �tt HCDMY Prog¢•a¢n r1d¢ninlstratipn Conti¢ruum of Care Lead Agency 9 Housing Market Analysis Q� :;;,,�a „. � �.� `.$�°/a �'``' 1Q[7% Neigl¢burhood�ta6ilizataou Yrograrr¢. �, } � � � �� e ,, Edix¢bu¢•g I31JR Planning > ��� � � .`� Grant s, , .,... '�� ._ Fr¢ant Tie¢yal �D� Planning ��� ,, 'hy'is this Irnpnrtat? The Continuum of Care is iznporta�t to ;the �egiol because it provides an opportunity for stalcehalders across various specialties to cornunicate and 'work callaboxati�rely to end h lessness in the Shenaxtdoakt Valle4T- This streamlined comrrrzuzaicaticzn makes it less likely for`there to be duplication of e�f arts and �nakesrt possible far service pr+�viders to access �a,r$ m;¢nacr� �r�rrr� #"im�nr°i�1 rrcr,'irr^�� in a :�trate�'ic a:nd effiicient manner, PrQje� D�es�r�p�i+�n Terrga: May zol�� March sorb Lead:.. Stephanie Langton Support P�rsan>r�elr David Cooper, I'�icholas l2obl CMversight Body:. Edinburg Prcaject Management Team �/ "` �� S�r� " M�; Y�elnverable /Accountable to: Virginia Department of Housing and Corrl.munity Developrxaent SerVLCeS zr The primary deliverable is aid -�cc and underutilized properties business inventories, a sttady'c Streets Program, the Town wily this project engages stakehold Town to develc �„ , . . r n d)CDT �.rG��S Neigl�b ©rhea ©d Sta6ilizatian Program +a'� Eelittburg BI?R P &arming Gant .�'a'ont laoyal SC?R Plammimg $x.,454,751 r,�,� °lopnient dock Grant Planning Grant is tc� uppart local planning processes in the Yawn of rataze strategies for Business''L)istrict Revitalizatzian. The 'Yawn's. Comprehensive Plan haeh provides shopping faci�ataes to meet the major needs of its residents, offers amenities to xd preserves ind restores the cultural and historic assets of the community. Thy processes cant wi,il paod�ce work plans for implementing Edinburg's vision. r;, F'r+�ject Dl�v+erab�es =Y� � , ��.� ai comic Restructuring Plan ��vhich. identi %es and prioritizes strategies to stimulate use of vacant ad improve, building eQnditit►rks in the commercial district. TlYis Plan includes physical. anal �tlie "trade area ",`arii�'revitalazation strategies. As an affiliate member of the Virginia Main ncorporate th<� Prggram's Four -Point Approach. The planning processes undertaken. during �:, _�. , w ors in the cornznunaty, forms and strengthens a project management team arad prepares the i a corrapetitive application for CDBG implementation funds in March zoi�, Tlbis project is important because at strengtlieris the means through which Edinburg can implement ats sla.o��t, mad and �ong- terr�n economic development goals and obyectives to ensure the laatg term susiaanability of tl-�e commercial district and the broader community. 'This project supports the furthering of partn�gps, the, leveraging of scarce resources and fire defining of expected outcoynes. A vibrant commercial distract. is essential for the Town to �°enxain a competitive destination on a rc�cric�araal �e�l� anal rcaattriheat� to thn �ta°�xt�rt�t rr�'tknp rav�r�ll r ^r�evinra'c �ttmarfier,r� r� �� �., °�° , � �� ;� • �° � �, , �� r. ., , �, Pr�aje�t Desc�'ipt�n Tera�ai : March Zoi� -� March Paz Lead: Nicholas Rob�a Su�.ppox� Persoairnel: David Cooper, Stephanie Langton.. Qvers�glAt body: Front Ray�al project °earrk Deliverable /Aeco�xntaeble to: Virginia i- I+ausing and Cornm�r�ity Develap�nent Total Budget: �r�,aaa ($ia,aaa DHCD/ �5,00a pass thrc�: Wane;: �a�,000 avaxlahle far pra#'essi services �� a ��,x��,�:b�� :��� �Alhy is phis Important? Phis project is important because it strengthens the rneans through which Front Royal care implement its short, raid and Lang - terrrl economic developmerxt goals aid olajectiues to ensure the long term sustainability_oftlie commercial district ar�d the broader community. This ptayect sugports`the furthering ol'pari�rshps, the leveragirYg ofr resources, and the defirdin of expected outcoanes. A vibrant commercial district is essentai for Town to remain a �c�CSrnpeti�ive destination on a regi�anal scale and contribute to the streazgth of the overall region's attraction. „ , , �. «r. P��ojec� Descriptimn Tema., July a, zux�_ June �,o, za:lG Lead: Alegi 5cheier Sugp�rrt P'ersc�rkne�z Martha.. Shic�C�c ��°. Civersght Body. Housing an.� �Ctrzratnumity Servica� �' Policy Board. I��ey St�tS i3uilding Entrepreneurial CC}r1711i8]i11tjF lwcaeaamies PG �O�l'YlF!11t PI"CJ�1"�tTl5 Building �aliabarative Cammuhities rapacity iiC?ME Program AdCY11Cki5ti °atlall F' Continuum of dare Lead ,g��ney l lousing Market Aeialysis i b� w �rwe �_�a, uv° � l � �,r Neighborhood Stabilization Program Edinlaurg llI7R Planning BDP Planning $x.,464,750 Prflject L)escript�on T'er�n: July �, aai�- Juaie �o, ac�iG Lead: John Madera Sug�p�>e�t Fersoniael: Martl°ta Shicl�le, wren Taylor ipversng;ht Body: Town of Luray J��� �tatS '�ransportatNa�n Prajec #s rare n�iV ' Rural Transportation Planning Urban canspartatson Planning(MP�j ����. �' 1= ?etciur mays ?�cr� presentation on the project w�ebsite. Support and assistance in impl��neritin� outreach aicl communications strategies to advise the public of project milestones, '�',.� y_�,��.,�,�.,�5_a�� why is this Irr�porta�nt? NSIIRC provides technical expertise to sLnall localities like Luray to tackle projects the locality may not have the stal`f' w resources xo �dle. �_ f Project 17escriptia� Term:. July x, zoa.�_ June �o, �,oi6 Lead: Alex Schweiger Srxppoirt Pe�soairgel: Shelley Q!wens, lVlal°tha Slaicicle , i�ey Mats '�o�.11RilAIIlty Iapment Prtrgrarns Oversight Body: Housing and Community Services �. � , , 'f :r. � l]eliver�able /Accountable to: Virginia Housing and Community Development 'l'otal Budget: $8`ro,000 Beulding Entrepreneurial Ecanamies PG Building CallaUoeative Carnmunnties Capacity xC7i1+tE Program Administratian continuum of Care Lead Agency Reusing Iv[arket Analysis am Neighbarhavd Stabilizati Pragrarn Edinburg BDR Planning BL7R Planning i�II � %%/ /������„ ��r � a NSVRC partners with ±Caar�Iinunity :Housing l'artraers (CRP) t�s identity potential taouses for acquisition, �►nce acquired, specialists with CHP rehablli`ia`te the properties to,frr�p�re them for resale to income eligible homebuyers. T�i5V1tC will focus its eff ©rts in this pragram to ide��ify eligible patean�al prcaperties in a variety of price ranges to s�aat the differing needs of �,w ,�.��i�~ `° haznebuyers. �,a� � >x.,tW ��4bt v,�. �11� }� t�11S Impartant7 �"he 1JSP prograan is irnpcartarit "as �t provides an outlet for individuals and families who wish to became homeowners to achieve their goal, which might neat leave been possable atherwis��'his program increases the stock. of affordable housing available to l�omebuyers vrhile also investing in neghborkaoods affected by foreclosure. Project gescription T�erxxa: duly x, zoa- June 3a, zca�6 dead: liareza 'Taylor Suppart Fersonzxel: Shelby iDwens� Martha Shickle �versa.ght Body: l"�SVT�!C �e� StdtS �a�c,al Technical Ass6stance T►elaverable /Accoua�ta�ale to: �artieipatng localities ; , � Discretionary �undir�g Regional Procurement Warrear County Buldout Project Town of Boyce We6slte Support Compretnenslue Plainning updates- Stanley Toms Brook planning Support County Broadband .Authority �h: This streamlined contraetinj �;vailability cat pre- quali£led .�«�. N1y �s this Important? pro$�s?ssional services will reduce the project's overhead through the xsultnts, as well as re�i+ce the. consultant's overhread related to the.. procurement pr€�cess. P"raject Des�rip�tan 'Perm..: jury x, zox�- June �o, zoi6 Lead: Marsha Shickle Support Persoainel: �ai� +Crider, Sbe��ey Owens, Nicholas Robb i�versight Body: Page County Broadband Autho: I3e�iverab�1'Aecou�tal�le ta: PC�A 'Petal Budget: �i�„000 Pass thru: none Ivey Stats �i Teci,nicai Assistance 3tinn�ry Funding r� u nitV' eve[ e�p rn ei s�'� ttegiona[ Prrrcurement Warren County Buildr�uC �raject town of sayce Website support Cr�rrdprehensiue I�lanning Updates - StanEey �aToms �roQk P'danningsupp�rt County broadband Autht�rity rr Support ]'i1 $�,4Fa4,75C1. C?f� �i VDQT allacates Part of its federal State :Planning and. Research (SPR) funding tca each Planning District �arnmission having a rua�al area,' in fitlfi�lingthe re�uirernents of the State Planning, Process to address the transpartation needs of naax�n7ietrogoiit�n areas, �� Pr+�je�ct 17escription Texan: Jfuly f, �e'15- June 3ca, zoiC Lead: Shelley +wens Saa,pport Peas+onne�: Gail Crile�, Stephanie Lan��on C�vearsight $�dy: Solid �`Vaste 1Vlanagement'F �ornmii~tee K+�y Slats �� "" : � Reg'ronai Tre m, �� �0'% � �� 1a0✓a s o�eratiocas ._ �' a� �ascretionary F�snding ` Fiazarc� Mitigation �. P�°ojeet �7escrpt+�n Term.. July i, aat�- June 3a, z�at6 I.ea�d: Stephanie Lat�gt+an Support personnel: fail �ragler, 'Shelley Qwens 4�versig7at �incly: Sali� aste..1\+�anagement'Technical This wr�rk brings localities''tbgethe�' �o design cooperative sol�atioras a�.d to exchange ar�ormation and salve waste �anager`rtent issues on a loca�&�nd regional level. Ivey Stats Edatural R+esoearces Pro�e�ts �Jatural Resources Base Fund[ng �� C �iQ gil+1P . Verification Water Planning- SpeeiaC Assessment Scalicf Waste �r � �.# �. �s � P� Re iona9 dire .�_ �: � -� , Operations ��� k loCi� This wr�rk brings localities''tbgethe�' �o design cooperative sol�atioras a�.d to exchange ar�ormation and salve waste �anager`rtent issues on a loca�&�nd regional level. .�. r �. , � ,.:. ., � :. ��� � ,�, Far+�ji�ct �escrgtion Tergn: 7r1 /a5 through �z/3xJ�5 Lead: �ol�n 1Vladera S�pgo�t Pe�soi�ne�.: Stephanie Langton 4Jversgl�t �iody: '�"cawn of Stanley Piannin� 'C.p111in15Sltln '� They Mats �"echnl�cal Assistance .:, y 9 � -; i �. �.-�� Fiegianal Procurement Warren County �uildeaut Project d� Town of Bpyce Website Support. Cprr3preF�ensiue Planning iJpdates- Stanley Tams Brppk Planning Supppri �°✓°a �_ " page County Brpadband Authpraty .Adman Support .�Y �I`T�+`RY / JV. as 'Jirginia Code requires localities to review their cornprelxensive plans for currency no less than once every five yeaxs. Szrtaller localities lfke Stanley lack the staff"re��rces to perforz>la this review. +rr -. '`�.��.����.rpa�r:.��.� Why xs �h.s �1�ap� rant? As the regiorli works to preserve its high cgua�iiy of life and expand. local economic opportunities, RideSmart works to serve the transportation needs of residents today and prepares to rn�t�the transpartation needs of the future. Carpooling, van pooling, and alternate transit allows the. region to reduce its road congestion as well as vehicle. emissions. PI � ! M` -. f w � ��� � r, �� � w ! P'r�jec� �escir�pt��rx '�'erin: May z, zai5- flctober i, �,cai� C<,+ead: Stephanie Iaan,�ton 'Suppark �'ersc►n�e1: David Cooper, Clail. Crller, Shelley C3wens, iriaclicilas Robb, Martha Sl7icl�le ���y Stets l�laturali Resources Projects Oversight Body:.. NSVRC `� f�% p�. I�el�lverable /Accotatal�le to: Department cif ass l�nvironmental i�ual%ty (l��{�) �` ~ Corgi "I"otal Budget: �- ,aoo.oa f ,� r�,,f a i;.. � Trar Pass thru: ��6,�}�ci.oa t® Virginia Polytechnic Institute ,�:v4 �aw.�M? i and State. University, Departanent of Civil and � �W' U ' „� �" �718�1 ��nvir�onrnental ]engineering ' � . �.. ��� � , . r � ��' nary Fund "rng city Derre[aprr `tatiprt $52,- a�"�1L1, f�� Natural Resources base Funding �iw4 B['�iR Verification '� Water Rlanning- Special Assessment Solid Waste Regional Tire Operations current'4�,iaters}ied`Mtidel, which caleulates'and propeets ollutidi reductic�ii. Additionally, this project sugports local storm�vater naaanaeznent �il�nr�izig prr,cesses thratagh the creatiori'�f a working inzrentary o� urban BNtPs frar each locality irx t #�,r the project "area. ...E ,., ,... �ti , M F�a }e�t,���.i�er�bles The project area includes.ihe aunties of Clarke, Frederick, Page, �heriandoah, acid Vlrarreri, and the towns therein. The primary deliverable to the l�lQ :is � cl�talias'e �vliicli:!corita%ns available infaririatian on urban BMPs in the project area dating f�oin ig8� to present. Tnf�rrinaticrcr'�xicludes BN�I� e, date installed, location and area treated. Additionally, far each locality which mariages its lvrasiun and Sedirgieiit Cciirr€��° ragrari, this project, will provide a geospatial database which maps each BMP in the locality and c�altit� ins ilia related BN[P inforgriatian. Anrather deliverable for the L)E� is ilia current land use data far each locality, APxiial c�rnnrehensive'xeport will be provided to the 1�E�1 at the. comtiletiori of tYie project, ��f��� ��.a_,,� , a��� +'Why ><s this Irx�pc��tant? "1'ltis prciject cnntrihutes tci the U.S. F:rtvironrrierital Prcatectirrn Agency's effiirts tlrroiigh the.. Chesapeake Bay Program to set and meet linuts tai ititrogezi, ph�asphcir�is and sedfinent pollution iii the Bay. 'f'hese efforts seek to fully restcare the health of the Bay and its tidal. rivers by zcaz�. Thearefore, this project provides$i�portant information on a local, state, and national scale, regarding the impacts of stormwater management mechanisiris in reducing pollution and irnpraving water quality. .: •° � � Ii � i $1,464,75 There will be multiple d�h�`�rablcs for this project. The fzrst deliverable will be a database captaining all of the subdivisions within Warren County. For each, sttbdivASio� tbis GIS, layer will show the total number of lr�ts, the total number of vacapt Lots, the number allots in the flopd and the number oflats in canservati+an easements. This will give tlae county a goad idea of the annaunt of vacanxt subdivided Ia�s tlxey are $e�I'ing with. The second deliverable will deal with the agricultural district. and take ntr7 account the lot size and roles for allowing subdivision of those lots. - �r��- Fn�� {f�,�� `iN�hy is this I�ort�nt? As Warren County expands in papulalkiap,it,s important to know haw much. new develaprnent the county can sustain and where it will be located. This infor�natian- li.elps identify the ov r�ll holding capacity oaf the land, the f�zture papulat;�r�n potential, the future demand far municipal services and the overa� economic potential of a given area. The ipfarmation can be very usefa.zl far t�lannin� and uolicv raurtaoses. �' u "�. , Work in this praJect area ;iaiclitdes the following. Cor�ir°iire•ta �ncrnitor and identify apgartunities and resources available far water quality and wate�� s�ifigly planning, Cultivate new local, state and federal partnerships and cantinas ongoing dialogues with existing gartr�ers, iricludin �"ure;'UV�tsr.;tiruin;'Ce� ter far Watershed Protection, and Envii °anmental F`inancc Center.. l�evelap strategies far updating'•lre Regional Water Sugply Plan based an results Pram Virginia Tech Partner pra�ects on the ��`�' Water Supply Plan. �$��� ����sm��;� °�; Vey is this Imp�ort�a,nt? Water supply and, water quality Have been. identiPred as a priority far the region. This work is lznpartant because it encourages lang -term, regional water planniri,� to pravde adequate, reliable, and safe water in a way that balances the. need far environmental protection with future grawth<` It is else irtrportant j�ause wafer supply and quality are inherently tied to the work in promoting and exganding totdrisrri opportunities in the region. ., ,.;�� � P�Q��ct L��scription T��y hats Trarusportation Rroj�ects TerIlrx: July 1, �or� -- dune �o, zor6 1L�ad: Martha Sd�.ickle Sup�nrt P'ex�strnnel: David �00per, John. N�adera, , ' '"��`�'�'�'�"§ k r f � u�'S+k � 5 "�. Shelley �Qens, Nicl�a�las Roth, Karen TayYor i -" � :., ..��.: ,� �versglit l�ody:'WinFred MI�O Policy BOard *m��.���.,.�.�...�..w.,._�..M •; I�iscretianar�r Funding `� Community C1�eueiapmeq �e�ive�r�ble /accountable tom: VDC7TlD�RPT �g, .�;�...rA�,.�r. =- . �' ®Trainspartatian �� Total Budget: � 434,z8�. (Funded by �TL)Ci'I"I FiRpTJ . � �� `� ' ,- �" �' +pity of W�nehesfer & $s�5oo.,... :".; �. Frederiel� County% � � �: � , $718,12 .� �tiw. , o��, �� FaSS tilT'U; ��'�S��CpCtO r �a „� _a �,., ( @!`� S 5 �� r�nn Rural Transportation Planning Urban Transportat'son Planning (M►�oj $1,464,750 The WinFred iv1Pi� is responsible for, co�ductin� the continuiza�, cornprel�ensive, and coordinated (3 -C} plartnir�g q�rocess far the Winchester- Frederick bounty Urbanized,Aa°ea in accordance �requiaeents of Section r�4 Title z� LJ.S,�.� ofthe Federal Flighway Act of ig6z, and Section S3o3 of the Federal l'rans�t Act. /� Uf � H"' i I r��/lr /f( 1 I J� �,e,.. ��d III � �� l� // J'd�a I ���/ � �, .� r. I� ���,I, �"�� ✓ � ��U. Uhl , %'� � d e HHHI� ua . /% � ll/���J, ��✓'� l f,p� �. � j�ii.(r., v p 'y [. � �.�. �u Y K � ��' tl II +w, � �W�•I'��, U,. C,.. d��mm.J' "� I II � II ".�I P 0��'k� �� 4 I 4 � „if P'1c I' 0 `r�9. DATE September 8, 2015 TO: Cheryl Shiffler Finance Director FROM: Patrick Barker, CEcD Executive Director CC: Brenda Garton County Administrator RE: Supplemental Appropriation Request for 3 I -8 102- 5600 -001 The Economic Development Authority (EDA) is requesting an appropriation increase to 3 I - 8 102- 5600 -001 for FYI 5- 16 in the amount of $ 1 00,000. The appropriation increase will allow us to provide the second installment for ON MINERALS (CHEMSTONE) COMPANY D /B /A CARMEUSE LIME AND STONE by Frederick County under the Performance Agreement dated July 25, 2012. As a refresher, ON MINERALS (CHEMSTONE) COMPANY D /B /A CARMEUSE LIME AND STONE committed to expanding its manufacturing operation in Frederick County. This expansion included a $49.2 million investment through a building expansion and new machinery and adds 25 new jobs. The performance date for this project is June I, 2016. All progress reports to date show a favorable trend toward compliance. Thanks for your help. Please advise if additional information is required. �' 'rcz � I��!�s�.r���5'.d7, ".r� w�`�'niA'�9F� �.ri< "`�"� r "Ce(SV `v����` kyV:i"� i(���iF "fir .0 °lrt41i't�tl;m,R.�ES',rnt'a /� Uf � H"' i I r��/lr /f( 1 I J� �,e,.. ��d III � �� l� // J'd�a I ���/ � �, .� r. I� ���,I, �"�� ✓ � ��U. Uhl , %'� � d e HHHI� ua . /% � ll/���J, ��✓'� l f,p� �. � j�ii.(r., v p 'y [. � �.�. �u Y K � ��' tl II +w, � �W�•I'��, U,. C,.. d��mm.J' "� I II � II ".�I P 0��'k� �� 4 I 4 � „if P'1c I' 0 `r�9. DATE August 20, 2015 TO: Cheryl Shiffler Finance Director FROM: Patrick Barker, CEcD Executive Director CC: Brenda Garton County Administrator RE: Supplemental Appropriation Request for 3 I -8 102- 5600 -001 The Economic Development Authority (EDA) is requesting an appropriation increase to 3 I - 8 102- 5600 -001 for FYI 5- 16 in the amount of $250,000. The appropriation increase will allow us to provide the third installment out of four for HP HOOD LLC by Frederick County under the Performance Agreement dated January 8, 2104. As a refresher, HP HOOD LLC committed to expanding its manufacturing operation in Frederick County. This expansion included an $84.6 million investment through a building expansion and new machinery and adds 75 new jobs. The expansion will increase the company's ultra -high temperature production capacity. The performance date for this project is July 3 I, 2016. All progress reports to date show a favorable trend toward compliance. Thanks for your help. Please advise if additional information is required. �' 'rcz � I��!�s�.r ���5'.d7, ".r� w�`�'niA'�9F� �.r i< "`�� � "� "e( °V `v ��„� kyV:i�r i(��� iF "fir .0 °�rtul t �e l' m,R. °E s',rnt'a r, � ��i r�i�,��-y ��t� a:rf iaa�acc��ra�l F�c�°ia� ��:dc.����. iist,-i�t 1'��a��c�- �. ��CDJ77�1 dal. ()ALT "I'�. ���� . �"aC��:�cr� .���. �'.�".x l�i�t�ar �dm:���lali� `t"ra�l� a �. 111 � �a��c � �a rc��rag � ��:� arn��t �� �,aaa.aa � carric� i"arvw.�° fry c � ���� a1�_a�l l�a.r��'��r�� �.�i�.r-y T�ltric� la��;t ]iaa i�:z�a �+- � a '- -aa- +� z� 1��1c ;��� �:ta�ct4 �c� fli�a eta 1? � {�� ,. a� - D -1NI �c�r �? act ��" ��. i t;c �w ":i�+c�� �.t° a � �a� t uel;�. �"hi �,r�a+��a��a� a�� lac to �rr�r�clr�;, � nac i��_��p a, lat�p�ac�, lca� lit �hc salty �1�����t i� �a.�-can�ly i.� �mc�l �l`, I�`y tic aac��%��, lalc� as racal iac�tt tea c�� axac.. . /lr� � /�a /15 ����:�; �5a,aaa �.()"� �a��� crat tact 89 m4-.b "��s��a�`;I�d:� "�•��i� �w'i:1;��:.�15t�°, "�l ��`aal -�C�aa 1ia�ac °��a��t:cr, �� {.� -�; G' Frederick County Board of Supervisor's Finance /Audit Committee Charter I. Organization There shall be a committee of the Board of Supervisors ( "Board ") of Frederick County, Virginia ( "County ") known as the Finance Committee ( "Committee "). The Committee shall be comprised of three (3) members of the Board of Supervisors who will be appointed by the Chairman of the Board, with one appointed as Chair, three (3) citizen members as appointed by the Chairman of the Board, and two (2) non - voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies, procurement policy, financial planning, risk management, debt issuance, budget development and other fiscal related issues. II. Purpose The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscaUprocurementpoBcies and the review and recommendation for matters of a financial nature coming forward to the Board including, but not limited to, supplemental appropriations, transfers and contracts. The Committee's primary duties and responsibilities are as follows: • To provide to the Board means for determining the manner in which policies, programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and /or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County's annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings and Quorum The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board, the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Directors) with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors, the Chair may excuse any non - Committee members from attendance at any meeting or portion of any meeting. A majority of the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee. .� IV. Responsibilities The Committee shall have the following duties and responsibilities: A. Finance 1. Review and advise the Board and senior management of the County with respect to finance initiatives, policies and procedures, including activities relating to procurement. 2. Provide direction during the preparation of the annual budget. Review the County Administrator's final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees. 3. Review and advise the Board on supplemental appropriation requests, transfers and change orders as dictated by policy. 4. Review the budgetary and financial implications of management's tactical and strategic plans. 5. Review periodic or interim budget and /or financial statements to ensure the County is operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources. B. Audit 1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter. 4. Manage the County's internal audit function including review and approval of the internal annual audit work plan, reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan. C. Other Duties Related to Review, Reports and Improvement Procedures 1. Review and reassess annually the adequacy of this Charter, and conduct an annual self - assessment of this Committee's performance. 2. Report all meetings of the Committee to the Board on the matters discussed at each Committee meeting, as appropriate. 91 3. Perform any other activities consistent with this Charter, the County's goals, objectives and governing law, as the Committee or the Board deems necessary or appropriate. Original: Adopted by Board of Supervisors 1/25/2012 Revisions: 9/9/2013: reduced Board of Supervisor representatives from four (4) to three (3) 9/29/2014: no changes '� �` t��� '����,at ���"`�,•�����c��c, �v""i�`�r�i� � "tl� "�+'��r��a�t'� °gym ��a������;� :���c��� a�� V����niG�t, .F�.�ri�u� "�z� � °t� ���c.��°��i��a. 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"t��: 97 FIRE AND RESCUE JOINT AGREEMENT This Fire and Rescue Joint Agreement {Agreement) dated the � f�� day of September, ZOQ7, by and between the County of Frederick, Virginia (the County) and ail Volunteer Fire and Rescue Companies presently serving in Frederick County {the Companies). RECI'I'Ai.S A. The County and its volunteer fire and rescue companies have, for several decades, cooperated in order to provide exemplary fire and rescue services to the citizens of Frederick County, Virginia. B. The County is committed to continued growth and improvement of its volunteer fire and rescue companies and assuring the safe and efficient provision of essential f re and rescue services, and the Company is committed to utilizing its personnel and resources to achieve the same goals. C. As growth within the County has continued, fire and rescue service demands have increased, which has created a need for the fire and rescue system within the County to evolve into a combination volunteer and career fire and rescue service, D. In order to provide additional support to the volunteer companies, plan for future service needs, and provide management and supervision for career fre and rescue personnel, the County has established a Fire and Rescue Department {the Department) as a County department. 1✓. The County remains committed to maintaining a strong and viable volunteer fire and rescue system that is supplemented by career fire and rescue employees. F. The parties desire, by this Agreement, to further enhance the partnership between the County and the Company by defining the role and responsibility of each party, and to further support theirJoint mission to provide efficient and cost - effective fire and rescue services to the citizens of Frederick County. U. In accordance with Virginia Code 27 -15.1, it is the intent of the parties to continue to allow the Companies to exercise authority in the process of answering alarms or operating at emergency incidents. I�I. In this agreement, when reference is made to County rules, regulations, rec}uirements and procedures of which are currently not in existence, it is agreed upon that they shall be mutually developed, approved and implemented by the County and the Qperations Team. TERMIN4I.QGY .. For purposes of this Agreement the following terms shall have the following meanings: The Board of Supervisors of the County of Frederick, Virginia, shall be known as the Board and in certain instances, the County. Company shall refer to the individual Volunteer Fire and Rescue Company executing this agreement. Companies shall refer to al! Volunteer Fire and Rescue Companies organized and located within the boundaries of the County of Frederick, Virginia. County shall refer to the County of Frederick, Virginia as well as the Board of Supervisors, Director ofthe County Fire and Rescue Department shall be known as the Department Chief. The Chief Operational Officer of the Company shall be known as the Company Chief. The President of the Company shall be known as the President. The Frederick County Fire and Rescue Departrrrent shall be known as the Department. The Frederick County Volunteer Fire and Rescue Association shall be known as the Association, The Operations Team shall refer to the Chiefs' Work Group, which shall be made up of the Company Chief from each of the Volunteer Fire and Rescue Companies organized and located within the boundaries of the County of Frederick, Virginia, The aforementioned persons and groups shall also be known as the parties, AGREEMENT NOW, THEREFORE, far the mutual consideration herein contained, the parties agree as follows: 1. FUNDING A. Pursuant to Virginia Code 15.2 -953, the County intends to provide public funds to the Company, subject to appropriations, to support the Company's providing of fire and rescue services to the public. B. Pursuant to Virginia Code 15.2 -954, the County may establish and provide a ►� 100 capital Ioan fund to a company providing firefighting and rescue services for construction or equipment for providing fire and rescue services to the community, Should this fund be established, the company shall adhere to county procedures and guidelines, to include purchasing and competitive bidding. C, The Companies shall: (1) maintain records ofthe receipt and expenditure of public funds; (2) submit to annual audits of the expenditure and receipt of public funds as provided by the County's certified public accountant auditor, and provide the information and data requested by said certified public accountant auditor for such audits (3) ensure that the County's certified public accountant auditor files the Annual Financial Statement required by the County, using such forms and procedures as prescribed by the County's certified public accountant auditor and that the County is given a copy of the Financial Statement upon completion. D. Receipt of public funds by the Companies shall not affect the Companies' right to solicit or raise money local4y from the community, providing such local fundraising activities are conducted in accordance with applicable laws and regulations. E, During the County's annual budget process, the Companies may make a request for a special appropriation. Such request shall be forwarded to the County along with the recommendation of the Volunteer Fire and Rescue Association, F, The County may withhold funding to a Company, whether or not in an approved budget, for failure of the Company to comply with provisions set forth in this agreement, including, without limitation, the provisions set forth in Paragraph 1. Funding, The County shall provide written notice to the Company of their intent to withhold funding along with the reason, The Company shall have seven (7) days to respond to the County along with the ability to request a meeting to discuss said notice and suggested courses of correction. 2, '1<'EAM The Companies shall maintain an Operations Team {Chief s Work Group), which will serve as advisors to the Department Chief and as Iiaisons with other 101 3 companies. The Company Chief or his designee shall serve on the Operations Team. The Team shall meet at least monthly. 3. RECORDS AND DATA A. The Companies shall utilize an incident saRware reporting system compatible with State and County requirements and shall be utilized by all companies. l3, The County shall have a System Administrator who will limit access to the system to those authorized by the Systems Administrator in conjunction with the Operatians Team. In addition, the System Administrator will maintain a cenfixal data repository. C. The Companies shall collect and maintain data as required by the County for State and County programs. The County shall provide initial training to the Companies regarding the use of the selected reporting software. In addition, the Caunty shall provide on -going training to the Companies as a result of changes in personnel or updates to the reporting software. 4. SERVICE RESPONSIBILITY A, It is the responsibility of the Companies to deliver emergency fire, rescue, and medical services, within its capabilities, to the citizens of the designated response area of the County in accordance with County dispatch and response procedures as established and in conjunction with the Operations Team. B. The Companies agrees to assist other county ftre and rescue companies in delivering emergency fire, rescue, and medical services to the citizens of Frederick County, as r►eeded and in accordance with County dispatch and response procedures as established and in conjunction with the Opera #ions Team. C. The Companies also agrees to provide assistance to other fire and rescue companies and governmental jurisdictions with which Frederick County and/or the Company has established mutual aid agreements, in accordance with County dispatch and response procedures as established and in conjunction with the Operations Team. 5. VOI.UI�ITEER RECRUIT]VIEI�I'I' A, The County, through the bcparttnent and Companies, is committed to operating a combination volunteer and career Fire and rescue system to service the needs of public safety in the most cast effective manner. Primary emphasis 102 will be to preserve and perpetuate the continuation of a predominantly volunteer fire and rescue service and to supplement the staffing needs of the companies as requested and approved or funded. B. The County and the Companies shall each diligently work to recruit, train, and maintain viable volunteer fire and rescue companies in accordance with aII applicable Taws, rules, and regulations of the Commonwealth of Virginia and County requirements. 6. STATT�N STAFFING A, The Companies shall provide staff ng with volunteer personnel when feasible, 24 hours a day, seven days a week, as required for response to incidents. The companies shall ensure that volunteer personnel responding to incidents are trained and qualified in accordance with federal, state, County, and companies requirements to perforrn required duties, and that any required licenses and /or certifications are maintained. B. The County agrees to provide station staffing with career personnel to supplement volunteers, Actual work hours will be determined by mutual agreement between the Company Chief or his designee and the Department Chief. C. Until a criterion is mutually developed and agreed upon by the Association and the County for requesting staffing, the county agrees to provide staffng as requested by the companies and approved by the Board, The County shall ensure that career personnel responding to incidents are trained and qualified in accordance with Federal, State, County and Company requirements to perform required duties, and that any required licenses and/or certifications are maintained. These qualifications are outlined in SOP 2.6.03, Employee Career Development Program. D. Career employees of the County are permitted to participate as members of County Volunteer Fire Companies during their off duty hours. These employees must follow all Fair Labor Standards Act regulations in conjunction with their volunteer duties. In order to guard both the volunteer company and the Fire and Rescue Department from potential conflicts of interest, all parties to this agreement recognize the need to restrict the level of management participation in a volunteer company by County career employees.lt is agreed that the career employees of the Fire and Rescue Department shall not be permitted to serve as Chief, Assistant Chief, Deputy Chief, Rescue Captain, President, Vice - President or Treasurer of a volunteer company or serve as a voting delegate, ofricer, or committee chair of the Frederick County Volunteer 5 103 Fire and Rescue Association, 7. SELECTION AND ASSIGNMENT OF CAREER PERSONNEL A. As the legal employer, the County shall have full responsibility for the processing and selection of career employees. A single screening and selection process shall be used to employ career personnel regardless of the company to which the employee is ultimately assigned, B, The Department Chief shall establish basic job descriptions and employment qualifications, as well as the screening and selection process, for career personnel who will yield employees that will adequately serve the needs of the fire and rescue system and the public, Volunteer input into the requirements and procedures used shall be solicited through the Qperations Tearn and the Frederick County Volunteer hire and Rescue Association. C. The Department Chief shall be responsible for making station assignments of career personnel, The Department Chief decisions on personnel to be assigned to volunteer companies shall be made in consultation with the Company Chief or his designee of the applicable company, The Department Chief shall also have the right to reassign careerpersonneltyhenever, in his discretion, it is deemed necessary. The Department Chief or his designee shall also ensure that the Company Chief or his designee receive adequate notice of any personnel assignment changes, This notification shall be made in a timely manner when feasible,ln all matters of personnel assignments and station coverage, primary consideration shall be given to public safety needs, D. Provided adequate funds are available, part -time employees may be employed to provide coverage for full -time career employees who are absent due to leave, training, special assignment, or when a position is vacant. Part -time employees shall be assigned at the Department Chief s discretion. 8, EMPLOitFE SUPERVISION AND EVALUATION A. Career personnel are ultimately responsible to the Department Chief or his designee, B• Supervision of career personnel shall rest with the Department Chief or his designee, with the guidance of the applicable Company Chief or their designees. Work assignments shall be of a nature consistent with public safety mission of the County and the Company_ Station duties shall be coordinated with the Department Chief, the Company Chiefs or their designees, and shall be standard throughout all companies as established and agreed upon by the 0 104 Department a.nd the Operations Team. C. In order to provide consistent direction throughout the workday, the senior ranking career employee assigned to a station, in conjunction with the chief operational officers ofthe Company, shall ensurethat routine daily activities of career employees are carried out as assigned. D. The Department Chief, the Company Chief or their designees may utilize career personnel for projects or other work - related assignments, Every effort shall be made to ensure that a balance is maintained between Company and County priorities and goals, E. The Department Chief or his designee shall be responsible for formal Performance evaluations of career employees, as required under County personnel policies. Evaluations of career employees assigned to volunteer companies shall be completed with input from the Company Chief or designee, F, The County Administrator shall be responsible for the formal performance evaluation o #'the Department Chief, The County Administrator shall include all company Chiefs and the Association liaison for input into the performance evaluation of the Department Chief, G. Formal complaints concerning a career employees' behavior or performance shall be forwarded from the Company Chief to the employee's immediate supervisor, in writing, for official investigation. As a part of the personnel process, any complaint shall remain confidential between all parties connected with the complaint. The Department Chief or his designee will notify the company Chief or his designee of the status or results, to include any findings or disciplinary action, of the investigation in a timely manner. H. Formal complaints concerning a volunteers° behavior or performance shall be forwarded from the Department Chief to the Volunteer Coordinator and Company Chief, in writing, for official investigation. As a part of the personnel process, any complaint shall remain confidential between al] parties connected with the complaint, The Company Chief or his designee will notify the Department Chief or his designee and the Volunteer Coordinator of the status or results, to include any findings or disciplinary action, of the investigation in a timely manncr. 1. Leave for career employees shall be taken in accordance with County procedures. When a vacancy occurs, the position will be filled with either a qualified volunteer (approved by the Company Chief) or a full ar part -time career employee, 7 105 9, FAC'ILITI)�S AND WORK EN�IR�NM)ENT` A. The Companies shall provide career personnel with an adequate, clean, and safe work environment that is conducive to productive performance and goad morale among ca- workers. As the parley responsible to provide and maintain the fre station, it is the Companies' responsibility to provide and maintain a structurally safe and healthy work place that meets all applicable code requirements for occupancy, B. The station shall have and maintain potable water, working plumbing, adequate ventilation, heating, cooling, lighting, and trash removal, Any deficiencies in these basic requirements shall be corrected in the most expeditious manner possible, C. In addition to the foregoing basic requirements, the Companies shall provide and maintain the following items for the personal needs of career employees during the workday; a) Refrigerator b} Stove and microwave oven c} Personal lockers d} Famished rest area/lounge e} Shower facility f) File space g} Protective clothing storage h} Separate male and female bunkroom facilities for 24 hour staff. D. Station maintenance and major repair is the responsibility of the Companies, Career personnel shall participate in light cleaning and minor repair of the station and grounds to maintain good order. Volunteer and career personnel shall share general custodial duties, 1 �. APPARATiTS AIr1D E vIPMEle1T A. As the owner ofthe station's apparatus and equipment, the Companies agrees to authorize career employees to drive, operate, and utilize the apparatus and equipment, providing the operation and use is in accordance with an established standard driver /operator course and procedure for aII companies as developed and agreed upon by the Company Chief's or theirdesignees and the County, The Company Chief or his designee shall be responsible for providing orientation training to all new career personnel assigned to the station on the proper operation and use of company apparatus and equipment. The Company 106 Chief or his designee shall be responsible for the fine] approval of all drivers. All Training shall be completed based upon the availability of Companies approved trainers and the experience level of the employee. B. The Companies recognizes that in addition to emergency response, its apparatus and equipment will be used by careerpersonnei to perform routine duties such as physical fitness training, public fire and rescue safety education Programs, f re prevention inspections, fire and EMS training, pre -fire planning, mapping, etc. Any activities outside of the companies first due response area must be approved by the company Chief or their designee. C. it is the responsibility of the Companies to maintain all apparatus and equipment that is in service in proper safe working order. While vehicle maintenance and repair is the responsibility of the Companies, career personnel will participate in a shared responsibility of cleaning and minor preventative maintenance, Career personnel may make minor repairs to apparatus and equipment when such repairs are within their mechanical capability and the Company Chief or designee has authorized the work. D. Volunteer and career personnel shall ensure operational readiness and shall perform dally apparatus and equipment inspections and testing. Deficiencies found shall be noted and reported to the appropriate Company Chief. l i . TRAINING A. Volunteer and career personnel shall maintain a knowledge and skill level proficient with their appropriate assigned Fire and EMS duties through a curriculum mutually established by the County and the Operations Team. B. The Company will be assisted with its training program as available and requested. The development and facilitation of countywide courses will be coordinated through the County Fire and Rescue Training Committee and provided to Frederick County Fire and Rescue volunteers at no cast, if approved in the annual budget process. C. From time to time, one or more career staff may be sent to special training programs. When this occurs, the vacant position will be filled with either a qualified volunteer (approved by the Company Chief or his designee) or a full or part -time career employee. Z2. INSURANCE AND LIABILITY A, Each party will cooperate with the other in risk prevention programs to reduce 107 the risk of bodily injury, property damage, and any consequential liability, B. Each party shall provide inswance or a program of self- insurance which will cover damage or loss to real or persona! property caused by negligent acts or omissions by their members or employees. C. Subject to annual review and approval by the Board of Supervisors, the County shall provide an accident policy for the Companies. 13, MOIiIFICATION A. This Agreement may be amended or modified only by a written document, signed by the parties hereto. B. The parties recognize that this Agreement cannot address every policy or procedural issue that may be encountered, and they do state their intention to review this Agreement annually to identify appropriate additions or modif cations. 14, TERMINATION �1. This Agreement may be terminated by either party by six (6) months written notice to the other party. B. phis Agreement shall terminate in the event ofthe dissolution of the Company, The Company may be dissolved by voluntary dissolution by the Company or pursuant to the provisions of Virginia Code 27 -10. C. Since the assets of the Company were derived through public contributions, the Company agrees in the event of dissolution for any reason to vest title to all land, buildings, apparatus, and equipment to the County, to a Town (if the Company's station is located in the Town), or an organization that wiI! be committed to carrying on the Company's public safety mission to the citizens of the County. 15. GENERAL A. This document supersedes any and all prior agreements, either written or verbal, entered into between these parties to the extent that the subject matter of any prior agreements is addressed or related to the subject matter of this document. B. This agreement defines the working relationship between the County and the ZO �: Company, Except as expressly provided to the contrary, nothing ir1 this agreement creates a standard of conduct or a standard of care with respect to citizens, employees, or volunteers. C. It is agreed that each party to this agreement acknowledges its role in providing fire and rescue services to the citizens of Frederick County, Virginia. It is further agreed that the relationship between the County, the Company, and their members and employees, shall reflect an attitude of cooperation toward the achievement of effective and efficient f re and rescue services for County citizens. D• The parties agree to plan, develop and maintain a strategic plan for the future needs of the fire and rescue system of which wi!! be reviewed annually and will include a live and ten year projected plan, The strategic planning group shall consist of the Department Chief, the Operations Team, the Board liaison, the County Administrator, the Association President or their designees as wel! as career and volunteer flcld personnel as designated. E. The parties each express their intent to work together to developand /or revise Standard Operating Procedures. F. By this Agreement and agreements with other fire and rescue companies the County is providing for fire and rescue services to its citizens by using both government- employed (career) personnel and personnel of the Companies, and the Companies shall be deemed an instrumentality of the County for purposes of Virginia Code 27 -23.6. COU[VTY OF FREDF,RICIC, VIRGINIA DATE: \ 4 3 a o7 B ���1 y: Chairman, Board of Supervisors CO1I�PANIES DATE: /�f ��O ^.... BY� —� ....� Stephens City Volunteer Fire and Rescue Company, Inc. Chief DATE: y-�7 -y7 ]3y: Stephens City Volt to r fire an Rescue Company, Inc. President 109 DATE: tip �> �i� � --- - -, i`�� By: ��' Middletown Volunteer Fire and Rescue ampany, Inc, Chief DATE; D9 � � �� By: Middletown V teen Fire an cue Company, Inc. President DATE: �� ov � $y; '� Clear Brook Volunteer Fire and Rescue, Inc, Chief DATE: � p "" �� Clear Bran Volunteer Fire and Rescue, Inc. President DATE: � � /o � 13y: Ga e Volunteer Free Comp Chief DATF:� � 5r�-n�on � �y; � Ga unteer Fire C�ornpany t DATE: _��......_ By: Round Hill Community ire and Rescue Company, Ir�c, Chief /� DATE: y� � 7 �_._._ I3y: � /.� . Round Hill Community Fire and Rescue Company, Inc. Presiders DATE: c� `i } p By. Gainesboro re ampany, Inc, Chief DATE: ��. �-7Ia 7 By: .,�, Gainesboro Fire Company, Inc, President DATE: 0�-7� �� By; %� �-�'' �. 12 110 DATE: /c� ���� __ � By; �., Reynolds Store Volunteer Fire and Rese e Company, Inc. President DATE; �C7 f '3 � b`1 " Millwood Station Volunteer Fire and Rescue Company 21, lnc. Chi DATE: D �_ BY: t �� (i Millwood Station Volunteer ire nd R� esGUeCompanY2l,lnc Presiden Z3 111 Star Tannery Volunteer Fire Department Chief DATE; �-� % p� B Y : f,� f Star e olupteer Fire Dep ment President DATE; �`"� ��`� � , BY, J Greenw od Volunteer F' e and Rescue Company, Inc. C of DATE: 9 �'7' -� � L By; Greenwood Volunteer Fire and Rescue Company, Inc. President DATE: - �. � - � 7 By: North Mountain Volunteer hire Company, Inc, Chief DATE: � " � � ` C7 7 • By; North Mo ain Volume Fire Company, Inc. President f DATE; /� ./ j c ��:i ;7 _,.-' �, Reynolds Store olunteer Fire an cue Company, Inc. Chief DATE: /c� ���� __ � By; �., Reynolds Store Volunteer Fire and Rese e Company, Inc. President DATE; �C7 f '3 � b`1 " Millwood Station Volunteer Fire and Rescue Company 21, lnc. Chi DATE: D �_ BY: t �� (i Millwood Station Volunteer ire nd R� esGUeCompanY2l,lnc Presiden Z3 111 GUIDELINES FOR COUNTY CONSTRUCTED AND REPLACEMENT VOLUNTEER FIRE STATIONS When public funds are to be utilized, the following guidelines shall govern the construction of new county owned fire stations and the reconstruction /relocation of existing fire and rescue volunteer stations, Guidelines that are unique to either the new county owned fire stations and the relocationlreconstruction of existing volunteer stations are so noted within this document. General Guidelines 1. The county endorsed prototype f re station, which shall also be the model for replacement stations, shall consist of approximately 11,000 square feet with two stacking bays. The facility shall also contain bunk rooms, showers, kitchen area, conference room, and offices. Satellite offices for the Sheriff's Department, Commissioner of the Revenue, or other county department may be provided within the prototype. 2. Frederick County shall finance, construct, and own all new and replacement/relocated fire stations. 3. Frederick County shall be responsible for the maintenance and staffing {volunteer and career} of all new county -owned proto -type fire stations. 4. Building permit fees shall be waived. 5, Previously collected proffers, earmarked for specific fire stations shall remain in place. Upon adoption of these guidelines, any future proffers designated for fire and rescue services may be utilized to fund a portion of the construction of new and replacement fire stations, as part of a county -wide emergency services approach. b. Fund balance shall not be used to fund the construction of new or replacement fire stations. 7, In the event a county owned fire station is built on volunteer owned land, then the county and the volunteer company shall enter into along -term {i.e. 99 years) lease agreement. Guidelines for New Fire Stations In addition to the General Guidelines, the following shall govern the construction of new fire stations within Frederick County: All new fire stations constructed within Frederick County shall be the county endorsed prototype. 2. Frederick County shall own the land upon which all new prototype fire stations will be constructed. 112 3, Financing of new stations shall be via lease revenue bonds issued through the Frederick County Industrial Development Authority or another financing option acceptable to Frederick County.. Guidelines for Re lacement/Relocated Volunteer stations In addition to the General Guidelines, the following shall govern the construction of replacement or relocated volunteer stations: 1. The county endorsed prototype fire station should be the model for the replacement /relocated fire station, unless the volunteer company owns specialized equipment, such as a ladder truck, that cannot be accommodated within the prototype footprint. 2. Because the county will be the owner, it shall fund the total cost of construction of replacement/relocated volunteer stations, including those stations with requirements building footprints larger than the approved prototype. 3. Routine Daily_Maintenance of the replacement /relocated fire station shall be performed by the career and volunteer staff assigned to each of those stations. 4. Equipment housed within the replacementlrelocation station shall be maintained by those who own the equipment. 5. Financing of replacement /relocated stations may be via lease revenue bonds issued through the Frederick County Industrial Development Authority or another financing option acceptable to Frederick County. 6. If the replacementlrelocated station requires a social hall component, then the social hall may either be connected to the station on land awned by the company or built adjacent to the station on land owned by the company. 7. The social hall shall be owned and fnanced by the respective volunteer company, 8. The social hall component may be constructed simultaneously with the replacementlrelocated fire station. 9. The social hail shall be maintained by the respective volunteer company. The Frederick County Board of Supervisors reserves the right to make changes to the building plans, financing arrangements, or other matters relative to the construction of fire stations, as deemed appropriate. The guidelines may be amended by the Frederick County Board of Supervisors, as necessary, 113 I�EI�I<]I�'�' �` Alm RESCI3E �31�1T A�GREEI�I�T Rose ' l cettam®eani 1� a d �$s3 ua� Carom aae THIS ADDENDUM TQ FIRE AND RESCUE 70INT AGREEMENT (this "Addendum. "), is data;d as of .luly 7, 2014, by and betwa�en tba� COUNTY OF FREDERICK, VIRGIlti2A (the "County "} and the ROUND HILL CQMMUNITY IFIR,E ANA RESCUE COMPANY (the "Ca.rr�pany "). CI'�' S A. The CountS'a the Company and the other volu�ateer fire and rescue companies named thera;in entered into a �`ise and ReBCUe joint Agreement, dated as of September 26, 2007 (the "Agteeraaa�nt "), �. The County proposes to entez ix�ta a financing with the Virginia Resources Authority wltich intends to issue its bonds anal pxo��ide a pa�ttiori of the pmaeads to the County [the "Financing ") for the construction, and equipping of a fire station {the "Fire Station ") ar�d xnulti- purpose building (trie "Evettt Center "} tQ be used by the County anal the Company to provlde fire attd rescue sez�vices attd cornrnuniiy facilities. C. The Company izztetzds tv be bound by the tezms of the Agreement for as Long as that Financing is outstanding. N'QW, THEREFGRE, for and in, consideration of the mutugl covenants hereinafter contained and other valuable consideration, the parties hereto agree as follows: Section 1. Term of cement, The County and the Company agree that the Agzcsment shall zenaaitn in Iuil force and effect wntlx respect to the County and the Company as lop$ as the Financing rernairta outstana�itzg, sub�a;ct to the provisions governing dissolution of the Company captained in Section 14.$ of the Agreetrtent. The County au.d the Compapry each agree that they will not exercise their respective right to tezntinate the Agreement as long as tkxe Financing is outstanding unless they obtain an opinion of natiortally recogai�ed bond counsel accept�.ble tQ the County and to the Virginia Resources Authority ( "VRA. ") oar such other fnancing entity as may be deemed to be the Lender under the Financing (the "Lender ") to the efi'ect that such tarnninationwtll not adversely affect tlt� trea�nent for tax purposes of interest on the Financing or any bonds issued by the BRA iu a;ontlectiort with the Fivanci.ag (an "Approving __� C+pinion "). Section 2. Amendmezrt a >f A eenaent. The County azxd the Company each agree that tl►ey will not amend the Agreezrzent as long as the Financing is outstanding without obtaining an Approving Qpinion. Section 3. �e of F cilities. 'l'he County anal the Company agree that as long as the Financing is outstanding (i) tlae litre Station, wall be used to provide fire attd rescue services for the Ca�unty in accoxdaz�.c;e with the Agreement and (ii) the Event Cexzter will be used by the as'to�5ss a 114 Company in furtherance of its fire and xescue functions or made available by t}�e Company for use by the general public on shah �rn.s ar�d conditions as the Coanpany may establish, whticli use may include rental of the .Event Center to members of the general public for various events. The Company agrees to provide such infazxnatiott relating to the use of the Erncnt Center ps the County Administrator xt�ay request. Section. 4. nyeya��ee_ of.Fvent Center, _to Corn�any. The County agcees to convey the Event Center to the Company upar� payment by tixe Company to the County of an amount sufficient to pay principal a:f and interest and any prepayment preroitan on the portion of the p'inancing allocated to payment of the casts of acquisition. and construction of the )anent Center; pxovided tlxat no such conveyance shall occur until such portion of the Financing has been paid in. full or dcfeased and the written consent 4f VRA, ar the fender, if applicable, .h.as been obtained. Section S. Ratification and Coar�,rmation. ,All provisions of the Agreement, as amended by this Addendum, are hereby ratif ed and confirmed lay the parties and shall remain an full force and effect, Section 6, Counttemarts, This Addendum zzaay be executed in any nwnber of counterparts, each ofwluch shall be an original, ad of whuch together shall constitute brut one and the same instrument. Section 7, Cr�?verning Law, Thi$ ,A.ddenduzn shall be governed by and construed in accordance with the Saws of the Commonwealth of Virginia. [REMAINDER QF PAGE INTE�ITIONALL"St LEpT' BLANK) .�.,. 115 IN WIT'N'ESS WHEREQIi, tha parties have caused this Adder�dura to Fire anal Tte9cue Joint Agi�err�ent to be duty executed as of the ! S day oI � �4 t 4, by their duly authorized representatives. COUNTY OF FREi7ERICK, VIRGINIA. I3y- �.�._,�,� Its: dminisi�atvr ROUND BILL COMMUNITY I�iRE AND RESCUE COMPANY By. `' . Its: Chiaf Ra1JNY) H1LL COMMUNITY FIRB AND RESCUE COMPANY �i ��� 116 1dIE1YIORAl�IDUM OF UNDERSTAl�DING REGARDING CONSTRUCTION, O'WNER.SHiP, USE, OPEIIwATIONB, A1VD MAINTENANCE OF REPLACEMENT ROUND IIILI✓ FIRE AND RESCUE STATION BE'T'WEEN THE COUNTY OF FREIiERICI�, VIRGINIA ANTI ROUND HIT1I� COMMCTNITY FIRE AND RESCiTE CO]i�IPANY Dated July � 201 � INTRODUCTION This Meu�orandum of Understanding { "MOU "} has been developed as an agreement between the County of Frederick, Virginia (the "County "} and Round. Hill Community Fire and Rescue Company (the "Company ") concerning the construction, ownership, use, operations, and maintenance of d replacement Round Hill Fire and Rescue Station (the "Station "), to be located on Corporate Place near its intersection with National Lutheran Boulevard, approximately one quarter mile north of U.S. Route 50 {Northwestern Pike} in the Gainesboro Magisterial 17istrict of Frederick County (the "Site"). I. CONSTRUCTION AND PHYSICAL CHARACTERISTICS The County presently intends to obtain financing for and cause the construction of the Station on the Site. The Station shall generally consist of approximately 14,000 square feet, with three stacking bays, bunk roorr�, showers, kitchen area., conference room, and offices. The Station shall be located on the Site generally in a matxner as shown as Iterai 3 on the Bid Development Exhibit, dated April 8, 2014, a copy of which is attached hereto as Addendum A. Nothing herein shall, however, obligate the County to construct or cause the construction of the Station and this agreement shall hate no force az�d effect until such time as a certificate of occupancy is issued for the Station as described and the County gives the Company notice of such issuance. II. OWNERSHIP, OCCUPANCY, AND USE The County shall own the Station. After issuance of a certificate of occupancy for the Station and the County notifies the Company that the Station is ready far occupancy, within not more than 30 days after the County's notification to the Company, the Company shall commence occupancy of the Station and the conduct of its fire and rescue operations from the Station. The Company shall use the Station only for: the conduct of its fire and rescue operations, that is, the storage, housing, and maintenance of fire and rescue equipment and the use of the Station by file and rescue personnel, including volunteers, in connection therewith; a base for responding to 1 117 service calls; fox training purposes; and for otherwise directly providing first xesponse services. The County shall permit initial occupancy of the Station by the Company at no cost to the Company (except that the Company shall be responsible for the cost of moving any and all ofrts equiprraent into the Station} and shall continue to permit the Company to occupy the Station at no cast to the Company (except as provided herein) as long as the Company shall continue to comply with this MQU. III. MAINTENANCE AND UTILITIES The Company shall be responsible far routine day -to -clay maintenance and upkeep of the Station, including such activities as cleaning, minor repairs, mowing, and landscaping, The County shall be responsible for other maintenance of the Station, including r�najor repairs and painting and as needed replacement of capita] items such as building fixtures, building mechanical equipment, and building stxuctural items. The County shall be responsible for the payment of the costs of standard utility services .for the Station (electric, gas, water, communications). With respect to communications utilities (telephone, cable, intemet), the County may, at its option depending upon practicability, arrange for provision of such utilities in conjunction with the provision of such utilities to othex County facilities. N. STAFFING AND EQUIPMENT Staffing of the Station by the County and the Company foz fire and rescue operations shall be governed by separate existing and any to be determined agreements between the County and the Carnpany. The acquisition and ownership of f re and z'escue equipment for the Station, other than building fixtures, shall be governed by separate existing and any to be determined agreements between the County and the Company. V. EVENT CENTER The construction, ownership, occupancy, use, operations, and maintenance of an event centcz on a por[ion ofthe Site shall be governed by one or mare separate agreements between and/or among the County, the Company, and any third party(ies} as may be necessary. 118 VI. TERMINATION Either party may terminate this MOU upon six months written notice to the other, provided, however, that the termination of this MOU shall not affect the obligations and/or rights of the parties with respect to each other under any other agreement {s }. VII. ENTIRE AG- RI;EMENT; AMENDMENT This MOU constitutes the entire agreement of the parties regarding the subject matter hereof anti any amendment to the terms of this MOU shall be effective only upon execution of a writing. signed on behalf of both parties hereto. VIII. AUTHORITY OF SIGNATORIES Each signatory b:ereto represents and warrants that he is authorized on behalf of his respective party to bind his party to the terms of this MOU. CaUNTY OF FREDERICK, VIRGINIA �� Its Date ����� �� AS T� F��f� .� �� G4iJNTY ATTORNEY 3 119 ROL]ND HILL C014IIZI�UNTTY FIRE AND RESCUE COMPANY Its ��'�����.��- Date r� �.�l f �� AGREEMENT TPTIS AGREEMENT, made and dated this day of July, 2014, is made by and between the COUNTY OF FREDERICK., VIRGINIA (the "County" },apolitical subdivision of Virginia, and ROUND HILL COMMUNITY DIRE AND RESCUE COMPANY {the "C'ompany " }, a Virginia corporation. RECITALS: A. The Company provides fre and rescue services in the general vicinity of its current location at 7b9 Round Hill Road. The Company provides such services through volunteer personnel and the ownership of various apparatus. I3. The County relies upon the Company to provide fre and rescue services and, in advancement of the Company's provision of fire and rescue services, the Cour►ty provides certain career staffing and financial support to the Company, C. The Company relies upon the career staffing and fuiancial support it receives from the County and it also relies upon revenue it receives from activities it conducts at and from. the use of the event center located at its currcnt station location. D. The improvements (in particular, the fire station, and event center) at the Company's current location at 769 Round Hill Road are generally in excess of 50 years old and are in need ofreplacement, E. The County is the owner of the following lot or parcel of land (the "Round Bill Property "), located in the Gainesboro District of Frederick County, Virginia: That certain lot or parcel of land containing 5.0608 acres, more or less, situated along Corporate Place (to be constructed), west of National Lutheran Boulevard, and more particularly described in the plat recorded with Instrument Number 13 among the records of the Clerk of the Circuit Court of Frederick County, Virginia, Tax Parcel dumber 52- A -50B. F. The parties desire to arrange herein for the construction ofthe following (collectively, the ")Project "): A certain street, designated as Corporate Place, said street extending westward from National Lutheran Boulevard for a distance of approximately 350 feet, more or less ( "Corlrflrate )?'lace "). 120 ii. A certain street, designated as Spinning V�heel Lane, said street extending northward from Corporate Place for a distance of approximately 50 feet, more or less ( "SPi�az�ing Wheel Lase "}. iii. Extension of all customary utilities to the Round Dill Property (the "Utilities "), iv, Site work and parking lots for the Round Hill Property ( "Site VVariz/Parking „ }. v. Afire and rescue station, located on the Round Hill Property, to serve as a replacement for the Company's existing fire and rescue station at 769 Round H'rll Road (the "Fire Station " }. vi. An event center, located on the Round Hill Property, to serve as a replacement for the Company "s existing evert center at 769 Round ]Hill Road (the "Event Center " }. G. The Coiuity has issued an Invitation for Bids far the Project (the "IFB "} and received a qualifying law bid in response to the II`B. H. The scope of the Project is generally shown on that certain exhibit titled `Bid Development Exhibit Round Hill Fire Station "" dated April $, 2014, and prepared by Greenway Engineering, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference as if set out in full. Corporate Place, Spinning Wheel Lane, Utilities, and Site WorlsJParking are identified collectively as Items 1 and 2 on Exhibit A and in the response to the II�B, the Fire Station is identified as Item 3 on Exhibit A and in the response to the IF13, and the Event Center is identified as Item �l an Exlubit A and in tkre response to the 1P'B. I, The parties desire to finance khe Project using funds that the County, the Company, and Silver Lake, LLC (the original developer of the Round Hill Property) will provide, this Agreement being intended to govern the provision of funds by the Company for the Project (the "Company Project Fonds "). The funds to be provided by Silver Lake, LLC will be $616,563, representing a portion of the cost of Item 1 in Recital H. NOW, THEREFOR, WITNESSEI'1FIt That for and in consideration of the sum of Ten Dollars {$1U.QQ}, cash in hand paid by each ofthe parties unto the other, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as fellows: 1. RECITALS: The Recitals are made a material part hereof and incorporated herein by reference as if set out in full. 2 121 2. THE PROJECT: The Company Project funds shall be applied and expended in order to construct the Event Center and to cover a portion of the cost of Corporate Place, Spinning Wheel Lane, the Utilities, and Site Work/Parking, 3. COUNTY RESPONSIBILITIES: a. The County shall act as fiscal agent and project manager for the Project. The County's responsibilities as fiscal agent and project manager shall include arranging for bond financing for the Project from the Virginia Resources Authority, management and oversight of all roadvcray design, approvals and permitting, construction management, and reviewing and approving Project invoices. b. The County shall give notice to the Company of the intended commencement of the Project not less than fifteen (15) days beforehand. c. As project manager, the County shall supervise the Project, which shall be constructed in a good and �vorkmanlike fashion and, as io roadways, in accordance with all applicable V irginia Department of Transportation { "VDOT ") and local standards. cl. The County shall give written notice to the Company of any wiforeseen engineering, environmental, andlor construction issues that are encountered during the Project within forty -eight (�$} hours of discovery of such issues. Thereafter, the County sha11 promptly provide written notice to the Company of the intended remediation measures (the "Remediation Work ") and the costs thereof prior to the commencemenr of the Remediation Work. Such notice shall sot forth the date upon which tlae Rernediatian Work shall commence, which date shall be not less than five (5) days after the date that the County gives such notice to the Company. Following approval of the Remediation Work by the Company, or in the event kl}at the Coixipany fails to object to the Remediation Work within the %ve {5) day period referenced above, the Company shall provide payment of the costs of the Remediation Work pursuant to the provisions of Section 4(e) of this Agreement. in the event the Company objects to the Remediatior► Work during the five (5) day period referenced above, then the County and the Company shall submit such dispute to Greenway Engineering, whose decision shall be final and binding upon the County and the Company and tha Company shall then pay, pursuant to the provisions of Section �(e) of this Agreement, such amounts as are so determined, 4. COMPANY RESPONSIBILITIES: a, The Company shall provide to the County funds in the amount of $] �6,79p representing a proportionate share of the costs of the design for the Project, upon execution of this Agreement. b, The Company shall provide to the County funds as follows: 3 122 i, in an amount equal to that portion of the bid designated, by the bidder selected by County in response to the IF$, as being for the entirety of the Event Center {refe��enced as Item 4 in Recital H), said amount being $1,373,464, and ii, thirty -eight percent (38 %) of the remainder, after deduction of the $616,563 being paid by Silver Lake, LLC, of that portion of the bid designated, by the bidder selected by County in response to the IFB, as being for Corporate Place, Spuxning Wheel Lane, Utilities, and Site WorlclParking {collectively referenced as Items l and 2 in Recital H}, 3$% of said rerraainder amount being $441,967. c. The Company shall provide to the County such funds as are necessary for all quality assurance and duality control work in connection with the Project. Said amounts are in addition to those set forth in Section 4 {a} and {b} of this Agreement. d. The CoYnpany shall provide to the County such funds as axe owed for Remediation V�ork pursuant to the provisions of Section 3 {d) of this Agreement. Said amounts, if any, are in addition to those set forth in Section 4 {a) and {b} of ties Agreement. e. The Company shall provide to the County funds to cover any change orders that m.ay become necessary. f. The Company shall provide to the County the funds identified in Section 4 {'b) of this Agreement an a proportionate basis tc� the sum of the Virginia Resources Authority bond financing, as set out on Exhibit B hereto, by the dates indicated thereon. Said payments include interest at the same rate as provided for in the Virginia Resowces Authority bond financir►g. i. Said proportionate amounts shall be calculated by taking the total of the amounts set forth in b of this Section and dividing them by the total principal amount shown on E�chibit $and multiplying the res�Ylting percentage by the respective payrzzents shown on Exhibit B. Far example, the sum of the amounts in b of this section is $ ] ,815,431 and the total principal amount shown on Exhibit B is $5,135,040, resulting in the percentage amount being 35.35 °10. Therefore, for the debt service amount of $116,637.51 shown on Exhibit I3 as due or! April 1, 2015, the Company shall pay the County $41,231,36. The Company shall pay to the County, by the respective dates indicated, 35.35 ° /n of each of the annual debt service and principal amounts shown on Exhibit 13. 4 123 ii. Exhibit B may be subject to amendment as necessary based upon the requirements of the Virginia Resources Authority in conjunction with closing on the band issuance. iii. Concurrent with execution of this Agreernent, the Company will execute a promissory note to reflect the obligations set forth in f ofthis section. iv. The Company and the County shall also enter into a ground lease by vahich the Company's occupancy of the Event Center is provided for by the County in exchange for and in consideration of payment of the amounts provided for herein, g. The Company shall provide to the County the funds identified in c, d, and e of this section within 30 days following billing to the Company by the County based upon contractor invoices received by the County for the respective portions of the Project. h. Upon the County's completion of payment to the Virginia Resources Authority of all sums duc to repay the bond issuance and upon the Company's completion of payment to the County of alI sums provided for hereunder, the County will cause the conveyance of the Event Center and the underlying land to the Company. C�NSTRIDCTICUN DEAI�LCNES a, The County agrees that the Project shall commence within ninety (90) days after, and only after, final funding approva] by the County $oard of Supervisors. b. The County agrees that the Project shall achieve substantial completion within �6� days after the date of the County's notice to proceed to the contractor for the Project. 6. IYUTYCES: All notices, demands, or other communications that maybe necessary or proper hereunder shall be deemed duly given if personally delivered, or when deposited in the United States mail, postage prepaid, first class, registered or certified, return receipt requested, addressed respectively as follows, or to such other address designated by notice given pursuant hereto: County: John R. Riley, Jr. County Administrator 107 North Kent Street Winchester, VA 22GO1 124 with a copy to: Rpdezick �. Williams, Esq. County Attorney 107 North Kent Street Winchestez, VA 22601 Company: with a copy to: 7. E1�iTIRE AG>REElI!IENTiAMENDMENTS, a. This Agreement constitutes the entire agreement of the parties arad supersedes aA�f prior understandings, whether ozal ar written, of the parties regarding the subject matter of this Agreement and no arraendmerat of this Agreement shall be effective unless made in a writing signed by the parties, b. This Agreement shall be binding upon and the abligati.nns and henefi�5 shall accrue to the parties hereto and theiz successors and assigns. S. GQVE�NING LAW VENUE: This Agreement shall be governed by and interpreted accozding to the laws of the Commonwealth of Virginia and any dispute hereunder shall be heard only in the Circuit Court of Frederick County, Virginia. '�rITNE55 the f�llawing signatures: COUNTY �'IXE�7[ERICK, VIRGINIA �� ROUND HILL COMMUNITY FIRE AND RESCUE COMPANY $ u �C�.A��'ss.— .., y 125 1VIEluro I�UIV���of U��I�7�� EY�sT,IN� g� �y � �7n�7•�A Il ®� A ®T 7,gFy�17 ®�gLSp y� �,/-r �,7��upy�� L1SE, ��ETY®7�(�gAgTplg�ll��)Sy p, �y�T�E +l \1'i�lp'4�C�rE/-r1g'�7l \I] 1. ®1\ �'L�'7J�1'�l \C� ®P 1�'�PLR1 ►'V ®�� Y' lE� � et n.FJ I. V E STATI ®l� BETV6TEElld TAE C ®Ul®TTY ®F DEItICI�, VIRGINIA Al�D LLW ® ®D STATION VOI,UISTEEIt F'I1tE A1�dD RESCUE C ®l1�PA1V�' 21, II�C ®RPOI�.ATED DATED June 30 , 2015 This Memorandum of Understanding ( "li�OU "} has been developed as an agreement between the County of Frederick, Virginia (the "CoaiBaty "), Millwood Station Volunteer Fire and Rescue Company 21, Incorporated (the "Nlillavood "), and the Economic Development Authority of the County of Frederick, Virginia (the "ED�4 "} concerning the ownership, use, operations, and maintenance of the existing Millwood Fire Station (the "Fi�°e Station ") and the existing Events Center/Banquet Hall (the "Events Center "), located upon that certain parcel of land containing 4.1624 acres, more or less, fronting on the south side of Costello Drive in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -10 -5 (the "Property "). igEC A. Millwood has previously executed that certain Deed dated February 23, 2007, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 070003086 (the "Teed "} whereby the Property was conveyed to the EDA. Upon conveyance of the Property to the EDA, the EDA issued its $3,000,000.00 Industrial Development Authority of Frederick County, Virginia, Taxable Lease Revenue Bond (Millwood Station Project), Series 2007 (the "Bond ") payable to the United States of America acting through the Department of Agriculture ( "USDA "). Repayment of the Bond is secured, in part, by that certain Deed of Trust dated February 23, 2007 executed by the EDA, of record in the aforesaid Clerk's Office as Instrument No. 070003087 (the "Deal of Trust ") and chat certain Assignment of Rents and Leases dated February 23, 2007 executed by the EDA, of record in the aforesaid Clerk's Office as Instrument No. 070003088 (the "�4 signmient "). Millwood and the EDA have also previously executed that certain Lease, Operating and Management Agreement dated February 23, 2007, attached to and made a part of ttie Assignment (the "Lease "). B. The Property is improved by that certain fire and rescue station, containing 17,025 square feet, more or less, currently used by the County and Millwood to provide fire and rescue services (the "Fine Station "} and that certain Events Center/Banquet Hall, containing 14,808 square feet, more or less, currently used for social events (the "Events Center "). 46703668 4 126 C. The County, Millwood and the other volunteer fire and rescue companies nanr�ed therein have previously entered into a Fire and Rescue Joint Agreement, dated as of September 26, 2007 {the "lire � rescue ®perations AgR°ee�ent "). D. The County presently intends to enter into a financing with the Virginia Resources Authority {" ") for various governmental purposes (the "Financing "). The VRA intends to issue its bonds and provide a portion of the proceeds to the County in order to refinance the existing indebtedness due upon the Bond. The following constitutes the arciount of the indebtedness due upon the Bond as of March 11, 2015: Principal: $2,707,644.86 Interest: 4 846.02 Total as of 3/1 1115: $2,712,540.88 Per diem subsequent to 3/11/15: $306.0010 E. The EDA agrees to subdivide the Froperty so as to create that certain parcel of land containing 2.428 acres, more or less, upon which is located the Fire Station (the "Fire Station Parcel ") and that certain parcel of land containing 2.733 acres, more or less, upon which is located the Events Center (the "Events Center Parcel "). A copy of the proposed subdivision of the property is attached hereto marked Exhibit "A ", with the final acreage and boundaries of the Fire Station Parcel and the Events Center Farcel to be determined in accordance with applicable ordinances and regulations of the County. F. At the request of Millwood and the County, in connection with the Financing, the EDA agrees to convey fee simple title to the Fire Station Parcel and the Events Center Farcel to the County. Millwood agrees to forever waive any right to acquire title to the Fire Station Parcel and/or the Events Center Parcel from the EDA, as more fully set forth in the Deed, Assignment and Lease once the existing indebtedness due upon the Bond is paid and satisfied in full with a portion of the proceeds of the Financing as more fully set forth hereinafter. Such waiver by Millwood shall not in any way prohibit Millwood from acquiring title to the Events Center Parcel (which includes the Events Center) once all of the Millwood Reimbursement Payments (as hereinafter defined) are made, as more fully set forth in Section 3, below. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained and other valuable consideration, the parties hereto agree as follows: Section 1. OWNERSHIP, OCCUPANCY, AND USE a. The EDA shall convey fee simple title to the Fire Station Parcel and the Events Center Parcel to the County at such time as the Bond is paid and satisfied in full from the proceeds of the Financing, The EDA agrees to convey g ®od and marketable title to the Fire Station Parcel and the Events Center Farcel by special warranty deed. -2- 127 b. Millwood shall he authorized to occupy and use the Fire Station Parcel (which includes the Fire Station) as currently being used for the following purposes: the conduct of its fire and rescue operations, that is, the storage, housing, and maintenance of fire and rescue equipment and the use of the Fire Station by fire and rescue personnel, including volunteers, in connection therewith; a base for responding to service calls; for training purposes; and for otherwise directly providing first response services. Except as otherwise provided herein, the Couarty shall permit occupancy of the Fire Station by Millwood at no cost to Millwood and shall continue to permit Millwood to occupy the Station at no cost to Millwood as long as Millwood shall continue to comply with the Fire &Rescue Operations Agreement and this MOU. c. Millwood shall be authorized to occupy and use the Events Center Parcel (which includes the Events Center) for purposes of a rental facility for various conferences, banquets and other social events, so long as Millwood shall continue to comply with the Fire &Rescue Operations Agreement and this MOU. Section 2. PAYMENT OF PORTION OF DEBT SERVICE a. Millwood and the County acknowledge and agree that the appraised value of the Events Center Parcel constitutes 45.40% of the total appraised value of the Property. b. Millwood agrees to pay unto the County the total sum of $1,952,516.00 {consisting of $1,289,937.00 principal and $662,588.00 interest), payable in annual payments for a period of twenty -seven {27} years in order to reimburse the County for that portion of the Financing necessary to pay the Band in full (the "1VI11iwood Reimbursement Payments " }. The Millwood Reimbursement Payments shall be paid in accordance with the Schedule of Payments attached hereto marked Exhibit "B" attached hereto and incorporated herein by reference as if set out in full. The Millwood Reimbursement Payments shall commence an the anniversary date of the closing and funding of the Financing by the County, and shall continue on the same anniversary date thereafter for a period of twenty - seven {27} years in accordance with the Schedule of Payments attached hereto as Exhibit "B ". c. The amount of the Millwood Reimbursement Payments are based upon an anticipated rate of interest of 3.36% per annum; however, the applicable rate of interest may change due to market conditions in existence an the date of closing upon the Financing which is tentatively schedule on or about August 19, 2015. Millwood acknowledges and agrees that any change in the rate of interest applicable to the Financing will result in a change in the amount of the Millwood Reimbursement Payments. The %anal amount of the Millwood Reimbursement Payments will be determined once closing upon the Financing occurs< _3W 128 Section 3. CQNVEYANCE CF EVENTS CENTER a. Upon completion of all of the Millwood Reimbursement Payments by Millwood, and provided that Millwood has not defaulted in the timely payment of the Millwood Reimbursement Payments unto the County, the County agrees to convey good and marketable fee simple title to the Events Center Parcel to Millwood by special warranty deed. In the event that Millwood defaults in the timely payment of any Millwood Reimbursement Payment unto the County, then and in such event, the County shall have no obligation whatsoever to convey fee simple title to the Events Center Parcel to Millwood, and shall have no responsibility or liability whatsoever to reimburse Millwood for the Millwood Reimbursement Payments received by the County or any portion thereof. The deed conveying title to the Events Center Parcel to Millwood shall include a reserved parking easement for the benefit of the Fire Station Parcel over the parking lot located on the north side of the Events Center for overflow or special event parking. b. Provided that the County is the lessee under the terms of that certain Lease with the Winchester Regional Airport Authority (the "Airp ®rt "), as lessor, for the lease of that certain parking lot located upon a portion of the lands owned by the Airport adjacent to the Events Center Parcel (" Airport Parki�ag Lease " }, the County agrees to assign and convey all of its rights as lessee under the terms of the Airport Parking Lease to Millwood at the time of conveyance of the Events Center Parcel unto Millwood. Section 4. MAINTENANCE AND UTILITIES a. The County shall be responsible for routine day to day maintenance, upl�eep and repair of the Fire Station Parcel (including, but not in any way limited, to the Fire Station) including such activities as cleaning, minor repairs, mowing and landscaping at the County's sole cost and expense. b. Millwood shall be responsible for routine day to day maintenance, upkeep and repair of the Events Center Parcel (including, but not in any way limited to, the Events Center) including such activities as cleaning, minor repairs, mowing and landscaping at Millwood's sole cost and expense. c. The County shall be responsible for all major repairs, painting, as needed replacement of capital items, such as building fixtures, building mechanical equipment and building structural items, for the Fire Station Parcel (including, but not in any way limited, to the Fire Station) at the County's sole cost and expense. d. Millwood shall be responsible for all major repairs, painting, as needed replacement of capital items, such as building fixtures, building mechanical equipment and building structural items, for the Events Center Parcel (including, 129 but not in any way limited to, the Events Center }, at Millwood's sale cost and expense. e. The County shall be responsible for the payment of the costs of standard utility services for the Fire Station (including, but not in any way limited to, electric, gas, water, sewer and other utilities) at the County's sole cost and expense. f. Millwood shall be responsible for the payment of the costs of standard utility services for the Events Center (including, but not in any way limited to, electric, gas, water, sewer and other utilities) at the Millwood's sale cost and expense. Section 5. STAFFING AND EQUIPMENT a. Staffing of the Fire Station by the County and Millwood for fire and rescue operations shall be governed by the Fire 8z Rescue Operations Agreement. b. The acquisition and ownership of fire and rescue equipment for the Station, other than building fixtures, shall be governed by separate existing and any to be determined agreements between the County and Millwood. c. Staffing of the Events Center by Millwood for banquet and other social events shall be the sole responsibility of Millwood. Section 6. DEEDS a. As referenced in Section 1(a }, above, in the event that the Bond is paid and satisfied in full with a portion of the proceeds of the Financing, the EDA shall convey fee simple title to the Fire Station Parcel and the Events Center Parcel, including all of the EDA's right, title and interest in the Fire Station Parcel and the Events Center Parcel, the Project (as such term is defined in the Lease) and the Lease, to the County by special warranty deed. b. In connection with part of the Financing, Millwood agrees to execute that certain Quitclaim Deed and Deed of Release, a copy of which is attached hereto marked Exhibit "C ", whereby Millwood forever assigns, conveys, quitclaims and releases unto the EDA, and its successors and assigns all of its right title and interest in and to the Property. Section 7. DEBT' SERVICE RESERVE ACCOUNT' Upon completion of the Financing and payment in full of the Bond, and provided that Millwood has fially complied with the terms and conditions of this MOU, Millwood shall receive the remaining funds on deposit in the Debt Service Deserve Account, currently $58,461.33 which -5- 130 funds shall be used by Millwood for the maintenance /repair obligations set forth in Section 3(d }, above. Section S. RIGHT OF FIRST REFUSAL, In the event that Millwood does not default in the paynnent of the Millwood Reimbursement Payments to the County, as called for in Section 2, above, and in the event that the County conveys the Events Center Parcel to Millwood in accordance with the terms of Section 3, above, the Deed conveying the Events Center Parcel to Millwood shall include that certain Right of First Refusal (the "County 3Zight of First ReftrsaI "} upon the terms and conditions set forth below: a. The County Right of First Refusal granted to the County herein shall apply to any bona fide written offer received by Millwood from a third party purchaser to purchase the Events Center Parcel. b. in the event that Millwood receives a bona fide written offer from a third party to purchase the Events Center Parcel, which bona fide written offer is deemed acceptable by Millwood (the f6 ®ffer "), Millwood shall give written notice of the Offer (which shall include the terms and conditions of the Offer) to the County. The County shall have fifteen (15) calendar days after receipt of the written notice from Millwood of the Offer to notify Millwood in writing that the County will purchase the Events Center Parcel upon the same financial terms and conditions as contained in the Offer. If the County fails to give written notice to Millwood within fifteen (15) calendar days after receiving written. notice from Millwood of the terms of the Offer, then the County shall be deemed to have declined to have exercised the Right of First Refusal granted to the County herein. If the County exercises the Right of First Refusal granted herein, Millwood and the County agree to enter into a Purchase and Sale Agreement within fifteen {15} calendar days after Millwood receives written notice of exercise of the Right of First Refusal by the County upon the same terms and conditions as were contained in the Offer. Any such Purchase and Sale Agreement shall also include customary terms and conditions then in effect governing the sale and conveyance of comrnerciaUbusiness real property in the Commonwealth of Virginia. c. Notice to the County shall be deemed given when (i) received by confirmed e -mail transmission; {ii) hand - delivered by personal delivery; (iii) one {1) business day after pickup by UPS, Federal Express or similar overnight delivery service; or (iv) when received by registered or certified mail (return receipt requested, first class postage prepaid) to the following address: 107 North Kent Street, Winchester, Virginia 22601, Attn: County Administrator. 131 Section 9. MISCELLANEOUS a. Ratification and Confrmation. All provisions of the Agreement, as amended by this MOU, are hereby ratified and confirmed by the parties and shall remain in fiali force and effect. b. Countemarts. This MOU maybe executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. c. Entire A Bement. This MOU constitutes the entire agreement of the parties regarding the subject matter hereo#: d. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. e. Non - Assignment. Millwood shall not be authorized or permitted to assign, transfer or convey, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or in any other manner, all or any portion of its rights, duties and/or obligations under the terms of this MOU. Any such attempted assignment, transfer or conveyance by Millwood in violation of this provision shall be deemed wholly null and void and of no binding force or effect whatsoever. The foregoing provision shall terminate at such lime as fee simple title to the Events Center Parcel is conveyed by the County to Millwood in compliance with the terms of Section 3 {a) above. f. Time. Time is of the essence as to all matters in the Agreement and this MOU. IN WITNESS WHEREOF, the parties have caused this MOU to be duly executed as of the day of , 2015, by their duly authorized representatives. COUNTY OF FREDE TCT� VIRGINIA �y: Its: ounty Admi at r MILLWOOD STATION VOLUNTEER FIRE AND RES COMPANY 21, INCORPOR ATF. By:� --- Its: President _'� 132 ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA r C: IUserslPubIiclDocumenislPhylFilesVigree�entslMillwood MOU.doc 133 ......... �.�.,....: ... �� 34 W ...... ......... m �. �.. ..._. � ......W ..�:...: lll��od Stata ®� 1~lnane thz�� `Tl� -�l�i� �smur�es Aut��°i� hates as �f 1VIay 13, X015 Loan Payoff Cost of Issuance Underwriter's Discount i' is `. "•, '; 613 0/2016 613 012 0 1 7 6/30/2018 6/30/2019 613 0/2020 613 0IZ021 6/30/2022 6/30/2023 6/3 012024 6/30/2025 613 0/2026 6/30/2027 613 0/202 8 6/30/2029 6/3 01203 0 6/30/2031 613 012032 6/30/2033 b13012034 6/30/2035 6/30/2036 6/30/2037 6/30/203 8 613 01203 9 613 012040 b13 012041 613 0/2042 MzsclMiliwood Statinn Sch B 45,40% $2,748,672 $1,247,897 80,992 36,770 X_1,607 5.269 $2,841,271 $1,289,937 �: r: 1' $27,209.00 74,999,00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,99900 74, 999.00 74,999.00 74,999.00 74,999.00 74, 999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 50,332.00 Total ,�i. .V • . �. F � i � 7 , ..0_ $32,198.00 33,299.00 34,437.00 35,614.00 36,831.00 3 8,089.00 39,391,00 40,737,00 42,129.00 43,569.00 45,058.00 46,598.00 48,190.00 49,837.00 51,540.00 53,302.00 55,123.00 57,007D00 58,955,00 60,970.00 63,053.00 65,208.00 67,43 7.00 69,741.00 72,124.00 49,500.00 $1,289,937.00 135 $27,209.00 42,801,00 41,701.00 40,563.00 39,3 86.00 3 8,169.00 3 6,910.00 35,608.00 34,262.00 32,87o.ao 31,430.00 29,941.00 28,402,00 26,809,00 25,162.00 23,459.00 21,698.00 19,876.00 17,993.00 16,044, 00 14, 03 0.00 1 1,946.00 9,791.00 7,563.00 5,258.00 2,875.00 . s32.o0 y, �.i �; $27,209.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999,00 74,999.00 74,999,00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999.00 74,999,00 74,999.00 74,999.00 74,999.00 74,999.00 50,332.00 $b62,588,00 $1,952,525.00 ,., � I� 7B�,Pi 3113/15 TIiIS QUITCLAIM DEED AND DEED OF RELEASE, made and dated this af__, � 2015, by and between MILL�VOOD STATION VOI.,UNTEEI� FIRE Al®TD RESCUE COMPANV 21 INCOI�ORATED, a Virginia nanstock, not -for- profit corporation duly organized to provide volunteer fire and rescue services, hereinafter sometimes referred to as "Grantor" ar "Millwood Station ", ECONOMIC DEVELOPMENT AI7TgIORTTiJ OF THE COUI®1TY OF FREDERICK VIRGINIA (formerly known as the Industrial Development Authority of Frederielc County, Virginia), a political subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as "Grantee" or "Authority ", and TIIE COUNTY OF FREDERICK VIRGINIA hereinafter the " County" (far indexing purposes only). RECITALS: A. The Grantor has previously executed that certain Deed dated February 23, 2007, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 0700030$6 (the "Deed "), whereby that certain parcel, containing 4.1624 acres, more or less, designated as Lat 5 on that certain plat titled "Final Subdivision Plat for Prince Frederick Office Park Phase 2" dated October 25, 1999, drawn by David F. Spriggs, L.S. (the "1Vlillwood Station Property "), was conveyed to the Industrial Development Authority of Frederick County, Virginia, now known as the Economic Development Zichael I.. Bryan �vs� ��s737 Authority of the County of Frederick, Virginia, a political subdivision of the Commonwealth 6 S. Braddock St �'incnester, vA of Virginia. B. Upon conveyance of the Millwood Station Property to the Authority, the 136 .� Authority issued its $3,OOO,Q00.00 Industrial Development Authority of Frederick County, Virginia, Taxable Lease Revenue Bond (Millwood Station Project), Series 2007 (the "Boyd " }, payable to United States of America, acting through Rural Housing Service, an Agency of the United States Department of Agriculture ( "1�S " }. Repayment of the Bond is secured, in part, by that certain Deed of Tr�zst dated February 23, 2007 executed by the Authority, of record in the aforesaid Clerk's Off ce as Instrument No. 07QOQ3Q$7 (the "Deed of T'r�ast "), and that certain Assignment of Rents and Leases dated February 23, 2QQ7 executed by the Authority, of record in the aforesaid Clerk's Office as Instrument No. 070003088 (the "Assignment "). C. The Grantor and the Authority have previously executed that certain Lease, Operating and Management Agreement dated February 23, 2007, attached to and made a part of the Assignment (the "Lease " }. D. As set forth in the aforesaid Deed and the aforesaid Lease, in the event that the Grantor redeems or pays the Bond in whole (in full), the Authority shall convey fee simple title to the Millwood Station Property, including all of the Authority's right, title and interest in the Millwood Station Property, the Project (as such term is defined in the Lease} and the Lease. E. The Authority intends to convey title to the Millwood Station Property to The County of Frederick, Virginia. The County intends to borrow funds necessary to pay off or ��enaer z. Aryan redeem the Bond in whole in full with the roceeds of such financing. vs� #zs73' ( ) p W.6 S. Braddock St a'VWnchester, v� F. In consideration of the payment of the Bond in whole (in full) by the 2 137 County, Millwood Station has agreed to quitclaim and release any right that 1 it has to again acquire title to the Millwood Station Property as called for under the terms of the aforesaid Deed and Lease, as more fully set forth hereinafter. 1� ®W TFIEREF ®RE WT'I`I\TESSETFI: That for and in consideration of the sum of Ten Dollars ($10.00 }, and other consideration deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, Millwood Station, as Grantor, hereby forever assigns, conveys, quitclaims and releases unto the Authority, as Grantee, and its successors and assigns, all of its right, title and interest, of whatsoever nature and howsoever held, in and to the Millwood Station Property, being mare particularly described as follows: All that certain lot or parcel of land, together with all rights, rights of way, improvements and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 4.1624 acres, more or less, designated as Lot 5 on that certain plat titled "Final Subdivision Plat for Prince Frederick Offtce Park Phase 2" dated October 25, 1999, drawn by David F. Spriggs, L.S., which plat is attached to and made a material part of that certain Deed of Subdivision and Dedication and Easement dated December 9, 1999, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 990014616 (Deed Book 955, at Page 152 }. Reference is hereby made to the aforesaid instrurr�ents and the references contained therein for a mare particular description of the property conveyed hereby. Tax Map No. 64 -105 NG� TFIEREF® FtYTaTHElt VVITIVESSETH: That far and m consideration of the sum of Ten Dollars ($10.00 }, and other consideration deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, Millwood Station, as Grantor, hereby forever irrevocably releases any right to have fee simple title to the Millwood Station �iichaeI I.. Bryan d'SB #15737 t6 s. Braddock 5t Property, including all of the Authority's right, title and interest in the Millwood Station Ivinchester, d'A Property, the Project (as such term is defined in the Lease) and the Lease, re- conveyed to 3 138 _ ��`- 3,a,s�;.,...�� ���� :3,' �� • . . ��� � � �A,� sir fi; ��: f _ � - e`f.F7�``�',Y'� Michael Y,. Bryan 'VSB #15737 l6 S. Braddock st V4'iaach ester, 'VA Millwood Station as called for under the terms of the hereinabove referenced heed and Lease. WITNESS the following signature and seal: MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPAY ,1,1NCORPORATED Robert B. Hall, Presi STATE OF VIRGINIA, AT LARGE, CITYICQUNTY OF �"� -�,q�; G� , to -wit; ,} The foregoing instrument was acknowledged before me on the 2� � day of �vr~ e. , 2015 by Robert B. Hall as President of Millwood Station Volunteer Fire and Rescue Company 21, Incorporated. My commission expires � � - 3a - act 1S" MLB /pmn e:IDeedslMillwvod Quitclaim Deed 3 /13 /15 139 4 �_.� Not y blic � °��tty2� N W z Q d O w U U W � � W w cn O � H O N � W Z w w w Q d LfI O N w J Q H O H W � N w_ Z J � z c~i1 Q w � Z O H ~ Z � m � � O � U z O U � �_ Z � � w � w N � Z � a ° a � � � w W w J O w cN G Q O d W �_ w W Q W cJ G W O U w O N Ol � 00 � M � I� M l0 Ol l0 N M O � Ol M � N l0 Ol c-I N O 00 l0 O c-I � M � c-I M l0 � 00 Ol Ol M 11'I l0 l0 M N Ol O N M Ol l0 I� LfI l0 O O M 00 Ll'I c-I 00 00 I� O N c-I c-I c-I N c-I N c-I c-I c-I O O� m � c-I 00 I� Ol 00 O I� 00 LfI N O I� u'I O� O �O O� .� u� .� .� � O 00 l0 l0 Ol 00 O M LfI O O N O c-I Ol l0 I� 00 N M LfI O LfI c-I O O O O O O O O �n u� u� u� u� N Ol N N Ol Ol O I.fI � � I.fI LfI c-I O� N Ol N N N N N N N N N N N c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I N N N N N N N N N N N Ol 00 N Ol O LfI Ol I� 00 c-I Ol N N 11'I I.fI l0 I� ci N c-I 00 l0 l0 I� 11'I I� O M ci 00 N I� N O l0 � LfI M O I� l0 N N c-I c-I c-I � c-I N -I z � O z Q Q w W � J U Q U F O w O w�� O O~ cn O O w_ O z 0 0 N �� Q z�� = m z � o p a � w w m p cn Q � J O J O 2 p � u.a Z w ~ w H O � � U a � Q � � Z � w � z J w � � O O Q�� O w U� cn � U C7 � C7 cn C7 Z � � �i w LfI c-I N Ol Ol c-I i/� O O� m t/� Ol M N N t/� O LfI M O� N Ol 77 O O Ol M N 7J: LfI LfI c-I N i/� N c-I M i/� J Q O O N i/� N U C f6 f6 C N f6 a� O N w 0 r � N l0 � O Ol N I� Ol 00 M � Ol I� � � M N � l0 M � M I.fI M O N � 00 l0 .� M u� .� O� M .� .� �O � � -I z � O z Q Q w W � J U Q U F O w O w�� O O~ cn O O w_ O z 0 0 N �� Q z�� = m z � o p a � w w m p cn Q � J O J O 2 p � u.a Z w ~ w H O � � U a � Q � � Z � w � z J w � � O O Q�� O w U� cn � U C7 � C7 cn C7 Z � � �i w LfI c-I N Ol Ol c-I i/� O O� m t/� Ol M N N t/� O LfI M O� N Ol 77 O O Ol M N 7J: LfI LfI c-I N i/� N c-I M i/� J Q O O N i/� N U C f6 f6 C N f6 a� O N w 0 r FYI6 AUGUST BUDGET TRANSFERS DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 8/1/2015 MIS PROMOTIONS /RECLASSIFICATIONS 12221001 000 032 3,149.66 SHERIFF 3102 1002 000 006 3,629.15 SHERIFF 3102 1002 000 026 (3,629.15) TRANSFERS /CONTINGENCY 9301 5890 000 000 (3,149.66) 8/7/2015 OTHER COVER CONTRIBUTION 12245604 000 079 60,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 5605 000 005 (60,000.00) 8/7/2015 REFUSE COLLECTION COVER P/T HELP NOT RESTORED 4203 1003 000 000 13,574.00 TRANSFERS /CONTINGENCY 93015890 000 000 (13,574.00) 8/10/2015 COUNTY ADMINISTRATOR CREATING OTHER OPERATING 12015506 000 000 (500.00) COUNTY ADMINISTRATOR 12015413 000 000 500.00 8/11/2015 FIRE AND RESCUE TUITION COVERAGE 3505 5506 000 000 (700.00) FIRE AND RESCUE 3505 2013 000 000 700.00 8/20/2015 REFUSE COLLECTION FUND REPAIRS AND MAINTENANCE 4203 3004 000 003 (3,000.00) REFUSE COLLECTION 4203 3004 000 002 3,000.00 8/20/2015 IT IT /MIS REORGANIZATION 1220 1001 000 022 (42,678.00) IT 12201001 000 026 (5,415.00) IT 1220 2001 000 000 (3,679.00) IT 1220 2005 000 000 (10,640.00) IT 1220 2002 000 000 (6,036.00) IT 1220 2006 000 000 (677.00) IT 1220 2011 000 000 (48.00) MIS 1222 1001 000 055 48,093.00 MIS 1222 2001 000 000 3,679.00 MIS 1222 2005 000 000 10,640.00 MIS 1222 2002 000 000 6,036.00 MIS 1222 2006 000 000 677.00 MIS 1222 2011 000 000 48.00 8/20/2015 MAINTENANCE ADMINISTRATION LAPTOP FOR MAINTENANCE HVAC CLIMATE CONTROL 4301 5401 000 005 1,300.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3004 000 005 (1,300.00) 8/25/2015 COUNTY ADMINISTRATOR PUBLIC INFORMATION OFFICER SALARY &FRINGES 12011001 000 037 7,368.00 COUNTY ADMINISTRATOR 12012001 000 000 563.65 COUNTY ADMINISTRATOR 12012002 000 000 781.74 COUNTY ADMINISTRATOR 12012006 000 000 87.68 COUNTY ADMINISTRATOR 12012011 000 000 7.37 TRANSFERS /CONTINGENCY 9301 5890 000 000 (8,808.44) 141 County of Frederick, VA Report on Unreserved Fund Balance September 10, 2015 Unreserved Fund Balance, Beginning of Year, July 1, 2015 Prior Year Funding & Carryforward Amounts C/F Rose Hill Park C/F Sherando Park master plan C/F DARE C/F Abbott Grant C/F Fire Company Capital Reserve E- summons funds �:I.� »�SM�.P�.P�.P� � � � "7�S�:P� � {1 �:P�/:qP� b by 4)�'W'. °�, �' �� �g{l�1Mq:I�.pp�.P� b4)p 4),I,. �k �,� Other Funding /Adjustments Parks returned unused proffer � "7:L�:P� COR refund - Brookfield Stephenson Village ���:PM�� ��%� COR refund -Ally Financial ���M�i�:P��� COR refund -Ford Motor Credit ��M�% ��:P� COR refund -Opal Oil ��iM�:P "7�:P� Treasurer drive through repair � ��:PM�:P�:P�:P� Circuit Clerk - deputy clerk position �:L�:PM�%:I. �� Airport capital ��» �M�S:I.�S� Gainesboro site retainage 5,960 COR refund - disabled veteran � �M� »�s�%� COR refund - Greenway Engineering � �L��M "��� �� COR refund - Navitus Engineering ��k��� »�:P� COR refund - Citizens Asset Finance ���M "7 �� »� COR refund - Carrier Enterprises �:L�i�iM ��%�� Fund Balance, September 10, 2015 142 42,344,282 ��'W�AIp�A' b�,.A'�' /q ,p 41,501,697 County of Frederick General Fund August 31, 2015 ASSETS FY16 FY15 Increase Reserved: 8/31/15 8/31/14 (Decrease) Cash and Cash Equivalents 56,063,901.57 48,935,761.59 7,128,139.98 *A Petty Cash 1, 555.00 1, 555.00 0.00 (2) Attached Receivables: 4,779.85 2,135.00 2,644.85 Taxes, Commonwealth,Reimb.P /P 42,399,629.43 41,699,937.32 699,692.11 *D Streetlights 16,476.70 17,120.25 (643.55) Miscellaneous Charges 46,059.63 40,649.84 5,409.79 Due from Fred. Co. San. Auth. 734,939.23 734,939.23 0.00 Prepaid Postage 2,740.20 1,858.34 881.86 *E GL controls (est.rev / est. exp) (8,476,900.86) (6,270,483.06) (2,206,417.80) (1) Attached TOTAL ASSETS 90,788,400.90 85,161,338.51 5,627,062.39 LIABILITIES 5,042,419.80 4,170,570.67 871,849.13 (3)Attached Performance Bonds Payable 446,656.75 443,179.35 3,477.40 Taxes Collected in Advance 196,174.53 76,563.23 119,611.30 *B Deferred Revenue 42,456,861.23 41,746,569.02 710,292.21 *C TOTAL LIABILITIES 43,099,692.51 42,266,311.60 833,380.91 (4) Attached EQUITY Fund Balance Reserved: Encumbrance School (581,267.27) (109,448.47) (471,818.80) Encumbrance General Fund 723,446.20 351,871.57 371,574.63 (2) Attached Conservation Easement 4,779.85 2,135.00 2,644.85 Peg Grant 137,071.75 244,254.00 (107,182.25) *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 Fees 269,039.57 222,145.76 46,893.81 *E Historical Markers 17,322.25 17,283.35 38.90 Animal Shelter 335,530.02 335,530.02 0.00 Proffers 5,042,419.80 4,170,570.67 871,849.13 (3)Attached Economic Development Incentive 0.00 550,000.00 (550,000.00) E- Summons Funds 38,816.25 0.00 38,816.25 VDOT Revenue Sharing 436,270.00 436,270.00 0.00 Undesignated Adjusted Fund Balance 40,436,270.29 35,845,405.33 4,590,864.96 (4) Attached TOTAL EQUITY 47,688,708.39 42,895,026.91 4,793,681.48 TOTAL LIAB. &EQUITY 90,788,400.90 85,161,338.51 5,627,062.39 NOTES: *A Cash increase can be mainly attributed to the increase in fund balance. *B Prepayment of taxes. *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. *E Previously ADA Fees. 143 BALANCE SHEET (1) GL Controls FY16 FY15 Inc /(Decrease) 3,433.87 Konica Minolta Printer /Copier /Scanner Est.Revenue 147,542,644 138,308,377 9,234,267 (1,030,165.96) Appropriations (63,720,264) (58,805,279) (4,914,985) 49,223.72 Uniforms Est.Tr.toOtherfds (93,022,727) (86,125,452) (6,897,275) 3,054,706.90 Encumbrances 723,446 351,872 371,575 6,000.00 Rose Hill Park Engineering Service (8,476,901) (6,270,483) (2,206,418) General Fund Purchase Orders @8/31/15 DEPARTMENT Amount Clerk 3,433.87 Konica Minolta Printer /Copier /Scanner Fire &Rescue 789.28 Dual Band Radio System (9,972,196.28) 29,943.88 2016 Ford F260 Truck (1,030,165.96) 11,921.65 Textbooks 40,436,270.29 26,893.50 2016 Utility Police Interceptor SCHOOLS 49,223.72 Uniforms ENGINEERING 26,632.40 2015 Chevrolet Colorado Truck General Fund Departments 10,893.96 (44) Microsoft Licenses 3,054,706.90 29,752.10 (30) Dell Desktop & (14) Laptop PC's INSPECTIONS 53,264.80 (2) 2015 Chevrolet Colorado Trucks Parks 6,000.00 Rose Hill Park Engineering Service 26,115.30 (2) Toro Zero Turn Riding Mowers 48,750.00 (2) Chevrolet Silverado Trucks 5,100.00 (1,500) Dry Fit Sports Caps for the Half Marathon 17,625.00 (1,500) Long Sleeve T- Shirts for the Half Marathon Refuse Collection 5,960.00 Concrete Wall /Slab for Gainesboro Citizens Site 17,495.00 Recycling Container &Compactor 7,545.15 Repair 2006 Ford Pickup Sheriff 256,540.40 (10) 2015 Police Interceptors 8,475.00 (16) Body Armor 12,672.62 (17) Pistols and (7)Rifles 21,717.00 Camera System with (2) Cameras 4,773.65 Uniforms 30,095.52 (12) Tactical Vests & (24) Hard Armor Plates 7,215.00 (6) Raptor Radar Units Treasurer 4,637.40 Envelopes Total 723,466.20 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 @8/31/15 218,936.34 1, 000.00 108,000.00 12/11/14 Board Action designated $50,000 for final debt payment 101,206.00 on the Huntsberry property. 10, 000.00 25,000.00 25,000.00 162, 375.00 41, 776.00 12, 000.00 26,000.00 330.000.00 1,061,293.34 (4) Fund Balance Adjusted Ending Balance 8/31/15 41,809,597.92 Designated 9,629,034.61 (3)Proffer Information (9,972,196.28) Transfers 8/15 (1,030,165.96) Other 40,436,270.29 SCHOOLS PARKS FIRE &RESCUE Projects TOTAL Balance (7a H /31/15 3,054,706.90 435,280.16 491,139.40 1,061,293.34 5,042,419.80 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 @8/31/15 218,936.34 1, 000.00 108,000.00 12/11/14 Board Action designated $50,000 for final debt payment 101,206.00 on the Huntsberry property. 10, 000.00 25,000.00 25,000.00 162, 375.00 41, 776.00 12, 000.00 26,000.00 330.000.00 1,061,293.34 (4) Fund Balance Adjusted Ending Balance 8/31/15 41,809,597.92 Revenue 8/15 9,629,034.61 Expenditures 8/15 (9,972,196.28) Transfers 8/15 (1,030,165.96) 8/15 Fund Balance Adjusted 40,436,270.29 144 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance August 31, 2015 FY16 FY15 YTD REVENUES: 8/31/15 8/31/14 Actual Appropriated Actual Actual Variance General Property Taxes 100,608,073.00 3,594,867.68 3,263,739.06 331,128.62 (1) Other local taxes 31,899,849.00 1,038,981.42 865,267.96 173,713.46 (2) Permits &Privilege fees 1,663,682.00 412,828.95 308,417.76 104,411.19 (3) Revenue from use of money 59,032.99 Health and Welfare 8,177,956.00 1,297,438.29 1,187,113.83 and property 152,466.00 47,995.21 41,706.76 6,288.45 (4) Charges for Services 2,478,226.00 407,038.66 394,267.89 12,770.77 Community Development Miscellaneous 529,528.00 10,943.94 94,908.67 (83,964.73) 65,668,220.86 Recovered Costs 1,317,191.00 494,170.86 640,565.04 (146,394.18) (5) Intergovernmental: Commonwealth 8,854,629.00 3,611,595.20 3,790,374.67 (178,779.47) (6) Federal 39,000.00 10,612.69 0.00 10,612.69 (7) Transfers 0.00 0.00 0.00 TOTAL REVENUES 147,542,644.00 9,629,034.61 9,399,247.81 229,786.80 EXPENDITURES: General Administration 9,745,649.46 1,423,567.31 1,293,079.18 130,488.13 Judicial Administration 2,363,965.85 350,954.13 313,447.49 37,506.64 Public Safety 32,177,642.68 5,079,408.64 5,416,985.74 (337,577.10) Public Works 4,837,982.68 494,654.11 435,621.12 59,032.99 Health and Welfare 8,177,956.00 1,297,438.29 1,187,113.83 110,324.46 Education 56,000.00 14,000.00 14,000.00 0.00 Parks, Recreation, Culture 6,312,979.24 1,110,231.06 1,027,656.74 82,574.32 Community Development 1,996,044.95 201,942.74 776,510.55 (574,567.81) TOTAL EXPENDITURES 65,668,220.86 9,972,196.28 10,464,414.65 (492,218.37) (8) OTHER FINANCING SOURCES (USES): Operating transfers from / to 91,074,770.20 1,030,165.96 1,617,059.55 (586,893.59) (9) Excess (deficiency)of revenues &other sources over expenditures & other uses (9,200,347.06) (1,373,327.63) (2,682,226.39) (1,308,898.76) Fund Balance per General Ledger 41,809,597.92 38,527,631.72 3,281,966.20 Fund Balance Adjusted to reflect 40,436,270.29 35,845,405.33 4,590,864.96 Income Statement 8/31/15 145 (1)General Property Taxes FY16 FY15 Increase /Decrease Real Estate Taxes 1,306,260 1,200,246 106,014 Personal Property 2,169,171 1,943,834 225,337 Penalties and Interest 53,592 38,928 14,663 Credit Card Chgs. /Delinq.Advertising (20,134) (16,643) (3,491) Adm.Fees For Liens &Distress 85,979 97,373 (11,395) Lodging Tax 3,594,868 3,263,739 331,129 (2) Other Local Taxes Communications Sales Tax 174.10 - 174.10 Utility Taxes 252,404.84 128,097.56 124,307.28 Business Licenses 132,174.80 126,031.62 6,143.18 Motor Vehicle Licenses Fees 39,566.18 37,475.90 2,090.28 Recordation Taxes 267,823.46 225,747.03 42,076.43 Meals Tax 310,525.88 323,058.57 (12,532.69) Lodging Tax 35,620.94 24,139.03 11,481.91 Street Lights 390.36 538.25 (147.89) Star Fort Fees 300.86 180.00 120.86 Total 1,038,981.42 865,267.96 173,713.46 (3)Perm its &Privileges Dog Licenses 1,850.00 10,462.00 (8,612.00) Transfer Fees 588.60 486.90 101.70 Development Review Fees 85,088.54 72,439.50 12,649.04 Building Permits 218,481.40 167,037.13 51,444.27 2 %State Fees 9,345.41 3,729.73 5,615.68 Electrical Permits 28,674.00 10,947.00 17,727.00 Plumbing Permits 5,319.00 1,890.00 3,429.00 Mechanical Permits 36,659.00 8,842.50 27,816.50 Sign Permits 900.00 350.00 550.00 Permits for Commercial Burning - 50.00 (50.00) Explosive Storage Permits - 300.00 (300.00) Blasting Permits 60.00 75.00 (15.00) Land Disturbance Permits 25,863.00 31,508.00 (5,645.00) Sewage Installation License - 300.00 (300.00) Total 412,828.95 308,417.76 104,411.19 (4) Revenue from use of Money 36,003.52 37,887.90 (1,884.38) Property 11,991.69 3,818.86 8,172.83 Total 47,995.21 41,706.76 6,288.45 146 (5) Recovered Costs FY16 FY15 Increase /Decrease Recovered Costs Treas.Office - 200.00 (200.00) Worker's Comp 250.00 - 250.00 Recovered Costs- IT /GIS 313.98 - 313.98 Reimbursement Circuit Court 2,482.27 1,399.28 1,082.99 Reimb.Public Works /Planning Clean Up 570.00 - 570.00 Clarke County Container Fees 18,466.27 7,737.98 10,728.29 City of Winchester Container Fees 13,469.60 8,110.50 5,359.10 Refuse Disposal Fees 19,333.91 13,001.62 6,332.29 Recycling Revenue 7,836.60 9,612.90 (1,776.30) Fire &Rescue Merchandise(Resale) 1,050.00 - 1,050.00 Container Fees Bowman Library 437.64 284.38 153.26 Litter -Thou /Keep VA Beautiful Grant 500.00 - 500.00 Restitution Victim Witness 3,171.00 2,174.00 997.00 Reimb.of Expenses Gen.District Court 3,469.99 5,448.17 (1,978.18) Reimb.Task Force 11,161.44 16,069.72 (4,908.28) Sign Deposits Planning (50.00) (50.00) - Reimbursement- Construction Projects - 385,799.69 (385,799.69) Comcast PEG Grant 17,879.40 17,741.25 138.15 Proffer -Other 157,500.46 449.50 157,050.96 Fire School Programs 8,120.00 10,305.00 (2,185.00) Proffer Redbud Run 19,362.00 12,908.00 6,454.00 Clerks Reimbursement to County 2,418.09 1,715.29 702.80 Proffer Canter Estates 12,263.91 - 12,263.91 Proffer Village at Harvest Ridge 3,078.00 3,078.00 - ProfferSnowden Bridge 108,498.72 74,592.87 33,905.85 Proffer Meadows Edge Racey Tract 80,576.00 60,432.00 20,144.00 Sheriff Reimbursement 1,011.58 4,673.89 (3,662.31) Proffer Westbury Commons 1,000.00 - 1,000.00 Proffer Cedar Meadows Proffer - 4,881.00 (4,881.00) Total 494,170.86 640,565.04 (146,394.18) "1 Reimbursement for the Round Hill Fire and Rescue Station and Event Center design. "2 Blackburn Commerce Center Rezoning /Transportation Improvement $153,600.46 147 (6) Commonwealth Revenue 8/31/2015 8/31/2014 FY16 FY15 Increase /Decrease Motor Vehicle Carriers Tax 37,180.73 182.92 36,997.81 Mobile Home Titling Tax 29,477.94 21,558.45 7,919.49 Recordation Taxes 81,547.51 90,332.37 (8,784.86) P/P State Reimbursement 2,610,611.35 2,610,611.27 0.08 Shared Expenses Comm.Atty. 36,708.00 31,522.72 5,185.28 Shared Expenses Sheriff 166,142.91 165,160.27 982.64 Shared Expenses Comm.of Rev. 16,641.68 16,464.21 177.47 Shared Expenses Treasurer 11,477.17 11,382.51 94.66 Shared Expenses Clerk 28,272.36 26,944.59 1,327.77 Public Assistance Grants 494,996.41 449,616.92 45,379.49 Emergency Services Fire Program - 35,714.00 (35,714.00) DMV Grant Funding 5,462.99 12,342.03 (6,879.04) DCJS &Sheriff (State Grants) - 99,064.88 (99,064.88) JJC Grant Juvenile Justice 32,090.00 32,090.00 - Rent /Lease Payments 49,283.74 27,051.57 22,232.17 Wireless 911 Grant 5,410.75 158,603.43 (153,192.68) State Forfeited Asset Funds 6,291.66 1,732.53 4,559.13 Total 3,611,595.20 3,790,374.67 (178,779.47) *1 Increase for Special Needs *2 Abbott Grant FY15 $99,064.88 *3 FY15 included the $150,000 for CPE Phone System �� *1 *2 *3 County of Frederick General Fund August 31, 2015 (7) Federal Revenue FY16 FY15 Increase /Decrease Federal Forfeited Assets 10,612.69 - 10,612.69 Total 10,612.69 - 10,612.69 (8) Expenditures Expenditures decreased $492,218.37. Public Safety decreased $337,577.10. Included in this difference is the Sheriff's department payment for (17) vehicles in the previous year for a total of $412,580.00. The $574,567.81decrease in Community Development reflects the $500,000.00 transfer to the Economic Development Authority for the H.P. Hood incentive. The Transfers decreased $586,893.59. See chart below: (9) Transfers Decreased $586,893.59 FY16 FY15 Increase /Decrease Transfer to School Operating 581,267.27 109,448.47 471,818.80 Transfer to Debt Service County 151,387.95 147,789.96 3,597.99 Transfer to Capital Projects Fund 0.00 1,000,000.00 (1,000,000.00) Operational Transfers 297,510.74 359,821.12 (62,310.38) Total 1,030,165.96 1,617,059.55 (586,893.59) *1 Increase in FY15 School Operating Transfer. *2 Proffer for Round Hill Fire and Rescue and Event Center Site Plan Development. *3 Timing of Insurance Charge Outs. 149 *1 *2 *3 EQUITY Fund Balance Reserved Encumbrances 132,240.74 23,580.02 108,660.72 Undesignated Fund Balance 2.903.778.55 2.827.678.56 76.099.99 *2 TOTAL EQUITY 3,036,019.29 2,851,258.58 184,760.71 TOTAL LIABILITY &EQUITY 5,294,923.29 4,966,357.58 328,565.71 NOTES: *1 Cash increased $507,328.21. Refer to the following page for comparative statement of revenues and expenditures and changes in fund balance. *2 Fund balance increased $76,099.99. The beginning balance for FY16 was $3,209,470.54 and includes adjusting entries, budget controls FY16($725,046.00), and the year to date revenue less expenditures of $419,354.01. Current Unrecorded Accounts Receivable- Prisoner Billing: Compensation Board Reimbursement 8/15 Total FY2016 25,725.97 447,271.15 472,997.12 150 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER August 31, 2015 ASSETS FY2016 FY2015 Increase 8/31/2015 8/31/2014 (Decrease) Cash 5,940,834.89 5,433,506.68 507,328.21 *1 Accounts Receivable 0.00 33,960.55 GL controls(est.rev /est.exp) (645,911.60) (501,109.65) (144,801.95) TOTAL ASSETS 5,294,923.29 4,966,357.58 362,526.26 LIABILITIES Accrued Operating Reserve Costs 2,258,904.00 2,115,099.00 143,805.00 TOTAL LIABILITIES 2,258,904.00 2,115,099.00 143,805.00 EQUITY Fund Balance Reserved Encumbrances 132,240.74 23,580.02 108,660.72 Undesignated Fund Balance 2.903.778.55 2.827.678.56 76.099.99 *2 TOTAL EQUITY 3,036,019.29 2,851,258.58 184,760.71 TOTAL LIABILITY &EQUITY 5,294,923.29 4,966,357.58 328,565.71 NOTES: *1 Cash increased $507,328.21. Refer to the following page for comparative statement of revenues and expenditures and changes in fund balance. *2 Fund balance increased $76,099.99. The beginning balance for FY16 was $3,209,470.54 and includes adjusting entries, budget controls FY16($725,046.00), and the year to date revenue less expenditures of $419,354.01. Current Unrecorded Accounts Receivable- Prisoner Billing: Compensation Board Reimbursement 8/15 Total FY2016 25,725.97 447,271.15 472,997.12 150 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 8/31 /2015 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 8/31/15 20,116,966.34 2,916,524.09 2,509,697.27 406,826.82 151 419,354.01 2,484,424.54 2,903,778.55 694,556.33 2,133,122.23 2,827,678.56 (275,202.32) 351,302.31 76,099.99 FY2016 FY2015 REVENUES: 8/31/2015 8/31/2014 YTD Actual Appropriated Actual Actual Variance Credit Card Probation - 20.77 22.59 (1.82) Supervision Fees 41,696.00 5,310.50 7,316.00 (2,005.50) Drug Testing Fees 5,000.00 - 225.00 (225.00) Work Release Fees 355,828.00 25,449.49 27,281.18 (1,831.69) Federal Bureau Of Prisons 0.00 0.00 0.00 0.00 Local Contributions 6,495,106.00 1,623,776.50 1,460,218.50 163,558.00 Miscellaneous 15,000.00 626.77 3,066.39 (2,439.62) Phone Commissions 345,000.00 0.00 0.00 0.00 Food &Staff Reimbursement 130,000.00 0.00 0.00 0.00 EIec.Monitoring Part.Fees 90,000.00 6,062.77 7,389.46 (1,326.69) Share of Jail Cost Commonwealth 1,097,197.00 0.00 0.00 0.00 Medical &Health Reimb. 68,000.00 7,604.47 5,644.36 1,960.11 Shared Expenses CFW Jail 5,090,140.00 391,202.33 397,598.50 (6,396.17) State Grants 250,263.00 0.00 0.00 0.00 Local Offender Probation 252,286.00 0.00 0.00 0.00 Transfer From General Fund 5,103,298.00 1,275,824.50 1,295,491.62 (19,667.12) TOTAL REVENUES 19,338,814.00 3,335,878.10 3,204,253.60 131,624.50 EXPENDITURES: Excess(Deficiency)of revenues over expenditures FUND BALANCE PER GENERAL LEDGER Fund Balance Adjusted To Reflect Income Statement 8/31/15 20,116,966.34 2,916,524.09 2,509,697.27 406,826.82 151 419,354.01 2,484,424.54 2,903,778.55 694,556.33 2,133,122.23 2,827,678.56 (275,202.32) 351,302.31 76,099.99 County of Frederick Fund 12 Landfill August 31, 2015 ASSETS Cash Receivables: Accounts Receivable Fees Accounts Receivable Other Allow.Uncollectible Fees Fixed Assets Accumulated Depreciation GL controls(est.rev /est.exp) TOTAL ASSETS LIABILITIES Accounts Payable Accrued VAC.Pay and Comp TimePay Accrued Remediation Costs Retainage Payable Deferred Revenue Misc.Charges TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrances Land Acquisition New Development Costs Environmental Project Costs Equipment Undesignated Fund Balance TOTAL EQUITY TOTAL LIABILITY AND EQUITY FY2016 FY2015 Increase 8/31/2015 8/31/2014 (Decrease) 32,130,780.72 31,087,447.26 1,043,333.46 0.00 1,948,442.00 9,244.62 662,914.47 610,263.83 52,650.64 *1 (566.13) 76.00 (642.13) (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) (647.034.70) (2.344.874.34) 1.697.839.64 50.628.438.79 49.244.931.51 1.383.507.28 191,362.47 178,911.24 (631,079.58) *3 12,451.23 12,233,415.93 11,938,535.78 3,812,000.00 294,880.15 *2 9,244.62 0.00 1,948,442.00 9,244.62 56( 6.13) 76.00 0.00 64( 2.13) 12.433.456.89 12.117.523.02 315.933.87 84,435.30 715,514.88 (631,079.58) *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 28.252.104.60 26.553.451.61 1.698.652.99 *4 38.194.981.90 50.628.438.79 37.127.408.49 49.244.931.51 1.067.573.41 1.383.507.28 NOTES: *1 Landfill receivables increased $52,650.64. Landfill fees at 8/15 were $493,931.11 compared to $446,953.00 at 8/14 for an increase of $46,978.11. Delinquent fees at 8/15 were $166,126.00 compated to $159,448.06 at 8/14 for a decrease of $6,677.94. *2 Remediation increased $294,880.15 and includes $265,000.00 for post closure and $29,880.15 interest. *3 The encumbrance balance at 8/31/15 was $84,435.30 and includes a 329E Compact Track Loader for $50,552.75, a 2016 Ford F250 with snow plow for $32,042.00, (2) Microsoft licenses for $495.18, and (1) Dell desktop and (1) Dell laptop totaling $1,345.37. *4 Fund balance increased $1,698,652.99. The beginning balance was $28,206,876.76 and includes adjusting entries, budget controls for FY16($75,138.00), and year to date revenue less expenditures of $120,365.84. 152 County of Frederick Comparative Statement of Revenue,Expenditures and Changes in Fund Balance August 31, 2015 FUND 12 LANDFILL FY16 FY15 YTD REVENUES 8/31/2015 8/31/2014 Actual Appropriated Actual Actual Variance Interest Charge 0.00 381.04 935.28 (554.24) Interest on Bank Deposits 60,000.00 2,470.14 2,453.09 17.05 Salvage and Surplus 0.00 20,597.80 35,517.10 (14,919.30) Sanitary Landfill Fees 5,080,500.00 916,360.83 810,700.56 105,660.27 Charges to County 0.00 71,622.32 61,091.36 10,530.96 Charges to Winchester 0.00 22,527.60 16,479.72 6,047.88 Tire Recycling 120,000.00 17,689.93 36,927.68 (19,237.75) Reg.Recycling Electronics 60,000.00 8,836.00 8,524.00 312.00 Greenhouse Gas Credit Sales 0.00 0.00 0.00 Miscellaneous 60,000.00 0.00 0.00 0.00 Wheel Recycling 120,000.00 0.00 0.00 0.00 Charges for RTOP 0.00 0.00 0.00 0.00 Renewable Energy Credits 116,262.00 22,451.80 12,254.48 10,197.32 Landfill Gas To Electricity 394,620.00 69,904.65 77,863.51 (7,958.86) Waste Oil Recycling 1,169.82 3,758.57 (2,588.75) State Reimbursement Tire Operation 0.00 0.00 0.00 0.00 TOTAL REVENUES 6,011,382.00 1,154,011.93 1,066,505.35 87,506.58 Operating Expenditures 5,391,520.00 377,027.34 357,082.18 19,945.16 Capital Expenditures 1,351,332.00 656,618.75 579,345.65 77,273.10 TOTAL Expenditures 6,742,852.00 1,033,646.09 936,427.83 97,218.26 Excess(defiency)of revenue over expenditures 120,365.84 130,077.52 (9,711.68) Fund Balance Per General Ledger 28,131,738.76 26,423,374.09 1,708,364.67 FUND BALANCE ADJUSTED 28,252,104.60 26,553,451.61 1,698,652.99 153 COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667 -0370 E -mail: csluffle @fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: October 21, 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, October 21, 2015 at 8:00 a.m. Member Richard Shickle was absent. Non- voting liaison William Orndoff was absent. (D) Items 1, 2 and 8 were approved under consent agenda. ( = no action required) 1. (D) The Sheriff requests a General Fund supplemental appropriation in the amount of 250. This amount represents a donation from the Exchange Club of Winchester to the K -9 program. No local funds required. See attached memo, p. 4 2. (D) The Sheriff requests a General Fund supplemental appropriation in the amount of 13 049. This amount represents the unbudgeted portion of the DMV grants for alcohol enforcement and occupant protection. No local funds required. See attached information, p. 5 — 9. 3. ( )The Commissioner of the Revenue requests a General Fund supplemental appropriation in the amount of $85,945. This amount represents salary and fringes for the remaining eight months of FY 2016 in order to hire two assessors. The addition of the positions has been approved by the HR Committee. Local funds are required. See attached, p. 10— 14. The committee makes a motion to support a budget transfer of $85,945 from contingency funds. 107 North Kent Street •Winchester, Virginia 22601 1 Finance Committee Report and Recommendations October 21, 2015 L�aFc �2 4. The County Attorney provides information for discussion on tax exempt property /organizations. See attached, p. 15 - 80. The committee recommends removing #19 from the proposed ordinance. (Mr. Ewing abstained) 5. ( )The County Administrator requests discussion on the involvement of Finance Committee in the Capital Improvements Plan (CIP) process. The committee recommends that the County Administrator formulate a proposed process for further discussion. 6. ( )The Finance Director requests discussion on unfunded FY16 capital requests. See attached list of requests, p. 81 - 84. The committee makes a motion to support a budget transfer from contingency funds in the amount of $294,250 to purchase ten (10) police cruisers and associated equipment. The committee also postpones action on the remainder of the list pending prioritization. 7. The Finance /Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. Per the Committee's request, a survey was distributed to members and a summary of the results is provided. See attached, p. 85 - 88. The committee recommends approval of the charter with no changes. The committee also recommends increasing involvement with the internal audit per the charter. 8. (D) The County Administrator requests a General Fund supplemental appropriation in the amount of $47,897.40. This amount represents a PPEA review fee refund to R150 SPE, LLC. Local funds are required. See attached information, p. 89 - 94. 9. ( )The Finance Committee Chairman provides FY 2017 budget priorities. See attached letter, p. 95. 2 Finance Committee Report and Recommendations October 21, 2015 ��aFc �3 INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for September 2015. See attached, p. 96. 2. The Finance Director provides an FY 2016 Fund Balance Report ending October 15, 2015. See attached, p. 97. 3. The Finance Director provides financial statements for the month ending September 30, 2015. See attached, p. 98 - 108. 4. At the request of the Committee, the Northern Shenandoah Valley Regional Commission (NSVRC) provides supplemental information per discussions at the August Finance Committee meeting. See attached information, p. 109 - 128. 5. The Airport will provide an update on the Airport's budget at the November Finance Committee meeting. Respectfully submitted, FINANCE COMMITTEE Charles DeHaven, Chairman Judy McCann - Slaughter Gary Lofto n Bill Ewing Angela Rudolph g �' Y Cheryl B. Shiffler, Finance Director 3 ������ �� ROEERT T WILLIAMSON Sheriff 1080 COVERSTONE DRIVE WINCIiESTER, VIRGINIA 22602 640/662 -6168 FAX 540/504 -8400 TO :Angela Whitacre — Treasurer's Office FROM SheriffR. T. Williamson ��� SUBJECT :Donation —Check DATE Septembez 14, 2015 fVIAJOR C.L. VANIVIETER Chief Deputy 5'r n C. ��il�� r tF F :rr�^, f:, Attached please find a check from Th.e Exchange Club of Winchester in the amount of $250.00. This check is replacing a check that was returned. This amount represents a donation to the department's K -9 program. We are requesting this amount be posted to l OCR — 3- 010 - 018990 -000b. A copy of this memo will be sent to Finance requesting appropriation in our budget. Thank you. ;�., RTW /asw Cc: 'Finance — appropri;ate into 310 X402= 000 -001 � � � • � ��9 �� FC��LFCi �. 'u"J'ILL.8�e1�dC7�V ,Sheriff � � � °� 9 �yu� � r.. F 1, t � q� sr,� TC� : Cher��l �hiffl.cr — Direete�r of �"i ance Finance �ai�nrnittee FI�(7 Sk�eriff R. T. llian�s�n �' S� "I��ECT : S�appl�eynental Apprvprzatio��a T71h`� >�, �ct�aber 14, 201 S ��! !I r ��' NIAJQI� �.L. �i'AI�1�1TE� �'hief deputy `1'he Frederick ���nty Sheriff's. C7fce is recl�estirr� a swpplc�rnental apprcpratic�n in tl�e a�noa�nt cf X13,049.00. When e s�karnitted ���° budget request far F�15 -1 �, e listed rever��xe frc�n� D�,?1 grants in the arnr�unt cif $25,000,00. L�1'�4V rants are awarded at � l�t�r date aru�l this was an �estnlati�n based can inf�aY�ai�atic�n available to crur agency at that tine. Since c,�r l��.idget sulai�issi�rn, we have been awarded tw�a D1V1'�' grants totaling $3$,049,00 theref`+�re, e are requesting a supplemental appr�priatia�n in the an�c�unt af13,049,00.. if this request is al�preved, please appropriate as 1"oll�ws: 31.02- 5409 - 000 -000 $1.3x049.00 '1'hanl� you far your c�nsiderati�n in this request. RT"w�T /asw 3- 010 - 024040 -0022 5 .�,�.. tN,wwA�imvi�✓.com Uirgfrri� 17�i�artrnent of Motor V�hucies E�tast S7fEice Bear 2741 i Eiicha�mcrEmct, Vrcr�,inta 23269 -4099 Purpose: Virginia's Highway Safety 1 ?rca�ata� 5uh 1�,eciplenks urstw this ft�rrn ka certYfy surmd assure that they wi1Y fuVly comply with. all terms of the Highway Safety Grant AgreerrE�nt. Instruetet�s: Stab Recipients. must. read the contract, camptete alY applicable infartnation on the farst and last page» .initial the subsegtnettt pagE~s, and return all. pages. to the Department of l"wfatar Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of lrx+latar Vehicles (hereinafter "Departtrtent "), 2�()0 West Broad Street,, Richtnand, Virginia �2;2�0» itnd the fbllawirzg: ` Sub Recipient: . �'t�ederielt Gt�u�f P'ro�pectTitle:. SelectYve Enfa�ree9ruent - r��cohol Project l�latniber /CIiDA l°+iumlaer: 14AL- 2q�6- 562f2- 642- 2q.6q? grant Award .,�,trtount 34,g49,q� Source of funds abYigated to this award: U.S. Department of Transportation» i'�atianal highway Traffic Safety AdrttYnistratian Period �fp'erf ©rrnance far this pr�a�pcct F'rarn OctaY�er V» ZOIS, ter the date the Highway Safety Grant Agreernerdt is signed. (hereinafter "Grant F'eriad` »): by the l= 7trectar, Virginia Highway Safety Gffice iwhichever is later) through September 3t1, 2,Cll fi. Allow 2l days far the Department to complete its review and. signature. F'I1�dAP, V�7UCl-1[RR I D"1�1�' DN �R R)E)�OI~;R ��VE�RI�R S, 2q;Y6. Tiro. performing. its responsibilities under this Highway Safety Grant Agreement» the Stab Recipient cea °tifies and assures that it wiil fully �comp']y with the fallowing: Applicable Department. regulations and policies .and state and federal laws, regulations, and policies . Statement of Work and Special Ganditians and an Approved budget, included with. this Highway Safety Grant. A,greeaxtent General. Terms and Conditions,, also included with this Highway Safety Grant Agreement Sub Recipient °s signature beYow indicates that the Sub Recipient has read, understand's and' agrees to Rally comply with a1:1 terrtas and conditions of this Highway Satety Grant Agreement without alteration. This Highway Safety Grant r�greernetat (hereinafter "'Grant Agreement »'�, consisting cf this certification; the attached Statement of Work and Special Conditions„ the attached General Terms and Conditions; fhe attached Project Y�udget; the Stib Recipient "s propos.aY and the letter awarding the ,grant to the Sub Recipient constitutes the entire agreement between the Department and the Sub Recipient, supersedes away prior oral or written agreement between the parties a.nd may not be modified except by written agreement. as provider] herein. Where any conflict arises between terms.» the fallowing is the order of governance of one term aver another: (l }applicable Department regulations and policies, except where superseded by fetlera] taws., raga ➢aborts, crr paYicies (2) applicable state Yaws,, reguYations, and policies, except where superseded by federal Yaws, regulations» ar policies, (3) applicable federal laws, regwlatians„ and policies; {4) Statement of Work and Special Conditions; (� }General. Terms and Conditions; (6� P'raject Budget; �"7) Sub Recipient's. propasai; and �8) grant award letter.. Poor u� Reid ierrk: aY!'or VYr irtYa I[�e arteWrt of iti!Irrtor VehiicYes. u�a yur.0 ivx.axxxyr uc.�cxr exxexxy ntucaxu w r.�+x,v+�rr vx Gui�rxc. uuux�.xtxxxy {I fatal federal fund ( e e� ,�°°" 1'es No �' �,�� � '�. � _ p � ._. ignature Da e '"" I° �� ca l� I. � �, c� 1 ° � � '� � � � ��� 'i ���� '�° ����� � l {I �% QC% � ala f�`�yT Q � � � Ili It I � !1 x� W � � � {i ril Ir � �. i� f j �_ ��yyy uJ 1 i�-� `a c m m a c� to 0 b- x �� I� �r a • u�, �I, �, 0 I� ''+� f� r� �. w w 1M • n� ��I I�, �� �, e �r � �, � Ii �V mil , a��a �I' �? � ,� Ali:� jq �fJ ��� f' I �i" � ri i 'rl L Q � I` I fti IE �, �� ��o� ry wv w. d na vb't�. � ca rrp Var�tir�ie Oepartmerrk of hAotor VetaioX ®�� �aaP �7fPice Box 274N2 Richmond, Viaginia 23"�6� -OOg1 P'u�ase: Virginia's Highway Safety Program Sub Recipients use this form tca certify and assure that: they will fully comply with all terms of the 1-lighay Ssft;ty Grant Agreement. Iusfruckl+ar�s: Sala Recipients anust read the c:orttract, comp6ete all applicsb ➢e informatican ota the first and last page, initial. the subsequent pages, and return a➢1 pages to tlye Department of 141otor� Vehicles. This l- iighway Safety Grant A�,reerrGen¢ is entered into between khe'Virginia Department oaf' 11+1�a4ar'4'ehicles �hereir�after "T;Jepartment " "), 23C➢1) West Broad. Street,. Richmond, Virginia 232211, and the fol ➢awing; Stab Recipient; F'redericic C+nunt Prof ect'1'tle: Selecfu�a,� �:rriarcernient � 6Jccup�:nt 1"m°oi�e+ction Prof act i�iu rrtilaerlCl?DA ➢�lunaber: 4)�`- �i➢1.6- 56�G7- b4C"i- 20.600 Grant Award Arcaoaant $4,00000 Source cif funds cabtligated to this away °d: T.Q.S. Department of Transportation, National. Highway "Tmaffie Safety Administration Period of�'erfoa�mance for this protect p'rona Qetcalroer 1, 21115, car the date the Highway Safety Crant Agreement is sdgned thereinafter ``'Grant Pericad "): by the Director, Virginia Fdighway Safety 47ffce (whichever is later) through September 3 ©, 2(116. Allow 21 days ter the Department to complete its review and signature. l�'fi+,1A1_, VdJU�CIEfI�R [S llHE �N Q1� 1s3)l�°DftH 1'�4�VE1ViR]uR S,. Zol<r. In performing its responsibilities under this Highway Safety Grant Agreement,. the Sub Recipient certifies and sssuc °es that it will. fully comp ➢y with the fallowing. m Applicable iepartment raga ➢ations and policies and state and federal laws, regulations, and policies Statement of Work and Special �Ccanditions and an Approved 13ndget, included. with. this Highway safety Grant Agreement 4 Genet °sl Terms and. Conditions, also inc ➢tided with this 1-lighway Safety Grant Agreement Sub Recipient's signature laelow indicates that the Sub Recipient has read., uarderstands and agrees to fully comp➢y with all terms and ccanditions of this Highway Safety Gran¢ Agreement without a ➢teration, This Highway Safety Grant Agreement (hereinafter ` "Ga-ant. Agreement "�, consisting of this certifiea¢ ion; tihe attached Statement of "ork and Specie➢ Conditions; the attached General Terms and Conditions; the attached Pro�pec¢ Budget; the Scib Recipient's propose ➢; and the ➢after awarding the grant to the Sub Recipient constitutes the entire agreement between the Department and the Sub Recipient, supersedes any prior ora0 or written agreement between the. parties and may not be modified except by written agreement ss provided herein. Where any confflict. arises between terms, the fol ➢owing is the order of governance of cane term aver another:. (1 }applicable Department regulations and po➢ ➢ties, except where superseded by faders➢ laws, regulations, or po ➢ides (2� applicable state laws,. regulations, and policies, except where superseded by federal laws, regulations, or po ➢ides; (3y applicable faders➢ laws, r�g�lations, and policies; (4} Statement of Work and Specis➢ Conditions; (5j General Terms and Conditions; ��) Prof act Budget; (7} Sub Recipient's proposal; and. "li) grant award letter. il!�.T'[��S' Ql�' AC�TiHC� �lCb A�1?ifidJ"�iNr� tl�>�'Rfi`I�,If.S ;F"4r Sub Rec➢ ierrt. i°�dame and 'pitle of Proitct Drrector 1Vame and Title of Authorized , Sub Recipients DT.JNS lslumlaer >l +nr Vr�irxia T�er�artm�eurt €mf Metres Vehiicles. your loca�lityJleg�al entity expend �'7 ,tkaiS or more annually al. federal fund �c k e} `Yes No s c� Ica a �, ca ��: �s c� c<i '� r i c� c�a r � � � i � �'�, ra ��^ � � �� i o c� � r� ca c, � c I'� ,`� � �'� l i c°-� ;o ,. �� �� '° I° �t i i� T u� .«., �� ICIm �- ITT a� �I c �� a� �� �a cra � +--. � ��c �, a ,, � � �� a +t3 � b- C . n .� �� a► ss p � I :� ��� c ��� c :J <C �, � ± u9 �` �, �: � � �� � .± �' � � � . '� ,� � a ur. .� �a. � � ��� � q I 1 ", � � rev 1I���II a � � � �� � �' � ra CS �I � � � a i � � ;� U u L1. °� �- 1 tin °' ,.., a� �, ' �. a r� o � � ; ��" o � � �, c !! l � � �s a� � ,�i s c� Ica a �, ca ��: �s c� c<i '� r i c� c�a r � � � i � �'�, ra ��^ � � �� i o c� � r� ca c, � c I'� ,`� � �'� l i c°-� ;o ,. �� �� '° I° �t i i� T u� .«., �� ICIm �- ITT a� �I c �� a� �� �a cra � +--. � ��c �, a ,, � � �� a +t3 � b- C . n .� �� a► ss p � I :� ��� c ��� c :J <C �, � ± u9 �` �, �: � � �� � .± �' � � � . '� :r�,, � * �- ,� .� �' i •�- 1 S4�B�PE�CT: Human Resources Committee Report f'aaala A. I�ofsin�g�r i�irector of l�urr�an Resources �" +� r► �, �' The HR Committee met in the First Floor Conference Room at 10� North Kent Street at 8:OOam on Friday, Cictober 9, 201 All members were present rnrith the exception of Supervisor Wells. *�`� items Requiring �Qcti+on * ** 1. The CommNttee recommends approval to create t�M1to (2) new Assessor posNtions v�rlthln the Commissioner of Revenue's office. * * *Ite��s Nit RequirNr�g �ction��* 1. The HR [director provided to the group an, update of the projects and priorities end the position allocation shark. There being no further business, the meeting vvas adjourned. The next HR Committee meeting is currently sched�ufed far Friday, November 1 �, 201 �. RespectFully Submitted, Roberi Hess, Chairman Robert Wells Mason F�ansom don Butler Dorre +�reene Beth Lernrin a `�a�' �� By: � �.. Paula A. Nofsinge,�` Cirector of Human 107 IVo�th dent Street, Winchester, 1Aa� 22601 10 �' N,� �� � /1u' � r�)�,ia" / J� �, LLt=tJ F. tl1flUf�PFdY CG��'I'ISSIfahJER SepteTn�4er �i, �� � To: Paula 1'�ofsinger far; ;�'�e��riri �tt�ty, �'�,��t t.7FFlGI� �7F Ci�JIINI�SS�q!Mq�R 4�!F �'H� RV�E�!t�E 147 hearth. K�;nt Strut f�.o, �r�x 552 Winchester VA 22641 Winchester VA 2644 -4552 e���ph ficva.us �r�wv�.ffcv�.�s�cc�r Pet °sonnet Committee Finance Cot�tm ➢ttee Frederick County Beard of Supoarvisars 13y Hard rP�b �AJ rWY� 1l/ y �i i'��(p'J�; I� � m � I �� „r��r�UZ, �^ thane. 544- 665 -5661 Fax: 544-667 -4487 T'l�te Carnt�nissioner's affico� leas a propose➢ l�efaroa you tac�ay, reiatn to real. estate personnel and. roaassessn�ertt: The real estate assessz�nent section in the office of tl�e Carnissioner' of tl-te Revetroue is in dire need of personnel in order° to can�plete daily tasks Al�➢1) t ➢-te Reassessment of Real Estate far the next assessmoant due far bearings in September° 2ii16a Far your information, we are much mare cor7servative than lacaltioas of a similar nttmfaer of parcels who da their own d °eassessment. A.n example: The City of llarnpton leas about S�O,t7C�(1 parcels ewe have o�,2t9� taxab ➢e�. They ernplay �,�a field assessors and 5 part tune assessors to do reaissessraraentwork only (infrarmation provided by the real estate divisiar�. of the Virginia Department a�f Ta�atian,) Real estate is alasalutely off the charts'! Eastern real estate home sales are up 1(1.5 °1a and we are eperiencin. a very large valuz�atie of permits,.. deeds and. of course build outs requiring new assessments, here is wl�tero= we are at 7%31/2415: e have two assessors in the CC!R section. of our budget. T1aey handle the day to day addit ➢aria and. cl-tanl;es to real propert�r, caused by deeds anal transfo =rs, handle land use assessmentP and interview and if appropriate adjust .for tl�treoa tai relief programs. These staff members else assist with the reassessrrrent. altlaat.agh thoay have enauh to da witl-tout adding that. ither staff handle eneratiota oaf billings twice annually,l'ublic Service Corparat ➢an adjustments from state and billinf;s, street lights, Star Fart, billings, sanitary olist� °io�tsa legal work; Pictametry and mapping, recording deeds transfers,. and phones /walk -ins. Cif course my chief deputy and GiS analyst also do reassessment and otixer real. estate work on the computer and in- house cixores -They shouldn't have to but tl�oay do because it is tl-te anjy way to succo =ssfully fret everything done, 1`�y chief deputy regularly loses time off because she doesn't tale it in. order to get our worl� done. 1 else work an avo�rage of 5il hours per weep. -year round. in the reassessment laudet section we have one assessor, one data. collector who is fu ➢➢ tune and. two part -timo� � ➢.eta collectors - one w�� works ��`� week or less and. one warping about a 30 hour week. C�rngr�ii.:ssoa��a� cif t�n� Reve7�ue Duties &. �:espansata�]¢ties l'ae 2 e desperately need two more ��� ➢➢ time assessors! ➢ �voultl suggest lrhese k�e hired under the l�eassessis�ent hudge� since that will lie �l�eir prirr�ary objective and assignment. ➢ irr�plore you to approve the advertisement and event�.tal hiring oftwo qualified assessors. Niy rec{��es is �"�ar tva➢ of '85,"�44W� %mr � tnc�nth� ia� ��e c��+ent '�' �01� bud��et. °This is � base s��a�ry crf 45,�0� peg- year p��us Kn��s of 1�,258.�6 �12�,"��.�,.�"; �nn�a�lz�d). ➢ do not want to see our duality of assessment � which has � ➢.ways heet� super ➢ative -- to suffer• from lack. of man power. I had included one such. assessor in my FY �0�6 bud e-�t k��iC rt was cut. G'ro�na�h any➢ �ctivt�r an real estate now indicate that we will. need at ➢.east two. Also applications fc�r a part. tine assessor to rep ➢ace one leaving at the end. of this moist ➢� l�iave been less than fruitfn ➢, My since,�e appreciation fear your ti.e anti consideration? It is rr�y pleasLare to serve the citizens of �"rederick Co�.tnty anti. provide the high level of service and acc�nrate assessment that we generate. �� � ., y ��r Ellen ➢✓. lVlurphy Eommissioner of the l�event�e 12 � L � ww. *C � � � CS � tl_ � � VY� c� � w {� r� � y� [ � � � �� Q i _ 1m� G'3 � CY GY C3 � � 41`a C? "� C7 � ua � � p � w � W � u � � )� �,,.� W I � ! � '� � d' � "�' 2 es�. � 9i ti � � ��— i � � � Q � i I C7 � w Mw ,.... � s G � �""° c l.M r�u 4 CI1 � � ca � t k rwy II C3 � �-a ' � � c+- � � 4 � 4d? wow C7 . � 4� � C7 t1M � .x-. G+ ( a'^ �r ' � ��pp _ q�. � C71 �.� 14„u� "u 4�� CJy � � ` f yam' � �i �„+*T I I C'mY � Mr�w , +u" � � Cy'f f"J � ,=,r C'+J F^W i war li7 � �^r _ifD ^� � �, J �.. ��� ..... cl�j 47 L � � _ � � a � .1 J ,. 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C � """ U � � � ���: ��� ��I ���.�' ti9!= q � N �} �� � � � 4ay •' �-. 4;Mp,. �^r _ifD ^� J �.. ��� ..... _ � � Q �,.. �"" O� t � �i 4r�I�w '�� -�i'� �\ bw � a � � f L ! �4"" I QI j L � I Cy i,., j i]. ....i ��� � [ �_�.,, ,� �a_ �_ 1 �� �� �v ��, �p-� ��� �� �� �� � aa,� �� �? �, �'�'�� � Jai > � � � ,� ,�� o� � a^' "� fR � �, 4w,lh �� � ( "� C ��� � �. � ; � � �', C7 � � �' � � 9W +' 'L7 vhf CI � � '� k ��i m a� �� � � � .x-. G+ ( � %",. C � """ U � � � ���: ��� ��I ���.�' ti9!= q � N �} �� � � � 4ay •' �-. 4;Mp,. �^r _ifD LA J �.. ��� � ��'"% �^4 C.a 4V,r � �' � � Q �,.. �"" O� t � �i 4r�I�w '�� -�i'� �\ bw Z LL LL Q In W H Q J w LL 0 } Q Z Q � � � � z � J LL � � ¢ } ° m � v w � � �, � � Cp a � p z � co � J � o C gJ o t} O W � � � � � � CCo J C w � � � � � cc � �° oO � a� a � � Y °i w � W � � ❑ � � � m � l�y� J �i J OU � � � Q C C i O � � 0 � a � � � o Q �n m Z m� {,7 m m� � ao � o ,°r' -, N O N O N O O r�-1 O O O MEMORANDUM TO: Finance Committee FROM: Roderick B. Williams County Attorney DATE: September 30, 2015 RE: Tax Exempt Property /Organizations COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @fcva.us The Finance Committee last year began a review of tax exempt organizations and tax exempt property in the County. One issue the review identified was that many of the exemptions were specific exemptions by designation previously granted by the General Assembly and as to which the County does not have direct control. The primary means of County control over such exemptions going forward is to request that the General Assembly repeal such exemptions and leave to the County the matter of whether to continue such exemptions. i The purpose of this memorandum is to seek a recommendation from the Committee as to the possible inclusion in the County Code of those organizations whose property the County wishes to maintain as designated for exemption, regardless of General Assembly designation. As background regarding this matter, last year, at the County's request, Delegate LaRock filed legislation to repeal exemptions by designation involving organizations and property in Frederick County, so as to leave to the County whether to continue the exemptions. A i By way of review, Virginia recognizes two types of tax exemptions, exemptions by classification and exemptions by designation. Exemptions by classification, as the name suggests, cover broad classes or categories of organizations, based upon their particular purposes. Thus for instance, Virginia law exempts property of churches, nonprofit schools, museums, and certain other general categories of organizations. Va. Const. art. X, § 6(a); Va. Code §§ 58.1 -3606 and 58.1 -3609 through 58.1 -3622. As a practical matter, exemptions by classification represent well - established public policy and either cannot be changed absent a constitutional amendment or are not likely to be changed. Exemptions by designation, on the other hand, involve organizations specifically designated by name in special legislation. Va. Code §§ 58.1 -3650 through 58.1 -3652. Exemptions by designation can be changed by simple legislation (General Assembly legislation if involving an exemption by designation granted prior to January 1, 2003 or local legislation if involving an exemption by designation thereafter). 107 North Kent Street Winchester, Virginia 22601 15 subcommittee of the House Finance Committee recommended tabling the legislation and the legislation died in the House Finance Committee. One concern that the legislation presented was that the legislation covered all organizations with exempt property in the County, with no apparent assurance that the County would reinstate any of the exemptions. This matter now returns to the County's Finance Committee in an effort to ensure that the County Code contains exemptions for the property of those organizations that the County wishes to maintain as designated for exemption. A draft ordinance to such effect is attached. This would permit the reintroduction in the 2016 Session of the General Assembly of legislation similar to the 2015 legislation, without raising the concern that the legislation would end all County exemptions by designation. To the extent that the Committee agrees with the draft ordinance, proper action for the Committee would be to recommend that the Board of Supervisors schedule a public hearing on adoption of the ordinance. For reference purposes, certain property in the County currently owned by the following organizations is subject to exemption by classification and therefore the names of such organizations are not included in the attached draft, as their exempt status will continue regardless of any County action (see footnote 1): American Legion American Red Cross Back Creek Ruritan Club Clearbrook Fire Company Elks Club of Winchester Gainesboro Fire Company Gainesboro Ruritan Club Girl Scouts of Shawnee Council Gore Fire Company Grafton School Greenwood Fire Company Middletown Fire Company National Trust for Historic Preservation North Mountain Fire Company Outreach to Asian Nationals Phazz 1 Ministries Reynolds Store Fire Company Round Hill Fire Company Round Hill Ruritan Club Shenandoah Area Council [Boy Scouts] Star Tannery Fire Company Stephens City Fire Company Stephens City Lodge No. 2483 Stonewall District Ruritan Club Tri- County Virginia OIC Trustees of the Gravel Springs Virginia Housing Development Authority Winchester Medical Center Winchester Rescue Mission The following other organizations currently own property in the County, are subject to exemption by designation, and are therefore included in the draft ordinance (the following list also shows whether each exemption was granted by the General Assembly or by the County and whether the organization filed an application for exemption with the County last year, in which case a copy of the application is included with this memorandum, with individuals' personal contact information redacted): 16 � Organization acquired a second parcel some years after Board exemption granted, but Board exemption generically refers just to "property" owned by the organization, without necessarily being limited to the original parcel. The second parcel is included in draft ordinance s Organization acquired a second parcel some years after Board exemption granted and disposed of the original parcel, but Board exemption generically refers just to "property" owned by the organization, without necessarily being limited to the original parcel. The second parcel (only) is included in draft ordinance. 4 Various Shenandoah Valley Battlefields Foundation property has in the past been considered exempt, but research has not located the specific General Assembly or Board of Supervisors granted exemption for its property. 3 17 GA County Return Exempt Exempt Filed 1 X No ARC — Northern Shenandoah Valley, Inc., The 2 X Yes Belle Grove, Inc. 3 X Yes Blue Ridge Hospice, Inc. (Thrift Shop in Stephens City) 4 X Yes Cedar Creek Battlefield Foundation, Inc. 5 X Yes Conservation Club [Winchester— Frederick County Conservation Club, Inc.] 6 X Yes Fort Collier Civil War Center, Inc. 7 X No Frederick United Methodist Housing Development Corp. 8 X Yes Kernstown Battlefield Association, Inc. 9 X Yes Leary Educational Foundation, Inca 10 X Yes Nature Conservancy, The 11 X Yes NW Works, Inc. (formerly known as Northwestern Workshop, Inc.)3 12 X Yes People -to- People Health Foundation, Inc., The (Project Hope) 13 X No Potomac Appalachian Trail Club 14 X No Salvation Army, The 15 No Shenandoah Valley Battlefields Foundation4 16 X Yes Shenandoah Valley Community Residences, Inc. 17 X Yes Stone House Foundation 18 X No Wayside Foundation for the Arts, Inc., The 19 X Yes Westminster - Canterbury of Winchester, Inc. 20 X No Winchester Chapter of the Izaak Walton League 21 X Yes Woodmen of the World 22 X Yes Youth Development Center, Inc., The � Organization acquired a second parcel some years after Board exemption granted, but Board exemption generically refers just to "property" owned by the organization, without necessarily being limited to the original parcel. The second parcel is included in draft ordinance s Organization acquired a second parcel some years after Board exemption granted and disposed of the original parcel, but Board exemption generically refers just to "property" owned by the organization, without necessarily being limited to the original parcel. The second parcel (only) is included in draft ordinance. 4 Various Shenandoah Valley Battlefields Foundation property has in the past been considered exempt, but research has not located the specific General Assembly or Board of Supervisors granted exemption for its property. 3 17 For any of the organizations, listed above and included in the draft, as to which the Committee wishes to recommend be stricken, the Committee can include such statement in its recommendation to the Board.5 Finally, for the Committee's information, the following organizations have previously received General Assembly exemptions, but no longer own property in the County: National Wildlife Federation Robert E. Rose Memorial Foundation, Inc. Shalom Et Benedictus, Inc. Special Love, Inc. Wayside Museum of American History and Arts Attachments s The County also received additional applications or requests for exemption as follows: Blue Ridge Hospice, Inc. (tax parce164- 1 -A1), Civil War Preservation Trust (tax parcels 84 -A -72, 84 -4 -1, and 90 New Middletown parcels), Fort Collier Civil War Center, Inc. (tax parce156- A -18A), and Potomac Appalachian Trail Club (tax parcels 14 -4 -1, 14 -4 -2, 14 -4 -3, 14 -4 -4, 14 -4 -5, and 14 -4 -6). Because these are not existing exemptions, they are not set out in the draft ordinance, but the Committee has the prerogative to recommend adding any or all to the draft ordinance. Copies of the applications or requests are included with the other materials here. i Revision 10/21/15, per Finance Committee discussion ORDINANCE [date] The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155 -153 (Property exempted from taxation by designation) of Article XXV (Exemption for Nonprofit Organizations) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155 -153 (Property exempted from taxation by designation) of Article XXV (Exemption for Nonprofit Organizations) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (additions are shown in bold underline): CHAPTER 155 TAXATION Article XXV Exemption for Nonprofit Organizations § 155 -153 Property exempted from taxation by designation. A. The real or personal property of an organization designated by the Board of Supervisors and used by such organization exclusively for one or more of the purposes as set forth in Article X, Section 6(a) of the Constitution of Virginia shall be exempt from taxation so long as such organization is operated not for profit and the property so exempted is used in accordance with the purposes) for which the organization is classified. The indicated real or personal property of each of the following organizations is so designated by the Board of Supervisors pursuant to this section: 1. ARC - Northern Shenandoah Valley, Incorporated, The (formerly known as Winchester- Frederick County Association for Retarded Citizens and as Northern Shenandoah Valley Association for Retarded Citizens, Inc., The) — tax parcels 54J- 2 -3 -59, 54J -2 3 -60, and 54J- 2 -3 -61; 2. Belle Grove, Inc. —tax parcels 90 -A -33A and 90 -A -37; 3. Blue Ridge Hospice, Inc. — personal property of thrift shop in Stephens City, 4. Cedar Creek Battlefield Foundation, Inc. —tax parcels 90- A -23A, 90- A -23B, 90- A -32A, 90 -A -34, 90 -A -55, 90- A -59A, and 91- A -28C; 19 Revision 10/21/15, per Finance Committee discussion 5. Conservation Club (Winchester- Frederick County Conservation Club, Inc.l - tax parcels 19 -A -27, 19 -A -49, 19 -A -50, 19 -A -51, 19- A -52E, 19- A -53A, 19 -A- 81A, 29 -A -376, 29 -A -38, and 29- A-43B; 6. Fort Collier Civil War Center, Inc. -tax parcel 54 -A 81G; 7. Frederick United Methodist Housing Development Corp. -tax parcel 75 -A- 80B; 8. Kernstown Battlefield Association, Inc. -tax parcels 63 -A -6A, 63 -A -7A, 63- A -18, 63- A -18A, 63 -A -186, 63- A -18C, and 63- A -18D; 9. Learn Educational Foundation, Inc. -tax parcels 6 -A -17 and 6 -A -18; 10. Nature Conservancy, The -tax parcels 48 -A -45 and 48 -A -47; 11. NW Works, Inc. (formerly known as Northwestern Workshop, Inc.) -tax parcel 75 -A -1 F; 12.People -to- People Health Foundation, Inc., The (Project Hope) -tax parcel 64- A -40C; 13. Potomac Appalachian Trail Club -tax parcels 19 -A-41 D, 28- A -119A, 48 -A- 29C, 48- A -33A, 48 -A -37, 48 -A -371, 48- A -37A, 48- A -37R, 48 -A -496, and 49 -1 -2- 48; 14. Salvation Army, The -tax parcel 54- A -36F; 15.Shenandoah Valley Battlefields Foundation -tax parcels 43 -A -154, 43 -A- 155, 43- A -159A, 54 -A -1 B, 54 -A -1 C, 54 -A -88, 54- A -89C, 54 -A -90, 55 -A -3, and 55 -A -4; 16.Shenandoah Valley Community Residences, Inc. -tax parcels 54N- 2 -2 -32 and 65H -12A -108; 17. Stone House Foundation -tax parcels 74A03 -A -77, 74A03 -A -141, 74A03 -A- 142, 74A03 -A -144, and 74A03 -A -146; 18.Wayside Foundation for the Arts, Inc., The -tax parcel 91 B- 1 -B -27; 19.Winchester Chapter of the Izaak Walton League -tax parcels 77 -A -72 and 77- A -76A; 20. Woodmen of the World -tax parcel 54E -8 -33; and 21.Youth Development Center, Inc., The -tax parcel 63 -A -1106. B. Each organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors or pursuant to designation of the General Assembly shall file triennially, commencing on November 15, 2014, an application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The Commissioner of the Revenue shall send notice of this requirement to each such organization by not later than September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought. 2 20 Revision 10/21/15, per Finance Committee discussion C. Exemptions of property from taxation under this article shall be strictly construed in accordance with the provisions of Article X, Section (6)(f) of the Constitution of Virginia. Enacted this day of , 2015. Richard C. Shickle, Chairman :z•�:ra�_w:r� Jason E. Ransom Charles S. DeHaven, Jr. 3 21 Gary A. Lofton i : z •� :i a � a � � � � � � � ca i � Gene E. Fisher A COPY ATTEST Brenda G. Garton Frederick County Administrator Code of Virginia Title 58.1. Taxation Chapter 36. Tax Exempt Property This section has more than one version with varying effective dates. To view a complete list of the versions of this section see Table of Contents. § 58.1 -3651. (Effective until July 1, 2018) Property exempt from taxation by classification or designation by ordinance adopted by local governing body on or after January 1, 2003 A. Pursuant to subsection 6 (a) (6) of Article X of the Constitution of Virginia, on and after January 1, 2003, any county, city, or town may by designation or classification exempt from real or personal property taxes, or both, by ordinance adopted by the local governing body, the real or personal property, or both, owned by a nonprofit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. The ordinance shall state the specific use on which the exemption is based, and continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is classified or designated. No exemption shall be provided to any organization that has any rule, regulation, policy, or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. B. Any ordinance exempting property by designation pursuant to subsection A shall be adopted only after holding a public hearing with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in the county, city, or town where the real property is located. The notice shall include the assessed value of the real and tangible personal property for which an exemption is requested as well as the property taxes assessed against such property. The public hearing shall not be held until at least five days after the notice is published in the newspaper. The local governing body shall collect the cost of publication from the organization requesting the property tax exemption. Before adopting any such ordinance the governing body shall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to § 501(c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; i ioiavaois 22 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. C. Any ordinance exempting property by classification pursuant to subsection A shall be adopted only after holding a public hearing with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in the county, city, or town. The public hearing shall not be held until at least five days after the notice is published in the newspaper. D. Exemptions of property from taxation under this article shall be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia. E. Nothing in this section or in any ordinance adopted pursuant to this section shall affect the validity of either a classification exemption or a designation exemption granted by the General Assembly prior to January 1, 2003, pursuant to Article 2 (§ �����. V "�������� et seq.), . "�� (§ r��. V "����'���� et seq.) or 4 (§ �����.:V ������, "��������'�� et seq.) of this chapter. An exemption granted pursuant to Article 4 (§ r�. �V ���� ���r���'�u et seq.) of this chapter maybe revoked in accordance with the provisions of § r��. V ����- "s���.�,rr. 2003, c.:V �.u, "��:�;2004, c. r, r, .�. § 58.1 -3651. (Effective July 1, 2018) Property exempt from taxation by classification or designation by ordinance adopted by local governing body on or after January 1, 2003 A. Pursuant to subsection 6 (a)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, any county, city, or town may by designation or classification exempt from real or personal property taxes, or both, by ordinance adopted by the local governing body, the real or personal property, or both, owned by a nonprofit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. The ordinance shall state the specific use on which the exemption is based, and continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is classified or designated. No exemption shall be provided to any organization that has any rule, regulation, policy, or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. B. Any ordinance exempting property by designation pursuant to subsection A shall be adopted only after holding a public hearing with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in the county, city, or town where the real property is located. The notice shall include the assessed value of the real and tangible personal property for which an exemption is requested as well as the property taxes assessed against such property. The a ioiavaois 23 public hearing shall not be held until at least five days after the notice is published in the newspaper. The local governing body shall collect the cost of publication from the organization requesting the property tax exemption. Before adopting any such ordinance the governing body shall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to § 501(c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Board of Directors of the Virginia Alcoholic Beverage Control Authority to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. C. Any ordinance exempting property by classification pursuant to subsection A shall be adopted only after holding a public hearing with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in the county, city, or town. The public hearing shall not be held until at least five days after the notice is published in the newspaper. D. Exemptions of property from taxation under this article shall be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia. E. Nothing in this section or in any ordinance adopted pursuant to this section shall affect the validity of either a classification exemption or a designation exemption granted by the General Assembly prior to January 1, 2003, pursuant to Article 2 (§ �����. V "�������� et seq.), . "�� (§ r��. V "����'���� et seq.) or 4 (§ �����.:V ������, "��������'�� et seq.) of this chapter. An exemption granted pursuant to Article 4 (§ r�. �V ���� ���r���'�u et seq.) of this chapter maybe revoked in accordance with the provisions of § r��. V ����- "s���.�,rr. 2003, c. a �,u "��:�;2004, c. r r,' "x;2015, cc. ���, 7, "��,u 3 10/21/2015 24 Frederick County Gode Section 155 - 153(8 }: Each organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors or pursuant to designation pf the Genera! Assemply shall �rle triennially, commencing on November 15, 2014, an application with the commissioner of the fRevenue as a requirement for retention of the exempt status of the property. The Commissioner of the Revenue shall send notice of this requirement to each such organization 6y not later than September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention pf such exemption is sought. Qrganizatiort's Name: g � ��� � q � � � � . � 4rganizatkirr's Federgl Employer ideriti#ication Na. (EiNj: contact Name: k r, s �� r � s �r�.�.,,,..._._.�_ � car+tatt True: [ x p �u-� . v e p r.re t�� Addy �' O %eye 3 `7 Phone N€�r»ber: � 5 y n • $ b `� - � o �9 Email: JC i �t roc.e 11e �r r � �P : G r JvP : G r J e� GL I t `�O t�s� j V r�- �-- �a :rick co�►�ty 3 3 � �. Ile { Q � o � cP f fa �, ti/ .�- 4 'on Address: a txate Organisation Began or WiN er l 1, ltuiff]�at is tl►e organszation's purpose' 1Cr5�Or��ron LLn-� 8r�.$��a °Ll€S�'a�,�,, ax�rC9a's� �rL '� �(.3� I.3. ',fil�at � the organi�atign'S federal tax pesignaton jsefect: arrej:. � 501(cj(3} ❑ 501(c)(4j ❑ 501(c](6) ❑ 501(cJ(7] ❑Other jspecify►j: _...� 3� iioyv is the organization ianded� Fl a n. r s s r a h.r Cr r A�-�� A n e�1 I� C' n. �- r o r+.r r 4 _ __ �.._ _— 1 4. What activitlies or services does the orgardxation provide that enhances Frederick County end its citizens? II iyiusewn �d+.,.rC 0�1r� �U�-- - tpr.tf -r �oc- t'e.5rrl� -,�.� cr ,�,sr�Chs I 5. Provide a detailed list tfif alt r ®ai l7roperty owned by the ergarrixatian iar uvhficfr it � seeking a Frederick County tax exem�tl� (attach Qdcttrte►naJsHee� �fnecessa�vi` � � it [continues o�age 2] � ®t` r,-�' 9 t f ®vpr,�eZ r 's � a lie�� � n Ei, Select "the category of exem�ti�ort Itnrler which �::* o "rganiaatton qual'd'ie5: ❑ Church or Religious Body or Religious Organization [provide supporting documentation] ❑ Nan -Profit Cemetery ❑ Library or Non - Profit institution of Learning � Museum ❑ Historic Preservation ❑ Parlc ❑ Playground ❑ Club, Scouts, or nationally -known helpful organization [specify]: ❑ College Foundation ar Alumni Association ❑ Recognized Farming Association [specify]: Veterans Association or Auxiliary of same [specify]: NOTE: A copy o €your most recent exempt IRS tax return and /or your latest detailed financial statements may be requested. �. List tlwe foMcwWr� ii�ormatian for .afFiaes�s w� have t�►e legail ae�tharlty � r��resen #'tl!re or�nitzati'on: j ]] Date Iolo Sa��� oL•lL � Disposition: ❑ APPROVED Received: Rod Williams on Initials: i1i,57 Sct,. d i' � O .{ .� � l< C ICI � r rr< -„ _ a.0 0 ot� e � �l �^-� ' j<�� � %@ LT eS tNJnt�PJ� ?r �1 uq J aim e s �• �!� '�c �.t �.t f �r lO fl �7 .lo(in S, Mos�� IJ.A.� ccpF�rV,7le �`� ' z.,rs I U r Q���r�ll -. }��"fPno..i� I SecleT0.r�j x.67 I.J, C�tiet,. �'�. � �b�7 If the real estate owner is a business entity such as a trust, partnersnip, Ilmrced Ilabifry company, or corporation, tnis,appiication must de signed by a member, partner, executive of#icer, or other person specifically authorized in writing by the crust, partnership, limited liability company, or corporation to sign. !t is a misdemeanor for any person to willfully subscribe a return which is not believed to be true and correct as to every material matter. (Cade Va. Sec. 58.1 -11} DECLARATION: ! do swear or affirm under penalty of perJury (1 j that the information herein and in any attachment(sJ hereto are true, complete, and correct to the best of my knowledge and belief, and (2J that ! am the owner or a member, partner, executive officer, or other person specifically authorized In writing to sign this appliartian and represent the organization during the tax exemption application process. �,/�� �� `� -�'%.• "`��(!1` -SLJ `^��• �� � If $usrness, Title: � X�Ci� �i�!-'� "` ��� � Signafure Print Name (e.g., President, VP efc.) Dste * • * � OFFiCiz Ugi� ONEY' � • Date ❑Copy sent to Disposition: ❑ APPROVED Received: Rod Williams on Initials: ❑ DENIED [Rev. 10 /20141 26 Frederick County Code Section 155- 153(6): Each organization which owns rea! property exempt from taxation pursuant to designation of fhe Board of Supervisors or pursuant to designation of the Genera! Assembly steal! frle friennially, commencing on !November 15, 2014, an application with the Commissioner of the revenue as a requirement for retention of the exempt status of the property. The Commissioner of fhe Revenue shat! send notice of this requirement to each such prganizafion by not later than September 15 preceding the Alovember 15 on which such application is due. Such application steal! show the ownership and! usage of such properf, and such other informaffon as the enfify deems desirable, for the property for which refention pf such exemption is sought. Organization's met 1 organlzatian's feral �mr�layer Identicat�ion !�. �EIiV }: j tvn#ac# Name: � �� P� i�,.�nca�c �� �� �� � �- G�fiO Ph�rne Nu�er. � 5'�1C� Err�ail: � Gt'i Frederitic c�nty Lacati ®n Addy ess: \ � [lui �' . [ate Organizatiati Oegan ®r' gat .� 1. `Nhat is the erganiza #tan's purpese? �1��?� e� �� � �°� w ���� �;�a a � � � _ C � v�d ups + �►�. fi"�r+,:L� a �'s�i?c� �,..�,'�, in 4-ht C�� +�.rl o, b.l �-h � 4 ►,r,a� � 1�s5. 2. Vlfha# is the organlzati©n's federal tax destgnati�n (Select orte %: ✓ -- �501(c)(3) ❑ 501[c](4) ❑ 501(c)[6) ❑ 501(c) {7) ❑other fspecifyJ: � � ��� 3. Haw is the arganlzation funded? —. � -- -- ' m t� � n s i 4. 1Nhat activities er services does the zati�n provide that enhances Frederkk my and Pts citizens? � �3iw�e t����e 1- iuy'pice p�o��des gc..o��t 1-e.A �,y► �' l� Cc�+r'@. �o in :vi�,,a�15 � - 4h�rr' cwm:lt�,.S` p,n� ac. 5q, � D�ni or'1� tin arh�. Cam mc.r+: � t.�C�lp_ � � � , �y � n �- l c�$,S, {f 5. pravids a detailed psi of all real property axwned by the prganlzatlsn fai' which � is seeidn� a Frederick Canty tax I exernatiaet fatta� ad�#laa`iarl sheet. ffnetessa�vi_ [continues page �] g. �eteet the category of exemption und�'vvhich }lour organ�a#ifon.grtaiifies: ❑ Church or Religious Body or Religious Organization jprovide supporting documentotionj ❑ Non - Profit Cemetery ❑ Library or Non - Profit Institution of Learning ❑ Museum ❑ Historic Preservation I^1 Park ❑ Playground ❑ Club, Scouts, or nationally -known helpful organization jspecljyj: ❑ College Foundation or Alumni Association ❑ Recognized Farming Association jspecify]: ❑ Vy�e— te_ra`n's Association or Auxiliary of same jspeclfy]: S 1tr�:��11CCar�. LL/'�iiGf1Y�Q�C.ri NOTE: A copy of your thost recent exempt IRS tax return and /or your latest detailed financial statements maybe requestes T. List the followirrig ilr�arniatlon for nfFicers K h� hafts the lepi auihwi4ty to regreserK �� ®rar�a�on: _, . ���� If the real estate owner is a business entity such as a trust, partnership, limited liability company, or corporation, cnls Application must be signed by a member, partner, executive officer, or other person specifically authorized in writing by the trust, partnership, limited liability company, or corporation to sign. !t is a misdemeanor far any person to willfully subscribe a return which is not believed to be true and correct as to every rraterial matter. {Cade Va. Sec. 58.1 -11) DECLARATION: I da swear or aJfrm under penalty of perjury (IJ drat the informatio »herein and i» any attachment(sJ hereto are true, complete, and correct to the best of my knowledge and belief, and (2J that 1 am the owner or a member, partner, executive officer, or otherperson specifrcally authorized in writing to sign this Application and represent the organkation during the tax exemption - - - - - - -- 1 (' ❑ Owner Qg ,� (' i i J ❑ IiBusiness, TiNe: � �i� V`� �� �'� I S15natLre rint Nama (e.g., President VP etc.) Date � _,.,... � .. * � * FDR QFFiC -� USf ONLY � * '� )r— . _.� — - -- Date I ❑Copy sent to � � I Disposition: ❑ ArrrtoveD Received: jl Rod Williams on Initials: +I ❑ DENIED [Rev. 10/2014] i ** Exeeative Committee ** Chair '�` *Vice Chair * *Secretary * *Treasurer i 1. 1 1 � 1 � �` DELMERICO, Paul General Manager SpecialMade Goods & 141 Marcel Drive Winchester, VA 22602 KAPLAN, Mary Ann (Fw 116 Cora Lane Stephens City, VA 22655 HERMAN, Bethanne 247 Laurel Grove Road Winchester, VA 22602 TRUHAN, Jared PO Box 267 Winchester, VA 22604 * *Immediate Past MOWERY, Robert, CPA Chair 5493 Main Street Stephens City, VA * *At Large * *CALEY, George 223 Jeb Dr Winchester, VA 22602 * *SAYLES, Lynne (Finance First Vice President Wells Fargo Advisors, LLC 2011`T Loudoun St. Winchester, VA 22601 I; �wpdocs \Lxs:S�aO'Utd Lrs'r tole -a Cis.doc 2 9 octa4er 13, zOla * *ZEBARTH, Helen 112 Shockey Circle Winchester, VA 22602 * *CARNEVALE, Jr., Ernest J. President &CEO, Blue Ridge 723 Galloway Dr. Leesburg, VA 20175 * *CURRAN, Christopher 487 Bell Lane Berryville, VA 22611 HARDESTY, John S 17 Longmarsh Rd. Berryville, VA 226 JACKSON, Mary Jo BOX A THOMAS, Sherry 920 Breckinridge Lane Winchester, VA 22601 * *YANG, Leonard, MD (Quality 1537 Dalton Place Winchester, VA 22601 is \Wpaoc9 \LISTS \�OARn LIST 2C14 -2015. doc 3o October 13, 2014 Frederick County Code Sec #ion 155 - 153(6): Each organization which owns real property exempf from taxation pvrsuanf to designation of the Board of Supervisors or pursuant to designation of the General Assembly shall 61e triennially, commencing on November 95, 2014, an application with the Commissioner of the Revenue as a requirement for retention of the exempf status of the property. The Commissioner of the Revenue shall send notice of Phis requirement to each such organization by not later than September Z5 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as fhe entity deems desirable, for the property for which retention of such exemption is sought. Drganization's Name: Cedar Creek Battlefield f=oundation Drganization's Federal Employer Iden #ificatian No. FEIN): Contact Names Brian S. Scheulen Phone Number: 540.347.5144 preservafion of Civil War battlefields and education 2, What is the organlzatlon's federal tax designation (select one): ■ 501(c)(3} a 5ai(c }(4} 0 501(c)(6) ❑ 5a1(c)(7) ❑other (specify): 3. ffow is the organization funded? Donations and Civil War reenactments 4. What activkies or services does the organization provide that enhances Frederick County and its citizens3 Living history education events; walking trail self- guided history tours. 5. Provide a detailed list of all real property owned by the organization for which it is seeking a Frederick County tax exemption (attach additional sheet, if nec+essaryJ: SEE ATTACHED LIST [continues on page 2] 31 * * *FOR OFFICE USE ONLY * * * Date ❑Copy sent to Disposition: ❑ AraROVeo Received: Rod Williams on Initials: � DEMIE� [Rev.1o/zo141 32 z v H Q yO 6 0 m LL W Q Z � Z w � O � X `rt o¢`-'� Z m °; `� g ac o W ac U � a v c ro N Q v .L N L Y i� i� {.e � Q: c c c� 0 c c O G O� O O u � Z � � it � � � � � � H � *'� m n � n Q. ono L � � � L L O Q. Q C Q O. L u u u O u V �L �f� ��.. Y �L �L � M � � � O C� .r � � � C �_ � N C N y L L 7 � L O LL c ro N Q v .L N L 4+ Y i� i� {.e � Q: a c 0 u o°1i u u u � o n it � � L � T 7 ? 7 *'� m n � n Q. ono N IO L 4+ Y i� i� {.e � Q: � �. u v Y u u u m ro a ro m m L � T 7 ? 7 .� � �. Q a a Q. :C N IO L u1 GI O N 1/) �% � ; � L � u N � � X � � � � �' � � � C� .r = C C C C m a `'' o � 1 � rNi � M N � rn � m � a ¢ a ¢ a a�i m m � rn � �t m a 33 � � f0 � �' � a�i ' n a m }' ® � �n O v� a�i � Q a a Q. :C � IO L L 1/� L O � U V t U � u N � � X � � � � H .r = .... 33 �recferick County Gode Section 155- 153(B): Each organization which owns real property exempt from taxation pursuant fo designation of the Board of Supervisors or pursuant to designation of the General Assembly shall frle triennially, commencing on November 95, 2094, an applicatron with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. Tha Commissioner of the Revenue shall send notice of this requirement to each such prganizafion by not later than September 95 preceding the November 95 an which such applica�on is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought. Organization "s Nerne: � f �` r" �, _ t Frederick CQtrrrty Date. C3rganizatinn Qegan qr WiN . In i r ri rt ;� 1. What ks the organization's purpose? � 2, What is the q�rgan�atien's federal tax des�gnatkon select e�eJ: 501(c }(3] ❑ S01(z }(4} ❑ 501(c](6] ❑ 501(c }(7] ❑Other jspecljyj: I � 3. Hew is the organization #ttnded? ' t t� n 4. What actkr►ities or servioSS deer the organazehon provide that enhances Frrkck t.ounty anal its cltzsns? 5. Prvvtde a detakied ®f.sll real .property owned hY the organixati ®n fmr which it � seeking a Frederick Cveanty tax examiptton latta�s arafdlti�rncrl s 1f eecesscrrirl: [continues page 2] 6. Select trte category of ptie�n cinder which your organization qua�ies: ❑ Church or Religious Body or Religious Organization jprovide supporting documentation] ❑ Nan - Profit Cemetery ❑ Library or Non - Profit Institution of Learning �❑ /lMuseum 11d�Historic Preservation Park Playground ❑ Club, Scouts, or nationally -known helpful organization jspeclfyj: ❑ College Foundation or Alumni Association ❑ Recognized Farming Association jspecify]: ❑ Veterans Association or Auxiliary of same jspecify]: NOTE: A copy of your most recent exempt IRS tax return and /or your latest detailed financial statements may be requested® 7. List the foilmvin�y lttformiatkit�n for : � who have thhe legal atltktorlty !o r�resent the ormn . -� L���,. -��� z.�- Pi�e�ide��,�r- r�s6 rs� +.w� iN��„•,.,9�on ac Cr�,l 1�r: o� �06�� lg'b 1 fZonQf d W? . eh �e� 11 Sb (St`s .�`-�° N' I� s�,f.e gon ao� -3 � �.� � Cc�GS W �7 � � Ccx�srou�efi tip � er ?�ia,s`�r�- "�a�CS. J�fal G��7�'�'�I�czY.o Ifi rile real estate owner is a ousiness entity such as a trust, partnership, limited liability company, or corporation, this Application must be signed by a member, partner, executive officer, or other person specifically authorized in writing by the trust, partnership, limited liability company, or corporation to sign. tt is a misdemeanor for any person to wi!lfugy subscribe a return which is not believed to be true and correct as to every moteria! matter. (Code Va. Sec. 58.1 -1i j DECLARATION: ! do swear or offlrm under penahy of perjury (1J that the in formation herein and in any attachments) hereto ore true, complete, and correct to the best of my knowledge and belief, and (2j that ! am the owner or a member, partner, executive officer, or other person specifically authorized in wrking to sign this Appllcotion and represent the organization during the tax exemption Icarian es �� /?� /CoA���l �. �jiw��❑ i� us<rte s rrre: ��►+e� d �C�' C�1�C� Signatftre Print Name (a.g., President 1/P etc.) Date � � s s s Fl;}R OFI =iC[ IJ�i: ONLY s s s Date ❑Copy sent to Disposition: ❑ APPROVED Received: Rod Williams on Initials: ❑ DENIED [Rev. 10 /2014] 35 Tax Map ',, Property Address Oate Acquired Use of Property 910.03'_47 1 I 4th and Commerte St '� 7/31/2014 �. open space 910.03 147 2 I'� 4th and Commerce St ', 7/31/2014 � open space 910.03 147 3 '' 4th and Commerce 5t ' 7!31/2014 open space 910.03 147 5 4th and Commerce St � 7/31/2014 open space 910.03 147 6 4th and Commerce St 7/31/2014 � open space 910.03 347 8 4th and Commerce St 7/31/2014 open space 97.0.03 1479 4th and rAmmerce St 7131/2414 I open space 910.03 14710 - 4th and Commerce St 7/31/2014 open space 910.03 i47 12 4th and Commerce St � 7/31/2014 open space 930.03 147 13 �I 4th and Commerce St ,�I 7/31/2014 open space 930.03 147 14 4th and Commerce St � 7/31/2014 open space 910.03 147 15 4th and Commerce St 7/31/7014 o en s ace p p 410.03 14716 4th and Commerce St � 7/31/2014 open space 410.03 147 17 � 4th and Commerce St 7/31/2014 open space 910.03 i47 20 4th and Commerce St � i 7/31/2014 open space 910.03 147 25 4th and Commerce St 7/31/2014 open space 910.03 147 27 4th and Commerce St 7/31/2014 open space 91.403 147 28 4th and Commerce St � 7/31/2014 open space 910.03 147 29 4th and Commerce St 7/31/2014 open space 930.03 147 31 ' 4th and Commerce St I 7J31/2014 ',. open space 910.03 147 32 4th and Commerce St � 7/31/2014 '. open space 910.43 147 33 �', 4th and Commerce St 7/31/2014 open space 910.03145 10. �, 4th and Commerce St �� 7/31!2014 open space 910.03146 2 4th and Commerce St �' 7/31/7014 open space 910.03146 3 4th and Commerce St � 7/31/2014 open space 410.03146 4 4th and Commerce St � 7/31/2014 open space 910.03146 5 4th and Commerte St i 7/31/2014 open space 910.03146 7 4th and Commerce St 7/31/2414 open space 910.03146 8 4th and Commerce St � 7/31/2014 open space 970.03146 9 4th and Commerce St 7/31/2014 open spac:- 9IA03146 10 '� 4th and Commerce St �i 7/31/2014 '..... open space 910.03 146 11 '. 4th and Commerce St �'� 7(31/2014 open space 910.03 146 12 �i 4th and Commerce St '�� 7/31/2014 open space 930.03 146 13 4th and Commerce St '� 7/31/2014 open space 910.03 14614 � 4th and Commerce St � 7/31/2014 open space 910.03146 15 i 4th and Commerce St 7/31/2014 open space 910.03 146 16 � 4th and Commerce St = 7/31/2014 open space 910.03 146 17 4th and Commerce St � 7/31/2014 open space 910.03 146 18 4th and Commerce St � 7/31/2014 open space 910.03 146 20 � 4th and Commerce St 7/31/2014 open space 910.03 146 25 '. 4th and Commerce St �'�, 7/31/2014 open space 910.03 146 26 '� 4th and Commerce St '� 7/31/2014 '....... open space 930.03 14fi 27 4th and Commerce St �� 7/31/2014 open space 910.03 146 28 �', 4th and Commerce St �', �'� 7/31/7014 open space 910.03 146 29 4th and Commerce St 7/31/2014 �� open space 910.03 146 30 4th and Commerce 5t 7/31/7014 � open space 910.03 146 31 4th and Commerce St 7/31/2014 � open space 910.03 146 32 � 4th and Commerce St 7/31/2014 open space 910.03 146 33 4th and Commerce St i 7/31/2014 � open space 910.03 146 34 � 4th and Commerce St 7/3 112 014 open space 910.03 146 35 4th and Commerce St 7/31/2014 open space 910.03 146 36 �� 4th and Commerce St 1 7/31/2014 I open space 910.03 146 37 ', 4[h and Commerce St '', 7/31/2014 open space 9iA03 146 38 I 4th and Commerce St �, 7/31/2014 'i, open space 910.03 146 39 4th and Commerce St �' 7/31/2014 ! open space 910.03 146 40 ', 4th and Commerce SC � 7/31/2014 open space 910.03 146 41 �' 4th and Commerce St 7/31/7014 � open space 910.03 146 42 i 4th and Commerce St 7/31/2014 j open space 910.03 146 43 4th and Commerce St 7/31/2014 open space 910.03 146 44 4th and Commerce St 7/31/2014 open space 910.03 145 1 4th and Commerce St � 7/31/2414 open space 910.03 145 2 4th and Commerce St 7/31/2014 � open space 910.03 145 3 � 4th and Commerce St ii 7/31/2014 � open space 910.03 145 4 '' 4th and Commerce St I 7/31/2014; j ope nspace 910.03 145 S i 4th and Commerte St � 7/31/2014 � '�., operi�space 910.03 145 6 4th and Commerce St �'�,, 7/31!2014 open space 910.03 145 7 4th and Commerce St '� 7/31/2014 '�, open space 910.43 145 8 4th and Commerce St � 7/31/2014 open space 910.03 145 9 4th and Commerce St � 7/37f2014 1 open space 910.03 145 10 4th and Commerce 5t 7/31/2014 � open space 910.03 145 11 4th and Commerce 5t 7/31/2014 open space 910.03 145 12 4th and Commerce St 7/31/2014 open space 910.03 145 25 � 4th and Commerce St � 7/31/7014 � open space 910.03 145 26 �� 4th and Commerce St 1 7/31/2014 open space 910.03 145 27 �� 4th and Commerce St � 7/31/2014 '�. open space 910.03 145 28 4th and Commerce St �� 7/31/2014 '�. open space 910.03 145 29 ''. 4th and Commerce St 7/31/2014 � open space 910.43 145 31 4th and Commerce St 7/31/2014 open space 910.03 145 32 i 4th and Commerce St 7/31/2014 open space 910.03 145 33 4th and Commerce St 7/31/2014 open space 910.03 145 35 4th and Commerce St i 7/31/2014 open space 910.03 145 36 4th and Commerce St � 7/31/2014 open space 910.03 145 37 4th and Commerce 5t 7/31/2014 open space 910.03 145 38 � 4th and Commerce St '� 7/31/2014 open space 910.03 145 39 � 4th and Commerce St '. 7/31/7014 �� open space 910.03 145 40 � 4th and Commerce St ', 7/31/2014 �. open space 910.03 145 41 '�, 4th and Commerce St �' 7/31/2014 �I open spate 930.03 145 42 � 4th and Commerce St 7/31/2014 I open space 910.03 145 46 4th and Commerce St 7/31/2014 open space 910.03 145 4& � 4th and Commerce St 7/31/2014 open space 90 r � � � � � �� � � � � '� " � 'r M 9 November .2014 37 � � ��f.STI � � E� ��";t GT�a�oz�.i � ��3€�vPt�lflF.4 '! b�.��'� ©FCn� 1,� i ®� Bli'� t•��}�'U��L SoU��e�S,�u��:���]�a c��m� �o� ��vr�s �� , ._._ � �e� ��?i.�. r ��_�� ��Y �.�.� qu�� C7 Park ❑ Playground G� dub, , or onal n hel I o ni [s j: ®Coll Fou a #ion ar Aiumni on u � tel.:. A ■ ,. e -: ! �:. A e A `: a :. - .:- i - . a �':.. A e . r. - >. �,.. r `. . r:. :. . f : i is a .. q ' p _ I: � X - � A � d B': � e R A:. ®•. r ,..- ■ .,. � � .. .; ■ � �.A �� -, �.. ■ �.tA .. '. 39 y ` � y .� �:.... M i rte.. , r � , _. ,� :� . � .� ; :. r ®•. r ,..- ■ .,. � � .. .; ■ � �.A �� -, �.. ■ �.tA .. '. 39 APPLICATION FOR REAL PROPERTY TAX EXEMPTION Thls AppliCdtiOr must be completed by Applicants Seeking to maintain their existinglexemption and new Applicants seeking exemption. Frederick County Code Section 155 - 153(13): � t=�aeh org�anizetlon wh1Ch owns real property oxempt ti�7rrr taxation pursuant to designation Of they Board of Supervisors put�usnt to desigrratiorr of the Garrets! Assembly shall hle Mertnia!!y, commenting on November 15,j 20f4, •art app!lcatlart the Commission8r of the Revenue as a requirement for reten�on of the exempt status of the prap�y.. The Commeissicrrer the Revenue shell send notice of this requirement to each such origanizelion by Trot later than Semtember 16 preoedirtg Nis November 15 on which such eppNcaAlon is due. Such application shall show Nte orwtendtip and usage of such properly, art such otherinfomzatlon as the entity deems deslra6le, forthe prgper� for whkh retenifort of such exemptlwt is sought. ,� rdµ �k w � � { rig i i �� �� ' �,� a� "� r r 1 �I{' m � 3Ki "� �w�Yn v Z i►%�i►'�l i'p�S �! do d d C j �501j,�(3j ❑ 501(cj(4) ❑ 501(cj(�) O 501jcj(7) D oiher(specfJjr]: � i �F ^� � �/ � Z.Z X00 3 (corrtinues on page zj 40 ❑ Church or ReIlgloels�Body or Rellglous Organlratlon jprovlde sapport�ng do�rlarentationJ ❑ Non - Profit [etneter�y i ❑ Library yr Hon - Profit Instit ion of teaming ❑ Museum � i tti' Fllstartc Presenratlon p Park ❑ Playground j � ❑Club, Scouts, or nat�Onally -known help#esl organization jspeei�yJ: D College Foundation or Alumjni /J~SSOCiatipn , , ❑ ReaognixedFanning�ASSOdation (spee�yJ: ❑ Veterans Assodatio � or Auzlflary of same jspeclfyJ: NOTE A copy of your most recer+t exempt IRS tax return and /or your latest detaWed financial statements maybe requ r ;��r ,�rCvrr,vS ����� �� if the real estate owner is Signed by a member, part company, or corporation 1 ea ro every aroteriol mom Dl:cwe�►r�onl: l do: eompkee, sad earn+ec other person speeijnp o�Eloa process. Date Reopived; �� � ^.�� p�� �Z6P ousmess entry Such as a trust, partnership, Ilmltad (lability company, or w►poraion, this appicatian must be r, executive officer, or other person Specr�icaily authorlred In wrlting 6y the trust, partnershlp, llmlte6 Ilablllty sign. 1t Ls a misdemraaorfor any person to wlJljrrlly su6scrfbe o return which !s trot beikvsed to be true orld correct (Code Va. 5ec. 58.1.13) �eor or affirm under penalty of pr�rN f'sl that the laforrnotloa R sad is onY QeeaehmeatysJ l+ereoo ore true, 'o tlra bast ojmy knowledge and batiaj, and (2J that t am the o r ors member, pnrtnar, exeraeive e'er or y authorls�ed la wrrtlag to sign this nppHcatloa sad represent the agonkatlani during the 12our aremptioa a �g ��iv V �' G�n,�' re�►,e�, rrds., SSA i�rfrt Nam@ ' Ve_a _ Arm ❑ Copy sent to Rod Wlllisms on Initials: /ef! /id /f! �iB Dispaohlon; ❑ gvvROVeo ❑ DtNIED peen, lo/zou) i440/i444 � I S��IA>3�SA�IZI %fiy I ZtCLSlyg4fS I(y3 lid ZT � T ZOOZ /4T /4T Frederick County bode Section 155- 153(B): Fach organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors or pursuant to designation of the Genera! Assembly shall file Triennially, commencing on November 95, 2014, an application with fhe Commissioner of fhe Revenue as a requin;ment for retention of the exempf status of the property.. The Commissioner of fhe Revenue shall send notice of this requirement to each such prganization by not later fhan Sepfember 75 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought. � Ot gae�izatio�n's Name: � © � r ! �� � 1 � %! f .,� 4! V � Organization's Federal Entp #Dyer identitiotr Na. {EIN }: � Contact Name: Phone Number: F R CvntaCtT�ie: �il � sf LiL d1� Email: �� �,,�j � /� c�lf' S . 6� l�liailing Address: � �v �#' s��,} l� �e � � � iii 1CC� L4J f � � �i.� U C iacation Addf�._f .__ �� �� r rr�.��L�s�u� ,�"''"D�te t3rpniz�ior� Begaln or IR�i, i i3egin t7peratng in �redertcic 1. What is the ®rganlzation's purpe�se� j z. What is the orgar>�izatiorv's feaiera� tax d�ignatiorl( select anej: ' "�' ��� t�l�"��' ( r��_ �L° Y ' 501 {c } {3} ❑ 501 {c }[4} ❑ 501[c } {6} ❑ 501[c }[7} a other �speclfy►j: 3. iiow is tke or;an�ixatiotf funded? 4. What activities or services d ®e the arganiz�an pro►ride that �hanc� LRrede�'kk County ar+d'[ts citixans� ''�`�+{ ?.�.,f'F1i?77[.L }cantinues�� age 2j �i. select theca #eg�ry of exemptiari under which your org:sniaattar: atttaitfd�: ❑ Church or Religious Body or,Religious Organization (provide supporting documentation] ❑ Nan- Profit Cemetery ❑ Library ar Non - Profit Institution of Learning ❑,1Giusee�m _�] /Historic Preservation ❑ Park ❑ Playground ❑ Club, Scouts, or nationally -known helpful organization (specifyJ: ❑ College Foundation or Alumni Association ❑ Recognized Farming Association specify]: ❑ Veterans Association or Auxiliary of same �speclfyj: NOTE: A copy of.your most recent exempt IRS tax return and /or your latest detailed financial statements may be requested® T► Lim tha: fpBmnting irtfern+atien (Ar aN officers wise ieave.the i�^ai adthorlty id represent �e sArga�Fzat�or�: ���1� �� -�1�� � � J�� �.� If the real es *ate owner is a business entity such as a trust, partnership, limited iiaDiiity company, or corporation, tf�is Application muse iae signed by a member, partner, executive officer, or other person specifically authorized in writing bythe trust, partnership, limited liability company, or corporation to sign. It is a misdemeanor far any person to willfully subscribe a return whJch is not believed to be true and correct as to every r.Tateria! matter. (Code Va. Sec. 58.1 -i1] QECLARATION: ! do swear or affirm under penoky of perjury (1J that the Jnformation herein and in any attachment(sJ hereto are true, complete, and correct to the best of my knowledge and belief, and (2J that ! am the owner or a member, partner, executive ofJ;cer, or other person sp�icaUy authorized in writing to sign this Application and represent the organfzatlon durJng the tax exemption '/// �� ��- �j� �,, �jy � ❑ Owner � LCaY/ / � +x �'!- �'���_ ❑ It Business, Title:,_, ���_ ' Print Name �^ (e.g., PresJdenf, VP etc.J � �'. _._. «'� * FOR OI:F[CE 4JSf CMiIY' * * T ,� Date ❑Copy sent to Disposition: ❑ APPROVED initials: Received: Rod Williamson �� ❑ DENIED [Rev. 10/2014] 43 FREDERICK COUNTY, VIRGINIA Eisen E. Murphy, Commissioner o� the Revenue DATE: P.O. Box 552, Winchester VA 22604 -0552 ' Phone: 54a- 665 -588 Fax: 540- 667 -6487 ��� p�����Q� AR . fcva.usLc9_r vrvuw.fcva.us /re �, TRi�11�M.tr,Y 6. Select the category of exemption under which your.organi=atton qualifies. Q Church or Religious Body or Religious Organization jpravide supporting docusrrentatfonJ 'r ❑Non -Profit Cemetery ❑ L €brary or Non - Profit Inst €tut €on of Learn€ng ❑Museum I~T Historic Presenrat €on ❑ Park ❑ Playground ❑ Ciub, Scouts, or natianall� known helpful organization jsperifyj: ❑ College Foundation or Alumni Association ❑ iRetogni =ed Farming Assot €anon jspecifyj: ❑ Veterans Association or Auxiliary of same jspecifyj: N07L�: A copy of your most recent exempt 1RS tax return andf or -your latest detailed financial statements maybe req st Y. 115t� the #allo�nrin� informatintt far �,�„f officers -who have the fejgal atrthoeity to rrepregent,the organization: . ff�..q 4 �r , �Y .- C'�.r n �.3 �[ r��e-- tQSn7ane �4h.M �,€ �2dyr l 3 Fy 1��PP f� t C R�dt� R� t,�1 +nC,�e.t�e�x� ®� !!Z C�oa�� -s, �gKE9 GJ� a C It �.�,F"� . ✓1Q, .�:� G o� ��° C'. r�'�4 � 1 � � � K ltr �O� ft � W �ri ti�e.��r; rrA �2Cd�- if the real estate owner is a 6u51ness entrcy sutra as a trust, pannersnfp, �imrced aabEl�iy company, or torporacion, tms pppiicanon must be signed by a member, partner, executive officer, or other person speciFically authorized in writing by the trust, partnership, limited liability company, or corporation to sign. It is a misdemeanor for any person to willfully subscr!$e a return which rs not believed to be true and correct as to every material matter. {Code Va. Sec. 58.1 -115 Di:CLARAifON: t do swear or afflnn under penaky of perJury (1 /that the lnformatfon herein and in Dray attathment(sJ hereto are true, complete, and correct ta� the_ best of my knowledge and belief, and (2J that i am the owner ora member, partner, execniive officer, or other person speclitcally authanTzed frt writing to sign this AppHcatlon and represent the organlzatlon during the tax exemptlarri appllcatton process. � _ / � Owner Qg f''� - ��^N �L �++ 4� [3'if 8uslness Title: i—T`� S t°� -«+-�� �.�/�OV •�f� Sigrnatu Print Name (e.g., President, VP etc.) Date "� * FOIL OFFICE USEONLY* Date ❑ Capy sent to Disposition: ❑ APPROVED Received: Rod Williams on initials: ❑ DEHiEo fltev. 10/2(114} 45 Frederick County bode Section 155- 153(B): Each organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors or pursuant to designation of the General Assembly steal! file triennially, commencing an November 95, 2094, an application with the Conamissianer of the Revenue as a requirement for retention of the exempt status of the property. The Commissigner of the Revenue shall send notice of this requirement to each such organization by not later than September 15 preceding the November 95 on which such applicafron is due. Such application steal! show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which n;tention. of such exemption is sought. 1. What i6 �e arganuativn's purpose? M �. What is the vrgan�t"a�n's federef taax desftfan �selacr j: S01(c)[3) ❑ 501[c)[4) ❑ 501[c][6) ❑ 501[c)[7] ❑Other (Specify]: 3. i�iow is the vrganisetfvn funded? _ 4. WFr� attfvittes ter services does the org$rtizatto*� provide that enhances Fredetfck County and fts dons? . � � '`� .- 15. Provide a detat[ed of aii real property;,wned by the cuganization for which � � seeking a Fred+sric#c C®gr►ty tax exet�tfvn (att�ac�r naFa#`tt ®nrrl s�lh�tr �f'r�eocessoFyj: [continues page 2] 6. 5etec4 the wry csf eatemptii¢�ra rKr wlaizi� ��e orgaatesn eie�ea: ❑ Church or Religious Body or Religious Organization (provide supporting documerttatiortj ❑ Non - Profit Cemetery Library or Non - Profit institution of Learning ❑ Museum ❑ Historic Preservation ❑ Park ❑ Playground ❑ Club, Sasuts, or nationally- -known helpful organization [specifyJ: ❑ College Foundation or Alumni Association ❑ Recognized Farming Association jspecifyJ: ❑ Veterans Association or Auxiliary of same (speclfyJ: NOTE: A copy of your most recent exempt IRS tax return and /or your latest detailed financial statements may be repuestd® 7..L15t the +I�ring in%ttnatidr► #ir ate! c�ers why i><ave ate egat aathori!t�t Lo re�i�esem try► orgarsi3�oe�: ' Te�y G[Fr+l4�e'� G�'f3o�tiU '�06 3t6a g� -3�t (e �+r'f'¢�cx{� 'C� � V i crc- SQL � .� z'=-� o �} � � If the real estate owner is a business entity such as a trust, partnership, limited liability company, ar corporation, this Application must be signed by a member, partner, executive officer, or other person specifically authorized in writing by the trust, partnership, limited liability company, or corporation to sign. it is a misdemeanor for any person to willfulty subscribe a return which is not believed to be true and correct as to every material matter. (Code Va. 5ec. 58.1 -11} DECLARATION: ! do swearor affirm under penalty of perjury (IJ that the information herein and in any attachments) hereto ore t , complete, and correct to the best of my knowledge and belief, and (2J that 1 am the ormer or a member, partner, executive officer, r other person specifically authorized in writing to sign th►s Application and neprsesent the organization during the tax exemption + q -Owner �R _ L L�^� —v�� `�lf8usiness, Title: �'��''� ��''�`� ZV i5 t Prinf Name (e.g., President, VP etc. j Date .,.,..,..._. .�. _ • � +� FLiFt QFFICE U5E OILY � * * . � Date � ❑Copy sent to � Disposition: ❑ APPROVED Received: Rod Williamson initials: ❑ DENIEa [Rev. 30/2014] 47 FredericiC County Gode Section 155 - 153(6): Each organization which owns real property exempt from taxation pursuant fo designation of the Board of Supervisors or pursuant to designation of the General Assembly shall file triennially, commencing on November 15, 2014, an application with the commissioner of the Revenue as a requirement for retention of fhe exempt status of the property.. The Commissioner of the Revenue shall send notice of this requirement to each such prganization by not later than September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other inforrnation as the entity deems desirable, far the property for which refention of such exemption is sought. j ©t�anlzail�n's Name: ""°'"�������',�,µ r �••�- i Qrgaoizatior�'s Fer�eral Empioyer ident�fi� ton Na. {EIN }r �C�t�t Name: � . ,•.. ,, � �, � �� � „��. .Rune NurrEber: �� ” f ��� � �� � •., �� �.. � COIFtaC� �i2: �� � u . �� p '�"� � �� �,,� Ernaii: � �� • �,,w � � � „� ��� �� ��::.., � �,�” �� ��d gres�s. � r:�b � � Il,,..w � r,�rr •,.,�Iu �;,� �.. �" � �m�. * 14 �� - �.. i�" �- Frederick Coun'tY Locati®n i'1l/�fl��� ,� ��W1 �e� I ,�' "�" �� �..� � i�....�,.,�� 'q .. i or�n'rratian began or Wiil I � 1. What is the organization's pureose'� ,,..,, , iC�d�/.�,'�'��,- � �� ..�1�..�%' �"?�, '�n'�•����a.... �`""° ��� �tl� �' %� �d" ����r. �... �y�r� �;U�.� .�'�. ^� ,,.. w��o. w,�k zw* ,�h�rro••, �:M...�m��� J� ,� � Z. IAfhat is the organization's federal tax designati� (select otre,]s 7; 501 {c } {3} ❑ 501 {c }[4} ❑ 501 {c } {6} ❑ 501[c } {7} ❑Other [specifyj: 3�yw+w�� pis the organization furfded7 m ^�!p gg'' - �• iP N WV i T" �n i. �" �A4.�. � w� � �MnF � ...•• AP'" " W. .,,k ,„� _ j .What activities or services does the organization�provide that enJ�ances Frederick C�trrty and its citizens? it �. �a .��6 a �—�u i^ #�° ��a,•. � w ^.tin - � iw ��uw... �i!.� � ,�r � I� a �;� .w a•�� �• „�a „ �"�« �� ,� � �p,���.� �� aa� µ ��w ��, • �, ��e ro �^ NN 5. rovic{e a c�etatted 5st of ail real prvpert}r owned key the organization far which � � seeking a Frederick C®urfty tax exerrt�on C®ttoclr a�id��sheaet, If necess�j: [continues�h�page 2] Frederick County bode Section 155- 153(B): Each orgranization which owns real properfy exempt from taxation pursuant to designation of fhe Board of Supervisors or pursuant to designation of the Genera! Assemply shag frle triennially, commencing on November 15, 2074, an application with the commissioner of fhe Revenue as a requirement for retention of the exempt status of the property. The Corrtmissioner of the Revenue shall send notice of this requirement to each such prganization by not later than September 15 preceding the November 15 qn which such application is due. Such application shall show fhe ownership and usage of such property, and such other informafron as the entity deems desirable, for the property for which retention pf such exemption is sought. 's l� `` _�.�, �T �rgarrtra#'s �ed�ara3 Em�yer � n fop. {EIN�r +. M A 51 - � � s FOR DFFtC� �� Odi1iEY e. s s - Date ❑Copy sent to Disposition: ❑ APPROVED Initials: �_ Received: Rod Williams on ❑ DENIED M A 51 Officers: President Andrea Koenker 500 Jefferson Street Winchester. VA 22b01 Vice President Jason Aikens 382 Creola Drive Secre Joe Graber 37388 Hunt Valley Lane Purcellville, Virginia 20132 Treasurer Ellen Mason 512 Courtfield Avenue Winchester, VA 22b01 Members: Fred Anderson 160 Darby Drive Winchester, VA 22b02 9 � %/lei �%% i�i� /i i /�(w�i r �i� � i %�� ���/ � � //� // � if % �f i 1 1 1 � 1 ii!I i 1 '' 52 Revised: 8/20/2013 Douglas Butler 646 Ewell Street Winchester, VA 22601 Toni Cary 113 Berkshire Circle Winchester, VA 22601 C. Bruce Dawson 1833 Handley Avenue Winchester, VA 22601 Pat Dawson 1833 Handley Avenue Winchester VA 22601 Arny B. Fox 20209 St. Louis Road Purcellville, VA 20132 Ben Hallam 1586 Jordan Springs Road Ste henson VA 22656 53 Revised: 8/20/2013 Rick Hardy 73 Niblick Court Lawrence (Larry) Kelly 313 Clydesdale Drive Ste hens City, VA 22655 Kelly Kremer 827 Armistead Street Winchester, VA 22601 Rick Learn 221 Darby Drive Winchester,VA 22602 Stephen Maclin 46 5. Loudoun Street Winchester. VA 22601 H. Paige Manuel 118 Armstrong Place Winchester, VA 22602 Lisa Rutherford First Bank 112 W. King Street Strasburg, VA 22657 i I I 54 Revised: 812 012 0 1 3 Tom Tarrant 1633 Van Couver Street Winchester V James C. Youngblood 1$1 Liza Kates Lane Winchester VA 22603 Staff Contact: ohn Brauer, CEO 540 -313 -940$ (Work) 540 - 722 -4710 (Fax) Ennail: LrauerQnwworks.com Glenda Anderson, Executive Director 540 -313 -9407 (Work} 540 - 722 -4710 (Fax) Email: �anderson@nwworks.com Betsey Anderson, Director of Administration 540 - 313 -9406 {Work} 540- 722 -4710 (Fax) Email: �andersonQnwworks.com Scott Dawson, Director of Business Enterprises 540 -3i3 -9403 (Work} 540- 722 -4710 {Fax) Email: sdaursonQa nwworks.com Luana Murray, Director of Finance 540 - 313 -9414 (Work) 540- 722 -4710 Email: lmu rrayQnwwo.rks.c om 55 Revised: 8/20/2013 Frederick County Dade Section 955 - 153 {B }: Each organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors or pursuant fo designation of the General Assembly shall fate triennially, commencing an November 15, 2014, an application with the commissioner of fhe Revenue as a requirement for retention of the exempt status of the property. The Commissioner of the Revenue shall send notice of this requirement to each such organization by not later fhan September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other infomration as the enfity deems desirable, for the property far which rttention of such exemption is sought. • �,. IAihat is the orgariizatiarl'3 porpose? 'i'� 1II�F1�at�is the orgartlkzation's �c�r °af tax d�t6r�#'rvn (Select arte� _ � .��. L�501(c }(3J ❑ 501 {C }[4} 0 501(c } {6} ❑ 501 {t } {7} ❑Other (specifyJ: 3. Fk�rar is the organzation funde�'� -- 4. what acti►rFties or services does the argan�zati� provide that enhances Fredarkk Coanty and its c €tuns? 5. Prot/ %le a detailed List of a6 real property owned by the crgani�t %rs for whicFr i< is seeking a Frederkktr C�enty tax exemption �'ettarcli erlatl��l sheet, if necess�vryj: i ;� [continues age 2] '.�� �- � * s # FDR QFlrIC� IJ$t ONLY Date ❑Copy sent to Disposition: ❑ APPROVED Received: Rod Williamson Initials: ❑ DENfED [Rev. 10 /2014] 57 Frederick County bode Section 155- 153(B): Each organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors ar pursuant to designation of the Genera! Assembly shall frle triennially, commencing on November 15 2014, an application with the ��mmissioner of the Revenue as a requirement for retention of the exempt status of the property.. The Commissigner of the Revenue steal! send notice of this requirement to each such Organization by not later than September 15 preceding the Nove,�ber i5 on which such application is due. Such application steal! show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought. sh�nRne./oe,,h f/a %fey [..QYnmunjj�y !�- erea�Cl7ces,sry�- Cerrtact Name: I /�.a1�+� Go Y+, d s fir, per: °� [S�f� SgIO- b33� i -,� �COntaGEi'it��� it XGC.- r,►.�w� � �+rce..�vr Et�aiJ iro�� �h Cow►d s � SVGS: o r� �� �� %/ ' �ia�iii�G: �a I � C_.o�rneron $f � uti�[., l 0 3� Lt1 i►z.c.Gtet�t�- �/� zZ�o � Frederick E ®�nty' �#"� " �6 � I o Nr} i,ca�catihn Ad�r�ss; ; -- ----�- _� !, i'i+z Ornizai:ian Bean or;'iNRI Beir�,d�eratin;i�`�re�eridc County.;,, l °� 9 S <, 1. What is�te organization's purpcases* T6 �roVLd�e. �ctkui'�"un� T'rairsivxJo �snd SQrV+ie,S -Jv ivt�c.11ee�+.r�� tsctibied c�-j- tze�+.s of �� �vvn.+�►�,o+r,wcal -�i, �� o�.ere,- )•iK�c cam,- r�u�.4 ►�-1^egra-kd 1'estden '�1 ��}{'i+ng5 �►,d a..ssnctai-�d ;,.�.eQdr+ S�ervice,S -� r- adk%�s t,.�;� -+�� G�� r�+ArdF+ioti 19501 {c) {3) ❑ 501 {c) {4) ❑ 501 {c) {6) ❑ 501 {c) {7) ❑Other (speclfy+j: 3. Hew is,t�e er�anizatinn f�tn�etl? %� � /Y1e.dtcsrrr� � 3'� 5�.� � �/ °Io P�iep7� �e�x �7 elO Gon'��.dKfzo.�r f l►7drafrn�zt tticoar, e_ �n�61e�¢-ua %ly dr.rable�/ ei�rzens a►-.e 6c;ny served in the.. �ss"f %nf�e�rrt�'CCr Se w.,ppi`°aotia7�e- f-a meet �iei., need.T c.onrirt®„t wr¢!i ffi�ei.- clroiee,- 1</rr�ir+ +a, �BHDS- l +fearrs.� ar°wP (� sirji lZf� /O $ /z� W i��i��.►,o %�rrae � 3--! S -ZaIO ho t�.� f-or `$ adwf}- wor,�.e.�. V�Yg� „�a D gN DS- itcensect 9rou.Q -�yllf 22, 3Z /�o gyp, -��ss �r1Y� ���� -aooy i�,ow�,G �or Io ad,,.I�-w+e.�,. �continues`6Npage 2] [Rev. 10/2014] 59 pate ❑Copy sent to Disposition: ❑ APPROUEQ Received: Rad Williamson Initials: �, ❑ DENIED [Rev. 10/2014] 59 ACT -14 -1996 13��9 . ' • �� S�!b�47' � Seymc?mrm?ilw � vrcm'tma�s+mmVrmmm a+w�anLFriE,ai��.. •,.- T�amm'rir,��,la��t[ma �. �^�*fl��l � a -..f _ � ' ,� ro 'r , . ..,� -. • • .. �, . �" ;:;,.y; FRED C9�f1�1 r1F REV :� 7�� 66� 6355 P. �i • .. � � �± � � �'i l� � 11..1, lM1.Y ����il. - �. Y, S�!b�47' � Seymc?mrm?ilw � vrcm'tma�s+mmVrmmm a+w�anLFriE,ai��.. •,.- T�amm'rir,��,la��t[ma �. �^�*fl��l � a T• W�j .. � ��'i L �111.� 13*„r� _ � ' ,� ro 'r , . fr �������� �.����..� �F VIR�I���'�A .. ., . , � �. � . �" ;:;,.y; .. Ax Tom.. � . � - �.. r . . r'..; . � �. , :�: }r;:. • � � s �� wt�ieh ec�mrnertced at the Capitol in tt�e City of t�ichmond ' , � • :� on��ar�uary t0, 1..996, and adjburnec� sine die Marcl� 11, 1995 � :. ,;� �;�� -:..; ' � � � ' ��i4.4 � i �:. .:�. '+Yi..•r. 'r. . T� �IR��i'dIA �C[]�DE C�MMISSI�N. � . . � . � . � � � .,rx:'.;� ��_ . • T� lI� I �'G��LATI E�1�+'Y�'rV1C.;:�i �� � "f'�'��'� i _ ! r=:� .. i.1 L' S Camtn:or�we.altEt ()��1i'�]ii�� � • � � � I. .Vnginia Code Commission , , � : ' �. � �. �ienentl Assembly Building � � � � , � . �` '��.�' �. RichmEOnd, �Jirginia 23219' � � .. `.'�;'� ' ; . .. .. � . .:. 1990 � . � � � . � � ' � " : � � ';,: . MW^ dMil[ FSV�� !WI�y�YT�1��i,w���u(CNIS� -R4!16 L'r� Yd&��aG �.��3ltlmkNIiX�JIA@', '.17¢TiMi'gN ���ni'r4J OCT -14 -3.596 13 � 39 FRED CC tMorni� �F REV lyyti Ultrl9'1' ►� lease to pay the persona! property tax oft the vehicle. SS lU$; ICH. 6U3. 4 a$.1 -3506 amended, ClsssiFcatlo� oP taagil�le personal property of ,volunteer ptrbtiic gayety workers. Authorizes cvmmissiancrs of revenue to aiccept iota certifications from parsons applyrng for certain personal property tax classifcations. Currently, persons seeking to have their mater vehicles qualify for the reduced personal property tax rates available to valnnteer members of rescue squads or fire department volunteers, ar to auxiliary police officers, must submit a certificate from the arganizatian or local gdvernmant by January 3 t of each year. Tltls measure allows commissioners of revenue, in their discretion, to waive the deadline For Boot! cause shown and if' the nterrtber is not nt fault. SB 186; CH. 605. + � 58.1 -35115 amended. i:lassilacation a!' tea #nr carrier transportafiatt property for taxation. Ciariries the definition of motor carrier transportation property that constitutes a separate class of property fur local tangible personal property taxation. +ar►ly motor vehicles, trailers, and semitrailers with a gros$ vehicle weight of l0,ixx1 pounds or more used to transport property far hits by a motor carrier engaged in interStAtc commerce will qualify for this classii-ication. The rate of tangible personal property tax on items in this class cannot exceed the machinery and tools tax rate. 511631: CH. 537. � 513.1!- 35t)8.i added. Ciassi#4catian of fiemicondttCt4r tntxtttttactnring attd. food processing machinery and tools. Declares machinery and tools used in st;miconductar manufacturing and in food processing to be separate Ciassiftcations of machinery and tools for local taxation. Localities may tax property in these classifications at rates yr aSSessmattt ratios that are not greatter than those fur o #!tar machinery and foals. H1� 496; CH. 971. � 58..1 -3516 antertded. I'raratian of personal property tnx uu motor carrier tranisportuGou property, Aulhorii,es life governing body of any county, city, ar town to exempt property of rector carriers engaged in interstate commerce from rho proration of tangible personal property tax. �'he property of interstate carriers that may be excluded from a proration. r�rdinance includes orator vehictca, trailers, and semitrailers with a gores vehicle weight of Ifl,OUtI pound* or more used to transport property for hire. SB 630: CH. 536. � 58.1- 35 #$.1 emended. I+ersnttal property #ex; elternativt• tttekhnd of filing certain returns. Expands the current statute which allows localities to provide an alternative medtod of filing personal property tax returns for molar vehicles to include trailers end boats. HS 760'; CH. 322. � 5>3.1 -36E}3 amended. 'Lox exeutipt property, Allows leased tax exempt property to maintain its t8x exetnpi status when rent from the property is applscd to reduce the principal of a loan against the property, if the loan is held by a potiticAl subdivision of the Commonwealth and Ehe lassie is a ft 5111 �c) (3) entity using the property exclusively for charitabl$ purposes. Currently, property Loses its tart exempt status if it is i 7t73 665 •6355 P . �� l l 1. ,L+L'+ Jt1,l leased ar is a source of revenue or profit. This measure averturtts the Virginia Supreme C,nurt's h�Slding in f,"iry of Newport News a Warwick C`vtutty that the reduction of indebtedness Against property by payment of principal of a loan out of earnings from the property is profit. SS 124; Chi. 534. • $� 58.1 - 3650.650 through 5$.i- 3650,665 added. Property fate exempHotrs. Grants property tax exemptions to the following organtxations: Rapidan Habitat for Humanity, Inc.; Our Lady of [dope Health Center, Inc.;1 {atnily i,ife Services of 5ntttltern 'Virginia, Inc,; Appalachian Educational Commultiaatinns Corporation; Mid- AClalttic 'Then Challenge, Ina; Virginia Peninsal#t Shelter for Abused Children, Inc., fla 5stfehAVen; 'l't'iad )~nundatiun, Inc.; Jefferson Area $card fur the Qging, Inc.; Habitat for Humanity in the Rnanake Palley, inc.; Crisis Pregnancy Canter of Rnanokc Valley, Inc.: Richmond Metrapnlitan Habitat for Humantity, Tnc.; St_ t;hivas Cnrpuration; Petitway Visions, Inc.; Louisa County i,ibrary Foundation; GeDr�e C. Marshall Hams Preservation Fund, inc.; and Cie(5rge C. Marshall Home Preservation Fund, Inc. S$ l(i4; CH. 6fl2_ �$ 5$.1- 3650.G50 through 55.1- 3650.684 added. I'ropetrty tax exemptions. Grants property tax exemptions to the following orgsnizatinns: i..nuisa County X,ibrary Foundation; Shenandoah Valley Conunttniky Residcnccs, lnc.; Special Love, tnc,; Ccdarwaods Residential, Ina.; Windtttore Fonndatiatt for the Arts; Rapidan Habitat for Humanity, lnc.; Purceilvillc Preservation ASSnciation; Save the Railroad Station, ins.; Serve Inc.; Family and �.`hild Services of Washington, D.C., Inc.; Iirutc+n Park Ham$, inc.; Colony Pines Residents' A5soCiation, Inc.; Crisis Pregnancy Center of Roanoke V�Iley, Inc.;, The Mcnukin I�ounclation, Inc.; Serenity 1 louse Substance Abuse Recovery prnl;ram;Mld- Atlantic Teen Challcngc, Inc.; 5adtllct~r l•lnme, inc.; Chase City Gt�mmunity Services, Inc.; Loudoun Hcsspital Center Richntbnd Mctrapolitan Habitat far Iumanity, Inc.; Pamplin Foundation; Wayside Museum of American History and Arts; Culpeper Cavalry Museum, Inc.; $irdsnng 'i:Ytrst Fund; Wesley Agape House, Inc.; Kent Gardens Recrcatiansl Cltab, Inc.; Iversen i'rnpertics, Inc.; Terjo Properties, Inc.; Winters Hill Properties, lea.; Habitat for Humanity in the Ito4noke Valley, Inc.; Family Life Services of southern Virginia, irtc.; Cape Charles Historical Satiety, Inc.; Caxhow Hutnan Services Consortium, Inc.; .lobo Paul I Knights of Colurtaktus; and E -TRGN' Systems, Inc„ d!b!a Wildflour Breadmiil, HB 44; CH. 751. � 5$.1.366U.1 added. �1'roperty fax clasaiffeadon; certltled storrttwater inartagetYretit devc141rtfitet>Its and property. provides a separate clASSlficatinn for certified stormwater tnanagemant dcvclopments and property for purposes of local property taxation. Such property may, by ordinance, be exempt nr partially exempt from lutal taxation. 3uah develapmcnts and property are defined as real estate improvements cunstructecl from permeable materials which arc certified by the Department of Environmental Quality as being designed and constructed for the primary purpose of reducing _ stormwatcr runoff, hll3 $(�3: C`_H_ 595155 179; CH. SSt. . ,,�� �„a. 61 � �� �r T�� Frederick County bode Section 155 - 153(6): Each organization which owns real property exempt from taxation pursuant fo designation of the Board of Supervisors or pursuant to designation of fha General Assembly shall file triennially, commencing on November 75, 20'!4, an applicafion with the Commissioner of the Revenue as a requirement for retention of fhe exempt status of the property. The Commissioner of the Revenue shall send notice of this requirement to each such organization by not later than September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for fhe property for which retention of such exemption is sought. t Or�nilzati�rn's Name: i [ ... �,..,. td�°� �,,. �; O l� Se, E° � U � : c� -tit; Organization's Fedeaal Employer ider�tflcat�n No. jEIN)° i Contact Name: �• �A � � t` �.. i �� Phone Number: � °_ ' � [ � i -- Contact Tile: Email: '� r -���oc C� i` �aY�6��; *� ��l,�to�sdt�ritot�s center. �^ iula�ing � O Frederick- Col�nty �� �5 �c��i Jfif �L.f , S� �kC"i��,!�' C i t - �� � 2 6 �� 6ocatis�n w�tdress: [)ate Organization began car UV�II Begin t'Iperating in Frederi�lc Cvu�ty: `� �y i � ;� i. What i5 the organizatien's gurPose? _, }ice S +o�,�. EI��S�• 1-oun ci�ic� �re�et'tl��,S ��,e. d� � ctrt; nc }g , c���1� iiist��� GSSc[.i4ie�l c„. .�� � �- � • c,,.: o� S�e.ph ns Ct��. j�f � gates �, ����e�ti� cail�a�t��. �e.+.iio�sr� i��Ste�CerMer ����;�s� ��i��'� °��� �n� 2k 1Mhw! is � organization's federal tax �si�atl� (select ogre %.'. 5�J ❑ soi(c)(aJ ❑ soi(cJ(6J ❑ 5oi(c}(7) ❑other (specrjy]: 3. How is the organiz�ti ®n f�anded7 ^? R g �.. �r� ����. �� �� ��.��t c�CS��tc�&�,5; ��� ��, ac��'�����a��, ems, ��� �°p�;� S�r?�.5, 4. Wi�at adi►►ities or services d ®es the orgarrlxaoon �ravide that enhances Frederick County and ies dozens? �r uc� ; }ti�a � r����r �1�f�'.��h �'(.7C�`�C�,1rt5 c�Ar�. 4=' ��'it�a� y��'���. "�M7'�1����,s ��- inJ:: -� � �r���iU'� �.J� ��V!Tw ('�S�fd�'d:�.� i� t�l. '�wn d �f �Te�6:2rt5' +"�'� m � 5. Provide a detalleti gst of ail real property oarnezi � the organization for which � is seeking a Fr�erick Ceunty tax ex�rn}�tivn (a�°trrcl� �atdtievral sheet. �necessern=k �� � ��� �'� �. � i�t'� ��-. �•lephans Crf� � NCU� t.99U �x�+`t�:�tas� I�u9��i!1cJ I�uSe.ue� �' %,� �'I�1 ��%.d ".S { +''� � ��R1iC. f.: ��' � � �� JUllt: ��lZ �?C���t�IbT1�Uo�U1�� /�US�un i �ter� ¢. y � ..5 � � � �J _ -- g �3 i0 M1�����` ^'i 51; • S't���s �' C���1 31 �''Lt. ��93 l,ec��2.a -ro In�e�� -�fi h�„cat�a4:.� °Rel;ygcu5 Concccea�t�� �� A �3 � ��� � '���4 1� =�� �r. Ste����� Cs � � ,���.� ��� � �x1��bi��ort `���lcCin�%�1�use,�. ����� [continues page 2] �. Select the category of exerinpt�n former wliicin your orgeniza�on qua��xes: ❑ Church or Religious Body or Religious Organization jprovide supporting documentation] Non- Profit Cemetery �❑ /Library or Non - Profit Institution of Learning L��I /Museum i�' Historic Preservation �l Park ❑ Playground ❑ Club, Scouts, or nationally -known helpful organization jspecijy]: ❑ College Foundation or Alumni Association Recognized Farming Association jspecify]: ❑ Veterans Association or Auxiliary of same jspecify]: NOiE: A copy of your most recent exempt IRS tax return and /or your latest detailed financial statements maybe reque ------ w--- �- --R- -� T._ List the ioUowir>Ig information for g<!I;t�fficers who ha{re t<se legs! a�tltoetty t� rel�resent'ttte or,;�r�at�on: I'��+nd� A,�r�;r�el ��es�e�,e.� P.oaB,�,c f�� 5 +��►s C{ , U� 2265 ��u: ►� 5: �lallrs �.`� ���s ►�� �� 7, �Qi� S�- S�epinei�s C� VIA 221;3§ 2I� �panis� �k .]-t-ep�ei►S Cifii IVY a24i' 1 2�� �-IC:C �Se���r ��� N���.Q����y S°�, °If1lACtiC.�1111i1"kifl$ & �e��e�ary f��in��nIU�2226� If the real estate owner Is a business entity such as a trust, partnership, limited liability company, or corporation, this Applcativn must be signed by a member, partner, executive officer, or other person specifically authorized in writing by the trust, partnership, limited liability company, or corporation to sign. It is a misdemeanor for any person to willfully su6strlbe a return which is not believed to be true and correct as to every material matter. {Code Va. Sec. 58.1 -11} DECLARATION: 1 do swear or affirm under peealty of perjury (Y j that the information herein and in any attachment(sJ hereto are true, rnmplete, and correct to the best of my knowledge and belief, and (2) that ! am the owner or a member, partner, executive officer, or other person specifically authorized in writing to sign this Application and represent the organization during the tax exemption application process. // ❑ Owner OR /� . 1�rQl/Ca r. �..lT ❑ IfBusiness, idle: ���}y�� J 2' M Signs Print !Name (e.g., President VP etc.) — i7ate * � � FOR C�FICE USf OWLY * �" Date � ❑Copy sent to I I Disposition: ❑ APPROVED Received: Rod Williams on Initials: ❑ DENIED (Rev. 10/2U14] 63 P�Iap Nc. Pro e Addiess Date Ac aired rJse fii Prc�ert ,. .- Frederick County Code Section 155- 153(B }; Each organization which owns real property exempt from taxation pursuant fo designation of the Board of Supervisors or pursuant fo designation of the Genera! Assembly sha!! fire triennially, commencing on November 15, 2014, an application with the Commissioner of the Revenue as a requirement for retention of the exempt stafus of the property. The Commissioner of the Revenue sha!! send notice of this requirement to each such organization by not later than September 75 preceding the November 15 on which such application is due. Such application sha!! show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought. Organization's Name: � IGS�,�` �5 }� f�_ n,���u� D� w� 1 es�f i hG . Organization's Federal Employer identification NIoO.` {EIN }: �C� l ContactNamr?: �. ___� d Inge.,. -.loo rn. Phone Number: 1 curl �_a_� .re1i� Contact Title: Email: �o DWernecrkr° S�Wc_nr Mailing II '' 11-- 1 �' fj•� Address: 300 ��wrins�@.rr ��b .�. WiV1C.YrESt�I V� ZZbD3 Frederick County Location Address: �` V� — Date Organization Fsegan or Will Begin Operating in Frederick County: � �jp,,r�i� 31 � 1.�, 8� 1. What is the or`ganization's purpose? 2. What is the organization's federal tax designation (select oneJ: �5D1(c }[3} ❑ 541 {c } {4} ❑ 501 {c } {6} ❑ 501 {c } {7} ©ether jspecify]: 3. How is the organization funded? FV�'IrAV� (�!, ��e. OuA � �h�� _W1D��1(1'�'�.V10Wt [:�L S��I' V i [.a_ �� w�i 4. What activities or services does the organ tion provide that enhances Frederick County and its citize ? �1�.ase s�� a� � 5. Provide a detailed list of all real property owned by the organization for` which it is seeking a Frederick County tax exemption �(atrach additional sheer, if necessary): A b3 A ilifi�a4MinS�P1T- Lfi- Wtigp� -n i�' Dr��le, W�,nGh�s�er VA z~z.Ioo3 7 l� i Iq�bS �hiD� `�a�` .i ��3..�:C�li'�. ov�wr+�+ oG�e� +r ►nd � �:u �w asks l:v: o�� l�, 31ca � ,TVZN[� g.Q�'�y a� Su fso+r [continues on page 2] 65 6. Select the category of exemption under which your organization qualifies: Church or Religious Body or Religious Organization (provide supporting documenfatianj ❑ Non - Profit Cemetery ❑ Library or Non- Profit Institution of Learning ❑ Museum ❑ Historic Preservation ❑ Park ❑ Playground G Club, Scouts, or nationally -known helpful organization (specify]: ❑ College Foundation or Alumni Association ❑ Recognized Farming Association (specifyj: ❑ Veterans Association or Auxiliary of same (specifyj: NOTE A copy of your most recent exempt IRS tax return and /or your latest detailed financial statements maybe requested® 7, L1st the following information fo► all,. ofFicers who have the ��Orirh S s�le.�i �uo-�� �. il�e I-n e.c I�.e� NI � chae.I 1�� �[sawts '�es+ae�n� a CEo CFo vu s�t�a Ca vrkWr �lint� I authority to represent the organization; �� ,e ��� s, .�,.�� �� S40 1a1a�' �shiey � SYWC. o� Yp � sg3S 3oQ Wea'.twu I�s� � �er%v�r Qr UJiwc.l�*� UA z.2�ao3 X00 � �d rs � Qeuv� w�uryt �' S91? ��lECr+ec�1+G � s� o� �s— wccuaw►� �sUu�c• Sq �3 °� _.....� ....m.. t e tea estate owner is a ouslness entity such as a trust, partnership, limited liability company, or corporation, this wppucation must be signed 6y a member, partner, executive officer, or other person specifically authorized in writing bythe trust, partnership, limited liability company, or corporation to sign. !t is o misdemeanor for any person to willfully su$scr!$e a return which is not believed to be true and correct as to every material matter. (Code Va. Sec. 58.1 -11) DEClARA7lON: 1 do swear or affirm under penaky of perjury (IJ that the information herein and in any attachment(sJ hereto are true, comFlete, and correct to the best of my knowledge and belief, and (2J that ! am the owner or a member, partner, executive officer, or other person specifically oath ed in writing to sign this Application and represent the organization during the tax exemption appli:ation proses ❑ Owner OR �► � � <— �.�lf �usrness, Title: _�,�� t i j t{ 1 Signature Print Name (e.g., Presldenf, VP etc.) to ,a * *FOR OFFICE USE ONLY � * * Date ©Copy sent to Disposition: ❑ Avveov>:n Received: Rod Williamson Initials: ❑ DENIED [Rev. 10/2014] •• Frederick County, Virginia Application for Real Property Tax Exemption Aktachment for Additional Information RE: Westminster Canterbury of Winchester, Inc. d.b.a. Shenandoah Valley Westminster Canterbury [SVWC� Question #1: What is the Organization's Purpose? Establishing and operating a residential home far the life -care of aged men, women and couples. Westminster Canterbury of Winchester, Inc. is anot- for - profit, intimate, church related continuing care retirement community that is committed to enabling residents to use their gifts fully, live their lives richly, and enjoy with dignity the years God has given them. Question #4: What activities or services does the organization provide that enhances Frederick County and its citizens? Beyond providing accommodations, services and potential financial assistance to elders of Frederick County and surrounding communities, Westminster Canterbury of Winchester, Inc. is a responsible community member by providing meeting space for local non -profit and civic organizations and hosting community events such as the annual Apple Blossom Festival each spring. SVWC was also pleased to partner with many different national organizations such as the Alzheimer's Association, Arthritis Foundation, and American Cancer Society to sponsor many different local events. SVWC has also supported the following regional and local organizations such as The Garden Club of Winchester, Teens Opposing Poverty, First Night Winchester and the Winchester Orchestra. Moreover, SVWC donates medical supplies to the Free Medical Clinic, building supplies to Habitat for Humanity, hot and cold meals as well as driver time to the Shenandoah Area on Aging Meals on Wheels program and launders the bed linens during the duration of the WATTS program. Lastly SVWC serves as a clinical site for Shenandoah University, Lord Fairfax Community College and the American Red Cross. 67 SVWC Sponsorshr`p Info: Winchester Star Kiwanis Apple Blossom Adult Day Care First Night Winchester Free Medical Clinic Rotary TRIAD Literacy Volunteers Kiwanis Club Alzheimer's Association (Reston) Our Health American Cancer Society Quota Shen. Valley Music Festival MS Walk Teens Opposing Poverty Winchester education Foundation Alzheimer's Association Winchester) Winchester Star -View from the Valley Book Winchester Shawnee Lion's Club 2014 Galf Classic American Red Cross Clarke County Rotary Golf Tournament Blue Ridge Hospice Newspapers in Education Pancake placemat (2013) '14 Theme Party 1 Breakfast Walk 20th Anniversary Party First Night Celebration Silver sponsor for Taste of the town Kaleidoscope Seniors Festival - Seniors Armed it Knowledge Adult Spelling Bee Pancake Day place mat ad sponsor (2014) Exhibitor sponsor Tee sponsor far 13th annual golf tournament Relay for Life event kitchen kapers sponsor (chef level) Sponsorship Dona #ion i onor o Jo Impact the Valley Season Long Sponsorship Silver sponsor -- JHHS walk Silver sponsorship Hole sign sponsor - requested by Li Power 15 tickets @$10 each for 2014 Wine event (Michelle Thomas} Requested by Sylvia Wilson $175 hole sponsor 5K RunMlalk Warren County Girls Littie League Softball (Front Royal Fire) Patrick`s daughter, Nat, plays on the team Apple Blossom 2014 -2015 sponsorship 15 Theme Party 1 Breakfast Waik Literacy Volunteers Storybook Ball program ad Masterworks Chorus per requesf from Saily Waiters Grand total spent thus far in 2014: $32,325.00 •: The breakdown of these sponsorships falls into these categories: •� IIIIIVIIUI �W���p1)il ��� �#408� [iS��i18%s3t80P1�5 lc�ca� Ecor�omy� %ur.sm ,�v �N° III �5+e�r�im�a�rs ��:� �� 1�, 0 �� ',� � ,1 u, �--� @. S a �q .Z t\ 70 Shenandoah ijalley Wesfimir,crar_!�a_ntarbi,�ry Communi Benefit Polic I. What is Co r? A standard definition for Community Benefit as it relates to our community's purposes, is the activities and services Shenandoah Valley Westminster- Canterbury (SVWC) provides — beyond its stated mission and purposes —for the betterment of the greater community of Winchester and Frederick County. II. Why is a Community Benefit Plan needed? As stated in our mission statement, SVWC is achurch- related continuing care retirement community. Therefore, SVWC has a responsibility to have a genuine care and concern for the lives at SVWC, as well as in Winchester, and Frederick County. Five main categories have been identified in which SVWC benefit efforts will be organized and quantified: Executive Experience o For individuals who serve on a Board in which his/her experience and background is the basis for recruitment, and provides a high level of expertise to the organization. This would also include consultation requests. Professional Experience /Training o For individuals that are using special training, as in clinical, specifically for the activity i which he /she is volunteering. Time and Talent o To be used for all volunteer activity that is not directly related to his/her professional background, work experience or volunteering. Sharing of SVWC Space Sponsorship and Monetary Support 71 III. What is SVWC's mission and how does this relate in offe:-ing beneft to the greater Winchester/Frederick County community? Shenandoah Valley Westminster - Canterbury is anot- for - profit, intimate, church - related continuing care retirement community that is committed to enabling residents to use their gifts fully, live their lives richly and enjoy with dignity the years God has given them. As a nonprofit organization, SVWC must be able to "tell the story" of its good works. n addition tot e fact that helping others is just the right thing to do, studies have indicated that volunteering provides benefits that include improved physical and mental health and greater life satisfaction. IV. What is the purpose of SVWC's Community Benefit Plan? The purpose of SVWC's Community Benefit plan is to: Focus, monitor and assess community need and the benefits being conferred Inform, engage, encourage and organize community outreach, service and activities Document and report the charitable activities of the community. n following the advice of Larry Minnix, President &CEO of Leading Age, we need ask ourselves: "What should we start doing, stop doing and keep on doing ?" This includes documentation, quantifying, clarifying, improving and continuously evaluating efforts in this regard. V, How SVWC track and report on community benefit activity? SVWC will track community benefit activities utilizing a specifically designed Excel spreadsheet. While this is still being developed, it will allow for information to be organized and analyzed by multiple users for specific purposes. The spreadsheet will capture detailed information including: Category 72 Organizati.r�s receiving aid Number served Event description Costs SVWC Contacts 73 fVav �1 2Q14 5.45PM HP LRSERJET FR}i p.l � —�� '�7llestminsterCanterbury SHENANDOAH VALLBY Ik! � �w�w�� (n�� I From: Phonon SW 0 - In (r S " �4 $0 �s8®s� !h ��,1, 3 �ml LL ��, . !AI A ul � � ,� / � . _ � � i7 e11A � �n �•�i• I�� �p�� A s � � a,K.l 11 Di ca. � �5�� � �� � � � � �a ��,�� �� �� _�; �`-- -� ��w � 1 n ��`� �� � �� � �W � �� L�..r `I'VE � 1��01{g i N aTT�'�jV�.�� �; � �� ��� � � �° �� �. 1'� su, w� �e� ��' Poi fn rw;� t� Q�s�b�_ � �.. , IF THgRE !S l� PRaBLgM WfTH THIS TRANSMISSION, F+LEA3E CALL (54Q) 665.0136 CONFIDENTIALITY NOTICE: Thls facsimile is intended only for the use of the named address ®® and may cantaln inf ®rnoetlon that is confidential ar prlvilsged, If you are not th® Intended ►ecipi�n #, or you are n ®tt#te employee responsible for dellvering the facslmile far the intended recipient, you are hereby notified that any dissemination, biatribu#lon, or copying of 'die facsimlle is strictly prohibited, If you have rbcei�red this facsimile in error, please notify the sender immediately. Thank you. 30Q Westminster Canterbury Drive •Winchester, VA 228tl3 s 540 - 8650168 74 nov C1 �u14 b: 45P1'I HP LFiSERJET FF}}{ io, 2 r �� - • < Y4 '.� ,. '• '' � f TH75 AGREEMENT, �1ade this � day of _, igB2, u' , • ,f ijy and between V[RGIPIIA DIOCESAN HOMES and WE5TMIN5TER PRE58YTERIAiV jiCMES, ` � INCORPflRATEb, Virginia corporations, parties of the first part, and WESTMIefSTER- CANTERBURY, WINCHESTER. INCORPDRATEG, a Virginia corporetian, party of the second part: WHEaEAS, the parties of the 'first: part were' of -ganiaed, respectively, 6y tha Episcopal bivicese'af Virginia' and the Presbyterian Synod of the Virginias far the purpose of acting on behai'F of the Diocese and Synod in their ministry • to the aging to establish. maintain, operate, manage, control end regu]ate residential homes far aged men, women anti couples, and ' WHEREAS the party of the second part has been organized end created by Episcopalians' and Presbyterians within the geagrephica] boundaries of 'the parties aF the first part far the purpose of estabtishing'and operating a residential home for the ]ife• care of aged �nen, women and COup]efi, to be located in the'Vicinity of Winchester. Virginia. ' NOw, 1'NERi:FORE. FDr and in consideration Df the mutual covenants and apr•eements contained herein, the parties agree as follows ;'� • i, The parties of the •first part agree that the petty of the second • part shall be known as 'Westminster- Canterbury, Winchester, Incorpnreted. a� corporation orgeni =ed for Cho purpose of establish4ng, maintaining, operating, managing. cantral]ing and regulating a realdentleT home or Dome for aging men, women and couples, including the raising of ca pite]•and other funds for the development of facilities. with all other powers necessary and convenient • to effegt such purposes,. 2. The Board of�trusteas of Westminster..Canterbury, Winchester, Inc�r- porated, sha]] 6e elected half by Virginia Diocesan Homes and half by Westminster Presbyterian homes, incorpprated. or their successors ar assigns, in such manner es provided tin its Articles of Incorporation ar bylaws, pro- vided only that at e]1 times during the existence of the party ci the second part, its board and each class 'thereof shell reflect equal representation between Virginia fliacesan Homes and Westminster Presbyterian Homes, incorporated. 3. The Articles of lncorparatian of the party of the second part sha]] not be changed without the approval of the parties of the first part.' 4, The perties�cf Lhe first part pledge 'ta assist the party of the �� .� 'decand part in its'initlal deGe]opmPnt and in o6faining financial essistanae _ until suffieient,.tunds are in hand for its.�kn operation.,, The parties of the first dart further agree to advise in a can tinuinp compaign tp oltit.ein.finan- ` • alai assistance for needy e•esldeets of the party of the�secand na�•c. 75 IYo� 21 2014 5:45PM FiP LRSERJET FRK p.3 y � '' � 5. The faciiitSeS of•,the�•.party ot•the second park shall be open'ta •� serve all people regardless.of rate, coiar nr religious afTiliet1on,• prefer:. ' ' ' once for financial �aesi'stance in khe• farm �oi' • "fello►vships" shall be giren ta� f •• needy cononunicantn, clergy and .other professianai churcFi trnpleyees and !heir families from the Episdapal Diocese of� Virginia, and the Pr'eshyterian Synod of the Virginias. . 6. The made of ' operation of, `.the facility operated by the party of the second par! sha11 incyude a fu11 range of service9 providing life -care Far . • the residents tQ� insure independent lining 6y they in dignity and respect, , a sound financial basis for constructiart end operation of the feeility and ' the pravlding of life -care for. the �reaidents, a continuing participation of the reaidenta in their awn affair$, a fineneia7 nssi�stanee program which . v�iil not dlsciose the•identity of recipients ai' fellowsi�ips and•thx dev'eiopment , Qf pra9rems end ecti'Vities •!o keep residents• eetive•.in ;the fecllity and in Its conanun'ity, ' •� ,' � � .� . • . ' J • r 7. The•governing,bady of�th'a party of the second pert shall fran tie�e . td time report to end •con :ult with the parties of the first part. S. •• The spec7•fic,',po'l ici,e� ;under ;which the •p4rty,,af,.the second 'part shall aperete, shall• be establis�ed'by•;it's ,po�iprning bady,.�••A professional' admini -• ,• � • • stratar shall be�ampl�yed�6y,•the party of the second. pert to execute policies established' py the` governing body of •trio part�r of the •second part, FlITi+ESS' the fallo�aing aignaturea end seals: , ' VIRGIHIII ilIOCESAN .H(khES • y • � •, '+', •8y� (SEAL; F�ESTlM1INSTER PRE56YrERIAN HOMES, ' � ]NGDRPORATEQ�, • * . . �� 9 � —� . {SEAL; • • • 1VESTPitNSTER- CANTER$URY,• 61]NCHE57ER, • 1NCQRPORATED • , � By: � �S;AL • � rI • i � � • 76 Frederick County bode Section 155- 153(B): Each organization which owns real properly exempt from faxafion pursuant to designation of the Board of Supervisors or pursuant to designation Of fhe General Assembly shall file triennially, commencing on November'!$, 2094, an application with the Commissioner of the Revenue as a requirement for retention of fhe exempt status of fhe property. The Commissigner pf the Revenue shall send notice of this requirement to each such organization by not later than September 95 preceding the November i5 on which such application is due. Such application shall show the ownership and usage of such property, and such other infomaation as the entity deems desirable, far the property for which retenflon of such exemption is sought. Organiz�len's [uante: � 8� Organi�tifln's Federal Employer idarrtification ho. (ElRly: Contact Name:- Phone Numhew �Q ;S'�3 — y7� ��Contact Title: 1 h Email: - -- /J`r�n� er D� � 'n � �r+ . Y Ma�rtg Addr�� d � ,�dun�Gr �� r �e der 'l�� a a Frederkk Connty iatatien Addre�: I Date Organization Boman csr wilt Begin Cip�attrtg in FredeNck County: % �}' C, l �.. ►Nita# f5 the organitatinrr's purpose? Ta pr.k �t avr Cbr+rp,oA; errs �: It�� ��r+�+ �': � ��•.t �,a�e� 1�,.� �rl to �rra.�, 6Js ra+w4��+.;~� in V+(ckM�„r w��'g Of7r 1'��+hro+rf%aY da �.79. fve Sr /tr.'+L•5 M 6V/' ni.�]L6e -� . Z. What is the orgarrixatinn's federal tax dasignatlon (select atrej: �(501(cj(3) ❑ 501(c}(4] ❑ 501(c }(6] ❑ 50!(cj[7J ❑Other (specijyj: �. Hcanr is the organization funded? ii1e�5 fts „oke. a u�F.i. e[rr pbs c�,.MS �► rr� p� � ++7..n,b�✓; cerA'�+' _ 6 �Ya w. f { A1af� �n� SPe+� � f-R• Cr+rM•arr' . . _._ 4. What activities or services does the erganizatiott provide that enl�arices Frederick Couniy and its tltizens? W� i^Laai� dr +� q,/�rw � �. ctin ary�w+lCR ns [n ►k� fn � rv' °, �� %` '�'�".,_ s�_�ti�L_�1.ts_�- �1�r_* -� 1�y�'1 f�►i� _�:rna U•�� KY_�(�..j. l�l,� iSl14d ONx� iiK�W.1/1�5. � 5. Pi °Quids a detailed hst of a[I real property otiuned isy the csrganizstiore faFr urhich tt Is seeicir� a r- rederkk C ®urrty lax �ffP�fr;ar� leit�Farfi nddiilns�e�i ef.aal� r°f's�ennrrsrae�. [continues�rrpage 2] �. � �o� ai:F� �� aw.x. t. Date � Copy sent to Disposition: ❑ AaPROVeo Received: Rod wiliiams on Initials: ❑ DENIED [Rev. 20/2014] i Frederick County Code Section 155 -� 53(B): Each organization which owns real property exempt from faxaflon pursuant to designation of the Board of Supervisors ar pursuant to designation of the Genera! Assembly steal! file triennially, commencing on November 15, 2014, an application with fhe Commissioner of the Revenue as a requirement for retention of the exempf status of the property. The Commissioner of the Revenue shall send notice of fhls requirement to each such organization by not later than September T5 preceding the November 15 on which such application is due. Such application she!! show fhe ownership and usage pf such property, and such other infom�afion as the entity deems desirable, for the property for which retention of such exemption is sought. 5. Protride a detailed list of all rani property owned by -the organization far which, it is seeking a irederick County tax exemption (attach addlfbvnal sheet, Gf necessar��: (continues page 2] yau,�J ar�an � urf�ori! S.. is � ,...a�. F s. i ,.. • ����� .v y J„ _._ _.. ._ �. II--// I _ -... Organlzatlen's Name: � Uu7�1 �i�`Ll ihCd1'f t�����V .�- %? � , , C3rpanita*.�+ah's� €ederal rr;�p�lr�yer IderrlEnifinc:atio/rr?Na. (Efl+ij: Contact Name: IIiC(i r r' ! • V � ffl�Y1 Phone Nonaber: J�L�(J' -G(� � ��jr( !� Contact Tide: �C�CU�/ f/.� � /i�.C��C1(/' EptaH: Y'0�' I/' r �d? -�C! C � j/� drJ 24 Y1, i'lC Meiling Addressc �� ��//��1��_ � �Q' f �� ��-G � J r tC�f/�J7� ' ��}" 2210 � l Frederick Cssunty Location Address: � a . fax 3a �3 1r�inG�.s,�v� ?��- 22�D Li flue Organlzatlart Began or Will Be�r� Qperating In Frederick County: ��,� �• �� 1. Whai: is the organiaatien's purpose? .. �l5 �Q irfi O� -�hG t /> C CR�r rcS _ /S -C I ��� -..� � i 6 � � ' Q'��/�C C[G� � �L! � C� 461 ���'!S � y � 2. What is the organizatimn's fecleraC tax designaticm (.¢elect ooeje 501(cj(3� ❑ 501(c }(4} ❑ 50Z(c }(6} ❑ 501(c }(7} ❑Other jspecijyj: �. Flaw is the organization funded? i �! �0'>'l��r �� �J'!Si Carr i � ro Sd /� o� . � r r 4. hat actiViti s or rvic�s does the ®rganixatian rovide th eni�nces Fre�ierlck County and its citizens? v�r U � aup �i!•rtt�( � /ter 1'l�'r - -[� c� �CP•Ll� -�j� .. s9yy - rY� y6dk�ln'li�r � � fit�G � ��l+� �G�i�r /�' �r! /e�i C� I ry 5. Protride a detailed list of all rani property owned by -the organization far which, it is seeking a irederick County tax exemption (attach addlfbvnal sheet, Gf necessar��: (continues page 2] yau,�J ar�an � urf�ori! S.. G. Se1ec� the �tegory of exe�tptiort vender which your argtani�atic�n qualifies: ❑ Church ar Religious Body or Religious Organization (provide supporting dotumentatlorr] ❑ Non- tarof(t Cemetery ❑ Library or Non - Profit Institut'son of Learning ❑ Museum ❑ Historic Preservation (� Park ❑ Playground ' Gub, Scouts, ornationally -known helpful organization jspeclfy): D� -'�"� � , �..�'1 �� �� ❑ College Foundation or Alumni Association ❑ Recognized Farming Association (specify]: ❑ Veterans Association or Auxiliary of same (specljyJ: _ ND7'E: A copy of your most recent exempt IRS tax return and /or your latest detailed financial statements may be requested. 7, Lint the fol�wing ii�ifbrma# ion �r �i t�ffic�rswho have �e:le�al a ®rity td r�spr�sen# t�,e ,Firger>lHaaiFon: /YI1G�ja'e,� �pS���H � Po �u �f5� � �1�adSry� Received; s�ev� i/A• Gt1 r��ZZI��/ Initials: �u��� P��S1��� �,h�s�Y +, f� �rr� S��(,J'L�ISci� C�aCCV��v� 520 �Y ¢'/�a3a� V'a lIe�% �aa� ld iNrrfG6�� ��1 3 f/i!� r,r- L�.SGI i'�!�' 23 r �. IP�QQtir� st "��llc �i',r!'1��@H bGG�i1Cr Su;¢L 31a r�llarclres�v V�-, If the real estate owner is a ausiness entity such as a trust, partnership, limited liability company, nr corporation, this Application must be signed by a member, partner, executive officer, or other person specifically authorized in wilting by the trust, partnership, limited liab(lity company, or corporation to sign, it is o misdemeanor for any person to willfully subscribe a return which is not believed to be true and correct as to every material matter. (Code Va. Sec. 58.1 -1ij DECLARATION: ! do swear ar affirm under penalty of perjury (1 j that the lnformatlon herein and In any attachment(sj hereto are true, complete, and correct to the best of my knowledge and belief, and (2J that 1 am the owner ar a member, partner, executive officer, or other person specfffca!!y authorized in wilting to sign this Application and represent the organization during the tax exemption application process. � �� ❑ Owner Qg ) 1 t,� `--•I ,�+lf,8uslnass, Title ��iCL_��'�_ � _ Signature Print Nam® (e.g•, President, VP efc.J � * �` POR OFPIC� IlSf biU'LY * � • � • Date ❑Copy sent to Disposition: ❑ APPROVED Received; Rod Williamson Initials: ❑ DENIED [Rev. 10/2014) i D Z J W ,W^ V N W W Z a U Z Q W 0 N I.f1 N LL • �� � O � O O M � O � i Gl � M 00 N c�' Q � f6 ++ O f6 H N O O � p O O O o0 O O O O O M � O O m O� � O M p O O�� O� O� O � p. 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V t C .� o f in o ai � ' 3 N � � � C N C O m � fA Q L C Y � � � � � � � � � � c 3 � � � � �� � � � � W � `m r tea � ca � � � � ro x n �� � 3 ti � � �_ L y d C � � C � ?C Q ° � � vai rn .� N vi � � � � c� i E E �' � m co 'V � � � � �+ � h � � � � 11 m � W � � ' � � 3 0 0 @} x x � � � J m � y a� � � �; o o O N � x d d o E 3 o a, � L ���� ti Q n otS 4�i c�a o � c � � � a � � � Q � � � m L � ' � � °�' � � � � � .s ,_ ro y � GY Cq lU sn U � U c��o � E � � 'a ca E E � m L2 p v+ '� S m cn � m � L a a� � � CJ � � � �� .� � tai c w w � � :� EA a: �d.,; a °a 0 0 o° ° ' � a° 0 C� o O �r � a rn C a m 01 L V a� c t� a 0 n O F' � U Z � � U n N Lb N d J N C aJ � vas E w °' �' � a�i c � y •- c� F ' J � O U Q. o � a N 0 0 0 0 0 N Q ['] �, FINANCE /AUDIT COMMITTEE SURVEY SUMMARY # OF RESPONSES: 7 Survey distributed to 6 committee members, 2non- voting liasons, County Administrator, Asst. County Administrator Currently, the Finance /Audit Committee members consist of 3 Board of Supervisors, 3 Citizens and 2 non- voting liaisons (Treasurer &Commissioner). The number of members is TOO FEW 1 JUST RIGHT 6 If the Treasurer and Commissioner are non - voting liaisons, shouldn't the County Administrator be as well? Currently, Finance Committee meetings are held monthly and Audit Committee meetings are held as needed (usually following a scheduled Finance Committee meeting). The meeting frequency is JUST RIGHT Do you feel that the amount and type of information provided on Finance Committee agenda items is NOT ENOUGH 1 JUST RIGHT Sometimes it's unclear the $value of request being made. If the agenda indicated the dollar amount for each transaction on the agenda that would help. (Most times this information is there). For anexample - theamount from this morning from NSVRC. We held a lengthy discussion over $1,200. It was shown in the detail, however it would be helpful on the agenda as well. Do you feel that the amount and type of information provided to the Audit Committee is NOT ENOUGH 1 JUST RIGHT Do you feel that the current role of the Finance /Audit Committee meets the purpose and responsibilities currently listed in the charter? NO 1 YES Item number 3 Audit Committee Charter (Section IV Responsibilities B. Audit) indicates that a meeting with external auditor during entrance conference should occur. Currently the Committee as a whole is not a part of this discussion to my knowledge. Item number 4 Audit Committee Charter (Section IV Responsibilities B. Audit) internal audit including review and approval of the internal annual audit work plan, reports and recommendations. Currently the Committee as a whole is not a part of this discussion to my knowledge. Please provide any additional thoughts, comments and /or suggestions. Some staff is unclear when things should go to Finance Committee and when to HR, for example. If rules exist, training is needed. Frederick County Board of Supervisor's Finance /Audit Committee Charter I. Organization There shall be a committee of the Board of Supervisors ( "Board ") of Frederick County, Virginia ( "County ") known as the Finance Committee ( "Committee "). The Committee shall be comprised of three (3) members of the Board of Supervisors who will be appointed by the Chairman of the Board, with one appointed as Chair, three (3) citizen members as appointed by the Chairman of the Board, and two (2) non - voting liaisons: the County Treasurer and the County Commissioner of the Revenue. The Finance Director will serve as secretary of the Committee with the duties including preparing agendas and reports to the Board. This Charter shall govern the Committee with regard to its duties and responsibilities. The goal of the Committee shall be to provide oversight for all financial policies, procurement policy, financial planning, risk management, debt issuance, budget development and other fiscal related issues. II. Purpose The primary function of the Committee is to review matters of a financial nature including proposed changes to fiscaUprocurementpoBcies and the review and recommendation for matters of a financial nature coming forward to the Board including, but not limited to, supplemental appropriations, transfers and contracts. The Committee's primary duties and responsibilities are as follows: • To provide to the Board means for determining the manner in which policies, programs, and resources authorized by the Board are being deployed by management consistent with the intent of the Board and in compliance with all appropriate statutes, ordinances, and directives. • Develop and submit reports, draft policies and /or recommendations regarding audits and the finances of the County to the full Board for its consideration. • To serve as the Audit Committee to assist the Board in carrying out its oversight responsibilities by reviewing financial information provided in the County's annual financial report. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings and Quorum The Committee shall meet monthly or more or less frequently as circumstances dictate. The Chairman of the Board, the Chair of the Committee, or a majority of the Committee members may call or cancel meetings of the Committee. The Chair of the Committee shall prepare or approve an agenda in advance of each meeting. The County Administrator and the Directors) with the responsibilities for finance shall be invited to all meetings. Other management officials and counsel to the Board may be invited as necessary. With the exception of Directors, the Chair may excuse any non - Committee members from attendance at any meeting or portion of any meeting. A majority of the total Committee composition shall constitute a quorum for the purposes of conducting the business of the Committee. :• IV. Responsibilities The Committee shall have the following duties and responsibilities: A. Finance 1. Review and advise the Board and senior management of the County with respect to finance initiatives, policies and procedures, including activities relating to procurement. 2. Provide direction during the preparation of the annual budget. Review the County Administrator's final budget proposal and provide recommendations to the Board with respect to those proposals including tax rates and fees. 3. Review and advise the Board on supplemental appropriation requests, transfers and change orders as dictated by policy. 4. Review the budgetary and financial implications of management's tactical and strategic plans. 5. Review periodic or interim budget and /or financial statements to ensure the County is operating within approved financial and budgetary allocations and that the County is appropriately safeguarding its financial resources. B. Audit 1. Perform independent review and execute oversight of the financial reporting process, internal controls and independent auditors. 2. Provide a forum separate from management in which auditors and other interested parties can discuss the annual audit. 3. Meet with the external auditors during the entrance and exit conferences and at other times as needed or upon request of the external auditors. Review and approve the annual external audit engagement letter. 4. Manage the County's internal audit function including review and approval of the internal annual audit work plan, reports and recommendations. The internal auditor shall report functionally to the Chair of the committee or designee. The Committee chair, along with the County Administrator and Finance Director, shall conduct annual evaluations of the auditor's performance. The Committee Chairman shall participate in decisions regarding the appointment of the internal auditor and the acceptance of the internal audit plan. C. Other Duties Related to Review, Reports and Improvement Procedures 1. Review and reassess annually the adequacy of this Charter, and conduct an annual self - assessment of this Committee's performance. 2. Report all meetings of the Committee to the Board on the matters discussed at each Committee meeting, as appropriate. 3. Perform any other activities consistent with this Charter, the County's goals, objectives and governing law, as the Committee or the Board deems necessary or appropriate. Original: Adopted by Board of Supervisors 1/25/2012 Revisions: 9/9/2013: reduced Board of Supervisor representatives from four (4) to three (3) 9/29/2014: no changes .. l�re��l� �. � -arto� ��an.ty Adminstra�or 54�f665 -�3�2 Fay. 5��}I667_�37i� E- mail.: bgarton�fc�ra.us !'' 1 T�: 11~ inanee Committee Members Cheryl B. Shiffler, Finance I3irectar F�2tDM: � Brenda �. Garton, County Adrr�inistratar SUBJECT: I PPEA Review Fee refund T1A"I'E c � (�ctaber 19, �a 15 Attached please find a request from Rl �0 SPE, LLC seeking the return of their PPEA. review fees submitted as part of their PPEA unsolicited proposal far a new county off ce building.. It should be Hated that the County did incur legal, expenses associated with the review of the proposal in the amount of ��, � X12.0, per the attached. invoices. Therefore, the am.a�ant tea be refunded to Rll 50 SPE, LLC would 1be 47,97.40. Pursuant our PPEA. guidelines, Section 7II �C} � (c), the applicant is entitled to this refund: Reimbursement of excess fees paid. If the Total fees paid Icy proposers for a phase of procurement exceed the total casts incurred in processing, reviewing, and evaluating proposals for that phase, then the Board ref Supervisors shall reimburse the proposers the difference an a reasonable, pro rata basis. Thank you in advance fair your consideration of this request. �GGIj et Attachments 10i T�Tarth Vent Street � 89rlchester, Virginia 2201 a h����?, £: "�t�a9te�l ?�^ttztia�rrrt���9, I..I.S�° riaa fast Pr•�ti Skrec3» Stone 6ca�r Sriltpnrc�re, Maryland "�1�V "� 44;�i • �sft;,, zgo�r Crctc�ber l d„ 2'�l l 5 )V1s, Brenda G. �ar'tcsn County Administrator Craur�ty cif F"redr:rick l �7 l�lcrth dent Street ''v�incheter, VA 22+5i?i Re: Freelericic County ":enter T'Pl✓A VtA E- 11fiAi'd. dear 1�ris. +Garton: F have revier�rcd r�ur correspondence witlx regard to the r�eturxa of tine PPEA deposit, As yr�u know, Ft! 50 SPl✓, t.,l..�: sarbrr�,itted a f'PEA to provide far a County .A.dministration buildini; and, purs�a�arat to a statutcsry rer�uirernenty else paid the re,�uired fee, which was. to be held �Iid, if raece:�sary, used to defray aray County costs incurred evaluating the PP)rA proposal. As you know, the l'l'�A was not accepted by thrK County and,rra fact, the rezoa�ing that was filed on August.. 8, 2C%l4, and which rreade refercraae to the l'PE.A, was rejected by the l3crard of Srupervisors +gin )March ]. 1, 2� l S. Further, acrd it praiaal�ly goes without sayixrg, given what. has occurred, there has been raro evaluation ar expenses incurred by the Counter cands�ciirag any tavalua�tion of said PPI�A, Accordingly, aa�d based on the aheve, we would respectfully request that tl�e County return tlzr �5t1,0(1Q.tlt1 to xis Sl'E, L,i�C, plus any interest if saty has been accrued. 'T%an�, you for your assistance and cooperation. Sincerely, R l Stl Sl'l�, f,I.0 A Virginia limited l,iabili.ty �;c�mpany Sole i�leat7l�ea� of; l~rederick�t�,� rater,.. f.L,C $�+ �° .,...,.,, _ i1`_ _ _ ._. Nara�e: Cary Pvientesana "l'itle; Executive 'Vice President �c; Ear'A '1%V. 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F�INs CFaurrMh, V"A 22Cid7 T�lephon�e;'7p3- 64� =A20� F� x 7 t73 -frA 1-�s. 0 Tax I[l # �- (i74963� NEW YpiFihC�+ 4pNOpN a H{MNG,w b�pNG w GHeI~.,gpQ 4.W�4,SH1NGTpN, Q.0 + �Ek1!!NG r Pd'1Ft3S + LpS ANGE'i'�s w SAAf FFid41^ICRS�"p � k"H1LA�aELpHIA ♦ SH.�HGHkI � PITT5�3UR'GH r Hf1U9Tp9N •- 'SIN�aAPpR�'a diC4iNIGH a ",'+�iY d ?HI';i,'k'V%IN�ETpN +'NCrRTH�F3N VIRQ1M1plq.4.'WIL?APNGTpN a SlLpppN V;4LL�1" r pUBA9 a GHNTURY CfTi' a HI'CHha+gNp v �RE�E� a KA7.�4KWS7AF1 1'�E.IJ�P.P.1L.� �,r�lJ1V .1, lg V .�['IV �J"`1s 1 � % �+7nrth dent Street 3rd'1~ 1poC .. �]I1C11i�Ster� '�4�:''� ���3'Q Att�►:�*1tc�dericic B..'�dilliarns, Esq. , ,Ctient(1Itter Coniart; K�Pri�$� B.'il�tarr�s� -E,sq. .. lip: J�ree�ra�c�Cr�u��y �nvernent C�er�t�r '1PEA ,. �t�y � � ,24 i �. �nVa1C� .C�iUrl7kier: ��44459� �Vient 1`�urn0a�r: 972�4� t�tier 1�urrsb'er: 60441 ' For �rc�flessie�n�1 Serviees R�nderel� Thz-ou�H� �.prl'.30, X413 �Z'�li!I]F: DE'�'PeYi� 1�ate 1*larra� ]�`arrativ� �Taurs- 04/04113 Fc�11� I'�eview �- rrzail; review Frederick �Goui�ty P�'�,t�, �r�roced�ares; 0.34 pruvid� 'response t� �Ceur�ty A�t�rney's query 04/16 /.13 Folk Excl�ange,e -mails 0.10 04/17x'13 F'o� E�evietr� proposals;,revie�,r dral$ nt�tice; review �'ounty 3,�0 , �uidelir�es end F�'EA re�isc �rafi notice; preFare draft n�oti�c arid.drafttecei}�t`o�' request /solicitation; e- rraaips`tc� R. 'Williart,s " 04.118113 F'ulk E�c1�an,�e e- rn'ail�; rever�r documents; send resFanse � 02� 04/2611.3 I;olk' Respand to e= niaail axail �puestion're: "affected jurisdcti"can °,'. 0`2'4 04/3011 1~olk E�chan8e e- mils' .0.10 ,"l`atall-lcaurs - •4.10 'fiirr�e Summary fSaurs Rate Val`u� T1�omas,E..�Fa1k 4.10 at � 485' ".04. = ,,1',�'8�5� "ti"c�ta1 Fees Fore Cgst Advanced�and' Fxpenses�Incurred - 1�uplicatin8l� 'rintin;i'�cannir�,� _ 17.14 urreiat I)isbu�sernents �ata1" �at"anc� l�tae Upl�!� 1Rec,r?i�t 92' 1,9€i8..S0 1.7:10 �nr �� Freder�ck+C,�aann�r V�rg�nia A�tn: R+�derie �. W'i�llarns, sq. 1Q7 fiw�t7rdh Dent Street, 3rd FYo�ar V4'inc]?ester, VA Z2�t1 X Re: Frec�ex�cl±t �ar�rn� �overn�taent Center P1P�A `N !`_. Fcsr t'r ©fesslanal 5er�lces Rendered T�r�ug�a llay 31, 2413 Current Fees Current ]Disbursements Total Bulrz�z�,� L�ue �Up�+r 17�c:ept Ii'�'WC3�C� # .. ;� SATE RtL� /�nf/ _ .. „_ ff�J I4' ITU IIjjNN�� VVk��...f � �4'1 'lease ii.emnt ter: "� wC�lb. ���'- �b�� -c�t5d -c5bt5 Reed �mit� 1,I:f� F. d�. b'eax i5.� l8 Ealtim�re, h�fl �J2 ?5 -531 June �, 201 � �vafee Nur�aber: 24i�i9b+D C�aea�t ur�iber: 9723�� latter Nunal�er: 6��►(11 97.+0 0,00 �!y �/� �� Frederick Cuaunty SUN � � ��11 Finance 'pey�artrnerrt ire I►�struetianss i�'eli's F,�r�r� Barak, N;.A� F#°"asbington, 1�C ARC Number; I2it7iia�d8 Swift C'cade: WF�Il1S6S �1'nterr�atianal;� .�c�caunt #,7D�1��3�i97�S5 9�"lease 1�e %reeace Invoice �1�r�ber) 97.00 97.�4a ��� ReedSmith 391U FainrieW Park Falis Ghurch, VA 221142 TaC�phara�; 7a9- &49W42L1C� Fax: 703- 641.4340 lax pp # 25.074���� NEW YORNS i LOF1C'MON `i FMON6'15f?Nt3� i �CNIG�O a tiWASN�INGTON, L7.0 i pEIJING i PARi�S a LOS AIYG�'LES.i SFkN FRMIC1Se0 a PHIL /MDEk_.PRIp a SNANGkiAd i PI"iT58URGH t 41041'STC)N SINGAPORE a fWlY9�NICH i A9U p!HABI a PRVNCETON i NORTHERN�VkRGMNkA a 1VILMINGTON a SILhCON YAC.LEY i pupAl.a C�hVTURY CIT1" a IRIC�FN!iNONp a GfeF�CE'a I(F4T.�MCRSTAI�C Frederick Co9ant}r Virginia Attn: Raderiak B., Wi1Ira.9Trs, ���. 1,(l71`�TorGh Dent Street, 3rd F1a+ar �nJ'incliester, VA 2�6p1 �lientlManer C+�ntact Roderick �. '��v'illianas, Esq. .ire: Fa�ed�rrk �C�19�r�ty � =er�naent �'etatea-��'P;�A4 For Prafessiolaal crvices F�:endered. Through M'�y 31, 21113 Jane 5, 2013 lnvaace Naarx�taer: ��} 16��i0 �lie�t �;lnrnlaer� 972309 Matter Nut�a�ber: �OOti l Date l"�aa�e 1�Tarrativc i�ours tDS�'Cf2 /13 Folk 'i`�leplaone call irom Ty Lawson �➢.2b Total Hours x.20 '7`ime Surnrna , 1- Icau�s Rate Val�o T'l�ornas R. Folk: ._ 0.2� at ,$ 4$5.0 = 97,t1�� "1`catal .Fees T�r1raZ 1'��rZonee metre �pora Receipt •, 97.00 $ 97.00 Charles S. DeHaven Jr. 2075 Martinsburg Pike Winchester, VA 22603 -4715 20 October, 2015 Brenda G. Garton, Finance Staff, and Committee Members 107 N. Kent Street Winchester, VA 22601 IE: FY 2017 Budget Priorities. Dear Ms. Garton; In an attempt to help find budget direction and aid staff in appropriately prioritizing budget requests and suitably recommending proposed budget cuts or allocating resources, I offer the following recommendations. It appears we will need to continue to concentrate on addressing our public safety issues We would all like to see a reduction, but it is anticipated that the property tax rates will likely remain constant. The annual use of up to 4.3 million of fund balance funding could continue to be considered to balance the FY 2017 budget. We should attempt to allocate new funding with the school system on a basis consistent with the current funding allocation. There is still a desire to identify and quantify deferred capital investments to accomplish the development of a prioritized plan to catch up on these issues. While committed to minimizing the size of government where ever possible, the Public Safety and Educational needs of our community should be a priority. Sincerely, Chuck DeHaven 95 FY16 SEPTEMBER 2015 BUDGET TRANSFERS DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 9/1/2015 FIRE AND RESCUE PROMOTIONS 3505 1001 000 007 3,252.00 FIRE AND RESCUE 3505 1007 000 001 (3,252.00) FIRE AND RESCUE 3505 1001 000 090 3,250.00 FIRE AND RESCUE 3505 1007 000 001 (3,250.00) FIRE AND RESCUE 3505 1001 000 062 3,249.88 FIRE AND RESCUE 3505 1007 000 001 (3,249.88) PUBLIC SAFETY COMMUNICATIONS 35061001 000 011 2,297.20 PUBLIC SAFETY COMMUNICATIONS 35061001 000 003 (2,297.20) 9/9/2015 COUNTY OFFICE BUILDINGS /COURTHOUSE MILLWOOD FIRE STATION BUILDING MAINTENANCE 4304 3002 000 021 1,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43043004 000 021 2,500.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43043004 000 022 2,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43043005 000 021 10,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43043010 000 021 1,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045101 000 021 20,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045102 000 021 12,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045103 000 021 12,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045302 000 021 6,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045400 000 021 3,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045204 000 021 5,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045403 000 021 800.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045405 000 021 3,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045407 000 021 5,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045408 000 021 2,000.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 43045413 000 021 600.00 TRANSFERS /CONTINGENCY 9301 5890 000 000 (85,900.00) 9/11/2015 County Administrator REPLACE PUBLIC INFORMATION OFFICER'S LAPTOP 1201 5401 000 000 2,900.00 Other 1224 3002 000 000 (2,900.00) 9/11/2015 COUNTY ADMINISTRATOR COVER DEFICIT IN LINE ITEM FOR RETREAT, ETC. 1201 5506 000 000 (500.00) COUNTY ADMINISTRATOR 12015413 000 000 500.00 9/14/2015 CLEARBROOK PARK PLAYGROUND REPLACEMENT PARTS 7109 5407 000 000 10,000.00 CLEARBROOK PARK 7109 5407 000 000 7,000.00 SHERANDO PARK 7110 5107 000 000 (10,000.00) SHERANDO PARK 7110 3004 000 003 (7,000.00) 9/14/2015 PARKS AND RECREATION ADMINISTRATION VSI BROCHURE INTERFACE 7101 3006 000 000 (1,600.00) PARKS AND RECREATION ADMINISTRATION 7101 3005 000 000 1,600.00 9/15/2015 REASSESSMENT /BOARD OF ASSESSORS CONTINUING EDUCATION REAL ESTATE 1210 5204 000 000 (700.00) REASSESSMENT /BOARD OF ASSESSORS 1210 5506 000 000 700.00 9/15/2015 PLANNING TRANSFER FUNDS FOR SALARY INCREASE 8101 1001 000 036 753.23 PLANNING 81011003 000 000 (753.23) 9/24/2015 COUNTY OFFICE BUILDINGS /COURTHOUSE REPAIRS TO GENERATOR AT MILLWOOD FIRE STATION 43043005 000 021 (1,778.25) COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3004 000 022 1,778.25 9/30/2015 CLERK OF THE CIRCUIT COURT CERITFICATION IN THE VCCA 2106 5506 000 000 (175.00) CLERK OF THE CIRCUIT COURT 2106 5801 000 000 175.00 9/30/2015 RECREATION CENTERS AND PLAYGOUNDS NEW HIRE 7104 1001 000 027 457.91 RECREATION CENTERS AND PLAYGOUNDS 7104 1003 000 000 (457.91) •� County of Frederick, VA Report on Unreserved Fund Balance October 15, 2015 Unreserved Fund Balance, Beginning of Year, July 1, 2015 Prior Year Funding & Carryforward Amounts C/F Rose Hill Park C/F Sherando Park master plan C/F DARE C/F Abbott Grant C/F Fire Company Capital Reserve E- summons funds C/F Fire Program funds Reserve P &R Play Fund funds School encumbrances C/F Forefeited assets �:I.� »3M�.P�.P�.P� � {1 �:P�/:qP� b by 4)�'W'. °�, �' � � "I�iM�.P3� » »� b4)p 3.F,. �k �,� ���%M���:I.� qq����ppM' p�p�' ��'W4)p �,.A' b�'W �,� Other Funding /Adjustments Parks returned unused proffer � "7:L�:P� COR refund - Brookfield Stephenson Village ���:PM�� ��%� COR refund -Ally Financial ���M�i�:P��� COR refund -Ford Motor Credit ��M�% ��:P� COR refund -Opal Oil ��iM�:P "7�:P� Treasurer drive through repair � ��:PM�:P�:P�:P� Circuit Clerk - deputy clerk position �:L�:PM�%:I. �� Airport capital ��» �M3:1.3� Gainesboro site retainage 5,960 COR refund - disabled veteran � �M� »3�%� COR refund - Greenway Engineering � �L��M "��� �� COR refund - Navitus Engineering ��k��� »�:P� COR refund - Citizens Asset Finance ���M "7 �� »� COR refund - Carrier Enterprises �:L�i�iM ��%�� School � � �:P�:PM �:P�:P�:P� Fund Balance, October 15, 2015 97 42,344,282 i.p� I by �k �l���' ,PP 40,589,036 County of Frederick General Fund September 30, 2015 ASSETS Cash and Cash Equivalents Petty Cash Receivables: Taxes, Commonwealth,Reimb.P /P Streetlights Miscellaneous Charges Due from Fred. Co. San. Auth. Prepaid Postage GL controls (est.rev / est. exp) TOTAL ASSETS LIABILITIES Accrued Liabiliies Performance Bonds Payable Taxes Collected in Advance Deferred Revenue TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrance General Fund Conservation Easement Peg Grant Prepaid Items Advances Employee Benefits Courthouse Fees Historical Markers Animal Shelter Proffers Economic Development Incentive Parks Reserve E- Summons Funds VDOT Revenue Sharing Undesignated Adjusted Fund Balance TOTAL EQUITY TOTAL LIAB. &EQUITY FY16 FY15 9/30/15 9/30/14 51,316,015.77 48,673,050.71 1, 555.00 1, 555.00 41,433,757.29 40,571,325.87 16, 476.70 16, 842.75 75,559.01 50,322.47 734,939.23 734,939.23 2,498.97 2,815.67 (12,370,258.09) (6,676,667.23) Increase (Decrease) 2,642,965.06 *A 0.00 862, 431.42 (366.05) 25,236.54 0.00 (316.70) (5,693,590.86) (1)Attached 81,210,543.88 83,374,184.47 (2,163,640.59) 8,381.47 10,858.82 (2,477.35) 446,664.24 399,414.35 47,249.89 209,454.96 89,404.88 120,050.08 *B 41,517,557.75 40,625,744.82 891,812.93 *C 42,182,058.42 41,125,422.87 1,056,635.55 404,416.85 327,794.42 76,622.43 (2) Attached 4, 779.85 4, 779.85 0.00 137,071.75 244,254.00 (107,182.25) *D 949.63 949.63 0.00 734,939.23 734,939.23 0.00 93,120.82 93,120.82 0.00 269,039.57 222,145.76 46,893.81 *E 17,322.25 17,283.35 38.90 335, 530.02 335, 530.02 0.00 2,042,419.80 4,023,780.67 (1,981,360.87) (3) Attached 0.00 550,000.00 (550,000.00) 6,932.25 0.00 6,932.25 38,816.25 0.00 38,816.25 436,270.00 436,270.00 0.00 34,506,877.19 35,257,913.85 (751,036.66) (4) Attached 39,028,485.46 42,248,761.60 (3,220,276.14) 81,210,543.88 83,374,184.47 (2,163,640.59) NOTES: *A The cash increase reflects prior year surplus. *B Prepayment of taxes. *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. *E Previously ADA Fees. •� BALANCE SHEET (1) GL Controls FY16 FY15 Inc /(Decrease) 3,433.87 Konica Minolta Printer /Copier /Scanner Est.Revenue 147,578,927 138,309,377 9,269,550 General Fund Departments Appropriations (67,330,875) (59,188,386) (8,142,488) 400.00 Rose Hill Park Engineering Service Est.Tr.toOtherfds (93,022,727) (86,125,452) (6,897,275) 54,706.90 Encumbrances 404,417 327,794 76,622 5,290.80 Half Marathon Awards 330,000.00 (12,370,258) (6,676,667) (5,693,591) Sheriff General Fund Purchase Orders Outstanding @9/30/15 DEPARTMENT Amount Clerk 3,433.87 Konica Minolta Printer /Copier /Scanner Fire &Rescue 789.28 Dual Band Radio System 108,000.00 12/11/14 Board Action designated $50,000 for final debt payment 49,223.72 Uniforms General Fund Departments 29,752.10 (30) Dell Desktop & (14) Laptop PC's INSPECTIONS 26,632.40 2015 Chevrolet Colorado Truck Parks 400.00 Rose Hill Park Engineering Service FIRE &RESCUE 48,750.00 (2) Chevrolet Silverado Trucks TOTAL 5,100.00 (1,500) Dry Fit Sports Caps for the Half Marathon 54,706.90 17,625.00 (1,500) Long Sleeve T- Shirts for the Half Marathon 491,139.40 25,336.50 Special EventsT- Shirts 2,042,419.80 5,290.80 Half Marathon Awards 330,000.00 18,477.70 Playground Equipment Replacement Parts Refuse Collection 7,545.15 Repair 2006 Ford Pickup Sheriff 8,475.00 (16) Body Armor 12,672.62 (17) Pistols and (7)Rifles 21,717.00 Camera System with (2) Cameras 4,773.65 Uniforms 30,095.52 (12) Tactical Vests & (24) Hard Armor Plates 7,215.00 (6) Raptor Radar Units 81,111.54 2015 Police Interceptor,2016 Ford Explorer, 2015 F160 Total 404,416.85 Designated Other Projects Detail Administration 218,936.34 Designated 1,000.00 (3)Proffer Information 108,000.00 12/11/14 Board Action designated $50,000 for final debt payment Library 101,206.00 on the Huntsberry property. Other 10,000.00 Rt. 50 Rezoning SCHOOLS PARKS FIRE &RESCUE Projects TOTAL Balance (7a 9 /30/15 54,706.90 435,280.16 491,139.40 1,061,293.34 2,042,419.80 Designated Other Projects Detail Administration 218,936.34 Bridges 1,000.00 Historic Preservation 108,000.00 12/11/14 Board Action designated $50,000 for final debt payment Library 101,206.00 on the Huntsberry property. Rt.50 Trans.lmp. 10,000.00 Rt. 50 Rezoning 25,000.00 Rt. 656 & 657 Imp. 25,000.00 RT.277 162, 375.00 Sheriff 41, 776.00 Solid Waste 12,000.00 Stop Lights 26,000.00 BPG Properties /Rt.11 Corridor 330,000.00 Total 1,061,293.34 Other Proffers @9/30/15 (4) Fund Balance Adjusted Ending Balance 9/30/15 40,647,070.52 Revenue 9/15 14,444,657.94 Expenditures 9/15 (15,663,976.88) Transfers 9/15 (4,920,874.39) 9/15 Fund Balance Adjusted 34,506,877.19 •• County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance September 30, 2015 FY16 FY15 YTD REVENUES: 9/30/2015 9/30/2014 Actual Appropriated Actual Actual Variance General Property Taxes 100,608,073.00 4,107,361.52 3,850,742.17 256,619.35 (1) Other local taxes 31,899,849.00 3,485,541.07 3,309,804.07 175,737.00 (2) Permits &Privilege fees 1,663,682.00 635,954.64 463,583.51 172,371.13 (3) Revenue from use of money 4,948,422.68 1,074,141.42 765,727.92 308,413.50 and property 152,466.00 60,118.49 70,331.47 (10,212.98) (4) Charges for Services 2,478,226.00 602,925.65 557,966.12 44,959.53 Miscellaneous 532,980.87 64,015.90 124,908.96 (60,893.06) Recovered Costs 1,317,691.00 833,465.31 882,754.41 (49,289.10) (5) Intergovernmental: 66,164,731.61 15,663,976.88 15,149,496.37 514,480.51 (8) Commonwealth 8,886,959.00 4,641,731.67 4,681,148.69 (39,417.02) (6) Federal 39,000.00 13,543.69 5,968.00 7,575.69 (7) Transfers 0.00 0.00 0.00 TOTAL REVENUES 147,578,926.87 14,444,657.94 13,947,207.40 497,450.54 EXPENDITURES: General Administration 10,018,597.24 2,315,622.94 1,979,488.46 336,134.48 Judicial Administration 2,407,208.85 530,240.51 480,805.30 49,435.21 Public Safety 32,247,522.65 7,968,997.10 7,996,678.88 (27,681.78) Public Works 4,948,422.68 1,074,141.42 765,727.92 308,413.50 Health and Welfare 8,177,956.00 1,876,825.64 1,689,220.00 187,605.64 Education 56,000.00 14,000.00 14,000.00 0.00 Parks, Recreation, Culture 6,312,979.24 1,581,099.22 1,417,049.04 164,050.18 Community Development 1,996,044.95 303,050.05 806,526.77 (503,476.72) TOTAL EXPENDITURES 66,164,731.61 15,663,976.88 15,149,496.37 514,480.51 (8) OTHER FINANCING SOURCES (USES): Operating transfers from / to 94,188,870.20 4,920,874.39 1,732,532.74 3,188,341.65 (9) Excess (deficiency)of revenues &other sources over expenditures & other uses (12,774,674.94) (6,140,193.33) (2,934,821.71) 3,205,371.62 Fund Balance per General Ledger 40,647,070.52 38,172,735.56 2,474,334.96 Fund Balance Adjusted to reflect 34,506,877.19 35,237,913.85 (731,036.66) Income Statement 9/30/15 100 (1)General Property Taxes FY16 FY15 Increase /Decrease Real Estate Taxes 1,443,670 1,368,737 74,933 Personal Property 2,443,694 2,239,959 203,735 Penalties and Interest 128,790 129,237 (448) Credit Card Chgs. /Delinq.Advertising (21,862) (18,554) (3,308) Adm.Fees For Liens &Distress 113,070 131,364 (18,294) Recordation Taxes 4,107,362 3,850,742 256,619 (2) Other Local Taxes Local Sales and Use Tax 1,069,362.57 1,046,724.23 22,638.34 Communications Sales Tax 110,320.76 112,870.43 (2,549.67) Utility Taxes 490,519.48 417,507.81 73,011.67 Business Licenses 516,976.25 514,230.36 2,745.89 Auto Rental Tax 23,484.62 21,871.64 1,612.98 Motor Vehicle Licenses Fees 80,870.31 82,811.90 (1,941.59) Recordation Taxes 394,023.18 322,039.10 71,984.08 Meals Tax 715,564.73 718,109.47 (2,544.74) Lodging Tax 83,727.95 72,583.38 11,144.57 Street Lights 390.36 815.75 (425.39) Star Fort Fees 300.86 240.00 60.86 Total 3,485,541.07 3,309,804.07 175,737.00 (3)Perm its &Privileges Dog Licenses 12,241.00 14,689.00 (2,448.00) Transfer Fees 913.50 739.80 173.70 Development Review Fees 185,322.69 94,353.50 90,969.19 Building Permits 293,773.46 263,472.56 30,300.90 2 %State Fees 10,961.27 11,582.15 (620.88) Electrical Permits 33,335.00 20,395.00 12,940.00 Plumbing Permits 6,099.00 2,565.00 3,534.00 Mechanical Permits 40,776.00 14,017.50 26,758.50 Sign Permits 1,651.72 720.00 931.72 Permits for Commercial Burning - 75.00 (75.00) Explosive Storage Permits - 200.00 (200.00) Blasting Permits 150.00 90.00 60.00 Land Disturbance Permits 50,731.00 40,384.00 10,347.00 Sewage Installation License - 300.00 (300.00) Total 635,954.64 463,583.51 172,371.13 (4) Revenue from use of Money 53,173.55 65,466.62 (12,293.07) Property 6,944.94 4,864.85 2,080.09 Total 60,118.49 70,331.47 (10,212.98) 101 (5) Recovered Costs FY16 FY15 Increase /Decrease Recovered Costs Treas.Office 41,340.00 - 41,340.00 Worker's Comp 350.00 300.00 50.00 Purchasing Card Rebate 162,373.76 98,068.29 64,305.47 Recovered Costs- IT /GIS 313.98 - 313.98 Reimbursement Circuit Court 3,549.62 2,558.14 991.48 Reimb.Public Works /Planning Clean Up 570.00 - 570.00 Clarke County Container Fees 23,332.67 11,684.98 11,647.69 City of Winchester Container Fees 17,709.25 8,110.50 9,598.75 Refuse Disposal Fees 26,416.46 15,506.01 10,910.45 Recycling Revenue 11,768.48 22,563.08 (10,794.60) Fire &Rescue Merchandise(Resale) 1,050.00 - 1,050.00 Container Fees Bowman Library 437.64 430.26 7.38 Litter -Thou /Keep VA Beautiful Grant 500.00 - 500.00 Restitution Victim Witness 4,445.00 5,916.61 (1,471.61) Reimb.of Expenses Gen.District Court 5,850.02 7,767.24 (1,917.22) Reimb.Task Force 16,887.70 16,069.72 817.98 Sign Deposits Planning 50.00 (50.00) 100.00 Reimbursement - Construction Projects - 385,799.69 (385,799.69) Westminster Canterbury Lieu of Tax - 12,225.05 (12,225.05) Comcast PEG Grant 17,879.40 17,741.25 138.15 Proffer -Other 157,500.46 449.50 157,050.96 Fire School Programs 9,340.00 11,275.00 (1,935.00) Proffer Redbud Run 25,816.00 12,908.00 12,908.00 Clerks Reimbursement to County 2,847.04 2,142.43 704.61 Proffer Canter Estates 20,439.85 - 20,439.85 Proffer Village at Harvest Ridge 4,617.00 3,078.00 1,539.00 Proffer Southern Hills 9,820.00 Proffer Snowden Bridge 135,623.40 115,279.89 20,343.51 Proffer Meadows Edge Racey Tract 120,864.00 120,864.00 - Sheriff Reimbursement 1,011.58 7,185.77 (6,174.19) Proffer Westbury Commons 1,000.00 - 1,000.00 Proffer Cedar Meadows Proffer 9,762.00 4,881.00 4,881.00 Total 833,465.31 882,754.41 (49,289.10) "1 Reimbursement for the Round Hill Fire and Rescue Station and Event Center design. "2 Blackburn Commerce Center Rezoning /Transportation Improvement $153,600.46 102 (6) Commonwealth Revenue 9/30/2015 9/30/2014 FY16 FY15 Increase /Decrease Motor Vehicle Carriers Tax 37,721.45 36,948.73 772.72 Mobile Home Titling Tax 29,477.94 21,558.45 7,919.49 Recordation Taxes 81,547.51 90,332.37 (8,784.86) P/P State Reimbursement 2,610,611.35 2,610,611.27 0.08 Shared Expenses Comm.Atty. 76,907.59 65,924.35 10,983.24 Shared Expenses Sheriff 372,030.70 378,874.27 (6,843.57) Shared Expenses Comm.of Rev. 34,677.35 34,412.57 264.78 Shared Expenses Treasurer 25,291.13 25,196.37 94.76 Shared Expenses Clerk 59,821.43 57,074.99 2,746.44 Public Assistance Grants 990,017.63 893,063.10 96,954.53 Litter Control Grants - 15,515.00 (15,515.00) Emergency Services Fire Program 214,535.00 239,007.00 (24,472.00) DMV Grant Funding 5,462.99 12,342.03 (6,879.04) DCJS &Sheriff (State Grants) - 99,064.88 (99,064.88) JJC Grant Juvenile Justice 32,090.00 32,090.00 - Rent /Lease Payments 52,501.61 50,885.27 1,616.34 Wireless 911 Grant 11,211.57 14,033.91 (2,822.34) State Forfeited Asset Funds 7,826.42 4,080.25 3,746.17 F/R OEMS Reimb. - 133.88 (133.88) Total 4,641,731.67 4,681,148.69 (39,417.02) *1 Increase for Special Needs *2 Abbott Grant FY15 $99,064.88 103 *1 *2 County of Frederick General Fund September 30, 2015 (7) Federal Revenue FY16 FY15 Increase /Decrease Federal Forfeited Assets 10,612.69 5,968.00 4,644.69 Emergency Services Grant 2,931.00 - 2,931.00 Total 13,543.69 5,968.00 7,575.69 (8) Expenditures Expenditures increased $514,480.51. General Administration increased $336,134.48 and reflects Fire, Public Officials, and General liability insurance charges that were October entries in the previous year. Additionally, tax refunds increased $191,007.49 year to date. Public Works increased $308,413.50 and includes insurance charges that were October entries in the previous year. Also, the County share of the Courthouse Complex maintenance increased $113,816.00, Engineering purchased a 2015 Chevrolet Colorado truck ($26,632), Refuse a 30 yard recycling can and compactor ($17,475) and Maintenance Administration a 2015 Ford F150 truck ($27,963). The decrease in Community Development reflects the $500,000.00 transfer to the Economic Development Authority for the H.P. Hood incentive. The Transfers increased $3,188,341.65. See chart below: (9) Transfers increased $3,188,341.65 FY16 FY15 Increase /Decrease Transfer to School Operating 581,267.27 109,448.47 471,818.80 Transfer to Debt Service County 1,138,343.73 195,196.63 943,147.10 Transfer to Capital Projects Fund 0.00 1,000,000.00 (1,000,000.00) Transfer to School Construction 3,200,000.00 - 3,200,000.00 Operational Transfers 1,263.39 427,887.64 (426,624.25) Total 4,920,874.39 1,732,532.74 3,188,341.65 *1 Increase in FY15 School Operating Transfer. *2 FY16 payments include the Bowman Library, Roundhill, Public Safety Building, and Animal Shelter. *3 Proffer for Round Hill Fire and Rescue Event Center Site Plan Development. *4 Timing of insurance charge outs. 104 *1 *2 *3 *4 EQUITY Fund Balance Reserved Encumbrances 117,594.45 91,202.02 26,392.43 Undesignated Fund Balance 3.233.393.80 2.108.070.43 1.125.323.37 *2 TOTAL EQUITY 3,350,988.25 2,199,272.45 1,151,715.80 TOTAL LIABILITY &EQUITY 5,609,892.25 4,314,371.45 1,295,520.80 NOTES: *1 Cash increased $1,522,591.04. Refer to the following page for comparative statement of revenue and expenditures and changes in fund balance. *2 Fund balance increased $1,125,323.37. The beginning balance for FY16 was $3,209,470.54 and includes adjusting entries, budget controls FY16($725,046.00), and the year to date revenue less expenditures of $748,969.26. Current Unrecorded Accounts Receivable- Prisoner Billing: Compensation Board Reimbursement 9/15 Total FY2016 35,794.52 443,902.97 479,697.49 105 County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER September 30, 2015 ASSETS FY2016 FY2015 Increase 9/30/15 9/30/14 (Decrease) Cash 6,270,450.14 4,747,859.10 1,522,591.04 *1 Accounts Receivable 0.00 0.00 GL controls(est.rev /est.exp) (660,557.89) (433,487.65) (227,070.24) TOTAL ASSETS 5,609,892.25 4,314,371.45 1,295,520.80 LIABILITIES Accrued Operating Reserve Costs 2,258,904.00 2,115,099.00 143,805.00 TOTAL LIABILITIES 2,258,904.00 2,115,099.00 143,805.00 EQUITY Fund Balance Reserved Encumbrances 117,594.45 91,202.02 26,392.43 Undesignated Fund Balance 3.233.393.80 2.108.070.43 1.125.323.37 *2 TOTAL EQUITY 3,350,988.25 2,199,272.45 1,151,715.80 TOTAL LIABILITY &EQUITY 5,609,892.25 4,314,371.45 1,295,520.80 NOTES: *1 Cash increased $1,522,591.04. Refer to the following page for comparative statement of revenue and expenditures and changes in fund balance. *2 Fund balance increased $1,125,323.37. The beginning balance for FY16 was $3,209,470.54 and includes adjusting entries, budget controls FY16($725,046.00), and the year to date revenue less expenditures of $748,969.26. Current Unrecorded Accounts Receivable- Prisoner Billing: Compensation Board Reimbursement 9/15 Total FY2016 35,794.52 443,902.97 479,697.49 105 County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 9/30/15 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 9/30/15 20,116,966.34 4,719,618.17 4,369,204.74 350,413.43 106 748,969.26 2,484,424.54 3,233,393.80 (120,086.68) 2,228,157.11 2,108,070.43 869,055.94 256,267.43 1,125,323.37 FY2016 FY2015 REVENUES: 9/30/15 9/30/14 YTD Actual Appropriated Actual Actual Variance Credit Card Probation - 32.75 39.88 (7.13) Supervision Fees 41,696.00 8,350.50 10,608.00 (2,257.50) Drug Testing Fees 5,000.00 - 325.00 (325.00) Work Release Fees 355,828.00 61,091.05 54,140.51 6,950.54 Federal Bureau Of Prisons 0.00 165.00 1,110.48 (945.48) Local Contributions 6,495,106.00 3,247,553.00 2,003,330.68 1,244,222.32 Miscellaneous 15,000.00 842.30 1,259.37 (417.07) Phone Commissions 345,000.00 0.00 0.00 0.00 Food &Staff Reimbursement 130,000.00 7,474.85 11,729.61 (4,254.76) EIec.Monitoring Part.Fees 90,000.00 15,121.19 15,829.17 (707.98) Share of Jail Cost Commonwealth 1,097,197.00 0.00 0.00 0.00 Medical &Health Reimb. 68,000.00 13,658.81 12,410.51 1,248.30 Shared Expenses CFW Jail 5,090,140.00 838,473.48 842,843.23 (4,369.75) State Grants 250,263.00 0.00 0.00 0.00 Local Offender Probation 252,286.00 0.00 0.00 0.00 Transfer From General Fund 5,103,298.00 1,275,824.50 1,295,491.62 (19,667.12) TOTAL REVENUES 19,338,814.00 5,468,587.43 4,249,118.06 1,219,469.37 EXPENDITURES: Excess(Deficiency)of revenues over expenditures FUND BALANCE PER GENERAL LEDGER Fund Balance Adjusted To Reflect Income Statement 9/30/15 20,116,966.34 4,719,618.17 4,369,204.74 350,413.43 106 748,969.26 2,484,424.54 3,233,393.80 (120,086.68) 2,228,157.11 2,108,070.43 869,055.94 256,267.43 1,125,323.37 County of Frederick Fund 12 Landfill September 30, 2015 ASSETS Cash Receivables: Fees Accounts Receivable Other Allow.Uncollectible Fees Fixed Assets Accumulated Depreciation GL controls(est.rev /est.exp) TOTAL ASSETS LIABILITIES Accounts Payable Accrued VAC.Pay and Comp TimePay Accrued Remediation Costs Retainage Payable Deferred Revenue Misc.Charges �r;.�r��rr�:�urri� EQUITY Fund Balance Reserved: Encumbrances Land Acquisition New Development Costs Environmental Project Costs Equipment Undesignated Fund Balance TOTAL EQUITY TOTAL LIABILITY AND EQUITY FY2016 FY2015 Increase 9/30/15 9/30/14 (Decrease) 32,365,584.97 30,907,105.37 1,458,479.60 701,546.44 632,349.41 69,197.03 *1 0.00 248.00 (248.00) (84,000.00) (84,000.00) 0.00 44,899,611.07 43,682,208.64 1,217,402.43 (26,818,616.30) (25,115,864.21) (1,702,752.09) (647.529.88) (3.047.323.16) 2.399.793.28 50.416.596.30 46.974.724.05 3.441.872.25 191,362.47 178,911.24 12,451.23 12,233,415.93 11,938,535.78 294,880.15 *2 0.00 9,244.62 (9,244.62) 0.00 248.00 24( 8.00) 12.424.778.40 12.126.939.64 297.838.76 83,940.12 433,066.06 (349,125.94) *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 28.049.435.78 24.556.276.35 3.493.159.43 *4 37.991.817.90 50.416.596.30 34.847.784.41 46.974.724.05 3.144.033.49 3.441.872.25 NOTES: *1 Landfill receivables increased $69,197.03. Landfill fees at 9/15 were $507,954.21 compared to $442,305.19 at 9/14 for an increase of $65,649.02. Delinquent fees at 9/15 were $190,056.09 compared to $186,168.23 at 9/14 for an increase of $3,887.86. *2 Remediation increased $294,880.15 and includes $265,000.00 for post closure and $29,880.15 interest. *3 The encumbrance balance at 9/30/15 was $83,940.12 and includes a 329E compact track loader for $50,552.75 a 2016 Ford F250 with snow plow for $32,042, (1) Dell desktop, and (1) Dell laptop totaling $1,345.37. *4 Fund balance increased $3,493,159.43. The beginning balance was $27,730,771.72 and includes adjusting entries. Budget controls for FY16 were ($75,138.00) and year to date revenue less expenditures of $393,802.06. 107 County of Frederick Comparative Statement of Revenue,Expenditures and Changes in Fund Balance September 30, 2015 FUND 12 LANDFILL FY16 FY15 YTD REVENUES 9/30/15 9/30/14 Actual Appropriated Actual Actual Variance Interest Charge 0.00 680.47 1,167.69 (487.22) Interest on Bank Deposits 60,000.00 5,068.16 4,988.49 79.67 Salvage and Surplus 0.00 27,582.70 45,033.10 (17,450.40) Sanitary Landfill Fees 5,080,500.00 1,380,456.98 1,207,860.63 172,596.35 Charges to County 0.00 104,421.16 88,889.42 15,531.74 Charges to Winchester 0.00 31,715.10 24,699.16 7,015.94 Tire Recycling 120,000.00 19,781.32 50,399.13 (30,617.81) Reg.Recycling Electronics 60,000.00 12,694.00 11,832.00 862.00 Greenhouse Gas Credit Sales 0.00 0.00 0.00 Miscellaneous 60,000.00 0.00 0.00 0.00 Wheel Recycling 120,000.00 0.00 0.00 0.00 Charges for RTOP 0.00 0.00 0.00 0.00 Renewable Energy Credits 116,262.00 33,699.82 34,894.30 (1,194.48) Landfill Gas To Electricity 394,620.00 105,017.73 123,649.53 (18,631.80) Waste Oil Recycling 1,169.82 5,020.41 (3,850.59) State Reimbursement Tire Operation 0.00 0.00 0.00 0.00 TOTAL REVENUES 6,011,382.00 1,722,287.26 1,598,433.86 123,853.40 Operating Expenditures 5,391,520.00 671,866.45 664,207.58 7,658.87 Capital Expenditures 1,351,332.00 656,618.75 958,125.07 (301,506.32) TOTAL Expenditures 6,742,852.00 1,328,485.20 1,622,332.65 (293,847.45) Excess(defiency)of revenue over expenditures 393,802.06 (23,898.79) 417,700.85 Fund Balance Per General Ledger 27,655,633.72 24,580,175.14 3,075,458.58 FUND BALANCE ADJUSTED 28,049,435.78 24,556,276.35 3,493,159.43 `���:j �`r�anJ Nta���aG V ��.�t;�Y 7 �:�V14tVl�,; i�pVP— (M.�t " +- ;���V'JV:k �� d r�;�' 4:�VCk dt.r�i— �'V,.a�' ��,��e� k'W"�4't�:�strol�,t "ru' f���)1t't "tllFl�%i�f SttL;1";1��.��1:t- 1'���.M.tu�' t���IC °.�'C"�,At t: "1..�Sivf�ti8t < "� Memorandum OFFICERS Secretary�Treasnrer To: Sharon Kibler Dennis M. Morris Chairman From: Martha Shickle Date: October 7, 2015 Eric Lawrence vice chairman Re: Follow up material for Finance Committee meeting Nora Belle Comer The Charter stipulates in Article V, Section 2 that "Any governmental subdivision may withdraw from the Secretary�Treasnrer During the September 16, 2015 Finance Committee meeting, discussion occurred regarding the state D. Keith Gnzy, 7r. legislation related to establishment and membership of Planning District Commissions in the Commonwealth CoMMISS1oNERS of Virginia. This memorandum provides additional information regarding applicability of the Code citation cLARKE coUNTY and the Northern Shenandoah Valley Regional Commission and Frederick County as a member jurisdiction. Bev McKay Brandon Stidham* Obligations of Member Governmental Subdivisions that each jurisdiction will contribute funds to the Brandon Davis The Northern Shenandoah Valley Regional Commission (NSVRC) is one of 21 planning district commissions FREDERICK coUNTY Charles S. DeHaven, 7r. established in Code by the Commonwealth of Virginia. Each Commission serves a planning district region, Brenda Garton and is a political subdivision of the Commonwealth chartered under the current Code Section entitled Robert Hess Eric R. Lawrence* Regional Cooperation Acts (VA Code § 15.2- 4200:4222). PAGE COUNTY The Charter stipulates in Article V, Section 2 that "Any governmental subdivision may withdraw from the NoraBene comer* Following establishment of the geographic boundaries of Planning District #7, now known as the Northern D. Keith Gnzy, 7r. Shenandoah Valley Regional Commission, jurisdictions in the region entered into a cooperative agreement, David Wiatrowski then fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the known as a Charter2 subsequently adopted Bylaws which outline governance of the Commission. SHENANDOAH COUNTY Obligations of Member Governmental Subdivisions that each jurisdiction will contribute funds to the Brandon Davis It would appear that by virtue of these two established documents, the localities who are members of the ConradHelsley Dennis M. Morris* Commission are bound by participation in the Commission according to the rules established in each. Dick Neese Therefore, it would appear that it is at the option of the eligible jurisdictions within the established Region 7 WARREN coUNTY The Charter stipulates in Article V, Section 2 that "Any governmental subdivision may withdraw from the Daniell. Mnrray, 7r. Commission b submittin to the Commission in writin , at least 90 da s before the end of the Commission's y g g y Richard H. Traczyk John E. Vance* then fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the Commission's fiscal year has ended." The Bylaws3 adopted by the Commission state in Article X- Financial BERRYVILLE MayorwilsonKirby Obligations of Member Governmental Subdivisions that each jurisdiction will contribute funds to the FRONT ROYAL Commission at the same per capita rate as every other member. Daryl L. Funk 7eremy F. Camp Therefore, it would appear that it is at the option of the eligible jurisdictions within the established Region 7 LURAY boundaries to serve as a member of the Commission. Terry Schiro MIDDoiy A`hf Please advise if additional information or background research would be helpful to address the Committee's future concerns or questions. STRASBURG Robert Baker We will also continue to develop materials that can better quantify the return of valued service to Frederick STEPHENS CITY LindenFravel County for the financial contribution provided each fiscal year. I hope to provide that additional information in conjunction with the FY 2017 funding request due for submission later this calendar year. WINCHESTER Evan H. Clark Bill Wiley Tim °thy A. Yo °mans* � Original citation authorized under the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400 - wooDSrocK Code of Virginia, 1950) 7acgneline Lambert* 2 Originally adopted on May 10, 1970 with subsequent amendments approved on June 9, 1983; May 17, 2001; and *denotes Executive August 15, 2008. commiueeMember s Originally adopted on March 4, 1971 and amended subsequently on October 8, 1981; June 9, 1983; March 15, 1990; June 20, 1991; June 16, 1994; May 17, 2001; April 21, 2011; January 19, 2012; and April 16, 2015. 109 BYLAWS of the NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION (Planning District #7) Adopted March 4, 1971 Amended: October 8, 1981 Amended: June 9, 1983 Amended: March 15, 1990 Amended: June 20, 1991 Amended: June 16, 1994 Amended: May 17, 2001 Amended: Apri121, 2011 Amended: January 19, 2012 Amended: April 16, 2015 110 INDEX Article I Name 1 Article II Definitions 1 Article III Purposes, Powers and Duties 1 Article N Membership and Voting 1 Article V Officers and Their Duties 2 Article VI Election of Officers and Executive Committee 2 -3 Article VII Meetings 3 Article VIII Committees 3 Article IX Administration 4 Article X Financial Obligations of Member Governmental Subdivisions 4 Article XI Amendment of Bylaws 4 Article XII Parliamentary Procedure 5 Article XIII Effective Date 5 111 BYLAWS of the NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION ARTICLE I -Name The name of this organization shall be the Northern Shenandoah Valley Regional Commission, hereinafter referred to as the "COMMISSION." ARTICLE II — Definitions Terms used in these Bylaws shall be defined as follows: a) "Planning District" means all that area lying within the geographic boundaries of Planning District 7 as delineated by the State of Virginia, to -wit: Clarke, Frederick, Page, Shenandoah, Warren Counties, the City of Winchester and all the Towns contained therein. b) "Year" unless otherwise noted, means the COMMISSION'S fiscal year which shall begin on July 1 and end on the following June 30. c) "Agreement" means the charter agreement dated January 1, 1970, (effective March 15, 1970) and between the governmental subdivisions that established the COMMISSION. ARTICLE III - Purposes, Powers and Duties Section 1 -The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social and economic resources of the Planning District by planning, and encouraging and assisting governmental subdivisions to plan for the future. Section 2 -The COMMISSION shall have all the rights, powers and duties, and be subject to the limitation and restrictions, set forth in the Agreement and in Article 2 of Chapter 34, of Title 15.1 of the Code of Virginia and any Act amendatory thereof. ARTICLE IV - Membership and Voting Section 1 - Members of the COMMISSION shall be appointed by the participating jurisdictions in the manner and for terms as provided by the Agreement. Section 2 -Each member of the COMMISSION shall be entitled to one vote on all matters before the COMMISSION, but may exercise his vote only in person and during any official meeting of the COMMISSION. However, no vote by any member of the COMMISSION shall be construed as an official or unofficial commitment of the agency or jurisdiction represented by the member unless so authorized by said agency or jurisdiction. Section 3 -All actions of the COMMISSION, unless otherwise noted in the Agreement or in these bylaws, shall be taken by a majority vote of the members present and voting. 1121 ARTICLE V - Officers and Their Duties Section 1 -The officers of the COMMISSION shall consist of aChairman, aVice- Chairman, and a Secretary /Treasurer. Section 2 -The Chairman shall preside at all meetings of the COMMISSION when present, and shall vote as any other member. The Chairman shall be responsible for the implementation of policies established and actions taken by the COMMISSION. The Chairman may call special meetings of the COMMISSION as required, shall in general act as its spokesman and shall perform such other duties as the COMMISSION may direct. Section 3 -The Vice - Chairman shall be vested with authority to perform, in the absence of the Chairman, all the duties and exercise all the powers of the Chairman and shall perform such other duties as the COMMISSION may direct. Section 4 -The Secretary /Treasurer shall keep a record of all resolutions, proceedings and actions of the COMMISSION and give notice of all meeting and perform such other duties as the COMMISSION may direct. The Secretary /Treasurer may, with the permission of the COMMISSION, delegate certain of his duties and responsibilities of the COMMISSION staff. Specifically, the COMMISSION staff shall be responsible for the notice of meetings, the maintenance of all records, notes, and proceedings, and the distribution of copies of the minutes to all members. The Secretary /Treasurer is the COMMISSION'S custodian of funds and disbursing officer. As custodian, the Secretary /Treasurer is responsible for keeping an accurate record of all sources of moneys. As disbursing officer, the Secretary /Treasurer is responsible for the payment of all bills or of all warrants on requisition when payment is authorized. The Secretary /Treasurer is responsible for keeping a record of money paid out and of receipts or vouchers to cover each expenditure. The Secretary /Treasurer shall make a brief financial report at each regular meeting of the COMMISSION and an audit and an annual report as soon as possible after the end of the COMMISSION'S fiscal year. The Chairman shall appoint an Assistant Secretary /Treasurer who shall be authorized to perform in the absence of the Secretary /Treasurer. All checks drawn on the account of the COMMISSION shall be signed by the Secretary /Treasurer or Assistant Secretary /Treasurer and countersigned by the Executive Director or the Chairman. The Secretary /Treasurer may, with the permission of the COMMISSION, delegate certain of his duties and responsibilities to the COMMISSION staff. Specifically, the Commission staff shall be responsible for receiving and processing all bills, preparing checks for signatures, preparing monthly financial reports, and preparing the annual audit and annual report. ARTICLE VI - Election of Officers and Executive Committee Section 1 - Except for the original officers elected by the COMMISSION, officers shall be elected annually at the COMMISSION'S spring meeting for terms of one year and shall be eligible for re- election. Section 2 -The Chairman shall, at a regular meeting prior to the Spring meeting, appoint a Nominating Committee consisting of not less than three nor more than five members, at least three of whom must be from separate member jurisdictions. The Nominating Committee shall, at the spring meeting, submit the name of one person for each office to be filled, with each officer to be from a different jurisdiction. In addition, the Nominating Committee will submit names of four (4) additional members to serve on the Executive Committee, along with the three officers, ensuring that the Executive Committee will have one representative from the City, one representative from each County, and one representative from a Town. If the name of a Town representative is not submitted as an officer, the member Towns may make a recommendation to the Nominating Committee for the Town representative on the Executive Committee. 1132 Further nominations may be made by any Commissioner. Section 3 - A vacancy which occurs in any of the COMMISSION'S offices may be filled by a special election held at a regular meeting. Anew officer, so elected, shall complete the unexpired term of the officer he succeeded. ARTICLE VII — Meetings Section 1 - Regular meetings shall be held on the third Thursday of each month at a place to be determined by the COMMISSION. The COMMISSION may change the date, time and place of a regular meeting at any prior meeting. Section 2 - Special meetings may be called by the Chairman at his discretion or must be called by the Chairman upon petition on one -third of the COMMISSION members. At least forty -eight (48) hours' notice must be given to all members of the COMMISSION in writing or by telephone stating the time, place, and purpose of the special meeting. A special meeting may beheld without notice provided all members of the COMMISSION are present. Section 3 -One -third of the appointed COMMISSION members shall constitute a quorum. Section 4 -The meetings of the COMMISSION shall be open to the public; however, the COMMISSION may hold executive meetings in accordance with the standards of the Virginia Freedom of Information Act. ARTICLE VIII — Committees Section 1 -The COMMISSION may establish such standing committees as it deems desirable and the Chairman shall appoint their members. Section 2 - An Executive Committee shall be established of the officers of the COMMISSION and four (4) At -Large members. The Executive Committee in whole shall include representatives from each of the member Counties, the City and a Town. The Executive Committee in whole shall include representatives from each of the member Counties, the City and a Town. The Executive Committee shall have such powers and duties as the COMMISSION shall determine. Section 3 -The Chairman may from time to time establish such special committees as he deems desirable for the effective promulgation of the COMMISSION affairs and shall appoint the members thereto. Section 4 -Half of the members of any committee shall constitute a quorum. Members may designate voting alternates except that Executive Committee Alternates shall be members of the COMMISSION from the same jurisdiction. Section 5 -The Chairman of the COMMISSION shall be an ex- officio member of all committees but without vote except for standing committees to which he has been named as a regular member. 1143 ARTICLE IX — Administration Section 1 -The COMMISSION shall employ a staff of qualified professional and other persons, pay to them such compensation as it shall deem necessary and advisable to carry out its duties and implement its projects, programs and other functions. Section 2 -The chief executive officer of the staff shall be the Executive Director who shall have direct supervision of all other employees of the COMMISSION and direct control, subject to the authority of the COMMISSION, of the management of the affairs of the COMMISSION. The Executive Director shall serve at the pleasure of the majority of the COMMISSION members. ARTICLE X - Financial Obligations of Member Governmental Subdivisions Section 1 -Each member governmental subdivision shall contribute funds to the COMMISSION at the same per capita rate as every other member governmental subdivision. The member governmental subdivision share for technical and planning assistance shall be based on the local per capita share as determined by the COMMISSION on an annual basis. Section 2 -The per capita contribution of each governmental subdivision is due on July 1 of the current fiscal year and shall be paid by each governmental subdivision prior to July 31 of the same year. Failure to comply with this section shall cause forfeiture of Voting Rights enumerated in Section 1, Article III of Charter Agreement, until said contribution is paid in full. Section 3 -The per capita contribution to the COMMISSION shall be determined at the time of the adoption of the annual budget. The per capita rate may be adjusted annually to provide for expenditure requirements. Section 4 - An additional assessment may be made upon a governmental subdivision for additional services which are requested by said governmental subdivision and which are not included in the Work Program adopted by the COMMISSION. Such assessment shall be agreed upon by and between the COMMISSION and the appropriate governmental subdivision. Section 5 -The COMMISSION may receive contributions from the Commonwealth of Virginia in accordance with Section 15.1 -1412, Article 2, Title 15.1, Chapter 34, Code of Virginia, 1950, as amended. Section 6 -The COMMISSION may make application for and accept loans and grants of money or materials or property at any time from any private or charitable source, or the United States of America, or the Commonwealth of Virginia, or any other agency or instrumentality thereof. ARTICLE XI - Amendment of Bylaws Any proposed amendment to these Bylaws shall be presented in writing to the members of the COMMISSION at a regular COMMISSION meeting. Athree- fourths vote of the members present is required for approval at the next regularly scheduled meeting. 1154 ARTICLE XII - Parliamentary Procedure In all matters of parliamentary procedure not specifically covered by these Bylaws and the charter Agreement, Robert's Rules of Order shall govern. ARTICLE XIII - Effective Date These Bylaws shall become effective immediately upon adoption by the COMMISSION. 1165 CHARTER AGREEMENT OF THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION Adopted: May 10, 1970 Amended: June 9, 1983 Amended: May 17, 2001 Amended: August 15, 2008 117 CHARTER AGREEMENT OF THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION This Charter Agreement to organize a Planning District Commission made this lOm day of May 1970, by and between the undersigned governmental sub - divisions as authorized by the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1 -1400, et seq., Code of Virginia (1950), as amended): NOW THEREFORE it is agreed that: ARTICLE I Name, Location, Authority, Purpose Section 1. The name of this organization shall be the Northern Shenandoah Valley Regional Commission, hereinafter called the "COMMISSION." Section 2. The principal office of the COMMISSION shall be in Front Royal, Virginia. The location of the principal office may be changed by the concurrence of 3 /4ths of the COMMISSION members present at a regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting. Section 3. The COMMISSION shall be a public body corporate and politic with all powers and duties granted to it by the Virginia Area Development Act. Section 4. The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social, and economic elements of the Planning District by planning and encouraging and assisting governmental subdivisions to plan for the future. ARTICLE II Membership Section 1. COMMISSION members shall be appointed by the respective governing bodies of those political subdivisions which are parties of the Charter Agreement provided, however, that at least a majority, but not substantially more than a majority, of the COMMISSION' S members shall be elected officials of the governing bodies of the governmental subdivisions within the Planning District with each participating county, city, and town having at least one representative, and the other members being qualified voters and residents of the District, who hold no office elected by the people. Section 2. Governmental subdivisions which are parties to this Charter Agreements shall appoint members to the COMMISSION on the following basis: Number and Type of Representative Population Elected Representative Non - Elected Representative 1 — 6,999 1 0 7,000 — 19,999 1 1 20,000 — 39,999 2 1 40,000 — 59,999 2 2 For each 20,000 increment of population in excess of 60,000, a member governmental subdivision shall appoint one additional representative, alternating its appointments between elected and non - elected representatives, to assure that a majority of the COMMISSION'S representatives shall be elected officials. 2 118 Section 3. Vacancies on the COMMISSION shall be filled for the unexpired term in the same manner as the originial appointment was made or according to the practices of the appointing governing body. Section 4. Any member of the COMMISSION shall be eligible for reappointment but maybe removed for cause by the governing body which appointed him. Section 5. Each member jurisdiction shall appoint an alternate voting representative to serve in the absence of that jurisdiction's duly appointed voting representative. This alternate maybe an elected or non - elected representative. ARTICLE III Terms of Office and Voting Rights Section 1. The terms of office of COMMISSION members who are also members of governing bodies shall be coincident with their elected terms of office or such term as their governing bodies shall determine according to their practices. The terms of office of the citizen members shall be three years or such term as their governing bodies shall determine according to their practices. Section 2. East member of the COMMISSION shall have one equal vote in all matters before the COMMISSION. ARTICLE IV Officers Section 1. Officers of the COMMISSION shall consist of a Chairman and aVice- Chairman who shall be elected by the membership of the COMMISSION. The COMMISSION may elect other officers as it deems necessary. Section 2. The Chairman and Vice - Chairman shall be elected for terms of one year or until their successors are elected. Section 3. COMMISSION officers shall be eligible for reelection. Section 4. The COMMISSION shall appoint an Executive Director who shall be an employee of the COMMISSION and shall serve at the pleasure of a majority of the membership. ARTTC'.T,F V Addition or Withdrawal of Members Section 1. Any governmental subdivision within Planning District Number 7 which is not a party to this Charter Agreement at the effective date thereof may thereafter j oin the COMMISSION, provided that such governmental subdivision is eligible for membership and that it adopts and executes this Agreement. Section 2. Any governmental subdivision may withdraw from the COMMISSION by submitting to the COMMISSION in writing, at least 90 days before the end of the COMMISSION' S then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the COMMISSION'S fiscal year has ended. 119 ARTICLE VI Appointments of an Executive Committee and Adoption of By -Laws Section 1. The COMMISSION may designate an Executive Committee and delegate to it such powers as the COMMISSION may determine, provided that these powers are not inconsistent with provision of the Virginia Area Development Act. Section 2. The COMMISSION may adopt By -Laws and such other rules as it deems necessary to govern its operations. ARTICLE VII Meetings Section 1. The COMMISSION shall hold regular meetings on a schedule which will be determined by the membership. Section 2. Meetings of the COMMISSION shall be open to the public, however, the COMMISSION may hold executive meetings. ARTICLE VIII Amendments Section 1. This Charter Agreement may be amended, supplemented, or superseded only by concurring resolutions from a majority of the member governmental subdivisions. All proposed amendments shall be submitted to the COMMISSION for its review and comment to the member governmental subdivisions. ARTICLE IX Date of Organization Section 1. The organization of the Northern Shenandoah Valley Regional Commission shall be effective on lOm day of May, 1970 or at such time after this date when the Charter Agreement has been adopted and signed by that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed that Charter Agreement embraces the majority of the population within Planning District Number 7. 4 120 Page 1 of 8 Code of Virginia § 15.2 -4200. Short title. This chapter shall be known and may be cited as the "Regional Cooperation Act." (1968, c. 224, § 15.1 -1400; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4201. Purpose of chapter. This chapter is enacted: 1. To improve public health, safety, convenience and welfare, and to provide for the social, economic and physical development of communities and metropolitan areas of the Commonwealth on a sound and orderly basis, within a governmental framework and economic environment which will foster constructive growth and efficient administration. 2. To provide a means of coherent articulation of community needs, problems, and potential for service. 3. To foster planning for such development by encouraging the creation of effective regional planning agencies and providing the financial and professional assistance of the Commonwealth. 4. To provide a forum for state and local government on issues of a regional nature. 5. To encourage regional cooperation and coordination with the goals of improved services to citizens and increased cost - effectiveness of governmental activities. 6. To deter the fragmentation of governmental units and services. (1968, c. 224, § 15.1 -1401; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4202. Definitions. For the purposes of this chapter: "Commission" means a planning district commission. Planning district commissions are composed of the duly appointed representatives of the localities which are parties to the charter agreement. "Planning district" means a contiguous area within the boundaries established by the Department of Housing and Community Development. "Population," unless a different census is clearly set forth, means the number of inhabitants according to the United States census latest preceding the time at which any provision dependent upon population is being applied, or the time as of which it is being construed, unless there is available an annual estimate of population prepared by the Weldon Cooper Center for Public Service of the University of Virginia, which has been filed with the Department of Housing and Community Development, in which event the estimate shall govern. (1968, c. 224, § 15.1 -1402; 1976, c. 760; 1986, c. 164; 1990, c. 722; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4203. Organization of planning district commission. A. At any time after the establishment of the geographic boundaries of a planning district, the localities embracing at least 45 percent of the population within the district acting by their governing bodies may organize a planning district commission by written agreement. Any locality not a party to such charter agreement shall continue as a part of the planning district but, until such time as such locality elects to become a part of the planning district commission as hereinafter provided, shall not be represented in the composition of the membership of the planning district commission. Whenever a planning district is created which contains only two counties, the governing body of either county may organize a planning district commission in accordance with the provisions of this chapter if the governing body of the other county does not agree to organize such a planning district commission. 121 s�16�201 l Page 2 of 8 B. The charter agreement shall set forth 1. The name of the planning district. An entity organized as a planning district commission under this act may employ the name "regional council" or "regional commission" as a substitute for the name "planning district commission." 2. The locality in which its principal office shall be situated. 3. The effective date of the organization of the planning district commission. 4. The composition of the membership of the planning district commission. At least a majority of its members shall be elected officials of the governing bodies of the localities within the district, or members of the General Assembly, with each county, city and town of more than 3,500 population having at least one representative. In any planning district other than planning district number 23, a town of 3,500 or less population may petition the planning district commission to be represented thereon. The planning district commission may, in its discretion, grant representation to such town by a majority vote of the members of the commission. Other members shall be qualified voters and residents of the district. In planning districts number 4 and 14, the membership may also include representatives of higher education institutions. Should the charter agreement, as adopted, so provide, an alternate may serve in lieu of one of the elected officials of each of the governing bodies of the participating localities. 5. The term of office of the members, their method of selection or removal and the method for the selection and the term of office of a chairman. 6. The voting rights of members. Such voting rights need not be equal and may be weighed on the basis of the population of the locality represented by the member, the aggregation of the voting rights of members representing one locality, or otherwise. 7. The procedure for amendment, for addition of other localities within the planning district which are not parties to the original charter agreement, and the withdrawal from the charter agreement by localities within the planning district electing to do so. C. The governing body of any locality which is a member of the planning district commission may provide for compensation to be paid by it for its commission members, except for any full -time salaried employees of the locality. The amount of such compensation shall not exceed the amount fixed by the planning district commission. (1968, c. 224, § 15.1 -1403; 1970, cc. 303, 703; 1972, c. 595; 1973, c. 176; 1982, c. 660; 1989, c. 49; 1993, c. 838; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686; 2000, c. 984; 2005, c. 819.) § 15.2 -4204. Disposition of earnings and assets of planning district commissions. No part of the net earnings of any planning district commission organized under the provisions of this chapter shall inure to the benefit of, or be distributable to, any of its members, officers or other private persons, other than to its member localities as provided in this chapter. However, the commission may pay reasonable compensation for services rendered and make payments and distributions in furtherance of the purposes of a planning district commission as set forth in this chapter and in its charter and bylaws. Upon the dissolution or termination of any planning district commission, it shall, after paying or making provisions for the payment of its liabilities, distribute its assets to its member localities, pro rata, based upon the formula used to determine local government dues to the commission. (1989, c. 178, § 15.1- 1403.1; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4205. Powers of commission generally. A. Upon organization of a planning district commission, pursuant to charter agreement, it shall be a public body corporate and politic, the purposes of which shall be to perform the planning and other functions provided by this chapter, and it shall have the power to perform such functions and all other powers incidental thereto. B. Without in any manner limiting or restricting the general powers conferred by this chapter, the planning district commission may: 1. Adopt and have a common seal and to alter the same at pleasure. 122 s�16�201 l Page 3 of 8 2. Sue and be sued 3. Adopt bylaws and make rules and regulations for the conduct of its business; however, a planning district commission shall not amend its budget once adopted during the applicable fiscal year except pursuant to an affirmative vote of the same number of the entire membership of the planning district commission required to adopt the budget. 4. Make and enter into all contracts or agreements, as it may determine, which are necessary or incidental to the performance of its duties and to the execution of the powers granted under this chapter. 5. Apply for and accept, disburse and administer, for itself or for member localities so requesting, loans and grants of money or materials or property at any time from any private or charitable source or the United States of America or the Commonwealth, or any agency or instrumentality thereof. 6. Exercise any power usually possessed by private corporations, including the right to expend such funds as may be considered by it to be advisable or necessary in the performance of its duties and functions. 7. Employ engineers, attorneys, planners, such other professional experts and consultants and such general and clerical employees as may be deemed necessary, and prescribe their powers and duties and fix their compensation. 8. Do and perform any acts and things authorized by this chapter through or by means of its own officers, agents and employees, or by contracts with any persons. 9. Execute instruments and do and perform acts or things necessary, convenient or desirable for its purposes or to carry out the powers expressly given in this chapter. 10. Create an executive committee which may exercise the powers and authority of the planning district commission under this chapter. The chairman of the planning district commission shall serve as a member and as the chairman of the executive committee. The composition of the remaining membership of the executive committee, the term of office of its members and any alternate members, their method of selection or removal, the voting rights of members, procedures for the conduct of its meetings, and any limitations upon the general authority of the executive committee shall be established by the bylaws of the planning district commission. Any planning district commission may establish such other special and standing committees, advisory, technical, or otherwise, as it deems desirable for the transaction of its affairs. (1968, c. 224, § 15.1 -1404; 1975, c. 83; 1986, c. 164; 1990, c. 722; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4206. Additional powers of planning district commissions. Planning district commissions may, in addition to and not in limitation of all other powers granted by this chapter: 1. Acquire, lease, sell, exchange, donate and convey its projects, property or facilities in furtherance of the purposes of planning district commissions as set forth in this chapter; 2. Issue its bonds, notes or other evidences of indebtedness, whether payable solely out of the revenues and receipts derived or to be derived from the leasing, sale or other disposition or use of such projects, property or facilities or otherwise, for the purpose of carrying out any of its powers or purposes set forth in this chapter; and 3. As security for the payment of the principal of and premium, if any, and interest on any such bonds, notes or other evidences of indebtedness, mortgage and pledge its projects, property or facilities or any part or parts thereof and pledge the revenues therefrom or from any part thereof. (1989, c. 178, § 15.1- 1404.1; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4207. Purposes of commission. A. It is the purpose of the planning district commission to encourage and facilitate local government cooperation and state -local cooperation in addressing on a regional basis problems of greater than local significance. The cooperation resulting from this chapter is 123 s�16�201 l Page 4 of 8 intended to facilitate the recognition and analysis of regional opportunities and take account of regional influences in planning and implementing public policies and services. Functional areas warranting regional cooperation may include, but shall not be limited to: (i) economic and physical infrastructure development; (ii) solid waste, water supply and other environmental management; (iii) transportation; (iv) criminal justice; (v) emergency management; (vi) human services; and (vii) recreation. Types of regional cooperative arrangements that commissions may pursue include but are not limited to (i) the facilitation of revenue sharing agreements; (ii) joint service delivery approaches; (iii) joint government purchasing of goods and services; (iv) regional data bases; and (v) regional plans. B. The planning district commission shall also promote the orderly and efficient development of the physical, social and economic elements of the district by planning, and encouraging and assisting localities to plan, for the future. If requested by a member locality or group of member localities and to the extent the commission may elect to act, the commission may assist the localities by carrying out plans and programs for the improvement and utilization of their physical, social and economic elements. The commission shall not, however, have a legal obligation to perform the functions necessary to implement the plans and policies established by it or to furnish governmental services to the district. Additionally, Planning District Commissions 1, 2, and 13 shall be designated as economic development organizations within the Commonwealth. C. The authority of the commission includes the power, to the extent the commission may from time to time determine, when requested to do so by a member locality or group of member localities, (i) to participate in the creation or organization of nonprofit corporations to perform functions or operate programs in furtherance of the purposes of this chapter; (ii) to perform such functions and to operate such programs itself; (iii) to contract with nonprofit entities, including localities, performing such functions or operating such programs to provide administrative, management, and staff support, accommodations in its offices, and financial assistance; and (iv) to provide financial assistance, including matching funds, to interdistrict entities which perform governmental or quasi - governmental functions directly benefiting the commission's district and which are organized under authority of the Commonwealth or of the federal government. D. Nothing herein shall be construed to permit the commission to perform functions, operate programs, or provide services within and for a locality if the governing body of that jurisdiction opposes its doing so. (1968, c. 224, § 15.1 -1405; 1972, c. 814; 1975, c. 381; 1984, c. 739; 1986, c. 164; 1991, c. 208; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686; 2009, c. 863.) § 15.2 -4208. General duties of planning district commissions. Planning district commissions shall have the following duties and authority: 1. To conduct studies on issues and problems of regional significance; 2. To identify and study potential opportunities for state and local cost savings and staffing efficiencies through coordinated governmental efforts; 3. To identify mechanisms for the coordination of state and local interests on a regional basis; 4. To implement services upon request of member localities; 5. To provide technical assistance to state government and member localities; 6. To serve as a liaison between localities and state agencies as requested; 7. To review local government aid applications as required by § 15.2 -4213 and other state or federal law or regulation; 8. To conduct strategic planning for the region as required by §§ 15.2 -4209 through 15.2 -4212; 9. To develop regional functional area plans as deemed necessary by the commission or as requested by member localities; 10. To assist state agencies, as requested, in the development of substate plans; 124 s�16�201 l Page 5 of 8 11. To participate in a statewide geographic information system, the Virginia Geographic Information Network, as directed by the Department of Planning and Budget; and 12. To collect and maintain demographic, economic and other data concerning the region and member localities, and act as a state data center affiliate in cooperation with the Virginia Employment Commission. (1995, cc. 732, 796, § 15.1- 1405.1; 1997, c. 587; 1998, cc. 668, 686.) § 15.2 -4209. Preparation and adoption of regional strategic plan. A. Except in planning districts in which regional planning is conducted by multi -state councils of government, each planning district commission shall prepare a regional strategic plan for the guidance of the district. The plan shall concern those elements which are of importance in more than one of the localities within the district, as distinguished from matters of only local importance. The plan shall include regional goals and objectives, strategies to meet those goals and objectives and mechanisms for measuring progress toward the goals and objectives. The strategic plan shall include those subjects necessary to promote the orderly and efficient development of the physical, social and economic elements of the district such as transportation, housing, economic development and environmental management. The plan may be divided into parts or sections as the planning district commission deems desirable. In developing the regional strategic plan, the planning district commission shall seek input from a wide range of organizations in the region, including local governing bodies, the business community and citizen organizations B. Before the strategic plan is adopted, it shall be submitted to the Department of Housing and Community Development and to the governing body of each locality within the district for a period of not less than thirty days prior to a hearing to be held by the planning district commission thereon, after notice as provided in § 15.2 -2204. Each such local governing body shall make recommendations to the planning district commission on or before the date of the hearing with respect to the effect of the plan within its locality. The Department of Housing and Community Development shall notify the planning district commission prior to the hearing as to whether the proposed strategic plan conflicts with plans of adjacent planning districts. C. Upon approval of the strategic plan by a planning district commission after a public hearing, it shall be submitted to the governing body of each locality (excluding towns of less than 3,500 population unless members of the commission) within the district for review and possible adoption. The plan shall become effective with respect to all action of a planning district commission upon approval by the planning district commission. The plan shall not become effective with respect to the action of the governing body of any locality within the district until adopted by the governing body of such locality. D. The adopted strategic plan shall be submitted within thirty days of adoption to the Department of Housing and Community Development for information and coordination purposes. (1968, c. 224, § 15.1 -1406; 1976, c. 760; 1981, c. 315; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686.) § 15.2 -4210. Commission to act only in conformity with regional strategic plan. When the strategic plan becomes effective as the district plan, the planning district commission shall not, except as provided in the plan, establish any policies or take any action which, in its opinion, is not in conformity with the plan. (1968, c. 224, § 15.1 -1407; 1995, cc. 732, 796; 1997, c. 587; 1998, cc. 668, 686.) § 15.2 -4211. Amendment of regional strategic plan. The strategic plan may be amended in the same manner as provided for the original approval and adoption of the plan. However, if the planning district commission determines that a proposed amendment has less than districtwide significance, such amendment may be submitted only to the governing bodies of those localities which the planning district commission determines to be affected. The amended strategic plan shall be submitted within thirty days of amendment to the Department of Housing and Community Development. (1968, c. 224, § 15.1 -1408; 1995, cc. 732, 796; 1997, c. 587.) 125 s�16�201 l Page 6 of 8 § 15.2 -4212. Review of regional strategic plan by commission At least once every five years the regional strategic plan shall be revised and formally approved by the planning district commission. The revised plan shall not become effective with respect to the action of the governing body of any locality within the district until adopted by the governing body of such locality. (1968, c. 224, § 15.1 -1409; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4213. Commission to be informed of applications for state or federal aid by local governing bodies. In each planning district in which a planning district commission has been organized, the governing body of each locality shall make available to the planning district commission a summary of applications to agencies of the state or federal government for loans or grants -in -aid for local projects. Submission of the summary of applications is for informational purposes only, unless otherwise directed by state or federal regulations or laws. (1968, c. 224, § 15.1 -1410; 1972, c. 599; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4214. Cooperation and consultation with other agencies. A planning district commission may cooperate with other planning district commissions, councils of governments, or the legislative and administrative bodies and officials of other districts or localities within or outside a district, so as to coordinate the planning, development and services of a district with the plans and services of other districts and localities and the Commonwealth. A planning district commission may appoint committees and adopt rules to effect such cooperation. A planning district commission shall also cooperate with the Department of Housing and Community Development and use advice and information furnished by such Department and by other state and federal officials, departments and agencies. Such Department and such officials, departments and agencies having information, maps and data pertinent to the planning and development of a district may make the material, together with services and funds, available for use of a planning district commission. All agencies of the Commonwealth shall notify the Department of Housing and Community Development prior to engaging in planning activities which will require planning district commission participation. State agencies are encouraged to consult with planning district commissions in the development of regional plans and services and for data collection. (1968, c. 224, § 15.1 -1411; 1976, cc. 488, 760; 1977, c. 613; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4215. Annual report required. Each planning district commission shall submit an annual report by September 1 to its member local governments and the Department of Housing and Community Development in accordance with a format prescribed by the Department. The annual report shall contain at a minimum a description of the activities conducted by the planning district commission during the preceding fiscal year, including how the commission met the provisions of this chapter, and information showing the sources and amounts of funding provided to the commission. The Department of Housing and Community Development shall summarize the annual reports in a report to be distributed in accordance with § 36- 139.6. (1995, cc. 732, 796, § 15.1- 1411.1; 1997, c. 587.) § 15.2 -4216. State aid. A. Upon the organization of a planning district commission, it shall be entitled to receive state financial support to assist it in carrying out its purposes. Such state aid shall be in an amount as provided in the general appropriations act. In order to be allocated such state aid, each planning district commission shall prepare and submit an annual report, as required in § 15.2 -4215, which details its compliance with the provisions of this chapter, and an annual work program of activities proposed for the next fiscal year. The fiscal year of the planning district commission shall end June 30. B. If two planning districts are merged pursuant to § 15.2 -4221, the new district shall be entitled to receive the combined amount of aid to which the two districts it replaced separately would have been entitled for five years from the effective date of the merger. 126 s�16�201 l Page 7 of 8 (1968, c. 224, § 15.1 -1412; 1977, c. 613; 1985, c. 127; 1990, c. 722; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4217. Regional Cooperation Incentive Fund created; administration thereof. A. There is hereby created a Regional Cooperation Incentive Fund for the purpose of encouraging inter -local strategic and functional area planning and other regional cooperative activities. The Fund shall be administered by the Department of Housing and Community Development. Fund availability is subject to the Appropriation Act. B. From time to time the General Assembly and the Governor may designate specific functional areas or activities which are to be given highest priority for funding, including but not limited to economic development, criminal justice, solid waste management, water supply, emergency management and transportation. C. Disbursements from the Regional Cooperation Incentive Fund shall be made on a matching grant basis to planning district commissions. The Department of Housing and Community Development shall promulgate regulations for the administration of the funds, including application forms, eligibility requirements and terms and duration of grants. In establishing regulations, the following criteria shall be met: 1. The planning district commission or member localities must provide, at a minimum, a twenty -five percent match to the grant; and 2. Any project for which a grant is sought shall use private initiative and enterprise insofar as feasible, and emphasize coordination of available governmental and private financial and technical resources. D. The Department of Housing and Community Development shall require periodic reports from grant recipients concerning progress of the project and the use of funds. (1995, cc. 732, 796, § 15.1- 1412.1; 1997, c. 587.) § 15.2- 4217.1. Specialized Transportation Incentive Fund. The Specialized Transportation Incentive Fund (the "Fund ") is established and shall be used to assist participating planning districts in the development of coordinated specialized transportation plans and projects. In order to be eligible to receive monies from the Fund, a planning district commission or single locality shall establish, in consultation with its metropolitan planning organization if one exists, an advisory transportation coordination committee and shall submit to the Disability Commission a plan for cost - effective coordination of specialized transportation services in the planning district or in localities within the planning district. Single localities may appoint an advisory transportation coordinating committee independent of the planning district commission and receive specialized transportation incentive funds if the locality is located in a regional planning district in which all other localities are recipients of the federal funds and subject to the provisions of Title II of the Americans with Disabilities Act, Public Law 101 -336 (42 U.S.C. § 12131 et seq.). The advisory transportation coordination committee shall guide planning for the coordination and administration of specialized transportation with human service agencies, participating public transportation systems and, where appropriate, with private for - profit and nonprofit transportation providers. Advisory transportation coordination committees shall be composed of, but not limited to, elderly and disabled persons, providers of specialized transportation systems, participating public transportation systems, and local private for - profit and nonprofit transportation providers. Localities and public transportation systems subject to Title II of the Americans with Disabilities Act, Public Law 101 -336 (42 U.S.C. § 12131 et seq.), shall not be required to participate in coordinated specialized transportation plans, but may participate at their option. (2003, c. 454.) § 15.2 -4218. Local governing bodies authorized to appropriate or lend funds. The governing bodies of the localities within a planning district are authorized to appropriate or lend funds to the planning district commission. (1968, c. 224, § 15.1 -1413; 1997, c. 587.) § 15.2 -4219. Exemption of commission from taxation 127 s�16�201 l Page 8 of 8 The planning district commission shall not be required to pay any taxes or assessments upon any project or upon any property acquired or used by it or upon the income therefrom. For purposes of subdivision 4 of § 58.1 - 609.1, a planning district commission is deemed a "political subdivision of this Commonwealth" as the term is used in that section. (1968, c. 224, § 15.1 -1415; 1993, c. 310; 1997, c. 587.) § 15.2 -4220. Dual membership authorized. Any locality which is a member of a planning district commission may become a member of an additional planning district commission upon such terms and conditions as mutually agreed to by the locality and the additional planning district commission. The locality shall notify the Department of Housing and Community Development of its membership status in the additional planning district commission within thirty days of becoming a member. Whenever astate- directed activity is conducted by all the planning district commissions, the planning district boundaries identified by the Department of Housing and Community Development shall be used, unless alternative boundaries are agreed to by the localities and the planning district commissions affected. No additional state financial support shall be paid due to a locality becoming a member of an additional planning district commission. (1985, c. 109, § 15.1 -1416; 1988, c. 263; 1991, c. 35; 1993, c. 797; 1994, c. 650; 1995, cc. 732, 796; 1997, c. 587.) § 15.2 -4221. Merger of two planning district commissions. The commissions of any two planning districts and a majority of the governing bodies of the localities comprising each district, upon finding that the community of interest, ease of communications and transportation, and geographic factors and natural boundaries among the localities of the two districts are such that the best interest of the localities would be served, may by resolutions concurrently adopted vote to merge into one district and request the Department of Housing and Community Development to declare the districts so merged. Upon such declaration, the commissions of the two districts shall be merged into one commission. The commission of the new district thereupon shall organize as provided in § 15.2 -4203; however, nothing shall prevent the commissions of the two districts which are to be merged from agreeing to the terms of such organization prior to their vote to merge. (1990, c. 722, § 15.1- 1416.1; 1997, c. 587.) § 15.2 -4222. Inconsistent laws inapplicable. All other general or special laws inconsistent with any provisions of this chapter are hereby declared to be inapplicable to the provisions of this chapter. (1968, c. 224, § 15.1 -1452; 1997, c. 587.) 128 s�16�201 l COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, Deputy Director - Transportation RE: Transportation Committee Report for Meeting of September 28, 2015 DATE: October 9, 2015 The Transportation Committee met on September 28, 2015 at 8:30 a.m. Members Present Chunk DeHaven (voting) Gene Fisher (voting) James Racey (voting) Barry Schnoor (voting) Jason Ransom (Voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) * * *Items Requiring Action* 1. Valley Pike /Shawnee Drive Intersection Improvement Study The Committee reviewed the attached study and its recommendations. Mr. Fisher noted that there was a clear short term and long term fix beginning with alternative 1 and progressing through the other alternatives. Mr. DeHaven noted that the MPO steering committee had also determined a phased approach ending with alternative 2B would be most appropriate. The Committee asked staff to follow up with VDOT regarding the capabilities of the equipment put in place when signal upgrades were last done at the intersection of Shawnee and Route 11. Mr. Racey also noted that the equipment needs to be more sensitive to current traffic conditions and adjust green time for appropriate legs depending upon existing flows. Staff agreed and noted that even in times of heavy flow from side street that Route 11 would still get priority. 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 MOTION: Mr. Fisher moved to recommend a phased approach beginning with Alternative 1 and ending with Alternative 2B. The Motion was seconded by Mr. Racey and passed with 1 no vote. 2. House Bill 2 Update Staff outlined the projects in process for House Bill 2 applications and noted in the update memo sent to the Board of Supervisors as follows: 1. Route 11 North at Exit 317 2. Construction of Route 37 from Exit 310 to Route 522 3. Restoration of Route 277 Improvements to the Plan 4. Route 11 South Intersection with Apple Valley Road — Intersection Improvements 5. Fox Drive at Route 522 —Turn Lane Improvements 6. Tevis Street Extension and Bridge over I -81 Staff noted that, given the current activity on the Russell 150 projects, that application number 6 could probably be tabled at this time. MOTION: Mr. Racey moved to recommend Board approval of the list as presented without number 6. The Motion was seconded by Mr. Schnoor. Motion passed unanimously. Staff has requested sample language for Board support resolutions for these projects but has not received them as of yet. If the language is received in time, resolutions will accompany this item. Otherwise, they will be on a future agenda. * * *Items Not Requiring Action* 3. Other Mr. Racey had a number of signal timing concerns. Mr. Carter of VDOT asked that he email him directly. Mr. Carter of VDOT noted that the construction project at 310 was creating some additional delays and that with the shortened ramps adjustments had to be made to the signals to avoid traffic backing up into the I -81 travel lanes. Staff updated the committee on a new source of safety money that will be available to the County and noted that he would be coordinating with public safety and VDOT to bring recommendations to the Committee. Item 1: Valley Pike /Shawnee Drive Intersection Improvement Study Attached please find the draft alternatives analysis and summary of public comments for the Valley Pike /Shawnee Drive Intersection Improvement Study for your review and comment. i �� it /// % ii % i / iii iii � %/U Valley Pike /Shawnee Drive Intersection Improvement Study Alternatives Evaluation Technical Memorandum Prepared for: Winchester Frederick County Metropolitan Planning Organization Prepared By: �U���� � ��.�:�, U��� ��� Draft August 14, 2015 %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" ...�...� III III ��� �'��� iii.m.� iii.m.� Tableof Contents .................................................................................. ............................... i Listof Figures ....................................................................................... ............................... ii Listof Tables ........................................................................................ ............................... ii Listof Attachments .............................................................................. ............................... ii 1.0 Introduction .................................................................................. ..............................1 2.0 Study Area ................................................................................... ............................... 2 3.0 No Build Conditions ...................................................................... ............................... 4 FutureNo Build Volumes ..................................................................................... ..............................4 NoBuild Level of Service ..................................................................................... ..............................4 4.0 Alternatives Evaluation ................................................................ ............................... 8 TrafficAnalysis .................................................................................................... .............................12 ROW /Property Impacts ...................................................................................... .............................18 Approximate- Order -of- Magnitude Cost Categorization .................................... .............................18 5.0 Conclusion ................................................................................. ............................... 19 Page i STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" IIIIS � ° "' °IIII�IIII " " °O „� Figure 1: Existing Study Area Intersections ..................................................... ............................... 3 Figure 2: 10 -Year Historic Growth Rate Along US 11 Corridor ........................ ............................... 4 Figure 3: 2035 Build Alternative 1 ................................................................... ............................... 8 Figure 4: 2035 Build Alternative 2a ................................................................. ............................... 9 Figure 5: 2035 Build Alternative 2b ............................................................... ............................... 10 Figure 6: 2035 Build Alternative 3 ................................................................. ............................... 11 liiiS �O� Table 1: No Build AM and PM Peak Hour Synchro and SimTraffic Outputs Summary .................. 5 Table 2: No Build AM and PM Peak Hour SimTraffic Delay Summary ............ ............................... 7 Table 3: Build AM Peak Hour Synchro Delay Summary ................................. ............................... 13 Table 4: Build PM Peak Hour Synchro Delay Summary ................................. ............................... 15 Table 5: Approximate- Order -of- Magnitude Cost Categorization ................. ............................... 18 °mllll� iiir �� iiir �iiu Attachment A: Existing and No Build Volumes Attachment B: Intersection Analysis — Synchro HCM Outputs Attachment C: Intersection Analysis — SimTraffic Queuing Outputs Page ii STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" 1 •� • The development of a 20 -year transportation plan addressing the operation of the intersection of Valley Pike (US 11) and Shawnee Drive in Winchester, VA is critical to help shape the area's long -range economic health and quality of life. Stakeholders have identified impediments to smooth traffic flow through an approximately 0.2 -mile section of Valley Pike (US 11) at the City of Winchester's southern corporate limit, where Valley Pike crosses the Hoge Run culvert. These include a southbound bottleneck as the roadway narrows from atwo -lane to a one -lane section at the culvert; driveway access to a 7- Eleven convenience store at the intersection of Valley Pike and Shawnee Drive (SR -652); and impeded left -turn egress from Opequon Church Lane (SR -706) to northbound US 11, just south of Shawnee Drive. Opequon Church Lane serves the Opequon Presbyterian Church and Woodbrook Village residential development on the west side of US 11. The current congestion, queuing and mobility issues within the study area, more specifically at the intersection of Valley Pike and Shawnee Drive make travel in the corridor difficult, and future conditions will only worsen. In coordination with the Winchester Frederick County Metropolitian Planning Organization (Win Fred MPO) and a Project Steering Committee, the study team is also engaging the community to obtain stakeholder input. This technical memorandum documents evaluation of potential Build Alternatives that will mitigate the identified operational, geometric, and safety deficiencies and accommodate projected traffic growth at the intersection of Valley Pike (US 11) and Shawnee Drive (Route 652), and of US 11 between the Creekside Station /Rubbermaid Entrance and Apple Valley Road intersections. A preferred alternative that best addresses these issues will be recommended to the MPO Technical Advisory Committee for recommendation to the MPO Policy Board. A collaborative process will allow the incorporation of the community's values, goals, and aspirations to the intersection improvement study in addition to understanding the needs of the various stakeholders. Page 1 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" 1 � � -. The project study area was defined as the US 11 corridor between its intersection with Apple Valley Road (SR -651) and Newell Rubbermaid Entrance /Creekside Station. This study area is shown in Figure 1 and includes the following intersections: 1. US 11 at Newell Rubbermaid Entrance /Creekside Station (signalized) 2. US 11 at Shawnee Drive (signalized) 3. US 11 at Opequon Church Lane (unsignalized) 4. US 11 at Apple Valley Road (signalized) As shown on Figure 1, US 11 provides access to major homes and businesses adjacent to the corridor such as the Creekside Station Shopping Center, Rubbermaid Facility, Opequon Presbysterian Church, and the Woodbrook Village residential development. Multiple business driveways interact with the signalized intersection of US 11 at Shawnee Drive which include the 7- Eleven convenience store, Creekside Village Office Park, Lewin -Yount Garage Door &Auto Sales, and the First Bank. Page 2 STV Incorporated Valley Pike /Shawnee Drive Intersection Improvement Study Alternatives Evaluation Technical Memorandum Figure 1: Existing Study Area Intersections %i1f %JJl ,, �� �err�r��*c.�ic.srrari �w.,��rv�in�c: c7¢a�ra�aw�neucs�n Page 3 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" 1 • � • � • �u � �u ire �: �u li II / II �u ii�� Future 2035 (horizon year) No Build AM and PM peak hour models were developed and used as a Base Condition. The peak hour traffic volumes were forecasted by applying an annual growth rate of one percent (1%) per year to the existing traffic volumes. Information on the Annual Average Daily Traffic (AADT) along the US 11 corridor was obtained from VDOT's 10 -year historic traffic counts. Existing and No -Build traffic volume figures are provided in Attachment A. Figure 2 depicts a graph of the 10 -year historic volumes along the US 11 corridor. Figure 2: 10 -Year Historic Growth Rate Along US 11 Corridor Annual Average Daily Traffic {AADTj As shown in Figure 2, the historic traffic volumes are relatively flat (no growth) or decreased (negative growth) along US 11 within the study area limits. Therefore, the assumed growth rate of one percent (1%) per year represents a conservative estimate of future growth near Winchester's southern corporate limit. �:�ulill II...II .�: �ii�u: Table 1 summarizes the intersection capacity analysis for the 2035 No Build Conditions during the AM and PM peak hours. All Synchro HCM 2000 and SimTraffic queuing reports can be found in Attachment B and Attachment C, respectively. Page 4 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" Page 5 STV Incorporated Table 1: No Build AM and PM Peak AM Delay (sec) L ©S Peak Hour Synchro Hour V/C Ratio and SimTraffic Outputs Summary PM Peak Hour 95% Queue Delay ' V/C 'Length (sec) LAS Ra #io (�) '' 95 %! �i Queue ' Length ', ��� US 11 at Newell Rubbermaid Entrance /Creekside Station Creekside Left - Through 26.0 C 0.16 45 22.3 C 0.30 135 Station Right 24.7 C 0.00 20 20.6 C 0.04 50 Eastbound Approach 25.5 C - - 21.4 C - - Newell Left - Through 28.0 C 0.36 60 23.7 C 0.44 240 Rubbermaid Right 24.7 C 0.00 25 20.6 C 0.06 70 Westbound Approach 27.3 C - - 22.2 C - - Left 6.3 A 0.05 35 9.8 A 0.15 90 US 11 Through 8.6 A 0.41 90 16.1 B 0.62 215 Northbound Through -Right 8.6 A 0.41 100 16.1 B 0.62 215 Approach 8.5 A - - 15.7 B - - Left 4.1 A 0.13 60 8.8 A 0.30 245 US 11 Through 6.3 A 0.26 140 13.7 B 0.51 685 Southbound Through -Right 6.3 A 0.26 35 13.7 B 0.51 690 Approach 6.1 A - - 13.1 B - - Overall 8.2 A 0.30 - 15.6 B 0.52 - US 11 at Shawnee Drive Creekside Left 46.9 D 0.19 20 0.12 35 Village Through -Right 47.2 D 0.19 20 � � 0.43 75 Eastbound Approach 47.0 D - - ���� - - Left 45.8 D 0.69 215 ,��� 0.78 275 Shawnee Drive Westbound Through -Right 34.3 C 0.13 185 42.9 D 0.15 545 Approach 42.2 D - - 53.5 D - - Left 44.2 D 0.31 45 �f 0.42 25 US 11 Through 17.8 B 0.69 110 23.2 C 0.78 105 Northbound Right 10.0 B 0.11 60 8.3 A 0.10 60 Approach 17.4 B - - 21.3 C - - Left 43.4 D 0.41 60 � 0.73 115 US 11 Through 13.4 B 0.45 170 24.4 C 0.75 355 Southbound Right 9.1 A 0.01 40 11.3 B 0.01 140 Approach 15.8 B - - 28.8 C - - Overall 20.5 C 0.65 - 30.9 C 0.75 - Page 5 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" Table 1: No Build AM and PM Peak Hour Synchro and SimTraffic Outputs Summary (Continued) US 11 at Opequon Church Lane Opequon Left 13.6 B 0.05 95 20.7 C 0.08 40 Church Lane Right 12.5 B 0.04 35 24.8 C 0.16 45 Eastbound Approach 13.1 B - - 23.3 C - - Left 0.0 A 0.20 0 11.7 B 0.02 40 US 11 Northbound Through 0.0 A 0.20 240 0.0 A 0.26 215 Approach 0.0 A - - 0.2 A - - Through 0.0 A 0.27 0 0.0 A 0.26 20 US 11 Southbound Right 0.0 A 0.00 125 0.0 A 0.61 85 Approach 0.0 A - - 0.0 A - - Overall ** 13.1 B - - 23.3 C - - US 11 at Apple Valley Road Apple Valley Left 39.6 D 0.07 120 0.70 895 Road Right 35.3 D 0.05 100 48.0 D 0.21 690 Eastbound Approach 37.0 D - - 52.4 D - - Left 5.2 A 0.24 145 28.1 C 0.60 120 US 11 Northbound Through 6.9 A 0.24 205 7.9 A 0.61 225 Approach 6.5 A - - 11.2 B - - Through 10.1 B 0.34 195 23.9 C 0.85 2,235 US 11 Southbound Right 6.8 A 0.00 95 10.9 B 0.14 340 Approach 9.3 A - - 22.2 C - - Overall 11.5 B 0.64 - 22.9 C 0.81 - As shown in Table 1, all intersections within the study area overall operate at an acceptable level during both the AM and PM peak hour traffic conditions. However, several movements and approaches at the US 11 at Shawnee Drive intersection deteriorate further as a result of increased traffic and continue to operate poorly. In addition, the southbound queues from the intersection of US 11 at Apple Valley Road extend past Shawnee Drive, making it difficult for unsignalized driveways and northbound left turn movements to function properly. According to field observations, a portion of the eastbound right turns out of Opequon Church Lane were actually heavily delayed left turns who ultimately settled for a right turn. In addition, the intersection of US 11 at Apple Valley Road, the intersection operates at LOS B according to Page 6 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" Synchro outputs. However, based on SimTraffic results, the southbound queue extended just south of Shawnee Drive during multiple simulation runs as observed in the field. Therefore, SimTraffic delays for US 11 at Opequon Church Lane and US 11 at Apple Valley Road were used to account for queue delays. Table 2 summarizes the increase in delay for movements affected from downstream queuing from SimTraffic under 2035 Future No Build Conditions. *Unsignalized intersection; worst approach delay and LOS reported. As shown in Table 2, the movement delays at the intersections of US 11 at Opequon Church Lane and US 11 at Apple Valley Road experience a LOS F as a result of the heavy north- and Page 7 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" southbound queuing. At the intersection of US 11 at Apple Valley Road during the PM peak hour, the southbound and eastbound movements also experience a LOS F as a result of queuing and increased traffic. � 1 �'' - � • Based on the deficiencies and operations issues such as, but not limited to, signal timing, access management, and capacity under No Build Conditions, four (4) alternatives (two different variations for Alternative 2) were developed and evaluated as part of this analysis. Evaluation criteria for all alternatives include traffic analysis, ROW /property impacts, and approximate - order -of- magnitude cost categorization. These alternatives are briefly described below: Alternative 1: Under this alternative, a signal is proposed at the intersection of US 11 at Opequon Church Lane. Since this signal will be in close proximity to the existing signal at the intersection of US 11 at Shawnee Drive, both signals would operate under one controller. In addition, the closure of the north driveway to the 7- Eleven property from US 11 is proposed. These modifications for Alternative 1 are depicted in Figure 3. Figure 3: 2035 Build Alternative 1 Page 8 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" As shown above, this alternative would provide a protected eastbound left turn phase from Opequon Church Lane onto US 11. All signals along the corridor would be coordinated to the same cycle length to improve overall corridor operations. Alternative 2a: Similar to Alternative 1, a signal is proposed at the intersection of US 11 at Opequon Church Lane and the north driveway to the 7- Eleven property from US 11 will be closed to consolidate access points and reduce conflicts within the intersection. Additional modifications will include a second southbound through lane on US 11 from Creekside Station /Newell Rubbermaid Entrance to just south of Opequon Church Lane. This will require the widening of the bridge over Hoge Run in the southbound direction, increasing capacity over the bridge. These modifications for Alternative 2a are depicted in Figure 4. Figure 4: 2035 Build Alternative 2a Alternative 2b: This alternative will include all proposed modifications from Alternative 2a with an additional northbound through lane on US 11 from Shawnee Drive to Creekside Station /Newell Rubbermaid Entrance. This will require the widening of the bridge over Hoge Run in both the north- and southbound directions and the relocation of a signal pole at the study intersection. These modifications for Alternative 2b are depicted in Figure 5. Page 9 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" Figure 5: 2035 Build Alternative 2b Alternative 3: Under this alternative, the intersection of US 11 at Shawnee Drive will be realigned to connect to Opequon Church Lane, creating a full four -leg intersection. This modification will require a new signal at the new intersection of US 11 at Shawnee Drive /Opequon Church Lane and relocation of one business, the Lewin -Yount Garage Door & Auto Sales. These modifications for Alternative 3 are depicted in Figure 6. Page 10 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" Figure 6: 2035 Build Alternative 3 As shown above in Figure 6, this alternative would impact other properties and their driveway access including the closure of the south driveway to the 7- Eleven property and the reconfiguration of the First Bank property driveway from Shawnee Drive. The Creekside Lane driveway access would be converted to a right -in /right -out only instead of signal controlled. A new driveway to Creekside Lane would be proposed on Opequon Church Lane. Additional modifications include a sidewalk along the south side of Shawnee Drive. Page 11 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" �ii� .�:.�:li ����. iii II � l Alternatives 1, 2a and 2b incorporate an additional signal at the intersection of US 11 at Opequon Church Lane. This signal would operate in conjunction with the existing signal at the intersection of US 11 at Shawnee Drive (modeled as a "cluster intersection" in Synchro). Under Alternate 3, the signalized intersection of US 11 at Shawnee Drive is realigned to meet Opequon Church Lane and proposed to operate by split timing. The Creekside Lane entrance is no longer signal controlled and would be converted to a right -in /right -out only driveway. Table 3 and Table 4 present a comparison of the overall intersection Level of Service (LOS) and delay (during the AM and PM peak hour, respectively) per intersection for each Alternative. HCM outputs from Synchro can be found in Attachment B. 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Z V � V � Z Z Z N N lD N Z lD N Z O Z O M ifl V O ifl OJ N � W T � I� O N d 0 O > N a N O a a a lD O N vt a a f/1 O I� Ol OJ N lD W � N 00 ��� O Z O Z Z Z O O Z Z tD O O O tD O O tD O tD O O O O � V O a o o a a a V V a V a a a a m o o V a m m a m m z z z z z z a '^ a N n Q Q Q tD vl a � a of N of 00 of .ti ti N V � � 00 N � Z � � Z Z Z N N Z N Z O O O HI � O � � � tD m d D C J � OD � a� � � Q � � K � =O L � Q � OD � a� � � Q � OD � a� � � Q 4 � a� � � Q � OD � � Q OD � � Q Z � ~ O. a Q a ~ Q a ~ Q a C � Q a ~ Q a ~ Q a � U F _ � � m � � � � � p � � � w > -p 'O 'O O d T � 'O 'O O v o `� o o °, a o 'o O a w� N� � ¢ w N� N� o .y o � `0 w � � `o N� � o � Q`0 w � `o �« � Q n v m 3 z p � � n-o a o z p � � o � '^ � v 0 Q 0 U C N %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" As shown in the results above, all intersections for all Alternatives during the AM peak hour overall operate at LOS C or better. During the PM peak hour, all intersections overall operate as LOS C or better under Alternatives 1, 2a, and 2b. However, the intersection of US 11 at Shawnee Drive /Opequon Church Lane operates at LOS D during the PM peak hour under Alternative 3. Under Alternative 1, the intersection of US 11 at Shawnee Drive experiences the highest delay in the westbound direction. Both Alternatives 2a and 2b experience similar results due to the new signal at Opequon Church Lane. Cycle lengths were coordinated and optimized along US 11 which increased delay for the minor streets such as the westbound left turn movement at the intersection of US 11 at Newell Rubbermaid. The left turn movement resulted in a degradation from LOS C in No Build to LOS E in Alternatives 1, 2a, and 2b during the PM peak hour. The intersection of US 11 at Apple Valley Road under all alternatives operates at LOS C or better during both the AM and PM peak hours. Modifications to the intersection of US 11 at Shawnee Drive do not directly affect operations at the intersection of US 11 at Apple Valley Road. Page 17 STV Incorporated Valley Pike /Shawnee Drive Intersection Improvement Study Alternatives Evaluation Technical Memorandum ire III ir.� II ii�� III �: %i1f %JJl ,, d����������u �� �err�r��*c.�ic.srrari �w.,��rv�in�c: c7¢a�ra�aw�neucs�n Potential ROW and property impacts have been associated with each alternative. Alternative 1 has the lowest impact on properties as the installation of a signal at the intersection of US 11 at Opequon Church Lane is proposed and one 7- Eleven entrance is closed. 7- Eleven has a total of three existing driveways; two on US 11 and one on Opequon Church Lane. The closure of the north driveway on US 11 would increase overall safety at the intersection by minimizing conflicting movements. Similar to Alternative 1, both Alternatives 2a and 2b propose closing the northern 7- Eleven entrance from US 11. Under Alternative 2a, the addition of a second southbound through lane on Valley Pike from Creekside Station /Rubbermaid Entrance to south of Opequon Church Lane would impact not only the ROW on the west side of the corridor but the Hoge Run Bridge just north of the study intersection. The bridge culvert would have to be extended as a result of the widening on the corridor. In the same case, Alternative 2b would have higher impacts to ROW and property as widening to US 11 is proposed in both the north- and southbound direction. The realignment of the study intersection in Alternative 3 results in the highest impacts to property and ROW. This alternative would require a relocation of one business, the Lewin - Yount Garage Door &Auto Sales. Also, the Creekside Lane entrance would be converted to a right -in /right -out only driveway. As a result, an additional entrance to Creekside Village would be provided on Opequon Church lane. Lastly, similar to the prior alternatives, Alternative 3 proposes to close one of the 7- Eleven entrances. Illlirliii���l -u�Nir � � u�u.i.:�� �� �:' An Approximate- Order -of- Magnitude Cost Categorization assigns "high ", "medium ", and "low" cost categories to each alternative. Based on the ROW and property impacts discussed in the previous section, Table 5 summarizes the cost categories for each alternative. Table 5: Approximate- Order -of- Magnitude Cost Categorization ��� Alternative 1 Low Alternative 2a Low - Medium Alternative 2b Medium Alternative 3 High As shown in Table 5, Alternative 3 is categorized as a high cost due to the re- alignment of the intersection and property relocation. Alternative 1 would result in the lowest cost with the installation of a signal. Page 18 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Alternatives Evaluation Technical Memorandum ������`° "-'T"' "� "�� "' "��'�����°� "� "� °"" 1 • • In conclusion, the current congestion, queuing and mobility issues within the study area, more specifically at the intersection of Valley Pike and Shawnee Drive make travel in the corridor difficult, and future conditions will only worsen. Future Build Alternatives were evaluated that will mitigate the identified operational, geometric, and safety deficiencies and accommodate projected traffic growth at the intersection of Valley Pike (US 11) and Shawnee Drive (Route 652), and of US 11 between the Creekside Station /Rubbermaid Entrance and Apple Valley Road intersections. The intersection of US 11 at Apple Valley Road under all alternatives operates at LOS C or better during both the AM and PM peak hours. Modifications to the intersection of US 11 at Shawnee Drive under all alternatives do not directly affect operations at the intersection of US 11 at Apple Valley Road. Potential ROW and property impacts have been associated with each alternative. Alternative 1 has the lowest impact on properties as the installation of a signal at the intersection of US 11 at Opequon Church Lane is proposed and one 7- Eleven entrance is closed. Alternative 2a and Alternative 2b would have higher impacts to ROW and property as widening to US 11 is proposed which would result in a culvert extension under the Hoge Run Bridge. Based on these alternatives, the preferred alternative that best addresses the intersection deficiencies will be recommended to the MPO Technical Advisory Committee for approval to the MPO Policy Board. These alternatives have been presented to the community and various stakeholders in order to obtain additional input to the study intersection. Alternative 1 would be recommended if a short term, low funding alternative is requested. Alternative 2b, a build off of the proposed modifications from Alternative 1 (installation of a signal at Opequon Church Lane and 7- Eleven driveway closure) and Alternative 2a (widening on the west side of US 11), will provide additional safety measures to the study intersection. However, if more funding is available, Alternative 3 will be a long term Alternative to be recommended to the MPO Policy Board. Further analysis using SimTraffic microsimulation would be completed once the preferred alternative is chosen to evaluate the effect of the alternative. A qualitative safety evaluation will also be conducted for the preferred alternative. Page 19 STV Incorporated i �� it /// % ii % i / iii iii � %/U Valley Pike /Shawnee Drive Intersection Improvement Study Summary of Public Comments Prepared for: Winchester Frederick County Metropolitan Planning Organization Prepared By: In Association with: Travesky &Associates, Ltd. Draft August 25, 2015 %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Summary of Public Comments ����` ��` ° "-'T"' "� "�� "' "� "���'�°� "� "� °"" � Illy IIII � iiir �iiu iiir �iiu List of Figures........ List of Tables ......... List of Attachments 1.0 Introduction .................................................................................. ..............................1 2.0 Study Area ................................................................................... ............................... 2 3.0 Stakeholder Outreach .................................................................. ............................... 4 Project Management Team ................................................................................. ..............................4 OpenHouse # 1 .................................................................................................... ..............................4 OpenHouse #2 .................................................................................................... ..............................6 InternetFeedback Tool ........................................................................................ ..............................8 OtherInput .......................................................................................................... ..............................8 4.0 Summary of Stakeholder Input ..................................................... ............................... 8 IIII � ° "' °IIII�QIIII " " °Q „� Figure 1: Existing Study Area Intersections .................................................................... ............................... 3 Figure 2: Photographs of Open House #1 Attendees ..................................................... ..............................4 Figure 3: Photographs of Open House #2 Attendees .................................................... ............................... 6 IIII �IQ „� Table 1: Summary of Open House #1 Comments .......................................................... ............................... 5 Table 2: Summary of Open House #2 Comments on Question 1 ................................... ..............................7 Table 3: Summary of Open House #2 Comments on Question 2 ................................... ..............................7 Table 4: Summary of Open House #2 Comments on Question 3 and Additional Comments ...................... 7 Page i STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Summary of Public Comments ����` ��` ° "-'T"' "� "�� "' "� "���'�°� "� "� °"" °mllll� iiir �� iiir �iiu Attachment A: Public Meeting Notices for Open House #1 Attachment B: Open House #1 Sign In Sheets Attachment C: Open House #1 Public Comments Attachment D: Public Meeting Notices for Open House #2 Attachment E: Open House #2 Fact Sheet Attachment F: Open House #2 Sign In Sheets Attachment G: Open House #2 Public Comments Page ii STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Summary of Public Comments ����` ��` ° "-'T"' "� "�� "' "� "���'�°� "� "� °"" 1 •� • The development of a 20 -year transportation plan addressing the operation of the intersection of Valley Pike (US 11) and Shawnee Drive in Winchester, VA is critical to help shape the area's long -range economic health and quality of life. Stakeholders have identified impediments to smooth traffic flow through an approximately 0.2 -mile section of Valley Pike (US 11) at the City of Winchester's southern corporate limit, where Valley Pike crosses the Hoge Run culvert. These include a southbound bottleneck as the roadway narrows from atwo -lane to a one -lane section at the culvert; driveway access to a 7- Eleven convenience store at the intersection of Valley Pike and Shawnee Drive (SR -652); and impeded left -turn egress from Opequon Church Lane (SR -706) to northbound US 11, just south of Shawnee Drive. Opequon Church Lane serves the Opequon Presbyterian Church and Woodbrook Village residential development on the west side of US 11. The current congestion, queuing and mobility issues within the study area, more specifically at the intersection of Valley Pike and Shawnee Drive, make travel in the corridor difficult, and future conditions will only worsen. The Winchester Frederick County Metropolitian Planning Organization (WinFred MPO) initiated the Valley Pike /Shawnee Drive Intersection Improvement Study to identify improvement alternatives for the Valley Pike /Shawnee Drive intersection and to US 11 immediately adjacent to the intersection. In coordination with the Winchester Frederick County Metropolitan Planning Organization (WinFred MPO) and a Project Steering Committee, the study team is also engaging the community to obtain stakeholder input. This technical memorandum documents community input received during the development and evaluation of potential Build Alternatives that will mitigate the identified operational, geometric, and safety deficiencies and accommodate projected traffic growth at the intersection of Valley Pike (US 11) and Shawnee Drive (Route 652), and of US 11 between the Creekside Station /Rubbermaid Entrance and Apple Valley Road intersections. A preferred alternative that best addresses these issues will be recommended to the MPO Technical Advisory Committee for recommendation to the MPO Policy Board. A collaborative process will allow the incorporation of the community's values, goals, and aspirations to the intersection improvement study in addition to understanding the needs of the various stakeholders. Page 1 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Summary of Public Comments ����` ��` ° "-'T"' "� "�� "' "� "���'�°� "� "� °"" 1 � � -. The project study area was defined as the US 11 corridor between its intersection with Apple Valley Road (SR -651) and Newell Rubbermaid Entrance /Creekside Station. This study area includes the following intersections: 1. US 11 at Newell Rubbermaid Entrance /Creekside Station (signalized) 2. US 11 at Shawnee Drive (signalized) 3. US 11 at Opequon Church Lane (unsignalized) 4. US 11 at Apple Valley Road (signalized) The existing study area intersections are shown in Figure 1. Within the study area, US 11 provides access to residential areas and major businesses adjacent to the corridor such as the Creekside Station Shopping Center, Rubbermaid Facility, Opequon Presbysterian Church, and the Woodbrook Village residential development. Page 2 STV Incorporated Valley Pike /Shawnee Drive Intersection Improvement Study Summary of Public Comments Figure 1: Existing Study Area Intersections %i1f %JJl ,, �� �err�r��*c.�ic.srrari �w.,��rv�in�c: c7¢a�ra�aw�neucs�n Page 3 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Open House #1 and # 2 Summary of Public Comments ����` �� ` ° "'T"' "� "�� "' "� "���'�°� "� "� °"" 1 • �- � �. Stakeholder outreach includes regular project management team meetings, two open house events and other opportunities for the community to provide input throughout the course of the study. ir.0 �: � iii ii�� iii � ii�� A project management team consisting of the consultant's project manager, the established WinFred MPO Project Steering Committee, and the MPO project manager, met during the course of the study to review and provide input to study deliverables. The Project Steering Committee is comprised of representatives of the City of Winchester, the Town of Stephens City, the County of Frederick, and the Virginia Department of Transportation - Staunton District. Ilii� II....��u� .. The first open house for the Valley Pike /Shawnee Drive Intersection Improvement Study was held on Thursday, January 29, 2015 at the Woodbrook Village community center from 4:00 to 7:00 PM. A notice for the open house appeared in the local newspaper on Saturday, January 17, 2015 and a letter was also sent to adjacent property owners. Copies of the newspaper notice and letter to property owners are included in Attachment A. Excluding project team members, 30 people attended the open house. Two of these attendees represented local media. Sign in sheets are included in Attachment B. The meeting was an open house format, during which attendees could come or go at anytime. No formal presentation was given by the study team. Two large aerial plots of the study intersection and the surrounding area were available to facilitate discussion and enable attendees to target comments to a specific location. Attendees were encouraged to provide written feedback to ensure documentation as part of the outreach process. Attendees to the first open house are shown in Figure 2. Figure 2: Photographs of Open House #1 Attendees Page 4 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Open House #1 and # 2 Summary of Public Comments ����` �� ` ° "'T"' "� "�� "' "� "���'�°� "� "� °"" In response to the first open house, attendees provided 29 comments which are summarized in Table 1. The individual comments are included in Attachment C. Table 1: Summary of Open House #1 Comments Source: STV Incorporated and Travesky &Associates, 2015 lone comment recommended a new signal on Route 11 at Opequon Lane or further south. Of the 29 comments received, 17 were from residents of Woodbrook Village, four were from residents of Plainfield Drive located just to the south, three were from residents of Cross Creek Village, a senior housing community just south of Woodbrook Village, two were from residents that live north of the study area off Valley Avenue, one was from a business owner adjacent to the Valley Pike /Shawnee Drive intersection, and one was from an individual that works in Woodbrook Village. The remaining comment was anonymous and did not indicate a location. Page 5 STV Incorporated Difficulty making left turn onto Route 11 from Opequon Church Lane 20 Need new or reconfigured signal at Opequon Church Lanel 14 Conflicts with 7- Eleven and other business accesses /traffic 7 Widen Route 11 5 Provide access from Opequon Church Lane to Creekside Village 5 High volumes of truck traffic 4 Provide better traffic signal coordination /synchronization along Route 11 3 Reduce number of accesses or reconfigure access to 7- Eleven 2 Existing drainage issues which could worsen with widening 2 Sewer infrastructure needed 2 Difficulty making left turn onto Route 11 from Plainfield Drive 1 Provide second access to Woodbrook Village with connection to Cross Creek Village 1 Provide second access to Woodbrook Village (no route specified) 1 Traffic signals not responsive to side traffic during low traffic periods 1 Southbound merge south of the Creekside Station /Rubbermaid Facility signal is dangerous 1 Signs obscure vision 1 Too much growth approved without necessary supporting infrastructure 1 Don't make any changes to the Valley Pike /Shawnee Drive intersection 1 Need better aligned intersections and business accesses 1 Insufficient truck turning radii 1 Provide southbound right- turn /deceleration lane to Opequon Church Lane 1 Source: STV Incorporated and Travesky &Associates, 2015 lone comment recommended a new signal on Route 11 at Opequon Lane or further south. Of the 29 comments received, 17 were from residents of Woodbrook Village, four were from residents of Plainfield Drive located just to the south, three were from residents of Cross Creek Village, a senior housing community just south of Woodbrook Village, two were from residents that live north of the study area off Valley Avenue, one was from a business owner adjacent to the Valley Pike /Shawnee Drive intersection, and one was from an individual that works in Woodbrook Village. The remaining comment was anonymous and did not indicate a location. Page 5 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Open House #1 and # 2 Summary of Public Comments ����` �� ` ° "'T"' "� "�� "' "� "���'�°� "� "� °"" Ilii� II....��u The second open house for the Valley Pike /Shawnee Drive Intersection Improvement Study was held on Thursday, July 30, 2015 at the Woodbrook Village Community Center from 4:30 to 6:30 PM. Notices for the open house appeared in The Winchester Star and Nuevas Raices newspapers on July 23, 2015, and a letter was also sent to adjacent property owners. Copies of the newspaper notices and letter to property owners are included in Attachment D. The meeting was an open house format, and no formal presentation was given by the study team. Attendees were presented large display boards illustrating the four design improvement options developed to address identified operational, geometric, and safety deficiencies of the intersection of Valley Pike (US 11) and Shawnee Drive (Route 652), and of US 11 between the Creekside Station /Rubbermaid and Apple Valley Road intersections. A no build option was also considered. Attendees were also provided with a fact sheet describing and illustrating the options. The fact sheet is included in Attachment E. Attendees were encouraged to ask questions and discuss the options with the study team, and to provide written feedback via comment sheet or the project website to ensure documentation as part of the outreach process. Excluding project team members, 39 people attended the open house. One of these attendees represented local media. Sign in sheets are included in Attachment F. Attendees to the second open house are shown in Figure 3. Figure 3: Photographs of Open House #2 Attendees Page 6 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Open House #1 and # 2 Summary of Public Comments ����` �� ` ° "'T"' "� "�� "' "� "���'�°� "� "� °"" In response to the second open house, attendees provided 40 comments which are summarized in Tables 2, 3 and 4. Twenty -one of the comments were delivered at the open house, 17 by mail, and 2 online. Of the 40 comments received, 37 were from residents of Woodbrook Village, and one was from an employee of Opequon Presbyterian Church. The individual comments are included in Attachment G. Table 2: Summary of Open House #2 Comments on Question 1 Table 3: Summary of Open House #2 Comments on Question 2 Table 4: Summary of Open House #2 Comments on Question 3 and Additional Comments Safety /senior drivers 9 Concern about impact on businesses 4 Cost /speed /effectiveness tradeoff 8 Problems with right turn /U turn onto southbound Valley Pike 2 Truck traffic 1 Left turn arrow on signal needed only 1 Timing with traffic signal at different intersection 1 Commenters overwhelmingly cited the difficulty in making a left turn from Opequon Church Lane to northbound Valley Pike as the most important issue for any improvement to address, Page 7 STV Incorporated %i1f %JJl ,, Valley Pike /Shawnee Drive Intersection Improvement Study ��,�������� Open House #1 and # 2 Summary of Public Comments ����` �� ` ° "'T"' "� "�� "' "� "���'�°� "� "� °"" with 34 commenters selecting this issue. The second most commonly selected issue was the bottleneck where southbound Valley Pike narrows from two lanes to one, with 6 selections. The choice of the preferred option was more varied, with 15 commenters selecting Option 3, 12 selecting Option 2b, and 0 selecting the no build option. Regardless of which option they selected, 8 commenters acknowledged a tradeoff between the lower cost and greater speed with which an option involving less construction (Options 1 and 2a) could be implemented, versus the potential greater long -term effectiveness but greater cost and longer schedule with an option requiring more extensive construction (Options 2b and 3). Safety concerns involving the intersection and senior drivers were cited by 9 respondents. Ilii��irii�� �II�:II� II In conjunction with the second open house, an internet survey was made available for stakeholders to review the intersection improvement options and provide input. Two responses to the internet survey were received and both expressed support for Option 3. These responses are included in Table 3 above. III it II iii III �u. This study is included in the WinFred MPO Unified Planning Work Program and has been identified as a regional priority since 2012. Throughout the course of the study, stakeholders continue to have opportunities to contact the MPO to provide input. � 1 • � • �- • As of August 25, 2014, the study is still underway and two open houses have been conducted. Table 1 summarizes attendees' comments from the first open house held in January 2015. Tables 2, 3, and 4 summarize attendees' comments from the second open house held in July 2015. Analysis has also been conducted to determine how well the alternatives provide traffic, operational, and safety improvements for the Valley Pike (US 11) and Shawnee Drive (Route 652) intersection and the study area. Comments provided by stakeholders during the study will be incorporated into the decision making process related to any proposed changes to the Valley Pike /Shawnee Drive intersection. Page 8 STV Incorporated Item 2: House Bill 2 Update Staff will update the committee on our progress through the HB2 application process. In addition, please find the attached summary of the applications which was sent to the Board of Supervisors this past week. We will discuss the list in greater detail and forward any recommendations the committee may have to the Board of Supervisors for their recommendation. _.___._..._._. _._ ...ry .. ,. ,,., .... .... ................ Jpa.rt ant �wI` �a�mmm�l� a��d J�vI��p�n�nt �����5 ���,n �4��f�W�S��a . oar of Supervisors John A. iso I ety hector = Transportation � ,.� , -� .�' I` ': � � �� � �. *. � � r � � _ _. � ... � ., , � � _. � . s ., . ,� , � �� �� .' � .,, i . � ..� � � i �f .i "` i �` � � �� i � � ..,. I � 1 , i i ., �� 1� � . _ .�, i �` s� . .� i � f, �� 1 .` w JtI"� Y"���rth ;pant Str�u�t, Sui�it t�� � in�� ust��°, �'ir°,ymnia. J��wtl:i. -IJ� Itt�M: l�ris �. Tierney, Assistant County Administrat `" Aizport Authority Lease Agreement. and Deed of Easement IVlillwood Station and Events tenter Property I�AT�. C?ctober 9, 2� i 5 Lease The attached lease agreement pertains to tlae portion of the l'wlillwaod Station Events Center parking lot which is located on property owned lay the Airport Authority. As the previous owner of the Station property, Miillwood Fire and fescue Company leased this ground, from the Autliarity. The proposed lease has a five year term with an option for three, five year renewals. Altliaugh we would i7ave ideally preferred a longer term, the 1?AA was unwilling to extend the agreement further. Deed of Easeannent The associated "Deed of Easement and Restrictions" is a condition of the lease discussed above.. The easement references Federal Regulations, "Part i7" which pertains to airspace in proximity to airports and utilizes a "Transitional Surface" elevation along with the associated ground elevation to determine the allowable height of objects on the ground. For the fire station and events center parcels the height restrictions unposed by the easement are actually less restrictive than the height limits imposed by the current County 13- zoning that exists on the property. Following the Public hearing on the Deed of easement, staff is requesting action on the attached. resolution authorizing approval of both the lease and. the deed of easement. Please let one knew if we can answer any questions.. l0'7 l`�orth rent Street. � Winchester, Virginia 2��1. yp ° 'Iry �y / a � _n,, Ai 4 °f w.l° A '1 .. IAI #A1�1�1 !A' � l',1 n°1 °61° - N�� °: ', y" w# y' A. "'l'tte Attthcrrtity is the owrocr pf that axrtooin traac,# of land, ccrriaa� 36.8 ass„ more or less, situx�te in Shawrx� "oil C3istrci, t""t�ed'ernck Gaunty, V"irg�gila, being park of an �blage of �ls rrprsm whets is Ioci #Its bier lte�rot3a! Airlrcrrt, Tsrr � loo. �4 -A -��' �"�fir�ar� �ract'"�° a�,e co,�nty t� � a of ttrat �� aftarod tytr,� � being • ;� ingwoaee R�agisteci�a! f�c#, Fi+edextck!"ao�n4y, �Virg�aua, uozg l.Ttl7 aerids, nr or less, as La# 5A nn. tit c�t#aua �rla# tttied °dinar S"�bdivr"�iaon tcrt S, � Fr�ierie� t3rffiee P6,tk, PI1aSC �. Instrarrpe�t l�Tutnber tlTtiDED;�pt3Cr" clst� Au�st % 2b1 S, awn by �. '96': bioorsi�, »S. (` °�pb�i�l'an ����'}, v�hioh Scrbdiwisitrn Pl$t is att$obed to a� made material t oftGat r�rtatro crf ubdtvtsicrn; mcod t�eect crflEasemen#s Aocgvst � 1,.2�it 5; mf a+ecarcl ira the � "s �?ee crf the �tait Court of Fi�derirlc C�turty; Vir„�uoia as 1r,�tmm�ent lwtc,. flS�JidilT"T34, Tax iVfatr Nca. 64 -1� -�A (the "�o�e'��#ian �t °'}, ,�tct t�raa � ad;�act To# or parcel ofland Corr .. z.�s5 set' mom or Issas, desi�ro$zec as fot � oo the �u%di'�rlszon Plat; r�lrich Subdivision Ptat is attached tca and mails � mataeriai part of#he afemrsad fXeeci of Snbdivisaer and t3ireeii �' l�s�ae�ts hated A'ugsrst 1 t, 2t}t 5, of r�rcorci ro the aforesaiit Clert:'s wee as IYSStruanetr #l`�To. 154C1p7734, �C"ax Map tea. SA- i�'-SB {the °'Eve>�;ts Cerster lPareel'�. "I7ie Fare Stm#lasr Paroei and the Evetrts C,errter Pac,eet were acquired by the C€�un#y b� that. cettairt l� claa#ed Armgoost � l o �U15 from #lee ECOaosnic IDevetnpmer� Autt►ocority of'tite County of Fre�ericic,'41ir,�xua, of record is the aunesad Cler&'s t3fgic�e as hunt: No. l5(3fd0'773 &, A ccapy oftlre Subdivisierat Plat is aftacbeil 1�to� marked �xltr'$iit "A" and incoxp>t�rated hereir�,l�y refere>tce as if se# crux in fuNl. �. "T"tre Authority has pr�viausly teascci s port%o:e of tlae Airport 'Tract r�trtainirog 47,7f1� sgooare feet, arc: ar less, to N9"zltwood Sta#iop "�Joloroteer,° Fire and miscue �Coanpoy 1, Iitc., a Vitgiroia corlr�oration �°`l�litvorod St�attoau'"j, '�'' the terrors ofttoa #certain 7 ease Agre�ezn;t �latefl A.prll � ° ��1��. '� parcel of land stilrject ter the a.ease A,greemetot cla #ed April �� i0(13 cozotains t.20� sores, more or less, ireing rraoro partictirterty� described orl that � plat titleal "Plat Slaow� 1.2Q�i Acre l:�sc Artie Cn A Porticarr �►f The T.mrd Qf Wiroehester ltegiozoal Azxp�t Authon#y Deed $aok 65�' Page 17,E "" da#ed ,�aoty23, 2{at5, dravwro by « W: l�iarsh, L,S.p a copy of which is attachcci her�tn as part of"Saririlrit'"A'° (Street � crf Sy and iricortoorated herein lay zefoce if set out in full ('the "'f.e 1P'ueacl'�. �. l�lfillwaa�i Station lrss previi�risl� coirstructed a surface p� lot on � %,se ]Pawl. in order to pravide parkiaag far the Fire Station lssrcel anii the Rvexits t.,�erltex parcel.. l�. Tlie County lras requested that the Authority apgerave this Lease A�,reeooent containing fire deaaise of the %.ease Paarcel too the County the t�erins arrd caudtiaos set fortlr here�inatfer. 14t��'PV": �} SSET�: That for sari itr cx�xraidei�r4ion ofthe aims of ficrr L�allars ("1O.t1iJ}: cash in liarard paid by each of fire parties hereCo uuta the other, the a�eipt and suilicienty ofwhich. is hereby ac�aowledged, and ether tansideestian deeimed ruatc at law, the Landlord lierehy agrees is resat and leese the Leese Pettit] uiata the Tetraivt i>pan the fallowing terrzrs and cauaditioraa: i. �CfT1�LS: The lxetitals ere riaade a material part hereof Gird incorporated herein. by refi�nenti= as if set nut in full. �. LSD "I"R The initial teirn of'thia Lease � comaaeaca on the date of flue Lease set out above fpr an initial period of 5ve years, t+�iiaating aai �ti20 �tlie °`L�se Teraea"j�. �, �'AI. tJpan expiration ofthe Lease Tei7n, this Leaserraay ire reiaewed at the option afthe Authority for up to elites (�� subsegwent fnve �sy year t each (if ease, the ` e�aval e'er ", aaad if�s> iha® one, the ",�tr�al �"crrus "�. '&ice Authority ' renew this ].ease far each Reneroasl 'Term by giving written notice to the County not less than sixty i6a� days in advents afthe eiad ofthe Renewal T'errn then in etf%ct. In addition, flee Authority and ties County g�aiae and aclriiawledge that any l;;.earewal Tern shat] be subject to approval by flee Federal .Aviation Adrninistratioia �` °�, �. The Authoiity s � talcs alt reasaraalsle steps ner..e9sary na olatairi FAA approval. ita su$ircient tome tca allow each such R.enesvai "Term.. fleet the Authority clefts to iriitiirte to cammemce. a. The Tenant shall pay unto Landlc>sd the sum off 3tKl.�Off per year fox flee iiaitial twelve (l2} month period. at'the Lease Teim, in advartte, with the first rent payment cline on the date of ex,etution of this Lease ti eritw The � shall iicrease by the amount of iUt} »CVf} per year four each. suecsive y+eat drarin flat L,e�se Trim, foe a total l�at in flee su: of �.S�il.pt? for the lease teriri. la. The .emt for the first twelve (l 2) racntir period of the first firm (5) year Renewal Term nfthis Lease, if there is one, shall.. be S I,iNUtl.gi? and shell. increase by an arnauait of l{ltl.if0 per year fare each. suixressve yeitr during the first. Renewal Tenn, far a tote;] retie in the sum of ��,tlthD. t)p dumirig tits first �eiaewal Term,., c„ �°6e d�cai for flee first twelve �Y2) eu � afthes ftve ,�$� Yom' "t"eatn af'thds Lcz�se i�t'a � � X11 lee $l,,pp Sand � e� en am�aunt of �ltila.� per far � sm�GCessive 3"�' during, thrs �ntvwal Tenn, far � ta�t� rat in the elan eaf 8,5R�I�.t�C1 dan�ag the seed Reuel "1'euw. d Tile Rat forthe twelve (��j ntcasttly period a�'the t6aird Svc �Sy k�v�rel Tcrrm of this Lease, ifther� is �r� shall ,�p,�M aced sirali iate�reas� h9 an t caf$I pU.pf3 pec yemr far � sucesave yeas• aiaarigg �e third. i�ene^wal Tom* far a tnt�l rent m summ af$1 i,(JG1tP.00i durithe this Renewal "�'errm. �. The Tenar►t fees tltist rt shall use the � Peel only for �e pose a�' per9sing fear the fre stall rescsne stataara and flee events eenti�r located wpan Fire �tatian Psro�l. h. The Temaant spc�ci�c�ly t%t the f.e, Parcel �hsil mot ti , Staff water atmat�t pond. c. The Te�aant tl�t die ��pravera�nts atpmn the L Parcel shill lie na "' st the sale cast and expemse ca�'the Tetrent, d. The Tenant fleet any lighting stttac�ures shrill be restaeob�a shielded Style lig%ts that da not prajoq:t lagl�t In any that. may inter%i+e wiila appraaciaang ar delaaxting aireral�, In the event csf amy naadific�l4ams ar changes to tl� eaciatang �g optiy boated ern tha Lease Parsx;l, Teaasnt � to submit ttra flee Landlord, faz ate grriar ap�rraysl, any much ariodicatians or ahaangcs tea the lgiatiiag , tgrees tta comply wlth ]. n�sanalale �qunaents ofthe Laiadlord p thes7ctea. e. 'I`estazat agrees to notify the Landtard in �e event that the euastimg %nc� bated. along the western, �at>un end eastern boundaries afthe Leaase Paraet srzsta%s any daaaages car nw�cds repaid 6, �dTalTi� A� oa!ithim ninety (qC�� business days ai�a^ full file %ll eazecutaata aftlais Fmr�rag Lot. l.ee A�crat, the C'aunty agrees to sxecmte an avigatiean went rarin,� %r the beat of fife A,xtharity over the adjeeent Fire Stataan Parcel al*ve�ats Mealier Pal, ttpsa� terms arnd condiSiotrs r+�tsonmhiy acceptable to the A�aorety and to �e Cauniy. "T. �V�1ST Akl'+� t'�: l3uriaag the Lease Teem, the �'enant shall comply with all appliaabie laws amd arctinanc artcluding sn taoeapaency l�tvs and ardiaatacea, afk'ecti� the Lem Parcel. Tlae 'l�enant shall nat caurnait, ar a]'ia�r to lee cataoa�nitted, auy waste or nuisance �pn the Lease Parcel. 3 �. RIC.all'i' f3F i�N'I'RY: �'lae 1Landlord, Its X102 - shall have the right to enter upon �� pease Parcel at all reaspnable times fiar tlne purpose afinapectind fire same and fair + purprose of peasting defaut no�ces or othct notices relatell io this without any diaxaama�iara ofrents dare.. �. S� l�r�.'�s 1'I�B1l�Ia: "The l"eaaant fleet the lease I ?$re�I shall Ise subject ta, and �n capliae urith, ail s}�Liieable rniraimaaaxa standards and rulaw regulations of the Authority> as smeaded from time tea time, in as far as said. aninamaarn, standards and rules and regulations contla'c1: with the prornisioaas pfthas laease, l (!. LIEI'�: Tlae "I"enant shaill keep the l:�ase Parcel free:. and clear tixam slay and aII mechanie''s, rlsaterialaaaan's and ether Iicxas for ar seising put of ar in conr�ectiirn wide. any work ar Isbar done, services �� or materials provided an connection. with work or lobar done anal. services perfcsrnted in coaxaectican watEa any use oftha: %ease Parcel'by the'Fenant. prtaanptl I. AL �!�'I"�b'Y'� 'T' 'Y'he �"eaaant agrees tar be a'esppnsilale fear seed t+a y pay azpon request to the l.,aaadiord aray real estate taxes iacapsrsed or assessed ucrm the I.�easa: Parcel, ifaany i �". ''" 7G7ae Latn�llord' covenants ilea.# it is aeizecl of fee simple to the Lesrre Parcel and has fa,,�i right to crater into this lease. Th addition, flee %�radlard covenants that flee "Tca¢ant shall leave quiet acrd peacealale possession of the ieasae Parcel during the Leas+a Tom. 13, Pia�4 $, �l�'� Ti:ae Tenant agrees that the i.andl+ard shs4l neat Ise responsible ar liable for gray lass, injury, deat}a ear d tta persons or prapetty vivhich at any tame maybe sui%red ar sustained by the �"amant or by any � wlaattsccrever tFaat may at any tamae be using., accaapying ar viaitiaxg the Ise Parcel, whether such Ines, anjaaarry, death ar a shall lee caused, ar its any �arayxesuiting ti`cran or arising out ofaray act, onaiason andl'iar negii�nce ofyhe T� ar �rfany opant, visitor pr user of acaypaat oftle I.eaAaa Parcel, or �Iaall aresult frxam or lee Wised 0.ay gray atlaer matter or � w]kaeklaer related tar the l'"anant "a use tar net; and the TenaQt shall indeaanify, deferred arrd hold Isarmtess the I�dlord _ all claims, lia'hiltl,r, waits, actions ar lose for damages ro any person. err � arising fraan ear related tp the ]C.ease I�arceL ffiowa;ver, this Paragraph I3 shrill Hart apply tfd easy anatter arising by reason. of the neglagenaa: rar aniscanduat of the iandlprd or its empIayeaxs, whal a �,g out tln dartics. I4. ASSIGP�NT; a. 'USrith the consent of the Authority, the Tenant may asaigta this Lease in thaw event afa sale, conveyara ar other transfer of title tea the Pvents tenter Parcel. ilae Authority may reject any�artaposed assignument lithe Authority deems sash refaasad tea approve such assigaruerrat tp be in flee best interests ofthe Authority. Any saach assn is also exlsaressly aonditaoned upon appar+val by the FAA, Ifthc Authcraity apprpvass flee assagunaent, the Authority agrees to take all reasonalale stexas nsary to �btairi ',�,, approval of scach assigoxxn�ent su�caex�t 1iaa�e to allnw such assi,gaaanent � felts place, b. Yn �e evert rte such. assigrunaent is apprcaved by the Atathority and' the FAA►, ttae Rent fc+r the Lease Parcel. shs,11 he rnereased t+a a niexnt that is equal the Fair arua�°ls rental. far a similar parking lot qty isn tl�ie F"rederic� t✓ouraty area as reasonalaly det�errraizaed by the �dle+rd aad tT� 'T� In thae event ihat C.,andlord seed "Tenant cannot �r'ee upon the amount of the fair market rent fear ilae L,se Parcel, tlsen. anc9 in the e+rent, each party shad �pp�oint a comsxacrcat real estate broker duly licawasecl in the nmanwealth caf �^"irgi�mia and. regularI;� doigg laxisiu�ess in lFrederick Count3', glir�ia to determine 'the :fair unaricet rent fret tie Lease parcel, and ttae average Hof the propcased. rent fixann � consrner�ai estate broker shall lee the awr�ount �aT�ent drme f'or the remainder ofthe Lease T'e� or Renewal �'erm then in effect. "The Tenertt shall pay all casts and fees. ink by the con�rtaer�eial real. estate'brokers ixn preparing their det�erminatioaa of the Tait market cent for the Lease l:'arrrel. I5. i�l�'t'ItW Any raotiee requvecl car pearnitted to be given under this �,greernent shalIl be derameci � be given avhe� �i) received nay confirmed e-mail transmission; ��) laand- rleiiveneci by ponal delivery (ini) one (7 � business day after pic3cup by pPS, Fedexal Eacpress dr sirni]ar ov�nillxt delivery senrice, (ivy when r+ec,eived gay registered or certiTred rra�ail �retom receipt requested, first -class postage prepaid);. or �v) .received by contrsx�red facsin�aiic, in either case addrrassed tea txae parties as follows: Lazndl�ord: �inchestcr- �egiorral � Authoriiy l Airport ldoad. �!%nchester, Virginia .�2�fl2 Attn: Executive l7irector Ezraail: anuel ' comes net Tenant: Thee County of Fz,ederi� V%vginia 1 �i �+ienth Vent gtY'eet "QViaachnster,'�'rgiaria 7�tit11 Attu: r✓orrrrty Adstrator Email: 'tabs fcva.us �,� �., a, °This. l.,ease shall tenure tea the beenefit of anci be taindiu a,�yon the partiies hexeto and their respective seeeessors and assigaas. b. 'This Lease shall be eonstrue�d in ce with flee laws rafor applicahle tea the Common�vealtir of Virginia. This Lwsse corntains the i'ull' and irnal a seat laetween the parties ham, � respect #a tine Tease a�`tt�e I.�rase Pal. T�sn ®d1�rd �.'"et sinaii nat he hatnnd by any t+s, cant�,itiarns, staitensnenyts, waxnx� ties, ar represe®tafi+�ns, aral ar wx�nittea�, not aantaimed hers. N� rd�naug�e ar nnadi.�nr;�tiarn of this fiasse shah v�stlid tuniess fine sanne is ins. vvrti� annd is si,gn�d by the pezfies heteta, Na waiver of atny af#he pravisiams of this I eaa�e iii be valid n�e� the saw is izn Ming gad is sigma by the �arty+�innst wvhieh it is caught to I,e egad, �"inrne is aftZna essence with rc�spaet is all pnatters set farrh in this tease. e: 'This � may be �recnnteel inn ane ar snare cauaterparts, sash af'rvhickn is damned fcs lac am anginal, and, all �af trhirh shall together eansfitute acne enn+d' the same �e „. 7Clacuments alriaimed via. facsimrile xnarhixne shall lac considered as originals, 5 time faiia si,gnatur and seals: ,r a� �, t, ” lii��, .� r � i1" ' ;� p; 1 #� IMrw �, �r "��: ,' � � �' ri �,,.,» ��, �. ,� 13y. ���a►gj �"13�nnnty �.dm�mai�aatar c. -' 91Y�"1� c.��„� .; �. ��� ���� �'T��: �. �� nn� REST Fu��is�a�u, TI����F�taa= cur�ras c�t'�esd�e�t's rr�,M Est t�u�T,a�r:� r�trt s�ow� t;�l�€t�'e�w. 2. �aur+ron�rr I�r�n�� I;; r+a� �n�u ss�a�alvrsrc�nr r,r �asz �o�c� wain ai:�cor ��� �� � �EC�RC9E0 YVPTFi T HE D�Ef; Qd= SUBdMSC�CIC� Cl� CdEE{i �3C}OCC gSS,�T PAGE 15Z AIVD USINCy GPS taiE�4�OC15 tbRIEE�pi'C =C� �"i? 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I- ,,� ... �; ' w ;�. 116 s�C�'�`H TT�AU�1(��K S'Y`1ZEET WdN�F3ESTER, "V�RGTi�A, X2601. '�'ELEPiTC7NE; �5�0) 545 -41.30 �'�: (540) 545 -4 � � 1 MY�ITAEL �. Bi�YAi�]', Es�LJILtE 'I�tgi3er q ��!� Kris �'iea�ney Assistant County AdrniaistratOr County of l�rederick i0i l�arth Kent �'treet �Jinchester, �+irgnia 2201 R1J� �wiillood station Lear Kris:. Email: rnl7ryan2 a�earthlink.net °� ���p� QC� ��� �� °� �C� ��-�, �� �� ����"� 1?llease find enclosed � copy of the revised Deed Ot` Easement aald �.estrictions which creates the avigation easement over the Millwood Station �'arcels. Please let �e lcrtow vrhen this instz°�anaent is executed by e Co�.tnty Administrator. I will go ahead and get the Airport's signature in advance o�the County signature. The Counter will. also need. to execute the Parking Let Lease once tlxe avigation easement leas been.. approved by the Board of upervlsors. "Phe Airport Autharity has already signed thas Lease. 1vlichael L, Bryan. :C'L� /pmlY .Enclosure �chsel I.. Aryan vSB #1573"7 r� s. uradaa�� sc winch�ster, VA "" )DEED CAF" ��,� 'ivT A� Sx �'T� @� is xnade this day of , 2(115, by ar�d between e �T,�t'T"� +�� ���EP�CK, "6��T�dIA, apolitical. subdivision of the Comtrxonwealth of Virginia (the "ra�t�cor ") and the �'IC�ESTE1l� �ir�J1VA. Al[ ��T A[J�`I -�'TY, a �rc�litc�.l sui�divasi�an cif ties Commonwealth of Virginia. the °`nt�� " "�. � ''� A. The {grantee is the owner ofthe 'tVinchester regional Airport ( "A�rport' "�, located within Frederick County, Virginia. B. The Crrantor is the owner of certain real property described, on "Legal Description "', attached hereto and. by This reference made a part hereof as if set out. in full �tlie �. The Property is sub�cct to certain. height lirnitations as established under the provisions of Title i �, Aeronautics and. � act, Code of Federal Regulations, Part, 7i (�tEAR #� 77 ") and as set forth in Chapter l 65, Part 771 ofthe bode of the County of .Frederic%., Virginia (��F�reericl� c,u�� "ode "). �►. The Grantor has agreed to create and impress an avigaton casern.ent upon the Property ('the "A�vigaiimn Easeea�t "), as more fiilly set forth hereinafter. E. The terms "Transitional Surface" and "F][ori�ontal. Surface" shall have the meanings as set forth in FAR Part 7�" and at�y arncndments, revisions, supplements or successor regulations. ITI�TJJSS�TH: TIdAT for and in consideration of the mutual benefits to the parties hereto, the Grantor does hereby grant unto the +Grantee an Abgation Easement, subject to the terms and. conditions set forth herein below, and in accordance with FAFt Part 77 and. the Frederick. County Code, to -wit: l . That the Grantor, for itself, its heirs, successors and. assigns, hereby grants unto Grantee for the benefit of the public in flee use and operation of the Airport, a right of the public and speci�calIy, withaut limitation "aright of owners, operators anal occupants of aircraft to use the airspace over the. Property and for all said persons and entities to cause in the navigable airspace above the Property such light, sound,, noise, srrioke and vibration. as na.aybe inherent in or related to the operation of aircraft using said airspace for landing at, taking off from, flying Aver or otherwise operating at. or about.. the Airport; and, ��h��i z. liryae� vs�a �xs�r�� �� s. �r�aa��� s� wG�a�n������, v�, �. That grantor, for itself, its heirs, successars and. assigns., and far the beneiat of the p�iblic in the use and operation. of the Airport and. the airspace abave th.c Airport, covenants and. agrees that it will not use the Property; or permit. any use of the Property, in a rr�arxer that would canstitute an abstrucdan to the passage of aircraft using the navigable airspace above the Property fear landing at, taping offfrorn or otherwise operating at ar abaut dxc Airpart, and that they will net use the Property, or permit any nse of the Property, in a manner, including casting of light. iota the airspace above the Property, which wauld present a hazard to any aircraft using e navigable airspace abave the Property far landing at, taking aff from, or atlierwise operating at or about. the. Airport. A. Far flee purpase of'this restrictian "abject" including any mabilc abject, shall mean any natural growth, ar�y terrain; any permanent ar temporary construction ar alteration ofa�ay structure, including equipment ar materials used therein; any apparatus of a permanent ar temparaay character; and alteratan of any permanent or temporary character, and alteration of any permanent or temporary existing. structure by a change in its height (including appurtenances} or lateral dimensions, including equipment ar materials used therein.. �. For the purpose of this restriction, "structure" shall mean any abject. including a mobile abject, constra�cted ar erected by man., including but net limited to. buildings, towers, communications towers, radix and television. antennae, cranes, smokestacks, earth formations, overhead. transmission lines, flag pales and ship ria.asts. C. Far the purpose ofthis restriction., "obstruction." shall mean any existing abject or structure, any future object ar structure, including a mobile object or structure, if such object ar structure is of greater height than any of the fallowing heights or surfaces, (l) The horizontal. Surface described herein or any imaginary surface of flee Airport that may be applicable to the Property, as established by FAR Part i7. The �- lorizantal urfaee located. Aver a pardon. of the Property is mare particularly described on Exhibit "A'' attached hereto and. incorporated herein by reference as if set out in full; () The Transitional. Surface described herein. ar any imaginary surface of the Airport. that maybe applicable to the Property, as cstablishecl by FAR Part. 7i, or any applicable successor regulations. The Transitional Surface located over a portion of flee Property is more particularly described an Exhibit "A" 8 [�i�tx��i If. ��yan vsa� �1s��� :16 s. �rac��ock S� iNinc�resd`er', v�, attached hereto and. incorporated. herein by reference as zf set. out in fi:�ill; {3� Any other heights ar surfaces established as standards for determining obstructions by FAR Part 7"�, or any applicable successor regulations, as such standards may apply to the Property; and. That Graa�tor far itself, its heirs, successors and. assigns, covenants and. agrees with the �rantec that for the benefit of the public in the use and operation of the Airport, they will. not hereafter establish, construct, erect or grow, or pem�it the establishment, construction, erection or growth of, any structure or vegetation, whether natural or man- made, which would penetrate ia�to or through the Horizontal 'Surface or the Transitional Surface described. herein., or any Airport clear zone, runway protection zone, approach ;zone, imaginary surface, abstraction clearance surface, obstruction clearance zone, or other surface or zone {as such zones or surfaces may ctarrently or hereafter be defined by applicable regulations of the Virginia Department of Aviation andlor. the Federal Aviation Administration, and. as stash. zones or surfaces arc shown on the documents ofthe �rantec�. Crrantor and �rantce agree on behalf of themselves, their successors and assigns that. a structure erected in such. zone or surface pursuant to, and in accordance with, a permit issued by the Virginia board of Aviation pursuant to 'Section 5.1 -25x1 of the Virginia. Code, l �'5+�, as amended or any applicable successor statute, shall not violate this restriction.. �. The grantor does hereby grant onto tlae !grantee tlae right to cut and fell all. trees which are located within the limits of the Avigation Easement as cif the e�ectation date of this Deed o�f Easement or at any later time. The grantee shall have the additional right. to cut any trees to a height of l ll' below tlac minimum elevation of the Avigation Easement so as to keep the trees below the prescribed maiimum elevation of the Avigation Easement.. . The grantor does :hereby agree to preclude and prevent the construction or development of facilities upon the Property that will. create electronic interference with the Winchester regional Airport or aircraft navigational aids, anal preclude and prevent construction or develppment of facilities that will result in directed lighting or glare from. the Property upon e Airport. THE +GRAI�TTEE Tfl HAVE AND T� H4LD such Avigation Easement. and all rights appertaining thereto under the Grantee, its successors and assigns, with the understanding and agreement that e covenants, restrictions and agreements set forth herein shall be binding upon the heirs., adnxiraistrators, executors, successors in interest and assigns of the +grantee and +Ci�rantor, and that these covenants and agreements shall run. with the laud, unless and. until the Airport is abandoned or ceases to be used as am airport. In the event, the Airport is abandoned or ceases to be used as an airport this easement shall automatically terminate w�itkaout the need o:�any fixrtl�er action. � the parties or their successors, "pi-�i T)BE� I5 B:�E�r1�'T" �rorr� the state recordatiou� taxes imposed by 'Virgir�i�. bode 5.1 -�fJ�, pursuant to "4�irginia Code 58.i -Sl 1�.A)(3). VJ�T1`�B�'S the %1�oing signatures and. seals. �. � � � � � � � BJE?.BNDA fix. GA�tT�%i, �our�ty Adrmnistrator �ora�rnon�aae�itl� off" Virginia pity /County of _, to- Davit. .���� Before rne, a %Totar� Pudic on this clay off' , 2� 1 S, appeared Brenda Ci. Gartorg, County Adx�ainistrator of County of ]Frederick, Virginia, who acknowledged, her signature to t1�e foregoing easement, dated , 2415. 1"v�y Corn�nission expires: �e�h��� �. �ry�� vs� �€xs���r � � � s. �►��aa���. st wa����5t�r, ��, rotary P�,iblc �! w �. W�'CHES'fiEP T�F�I��i�L .�RP�RT' AUTHORITY (SAL) �EREI�A iVIAIV�fJEL, Executive I7ireetor C�a�rnc�nweaith of Virginia pity /County c�� , to -wit. �3ef�are erne, a Notary Pudic an this day �f , 2�YS, appeared Serena i4lanuci as Executive Directt�r o�tk�e Winchester Region�i Airpart Authorr`ty, whc� ac�nc�wledged her signature t+� he fnregcirrg easement, dated , 2� 1 S ray �Cornrrtission expires �rlichael Tom. Bryan 'VSB 9��5737 ��6 S. �irac�dcack St snc�ester,'VA I'r ' r w eal �?�scx�iptirara �'�rc�l :All ofthat cert�%n lot or parcel of land, together with tlae improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate in Shawnee Magisterial.. District, Frederick. County, Virginia., containing 1..707 acres, rr�ore or less, designated. �� l,ot 5A on that:. certain plat titled "l�'linor Subdivision i,ot 5, Prince Frederick �7!f�ce Parr, p'laase � Instrument Nurriber 070003086" dated August 7, 2015,. drawn. lay S. , Marsh, L.S. L.S. (the "Su�bcliwisaon PIaI "�, which Subdivision Plfat is attached to anal made a material part of that certain Deed. of Subdivision and, Deed of Easements dated August 11, 2015, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. as Instniment IVo. 150007'734. T'A �1AP N+U. 64 -10 -5A Pat�+cel "I'wvmo: All of'that certain. lot or parcel of Iand, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being. situate in Shawnee Magisterial District, Frederick County, Virginia, containing 2 „455 acres, more or less, designated as i..ot 5.13 on the Subdivision Plat, which Subdivision Flat is attached to and nxade a. material part, of that certain Deed of Subdivision and Dced of Easements dated ,August 11, 21115, of record in the Clerk''s Cif�ce of e Circuit Court. of Frederick County, Virginia as Instrument No, 150007734, '' � 1 Parcel Dne and. Parcel Two are the same properiy conveyed to County of Frederick, 'Virginia lay Reed. dated. August 11, 2015, of record. in the aforesaid Clerk's Office as Instrurraent I^rid. 1.5000'7"736. Deference is made to the aforesaid instruments for a more particular description of the property herein conveyed. n�r� c:19�eedslA�rpart.Avcgatican Easeea��nt L�If'9f 15 VIicN�ael. IJ, Bryan �'S � �k15737 t� S. ��°addack st winche,�t�r, VA z I� 1 1 14 1 1 1 II I ry l 1'�e 1 II � j 14 ry l} 6 1 I I I `: II I 6 1 1 1 l I M 7 I l l l l Yy 1 it l l f§ § I I I ��� 1 1 4 j 1 4 1 1 1 1 N l §. 44 14 1 1 V § 4 1 4 -�° 1ti 4 1 1 1 4 4 1 1 V I C V� -- __ � I I§ 4 1 l t 1 1 4� �'; 1 1 4 1 4 1 4 1 1 4 1 1 �' � I I 1 4 4 1 �.1 -� -, I I I �, I I i I I I V 1 4 4 l I �� 11 4 1 1 1 u�� 1 4 1 I� 4 ry I I Y 4 I l l l l l= � '�= 14 I l l V f f l l l� I �§ 1§ i 4V I ry l l 4 §' � §h 4 1 II I f j t t y lu 1�� f l f� l II l i f l l� � iC5 j 1§ -� I I l 4 1 4� I ti ;h ry 1 G II I f 1 V l� - -� °-�— _. 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I I V� 1� 4 1 1 1! � r,°- -, � a 14 1 II �� i� 1 4 j I I� I� l 11 I j 11 it I I f 4� Y I I § I f 1 § Q , �- — '_ �� Ivry 4 1 � l 4 4 � I i � I� § II II � ,� aC � 11 1 1 v� f l§ 4 1 1 h 4 1 4 4 a ® C,� 0= � I I V I "J 1 1 1! 1 1 4 l l l f. � '� � p9 II � 4� § 1 1 1 1§ 6 I I I I^ '''x. u� i t l § 4 1 4 1 1 4 1 4 1 � I � § I � I I. f V d 4 i I � 1 § 4 �� — .._. ��. — — — — ._.._..._.......... I� � Iii I I { I � II � � � I � :'�, r`w I I f l l f l 4 1 4 1 1 f i 1�. a �11 §4 4 41 4f 1 fl 1 II i§ 4 y 4f IV �— �-- _.....�,._— �r� - - -- a '� h- I9 11 4 1 f 4 1 I 1 4 1 f 1 4 I I § 4 I I �; �� �i 1 II 1 1 6 1 4 1§ I �I 1 II� 1 4 1 4 1 6 1 1 4 4 4 4 4. �,,,` �� l I l 1 1 � § I t I 1 l A. ��� �•� I /� i�'�1��AS, the County is the owner of real property and improvements located on the south side of Costello Drive in. Shawnee lViagisterial District, containirhg approxia�r�ately f+aur (4) acres more or less anal identif ed as Frederic% County property identification numbers �4 -IQ -�A — 64 -10 -�� (the "Property „), which contains the l`�illwood Fire and Rescue Station and events center, and; W�IIE AS, the Property as situated. adjacent to the Winchester lZegonal Airport with a portion of the parking associated with. the events center located on land owned ley the Airport Authority, and W� AS„ the County and the Airport wish to enter into a lease agreement regarding terms for the use ofthe land for a parking lot as well as into a separate Deed of Easement and. Restrictions granting an avgation easernent on the &'roperty to the Airport. Authority, NCIW, 7'lF�lk�E�+"�i�;, � I"�' �S4LlI� that the Frederick County Board of Supervisors does hereby � ��ave the �'arkan Lot Lease A �reement and ,deed � Easement and Restra�ti�an ar�d authorises tl�e County Adrninistpatar to execute said agreements. A�1�P'll'l�I� this ����' day ofCctober, 215. Richard C, Shickle l�obert W. Wells Charles S,1�eHaven, Jr. Jason E. Ransom. Gary A. Lofton `' � � � Gene F. Fisher l�.esalution r�uthori�ing �xeeutian of o "awkin fox ,ease Agreement and deed of �aseinent and Restrictions between the bounty of Fret�eric�C and the �inehester fltegional Ai�p�or# Authority ward of �uprervisors 14'Ieeting of i.?ctaber 2$, X015 Puge 2 .. � � ; Brenda G, Garton Clerk, hoard of 'S�pervisors County ofl�r�derick, Virgznia �.esoluti+an Rio.: 0� I -15 410 Cod CONDITIONAL USE PERMIT #02 -15 w �� JAMES AND SUSAN BROWN �� � � Staff Report for the Board of Supervisors w � � � Prepared: September 24, 2015 ,�;;;a Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 09/16/15 Board of Supervisors: 10/28/15 Action Public Hearing Held; Recommend Approval Pending EXECUTIVE SUMMARY: This is a request by James M. Brown and Susan K. Brown for a Conditional Use Permit for a Kennel -Dog Breeding. If the Planning Commission feels the kennel to be appropriate, staff recommends that the following conditions be attached to the CUP. 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the breeding of dogs on this property. 3. No more than twenty (20) adult dogs shall be permitted on the property at any given time. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. 7. Any proposed business sign shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #02 -15, James Brown and Susan Brown September 24, 2015 LOCATION: This property is located at 719 Barley Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 61 -A -23 PROPERTY ZONING &PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING &PRESENT USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant PROPOSED USE: This application is for aKennel -Dog breeding. REVIEW EVALUATIONS: Virginia Department of Transportation: There does not appear to be any traffic impact with this request. We have no objections to the homeowner using this facility for their own kennel facility. Should McKenzie's Doodles expand this facility to a boarding kennel or a grooming facility to the public, VDOT would like to revisit this request for possible commercial entrance improvements. Frederick Countv Fire and Rescue: Plan approved provided that a 5# ABC Multi- Purpose Fire Extinguisher be available no further that 75'awa Frederick County Fire Prevention Code 906.3 Size &Distribution. Also at least 1 smoke detector shall be in each of the structures. Frederick Countv Inspections: Conditional Use request for use of dwelling as kennel. The area utilized shall comply with The Virginia Uniform Statewide Building Code. Permit is required to renovate large building. Please submit floor plan with a building permit application. Mechanical air change shall be provided as required per International Mechanical Code. Accessible parking shall be provided per ANSI A117.1 -09. Accessible route from parking area /unloading to kennel entrance shall be provided. Cost of Accessibility shall not exceed 20% of the cost of renovations. Anchorage shall be provided for accessory structures, at least one on each corner. Electrical feed to building shall be installed per code and will require an electrical permit. Final inspection /approval with certificate of occupancy shall be issued prior to new use Page 3 CUP #02 -15, James Brown and Susan Brown September 24, 2015 of the facility. Winchester- Frederick County Health Department: The Frederick County Health Department has no objections as long as canine excrement is properly disposed of. If canine excrement is being disposed of with human excrement into an existing or purposed sewage disposal system, an engineered plan is required to be submitted to this office. If canine excrement is disposed of in any other method, the EPA would need to be contacted. If any failures arise to the current sewage disposal system due to the minimal increase of human visitors, please contact the Health Department. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP) [Code of Frederick County §165- 401.03.K]. This proposed use will take place on a 154.75 + /- acre parcel; surrounded by properties that are zoned RA. The 2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County to remain rural in nature and the property is not part of any land use study. The Zoning Ordinance defines a Kennel "As a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation." The Zoning Ordinance requires that kennels be subject to additional performance standards in order to mitigate negative impacts to adjoining residential properties to include, all dogs to be confined within a secure structure and a Category C Buffer. This application would only enable the breeding component of the kennel use. The applicant will be utilizing a 34x12 foot enclosed kennel for adult dogs, a 12x24 foot building for storage, and two 10x16 foot enclosed kennels for whelping and weaning in the rear of the property. There will be a fenced area for the dogs, to the rear of the residence. The kennel is located in the middle of the 154 acre parcel, adjacent to the existing residence. The applicant has indicated that no more than twenty (20) dogs will be on the property for breeding. All dogs must be confined indoors with the exception of when they are walked or exercised, and will not to be let outdoors prior to 8:00 a.m. Dogs must be confined indoors by 9:00 p.m. There will be no employees with this proposed kennel. This proposed kennel will not be used for boarding of dogs. The customer base will be no more than ten (10) families 10 -12 times a year to see and pick -up the dogs. Theses visits will occur on Saturdays from 10:00 a.m. to 5:00 p.m. these visits will be scheduled as appointments by the applicant. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately 500 to 1,000 feet from this proposed kennel. Therefore, the intent of the Category C Buffer can be met, as 400 feet is required for a no screen Category C Buffer. Page 4 CUP #02 -15, James Brown and Susan Brown September 24, 2015 STAFF CONCLUSIONS FOR THE 09/16/15 PLANNING COMMISSION MEETING: If the Planning Commission feels the kennel to be appropriate, staff recommends the following conditions be attached to the CUP. 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the breeding of dogs on this property. 3. No more than twenty (20) adult dogs shall be permitted on the property at any given time. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and are not to be let outdoors prior to 8:00 a.m. 7. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 8. Any expansion or modification of this use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/16/15 MEETING: Staff presented an overview of the proposed CUP #02 -15. A Commissioner inquired should condition #3 read; no more than twenty (20) adult dogs shall be permitted on the property at any given time, rather than twenty (20) dogs and puppies. Staff clarified that is correct, and after discussion with the Applicant and the Commissioner for that district this change was agreed upon by all. The Applicant came forward to answer questions, and there were no questions at this time. There were no citizen comments, either in favor or opposition. The Planning Commission voted unanimously to recommend approval of the CUP, with the following conditions: 1. All review agency comments shall be complied with at all times. Page 5 CUP #02 -15, James Brown and Susan Brown September 24, 2015 2. This CUP is solely to enable the breeding of dogs on this property. 3. No more than twenty (20) adult dogs shall be permitted on the property at any given time. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. 7. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 8. Any expansion or modification of this use will require the approval of a new CUP. Following the requisite public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 'IEW O Applications Q Parcels � Building Footprints B1 (Business, Neighborhood District) B2 (Business, General District) +°tea B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ��� HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) �%��� MH1 (Mobile Home Community District) / / / / //� MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) O�J"�� RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) \. � ;j �� t .r` ! �a o�, CUP #02 -15 James M. Brown Susan K. Brown PIN: bl -A -23 Dog Breeding Kennel Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: August 24, 2015 Staff: mcheran 0 550 1,100 2,200 Feet m� tmaustnai, t.ignt uistnct� M2 (Industrial, General District) �%��� MH1 (Mobile Home Community District) / / / / //� MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) O�J"�� RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) \. � ;j t `j .r` A �,.�,a. ; CUP #02 -15 James M. Brown Susan K. Brown PIN: bl -A -23 Dog Breeding Kennel Note: Frederick County Dept of Planning &Development 107 N KentSt e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: August 24, 2015 Staff: mcheran 0 160 320 640 Feet 11. � � s-� rr ---�,� � �� s .� � E dJ a Please use this page for your sketch of the property. Show proposed and/or existing. structures on the property, including ;`'measurements to all property lines. SCE'_ ��'�� �� U ^' dam, l.�Y � ,�- �� �. ____- 8 `i' ./ �; Submittal Deadline � � � I P/C Meeting � � � i 5 BOS Meeting l i �� APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA __ - _ 1. Applicant {check onel: Property Owner �_ Other �� NAME: � `,rb�a� fig �_ [7u?� S,�s =fin. % i i���.%�1 !`�i� �fi� -i ii,:€;�Ti�f�, ADDRESS: � ,� j `'� �J' �- � � (,�, , � � �` � / TELEPHONE: ,�� - ,-�°� e'i _` � l `� - � S � �.� 2. Please list all owners, occupants, or parties in interest of th� property: � j � /enbe�� �- s._,, .� 3. The property is located at: (please give exact directions and include the route number of your road or street) r t ��`� 1�uq �� L��. � �rn �;`vi�� 1` ! i �'1 4. �� Q �,ris.t� �. J� !Y`E+. � [.G; /A }� c�� � �'1:'�J ij rCd S% t� ,� 1 � i 0 ' �-� '`P I Y=t � e �' to .. r" The property has a road frontage of, -;(� � � � feet and a depth of , 3 �� � feet and consists of � s y. %�cres. (Please be exact) 5. The property is owned by �� �.� � �. as evidenced by deed from � r �; �- � � l � [?Ae ����� =�'„ �.. (previous owner) recorded in �„��' no.u'����� �� page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identificat Magisterial District Current Zoning �' .I.N.)�'` � ' � � T ��� i\ E j �' i "� 12. Additional comments, if any: � �-� 1 a � ! t� w �, P -,;,:, �� � � �- I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner r Owners` Mailing Address ( �I 4j�� aC. �. �� � (,�.I:11 ��ts ��� �f ��. �����( .' �F; .5 �'� --- j �� - Q � � � Owners' Telephone No. �9 �' �_ .-- TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: D �Cxt11t� (Y� � tbw 7 Adjoining Property: USE North �- East � � South ' �s . West ���. --7 ZONING �� 8. The type of use proposed is (consult with the Planning Dept. before completing): 9. It is proposed that the following buildings will be constructed: t� ✓�C i��`n �> > r'.� .�J� � �t?S i� _� �J����.SC J� /���a, u:?�i �����{��r�cz'r� 11 �-y.� / ; 1 LV" c' 7SSUi �...� '"i�C�.'r� ��i ;�i; -tS c?'r1c_ fi-C'��;Ci�� ,.= �fzt7i � �a�PrB'r�'� G+�'�,c.`= �c/�.�5 1 � ,.' 10. The following are all of the individuals, films, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identijfication Number Address Name �' � t1 G � � � �:,! (er t�. 1� .'�� �.1' �' J .� �oa � � `�` �- I`� - 2 2 (� U � Property # v � — � -- '� L Name s,J` f1„i �� {� � . �.� :� x, � .j v � j Lam) .q�. �4�'�` r''j +/�i i '� 'Z � �' `s� Property # � ( '- � rte- D Name ..1�?nc: � Cam. '� !"'�sr e:.• x-- s ti .�° i� r a ��'"i'� � �� � l�� • ; �� / 7,?'.� f Property # �Q -- �-- �.' r Name w�xr� �.t1 q 1 1 �'l `� �in � -��W�� /�(1an.�r �f �/�i z. n rl �� U'� . � j � i',,�� — 3 � � �. Property # %_ —� _ f ,f�''" � Name �0�; �,'�r� �. `�'�ie��� �. �'.�S �r � 4O � ����A t.�� � 1.c1 �. � � ��.5�� > n�c� ru' L' Property # �� _ � "' � °" �� Name � ....t i � � �. �� � � .S 2 315'°` � � � J �}' �i'fiJ�'r � � i�� "� c.¢�? � �� i„1 Property # �� •— �t —.- g � Name � fl .� Lt�;�€��: � s\ r-� � � t c ,,.�. �.. � % � � � u �' � � G •`� c1� �� i t� �, n L � •2 S ? e J � ✓ `-a . i 2 E; U �. Property #- "� � — � .. z �� � D Name and Property Identification Number Address f�' ,� ,,j_, Name � L � �' 7 rU' � /' 1: i � �.. r7 � '� % �j�% � � �-,cz , � ;�r'; t:.�� .�.. tea'. . .����� �J� ' Pro e # Name ,� �.� L- � j° � • y`�a � � .5 ��' j �' c S` �.. �? • ' . � i.� j 'c r f t,i "rte' �-s C � Property # �% ._ �? �_ � ,+`i d f �"° Name � �� � � � • � � ;� 2 � °� . � •, �, e��- �s�'e•r�. t� � . � � � �!''� Property # '��'` --� f,'J ���� r Name � � 1�� /1 �;�; �. �� ; C t" s r r � � � - c� .� �� �. (,C: � r'� � �� TE ,� �_'�� , ,�, „� � � �. Property # � � r f-- � � `� ( ' ! i Name � , �� aka �. �� : .-• 1'!�� sue. , ,�% lOt u 1+� �" , � {" /F : c'ar't ` ?.• I LtJ •..°� L h�.s` � � �: � � +iJi ;`. . Z � s ° -� � . Property # � � °°. a:7r � e 1 P % (R w � Ly 1 Y �^� F^�T /• j .✓ Name C✓' �° ilJ1 , � I L l �-f F �R f � L. �`r1% t/ �C l ' - 3 � `� /� f� �+ � � ` >• c, �.� _ �'\r'�1 'v'�i , ;Z. 'Z (1:� 1'_. Property # � > t-� -- � � � �..-, Name � � ��'�� ; � � !e �� rr°.S ,�- n,'_.. � , -� � `-� 13 c� r' � ��� �-- r� _ j , � : r., L. �.�s'�"'�� �� �' � :� 2 ��: v �. Property # �� ...- �` .,. � � Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning &Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540 - 665 -6395 Phone 540 - 665 -5651 i Know All ,M-�en By Those Present: That I (We) (Name) i' <u..�°' %.(� a �� ��C.�'EC�� � , .�-i'� (Phone) �P t�^ �'v� � c� �"I Address n / the owners) of all those tract r parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. �� L� �� ��'� �`' � � 1on Page � ,and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute�aynd appoint: �� 7 � � �� (Name) �! � -� 4 �`�' � � (..1 fC j 7� � � (Phone) Ll ��� _�J � Z (Address) � C � t � G'fC- � 2 �� ��" , �L /Tdl C'G/�S� f °_' I�/`� � Z�' �, 1` To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit _ Master Development Plan (Preliminary and Final) _ Subdivision _ Site Plan Variance or Appeal _ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. �, In witness tl�ere�f, I (we) have hereto spy my (our) hand and seal this � day of, 20.0 I S, e-, �% Signature( Sta�te�ofiVir�xfia, City /County of , To -wit: I, `•f �(,��'V2t�?� ��� ��� _�� �? ���, a Notary Public in and aforesaid, certify that the persons) who signed to the foregoing instrument personally and has �knowledged the dame before me in the jurisdiction aforesaid this � tld ��J rr )) �� ��- �y��a.C.� -p �•, �J ..�. � c `•-- My Commission Expires: Notary Public Revised 3/17/08 for the jurisdiction a eared before me �� 2o/s . F�A���a,_H cJ�:errR NU�rAH�; P!'BLtT REGi�v w���,,.. MY CCJMh� iS�rH tJ��R��NIA DECEtvig -F��PJ EXPIRES `�'x"x�,, ;�,.:, i .i 1, 2 017 RESOLUTION Action: PLANNING COMMISSION: September 16, 2015 - Recommended Approval BOARD OF SUPERVISORS: October 28, 2015 ❑ APPROVED ❑DENIED RESOLUTION CONDITIONAL USE PERMIT #02 -15 JAMES AND SUSAN BROWN WHEREAS, Conditional Use Permit #02 -15 of James and Susan Brown, submitted by James M. Brown and Susan K. Brown for aKennel -Dog Breeding facility was considered. The property is located at 719 Barley Lane. The property is further identified with Property Identification Number 61 -A -23 in the Back Creek Magisterial District. The conditional use is a permitted use in the RA (Rural Areas) Zoning District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the conditional use permit on September 16, 2015, and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on October 28, 2015; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this conditional use permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #02 -15 —James and Susan Brown for aKennel -Dog Breeding facility is permitted on the parcel identified by Property Identification Number (PIN) 61 -A -23 with the following conditions: PDRes #38 -15 1 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the breeding of dogs on this property. 3. No more than twenty (20) adult dogs and shall be permitted on the property at any given time. 4. No employees other than those residing on the property shall be allowed. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m. 7. Any proposed business sign shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 8. Any expansion or modification of this use will require the approval of a new Conditional Use Permit. Passed this 28th day of October, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert Hess Gene E. Fisher Robert W. Wells Charles S. DeHaven, Jr. Jason E. Ransom A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #38 -15 2 REZONING APPLICATION #05 -15 HIATT RUN CONDOS, LLC Staff Report for the Board of Supervisors Prepared: September 25, 2015 (Updated October 9, 2015) Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/15 Recommended Approval Board of Supervisors: 10/28/15 Pending PROPOSAL: To rezone 3.00 acres from the RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located on the eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761). EXECUTIVE SUMMARY &PLANNING COMMISSION RECOMMENDATION FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING: This request to rezone three acres from the RA (Rural Areas) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations on the residential use of the property provided in the Applicant's proffer statement (the Applicant has proffered that no residential structures are to be located on the property), and the adjacent residential development, recently approved by the County, into which this property has been adjusted. The adjacent residential development is the Hiatt Run Condominium project. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the environmental and recreation land use components of the application are in line with the 2030 Comprehensive Plan and the most recent McCann - Slaughter Amendment to the Northeast Land Use Plan. The maj ority of the subj ect property is currently zoned RP (Residential Performance) District. This three acre minor portion of the property was recently incorporated into the property by a Boundary Line Adjustment. Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated into the property) was approved meeting all County standards. The subj ect property is also located within the Sewer and Water Service Area (SWSA). The rezoning application with its proffered conditions, appear to be an appropriate land use. The Planning Commission did not identify any issues or concerns with the request and recommended approval of this request. Following the required public hearing, a decision re�ardin� this rezoning application by the Board ofSupervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. Rezoning #OS -15 Hiatt Run Condos, LLC October 9, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/15 Recommended Approval Board of Supervisors: 10/28/15 Pending PROPOSAL: To rezone 3.00 acres from the RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located on the eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44 -A -17 PROPERTY ZONING: PRESENT USE: Vacant RA (Rural Areas) District ADJOINING PROPERTY ZONING &PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agriculture South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant/Agriculture West: RP (Residential Performance) Use: Residential Rezoning #OS -15 Hiatt Run Condos, LLC October 9, 2015 Page 3 REVIEW EVALUATIONS: Public Works Department: We do not have any comments concerning the proposed rezoning. Frederick Countv Park &Recreation: Parks and Recreation supports the proffers identified in the rezoning request. Frederick Countv Attorney: Please see attached letter from Rod Williams, dated August 11, 201 S. Planning &Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subj ect parcel as A -2 (Agricultural General) District. 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 subj ect property and all other A -1 and A -2 zoned land to the RA District. In 2015 a Master Development Plan MPD #04 -15, the Hiatt Run Condominiums Master Development Plan, was approved by the County that enabled the development of 120 units contained within eight garden apartment buildings. A Boundary Line Adjustment Plat was approved that incorporated this three acre parcel into the Hiatt Run property on July 29, 2015. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA). It is located outside of the Urban Development Area (UDA). The 2030 Comprehensive Plan identifies the general area surrounding this property with a Developmentally Sensitive Area (DSA) designation, and in the area immediately east of this property, with an OM (Office Manufacturing) District land use designation. In general, the proposed residential land use would be inconsistent with the current land use plan. However, it is recognized that the proposed residential project immediately to the west of this three acre property was rezoned and master planned for residential uses with the approval of the County, (this property was previously within the UDA). Further, the proffered recreational context and environmental preservation proposed for this property would be consistentwith the current land use supported by the Comprehensive Plan. As noted, the Northeast Frederick Land Use Plan Rezoning #OS -15 Hiatt Run Condos, LLC October 9, 2015 Page 4 continues to promote such environmental and recreational land uses in this area through the DSA designation. Careful consideration was given to ensure that no additional residential density would be permitted based on this rezoning and that no residential land uses would be permitted within this area to be rezoned. This would be inconsistent with the land use plan. As proposed in the proffer statement, no residential buildings will be located on these three3 acres. Therefore, no additional residential density may be gained with the rezoning of this property. It should be recognized that uses accessory to the residential development would still be permitted if this property is rezoned. As noted in the proffer statement, this may include a community center, manager's office, parking, garages, open space, and recreational amenities. 4) Potential Impacts Site Access and Transportation. Access to the site will be via the Hiatt Run Condominium prof ect immediately to the west and more specifically, through the two entrances shown on the approved Master Development Plan for Hiatt Run Condominiums. Environment. Hiatt Run, a tributary to Opequon Creek, flows through the southern portion of parce144 -A -17. There is a zoning ordinance requirement for a riparian buffer along natural waterways in Frederick County. No development or land disturbance is permitted in a riparian buffer, other than the recreational area and trails within the open space for this development. Floodplains also exist on the property. 5) Proffer Statement A) Allowed Uses: The Applicant has proffered that the three acres that will be rezoned will not contain any residential uses. In addition, all other uses in the RP (Residential Performance) District have been excluded with the exception of a community center, manager's office, parking garages, open space, and recreational amenities. B) Access Management and Transportation: The Applicant has committed to utilize for access to the property, the two entrances shown on the approved Master Development Plan for the Hiatt Run Condominiums, MDP #04 -15. Therefore, there will be no additional access to this site via McCanns Lane or Martinsburg Pike. C) Site Development: The Applicant has proffered to construct a public hiker /biker trail, the location of which is shown on the Generalized Development Plan for this site included in the proffer statement. The public trail is actually located on the adjacent property within a proposed 20' easement. In Rezoning #OS -15 Hiatt Run Condos, LLC October 9, 2015 Page 5 conjunction with the trail, a fence will be constructed by the Applicant. It is recognized that the trail and fence will be conducted in two phases; Phase One to be completed by July 1, 2018, and Phase Two to be completed by July 1, 2021 or prior to the final Certificate of Occupancy Permit of the 120th apartment unit in the Hiatt Run prof ect located on this property. STAFF CONCLUSIONS FOR THE 10/07/15 PLANNING COMMISSION MEETING: This request to rezone three acres from the RA (Rural Area) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations on the use of the property provided in the Applicant's proffer statement and the adjacent residential development, recently approved by the County, into which this property has been adjusted. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the environmental and recreation land use components of the application are in line with the 2030 Comprehensive Plan and the most recent McCann - Slaughter Amendment to the Northeast Land Use Plan. The maj ority of the subj ect property is currently zoned RP (Residential Performance). Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated in to the property) was approved meeting all County standards. The subj ect property is also located within the Sewer and Water Service Area (SWSA). Any issues brought forth by the Planning Commission should be appropriately addressed by the applicant. EXECUTIVE SUMMARY &PLANNING COMMISSION RECOMMENDATION FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING: This request to rezone three acres from the RA (Rural Areas) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations on the residential use of the property provided in the Applicant's proffer statement (the Applicant has proffered that no residential structures are to be located on the property), and the adj acent residential development, recently approved by the County, into which this property has been adjusted. The adjacent residential development is the Hiatt Run Condominium project. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the environmental and recreation land use components of the application are in line with the 2030 Comprehensive Plan and the most recent McCann - Slaughter Rezoning #OS -15 Hiatt Run Condos, LLC October 9, 2015 Page 6 Amendment to the Northeast Land Use Plan. The maj ority of the subj ect property is currently zoned RP (Residential Performance) District. This three acre minor portion of the property was recently incorporated into the property by a Boundary Line Adjustment. Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated into the property) was approved meeting all County standards. The subj ect property is also located within the Sewer and Water Service Area (SWSA). The rezoning application with its proffered conditions, appear to be an appropriate land use. The Planning Commission did not identify any issues or concerns with the request and recommended approval of this request. Following the required public hearing, a decision re�ardin� this rezoning application by the Board ofSupervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised: Magisterial District: RZ # -15 Area: 3.000 acres Tax Parcel 44- (A) -17 Hiatt Run Condos, LLC Hiatt Run Condos June 24, 2015 September 10, 2015 Stonewall 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 owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -15 for rezoning of 3.000- acres, as shown on the Generalized Development Plan and Plat of Record as instrument 150008123, from the RA (Rural Areas) Districts to RP (Residential Performance) 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 owner and such are approved by the Board of Supervisors 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 owner and their legal successors, heirs, or assigns. The Property are more particularly described as the lands conveyed to Hiatt Run Condos, LLC, from SEI Winchester, LLC, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150000684 dated January 27, 2015, from Vincent L. Lord and Lila T. Lord as recorded in the Frederick County Circuit Court Clerk's Office as instrument 150003035 dated April 7, 2015, and from McCann Family Land Trust as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150008123 dated August 11, 2015. Proffers: Residential Density a. The three (3.000) acre portion of the site shown on the attached Generalized Development Plan as "3.000 Acres to be rezoned from RA to RP" will not contain any residential buildings. All uses for RP on the referenced three (3.000) acre portion of the site are hereby excluded except for community center, manager's office, parking, garages, open space, and recreational amenities for the development. 2. Transportation a. The owner hereby proffers to utilize only the entrances shown on their approved Master Development Plan "Hiatt Run Condominiums" #04 -15. 3. Trails a. The owner hereby proffers to construct ahike -biker trail with fencing in two phases, to be used by the public, in a 20' easement on the adjacent property, tax parce144- (A) -40. See detail on Generalized Development Plan (GDP). All physical maintenance of the trail, including the fence, shall be the responsibility of the owner, its successors and assigns, and shall be expressly set forth in future deeds of conveyance of the property. i. The first phase will begin at McCann's Road (Route 838) and extend in a northerly direction for at least 1750'. This portion will be constructed by July 1, 2018. See GDP. ii. The second phase will complete the remaining 2450' per the attached GDP by July 1, 2021. All of the trail shall be constructed prior to the final occupancy permit of the 120th apartment unit. �a The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. 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 and Ordinance. Respectfully Submitted: By: . Scott S. Rosenfeld, manager Hiatt Run Condos, LLC Commonwealth of Virginia, City /County of ��de � ` � To Wit: `� - � � - `� The foregoing instrument was acknowledged before me this By W �. n �Z�V l O � � � J � �� Notary Public Registration Number Date L day of , 20 ! � My Commission Expires � .� /- / ,• • NOTARY•••�Q PUBLIC •• � * �• REG. #365941 : >4 _ n � MY COMMISSION �'•, EXPIRES Q :�4•• • rai ,•'•G�: ��'��FALTH OF�\�`��` '����0aaa a a������ xv� rooe -ses rotsl �,na�rne�aur JInM�a�9 tr -,aj� � _ __ .,j eiui6.ii� �fauno� �.�,uapa�� a.�,uasip �euaasi6eW ��eMauoag °�v�jW �N��� ;i o o ;j J�O i00Z -L99 (Obs) £09ZZ H� '�a)sayauiM c °"���" ; I � ¢' U � � ^� � o veoa vnvvaa sto r mj�v��OOWtiv¢hO�OZ�w� O;i ONINOZ�2/ �?70 d 000 '�' ~I � �� I � 6u!�jnsuo� pua 6u!r(anans pue� W�i� � I �o�`��Q����Qm�m�Q� °W �� � 1 'aul `a�loMliaa� .�� '!! / 077 'SOON00 Nn?711 b'IH ;i+ w w J .. � z / ;i � a a m - - -� 210 Nd7d 1N3Wd073n30 03ZI7b'N3N39 o c�i� o ° � `� i i I�� �Qti ' i � / �, JQ- ,'ti a �Q� / !fie / � � / / i� %� / � � w // i/ i i z �p°�~W �oo�aQ a. c °ozo� m v ������ � � ti T l —��� �' I �� tr -,aj� � _ __ .,j I / °�v�jW �N��� ;i 1 I ¢'s��Q �o �� ;j \ � c °"���" ; I � ¢' U � � / ! \ �I � I !�� \ WI °I mj�v��OOWtiv¢hO�OZ�w� O;i ��� �,_ ROUTE 761) LESTOWN ROAD � _ , ODD CNA i - - - -•- -•- •- • -•_•- / PHASE Z i i I i i �� ti � w � � _ � � v —�` z__� � � w � Ow � � � �� I I �� � � i �- *i I- I �. / I /ii � ;j � I �I ¢� W� �i � w> w w `o W ��� W �ti~�s� �� W W�> O �� � � I � pl mOw�F� Z: Oti¢wZw�Z �n� Z�WZvv°�Qm�m~�m¢ ¢;!� �;jcn 1 o OJI i,�o¢�o�w�x ¢m�w,�,ow V � / � / m'�cn¢ti�Z¢mW,�OcnO¢OZ,,OC� O�i / °I mj�v��OOWtiv¢hO�OZ�w� O;i / ~I Z��pNWwW�Z�°gOp�UmW� W �!� I � ZZ W r��jJU' p W �a O����W QI�� W�i� � I �o�`��Q����Qm�m�Q� °W m ; i _`" I = / IN I � �n � � ?jam i ¢ g w/ � / V � �� � � / ¢ � ° ;I�s� �ti � / °° ; i� M /;I� ¢ O ; i o C� �� � 1 i � `° / ;i+ i / 'I / ;i / � � - - -� ! �/ — — � (as8 31nob� oeo� sNNeo�w � � w i i ��w =�Q ¢�zm�z / _ � � J � ~ O O � � Q / � Om� >O Q � � > / � Q ¢ � ¢ � ¢ > >vW� W Rp�JCw.� ti Q � � � Z 37N33 77b2l1 03/1 dd ,07 30 3NIRI31N3D x W W w z w 0 a N o \° rn a Qa `¢^ v �i g z m wo O �n N m N O .. pW Z � �o z~ ¢O ti COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 TO: Gary Oates GreyWolfe, Inc. FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments: Hiatt Run Condos, LLC Rezoning. PIN 44 -A -17. DATE: August 17, 2015 The following comments are offered regarding the Hiatt Run Condos, LLC Rezoning Application. This is a request to rezone 3 acres from RA (Rural Area) to RP (Residential Performance) with Proffers. The review is generally based upon the proffer statement dated June 24, 2015, and the Impact Analysis Statement dated June 29, 2015. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General 1) The submission fee for this application would total $10,300.00, based upon acreage of 3 acres. T .anrl T TeP 1) The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA). It is located outside of the Urban Development Area (UDA). The 2030 Comprehensive Plan identifies the general area surrounding this property with a Developmentally Sensitive Area designation, and in the area immediately east of this property, with an OM (Office Manufacturing) land use designation. In general, the proposed residential land use would be inconsistent with the current land use plan. However, it is recognized 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 Hiatt Run Condos, LLC Rezoning August 17, 2015 Page 2 that the proposed residential project immediately to the west of this 3 acre property was rezoned and master planned for residential uses with the approval of the County (this property was previously within the UDA). Further, the recreational context and environmental preservation proposed for this property would be consistent with the current land use supported by the Comprehensive Plan. As noted, the Northeast Frederick Land Use Plan continues to promote such environmental and recreational land uses in this area through the DSA designation. Careful consideration should be given to ensure that no additional residential density would be permitted based on this rezoning and that no residential land uses would be permitted within this area to be rezoned. This would be inconsistent with the land use plan. As proposed, no residential buildings will be located on these 3 acres. However, uses accessory to the residential development would still be permitted if this property is rezoned. Ultimately, the Board of Supervisors will determine if this proposal to rezone the property to residential to allow uses accessory to the residential uses would be appropriate. Impact Analysis and Proffer Statements Please address the following items from the Impact Analysis and Proffer Statements prepared for this Application. 1) Please provide a plat of rezoning showing the metes and bounds of the area being rezoned. 2) Please revise the Impact Analysis and Proffer Statement to be specific to only the three acres. This would help avoid any confusion when discussing the request. 14.88 acres is noted. In addition, improvements are proposed, and the GDP identifies, improvements on the adjacent property to the west. 3) It would be helpful to discuss the adjacent residential project in the Impact Analysis in a separate section and describe what the approval of this property would enable the residential project to provide that it would not be able to if this parcel was not included. 4) Within the 3 acres, it would be helpful to understand the amount of physical development that would occur, including areas of structures, any kind of buffering that would be proposed or required, setback areas, and area within the floodplain. 5) The sections on Comprehensive Planning and Historical Impact should be updated based upon the McCann - Slaughter revision to the 2030 Comprehensive Plan. 6) The right -of- -way dedication on the north end of the property should be identified as part of this request. It appears as though the anticipated right -of- -way along Route 11 is consistent with that envisioned for the McCann - Slaughter project Hiatt Run Condos, LLC Rezoning August 17, 2015 Page 3 which has yet to be submitted. 7) The Proffer Statement appears to include language describing the adjacent project and details about an agreement between property owners. This should be limited to the extent possible within the proffer statement. 8) With regards to the Proffer Statement, I would suggest the following: i. Proffer 1. should just address land use on the 3 acre property and not include the first two sentences. ii. The GDP should be specifically identified and proffered. This could also be located in a land use section. iii. That any commitment to proffer improvements on an adjacent property includes recognition from that property owner in some form. iv. The phasing of any improvement is realistic in time frame and its completion tied to final Certificate of Occupancy for the project that it is associated to and in this case the residential development. Otherwise, this is merely copying a commitment that maybe made by others in the future for credit with this application. In conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. 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"W "�.�� w x �.�. arc sou a��x ��� «H�,�,rc,��, �,. _ _ �B C,itU �%3i��� ��li .{��"k��d��� ��. �m��i�oruks�� �, Ca�r�a 6tap.rry ";��tt^�P SGT �� �e „cn� Sd F�B�: ,5tki9aa ��7' � ��+���,� _ 17 '�"irx�cot�s�c!a:'v�, ��6��9 k ".P, dpi �F' ��u'! - � Fa r - �"FaS�'V NtCc4:> � r�aH��. 5���a'h�w�t�6:�s�r � �, 2�:1 E ���ad'f: r�vr�u�c�r;�y %�PPlications Parcels � Building Footprints \. 4 �} t `j �� a.y { ,� ; REZ #05 -15 Hiatt Run Condos LLC PIN: 44 -A -17 RA to RP Note: Frederick County Dept of Planning &Development 107 N KentSt e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: September 14, 2015 Staff: mruddy 0 160 320 640 Feet m� tmaustnai, t.ignt uistnct� M2 (Industrial, General District) �%��� MH1 (Mobile Home Community District) / / / / //� MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) O�J"�� RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) \. 4 �} t `j �� a s { ,� ; REZ #05 -15 Hiatt Run Condos LLC PIN: 44 -A -17 RP to RA Note: Frederick County Dept of Planning &Development 107 N KentSt e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: September 14, 2015 Staff: mruddy 0 160 320 640 Feet REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid $ t �; � LG� . �`J Zoning Amendment Number �'� `.� d � � Date Received � � t i � � PC Hearing Date �`� BOS Hearing Date�� ._�. The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. -Gary R. Oates Telephone: (540) 667 -2001 Address: 1073 Redbud Road, Winchester, VA, 22603 2. Property Owner (if different than above): Name: Hiatt Run Condos, LLC Telephone: (540) 247 -6218 Address: 821 Apple Pie Ridge Road Winchester, VA 22603 3. Contact person if other than above: Name: Gary R. Oates Telephone: (540) 667 -2001 4. Property Information: a. Property Identification Number(s): 44- (A) -17 b. Total acreage to be rezoned: 3.000 acres c. Total acreage of the parcels) to be rezoned (if the entirety of the parcels) is not being rezoned): 14.488 acres d. Current zoning designations) and acreages) in each designation: 11.488 RP, 3.000 RA e. Proposed zoning designations) and acreages) in each designation: 14.488 RP f. Magisterial District(s): Stonewall 12 5. Checklist: Check the following items_that have been included with this application.. Location map Agency Comments Plat _ _ Fees _ _ Deed to property _ _ Impact Analysis Statement _ Verification of taxes paid _ _ _ Proffer Statement _' _ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Scott S. Rosenfeld, manager James Haslle, member 7. Adjoining Property: PARCEL ID NUMBER 44- (A) -7, 8, 11,13,14,15, 16 44- (A) -40 44- (A) -12 44- (A) -18, 20, 24 USE Residential Agricultural Industrial Residential RP RA M -2 RP ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761) 13 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: � Non - Residential Lots: � Office: Retai I: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: � Multi- Family: � Mobile Home: � Hotel Rooms: � Square Footage of Proposed Uses Service Station: Manufacturing: _ Warehouse: o Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of- -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): � /C.,, r<7� Date: C "Z`� "�� Date: Owner(s): 14 Date: "� � ' � � Date: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning &Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Scott S. Rosenfeld, manager for Hiatt Run Condos, LLC (Phone) 540 - 247 -6218 (Address) 821 Apple Pie Ridge Road, Winchester, VA 22603 the owners) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 150000684 on Page ,and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Gary R. Oates, LS -B, PE (Phone) 540 - 667 -2001 (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: __Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) �_Su bdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this d�IL day of �ul� , 20 � , Signatures) State of Virginia, �3' /County of �c —,�j� , To -wit: ��-�S�1�rc \d I,� �,, � \��;�GK \PS-- , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foreboing instrument personally appeared before me and has ackn edged the same befor me in the jurisdiction aforesaid this ��day of t,�(le , 20 I�� . o _ __ My Commission Expires: � � 'i � otary Publtc Impact Statement For consideration of Rezoning the lands for Hiatt Run Condos, LLC Stonewall Magisterial District Frederick County, Virginia June 29, 2015 Revised: Sept. 10, 2015 Tax Map Numbers 44- (A) -17 Land to be Rezoned: 3.000 acres Owner of Record: Hiatt Run Condos, LLC 821 Apple Pie Ridge Road Winchester, VA 22603 (540)247 -6218 Contact: Gary R. Oates, LS -B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667 -2001 ofc (540) 545 -4001 fax Hiatt Run Condos Introduction The site is located on the eastern side of Martinsburg Pike (Route 11) and south of Old Charlestown Road (Route 761). The parcel is currently split zoned RP and RA. The RP portion is Master Planned for 120 apartments units (MDP #04 -15 "Hiatt Run Condominiums ". The goal of this proposal is to rezone the newly acquired 3.000 acres from RA to RP. This will allow the owner to develop garages and recreational amenities for the apartment complex. The owner is offering a proffer to keep the current number of units the same. This rezoning will not create additional density, nor will it allow any residential units to be placed on the 3.000 acre portion. There is not an increase in traffic nor other detrimental impacts on the County. If the rezoning is denied, the development of the 120 -unit apartments will still occur under the approved Master Development Plan, but will do so without the benefit amenities such as garages, pool, tennis courts, etc. due to limited space. Existing Conditions The 3.000 acre is currently used for agriculture. The stormwater drains generally to the east to Hiatt Run. Comprehensive Planning The site was removed from a DSA designation in 2014. This particular area is now planned for trails and minimal development. The applicant is proffering to construct and maintain approximately 4200' of 10' wide hiker -biker trails that will be available for the public. Proposed Development The site will be used for only community center, manager's office, parking, garages and recreational amenities. There will not be any residential units on the 3.000 acres. Physical Impacts A portion of the site is located within the 100 year flood plains per FEMA Flood Map No. 51069CO250D. This area will either be utilized for trails and recreational amenities. It may also be utilized for water quality measures, or BMP's, to protect Hiatt Run from any runoff associated with development per Frederick County Zoning Ordinance. Surrounding Properties The site is bounded to the west by Martinsburg Pike (route 11) and by the McCann Family Land Trust or all other sides. Traffic Impact and Analysis There is no increase in traffic from this proposed rezoning application. Sewer Conveyance and Treatment There is no increase in sewage from this rezoning application. Water Supply There is no increase in water usage from this rezoning application. Drainage The stormwater runoff drains to the east into Hiatt Run. The applicant will be required to implement BMP's and other devices to meet the Commonwealth of Virginia's requirements as required by DEQ. Solid Waste Disposal The Civil Engineering Reference Manual, 4th edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. However, there are no residential units proposed. The applicant will be responsible for the maintenance of the trails and regular garbage collection will utilize the existing dumpsters within their proposed development. Historical Impact The site was included in amendment in 2014 to the 2030 Comprehensive Plan for the McCann- Slaughter properties. The area to the north is known as Stephenson Depot and is noted in Battlefield Network Plan dated February, 1997, and indicates the core area for preserving lies within the buffer area north of Hiatt Run. This development will provide trails to the area, similar to the trails at the Third Battle of Winchester Park. Educational Impact This application will not create additional students for the schools. Police, Fire, and Rescue Impact This application will not create additional impacts. Parks &Recreation Impact This application will not increase population; therefore, no measurable impacts are predicted. The construction of the trails and open space available to the public should have a positive impact. Soils The soil types identified on the General Soil Map of the Soil Survey of Frederick Counter Vir inia are Carbo- Oaklet -Rock Outcropping ( #7C) and Carbo- Oaklet Silt Loams ( #32B) as shown on map sheet 19. These soil types are clay with an abundance of limestone rock. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for karst topography. Care should be taken to explore for sinkholes and caverns prior to any excavation or development. 3 •� ��� - . ��`a �� � o / OIDCHQRLESiOMgVRO, '� slrE W RT. 761 J� �bti P�� � .y1 �� p' J C9 � �Ta�B'Y90 - ��J / ii ��� �GQ�,�`� J �' 0 �� � �,P�� a s� VICINITY MAP � . 1 " = 2000' FINAL PLAT Of LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT Of TAX PARCELS 44- (A) -17, 44 -(A) -1 D, & 44- (A) -40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA JUNE i 8, 2015 SURVEYOR 5 CERTIfICATE I HEREBY CERTIFY THE PARCELS COMAINED IN THIS LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT ARE THE LANDS CONVEYED TO HIATT RUN CONDOS; LLC; FROM SEI WINCHESTER, LLC. BY DEED. DATED JANUARY 27, 2015, Of RECORD AS INSTRUMENT 150000684. TO HIATT RUN CONDOS, LLC.; fROM VINCENT L. LORD AND LILA T. LORD BY DEED DATED APRIL 7, 2015, Of RECORD AS INSTRUMENT 150003035. TO McCANN FAMILYLAND TRUST BYDEED DATED JULY1, 2001, Of RECORD AS INSTRUMENT OIOOi2943. ALL INSTRUMENTS RECORDED IN THE fREDERICK COUNTY CIRCUIT COURT CLERKS OfFICE. GARYR OA ES, LAND SURVEYOR NOTES 1. A fIELO SURVEY WAS PERfORMED BY GREYWOLFE, INC. IN DECEMBER, 2014. 1. A TITLE REPORT HAS NOT BEEN fURNISHED; THEREfORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3, THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAP No. 51069CO250D IN FLOOD ZONE A; AREAS SUBJECT TO INUNDATION BY THE 1 � ANNUAL CHANCE FLOOD, AND FLOOD ZONE X; AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, DATED SEPTEMBER 2, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARYLINES. 5. A 50' GENERAL ACCESS EASEMENT IS HEREBY DEDICATED TO THE McCANN FAMILY LAND TRUST FOR INGRESS - EGRESS, GRADING; DRAINAGE, MAINTENANCE, UTILITIES, AND SIGNAGE. FURTHERMORE, HIRTT RUN CONDOS, LLC., AGREES THAT ANY PORTION OF THIS E95EMENT SHALL 8E DEDICATED TO THE COUNTYOF fREDERICK WITHIN 30 DAYS OF WRITTEN REQUEST BY THE McCANN FAMILYLAND TRUST, SUCCESSORS OR ASSIGNS. APPROVAL /:��i� G �fiJL /(^ FREDERICKCOUNTYSUBDIVIIONA 2ATOR DATE _��)NJ�NIS Cv'32? ?�!S �PLTH pFL FREDERICK COUNTYSANITATIONAU HORITY DATE I,QC�2 a 5 ����`� VIRGINIA DEPARTME OF TRANSPORTATION ATE � v G RY R�OATES 1073 Redbud Road Lic. No. �5�8 -$ GreyWolfe, Inc. Winchester, VA 22603 G� /�'IS Land Surveying and Consulting GreyWolfelnc�aol.com 540 -667 -1001 OfC l,9�O SURV�yO� 540- 545 -4001 FRX DRAWN BY: CBC FILE NO: 0388 SHEET 1 OF 5 . �,�: . 8�= OWNER S CERTIFICATE t� THEABOVEAND fOREGOING LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINEAD7USTMEN� SURVEY OF THE CANDS Of HIATT RUN CONDOS, LLC. AND McCANN FAMILY LAND TRUST, AS PEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES f T UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. �1/ /J(�,_ , /j., ELLEN L. MARSHALL �nii�,�'' �6.�� �� TRUSTEE, McCANNFAMILYLAND TRUST COArifrfi �� f15� CITY /COUNT TYOF� tli nr• ��, TO W(�•THEfOREGOING OWNER S CERTIFICATE WAS ACKNOWLEDGED BEf E ME THIS Q� DAY Of �++� , 20 IS BY.' ��(� �., �slu! PRINTED OWNER P TED f TARYPUBlIC �l • ti ' SI A RE NOTARYPUBLIC MYCQ(( ES t /-��, ��� �r`��^� CR D� f ���i,� ;Q,j. .Y••p. q,�, �; h�.:: �PP� LBO'•. '� O : 2 1•lY �C' '; � COtAhti551flN � � � EXPIRES � �. ��.• .1111 � / 2016, .� � •J• SEAL �J`"' }tjr IF19i'McCANN�'LAU OFGl�C TRUSTEE, McCANN FAMILY LANd C O MM O N W EA L TH O P YI R GI NI A 44- (A) -17, 44- (A) -10, & 44- (A) -40 CdT}yEBHtuF)`Of Gu i n c�.�51',— , TO WIT.'THE FOREGOING OWNER S CERTIFICATE .WAS ACKNOWLEDGED BEfORE ME THIS a��"� DAY OF �U n �-- , 201 S` BY.' Id�cCan r� �,r�� °T� y Ca ncr --i'r��s -� Lic. No. 1518 -B %'�� -�f Jcl�fi -fin �c('t�nn SI�U����cs� -ee� � 1073 Redbud Road . GreyWoffe, �n�r'. Winchester, VA 22603 PR,IN�TE,D O-- WtN ``�t���srr��r,�. -- -E�R�_ SURV RINTED, NOTARYPUBLlC e ��••'1,}pTA.4i`! �'•.'S� ��' SIGNATURF NOTARYPUBlIC RAG... DATE.' JUNE 18, 2015 SCALE: N/A SHEET 2 OF 5 �nn�. �p.if., (tir_ r MY COMMISSION EXPIRES +3 , d D l5� �"� O � /•,' ' �;� �' .,�� irit � i n,1 TN ,.��� ELLEN L. MARSHALL �nii�,�'' �6.�� �� TRUSTEE, McCANNFAMILYLAND TRUST COArifrfi �� f15� CITY /COUNT TYOF� tli nr• ��, TO W(�•THEfOREGOING OWNER S CERTIFICATE WAS ACKNOWLEDGED BEf E ME THIS Q� DAY Of �++� , 20 IS BY.' ��(� �., �slu! PRINTED OWNER P TED f TARYPUBlIC �l • ti ' SI A RE NOTARYPUBLIC MYCQ(( ES t /-��, ��� �r`��^� CR D� f ���i,� ;Q,j. .Y••p. q,�, �; h�.:: �PP� LBO'•. '� O : 2 1•lY �C' '; � COtAhti551flN � � � EXPIRES � �. ��.• .1111 � / 2016, .� � •J• SEAL fINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND OFGl�C BOUNDARYLINEADJUSTMENT Of TAX PARCELS o���p,LTH 44- (A) -17, 44- (A) -10, & 44- (A) -40 o� � o� �� ,,�� � GAR R. OATES � STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. No. 1518 -B %'�� -�f ��' 1073 Redbud Road . GreyWoffe, �n�r'. Winchester, VA 22603 �q�Yp E��� � `� '� Land Surveying and Consulting GreyWDlfelnc @aol.com SURV 540- 667 -2001 0FC ��' 540- 545 -4001 FAX FILE N0: 0388 DATE.' JUNE 18, 2015 SCALE: N/A SHEET 2 OF 5 ', . , �� vu � —�� SCOTT. ROSENFELD, MANAGER HIATT RUN CONDOS, LLC, C0MM0Nl�YEA1TH0FVIRGINIA � CITY /COUNTY Of �ederfG� /� , TO WIT:'THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS_/_ DAYOF .T V) , 20� BY.' �` �EC T7 �O_SV �7 t P ICI FREDERICK COUNTY SANITATION AUTHORITY PRIN�TEjD i '�- �-- �- O-IMNER ��aYi(`(�i iD `,����A�p`A'G °,� ����� � I cs-tr f✓ PRINTED JJ OTARYPUBDC •` •''•NOTq�'��� i . �..• RF P(�gL1C : ��- SIGNA7 /1E NO BLTC � � '. �M'�SSIpN �R fS RITA WILSON PARCEL MYCOMMISSIDN EXPIRES CL 3 , a � '�,�FA(j • � \��'���� ,,,, H ORIG. ACREAGE � L���� ADJOINERS LETTER OWNER PARCEL REF. USE ZONING fACRF4l;F A FREDERICK COUNTY SANITATION AUTHORITY AREA TABULATION 010015333 TAX RP 0.1. B RITA WILSON PARCEL ZONED USE ORIG. ACREAGE ADJ. ACREAGE 44- (AJ -17 RP /RA VACANT 10.507 14.101 44- (AJ -10 RP RESIDENTIAL 1.676 N/A (CONSOLIDATED) 44- (AJ -40 RA AGRICULTURE 95.723 92.723 COMMONWEALTH Of N/A 0.793 VIRGINIA COUNTYOf � 0.289 fREDERICK 107.906 107.906 ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER fOUND D8 = DEED BOOK 1/z "REBAR UNLESS PG = PAGE OTHERWISE STATED AGR. = AGRICULTURAL 9 = PROPERTYCORNER SET VAC. = VACANT 5/8 "X24 "REBAR WITH R.O. Nl. = RIGHT Of WAY YELLOW PLASTIC CAP � _ CENTERLINE O = POINT OFREfERENCE ADJOINERS LETTER OWNER PARCEL REF. USE ZONING fACRF4l;F A FREDERICK COUNTY SANITATION AUTHORITY 010015333 800STER STA. RP 0.1. B RITA WILSON 44- (A)-24 070014065 RESIDENTIAL RP 10.0 � PETER C. � DARIEN ROSEMORGAN 44- (AJ -20 120008602 RESIDENTIAL RP 2.4 fINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND ���pt.TFi. pF LJ� BOUNDARY LINE ADJUSTMENT Of TAX PARCELS �° cry 44- (AJ -�7, 44- (AJ -�0, & 44- (AJ -40 � G, R R. UA f t5 y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic: No. 1518 -B 7 17 _IS � 1073 Redbud Road _ _Gre 1Alolfe, �n�'i■ Winchester, VA 22603 �q /��, O� -' �'°��: -``'- � GreyWo(felncC�aol.com �� SURV�y � - "�� y Land Surveying and Consulting, 540 - 667- 20010EC ���' 540- 545 -4001 FAX FILE NO; 0388 DATE: lUNE3D, 2015 SG4LE: N/A SHEET 3 OE 5 b �� SEE DETAIL A' -SHEET 5 ����' / � - —�— � �p j �. / 0 0 o I 9 � %•�/ 3 l 1 �� i � �� � l Eh Z / � . 2 i P� � / �o I � t Z _ / / �V ti � B 1. � / h �i Q S/ 70 °19'55" W � i � —z }m 9 106.07 1 1 200' 0' 200' �tii �,W � � � � �z � j r ADJUSTED AREA GRAPHIC SCALE / � ! BOU_NDARYL_INE 3.000ACRES � TO BE ADDED TO r HEREBY VACATED r � PARCEL 44- (AJ -17 (� 1/z "IRF i r 'CONSOLIDATED � � ( r / r PARCELS � _ � 1/z ° IRf � 44- (A) -17 & 44- (A) -10 I ' � j � 20' HEREBY DEDICATED TO THE If � � � J l COMMONWEALTH OF VIRGINIA � w e! O j � z ~f � (� � � � j �� z,���� �-j <c, r (� ti�tiZ �s� 01 ti y �, � � c c � h � / 44- (AJ -40 / J p � � W ° � � McCANN FAMILYLAND TRUST � / � E z N i � 010012943 / r 44- A -17 � ZONED: RA � � Q � (� ! � � USE: AGR. � / �, HIATT RUN CONDOS, LLC. i � BEFOREADJ.,= 95.72 -? AC. � v r "� 150000684 � � i AFTER ADl. = y2.723 AC. j � � � r a ZONED: RP � � i � � S ,4J Z USE.• VAC' _, � � ,, 2'j BEFOREADl. =10.507 AC. � � j � �4, � � % AFTE,4 ADl.= 14.101 ACRES ^ r ti / � � % � ti i ,I / r � SEE DETAIL 'B' -SHEET 5 � � � Q�S� r 35' BR�— � � i kL000 35 8RL — , . � � i-- --- - -- �— �� ^�� N 67 °4Z`i3" W - 453.14` 9�0�0, , AO 60'BRL 0--- - - - - -- � -- —_ —_€ 30' PRESCRIPTIVE ESMT. — _ MCCA_NNS RD. - RT. 838 � � l � � — O � 1 �� C � O r r �_ CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING CI 2804.79' 779.72' Z3 °35'•11 " 777.71' N 48 °5051 " c' FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND O,��l�C BOUNDARYLINEADJUSTMENTOFTAXPARCELS O���pl.Tli 44- (A) -17, 44- (A) -10, & 44- (A) -40 o u D �� G1 ' "r R. UA I tS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA LIC. N0. 1518 -B 1073Redb�dRoad �"�7 -'s � GreyWolfe, Inc. Winchester, VA 21603 gti0 SUR���O Land Surveying and Consulting G540- 667- 20010FCm 540 -545 -4001 FAX FILE NO: 0388 DATE: JUNE 30, 2Di5 SCALE: 1 " = 200 ` SNEET 4 OF 5 �� v y �' ° �y� o�. o p� z DETAIL 'A ` i/ "IRf / VDH p S 64 °40D5" E p � 103.09' MON. O i �,y0 i p � � N � S 15 °2141 W 10' NEREBYDEDICATED TO THE / 37.15`s / COMMONWEALTH Of VIRGINIA � � � � / � � m, 'v, h a, / Z m CONDOS,. LLC. o i � ^h W pp / >i � I/ 44- (AJ -17 Q I r r HIATT RUN Z m CONDOS,. LLC. m i w / 1500DD684 � �' ZONED: RP � � vac /1 � l HIATT RUN CONDOS, LLC. /usE: BEFORE ADI. = 10.507AC. o i o r /AFTER ADJ.= I4.ID1 ACRES a j � a �o6p1 p � he 5 �� �� i 44- (AJ'40 McCANN LAND FAMILY TRUST 010012943 ZONED.• RA USE: AGR: BEfOREADI.= 95.723 AC, AFTER ADI. = 92.723 AC. �' �Do�°' 80' D' 80' S. p � GRAPHIC SCgLE DETAIL. `8' RADIUS '� � �10'NEREBYDEDICATED TO THE v rn � i Q 1 COMMONWEALTH Of VIRGINIA �� i 44- (AJ'40 McCANN LAND FAMILY TRUST 010012943 ZONED.• RA USE: AGR: BEfOREADI.= 95.723 AC, AFTER ADI. = 92.723 AC. �' �Do�°' 80' D' 80' S. p � GRAPHIC SCgLE DETAIL. `8' RADIUS ARC LENGTH z.ti �10'NEREBYDEDICATED TO THE v rn � i Q ^° COMMONWEALTH Of VIRGINIA �qN, a ,'. 47.61' ti / �1, z I m 50.30'- /1 � l HIATT RUN CONDOS, LLC. ?, v m i � � r r �r �� 150000684 zpz � h I z h f o, /� ZONED: RP °7,��' o o °�-,' / � / USE.' VAC � N I N 4x N + p BEfOREADI.= 1D.507 AC. 35' BRL � � � ' . � l AFTER ADI. = 14,101 ACRES 1j1 "IRf N 64 °3758" W ! S22 °18'01 "W' Sg9`0�00 f � O —O-- -p r — "� 40.00' 35' BRL , . — — , ^ —J r SO.pp, _. -- - -� -- — 50.00' I ` 75.00' \ �/z C3 0 0 "IRf i � __S 67 °42`13 "E - 370.12_---- -.0_ -0 °o- ^� � °p 60' r ti — EASEMENT HEREBY DEDICATED -SEE NOTE 5 � `^ °41'13" W - 453.14` BRL r N 67 p�� + z � � _- --.- _ �' _ ^! M _ — — — —q 30' PRESCRIPTIVE ESMT. -- � — O �/z "IRf ��� � - -�. — — _, —._� � —`— MCCANN�R�sT�38 � � r i00' 0' i00' � � FLOOD PL%aIN r THE COUNTYOf� DERICK�� R X100 YEA � GRAPHIC SCALE FOR PUBLIC STREET PURPOSES �o���p,LTH OFLl�r � GA� R ATES �' Lic. No. 1518 -8 `'�4i.� SURV�y� CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING CZ 955.61' 47.62' 2 °5178." 47.61' N 66 °1634" W C3 1005.61' 50.30'- 2 °5137" 50.29' S66 °16'.14 "E FINAL PLAT Of LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADIUSTMENT Of TAX PARCELS 44- (A) -j7, 44- (A) -�0, & 44- (A) -40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA GreyWolfe, lnc. Land Surveying and Consulting 1073 Redbud Road Winchester, VA ZZ603 GreylNo /felnc @ao /. rnm 540- 667- 20010fC 540 - 545 -4001 FAX � FILE N0: 0388 � DATE: JUNE 30, 2015 � SCALE: N/A � SHEET 5 OF 5 i ,._. V(IZUIMA: Ffv:DERICK COUNFY.SCt. This instrument of writing�vas produced tome on g�.2 (-- lam' at (2 .' 3�lP.(YI and with certifir. -ate acknerw;;;d�e:nent thereto annexed ` was admitted tv revx�rd. Tax ir�pvaed by Sec. �$.1 -802 of $�oo� _, and 51i.i -ldfll have been paid, if assessable. �ua � ,Clerk ���'� CI Action: PLANNING COMMISSION BOARD OF SUPERVISORS AMENDMENT October 7, 2015 - Recommended Approval October 28, 2015 ❑ APPROVED ❑ DENIED AN ORDINANCE AlVMENDING THE ZONING DISTRICT MAP REZONING #OS -15 HIATT RUN CONDOS, LLC WHEREAS, Rezoning #05 -15 Hiatt Run Condos, LLC, submitted by GreyWolfe, Inc., to rezone 3.00 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers dated June 24, 2015, last revised on September 10, 2015, was considered. The property is located on the eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761). The property is further identified with PIN 44 -A -17 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 28, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.00 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #39 -15 -2- This ordinance shall be in effect on the date of adoption. Passed this 28th day of October, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Jason E. Ransom PDRes #39 -15 Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST Brenda G. Garton Frederick County Administrator •� � • _:����1: -- ��te� �� REZONING APPLICATION #09 -15 Artillery Business Center — Proffer Amendment Staff Report for the Board of Supervisors Prepared: October 22, 2015 Staff Contact: John A. Bishop, AICP, Deputy Director - Transportation Reviewed Planning Commission: 10/21/15 Board of Supervisors: 10/28/15 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: To amend proffers on 57.6 + /- acres made up of parcels 75 -A -1 and 75 -A -1F. The rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of Rezoning Application #07 -08. The proffer revisions address the timing and commitments for transportation proffers. LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane. STAFF CONCLUSIONS FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING: This is an application to modify proffers on 57.6 + /- acres of land currently zoned M1, (Light Industrial). Please note that this report responds to the most recent proffer draft dated October 5, 2015. The proposed modified proffers replace transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right -of- -way provision across 74 -A -68 with a commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement with the County. A motion was made, seconded, and passed to recommend approval by the Planning Commission with a suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24 to 36 months. While there are still items that could potentially lead to the ultimate roadway being delayed in its construction such as the right -of- -way acquisition process or potential difficulties achieving a rail crossing, the proffer modifications return equivalent value to provisions that are being replaced and move forward the implementation of the Comprehensive Plan and the Eastern Road Plan. Following the required public hearing, a recommendation re�ardin� this rezoning application to the Board ofSupervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. Rezoning #09 -15 Artillery Business Center October 22, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 10/21/15 Board of Supervisors: 10/28/15 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: To amend proffers on 57.6 + /- acres made up of parcels 75 -A -1 and 75 -A -1F. The rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of Rezoning Application #07 -08. The proffer revision addresses the timing and commitments for transportation proffers. LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Soldier's Rest Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 75 -A -1 and 75 -A -1F PROPERTY ZONING: M1 (Light Industrial) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING &PRESENT USE: North: M1 (Light Industrial) South: RA (Rural Areas) East: B3 (Industrial Transition) West: RA (Rural Areas) M1 (Light Industrial) Use: Industrial Use: Agricultural Use: Commercial /Vacant Use: Agricultural Vacant Rezoning #09 -15 Artillery Business Center October 22, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached communication dated October 13, 201 S and September 25, 201 S, from Lloyd A. Ingram, VDOT Land Development Engineer. Frederick County Attorney: Please see attached communication dated October 21, 201 S and September 28, 201 S, from Roderick B. Williams, County Attorney. Planning &Zoning: 1) Site History The original Frederick County zoning map (U. S.G. S. Stephens City Quadrangle) identifies the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning districts were subsequently 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 subj ect property and all other A -1 and A -2 zoned land to the RA District. This property was rezoned with proffers to M1, (Light Industrial) District, on February 13, 2008. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -IJ Land Use The property is located within the County's Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The application of quality design standards for future development is also an objective of the Plan; in particular, along business corridors. These include landscaping, screening, and controlling the number and size of signs. Rezoning #09 -15 Artillery Business Center October 22, 2015 Page 4 Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of- -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). The Eastern Road Plan of the Comprehensive Policy Plan call for Shady Elm Road to be improved to a maj or collector road. In addition, a new east and west major collector road connecting Shady Elm Road to Route 11 is identified. The County's Eastern Road Plan further defines the appropriate typical section for these maj or collector roads as an urban divided four - lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The Frederick County Engineer has referenced the potential for wetlands to exist on this site based upon the presence of an existing pond. Also, the Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design as this area is also known for karst topography. 4) Potential Impacts The primary impact of the proposed proffer revision would be to shift resources from implementing an additional lane of Shady Elm Road and $250,000 cash proffer for transportation to a commitment to revenue sharing for the full connection of Renaissance Drive. 5) Proffer Statement Clean and redline versions of the proffer statement are attached to this report. Changes are as follows: 1. $250,000 cash proffer toward transportation has been removed. 2. Additional right lane on north bound Shady Elm has been removed. 3. Commitment to enter into revenue sharing agreement to provide local match for the Rezoning #09 -15 Artillery Business Center October 22, 2015 Page 5 completion of Renaissance Drive from its current terminus to Shady Elm Road has been added. 4. Limitation of 1 building permit per parcel 2 permits total until such time as a revenue sharing agreement has been executed has been added. 5. Right -of- -way dedication along Shady Elm Road has been removed due to its completion. 6. Right -of- -way obligation across parce174 -A -68 (Carbaugh) has been removed. 7. Five year limitation on warehouse and distribution has been removed. 8. Internal access road proffer has been removed due to redundancy with the ordinance. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/21/15 MEETING: Staff reported this rezoning is a proffer modification to Rezoning #07 -08 which was approved by the Board of Supervisors on February 18, 2008. The proffer revisions address the timing and commitments for transportation proffers. Staff explained the proposed proffer modifications replace transportation commitments for improvements to Shady Elm Road, $250,000 in cash transportation proffers, and the right -of- -way provision across 74 -A -68 with the commitment to participate in revenue sharing in the completing of Renaissance Drive from the current ending location to Shady Elm Road. Staff noted building permits are limited to 2 on the property (1 per parcel) until the Applicant enters into a revenue sharing agreement with the County. Staff noted there are items that could delay the completion of the roadway such as the right -of- -way acquisition and acquiring a rail crossing. Commissioner Unger requested that Mr. Bishop clarify the shift in proffers from Shady Elm and cash to the revenue sharing agreement. Mr. Bishop emphasized that the full connection of Renaissance Drive offers greater value to the County than Shady Elm improvements. Commissioner Oates noted a concern about there not being a time requirement for entering into the revenue sharing agreement in addition to the building permit trigger. Mr. Bishop agreed a time frame would be beneficial due to the timeline for availability of funds from VDOT. A motion was made, seconded, and passed to recommend approval by the Planning Commission with a suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24- 36 months. Absent: Crockett Rezoning #09 -15 Artillery Business Center October 22, 2015 Page 6 STAFF CONCLUSIONS FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING: This is an application to modify proffers on 57.6 + /- acres of land currently zoned M1, (Light Industrial). Please note that this report responds to the most recent proffer draft dated October 5, 2015. The proposed modified proffers replace transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right of way provision across 74 -A -68 with a commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement with the County. A motion was made, seconded, and passed to recommend approval by the Planning Commission with a suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24 to 36 months. While there are still items that could potentially lead to the ultimate roadway being delayed in its construction such as the right -of- -way acquisition process or potential difficulties achieving a rail crossing, the proffer modifications return equivalent value to provisions that are being replaced and move forward the implementation of the Comprehensive Plan and the Eastern Road Plan. Following the required public hearing, a decision re�ardin� this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. sE �FE sT�.TE �° REZONING: RZ. # Light Industrial (M1) to Light Industrial (1�I1) PROPERTY: 57.6 acres + j -; Tax Map Parcels 75 -A -1F { "Land Bay 1 ") and 75 -A -1 { "Land Bay 2 ") [collectively, the "Property "] RECORD t�WNER: NW Works, Inc. { "Land Bay 1 Owner " }; Venture I of Winchester, LLC ( "Land Bay 2 Owner ") APPLICANTS: NW Works, Inc. & Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: February 7, 200$ REVISION DATE(S): September 2, 2015; September 24, 2015; October 5, 2015 'I`l1e undersigned hereby proffers that the use and development of the subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect an the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1 Owner" as referenced herein shall include within its meeting all future owners and successors in interest for Tax Map Parcel 75 -A -1F. The term "Land Bay 2 Owner" as referenced herein shall include within its meaning all future owners and successors in interests for Tax Map Parcel 75 -A -1. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised August 14, 201 S (the "GDP "). Monetary Contribution 1.I The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2, as depicted on the GDP. 1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $2,500.00 for Sheriffs office purposes prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2, as depicted on the GDP. 1 of° 5 Proffer Statement 2. Artillery Business Center 1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2, as depicted on the GDP. Site Development 2.1 Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP with entrance improvements subject to VDOT review and approval. (See 1 on GDP). 2.2 The Land Bay 2 Owner shaIl design a future East -West Collector Road utilizing an 80 foot right of way as depicted on the GDP from Point A to Paint B as a Rural 4 Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80 feet of right of way and construct the ultimate two westbound lanes of the Collector Road for a minimum of 1100 feet as shaven from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) Prior to issuance of a certificate of occupancy for any structure located in Land Bay 2. Prior to issuance of a certificate of occupancy for any structure with associated land area, as depicted by site plan, within Land Bay 2. Upon commencement of construction of a railroad crossing as shown on the GDP for the East -West Collector Road. Prior to December 31, 2020. 2.2.1. Prior to issuance of a second building permit within Land Bay 1 or a second building permit within Land Bay 2, the Land Bay 2 Owner shall enter into an agreement with Frederick County for the funding of the design and construction as well as right of way acquisition, if necessary, for the East - West Collector Road as depicted on the GDP. Frederick County, at the time of the filing of this proffer, has entered into a Project Administration Agreement with the Commonwealth of Virginia Department of Transportation, which provides for the construction of the East -West Collector Road from Valley Pike (Rt. 11) to Shady Elm, and which further provides for a cost share of the design and construction costs for said East - West Collector Road. The agreement between the Land Bay 2 Owner and Frederick County to be entered into (if it has not already done so prior to the approval of this proffer amendment} shall provide for the participation in and funding of the design and construction of the East -West Collector Road, which provides for the payment of the County match portion of the Project Administration Agreement between Frederick County and the Commonwealth. It is the understanding of the Land Bay 2 Owner that Frederick County intends to seek additional revenue sharing funds for the completion of the East -West Collector Road, including potential right of way acquisition costs. 2.2.2 The Land Bay 2 Owner shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Land Bay 2 Owner as shown on the GDP. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval.. 2 of 5 Proffer Statement Artillery Business Center 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 3. Landscape Buffers, Hiker /Biker Facilities, &Additional Right of Wad 3.1 Within the 25 foot parking setback between on -site parking areas and the proposed right of ways for Shady Elm Road and the East -West collector as required by � 165 - 202.01D(6)(c) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail. In addition, the Applicant shall provide a densely planted landscape screen as depicted by attached Exhibit A, as revised July 15, 2015, consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minimum density of three plants per 10 linear feet and a minimum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building facade fronting Shady Elm Road or the proposed East -West Collector shall be constructed of one or a combination of the following :cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 5. Historic Resources 5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures on Land Bay 2 in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation cxeated as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any historic buildings located on the Property. 5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2. SIGNATURES) APPEAR ON THE FOLLOWING PAGES) Proffer Statement Venture I of Winehest:� �°, .� al��,�.� �. <�� B �����,� �� y� ... Date: � � � .� ";�� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Artillery Business Center 'I`1�� foregoing instrument was acknowledged before me this ��''° day of �� °"�� ,��� , 2015, by �� �.��kk��� � ��"0�"!�� ��t p � ,��i_,� ��� � ����!����1:�..~ ���' ��1, ��I�'��>�� ��"q'�"f',� � �,,�1 µ,� I ill � ""�w�l ������ � r ��.�� I i�+'�' �P i� � "y�„`� � � r a � � r a n y^ M COIT1i111S � X ireS u' � d�� ti� � � wn� � � v r a ��� y sion e p Notary Public �.� W... "�.i�� t1.� � ��� ... "� �"�' � ��� �� �N� „ c e�� „��i;a�� +s � � r� << t, ` ��Yk ��. ,gyp � ,�.,y . ,�.:. Proffer Statement ,,, Date: STr1TE OF VIRGINIr1, AT I�RGE FREDERICK COUNTY, To -wit: �. The foregoi g instrument was acknowledged before me this 2015, by ° R �t°°� � ,� i" �„ My co �ss�o Aires fi "� � � Notary I�ublic� �„„ �� 5 c.�f 5 Artallery Business Center day of ,� w.. , 3' HEDGEROW AS REQUIRED PER 165 -202 OID(13)(al —3 TREES PLANTED PER i0 LINEAR FEET (EVERGREEN) PARKING AREA 10' � I�fI,�]LT" TRAIL f STREET TREES 50' ON CENTER 40' RfW DEDICATION (COMPLETED% & ENTRANCE IMPROYMENTS r�4 . -. — — — -_ ' . EXISTING SHADY ELM ROAD (40' RfW) ..... -..25' PARKING SETBACK (MINIMUM) ___i NOTE - STREET TREES AN1 (3 TREES PER 10 . IN ADDITION TO All OTHERWISE RE'QUlfc i � �� ��i� 'HEDGEROW AS REQUIRED PER 165- 202.OID(13)(aJ 3 TREES PLANTED PER 10 LINEAR FEET (EVERGREEN) PARKING AREA e��:. �u:. i,5. lw. ,i =. �� u.. ��Y. i Q� °Cta. 'ii. rPS; +�r. "r7V. Ji �:. i'� N',= °. '�i= ;:gyp. -,��= tr= a�- ": ��:; .,i`_ v�- -��= r � ,• _ � i. sA v _ �;��� ' . �, � cr � \ <D ti i � � Q l 1 ,i 1, / STREET TREES 50 ON CENTER ARTILLERY BUSINESS �'ENIER EXNI8IT A FREDERICK G'OUNI}; UtR61NfA 25' PARKING NOTE. - STREET TREES ANA (3 TREES PER 10 IN ADDITION TD Ar OTHERWISE REQUIh 'LANDSCAPE SCREEN ; INEAR FEET) PROVIDED Y LANDSCAPING �'D BY ORDINANCE (MINIMUM) i � it /�!�,�u1U� �j ��I Pennoni- Associates, Inc. I17 E. Picad;ily St. Winchester, Virginia 22601 VOICE: (540) 667— 139 FAX: (540) 665 -0493 REZONING: RZ. # Light Industrial (M1) to Light Industrial (M1} PROPER i�': 57.6 acres + J -; Tax Map Parcels 75 -A -1F ( "Land Bay 1 ") and 75 -A -1 ( "Land Bay 2 ") [collectively, the "Property "] RECORD OWNER: NW Works, Inc. ( "Land Bay 2 Owner " }; Venture I of Winchester, LLC ( "Land Bay 2 Owner ") APPLICANTS: NW Works, Inc. & Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: February 7, 2008 REVISION DATE(S): September 2, 2015; September 24, 2015,,,,,,,,E u� � � ��i���� a ��„ �� 1 The undersigned hereby proffers that the use and development of the subject property ( "Properry " }, as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Count}T Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until. such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day fallowing which the decision has been affirmed an appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Land Bay 1 Owner" as referenced herein shall include within its meeting all future owners and successors in interest for Tax Map Parcel 75 -A -1F. The term "Land Bay 2 Owner" as referenced herein shall include within its meaning all future owners and successors in interests for Tax Map Parcel 75 -A -1. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised August 14, 2025 ( the "GDP " }�4�� ;7ae�.ii....z�,� i�:- � .�- �aI����,dN��,���������,�;�.. Manetary Contribution 1.1 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2, as depicted an the GDP. 1.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2, as depicted an the GDP. Proffer Statement Artillery Business Center 1.3 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $2,500.00 for general. government purposes prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2, as depicted on the GDP. 2. Site Development 2.1 Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP with entrance improvements subject to VDOT review and approval. (See 1 on GDP). 2.2 The Land Bay 2 Owner shall design a future East -West Collector Road utilizing an 80 foot right of way as depicted on the GDP from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Land Bay 2 Owner shall then dedicate 80 feet of right of way and construct the ultimate two westbound lanes of the Collector Road for a minimum of 1100 feet as shown from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of a certificate of occupancy far any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure �� i.,����.i i-��.���1;�� ����rw��:�,� .q ,��������.����v�i �.M,,����� a��.���;,, ��a���x�r���i „��, � .,�.y...�������i ���,u�.. ��i���.M,;�Mitll� ta�'� "a�a'i. °���_��� 1su�a��i ;au��,�, ,��w, ��1���.�����,ai �.�:, -��,� �N.�z� �a;i�irAU� � <��u��l. �,w�:�'..:�... 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M ��m:. � � 6������,��G..�. °�� ��o rt�A..�� a;��o�l�:....r °.�t?i °����i �� °���i 2of6 Proffer Statement Artillery Business Center 2.2.2 The Land Bay 2 Owner shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Land Bay 2 Owner as shown on the GDP. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Area Rario (FAR). 3.1 Within the 25 foot parking setback between � ��� ,;� � le �'''�� "L i �r, =p �������;�the proposed right of ways for Shady Elm Road and the East -West collector as required by � 165 - 202.01D(6)(c) of the Frederick Co�snty Code, the Applicant shall construct a 10 foot asphalt trawl.- a���;�- �.�������������w�r�� ����� 1������,��� ti���;a�� �� �.����i� ^��.������. In addition, the Applicant shall provide a densely planted landscape screen as depicted by attached Exhibit �'�,,, as revised July 15, 2015, consisring of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minimum density of three plants per 10 linear feet and a minimum height of four feet at time of planting located between the proposed trail and any parking areas. 3of6 Praffer Statement � - r. � Artillery Business Center 4.1 Any building facade fronting Shady Elm Road or the proposed East -west Collector shall be constructed of one or a combination of the following :cast stone, stone, brick, architectural black, glass, woad, dry v-it or stucco. ,. 5.1 The Land Bay 2 Owner shall complete a survey documenting any historic structures on � i ��.,...1';" �m� �� ��� „� -� � 1 „�,.I � �,�,���, in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shaIl be provided to Frederick County Planning Staff and shall be completed prior to demolition of any historic buildings located on the Property. 5.2 The Land Bay 2 Owner shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of a certificate of occupancy for the first building constructed on Land Bay 2. SIGNATURE {S) APPEAR ON THE FOLLOWING PAGES) Venture I of Winchester, LLC Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Proffer Statement Artillery Business Center The foregoing instrument was acknowledged before me this da�T of 201 S, by My corriniission empires Notary Pubiic NW V�'orks, Inc. C Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Proffer Statement Artillery Ba�siness Center The foregoing instrument was aekno��ledged before me �ti�is day of 2015, by My commission empires Notary Public HILLS O Applications Q Parcels � Building Footprints B1 (Business, Neighborhood District) B2 (Business, General District) +°tea B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ��� HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) �%��� MH1 (Mobile Home Community District) / / / / //� MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) O�J"�� RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) ` \. \. � ,, t `j �� a s { ,� ; KERNSTOWN BUSINESS PA Subdivision REZ #09 -15 Artillery Business Center PINS: 75 -A- 1,75 -A -1F Revise Proffers Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: September 29, 2015 Staff: jbishop 0 275 550 1,100 Feet %�PPlications Parcels � Building Footprints `�. \. � ,, t `j �� a.y { ,� ; REZ #09 -15 Artillery Business Center PINS: 75 -A- 1,75 -A -1F Revise Proffers Note: Frederick County Dept of Planning &Development 107 N KentSt e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: September 29, 2015 Staff: jbishop 0 275 550 1,100 Feet �,,etitazx. Pl�,t�l��l�l�]Cr �:- C�M�f1ISS�1'�: ,L�e7xz�zz-5+ 1�, ��� - l�eccazxxa�zxezxdeel l:�eni�al E��J�] C7I', �- �P1�°�1��lI�R i�cl-�raa�.�� °y' l3, ���J �V �hPP�'.C�"��T�1� � 1�F�1��1�L1 L�7IT�1�'��C'F �.ivC.�T�I �1 3 P�L,�C�1`�1� �_�7 �"�� .�,1- �TZI:I�L.���'" �_��I;II�� �"���I`I�l. '^'�R1��, ��;�+�a��a {z �#� --�'7� axl:4 �.rtllea-� l�usia�ze�s C'ea�tcz-, ��abaxZitte� by P�atterax I��z�is l�zx�t �.s�ar~iates tc� z�ezcane �.7 �eze� fa�eaaaa 1�A �P�zaa`al �a-eas� l�isti.�act tea l�%11 �I i�ht. Incltia�tral) L�i�ta"ict, �?�itl�z �ar+affea:•s, Fear Lilxt �Zxdu� trial Llse� ����s ccarxsi�ea-ed, Tlxe lxa��alx�z-ly is ltxe�xtecl east �aaxei �djacca-it tea S�bx�.cl }r �laxx �eaad, aplaz`cxxiaxx�ately 1,5��1 feet �cx>ztb cafTtozxte 3 ?, iax tlxe Lae; Cx�e�k l'�'la�i�teri�zl district, ��xel is ielr;axtil�aecl ley l'reaPe> °ter T�eratil�ac�tiazx utxxbz' "!� -A -1, ' "��� ��iJ�� tlxe Plarraxizx ��zxx.zzxissicara bel � � l�zzlxlic heariaa� tarx t:lx'us a•ezoaairx ua�z iaaxzxaa-y 1. �, ZQ�B; azxd `I -�»iA, tlxe 13caarel ca�`zz�ea��isean-s lielcl � Public lxeartizx� can tlxs rezoaxax� ara F�bz•uary 1�, 2.CCl$; end "��'�i.�.C�,., the 1Ma�ederick Ceaunfiyd l;caarcl of Sazlxei-�Fiscaz�s fzzx�s the. aPPz:ca��al c�l'this re�eaa�aizxg �� be iix tlxe best. izxtez°est ral* the pzablkc lxealtlx? sa�`et-�, xvel�az:e, anel iix ccaz' %az�xxa�xce �� %tlx tlxe �eazxzPrehezxsive Pczlic�� Plain lt�W, T�IC:CItE�'��, �� Xfi C�R1��,�1Cd�D by the l =re�erick Gtaxzzxt� T3oard of arzPe:n'is�rs tlxat �CixaPter 1 �S of tlxe Frederick Caunt�P C�acle, Z�anazxg, is arrzezxded trx revise tlxe �,aaaizx� District PvlaP tea charade ��.? ae:res fi-eazxx l�A ��.zzrdl Areas} l�istric:t tea l (L�lxt lzac3a.rstrial) District, feaz� P,iglxt Iixdtzstrial Uses, subject to ille attached eeanditiexns �.�eahzsxtaril;� Preaf�erecl izX r��ritiix� b�� the aPPlicazlt aaxci tl�ae PrcPez�ty e,��azxez°. �>�a��� �� -�� °]`i�i� r�rci����t�c� s�7�ail l;�c i�r �i'f��i: �r�1 �i�e ��.t� �:f d��ic�i���csr�: T- '�ss�ci t17is i 3ti� �1� }x �f Fc:,i�ra.�ai��r, '�G7i�'� 1a�� tl�� fcrll����i1� x��c�rdcci ����e: i��ch�r�r� �°. S1�7���ir,�, C������z-zrr��rm �.— "} _ —.._ A� °e T31ii . �..���lfll Aye �,�,��� �. T��sl��r AyT� C`i7�z °l�.s . T�e�i��tez� Jx, tv�� i'i�i�i:y� �4. Len�i��.r� �.y F��ti�a�ick C�a�zz��r Aclrni�7istiat��• I''�1Re.s �dCr3' -D8 T'1=� ��C)S�i� �L��F1� 1n;� � °� "TI'��1�:t`�T`1_" R.:�.ua] .�!,reas �}""i� t€a I.�i�h.t Jndlastr7al 7.j 7aliC7T'1= ,R.�``�': 5�.i acres -� - /�; Tax 1"�afa �'axcels 7�- .''�_ -� ��e "�'s�apert -�` "] R1JC���� �1� ��'entus-c I caf �,'irsc]:rester, IBC .11.��?1�IC1's.'�": �,Teza.%are 1 c„f inclrestcr„ L,1�C �?l?.�Jl✓".C,*T t.A��.�: �rtallcz-�F �iusiness Cente.t �.�1' ]�1Z�1�"T�:�1?��: 1��c�:erra.laz;x �.C�, � >C1t1La 1�;�c��i�l�a�11��.Tr (�: /r /���; � f� fr�°�; � f � ft��; �� /�� fay„ �/ � /o,�; � f��f��; � f� f���; �1 /�fa'�; �� /��s /r��; l�f�� /�°�; � /�� /����f�tclt� Tlae undersirx�r1 laereb�p �z:caffc:rs ti-�at t%ae use azad de�,�a�itarr,e�rt c,f t.1�e sulaject i�z-��iaert (����'caiaez:t] = "�, as clesc.¢�.1r�;.d above, shall be iza strict cc�nfcarrriaz�ce ��ith t1-re f�llc���irx ccanddatxcans, ^�PZriclx shall sufaersede all r�tlier prcaffers tE1at: z�zay ]rave ]�eezr zxaa�7e r�c�t ]reretcr. In tiro event drat the abca�Te referez7ecd I1!11 ca��dtir>ztal rezoning is scat razated as ap��lied fc�r 1�� t1�e a� }�1ica�nt ( "Al�falcant "), thacse ��rzaffers slra)l be cic:ezxae�� �;Titl�dra�vn. azad slra➢1 be n�l.i and �cai�l, 1�'�xtdxer, these. ��rcaffers ar:e ccantin,ent u�cazr r� rezua�trag elf t:he Prza�aerk�7 u�xth "firxal rezcaxr'tz-zg" defuzer� as that reza�n�nsg k�.icb. is u3 effect cn �e dad, f�all�e�iz�s,� the 1:it dad u��cat'x �vl�:iclr ire �"redericl� County �caard z�f Cn�rnt� �u�+ezvsors (tire "Bard "� clecisirazr granting t1a.e re�caning raxa� be ccantested ix� dxe afZpre�f�riatz~ ccaurt. T_f the 1'a�ard's de�isiaz� is canl:ested, and the f'�.�pl.icant cYects Hoar to ;axibzra?it develca�rnent �1:ans until sa�c:lx cczz7:test is tescaltiFed, the. teraar rer+�ng shall. izrclude the da.�r fcallcavping enttjr csf a �xxral c�surt carder affittxv�rg the decsiz�n ref the I�crar:d v��cl:� leas zrr_at begin afafaealed, ors if ap}��;a1ed, the da�f f�llca�ing v�lxclr tyre decisasx leas 1�een affxxz�etl oza a]�eal. T °he h.eacings cif the proffers sett fcri-tlx below ha��e been prepay -ed fcax c�za�Fezrierrce ar reference. Qzaly and. shall Hoar c��ntrcal cat affect the a�r�eaxa.a.z1� �r 1�e ta]�en as an zntet�aretatican �f arzy pr��si.on �f tlxe prraffea :s. `f""11e term ".t��plxca�t'„ as refcrez�ceci herein shall include witlrix� its x�aeanitzg all f-�t�zx:e �vxners and successcars iz1 interest. �,?'J1�en used. in ...these puffers„ the "Generalized Le��elcapxra�ezat 1']an," shall refer tca t1ae. plarx entitled ",Genet :ali�.ed Level�apxxaent l�larl, Arti]9er�y }�usiriess Center" dated. Tebr-uar}r �, 24(17 re�?�sed Tebx-uary 7, 2QC1� (tl�e °'�I�l? "�, and slral� irxclLa.cle the fz�lla�rixag�. i4'Ia��t�r-� !CaarrttlbarttarY � .I 1`]xe A�7plicant shall cazxtribute tca tla.e Cr�uz�t�, of l��edericl� Lire sung of 5,47i1�.4�i� fat .re anal xescue purpases upcan issuazrce cif tl�e first. building laerrxiit. 1,2 T`l�e �ppLicarat shall cor�tsib�ate tca tlxe Cc�uz�ty oaf redericlr tlae susrr oaf %5f14�.CtCi fdr 5beriff's caffice purposes ul��an issuance crf tlxe first buildang pe�:znit. 1..3 T1ae Applicarxt slral:l contribute to the Couzxt�y of f�teclerick the sare�x ref 2,5f14�.�f1 for �enea =al r���ern�nent faur-p�ascs uc�z:z issuazzc.e taf tz�e first buildir, peat. 1 oaf 5 I.�l "} "he r'�j�� >lic�nt slz�.11 crai��t�l� late 4:a t }'ac. Cati��7t� r.�f 1'z�de�sicwk t}�c sans. c,{ 2`a43,(��?�.(3f.1 fcas- t}ae �lesgs-s a.ncl /as: canstsuctian of the f�x�raze }cast- ��Iest (�.alle�.�a.� }caaci ar fcaa:. and; ad�laei �searsslaaitatan i:xa.�.s�a�eaxacn�:s as c}ceanec} �ser_ess��ry� by �a:edei -bcl� �;aaxn�7 a�ad ��C)�C ". ai.d x�sazaetary crantxlax��ian sha11 lae naa.de �.x.�itLain 6Ci clays taf issuance. of flee fist �errfic�te of C7ccupatac�� £ax any s�- u�ctw :c }acted asp tla� 7�a'al�,e�ty. ?. 'ate:.k�e�rel�s�sez�t �.} :Che �"ilalalicant sh�}l c}edicat�. ��l) feet of sight of ��ay £��x� 4lx,dy }?.1n3 a-aad alaaxg t}xe Pralaett<ja fiaistage as del�ictec� axx� tl�e ALP �ar�ia� to issuance al� t }7e fa^st laxxilchng la ea =next. laic }ditzesxaa]ly, tl7e Jalalicant shall. vpiclen �e e�.ist�ng zxartlslaa�nd laa7e to fatal width. of �4 feet of pa�,r�eent as x�acasuted ii-aaaa the centea: lime of �had�f �.laxx �caad alc�a-ag th.e Ps:alaeny �r>ntzLge �itla shady }�:lan }�adsd to laa:avde f�aL a cranttaatlans k�ght t�ax'a7 la�ae clang t�xe l'a-alaerty ftsantage �cs�itilx S }xady �Irix I�csacl. l�i.s:ect access tea the il'a:a�xepty fraan 5laady L,lxx� caacl s}aall lsc litxxited tra � a?�axixrxuaaa aI eni�azxces as sha�.x�n aa-a the GLOP. "�'he .�,.falalicant slxall �aa:a�ric}e a c3.aulale s6xilae l.�zxe a-raaa:l%tn.g %a: t1�e ceaate��lixae csf ��i�c }fir Glrra Raar� �latx tlx�. }?rarJeart�� ftasltae �ri1: }a �l:sa�iyF }�1tx� }�.a�cl (fee ]airs. �}7Pl �.� "l:'lae �plalican:t slxall clesigax � Iutexa-e mast -west Callec.taa- 1�aacl axtil:i�ixag an SCh facet ;-fight cat r�Fay as delaictecl an use C�l�i� C�aa.-n �aic�t � to T'aiaat Cs, �ss,,sta� a� Est. �z�sc3c:. ratlraad ca °assiaag, as � }?�ua:al "1 Laa-se �i��ic}ecl (kd.4�� Mass sectian lar�aa to issaxa�xce of �e fist �e�tificate of Cicca.s�aancy fd� any st$�xctx��e lacatecl era rl�c Px;alaerty. " }: "he d�p�licant shrill then dedicate l�C� feet al: aright of ��aay anal. caixstt-uct flee. a }tiu�sate trca ��restlaasxnd lanes a£ the Callect:at R.aad fat a an:nxxrrurn aE 1I4() feet as sha�aan fratx? Pai�at � t:a I�caitxt � aa7 flee G}u1T� ulaan any of tlse follaFiza� c�nclitiaaxs, ��l-aiche-cFez accs�s faa:st: ��ce "� an �l�l?) Pa-ia� to ilssuance of tlxe fesuatla laxvldia�g �aeianit fcaa: the. P.a-a�reaty. 7''aiax to t }�e issuance of a 1�,��1clin; �ej-arxit faa" axx�� stt-uct,�� Iacated ix� I�arrd ��:� �?. �a:iat to issuance. of a cea-ti�cate of acculaancy Ec�a- any sta_vctuxe laacatecl in Laaad Bay } 17ut ��: =itla assaciatecl las�.c} aa-ea lacated in I,ai�d 73a� ? as �}�plcted lajr site. lala.n. T�}fsan ca�iaa3aencezxaent of � >na.il�aad gassing as shaa�«�sn aax tl-se GAP fray the East�Jest Callectaa! R.aad. � Pxiar to l�ecea�alaer 31, �}l3. 2.?. "l '7m'he �,.�plicant dial} anal�e a�s,�ailalale area �0' �.x�ide duct of ➢anal access "i"ax �,rlala l'aa:cel "l�l -A--G� as de�ic,tecl azx the �}�P fraa-n Pcsint l3 to Paint C in canfaa-nxax7ce �.a�ith the a:aacl desigxa prca��ided lay 1 a :wife 2.2 fear �e future. e�tensian of tae East.;lest �:allectaa: }�aacl. rGae Alalalgcant shall iazo�cFide said. pxalaerty at raca� cast. to tl3e �:auraty, aftea: l�ecenaber 's1, ���� and �ritlaxra �{} c}ays of receivirxg �varittera teclaaest fxatn e Gaaxnt-y. 2.2.E `�'lxe 1'��aialica�t shall canstt-uct a lxxa�cit�7ut'rr of t�,xra entrances aaa tlxc paa-tian of �:ie �a.st- �'�'est Callecta>" Rand canstxucted by flee �'�p�licant as sl�sawn aa1 the. �. 2 ��` 5 r �4a-trl!'�^a��fl��a,et2cc��ss �.�t�za��r' -�..� :Land I�,a�a � as s�a�.�f�n �-�� the �.a�.f�1' s�l -i.�l }�a�,��, acc:� °as �,�a �3e; �astc_a-rs��7ast entz�ar:rce lacated t7�� tl?e lac�rt�an cif the east -c:st �'cslleetr��- I�c�ad cr�rYSt�-nctecl I��r tl�e .f1.l�l�licant as s1-g�a�aun an il7e ��.lyY 2.a T"he .A.l�pllcant slxall cansts� act are infiea:nal access raacl, if necessary tra ��u�et fine �:cc-luirea�-�ents $-a�. lrat a�c:cess as idezztifiecl.l�� �1����f� cif tl�e Fre�"��r�c,� 4;�rsx�t }� Cr��e, to senFc the. Prc�peLty to Vir�ir�ia L�eparttnent of 'I:ianspatt�tian st�ndiarcls rxritla a nll�n pay %cg��ezxt width cbf ?6 feet. 2.4 � �cat:echn� cal rrt�alysis sl�abl be prepared and st�l�- miffed to laredeticl� C.autsty fir an }' stt�actures p�iar to site lalaia r�pl�xr�val. �.5 C�e�relap�-r�ent ref tl�e fi�rapt:rty shall xaat c�ceed a Ll.�- Flaw: area R.atia (7��Ii�- �'.6 "1'l:�e l�raperty7 shall captain a .raji�i.ta�utri of t1�a-ee �iscrs �a�an i✓isial l�ullcl --aut. .'7 I'�a �aa��ehatise- dista-il��xtiaz-u facility �xeater than 2C1Q,ClLbJ srluare feet shall lee crstt?st1-uctr:d an fine 1't�c�perty 4vitl�in � Mears ref tl�e late of Fi.r�al l�eza:nin�. `?.'� ;�l�a�:7ld tl7e �;aut�ty ar r�tl�zers al�tai�� the. ri�,hrs to an at grade is�iltaad crossing fdr �l�e pa:a�ased l�:ast- '+�;1est (:;ollectar R..aad as idezxt�fied an 4 -.1�e C�l�].'b tl�e �,lplicant shall fr,Il�r fund the desi��n of said. at grarle� ciassi_tag. Lr�t�rlsr�a�e. Isul"e�s I.lil�e�IIIiH��:r. k��cl.it%a�:__Acl�it:ic�ta��l Ri�lxt of `��'a�° 3.1 �,X�itl-�iz-� tl�e 5 faai� park.in� setl�acl� laetuTeen. flee p:rc>pased �i�ht of ��a��s far had�� l�,lrrx 1�.aad and the Fast- y�?C 5L' callect��r as ccluit�rl ley � 'l ii5- �:7F.(�� t�f �e 1= 'r- ecleac, (��r��zP�1 �",��?�, tl�e �.laplicant shall ccaxrstt�uct � `I�) feat asphalt. ttai.l try I�epaittx�.ent of I�:.ec:reatian tandarrls- I�� addititaz?, tl7e Applicant shall provide a dezasely planted landscape screen as depicted. h� F���hihit A as re�nsccl � /15/C18 consisting of srcet gees planted. 5�l feet an cer�t�er l�et��een the prrapc�sed right of a�F anal the asphalt trail. as spell as a da��l�le ra�� of e�.7ergreen tees �%tli a mir�in-nux�� density cif tl-�xee plants. pea: 1 �h lincai feet. and. a xninir�lur�� laei;�l�t of fear. feet �.t tarr�e. ref �lantin lr�cated l�et-�vicen tl�e l�rapased trail and. and parl�ing areas. q-. Dasi n 'taridarcls �.Il An�� L-�uilding f�c�ade ��anting hac1�T l�h�-� l�aad ar the pral�r�sed. Fast -west �a,llecta;r cansd'rracted of ore ar. a cannl�i�atian oaf tl�e fc�ll��cwxn,� :cast. stave, stc�s�e, l��ry. architectural hlr�ck, glass, woad, da-}� vit ar stacca. 4.2 Freestanding l�usit�ess sigxxs shall. be limited. to one rnanun-�.ent style. sign. per let. that slxall vat exceed ?Cl feet in height. In addition, the llpplrca�at may cansil-uct one main entxa.nce /tenant directory sign along eit%er �had�= Flrn Raad or the.. proposed last- ��%est Collector as a aritiunent st�,�le si�� tii�at s1�a ➢1 vat exceed 3C� feet an l�c.i�ht, If revisions to flee .l�re�a°er°zcd Caun�� �rrz�i�a� ��-�r. "�a�az�ce are oracle val�icl� �.�cau -ld hnv.t tl7e size and /ar nuxrber of signs to a g�,eater c�;tent than tl�e �fdrementianed standards, then the Applicant shall conform ti�itlz the sign. axdinance standards in existence at t%e time of issuance,. of a permit fc�r any sign laca:ted an tl�e 7'rapert�, =. a�` S Ira °c.�fc�� o�`rcrt�t,r�aat �I.�toric c_.so�nr�cys r' �1J 'fiZll�P "��'.�b7/;y'I72�..5',5' 4.....Gt'7d( "7" �.1 ��e �i�- �Iacatit s17a11 c�z�-��lete a st�:�-�Fc�yT �l�c�rt�-ac�?ri��� a��� l�ist:c��i� str��ct-�u -�s rji� tl�� Pr�x�acrt� a.r� �erxeral accat-alarrce with i13c �xuicleli�xes estal�lishecl by tl-�e 1'rcliiaxizxai:� lr�£r���nxat�c�rs �`�a��3 �r�>tn tlxe 17e1>a�ttxacrat raf Historic I�.es�x�rres. Ar�� �i.e��rtva�7e.rlitat��,n created as dart cif sa�cl sur�,�e� s17a11 l�� �7zc�vid.�cl to ��ec3�rlc.l� �'c���f� l�lasztti��l;, Staf.E arxd slxall he cc��r���letc.cl �r-l�r to ciezxaols.tie�n eat an�� l�rxilclisr�s ➢oca.ted �r� the 1?rc�l�ert��. 5,2, Tl�c pj�lica�xt slxa]l ccant�l�i�te tc� t17e. 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L�Nf�5C.4P�"" .S'G�a'�"EN IN ,�iL7L?]i1CJiV a'L% �TaF -t` %�1NDSC�PING G�7'°FT�'T'T1'IS�' .',�'Q�ll��°l7 �9'Y r�1'�i�11+^`.4Jv'C -' � �- ��'d�J'�' /J �I 1 i 1 E, Ps�c�d�lly S�. V "J'w���he� ter, Virginia 776D1 ,�'`T.t'�J�ff�i^ a��tl'.d�L "1T�e.?T7t i�en�a.re T cif �.�>s:i�:la��t.er., �.�I.rC �� IrRi-n�:F�I�'1 �;�UN "I``x', �:a -suit: ��:i'Fl.ld�i=��" �"9a,�5 Pi "dG ".,SS i� �J'7i�1" � �, °a� �'� Y . Tile�j�fcatc���it/z1� in�t�-ria-�:a��rt ��as ��cknr��.�,�ecYecl bef��i.:e i��e t1�_is _, ",� clay c�C '�� �� {- ��:��....._r., ���y cr�i�?��rrssi�a �x�-r, �� �.�. — ._,:.._ i��i�i�r I�ul��.i�: ...1 r" ���� ��1�7TAz.{""��" PI !i jC "" �'" " � Carr�rnarti � ..: V�r�inid Fiec�. � ��� �i�7 Gv1y Crxrnmissiare �xr�irc:.�¢�r�.:si v ��ti �� � r�, �. � �. Fr�rr�e Jsahn E�ishr�p 4 Tuesday, (7ct�er 13, 20415 1:39 F'E ® Parn teeter w Eric Lawrence J w FV�': artillery 6�asiness Center - �CiC7T Cc�rnrrients to F'rt�ffer arvaerarnent dated 10.S,2Ci15 a a Scanned r�rn E4V7Cerx.dt o9u�s9: c,a���e in ff�ar artillery Cox �rtt�ti�rt lt�l tl�� li��tc�rt t r��ra� this }�re��s€�rty �p��rs tc� �� slrtgfic� rat i ��t c�ra cs�t 651 (h�d� EI I�c��d }® is rc�aate is the �' Chi rc�d�a�y high his ��r� c��rasid�rd �zs the 4��c�ss t the r�a�rty r�f�r����d. C:� is �tztac� sly s�tlsfld tl��t the trar�scsrt�tic�r� larr�ff�rs c�f��d gr� t �� �rtlll�ry� 13€zsirl�ss ���.t�r rr��c�rtir� i��tic�rt dt�d �tc��r 5, 20915 �dr�ss trr�sr�rt�t�c�� cc��cr�s assa�it�d �orith this r���sta f � �vls tai discuss tl��s� cry �r�ts, pies c�rit�t �® LBaayd ao 1�rao° Q l..r�� °nd i�a:�°��.l�:�l:;�u�r�e ���4 l��u�����ur���.c��� �Jlrirsla L�e��rtoeo�ot �t �rr� s��a°t��t9ru G� l��x �;ra� l ��:���l��u,�;l�, ���fi���r���ir�rl��a��� 3y. '���rirc�� °o ������r�u:i��r� 4dlr���o.�u�r9� �! /� 22t�2 ��..ir °rur�ll; �VesYm, 11�,r °u; °t�t�tu�yic.�l.y���u,�a I � rl . ♦ Y. The dacumentation within the application to rezone this property appears to have a signifieant a impact on Route 651 (Shady l Road }. This route is the VDOT roadway which has been cansidered as the access to the property referenced. ess is VO'T is not satisfied that the transportation proffers offered in the Artillery Business Center rezoning application dated September 2, 2015 addr� transportation concerns associated. with. this request. • The existing approved Artillery Business Center rezoning, dated February 7, 2008, is superior in addressing the future transportation needs of both Shady Elm Road and the extension of Renaissance Drive. • A proffer is not required for the applicant to apply for Revenue Sharing funds to fulfill the required transportation impravements. if you. wish. to discuss these comments, please contact me. 0 Diane Walsh From: Eric Lawrence Sent: Wednesday, October 21, 2015 9:33 AM To: Diane Walsh Subject: FW: Artillery rezoning From: Rod Williams Sent: Tuesday, October 20, 2015 2:47 PM To: 'Patrick Sowers' Cc: Eric Lawrence; John Bishop Subject: Artillery rezoning Patrick, I have now had the opportunity to review the revised proffer statement, dated October 5, 2015, for the above matter and have three items to offer in terms of ensuring that the proffer statement would be legally sufficient as a proffer statement under state law and county ordinances: In Proffer 2.2.1, some of the language regarding revenue sharing remains troublesome, in the context of the legal prohibition on contract zoning. Therefore, I would suggest the rephrasing the first sentence of Proffer 2.2.1 to read as two sentences, as follows: "Prior to the earlier to occur of the issuance of a second building permit within Land Bay 1 or a second building permit within Land Bay 2, the Land Bay 2 Owner shall enter into an agreement with Frederick County by which the Land Bay 2 Owner provides for right of way acquisition, if necessary, and the funding of the design and construction of the East -West Collector Road as depicted on the GDP. The Land Bay 2 Owner may, pursuant to such agreement, use Virginia Department of Transportation cost sharing funds for the design and construction costs of the East -West Collector Road." Likewise, I would suggest the rephrasing of the current third sentence of Proffer 2.2.1 to read as follows: "The Land Bay 2 Owner shall provide in the agreement with Frederick County for the Land Bay 2 Owner's funding of the design and construction of the East -West Collector Road, to cover the County match portion of the Project Administration Agreement between Frederick County and the Commonwealth." In the last signed version of the proffers, I noticed that the signature on behalf of NW Works was by a director of that entity. Ordinarily, an individual director does not have the power to enter into a binding agreement on behalf of an entity. It would appear that the signature should be by an officer of the entity. Finally, the document contains the word "Proposed" in its title. We would need to receive a signed version without that word in order for it to suitable for recording. �.. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 w . -k ' • f �i�d�I'� A PP'IJ�CA "� ��I�' a i� � rig ���• c��� �,��. =�{t3r� �� Ijlte,an e5`t� ff { �, �"r�: o t Paid � ��� � �;oning Any d t N ber ��r� �.�. � �_...�,, date Deceived ���,�� M�� � ,,,,,,,,,,,,, PC` I Ie�tri���: llate '_ � � ° ' 13034 I�Iearin r Iate r r s r ♦ � � � Name. Pennoni Associates . .,,._,..,__......_.._.�..,_..__ ��'�%i�%ho�: {S40} 667.2139 clo Patrick Sewers Address: I l 7 East, Piccadilly_Street Winchester, iiir�inia 22COi ,_._�_. _�__ ..__�.�.�._ _ ._. uo���_...._.�.�.�,o._.�__,_,._� 2. Property owner (if coif °ferer�t then above) Name: NW Works, Inc. Telephone: (540) 66i -0$09 Address: 30$5 Shawnee Drive Winchester. VA 22601 Narr�e: Venture I of Winchester, LLC Telephone: (540} 665 -0050 Address: 549 Merrimans Lane Winchester, VA 22 __...,v..w_.._ _.__ �. _ _... __ _. _. __ __ _. _ _, ......_,,._ ._ . 601 . Contaet pc�rs(�r�(s� if°otter are above Name: Patrick Sowers � Telephone: (5406'7,2139 �I. Cl�eea st: Cheek the following items that have been included with is application. M♦ � 4�u u • ��) �€rrent Use of Property: ��:apnsecl Use at'tEee Property: InduE %.:, ., .. ., _ `l. t���sjn�alt�g Property: SL. � 3 i �'L:.�,: Y�acatian: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Pronerty is located east and ai�acent to_Shaciy EIm Road (Rt 651 ap�nroxiately nine tenths of a mile south_afthe intersection of Shady EIm Road �Rt fi51� and Apple Vallev Road (Rt 652 In order for the Planning Staff to use its capital facilities impact model, it is necessary for the �pplicapt to provide information concerning the specifics of the proposed use. Otherwise, the planning staff wi11 use the maximum possible density of intensity scenario for the proposed Zoning I?istrict as described on page 9 of the application package. Pk�-cel identsficatior®/t,ncation: Parcel Identification Number: 7� -P < -1 and 75 -A -1F �istrets E: _ _�__ _ _ _ Tvlagisterial: Back Creek I-Iigh School: Sherando Fire Service Stephens City Middle School: James Woad -- - - l�etlsc Service Stephens City _ Elementary School: C7rchard View - -. �. m. r;c:;:,,g Change ,,,,,List the, acreage Included t� epe)l pew zonang r ateggry being requested,,, , � ,.� „ �„ a . � n ��ti , u S�.b �j Ml r �1_., � �..,...�_..� ., �. �. --!- — - -1 - --- - ' 57.6 � 'dotal acreage to Ise rezni�esi ,; li a ��, �"2� lacii�i�i iltit)rgti�tl�� 9 tfiri �a� i(i�d�, x�asl°�a:��i i�r �I"t� k`�/,y.�� fi3�� °�a�B�;,a,�g� ��Y'�3� "' Number of Units Prd�osed uingle; F ily EIo dd 1 oar✓ o e ulti- Farrsily _... i�tar�® esiential Lots __ %/labile I -lone _ motel as s Square Foata�;e of Proposed Uses CJi�ice Sez°via�c: Station etaiI I�Iafact�aring _,_ T_ ._._ .__._..._ __ __._._. lZc;st�zti�rant Flee � areha�se ._ . r_ _ -- ll�er (Industrial �� ®�i���lurde® l,a��,�zz I (tee }, the und:iersigne , d1a hereby respcctl`ully ake applic;atia d petition fc Freddwria Uaunty card of Supe;r�isars to a e;nd te::cd:�ning ordinp ce; az�d to d;,ange the zoning map of Frederick Jaunty, Virginia. 1 (vdre) ad,�lhorize Frd; crick C.`ounty oiiicials to enter �; properly El�r site inspeclian pu�aseso �, � r r' I (arse) hereby certify that this application a the best of icy (our} noa�re e, �pplicarrt(s} �- , ° "�� �� �tt °'� � (`' lei � d�ma ^��� �.ri�� r .; r.® Date "� ������ i' dale �� �� �:..� � t_. :� �'��, t fl 1 �1 I I d' r����'.1t'ra � 1 I I ' t� t part nt of Plan °ng evelo ent, County of Fr crick, Vir °a, 107 Mort ent Str t, inc t , Viri ' 22 1 oe 0 5 -5651 a 'le 345 Know All Men By Those Present: That I (we} (Name) IVw Works, �,�w�,������.....�(T,h��.. (Address} 3085 Shawnee Drive Winchester VA 2260] the owners} of all those tracts or parcels of land ( "Property "} cotr����. (us }, by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 08005981 and is described as ��� °wr.� »,�.r.,.� „,,.e T'ax Map Parcel 75 -A -IF Subdivision: do hereby make, constitute and appoint: (Name) Pennoni Associates Phone} (540} 6 (Address) 117 E. Piccadilly Stree�uite 200 winchester° Virginia 22601 To act as my true and lawful attorney' -m -fact for and in my (our} Warne, place, and stead with full power and authority 1 (we) would have if actir€g -personally to file planning applications for my (our} above described Property, including - Rezoning (including proffers} Conditional Use ernuts Ke Master Development Plan (Prelirrrinary and Final) Subdivision My attome}� -in -fact shall have the authority to offer proffered conditions and to mak amendments to previously approved proffered conditions except as follows: 22IId day of Sept � ZQ15 This authorization shall expire year from the day it is signed, or until it is otherwise rescinded ar modified. In witness thereof, I eto set my (our} hand and seal this 5ignatur s} '� ,TO -wl State of Virginia, City /County of� -t'C`i C �a NO Action: PLANNING COMMISSION BOARD OF SUPERVISORS RESOLUTION October 21, 2015 October 28, 2015 Recommended Approval ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09 -15 ARTILLERY BUSINESS CENTER - PROFFER AMENDMENT WHEREAS, Rezoning #09 -15 Artillery Business Center — Proffer Amendment submitted by Pennoni Associates, to amend the proffers associated with Rezoning #07 -08 relating to the timing and commitments for transportation proffers was considered. The proffer amendment, original proffer statement dated February 7, 2008 with a final revision dated October 5, 2015 applies to parcels 75 -A -1 and 75 -A -1F owned by Venture I of Winchester, LLC and NW Works, Inc., respectively and is located approximately 1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Solider's Rest Lane in the Back Creek District. The proposed amended proffers replace transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right -of- -way provision across 74 -A -68 with a commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement with the County; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015, and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 28, 2015, and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to amend the proffers associated with Rezoning #07 -08 relating to the timing and commitments for transportation proffers. This proffer YllRes. #44 -15 -2- amendment, original proffer statement dated February 7, 2008 with a final revision dated October 5, 2015, replaces transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right -of- -way provision across 74 -A -68 with a commitment to participate in revenue sharing to complete Renaissance Drive from its existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on the property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement with the County. This ordinance shall be in effect on the date of adoption. Passed this 28th day of October, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Jason E. Ransom YllRes. #44 -15 Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, Senior Planner ��` SUBJECT: Discussion — I -81 Distribution Park - Stonewall (Stonewall Industrial Park) DATE: October 6, 2015 At the October 28, 2015 Board of Supervisors meeting, staff will present the site plan for the I- 81 Distribution Park - Stonewall site for review. This site plan is being presented due to its implications on the planned route for Route 37. The site is located in the Stonewall Industrial Park in the Stonewall Magisterial District. The property is located at the corner of Tyson Drive and Welltown Road and contains a 330,050 square foot warehouse structure that is within the path of Route 37. The plans for Stonewall Industrial Park do not accommodate the Route 37 right -of -way. An 11" x 17" copy of sheet 2 from the site plan has been included in your agenda, along with a map that shows the planned route for Route 37, in regards to the location of this property. Action on the site plan is not required; this site plan is being brought for informational purposes only. In an effort to keep the Planning Commission and Board of Supervisors apprised of the Route 37 right -of -way, site plans and subdivisions that impact the right -of -way are presented to the Planning Commission and the Board of Supervisors for their review. This site plan was presented to the Planning Commission at their September 16, 2015 meeting. Please contact staff if you need additional information. A representative from Dice Engineering will be present at the meeting. CEP /pd Attachments 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 STONEWALL' INDUSTRIAL�PA iIIIIIIIIIIIIII��Subdivision O Site Plan Q Parcels Sewer and Water Service Area .���� . Future Rt 37 Bypass Building Footprints B1 (Business, Neighborhood District) B2 (Business, General District) +°tea B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ��� HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) �%��� MH1 (Mobile Home Community District) / / / / //� MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) O�J"�� RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 43 A 63F `�. \. 4 �} t `j �� a s { ,� ; STONEWALL" ES' Subd vision ubdivis Note: Site Plan Frederick County Dept of PIN: Planning &Development 43 - A - 63D 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: August 10, 2015 Staff: cperkins 0 315 630 1,260 Feet STONEWALL INDUSTRIAL PARK Di�� /Subdivision �""� ���f � � 1� �" v d �tf)i" a `W� �rdr a�,ryn � i�1�1��� II ���i OFF � � A �i'�r�N�a�' r" Y d /�f I �� �x J)��r �i��rc��� �� l ✓W �� i � Ir ftl i 1 i/ � „u°� / � � dj ; "� �� �� -' � i V ��"� � ' S p�rJ/ ,�'° �" "�� m �it� � ���,': O Site Plan Q Parcels �� Sewer and Water Service Area . „���. Future Rt 37 Bypass ,,rw Building Footprints B1 (Business, Neighborhood District) B2 (Business, General District) +°tea B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ���:% HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) �%��� MH1 (Mobile Home Community District) / / / / //� MS (Medical Support District) OM (Office - Manufacturing Park) ��I R4 (Residential Planned Community District) O�J"�� RS (Residential Recreational Community District) r o:C� k re RA (Rural Area District) RP (Residential Performance District) 4$A 63Fj z ira 43A4 ' ��'1O 22d �43A�5 4$A 310 54 b7 •� 43A 4 43A 5 2 22 43A 5 4 18 43A 5 3 11 43A 5 43 A 66 3 12 4 19 43 A 65 43 A I V 65A 436 4 1 43 A 64 M 436 4 2 436 4 3 � � ", � � m ✓�'+ ark, m �, ��� ���,� ��E,a� ri ��,� b ��� , r �e�krirr la �.,, ,fr ,i I �.� ,,, a �8 ., r 3 r `�. \. 4 �} t `j �� a s { �,,.,, ; ACR 43 A 636 � mr m,� � Q� ._..���a -; „,� ��� �� � ��;i, � .e: � BENSON °� �� ,,rw � ����� � U . „ S division � �� �Qfl� ^I� /� d � n� � 661 ; Q i� fl � d �A� �f �� ,� ��I r o:C� k re � � Q� � , �������� CATHE Subdivis �� �v'i+. `...�'� RUTH Note: Site Plan Frederick County Dept of PIN: Planning &Development 43 - A - 63D 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: August 10, 2015 Staff: cperkins 0 290 580 1,160 Feet rvo ,�a� »� „o:,�dw, _ - - o.- � ��� -- — �. «M, Nvld llva3no m � �\ � HS3oNM �Q �\ =o ❑'ld '�NIif33NI�J N3a39O % - �— 31, as Q �$�� vn 'A1Nf100 NOa343ad r (..) llVM3N01S @7 �IaHd lVlalSfl4Nl L8 -I �_ _� - S �/% �� / 1/ / o'i ,r Jl�- -- � — i�l�� — i -� I �/ � ,�� �” r;r �, � � „� -� � ,. %� -- �� \���\ ;- ,� \, ��;,, � ;;° lii ;; �� ;� � �� i ';,' �� �� II!� _. _, ,; li,� �, I, r��,I �� �; ,; � �, �' i �� � '� �,. �'!, �' i, �� 7 �I � , ; �� °� ,� � ; �,, ,� "� �� '� �. „� is Y, � ., _ --_ �� _ ___ __ y� °' a U k Q_ `w8 K - � A COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, Senior Planner SUBJECT: Ordinance Amendment — Supplementary Use Regulations — Setback Extensions DATE: October 6, 2015 In 2011 the RP (Residential Performance) District setbacks and dimensional requirements were revised to introduce setbacks for unroofed decks and structures. With that revision, the allowance for extensions into the setback within the supplementary use regulations was changed to eliminate the RP and R4 (Residential Planned Community) Districts. Since the RP dimensional requirements also apply to the R5 District, the R5 (Residential Recreational Community) District should also have been removed from the supplementary use regulations extension provision (leaving only the RA and MH1 in the supplementary use section). Staff has prepared a minor revision to remove the R5 from the supplementary use regulation setback extension to ensure that R5 developments (Lake Holliday, Lake Frederick, Shawneeland, and Mountain Falls) all utilize the RP Zoning District deck and stoop setback extension as intended. The DRRC discussed this amendment at their August 2015 meeting. The DRRC agreed with the proposed changes as drafted and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on September 9, 2015; the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board of Supervisors deem it appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics and deletions in strikethrough. 2. RP District (single family small lot) dimensional requirements. 3. Resolution. CEP /pd Attachment 1 Original language Draft revisions Article II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 201— Supplementary Use Regulations § 165 - 201.02 Setback requirements. F. Extensions into setback yards. The following features may extend into setback yards as described: (1) Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line. (2) Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are least eight feet above the grade may extend three feet into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural features may extend three feet into required yard setback areas. (3) Porches and related features. In the RA and MH1, a+�l --�� Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line. § 165 - 402.09 ZONING § 165 - 402.09 E. Hei ht E 1 Princi al buildin max 3 5 feet E2 Accessor buildin max 20 feet F. Su lemental Re lations F 1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F2 The opposite side yard must be maintained clear of any obstructions other than a three -foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than eve feet or garden walls or fences. In no case shall any encroachment other than a fence be laced within the re uired maintenance easement. F3 The zero lot line side must not be adjacent to a road ri ht -of -wa . F. Single- family small lot. This dwelling type consists of asingle- family detached or attached residence on an individual lot. No more than two units may be attached together. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 3,750 s uare feet B. Buildin Setbacks B 1 From public or private road ri ht -of -wa 25 feet B2 The front setback may be reduced to 15 feet, provided that the residential unit utilizes a rear alley for access and there are no driveways on the private or public road fronting the residential unit. B3 Side Detached o tion: 5 feet Attached o tion: 10 feet B4 Rear 15 feet BS Minimum building s acin Attached option: 20 feet C. Setbacks for unroofed decks, stoo s, landin s and similar features C 1 Front from private /public road 15 feet Rear alley option: 10 feet C2 Side end unit 5 feet C3 Rear 10 feet C4 Rear from o ens ace) 5 feet D. Minimum Parkin D 1 Required off - street arkin 2 per unit E. Hei ht E1 Princi a1 buildin (max) 35 feet E2 Accessor buildin max 20 feet F. Su lemental re lations 165 :127 04 -01 -2013 Action: BOARD OF SUPERVISORS: October 28, 2015 U APPROVED U DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 201 — SUPPLEMENTARY USE REGULATIONS §165- 201.02 — SETACK REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165, Zoning to remove the RS District from the supplementary use regulations setback extension provision; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the changes at their August 27, 2015 meeting and agreed with the proposed changes and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on September 9, 2015 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on October 28, 2015; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ;and PDRes #40 -15 -2- NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to remove the RS District from the supplementary use regulations setback extension provision. Passed this 28th day of October, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Robert W. Wells PDRes #40 -15 Charles S. DeHaven, Jr. Jason E. Ransom A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Board of Supervisors _ �p FROM: John A. Bishop AICP, Deputy Director - Transportation RE: Rail Access Funding Application for Trex DATE: October 20, 2015 As you are aware, the Virginia Department of Rail and Public Transportation maintains a rail access funding support program similar to VDOT's industrial access program for roads. This program offers funding support to industries making significant investments in providing rail access to their operations which results in significant reductions in truck traffic on local roadways. Unlike the highway access program which requires the County to apply, the rail access application is submitted by the industry themselves. Only a resolution of support is needed from the County Board of Supervisors. This application is requesting $300,000.00 in rail access funding in support of a $2.7 million project. The project will provide for the installation of a sidetrack and two additional tracks for storage, loading, and unloading of materials. This includes the installation of three rail switches. In addition to the construction investment of the rail improvements themselves, this project will result in a capital outlay to construct and equip the proposed new facility of $3 million, 155 additional rail carloads of material to be handled, and 125 new jobs. Attached, please find the supporting documentation provided by Trex as well as a resolution for your consideration. The Transportation Committee will consider this item at their on October 26, 2015 meeting and staff will update the Board of their recommendation at the October 28, 2015 Board of Supervisor's meeting. JAB /pd Attachment 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 RESOLUTION OF SUPPORT BY THE FREDERICK COUNTY BOARD OF SUPERVISORS OF THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS The Board of Supervisors of Frederick County, during their regular meeting on the 28th day of October 2015, adopted the following: WHEREAS, Trex has expressed its intent and desire to the Board of Supervisors to locate its commercial, business, or industrial operations in Frederick County; and, WHEREAS, Trex and its operation will require rail access; and, WHEREAS, the Officials from Trex have reported to Frederick County their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $300,000.00; and, WHEREAS, Trex has requested that the Board of Supervisors provide a Resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby endorses and supports the application of Trex for $300,000.00 in Industrial Access Railroad Track Funds; and, BE IT FURTHER RESOLVED, that the Board of Supervisors hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum financial assistance to Trex for the purpose of locating its business, commercial, or industrial facility in Frederick County. ADOPTED this 28th day of October, 2015. This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Robert W. Wells Gene E. Fisher Charles S. DeHaven, Jr. Jason E. Ransom A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #41 -15 • •,r' •� � •• � ���,. � l.- -•_ �- 1 The following dacumentation is to be included with the applicatian: 1. Resolutian from the Local Governing Bady supporting the praject and requesting the Rail Industrial Access Funds. 2. Location sketch showing the location of the site an an area map. 3. Drawing of the proposed track praject showing the clear paint(s). 4. Signed applicant/industry certification. 5. A company W -9 with federal ID number/EIN. 6. Documentation that the railroad owning the main line to which the proposed access track will connect has agreed ta: A. Serve the industry or business; B. Approve and/or participate in the construction of the proposed access track; C. Making the facilities available for use by all camman carriers using the railway system to which the industrial access track connects; Background information abaut the business Trex Company, Inc. Summary Trex Company is the world's number one decking and railing company, and leader in high - performance, low- maintenance outdoor living products with more than 20 years of experience. Recognized for its quality, aesthetics and green principles by industry professionals, Trex® is sold in more than 6,700 retail locations in 42 countries worldwide. The wood - alternative decking ishigh- performance, capped composite made from 95% recycled materials and comes with a 25 -Year Fade and Stain Warranty. In addition to decking and railing, Trex also offers Elevations Steel Deck Framing, Outdoor Lighting, Outdoor Storage, Pergolas, Furniture and Fencing. All Trex products are designed to behigh- performance, low maintenance and environmentally responsible. Trex decking and railing are made in the U.S. in Winchester, Virginia, where the company is headquartered, and in Fernley, Nevada. In the 20 years the Trex Company has been located in Winchester, VA, customer orders for our decking product requested to be shipped via railcars have been loaded via a third party transloader. This was done at a fairly significant cost to our customers, however, due to the volume, it was decided to be the best course of action. In 2015, Trex entered into a new business in which plastic pellets are produced from recycled plastic. These plastic pellets are then sold to customers to use in place of virgin plastic thereby providing an economical and environmentally beneficial alternative. These customers, however, are accustomed to receiving their product via railcar. Looking at our total business, it now becomes feasible to construct a rail spur at our Winchester plant to accommodate both of these businesses. We expect the following benefits from this rail spur... - Support to our new pellet business which will add 80 jobs over the next two years - A less expensive rail alternative to our decking customers which should increase the number of rail car orders and expand the area we service via rail (expectation is we will service our Midwestern US customers more via rail when the transloading cost is eliminated) The goal is to have the rail spur operational in 2016. � # # \\ 7 \\ \\# 2 \ \ \\ � t� \�\ 7 \ # 2 » »� w � # 2\#� 2 K? »2 ® »?t »4zm «. »� f« J.« « ©!<£fy< #r« »2§< »<2<<t»2 »�» r4 « x »zw»! / \z ?�2 »z«»k�< y`f2 ?!kk % £ m22 + ©�— » »� , \� �,. , � ��_ �.� :�, +� �.�_�� �_�. Si � e f:» r, <!�, � Form ' Request for Taxpayer (Rev. October 2007) Identification Number and Certification Department of the Treasury Intemal Revenue Service I� N a� rn N �� 02 C C ac w �U Name (as shown on your income tax return) Trex Company Inc Business name, if different from above Give form to the requester. Do not send to the IRS. Check appropriate box: ❑ IndivlduaVSole proprietor ✓❑ Corporation ❑ Partnership Exempt ❑ Limited liability company. Enter the tax classiticatfon (D= disregarded entity, C= corporation, P= partnership) ► - . -. - -- ✓❑ payee ❑ Other (see InsWctlons► ► Address (number, street, and apt. or suite no.) 160 Exeter Drive City, stale, and ZIP code Winchester VA 22603 List account numbers) here (optional) Number Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a T!N on page 3. or _�.. -- __.._.m. .....__�� Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 54 1910453 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out Item 2 above if you have been not(fled by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax retum. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See tie instructions on page 4. w $Ign Signature of Here U.S. person ► General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only If you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are watt(ng for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if tt is substantially similar to this Form W -9. Hate ► � / � Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form -9 (Rev. 10 -2007) CSX TRANSPO &TATiON Todd Faulkner Reg. Mgr. Site Design Regional Development Mr. °ieremv I_atilner Manager of Rail llzdustrial Access Programs Uel,artlncnt of °flail and Public 'l- ranspol °cation 600 East Main Street° Stine 21(12 R1C11illollCl. `,II'glnla 23219 I)car Nir. L.atimcl° 1610 Forest Ave, Suiie 120 Richmond, VA 23288 teoa1226 -7sos E -mail: Todd_Faulkner CSX com Sept. 1, 2015 Trek Company. lnc. `will apply Col• the Virginia Industrial Access Railroad Fund 1`or the construction at° industl °ial railroad tracks in VVinchestel °, Virginia. A preliminary sidetrack design has been discussed and whelt the final dra�`�ings are subn'itted and appl•o`jed by CSX Transportation, Inc. (CSXT) a sidetrack agl °eentent between Trex Company, Inc. and /or its nominee alzd CSXT twill be executed. CSXT is acvarc of the provision of the Cade of °Virginia, Section 33.1 - 22.1:1 F' `which provides for calnman earl °ier access of tracks constructed ar rehabilitated with Industrial Access Railroad Funds. Currently, CSXT' will be the slily railroad connectu,g with the track to serve '1 °rex Company, Inc.. I- Io`vever, it is understood that ie in the futl.►re, another eouimon carrier constructs trackage to connect `vitlj the sidetrack or obtains trackage rights aver CSX`I °'s mainline tracks that `vauld enable it to pravide service to �[ °rex Company. Inc.'s facility, it will have access to and be entitled to use the sided °ack. CSXT reconunends the use of Industrial Access Railroad fiutds for the construction ol° the sidetrack facility to serve 'I °rex Company. Inc, in Winchester, 1 °redcrick Caul�ty, Virginia. CSX[' cviil ser<�e 'I °rex Company, ine., on this sidetrack once the site plan is appraved, constructed, inspected and a sidetrack agreement is dilly executed. 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Bishop AICP, Deputy Director - Transportation RE: Revenue Sharing Application Support DATE: October 20, 2015 Each year, the County applies for funding through the State Revenue Sharing program. Currently, the maximum application amount is $10 million. This is dollar for dollar matching program, so an application for $10 million in funding would be in support of $20 million in projects. Staff is seeking a resolution of support for a total application amount of $10 million to support the following projects. 1. $500,000.00 in balance to complete funds for Route 11 North between Exit 317 and Route 37. Proffer funds to provide the match. 2. $550,000.00 in balance to complete and right -of- -way funds for Renaissance Drive. Expected match from Artillery development. 3. $8,950,000.00 in minor design and construction funding for Jubal Early Extension and interchange with Route 37. Expected match from Willow Run Development. The Transportation Committee is considering this item at their October 26, 2015 meeting and staff will update the Board as to their recommendation at the October 28, 2015 Board of Supervisor's meeting. �� Attachment 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 RESOLUTION OF SUPPORT FREDERICK COUNTY BOARD OF SUPERVISORS "REVENUE SHARING PROGRAM" FOR FISCAL YEAR 2016 - 2017 Action: BOARD OF SUPERVISORS: October 28, 2015 U APPROVED U DENIED WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $10,000,000 through the Virginia Department of Transportation Fiscal Year 2016 - 2017, Revenue Sharing Program; and WHEREAS, $10,000,000 of these funds are requested to complete funds for Route 11 North between Exit 317 and Route 37, complete and right -of- -way funds for Renaissance Drive and minor design and construction funding for Jubal Early Extension and interchange with Route 37. NOW, THEREFORE, BE IT RESOLVED THAT, the Frederick County Board of Supervisors hereby supports this application for an allocation of up to $10,000,000 through the Virginia Department of Transportation "Revenue Sharing Program ". ADOPTED, this 28th day of October 2015. This resolution was approved by the following recorded vote: Richard C. Shickle, Chairman Robert A. Hess Gene E. Fisher Jason E. Ransom PDRes #43 -15 Gary A. Lofton Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST Brenda G. Garton Frederick County Administrator