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September_14_2016_ Board_Agenda_PacketAGENDA WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 14, 2016 3:00 P.M., 5:30 P.M., 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 3:00 P.M. — 5:30 P.M. —Board of Supervisors Work Session with Financial Consultant (See Attached)---------------------------------------------------------------------- - - - - -- A 5:30 P.M. — 7:00 P.M. — Closed Session: There will be a Closed Session pursuant to Section 2.2- 3711 {Aj(3) of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board 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: B2 and F) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes: (See Attached)------------------------------------------------------------------------- - - - - -- B AGENDA WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 14, 2016 PAGE 2 1. Closed Session and Regular Meeting of July 27, 2016. 2. Closed Session and Regular Meeting of August 10, 2016. County Officials: 1. Committee Appointments. (See Attached)------------------------------------- - - - - -- C 2. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- D 3. Proposed 2017 Legislative Initiatives. (See Attached )---------------------- - - - - -- E Committee Reports: 1. Parks and Recreation Commission. (See Attached) ------------------------ - - - - -- F 2. Human Resources Committee. (See Attached) ------------------------------ - - - - -- G 3. Public Safety Committee. (See Attached)-------------------------------------- - - - - -- H 4. Finance Committee. (See Attached) 5. Transportation Committee. (See Attached)------------------------------------ - - - - -- J Public Hearing: 1. Outdoor Festival Permit Request of Top of Virginia Building Association — Chili Cook -Off. Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86 -3, Permit Required; Application; Issuance or Denial; Fee, for an Outdoor Festival Permit. Festival to be held on Saturday, October 8, 2016, from 11:00 A.M. to 6:00 P.M.; on the Grounds of the Stonewall District Ruritan Club, 136 Ruritan Way, Clear Brook, Virginia. Property Owned by Stonewall District Ruritan. (See Attached) ---------- - - - - -- K 2. Proposed Amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic; Article V, School Buses; Section 158 -19, Passing Stopped School Buses; Penalty; Prima Facie Evidence; to Add this Section to Authorize the Use of aVideo- Monitoring System to Record and Enforce Violations of Code of Virginia §46.2 -859, Passing a Stopped School Bus. (See Attached) ----------------------------------------- - - - - -- L AGENDA WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 14, 2016 PAGE 3 3. Amendment to the 2016 -2017 Fiscal Year Budget - Pursuant to Section 15.2 -2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2016 -2017 Budget to Reflect: The Winchester Regional Airport Executive Director Requests an FY17 Airport Capital Fund Supplemental Appropriation in the Amount of $4,206,400. This Amount Represents the Airport Capital Budget for FY17. (See Attached)----------------------------- - - - - -- M Planning Commission Business: Public Hearing: Conditional Use Permit #06 -16 for Borden Real Estate, LLC, which Submitted for a Public Garage with Body Repair. The Property is Located at 151 Conestoga Lane, Stephens City, Virginia and is Identified with Property Identification Number 85 -A -5 in the Back Creek Magisterial District. (See Attached)-------------------------------------------------------------- - - - - -- N 2. Conditional Use Permit #07 -16 for Ginger Teets, which Submitted for a Cottage Occupation for Sales of Archery Supplies. The Property is Located at 3641 Green Spring Road, Winchester, Virginia and is Identified with Property Identification Number 13 -3 -16 in the Gainesboro Magisterial District. (See Attached)-------------------------------------------------------------- - - - - -- O 3. Conditional Use Permit #08 -16 for Crossroad Grocery, Greenway Engineering Inc., Submitted for a Country General Store Addition. The Property is Located at Northwest Intersection of North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and is Identified with Property Identification Number 42 -A -307 and 42- A -309A in the Gainesboro Magisterial District. (See Attached)------------------------------ - - - - -- P 4. Rezoning #07 -16 of Senseny Road Rentals, LLC, Submitted to Rezone Two Acres from RP (Residential Performance) District to RA (Rural Areas) District. The Property is Located on Senseny Road (Route 657) Approximately 350' West of Ashley Drive and is Identified by Property Identification Number 65 -A -46 in the Red Bud Magisterial District. (See Attached) ------------------------------------------------------------------------- - - - - -- Q AGENDA WORK SESSION, CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 14, 2016 PAGE 4 5. Request of Cumberland Properties IV, LLC. to Remove Parcels Total 407.48 + /- Acres from the North Opequon Agricultural and Forestal District. These Parcels are Identified as Property Identification Numbers 45- A -10V, 45- A -10W, 45 -A -30, 45 -A -31, 45 -A -32, and 45 -A -32A and are Located in the Opequon Magisterial District. (See Attached)---------------------------- - - - - -- R Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn Discussion Materials �r�erick ®un�y, �Vir��ni September 14, 2016 DAVENPORT &COMPANY Member NYSE FINRA�SIPC Contents /Agenda DAVENPORT &COMPANY Section Title Peer Comparatives and Credit Rating Overview General Fund Balance Overview Existing Tax Supported Debt Profile Analysis of Selected Capital Projects Details: Existing Tax Supported Debt September 14, 2016 Frederick County, Virginia 1 DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia Peer Comparatives Peer Comparative Introduction ■ Currently, the County has an Issuer Long -term Rating of Aa2 from Moody's. ■ The following pages contain peer comparatives based on the below Moody's rating categories. — National Counties — Aaa's 87 Credits — Aa's 484 Credits — A's 146 Credits — Virginia Counties — Aaa's 9 Credits — Aa's 22 Credits — A's 2 Credits ■ The data shown in the peer comparatives is from Moody's Municipal Financial and Ratio Analysis (MFRA) database. The figures shown are derived from the most recent financial statement available as September 7, 2016 (mostly FY 2015 figures). DAVENPORT &COMPANY September 14, 2016 ',.��,�{ Moody's Standard & Fitch Ratings Investors Poor's Service Aaa AAA AAA Aa1 AA+ AA+ Aa 2 AA AA Aa 3 AA- AA- A1 A+ A+ A2 A A A3 A- A- Baa1 BBB+ BBB+ Baal BBB BBB Baa3 BBB- BBB - Non Investment Grade Virginia Credits: Moody's A�� Albemarle FairFax James City Arlington Hanover Loudoun ChesterField Henrico Prince William �a Appomattox King George Richmond Carroll Montgomery Rockingham Culpeper Northumberland Spotsylvania Dinwiddie Pittsylvania Stafford Fauquier Powhatan Warren Fluvanna Prince George Washington Frederick Pulaski Wise Isle Of Wight A Patrick Smyth Frederick County, Virginia 3 Rating Agency Methodology Updates Moodv's ■ On January 15, 2014, Moody's updated its US Local Governments General Obligation Debt methodology and assumptions. ■ Under the new methodology, an initial indicative rating is calculated from a weighted average of four key factors: US Local Governments General Obligation Debt Methodology 1. Economy /Tax Base 30% Tax Base Size (Full Value) 10% Full Value Per Capita 10% Wealth (Median Family Income) 10% 2. Finances 30% Fund Balance (% of Revenues) 10% Fund Balance Trend (5 -Year Change) 5% Cash Balance (% of Revenues) 10% Cash Balance Trend (5 -Year Change) 5% 3. Management 20 ®/® Institutional Framework 10% Operating History 10% 4. Debt /Pensions 20% Debt to Full Value 5% Debt to Revenue 5% Moody's Adjusted Net Pension Liability (3 -Year Average) to Full Value 5% Moody's Adjusted Net Pension Liability (3 -Year Average) to Revenue 5% ■ Adjustments can be made to the indicative rating score based upon a series of qualitative factors, as determined by Moody's. Each factor has the potential to impact the indicative rating score by one -half notch or one full notch. DAVENPORT &COMPANY September 14, 2016 ',.��,�{ S &P ■ On September 12, 2013, Standard & Poor's updated its US Local Governments General Obligation Ratings methodology and assumptions. ■ Under the new methodology, an initial indicative rating is calculated from a weighted average of seven key factors: US Local Governments General Obligation Ratings Methodology 1. Institutional Framework 10% Legal and practical environment in which the local govt operates 2. Economy 30% Total Market Value Per Capita Projected per capita effective buying income as a % of US projected effective buying income 3. Management 2O% Impact of management conditions on the likelihood of repayment 4. Budgetary Flexibility 10% Available Fund Balance as a % of Expenditures 5. Budgetary Perfformance 10% Total Government Funds Net Result ( %) General Fund Net Revenue 6. Liquidity 10% Total Gov't Available Cash as a % of Total Gov't Funds Debt Service Total Gov't Cash as a % of Total Gov't Funds Expenditures 7. Debt and Contingent Liabilities 10% Net Direct Debt as a % of Total Governmental Funds Revenue Total Governmental Funds Debt Service as a % of Total Governmental Funds Expenditures ■ Up to a one notch adjustment can be made from the indicative rating based on other qualitative factors. Frederick County, Virginia 4 Historical Credit Spreads ■ The County's credit worthiness has a direct impact on the cost of borrowing, which in turn effects the County's debt capacity. — The credit spread is the premium an issuer pays to the purchaser of their bonds (i.e. higher interest rate) as compensation for increased credit risk. — Since the financial downturn in September 2008, credit quality of issuers has taken on a renewed importance to investors. — The average spread for an A rated borrower has increased from 0.33% from Nov 2004 -Dec 2008 to 0.71% since Dec 2008. DAVENPORT &COMPANY s 7.5 7 6.5 6 0 5.5 � 5 � 4.5 �' 4 3.5 3 2.5 2 1.5 "��;�{ 3oYearMM® Off` O� QO O� O� O� 'y0 !yti ti� ti� ti� !y� o� o� o� o� o� o� o� o� o� o� o� o� —AAA —AA —A —BBB Credit Spreads ( %) vs the 30 -yr AAA M M D Nov 2004 -Dec 2008 Ratin Min AA 0.04 Max 0.19 Avera e 0.10 A 0.15 1.26 0.33 BBB 0.30 Dec 2008 -Sep 206 2.52 0.60 Ratin Min Max Avera e AA 0.09 0.56 0.22 A 0.27 1.11 0.71 BBB 0.69 2.58 1.37 Note: credit spreads compared to the 'AAA' equivalent September 14, 2016 Frederick County, Virginia 5 �r.,` i�� \' �LJf i i ` DAVENPORT &COMPANY General Fund Balance �,. General Fund Balance . , . _ General Fund Balance as a % of Revenues 1 General Fund BudEet 2 Revenues 126,25B,B31 130,323,790 137,167,533 143,455,222 145,431,913 3 4 General Fund Balance 5 Nonspendable 740,576 736,632 739,911 737,911 73B,B54 6 Restricted 3,022,694 2,963,356 3,504,341 5,957,501 5,B7B,352 7 Committed 1,222,437 1,695,907 3,355,779 1,616,549 2,540,730 S Assigned 1,635 2,135 2,135 4,750 4,750 9 Unassigned 25,372,570 34,175,579 35,127,444 43,513,213 45,376,225 10 Total 33,360,212 39,576,609 45,759,610 51,560,254 57,535,941 11 Increase/ (Decrease) in Total Fund Balance n/a 6,216,397 6,153,001 6,100,644 5,67B,6B7 12 13 Available Fund Balance (21 29,596,942 35,576,621 41,515,355 45,134,542 50,921,735 14 15 General Fund Balance Ratios 16 Unassigned as a % of Revenues 22.5% 26.2% 27.5% 30.3% 32.6% 17 Available Fund Balance as a % of Revenues 23.4% 27.5% 30.3% 31.5% 34.3% 1B Total General Fund Balance as a % of Revenues 26.4% 30.4% 33.4% 36.1% 3B.B% (21 Includes Committed, Assigned, and Unassigned Fund Balances ■ The County previously had an Unassigned Fund Balance policy of ten percent (10 %) of the operating budget. This amount has been increased to seventeen percent (17 %) as recommended by GFOA. 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 1 1 ' �� 2011 2012 2013 2014 2015. t Unassigned Available tTotal Fund Balance Policy DAVENPORT &COMPANY Source: County CAFRs. September 14, 2016 Frederick County, Virginia 7 General Fund Balance Fretlerick, VA (MFRA 2015) N ational'Aaa' Metlian Netionel'Ae' Metlian Netlonel'A' Metlian T®ial Genera0 Rund Balance vA'Aee' Metlian $200.3 Mllllon vA'Ae' Metlian $21.8 Mllllon vA'A'Medien $11.2 MIIIlon 0 10 20 30 40 50 60 Dollars in Millions ($J TofaO General Fund BaOance as a % ®6 Revenues Frederick, VA (MFRA 2015) � 38.6% National'Aaa' Median 33.8% National'Aa' Median 36.2% National'A' Metlian 29.7% vA'Aaa'Median 19.7 %s vA'Aa' Median 33.6% vA'A' Median 37.9% �� 0 10 20 30 40 50 Percent Fretlerick, VA (MFRA 2015) National'Aa a' Metlian N eti6nel'Aa' Metlian Netlonel'A' Metlian AuaiOable Geneo•a0 D-asnd Balance(si vA'Aee' Metlian $197.8 Million vA'Ae'Metlien $21.4 MIIIlon vA'A'Medien $q.B Mllllon 0 10 20 30 40 50 60 Dollars in Millions ($J Auai0afo0e D-und BaOance as a % of Revenues ('i Frederick, VA (MFRA 2015) National'Aaa' Median 31.8% National'Aa' Median 33.0% National'A' Median 27.6% vA'Aaa' Median 22.3% VA'Aa' Median 29.8% VA'A' Median 18.6% 0 10 20 30 40 50 Pereent �� Unassugned Geneo•a0 Fund BaOance Fretlerick, VA (MFRA 2015) National'Aaa' Metlian Netionel'Ae'Medien $11.6 Mllllon Nenonel'A'Medien $2.9 MIIIlon vA'Aee' Metlian ' $46.3 Mllllon vA'Ae'Medien $17.0 MIIIlon vA'A' Metlian $q.8 Mllllon 0 10 20 30 40 5 Dollars in Millions ($J Unassugned Fund Balance as a % ort' Revenues Fretlerick, VA (MFRA 2015) � ,. � 32.6% Netionel'Aee'Medien 19.7% Netionel'Ae' Metlian 24.3% N etionel'A'Metlien 19.6% VA'Aee' Metlian VA.'Ae' Metlian VA'q' Metlian 0 60 10 20 30 40 50 Percent DAVENPORT &COMPANY 111 Includes Committed, Assigned, and Unassigned Fund Balances. Source: Moody's MFRA database September 14, 2016 Frederick County, Virginia 8 Fund Balance Overview "��;�{ ■ Historically, the County's General Fund Balance levels have been healthy. This is primarily attributable to good management and strong requirements within the Adopted Policy. ■ As measured by the Methodology used by Moody's Investor Services, "Finances" represent 30% of a locality's Rating Score. This includes the following weightings: — 10% for Fund Balance as a % of Revenues; — 5 %for Fund Balance Trend (5 -year change); — 10% for Cash Balance as a % of Revenues; and — 5 %for Cash Balance Trend (5 -year change). — How the County manages its reserves is a material factor when looking to the credit markets. ■ Maintenance of a healthy Fund Balance, compliance with Adopted Policies, and appropriate use of reserves limited to Capital Investment is viewed favorably by Lenders and the Rating Agencies. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 9 �r.,` i�� \' �LJf i i ` DAVENPORT &COMPANY September 14, 2016 Existing Tax Supported Debt Tax Supported Debt Service 20.0 ® 18.0 16.0 14.0 - 12.0 10.0 8.0 - 6.0 - 4.0 2.0 �,0.0 , f� a0 � O r-I N M � Ln CO I� M a7 O r-I N M � Ln CO I� rl r-I .--I N N N N N N N N N N M M M M M M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N ■School Obligations Non - School Obligations Par Outstanding - Estimated as of 6/30/2016 Type Par Amount School General Obligations $ 123,394,245 School Literary Loans 1,196,169 Non - School General Obligations 1,803,582 County Lease /Revenue Obligations 31,721,500 Other Obligations 137,571 Total $158,253,067 DAVENPORT &COMPANY September 14, 2016 '��x ,,.;;�,�;�I? Tax Supported Debt Service FY Principal Interest Total 10 -yr Payout Total 158,253,067 55,508,389 213,761,456 2017 12,281,479 7,032,361 19,313,841 67.3% 2018 12,239,456 6,399,340 18,638,796 69.5% 2019 11,858,948 5,823,453 17,682,401 71.7% 2020 11,760,478 5,263,333 17,023,811 74.2% 2021 11,383,537 4,720,823 16,104,360 76.4% 2022 11,457,809 4,201,285 15,659,094 79.3% 2023 10,066,131 3,690,404 13,756,534 82.1% 2024 9,326,735 3,238,272 12,565,006 85.2% 2025 8,467,548 2,828,980 11,296,528 89.1% 2026 7,690,434 2,459,922 10,150,356 94.1% 2027 7,206,178 2,140,212 9,346,389 99.2% 2028 6,683,542 1,853,224 8,536,767 100.0% 2029 6,360,043 1,590,541 7,950,583 100.0% 2030 5,494,443 1,368,223 6,862,666 100.0% 2031 5,585,510 1,024,295 6,609,805 100.0% 2032 4,728,509 686,454 5,414,964 100.0% 2033 4,222,708 516,981 4,739,689 100.0% 2034 4,070,124 362,789 4,432,913 100.0% 2035 3,888,025 218,383 4,106,408 100.0% 2036 3,076,430 82,940 3,159,369 100.0% 2037 405,000 6,176 411,176 100.0% Notes: (1) Estimated debt outstanding includes up through the 2016 VPSA Spring Pool Issuance. (2) Existing Tax Supported debt is estimated based on information obtained in the County's 2015 CAFR, schedules provided by Staff, and official statements for publically issued debt through VPSA and VRA. (3) 2011 QSCB interest is shown gross of federal subsidy. Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements. Frederick County, Virginia 11 Key Debt Ratio: Tax Supported Payout Ratio 10 -Year Payout Ratio 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% ti °o rn o � N ch � � co � °o rn o � N m � in co � -I � -I � -I N N N N N N N N N N C�7 C�7 C� C�7 C�7 C� C'� C'� O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N ■ Proposed Policy Range ■ 10 -yr Payout ■ Existing 10 -year Payout Ratio — FY 2017: 67.3% ■ The 10 -Year Payout Ratio measures the amount of principal to be retired in the next 10 years. ■ This ratio is an important metric that indicates whether or not a locality is back - loading its debt. ■ The County may want to consider establishing a Financial Policy as it relates to a minimum 10 -Year Payout Ratio policy. 10 -Year Pavo ut Ratio Peer Comaarative Frederlek, VA (2017) National'Aaa' Medlan National'Aa' Medlan National'A' Medlan VA'Aaa' Medlan VA'Aa' Medlan VA'A'Medlan 0 10 20 30 40 50 60 70 SO 90 100 Percent Rating Considerations �r.,` ■ Moody's: Moody's rating criteria for General Obligation credits allows for a scorecard adjustment if an issuer has unusually slow or rapid amortization of debt principal. ■ S &P: A payout ratio greater than 65 %results in a one point positive qualitative adjustment to the Debt &Contingent Liabilities section of S &P's General Obligation rating methodology. DAVENPORT &COMPANY Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements, as well as Moody's and S &P. September 14, 2016 Frederick County, Virginia 12 Key Debt Ratio: Debt to Assessed Value Debt to Assessed Value 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% ti °o rn o� N ch �� co ti °o rn o� N m� � o ti .--I .—I .—I N N N N N N N N N N M M M m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N Proposed Policy Range ■Existing ■ Existing Debt to Assessed Value — FY 2017: ■ Assumed Future Growth Rates — 1/1/2016 Assessed Value: — 2017 &Beyond: — 5 Yr. Avg. Growth — 10Yr. Avg. Growth 1.50% $10,469,863,397 1.00% 2.27% 2.35% ■ The County may want to consider establishing a Financial Policy as it relates to a maximum Debt to Assessed Value ratio. Debt to Assessed Value Peer Comaarative Frederlek, VA (2017) National'Aaa' Medlan National 'Aa' Median National'A' Median VA'Aaa' Medlan VA'Aa' Median VA'A' Medlan 0.00 0.50 1.00 1.50 2.00 2.50 3.00 Percent Rating Considerations ',.��,�{ Lower is ■ Moody's: Under the Debt /Pensions section of Moody's methodology, debt to full value categories are defined as follows: — Aa: 0.75 % - 1.75% — A: 1.75% - 4.00% — Baa and below: >4.00% ■ S &P: A positive qualitative adjustment is made to the Debt and Contingent Liabilities score for a debt to market value ratio below 3.00 %, while a negative adjustment is made for a ratio above 10.00 %. DAVENPORT &COMPANY Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements, as well as Moody's and S &P. September 14, 2016 Frederick County, Virginia 13 Key Debt Ratio: Debt Service vs. Expenditures Debt Service vs. Governmental Exaenditures 1s.00 °i° 15.00% 12.00% 9.00% 6.00% 3.00% - - - - 0.00% � T. TI , , � � �, �.,�, ti w rn o� N m �� co � co rn o� N m� �n co ti .—I .—I .—I N N N N N N N N N N (+') m m m m m c+� m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N ®Proposed Policy Range ■Existing Debt Service vs. Exaenditures Peer Comaarative Frederlek, VA {2017) 7.4% National 'Aaa' Medlan N ational'Aa' Medlan National'A' Medlan VA'Aaa' Medlan VA'Aa' Medlan VA'A' Medlan ',.��,�{ 0.0 20 4.0 6.0 S.0 10.0 12.0 14.0 16.0 Percent ■ Existing Debt Service vs. Expenditures Rating Considerations — FY 2017: 7.37% ■ Moody's: Moody's criteria allows for a scorecard adjustment if an issuer has very high or low debt service relative to its budget: ■ Assumed Future Growth Rates — 2015 Adj. Expenditures�l�: $220,088,658 — 2016 �2� 4.30% — 2017 �2� 5.70% — 2018 &Beyond 1.00% — 5 Yr. Avg. Growth 4.10% — 10Yr. Avg. Growth 3.40% ■ The County may want to consider establishing a Financial Policy as it relates to a maximum Debt Service vs. Expenditures ratio. ■ S &P: The Debt and Contingent Liabilities section defines categories of Net Direct Debt as a % of Total Governmental Funds Expenditures as follows: — Very Strong: <8% � — Strong: 8% - 15% — Adequate: 15% - 25% — Weak: 25 % -35% — Very Weak: > 35% (1) Governmental Expenditures represent the ongoing operating expenditures of the County and School Board (net of transfers). In this analysis, debtservice and capital outlay expenditures are excluded. (2) Growth rates shown for 2016 & 2017 are based upon County expenditure growth included in the respective fiscal year budgets. DAVENPORT &COMPANY Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements, as well as Moody's and S &P. September 14, 2016 Frederick County, Virginia 14 Decline in Tax Supported Debt Service �,. Existing Tax Supported Debt Service Decline Existing Tax Supported Debt Service Decline zo.o F�' Existing Debt Curttoulative 1s.o - -� -�,- - - - - - - - Service Decline � 1s.o �1 Total 213,761,456 14.0 - - - - - - - - - - - - - - - - - - - - - - 2017 19,313,841 - 1z.o - - - - - - - - - - - - - - - - - - - - - - 2018 18,638,796 675,045 10.0 2019 17,682,401 1,631,439 8'0 2020 17,023,811 2,290,030 s.o 2021 16,104,360 3,209,481 4.0 - — — — — — — — — — — — — — — — — — — - - z.o 2022 15,659,094 3,654,747 2023 13,756,534 5,557,306 r` oo m o �+ N m� u� co r` ro m o� N m a� o ti 2024 12,565,006 6,748,834 .—I .—I �—I N N N N N N N N N N M m m n'7 M M M ch O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N 2025 11,296,528 8,017,313 ■Existing Debt Service ■Cumulative Decline 2026 10,150,356 9,163,485 2027 9,346,389 9,967,451 2028 8,536,767 10,777,074 2029 7,950,583 11,363,258 2030 6,862,666 12,451,175 2031 6,609,805 12,704,036 2032 5,414,964 13,898,877 2033 4,739,689 14,574,151 2034 4,432,913 14,880,928 2035 4,106,408 15,207,433 2036 3,159,369 16,154,471 2037 411,176 18,902,665 DAVENPORT &COMPANY Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements September 14, 2016 Frederick County, Virginia 15 Debt Affordability Analysis Existing Deb+ A R (; (1 F F (; H I I K I M N () P () R S ■ Assumed FY2017 Value of a Penny �3�: $800,000 ■ Assumed Growth Rate: 1.00% (1) The 2015B VRA debt service matures in FY 2036; however, the reimbursement schedule from the Millwood Fire Department allows for payments through FY 2042. (2) Note: 2011 QSCB debt service is shown per sinking fund requirements, gross of earnings and with gross interest expense. At the time of the issuance, the published QTCB (subsidy) rates were well above the stated coupon rates. Therefore, at issue, interest expense should be fully subsidized by the Federal Government. However, due to sequestration, a reduction in subsidy was implemented. For the period 10/1/2016 to 9/30/2017, the sequester reduction is 6.9 %. (3) Provided by Staff. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 16 FY Existing Debt Service CIP CIP Debt Operating Service CIP Pay- Go Cash Impact Total General Funtl General Funtl Butlgetetl Debt Butlgetetl for Service Pay -Go Cash Other Rountl Hill Fire Available (35.35% of Revenues VPFP 2014) Millwootl Fire Reimbursement «� Cretlits for Series 2011 QSCBS «� Total Revenues Available Surplus/ (Deficit) Estimatetl Revenue From Capital Reserve Atlj ustetl Surplus/ Incremental Tax Prior Tax Impact Utilizetl (Deficit) Equivalent Capital Reserve Funtl Balance 2017 19,313,841 - - - 19,313,841 18,830,782 - - 131,088 74,999 276,973 19,313,841 - - - - - - 2018 18,638,796 - - - 18,638,796 18,830,782 - - 130,435 74,999 276,973 19,313,188 674,392 - - 674,392 - 674,392 2019 17,682,401 - - - 17,682,401 18,830,782 - - 131,149 74,999 276,973 19,313,902 1,631,500 - - 1,631,500 - 2,305,892 2020 17,023,811 - - - 17,023,811 18,830,782 - - 131,699 74,999 276,973 19,314,452 2,290,641 - - 2,290,641 4,596,533 2021 16,104,360 - - - 16,104,360 18,830,782 - - 130,354 74,999 276,973 19,313,107 3,208,747 - - 3,208,747 7,805,280 2022 15,659,094 - - - 15,659,094 18,830,782 - - 130,544 74,999 276,973 19,313,297 3,654,203 - - 3,654,203 11,459,484 2023 13,756,534 - - - 13,756,534 18,830,782 - - 130,456 74,999 276,973 19,313,209 5,556,675 - - 5,556,675 - 17,016,158 2024 12,565,006 - - - 12,565,006 18,830,782 - - 130,186 74,999 276,973 19,312,939 6,747,933 - - 6,747,933 - 23,764,091 2025 11,296,528 - - - 11,296,528 18,830,782 - - 131,458 74,999 276,973 19,314,211 8,017,683 - - 8,017,683 - 31,781,774 2026 10,150,356 - - - 10,150,356 18,830,782 - - 130,735 74,999 276,973 19,313,488 9,163,132 - - 9,163,132 - 40,944,907 2027 9,346,389 - - - 9,346,389 18,830,782 - - 131,837 74,999 276,973 19,314,590 9,968,200 - - 9,968,200 50,913,107 2028 8,536,767 - - - 8,536,767 18,830,782 - - 131,209 74,999 276,973 19,313,962 10,777,196 - - 10,777,196 61,690,303 2029 7,950,583 - - - 7,950,583 18,830,782 - - 130,401 74,999 276,973 19,313,154 11,362,571 - - 11,362,571 73,052,873 2030 6,862,666 - - - 6,862,666 18,830,782 - - 131,168 74,999 276,973 19,313,921 12,451,256 - - 12,451,256 - 85,504,129 2031 6,609,805 - - - 6,609,805 18,830,782 - - 130,442 74,999 276,973 19,313,195 12,703,390 - - 12,703,390 - 98,207,519 2032 5,414,964 - - - 5,414,964 18,830,782 - - 131,777 74,999 138,486 19,176,044 13,761,080 - - 13,761,080 - 111,968,599 2033 4,739,689 - - - 4,739,689 18,830,782 - - 131,143 74,999 - 19,036,924 14,297,234 - - 14,297,234 - 126,265,833 2034 4,432,913 - - - 4,432,913 18,830,782 - - 130,334 74,999 - 19,036,115 14,603,202 - - 14,603,202 140,869,035 2035 4,106,408 - - - 4,106,408 18,830,782 - - 131,126 74,999 - 19,036,907 14,930,499 - - 14,930,499 155,799,535 2036 3,159,369 - - - 3,159,369 18,830,782 - - 131,576 74,999 - 19,037,357 15,877,987 - - 15,877,987 171,677,522 2037 411,176 - - - 411,176 18,830,782 - - - 74,999 - 18,905,781 18,494,604 - - 18,494,604 - 190,172,126 2038 - - - - - 18,830,782 - - - 74,999 - 18,905,781 18,905,781 - - 18,905,781 - 209,077,907 2039 - - - - - 18,830,782 - - - 74,999 - 18,905,781 18,905,781 - - 18,905,781 - 227,983,688 2040 - - - - - 18,830,782 - - - 74,999 - 18,905,781 18,905,781 - - 18,905,781 - 246,889,468 2041 - - - - - 18,830,782 - - 74,999 - 18,905,781 18,905,781 - - 18,905,781 265,795,249 2042 2043 2044 2045 - - - - - - - - - - - - - - - - - - - - 18,830,782 - 18,830,782 - 18,830,782 - 18,830,782 - - - - - 50,332 - - - - - - - 18,881,114 18,830,782 18,830,782 18,830,782 18,881,114 18,830,782 18,830,782 18,830,782 - - 18,881,114 - - 18,830,782 - - 18,830,782 - - 18,830,782 ipt�l i�x Bffect 284,676,362 303,507,144 - 322,337,926 - 341,168,707 ®. ® ®C ■ Assumed FY2017 Value of a Penny �3�: $800,000 ■ Assumed Growth Rate: 1.00% (1) The 2015B VRA debt service matures in FY 2036; however, the reimbursement schedule from the Millwood Fire Department allows for payments through FY 2042. (2) Note: 2011 QSCB debt service is shown per sinking fund requirements, gross of earnings and with gross interest expense. At the time of the issuance, the published QTCB (subsidy) rates were well above the stated coupon rates. Therefore, at issue, interest expense should be fully subsidized by the Federal Government. However, due to sequestration, a reduction in subsidy was implemented. For the period 10/1/2016 to 9/30/2017, the sequester reduction is 6.9 %. (3) Provided by Staff. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 16 Observations "��;�{ ■ The County's debt profile is well managed and exhibits material step down in annual debt service over the next several years. ■ The County compares well to its Rated Peers. ■ Within Key Debt Ratios, the County has Debt Capacity to fund future Capital Needs. ■ Development of a long -range Capital Financing Model /Plan will be critical to understanding the County's future Debt Affordability. This creates the framework for developing and monitoring debt policies which enhance the County's ability to continue building upon the solid financial foundation achieved to date. ■ The County participates in several regional government entities. The County is not directly involved with the daily operations nor is it financially responsible for these entities, as such these entities are not included in the County's CAFR. However, to the extent these entities pass- through capital and operational expenditures to the County at some level, it may be worthwhile discussing future participation and fiscal requirements that may potentially impact the County's budget. The entities which require further discussion and which have not been included in this analysis are: — Handley Regional Library Board; — Northwestern Regional Jail Authority; — Winchester Regional Airport Authority; — Frederick - Winchester Service Authority; — Northwestern Community Services Board; and — Frederick County Sanitation Authority. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 17 �r.,` i�� \' �LJf i i ` DAVENPORT &COMPANY September 14, 2016 Analysis of Selected Capital Projects fey Funding & Proje�� ` �sumption Non - School Project ■ Courthouse — Issue Date of — Term /Amortization — Interest Rate — Total Estimated Project Amount — Incremental Operating Costs — Operating Impact Commences at Open Joint Project ■ Joint Administration Facility (County /Schools) "��;�{ — Issue Date of 5/1/2018 — Term /Amortization 20 Years (Level Principal) — Interest Rate 4.50% — Total Estimated Project Amount $40,000,000* — Incremental Operating Costs $500,000* — Operating Impact Commences at Open FY 2020 ■ 4t "High School School Projects � Note -Total Project Amount is spread over 7 bond issuances as follows: — Issue Date of 5/1/2017 ■ 12t" Elementary School and Armel Elementary School Addition 5/1/2023 � Note -Total Project Amount is spread over 4 bond issuances as follows: 20 Years (Level Principal) — Issue Date of 11/1/2016 $8,800,000 (at 4.0 %) 5.0% — Issue Date of 5/1/2017 $8,800,000 (at 4.0 %) $50,000,000* — Issue Date of 11/1/2017 $8,900,000 (at 4.50 %) $500,000* — Issue Date of 5/1/2018 $4.400.000 (at 4.50 %j FY 2025 — Total Estimated Project Amount $30,900,000* FY 2021 — Incremental Operating Costs $2,300,000* — Operating Impact Commences at Open FY 2019 — Term /Amortization 20 Years (Level Principal) — Issue Date of 5/1/2018 — Term /Amortization 20 Years (Level Principal) — Interest Rate 4.50% — Total Estimated Project Amount $40,000,000* — Incremental Operating Costs $500,000* — Operating Impact Commences at Open FY 2020 ■ 4t "High School � Note -Total Project Amount is spread over 7 bond issuances as follows: — Issue Date of 5/1/2017 $13,700,000 (at 4.0 %) — Issue Date of 11/1/2017 $13,700,000 (at 4.50 %) — Issue Date of 5/1/2018 $13,700,000 (at 4.50 %) — Issue Date of 11/1/2018 $13,700,000 (at 4.50 %) — Issue Date of 5/1/2019 $13,700,000 (at 5.0 %) — Issue Date of 11/1/2019 $14,100,000 (at 5.0 %) — Issue Date of 5/1/2020 $2.600.000 (at 5.0 %j — Total Estimated Project Amount $85,200,000* — Incremental Operating Costs $7,200,000* — Operating Impact Commences at Open FY 2021 — Term /Amortization 20 Years (Level Principal) DAVENPORT &COMPANY *Preliminary, subject to change. September 14, 2016 rederick County, Virginia Debt Profile and Key Debt Ratios 35.0 c 30.0 25.0 20.0 15.0 10.0 5.0 Total Debt Service 111..1..11..1..11.1...,1. � .1.,.,11.1...1....�,i, =,! : ! ■ ■ ■ I� W 67 O rl N M d' � CO I` W 67 O rl N M d' � O N W 67 O rl N M�� rl c-I c-I N N N N N N N N N N M M M M M M M M M M�� Y CY �Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ■Existing ■ FY 2017 ■ FY 2018 ■ FY 2019 ■ FY 2020 ■ FY 2023 Debt Service to expenditures Proposed Policy Range ■Existing ■Proposed Debt DAVENPORT &COMPANY September 14, 2016 �r.,` ■ Proposed Policy Range ■Existing - Proposed Debt 1 n X�a�r IPav�uflt IRato� Frederick County, Virginia 20 Debt Affordability Analysis Existing &Proposed Deli � The figures in the table below are based upon preliminary planning estimates and are subject to change. A 8 C D E F G H I 1 K L M N D P D ',.��,�{ R S ■ Assumed FY2017 Value of a Penny �4�: $800,000 ■ Assumed Growth Rate: 1.00% (1) The CIP Operating Impact represents the estimated incremental increase to annual operating expenses related to the Selected Projects: (a) $2.3 Million commencing FY 2019 for the 12�' Elementary School and Armel Elementary School Addition; (b) $0.5 Million commencing FY 2020 for the Joint Administration Facility; (c) $7.2 Million commencing FY 2021 for the 4th High School; and (d) $0.5 Million commencing FY 2025 for the Courthouse. (2) The 2015B VRA debt service matures in FY 2036; however, the reimbursement schedule from the Millwood Fire Department allows for payments through FY 2042. (3) Note: 2011 QSCB debt service is shown per sinking fund requirements, gross of earnings and with gross interest expense. At the time of the issuance, the published QTCB (subsidy) rates were well above the stated coupon rates. Therefore, at issue, interest expense should be fully subsidized by the Federal Government. However, due to sequestration, a reduction in subsidy was implemented. For the period 10/1/2016 to 9/30/2017, the sequester reduction is 6.9 %. (4) Provided by Staff. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 21 FY Existing De bt Service CIP Debt Service CIP Pay- Go Cash CIP Operating Impact «� Total General Funtl General Funtl Butlgetetl Debt Butlgetetl for Service Pay -Go Cash Other Rountl Hill Fire Available (35.35%of Revenues VPFP 2014) Millwootl Fire Reim bursement«� Cretlits for Series 2011 QSCBS �3� Total Revenues Available Surplus/ (Deficit) Revenue From Capital Reserve Prior Tax lm pact Utilizetl Estimatetl Atljustetl Surplus/ Incremental Tax (Deficit) Equivalent Capital Reserve Funtl Balance 2017 19,313,841 - - - 19,313,841 18,830,782 - - 131,088 74,999 276,973 19,313,841 - - - - - 2018 18,638,796 1,546,200 - - 20,184,996 18,830,782 - - 130,435 74,999 276,973 19,313,188 (871,808) - - (871,808) 1.084 - 2019 17,682,401 9,509,800 - 2,300,000 29,492,201 18,830,782 - - 131,149 74,999 276,973 19,313,902 (10,178,300) 880,526 - (9,297,774) 11.394 - 2020 17,023,811 12,094,325 - 2,800,000 31,918,136 18,830,782 - - 131,699 74,999 276,973 19,314,452 (12,603,684) 10,280,083 - (2,323,601) 2.$24 - 2021 16,104,360 14,170,450 - 10,000,000 40,274,810 18,830,782 - - 130,354 74,999 276,973 19,313,107 (20,961,703) 12,729,721 - (8,231,981) 9.894 - 2022 15,659,094 13,808,950 - 10,000,000 39,468,044 18,830,782 - - 130,544 74,999 276,973 19,313,297 (20,154,747) 21,171,320 - 1,016,573 1,016,573 2023 13,756,534 13,457,950 - 10,000,000 37,214,484 18,830,782 - - 130,456 74,999 276,973 19,313,209 (17,901,275) 21,383,033 - 3,481,757 - 4,498,330 2024 12,565,006 18,044,450 - 10,000,000 40,609,456 18,830,782 - - 130,186 74,999 276,973 19,312,939 (21,296,517) 21,596,863 - 300,346 - 4,798,676 2025 11,296,528 17,568,450 - 10,50Q000 39,364,978 18,830,782 - - 131,458 74,999 276,973 19,314,211 (2Q050,767) 21,812,832 - 1,762,065 6,560,741 2026 10,150,356 17,092,450 - 10,500,000 37,742,806 18,830,782 - - 130,735 74,999 276,973 19,313,488 (18,429,318) 22,030,960 - 3,601,642 10,162,383 2027 9,346,389 16,616,450 - 10,500,000 36,462,839 18,830,782 - - 131,837 74,999 276,973 19,314,590 (17,148,250) 22,251,270 - 5,103,020 - 15,265,403 2028 8,536,767 16,140,450 - 10,500,000 35,177,217 18,830,782 - - 131,209 74,999 276,973 19,313,962 (15,863,254) 22,473,782 - 6,610,528 - 21,875,931 2029 7,950,583 15,664,450 - 10,500,000 34,115,033 18,830,782 - - 130,401 74,999 276,973 19,313,154 (14,801,879) 22,698,520 - 7,896,641 29,772,572 2030 6,862,666 15,188,450 - 10,500,000 32,551,116 18,830,782 - - 131,168 74,999 276,973 19,313,921 (13,237,194) 22,925,505 - 9,688,311 39,460,883 2031 6,609,805 14,712,450 - 10,500,000 31,822,255 18,830,782 - - 130,442 74,999 276,973 19,313,195 (12,509,060) 23,154,760 - 10,645,700 - 50,106,583 2032 5,414,964 14,236,450 - 10,500,000 30,151,414 18,830,782 - - 131,777 74,999 138,486 19,176,044 (10,975,370) 23,386,308 - 12,410,938 - 62,517,521 2033 4,739,689 13,760,450 - 10,500,000 29,000,139 18,830,782 - - 131,143 74,999 - 19,036,924 (9,963,216) 23,620,171 - 13,656,955 - 76,174,476 2034 4,432,913 13,284,450 - 10,500,000 28,217,363 18,830,782 - - 130,334 74,999 - 19,036,115 (9,181,248) 23,856,373 - 14,675,125 90,849,602 2035 4,106,408 12,808,450 - 10,500,000 27,414,858 18,830,782 - - 131,126 74,999 - 19,036,907 (8,377,951) 24,094,937 - 15,716,986 106,566,588 2036 3,159,369 12,332,450 - 10,500,000 25,991,819 18,830,782 - - 131,576 74,999 - 19,037,357 (6,954,463) 24,335,886 - 17,381,423 - 123,948,011 2037 411,176 11,856,450 - 10,500,000 22,767,626 18,830,782 - - - 74,999 - 18,905,781 (3,861,846) 24,579,245 - 20,717,399 144,665,410 2038 - 10,949,250 - 10,500,000 21,449,250 18,830,782 - - - 74,999 - 18,905,781 (2,543,469) 24,825,037 - 22,281,568 166,946,977 2039 - 6,328,775 - 10,500,000 16,828,775 18,830,782 - - - 74,999 - 18,905,781 2,077,006 25,073,288 - 27,150,293 - 194,097,271 2040 - 4,502,000 - 10,500,000 15,002,000 18,830,782 - - - 74,999 - 18,905,781 3,903,781 25,324,020 - 29,227,801 - 223,325,072 2041 - 2;945,750 - 10,500,000 13,445,750 18,830,782 - - - 74,999 - 18,905,781 5,460,031 25,577,261 - 31,037,291 254,362,363 2042 - 2,687,500 - 10,500,000 13,187,500 18,830,782 - - - 50,332 - 18,881,114) 5,693,614 25,833,033 - 31,526,647 285,889,010 2043 - 2,562,500 - 10,500,000 13,062,500 18,830,782 - - - - - 18,830,782' 5,768,282 26,091,364 - 31,859,645 - 317,748,655 2044 - - - 10,500,000 10,500,000 18,830,782 - - - - - 18,830,782 8,330,782 26,352,277 - 34,683,059 - 352,431,714 2045 - - - 10,500,000 10,500,000 18,830,782 - - - - - 18,830,782 8,330,782 26,615,800 - 34,946,582 38,378,295 Total 4ax Effeot 25.7L84 ■ Assumed FY2017 Value of a Penny �4�: $800,000 ■ Assumed Growth Rate: 1.00% (1) The CIP Operating Impact represents the estimated incremental increase to annual operating expenses related to the Selected Projects: (a) $2.3 Million commencing FY 2019 for the 12�' Elementary School and Armel Elementary School Addition; (b) $0.5 Million commencing FY 2020 for the Joint Administration Facility; (c) $7.2 Million commencing FY 2021 for the 4th High School; and (d) $0.5 Million commencing FY 2025 for the Courthouse. (2) The 2015B VRA debt service matures in FY 2036; however, the reimbursement schedule from the Millwood Fire Department allows for payments through FY 2042. (3) Note: 2011 QSCB debt service is shown per sinking fund requirements, gross of earnings and with gross interest expense. At the time of the issuance, the published QTCB (subsidy) rates were well above the stated coupon rates. Therefore, at issue, interest expense should be fully subsidized by the Federal Government. However, due to sequestration, a reduction in subsidy was implemented. For the period 10/1/2016 to 9/30/2017, the sequester reduction is 6.9 %. (4) Provided by Staff. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 21 Financial Policy Guidelines ',.��,�{ ■ As the County moves forward in assessing future capital projects and developing a plan of finance, Davenport recommends that the County Board of Supervisors consider adopting, amending, and /or enhancing a series of Financial Policy Guidelines that cover the following areas of County operations: — Capital Improvement Budget Policies; — Debt Policies; — Reserve Policies; and — Budget Development Policies. ■ Financial Policy Guidelines can serve to: — Contribute to the County's ability to insulate itself from fiscal crisis; — Enhance short -term and long -term financial performance by helping to achieve the highest credit and bond ratings possible; — Promote long -term financial stability by establishing clear and consistent guidelines; — Direct attention to the total financial picture of the County rather than single issue areas; — Promote the view of linking long -term financial planning with day -to -day operations; and — Provide the County Staff, County Board of Supervisors, and Citizens a framework for measuring the fiscal impact of government services against established fiscal parameters and guidelines. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 22 �r.,` i�� \' �LJf i i ` Details: Existing Tax Supported Debt DAVENPORT &COMPANY September 14, 2016 Total Tax Supported ®ebt Service School (General Obligations) School (0_it 0_oans) FY Principal Interest Total FY Principal Interest Total FY Prinoipal Interest Total Total 158,253,067 55,508,389 213,761,456 Total 123,394,245 39,664,672 163,058,917 Total 1,196,169 47,345 1,243,514 2017 12,281,479 7,032,361 19,313,841 2017 10,049,127 5,512,068 15,561,195 2017 814,169 35,885 850,054 2018 12,239,456 6,399,340 18,638,796 2018 10,402,583 4,957,708 15,360,291 2018 382,000 11,460 393,460 2019 11,858,948 5,823,453 17,682,401 2019 10,341,220 4,453,035 14,794,255 2019 - - - 2020 11,760,478 5,263,333 17,023,811 2020 10,180,047 3,954,044 14,134,091 2020 - - - 2021 11,383,537 4,720,823 16,104,360 2021 9,733,540 3,491,494 13,225,034 2021 - - - 2022 11,457,809 4,201,285 15,659,094 2022 9,731,944 3,041,115 12,773,059 2022 - - - 2023 10,066,131 3,690,404 13,756,534 2023 8,590,784 2,607,867 11,198,651 2023 - - - 2024 9,326,735 3,238,272 12,565,006 2024 7,780,000 2,230,754 10,010,754 2024 - - - 2025 8,467,548 2,828,980 11,296,528 2025 6,855,000 1,895,969 8,750,969 2025 - - - 2026 7,690,434 2,459,922 10,.150,356 2026 6,000,000 1,610,521 7,610,521 2026 - - - 2027 7,206,178 2,140,212 9,346,389 2027 5,425,000 1,373,569 6,798,569 2027 - - - 2028 6,683,542 1,853,224 8,536,767 2028 4,815,000 1,169,750 5,984,750 2028 - - - 2029 6,360,043 1,590,541 7,950,583 2029 4,410,000 995,019 5,405,019 2029 - - - 2030 5,494,443 1,368,223 6,862,666 2030 3,455,000 860,449 4,315,449 2030 - - - 2031 5,585,510 1,024,295 6,609,805 2031 3,455,000 603,800 4,058,800 2031 - - - 2032 4,728,509 686,454 5,414,964 2032 3,080,000 351,221 3,431,221 2032 - - - 2033 4,222,708 516,981 4,739,689 2033 2,685,000 255,205 2,940,205 2033 - - - 2034 4,070,124 362,789 4,432,913 2034 2,460,000 169,406 2,629,406 2034 - - - 2035 3,888,025 218,383 4,106,408 2035 2,210,000 91,711 2,301,711 2035 - - - 2036 3,076,430 82,940 3,159,369 2036 1,330,000 33,791 1,363,791 2036 - - - 2037 405,000 6,176 411,176 2037 405,000 6,176 411,176 2037 - - - DAVENPORT &COMPANY Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements September 14, 2016 Frederick County, Virginia 24 Existing Tax Supported Debt Non - School (General Obligations) Non - School (Lease /Reveroue Obligations) Non- School (Other Obligations) FY Prlrocipal Interest Total FY Prirocipal Interest Total FY Prinoipal Interost Total Total 1,803,582 157,776 1,961,357 Total 31,721,500 15,620,425 47,341,925 Total 137,571 18,172 155,744 2017 282,705 44,188 326,893 2017 1,101,250 1,435,592 2,536,842 2017 34,228 4,629 38,858 2018 289,631 37,261 326,893 2018 1,146,250 1,389,271 2,535,521 2018 18,992 3,639 22,631 2019 296,727 30,166 326,893 2019 1,206,250 1,337,157 2,543,407 2019 14,751 3,096 17,847 2020 303,997 22,896 326,893 2020 1,261,250 1,283,843 2,545,093 2020 15,184 2,550 17,734 2021 311,445 15,448 326,893 2021 1,325,561 1,212,204 2,537,765 2021 12,991 1,678 14,669 2022 319,075 7,817 326,893 2022 1,393,399 1,151,075 2,544,473 2022 13,391 1,277 14,669 2023 - - - 2023 1,461,543 1,081,673 2,543,215 2023 13,804 864 14,669 2024 - - - 2024 1,532,505 1,007,079 2,539;583 2024 14,230 439 14,669 2025 - - - 2025 1,612,548 933,011 2,545,559 2025 - - - 2026 - - - 2026 1,690,434 849,401 2,539,835 2026 - - - 2027 - - - 2027 1,781,178 766,643 2,547,821 2027 - - - 2028 - - - 2028 1,868,542 683,474 2,552,017 2028 - - - 2029 - - - 2029 1,950,043 595,522 2,545,564 2029 - - - 2030 - - - 2030 2,039,443 507,774 2,547,217 2030 - - - 2031 - - - 2031 2,130,510 420,495 2,551,005 2031 - - - 2032 - - - 2032 1,648,509 335,233 1,983,743 2032 - - - 2033 - - - 2033 1,537,708 261,776 1,799,484 2033 - - - 2034 - - - 2034 1,610,124 193,383 1,803,506 2034 - - - 2035 - - - 2035 1,678,025 126,672 1,804,697 2035 - - - 2036 - - - 2036 1,746,430 49,149 1,795,578 2036 - - - 2037 - - - 2037 - - - 2037 - - - DAVENPORT &COMPANY Source: 2015 CAFR, schedules from Staff, and VPSA and VRA official statements September 14, 2016 Frederick County, Virginia 25 School: General Obligations �r.,` $1,200,000 $1,355,000 $3,200,000 VPSA School Bonds, Series 1996 VPSA School Bonds, Series 1997 VPSA School Bonds, Series 1998 Total 60,000 1,568 61,568 Total 130,000 7,280 137,280 Total 480,000 36,720 516,720 2017 5.349% 60,000 1,568 61,568 2017 5.600% 65,000 5,460 70,460 2017 5.100% 160,000 20,400 180,400 2018 2018 5.475% 65,000 1,820 66,820 2018 5.100% 160,000 12,240 172,240 2019 2019 2019 5.100% 160,000 4,080 164,080 2020 2020 2020 2021 2021 2021 2022 2022 2022 2023 2023 2023 2024 2024 2024 2025 2025 2025 2026 2026 2026 2027 2027 2027 2028 2028 2028 2029 2029 2029 2030 2030 2030 2031 2031 2031 2032 2032 2032 2033 2033 2033 2034 2034 2034 2035 2035 2035 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. * Coupons and Interest include VPSA Annual Admin Fee. * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: # # # # # # # # ## Next Call: Current Dated Date: 5/1/1997 Next Call: Current Dated Date: 4/1/1998 Next Call: Current 100% 100% 100% Purpose: Stonewall/ Senseny Road Insurance: n/a Purpose: Repay 10M Bridge Loan Insurance: n/a Purpose: Additions Middletown/ Insurance: n/a Arm el Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2016 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2017 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2018 So urce:20S CAFR, schedules from Staff, and VPSA official statement. So urce:2015 CAFR, schedules from Staff, and VPSA official statement. So urce:20S CAFR, schedules from Staff, and VPSA official statement. DAVENPORT & COMPANY September 14, 2016 Frederick County, Virginia 26 School: General Obligations $4,650,000 VPSA School Bands, Series 1999 . . .. Total 920,000 95,565 1,015,565 2017 5.100% 230,000 41,630 271,630 2018 5.100% 230,000 29,900 259,900 2019 5.100% 230,000 18,026 248,026 2020 5.100% 230,000 6,009 236,009 2021 5.100% 840,000 64,260 904,260 2022 5.100% 840,000 21,420 861,420 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 *Coupons and Interest include VPSA Ann ual Admin Fee. Dated Date: 4/30/1999 Next Call: Current 100 Purpose: Back Creek (3.9M), Insurance: n/a Southeastern Elem (.75M) Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2019 So urce:20S CAFR, schedules from Staff, and VPSA official statement. DAVENPORT & COMPANY September 14, 2016 $4,100,000 VPSA School Bonds, Series 1999 Total 820,000 100,040 920,040 2017 6.100% 205,000 43,768 248,768 2018 6.100% 205,000 31,263 236,263 2019 6.100% 205,000 18,758 223,758 2020 6.100% 205,000 6,253 211,253 2021 5.100% 840,000 64,260 904,260 2022 5.100% 840,000 21,420 861,420 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/14/1999 Next Call: Current 100% Purpose: Back Creek ($4 1 million) Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2019 Sourc e:2015 CAFR, schedules from Staff, and VPSA official statement. �r.,` $18,600,000 VPSA School Bands, Series 2001 . . .. Total 5,040,000 771,120 5,811,120 2017 5.100% 840,000 235,620 1,075,620 2018 5.100% 840,000 192,780 1,032,780 2019 5.100% 840,000 149,940 989,940 2020 5.100% 840,000 107,100 947,100 2021 5.100% 840,000 64,260 904,260 2022 5.100% 840,000 21,420 861,420 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 5/17/2001 Next Call: Current 100% Purpose: Third High School (15.M), Insurance: n/a 11th elem (.8M), 4th MS (1M) Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2021 Source: 2015 CA FR, schedules from Staff, and VPSA official statem ent. Frederick County, Virginia 27 School: General Obligations $ 6,150,000 VPSA School Bands, Series 2001 Total 1,830,000 252,540 2,082,540 2017 4.550% 305,000 79,453 384,453 2018 4.550% 305,000 63,898 368,898 2019 4.550% 305,000 48,343 353,343 2020 4.550% 305,000 32,788 337,788 2021 4.550% 305,000 20,283 325,283 2022 4.550% 305,000 7,778 312,778 2023 420,000 74,205 494,205 2021 2024 415,000 52,913 467,913 2022 2025 415,000 31,748 446,748 2023 2026 415,000 10,583 425,583 2024 2027 2025 2028 2026 2029 2027 2030 2028 2031 2029 2032 2030 2033 2031 2034 2032 2035 2033 2036 2034 2037 2035 *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/15/2001 Next Call: Purpose: Millbrook High School (5.15M), Insurance: 11th elem (1M) Coupon Dates: 1/15, 7/15 Maturity Date Source:20S CAFR, schedules from Staff, and VPSA official statement. DAVENPORT &COMPANY Current 100 n/a 7/ 15/ 2021 $8,385,000 4.770% 165,000 53,048 218,048 VPSA School Bonds, Series 2002 4.770% 165,000 44,633 Total � •� •. 2,925,000 520,583 � . 3,445,583 2017 4.667% 420,000 138,465 558,465 2018 4.667% 420,000 117,045 537,045 2019 4.667% 420,000 95,625 515,625 2020 4.667% 420,000 74,205 494,205 2021 4.667% 415,000 52,913 467,913 2022 4.667% 415,000 31,748 446,748 2023 4.667% 415,000 10,583 425,583 2024 2027 2025 2028 2026 2029 2027 2030 2028 2031 2029 2032 2030 2033 2031 2034 2032 2035 2033 2036 2034 2037 2035 * Coupons and Interest include VPSA Annual Admin Fee. 2036 11/7/2002 Next Call: Current 2037 100% *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 4/30/2002 Next Call: Current 100% Purpose: Third High School - ($4.8MM), Insurance: n/a JWMS renov. ($3.6MM) Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2022 Source:2015 CAF R, schedules from Staff, and VP SA official statement. �r.,` $3,315,000 VPSA School Bonds, Series 2002 (Non- Subsidy) � •� •. � . Total 1,155,000 197,505 1,352,505 2017 4.770% 165,000 53,048 218,048 2018 4.770% 165,000 44,633 209,633 2019 4.770% 165,000 36,218 201,218 2020 4.770% 165,000 27,803 192,803 2021 4.770% 165,000 19,800 184,800 2022 4.770% 165,000 12,004 177,004 2023 4.770% 165,000 4,001 169,001 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/7/2002 Next Call: Current 100% Purpose: 3rd High School ($1.515M), Insurance: n/a JWMS ($.8 M), 4th MS (1 M) Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2022 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. September 14, 2016 Frederick County, Virginia 28 School: General Obligations $3,782,296 Dated Date: 11/14/2003 Next Call: $12,655,000 100% $5,980,000 4th middle school Insurance: n/a Coupon Dates: VPSA School Bands, Series 2002 (Subsidy) . . Maturity Date: .. VPSA School Bands, Series 2003 . . schedules from Staff, and VPSA official statement. .. VPSA School Bands, Series 2003 . . .. Total 1,434,245 250,052 1,684,297 Total 5,040,000 974,610 6,014,610 Total 2,380,000 479,730 2,859,730 2017 4.770% 194,127 66,084 260,211 2017 5.100% 630,000 228,375 858,375 2017 5.350% 300,000 113,355 413,355 2018 4.770% 197,583 56,096 253,679 2018 4.100% 630,000 199,395 829,395 2018 5.350% 300,000 97,305 397,305 2019 4.770% 201,220 45,926 247,146 2019 5.100% 630,000 170,415 800,415 2019 5.100% 300,000 81,630 381,630 2020 4.770% 205,047 35,566 240,613 2020 5.100% 630,000 138,285 768,285 2020 4.600% 300,000 67,080 367,080 2021 4.770% 208,540 25,541 234,081 2021 5.100% 630,000 106,155 736,155 2021 5.100% 295,000 52,658 347,658 2022 4.770% 211,944 15,605 227,549 2022 5.100% 630,000 74,025 704,025 2022 5.100% 295,000 37,613 332,613 2023 4.770% 215,784 5,233 221,017 2023 4.600% 630,000 43,470 673,470 2023 5.100% 295,000 22,568 317,568 2024 2024 4.600% 630,000 14,490 644,490 2024 5.100% 295,000 7,523 302,523 2025 2025 2025 2026 2026 2026 2027 2027 2027 2028 2028 2028 2029 2029 2029 2030 2030 2030 2031 2031 2031 2032 2032 2032 2033 2033 2033 2034 2034 2034 2035 2035 2035 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/7/2002 Next Call: Current 100 Purpose: 3rd High School = $3.8MM Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2022 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. DAVENPORT &COMPANY * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 4/30/2003 Next Call: Current 100% Purpose: Millbrook ($7MM), Insurance: n/a JWMS ($5.7MM), 4th MS ($0 M), Transp ($0) Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2023 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/14/2003 Next Call: Current 100% Purpose: 4th middle school Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2023 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. September 14, 2016 Frederick County, Virginia 29 School: General Obligations $8,580,000 Dated Date: 4/30/2004 Next Call: Current $8,550,000 100% Purpose: 4th middle $8.2MM, Insurance: $5,995,000 11th elem $1MM Coupon Dates: VPSA School Bonds, Series 2004 7/15/2024 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. VPSA School Bonds, Series 2004 VPSA School Bonds, Series 2005 Total 3,850,000 881,025 4,731,025 Total 3,825,000 790,547 4,615,547 Total 2,995,000 731,059 3,726,059 2017 5.100% 430,000 185,385 615,385 2017 5.100% 425,000 169,894 594,894 2017 5.100% 300,000 139,883 439,883 2018 5.100% 430,000 163,455 593,455 2018 5.100% 425,000 148,219 573,219 2018 5.100% 300,000 124,583 424,583 2019 5.100% 430,000 141,525 571,525 2019 5.100% 425,000 126,644 551,644 2019 5.100% 300,000 109,283 409,283 2020 5.100% 430,000 119,595 549,595 2020 4.100% 425,000 104,869 529,869 2020 4.100% 300,000 95,483 395,483 2021 5.100% 430,000 97,665 527,665 2021 4.225% 425,000 85,319 510,319 2021 5.100% 300,000 81,683 381,683 2022 5.100% 425,000 75,863 500,863 2022 4.600% 425,000 67,628 492,628 2022 5.100% 300,000 66,383 366,383 2023 5.100% 425,000 54,188 479,188 2023 4.600% 425,000 48,875 473,875 2023 5.100% 300,000 51,083 351,083 2024 5.100% 425,000 32,513 457,513 2024 4.600% 425,000 29,325 454,325 2024 5.100% 300,000 35,783 335,783 2025 5.100% 425,000 10,838 435,838 2025 4.475% 425,000 9,775 434,775 2025 5.100% 300,000 20,483 320,483 2026 2026 2026 4.350% 295,000 6,416 301,416 2027 2027 2027 2028 2028 2028 2029 2029 2029 2030 2030 2030 2031 2031 2031 2032 2032 2032 2033 2033 2033 2034 2034 2034 2035 2035 2035 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 4/30/2004 Next Call: Current 100% Purpose: 4th middle $8.2MM, Insurance: n/a 11th elem $1MM Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2024 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. DAVENPORT &COMPANY September 14, 2016 *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: # # # # # # # # ## Next Call: Current 100% Purpose: BMS$8.2MM, Insurance: n/a 11th elem $1MM Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2024 So urce:2015 CAFR, schedules from Staff, and VPSA official statement. * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 5/12/2005 Next Call: Current 100% Purpose: $1.5604thmiddle, Insurance: n/a $4.8 11th elem Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2025 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. Frederick County, Virginia 30 School: General Obligations $5,685,000 Dated Date: # # # # # # # # ## Next Call: Current $6,305,000 100% Purpose: $5.685 11th elem Insurance: $5,830,000 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2025 So urce: 20S CAFR, VPSA School Bonds, Series 2005 7/15/2026 So urce:2015 CAFR, schedules from Staff, and VPSA official statement. VPSA School Bonds, Series 2006 VPSA School Bonds, Series 2006 Total 2,835,000 690,498 3,525,498 Total 3,465,000 910,704 4,375,704 Total 3,190,000 788,981 3,978,981 2017 5.100% 285,000 133,818 418,818 2017 5.100% 315,000 160,414 475,414 2017 5.100% 290,000 136,228 426,228 2018 5.100% 285,000 119,283 404,283 2018 5.100% 315,000 144,349 459,349 2018 4.225% 290,000 122,706 412,706 2019 5.100% 285,000 104,748 389,748 2019 5.100% 315,000 128,284 443,284 2019 4.350% 290,000 110,273 400,273 2020 5.100% 285,000 90,213 375,213 2020 5.100% 315,000 112,219 427,219 2020 4.350% 290,000 97,658 387,658 2021 5.100% 285,000 75,678 360,678 2021 5.100% 315,000 96,154 411,154 2021 4.350% 290,000 85,043 375,043 2022 5.100% 285,000 61,143 346,143 2022 4.475% 315,000 81,073 396,073 2022 4.600% 290,000 72,065 362,065 2023 5.100% 285,000 46,608 331,608 2023 4.600% 315,000 66,780 381,780 2023 4.400% 290,000 59,015 349,015 2024 4.600% 280,000 32,900 312,900 2024 4.600% 315,000 52,290 367,290 2024 4.475% 290,000 46,146 336,146 2025 4.850% 280,000 19,670 299,670 2025 4.600% 315,000 37,800 352,800 2025 4.475% 290,000 33,169 323,169 2026 4.600% 280,000 6,440 286,440 2026 4.600% 315,000 23,310 338,310 2026 4.600% 290,000 20,010 310,010 2027 2027 5.100% 315,000 8,033 323,033 2027 4.600% 290,000 6,670 296,670 2028 2028 2028 2029 2029 2029 2030 2030 2030 2031 2031 2031 2032 2032 2032 2033 2033 2033 2034 2034 2034 2035 2035 2035 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: # # # # # # # # ## Next Call: Current 100% Purpose: $5.685 11th elem Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2025 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. 7/15/2026 DAVENPORT &COMPANY September 14, 2016 *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 5/10/2006 Next Call: 8/1/2016 100% Purpose: $5.7 Baines, Insurance: n/a $.830 -11th elem Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2026 So urce:2015 CAFR, schedules from Staff, and VPSA official statement. * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/9/2006 Next Call: 8/1/2016 100% Purpose: Replacement Insurance: n/a Gainesboro Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2026 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. Frederick County, Virginia 31 School: General Obligations $4,370,000 VPSA School Bands, Series 2007 Total 2,610,000 750,872 3,360,872 $3,800,000 VPSA School Bands, Series 2007 . . .. Total 2,280,000 688,418 2,968,418 $13,450,000 VPSA School Bands, Series 2008 Total 8,725,000 2,846,638 11,571,638 2017 5.100 % 220,000 121,376 341,376 2017 5.100 % 190,000 110,010 300,010 2017 2018 5.100% 220,000 110,156 330,156 2018 5.100% 190,000 100,320 290,320 2018 2019 5.100% 220,000 98,936 318,936 2019 5.100% 190,000 90,630 280,630 2019 2020 5.100% 220,000 87,716 307,716 2020 5.100% 190,000 80,940 270,940 2020 2021 4.100% 220,000 77,596 297,596 2021 5.100% 190,000 71,250 261,250 2021 2022 5.100% 220,000 67,476 287,476 2022 5.100% 190,000 61,560 251,560 2022 2023 5.100% 215,000 56,384 271,384 2023 4.350% 190,000 52,583 242,583 2023 2024 4.475%a 215,000 46,091 261,091 2024 5.100% 190,000 43,605 233,605 2024 2025 4.500% 215,000 36,443 251,443 2025 5.100% 190,000 33,915 223,915 2025 2026 4.500% 215,000 26,768 241,768 2026 5.100% 190,000 24,225 214,225 2026 2027 5.100% 215,000 16,448 231,448 2027 5.100% 190,000 14,535 204,535 2027 2028 5.100%a 215,000 5,483 220,483 2028 5.100% 190,000 4,845 194,845 2028 2029 2029 2029 2030 2030 2030 2031 2031 2031 2032 2032 2032 2033 2033 2033 2034 2034 2034 2035 2035 2035 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. 675,000 Dated Date: 4/30/2007 Next Call: 8/1/2017 675,000 389,988 100 Purpose: Gainesboro Insurance: n/a Coupon Dates: final borrowing 7/15/2027 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2027 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. 957,095 DAVENPORT &COMPANY * Coupons and Interest include VPSA Annual Admin Fee. 675,000 Dated Date: 11/4/2007 Next Call: 8/1/2017 675,000 389,988 100% Purpose: 12th Elementary School Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2027 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. 5.100% 5.100% 675,000 424,413 1,099,413 5.100% 675,000 389,988 1,064,988 5.100% 675,000 355,563 1,030,563 5.100% 670,000 321,265 991,265 5.100% 670,000 287,095 957,095 5.100% 670,000 252,925 922,925 5.100% 670,000 218,755 888,755 5.100% 670,000 184,585 854,585 5.100 % 670,000 150,415 820,415 5.100% 670,000 116,245 786,245 5.100% 670,000 82,075 752,075 5.100 % 670,000 47,905 717,905 4.600 % 670,000 15,410 685,410 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 4/30/2008 Next Call: 8/1/2018 100% Purpose: 12th elem, transportation, Insurance: n/a APR, Replacement FCMS Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2028 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. September 14, 2016 Frederick County, Virginia 32 School: General Obligations $5,720,000 VPSA School Bonds, Series 2008 � •� •. � . Total 3,705,000 1,260,626 4,965,626 $7,975,000 VPSA School Bonds, Series 2011 � •� •. � . Total 6,375,000 2,181,088 8,556,088 �r.,` $ 7,000,000 VPSA School Bonds, Series 2011 (QSCBS) � •� •. � . Total 5,540,000 4,313,750 9,853,750 2017 5.100% 285,000 186,675 471,675 2017 5.100% 400,000 280,100 680,100 2017 2018 5.100% 285,000 172,140 457,140 2018 5.100% 400,000 259,900 659,900 2018 2019 5.100% 285,000 157,605 442,605 2019 5.100% 400,000 239,700 639,700 2019 2020 5.350% 285,000 142,714 427,714 2020 5.100% 400,000 219,500 619,500 2020 2021 5.350% 285,000 127,466 412,466 2021 5.100% 400,000 199,300 599,300 2021 2022 5.250% 285,000 112,219 397,219 2022 5.100% 400,000 179,100 579,100 2022 2023 5.250% 285,000 96,971 381,971 2023 5.100% 400,000 158,900 558,900 2023 2024 5.250% 285,000 81,724 366,724 2024 5.100% 400,000 138,700 538,700 2024 2025 5.250% 285,000 66,476 351,476 2025 4.100% 400,000 118,500 518,500 2025 2026 5.250% 285,000 51,229 336,229 2026 4.100% 400,000 101,800 501,800 2026 2027 5.100% 285,000 36,338 321,338 2027 4.100% 400,000 87,100 487,100 2027 2028 5.100% 285,000 21,803 306,803 2028 4.100% 395,000 71,001 466,001 2028 2029 5.100% 285,000 7,268 292,268 2029 4.100% 395,000 55,498 450,498 2029 2030 2030 4.225% 395,000 39,994 434,994 2030 2031 2031 4.350% 395,000 23,996 418,996 2031 2032 2032 4.350% 395,000 7,999 402,999 2032 2033 2033 2033 2034 2034 2034 2035 2035 2035 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/25/2008 Next Call: 8/1/2018 100% Purpose: Schools Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2028 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. DAVENPORT &COMPANY *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/9/2011 Next Call: 8/1/2021 100% Purpose: Schools New Transportation Insurance: n/a Facility& Land for High /Middle School Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2031 So urce:2015 CAFR, schedules from Staff, and VPSA official statement. 5.100% 365,000 297,500 662,500 5.100% 365,000 297,500 662,500 5.100% 370,000 297,500 667,500 5.100% 370,000 297,500 667,500 5.100% 370,000 297,500 667,500 5.100% 370,000 297,500 667,500 5.100% 370,000 297,500 667,500 5.100% 370,000 297,500 667,500 5.100% 370,000 297,500 667,500 3.350% 370,000 297,500 667,500 4.100% 370,000 297,500 667,500 4.100% 370,000 297,500 667,500 3.850% 370,000 297,500 667,500 4.100% 370,000 297,500 667,500 4.100% 370,000 148,750 518,750 * Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 12/1/2011 Next Call: 8/1/2021 100% Purpose: Schools Insurance: n/a New Transportation Facility Coupon Dates: 6/1, 12/1 Maturity Date: 12/1/2030 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. September 14, 2016 Frederick County, Virginia 33 School: General Obligations $4,435,000 VPSA School Bonds, Series 2012 $5,025,000 VPSA School Bonds, Series 2013 $4,390,000 VPSA School Bonds, Series 2014 �r.,` Total 3,760,000 1,025,215 4,785,215 Total 4,515,000 1,676,503 6,191,503 Total 4,170,000 1,434,087 5,604,087 2017 5.100% 225,000 130,199 355,199 2017 5.100% 255,000 186,431 441,431 2017 5.100% 220,000 163,661 383,661 2018 5.100% 225,000 118,836 343,836 2018 5.100% 255,000 173,554 428,554 2018 5.100% 220,000 152,551 372,551 2019 4.100% 225,000 108,599 333,599 2019 5.100% 250,000 160,803 410,803 2019 5.100% 220,000 141,441 361,441 2020 4.100% 225,000 99,486 324,486 2020 5.100% 250,000 148,178 398,178 2020 5.100% 220,000 130,331 350,331 2021 5.100% 220,000 89,375 309,375 2021 5.100% 250,000 135,553 385,553 2021 5.100% 220,000 119,221 339,221 2022 5.100% 220,000 78,265 298,265 2022 5.100% 250,000 122,928 372,928 2022 5.100% 220,000 108,111 328,111 2023 4.100% 220,000 68,255 288,255 2023 2.350% 255,000 113,683 368,683 2023 5.100% 220,000 97,001 317,001 2024 3.100% 220,000 60,445 280,445 2024 3.100% 250,000 106,938 356,938 2024 5.100% 220,000 85,891 305,891 2025 2.100% 220,000 54,835 274,835 2025 4.100% 250,000 98,063 348,063 2025 5.100% 220,000 74,781 294,781 2026 2.350% 220,000 50,050 270,050 2026 4.100% 250,000 87,938 337,938 2026 2.725% 220,000 66,284 286,284 2027 2.350% 220,000 44,990 264,990 2027 3.100% 250,000 79,063 329,063 2027 2.850% 220,000 60,261 280,261 2028 4.100% 220,000 38,005 258,005 2028 4.350% 250,000 69,875 319,875 2028 3.100% 220,000 53,826 273,826 2029 3.100% 220,000 30,195 250,195 2029 4.350% 250,000 59,125 309,125 2029 3.100% 220,000 47,116 267,116 2030 3.100% 220,000 23,485 243,485 2030 4.350% 250,000 48,375 298,375 2030 3.225% 220,000 40,269 260,269 2031 3.100% 220,000 16,775 236,775 2031 4.350% 250,000 37,625 287,625 2031 3.225% 220,000 33,284 253,284 2032 3.100% 220,000 10,065 230,065 2032 4.350% 250,000 26,875 276,875 2032 3.350% 220,000 26,161 246,161 2033 3.100% 220,000 3,355 223,355 2033 4:350% 250,000 16,125 266,125 2033 3.475% 220,000 18,764 238,764 2034 2034 4.350% 250,000 5,375 255,375 2034 3.475% 215,000 11,314 226,314 2035 2035 2035 3.600% 215,000 3,816 218,816 2036 2036 2036 2037 2037 2037 * Coupons and Interest include VPSA Annual Admin Fee. *Coupons and Interest include VPSA Annual Admin Fee. *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/4/2012 Next Call: 8/1/2022 Dated Date: 11/4/2013 Next Call: 8/1/2023 Dated Date: 4/30/2014 Next Call: 8/1/2024 100% 100% 100% Purpose: JWHS Wall, Full Day KG, Insurance: n/a Purpose: Schools Elementary Insurance: n/a Purpose: Schools FCMS, Insurance: n/a Design 4HS &Rep. MS additions forfull{ lay kindergarten &FCMS replacement design of 4th high school Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2032 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2033 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2034 So urce: 20S CAFR, schedules from Staff, and VPSA official statement. So urce:2015 CAFR, schedules from Staff, and VPSA official statement. So urce: 20S CAFR, schedules from Staff, and VPSA official statement. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 34 School: General Obligations �r.,` $13,375,000 $18,535,000 $8,100,000 VPSA School Bands, Series 2014 . . .. VPSA School Bands, Series 2015 . . .. VPSA School Bands, Series 2016 . . .. Total 12,705,000 5,001,271 17,706,271 Total 18,535,000 7,032,829 25,567,829 Total 8,100,000 2,973,251 11,073,251 2017 4.100% 665,000 551,436 1,216,436 2017 5.000% 930,000 883,109 1,813,109 2017 224,314 224,314 2018 5.100% 670,000 521,053 1,191,053 2018 5.000% 930,000 685,045 1,615,045 2018 5.050% 405,000 307,699 712,699 2019 5.100% 670,000 487,218 1,157,218 2019 5.000% 930,000 638,080 1,568,080 2019 5.050% 405,000 287,246 692,246 2020 5.100% 670,000 453,383 1,123,383 2020 5.000% 930,000 591,115 1,521,115 2020 5.050% 405,000 266,794 671,794 2021 5.100% 670,000 419,548 1,089,548 2021 2.000% 930,000 558,100 1,488,100 2021 5.050% 405,000 246,341 651,341 2022 5.100% 670,000 385,713 1,055,713 2022 5.000% 930,000 525,085 1,455,085 2022 5.050% 405,000 225,889 630,889 2023 5.100% 670,000 351,878 1,021,878 2023 5.000% 930,000 478,120 1,408,120 2023 5.050% 405,000 205,436 610,436 2024 5.100%a 670,000 318,043 988,043 2024 5.000% 925,000 431,281 1,356,281 2024 5.050% 405,000 184,984 589,984 2025 5.100% 670,000 284,208 954,208 2025 5.000% 925,000 384,569 1,309,569 2025 5.050% 405,000 164,531 569,531 2026 5.100% 670,000 250,373 920,373 2026 5.000% 925,000 337,856 1,262,856 2026 5.050% 405,000 144,079 549,079 2027 5.100% 670,000 216,538 886,538 2027 3.000% 925,000 300,394 1,225,394 2027 5.050% 405,000 123,626 528,626 2028 5.100%a 670,000 182,703 852,703 2028 4.000% 925,000 267,556 1,192,556 2028 2.050% 405,000 109,249 514,249 2029 3.600% 670,000 153,893 823,893 2029 4.000% 925,000 230,094 1,155,094 2029 3.050% 405,000 98,921 503,921 2030 3.600% 670,000 130,108 800,108 2030 4.000% 925,000 192,631 1,117,631 2030 2.300% 405,000 88,088 493,088 2031 3.600% 670,000 106,323 776,323 2031 3.000% 925,000 159,794 1,084,794 2031 3.050% 405,000 77,254 482,254 2032 3.600% 665,000 82,626 747,626 2032 3.000% 925,000 131,581 1,056,581 2032 2.550% 405,000 65,914 470,914 2033 3.600%a 665,000 59,019 724,019 2033 3.000% 925,000 103,369 1,028,369 2033 3.050% 405,000 54,574 459,574 2034 3.600% 665,000 35,411 700,411 2034 3.125% 925,000 74,578 999,578 2034 2.800% 405,000 42,728 447,728 2035 3.600% 665,000 11,804 676,804 2035 3.125% 925,000 45,209 970,209 2035 3.050% 405,000 30,881 435,881 2036 2036 3.250% 925,000 15,263 940,263 2036 3.050% 405,000 18,529 423,529 2037 2037 2037 3.050% 405,000 6,176 411,176 * Coupons and Interest include VPSA Annual Admin Fee. *Coupons and Interest include VPSA Annual Admin Fee. Dated Date: 11/4/2014 Next Call: 8/1/2024 Dated Date: 11/4/2015 Next Call: 8/1/2025 Dated Date: 5/1/2016 Next Call: 8/1/2026 100% 100% 100% Purpose: Schools FCMS Insurance: n/a Purpose: Schools FCMS Insurance: n/a Purpose: Schools FCMS Insurance: n/a Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2034 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2035 Coupon Dates: 1/15, 7/15 Maturity Date: 7/15/2036 Source: 2015 CA FR, schedules from Staff, and VPSA official statement. Source: Schedules from Staff. Source: Schedules from Staff. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 35 School: Literary Loans $ 5,000,000 $1,500,052 $ 2,14 2,948 Literary Loan 1997 Literary Loan 1997 Literary Loan 1997 Total 250,000 7,500 257,500 Total 75,014 2,250 77,264 Total 2017 3.000% 250,000 7,500 257,500 2017 3.000% 2018 2019 2018 2019 2019 2022 2020 2020 2024 2021 2021 5/30/1997 Next Call: unknown Purpose: James Wood Ridge Campus Insurance: n/a Coupon Dates: Jul1 2022 7/1/2017 2022 schedules from Staff. 2023 2023 2024 2024 Dated Date: 5/30/1997 Dated Date: 5/30/1997 Next Call: unknown Purpose: Sherando High School Purpose: Redbud Run Elementary Insurance: n/a Coupon Dates: Jul 1 Coupon Dates: Jul1 Maturity Date: 7/1/2017 Source :20SCAFRandschedulesfromStaff. Source: 2015 CA FR and schedules from Staff. DAVENPORT &COMPANY September 14, 2016 75,014 2,250 77,264 Next Call: unknown Insurance: n/a Maturity Date: 7/1/2017 ',.��,�{ 107,155 3,215 110,370 2017 3.000% 107,155 3,215 110,370 2018 2019 2020 2021 2022 2023 2024 Dated Date: 5/30/1997 Next Call: unknown Purpose: James Wood Ridge Campus Insurance: n/a Coupon Dates: Jul1 Maturity Date: 7/1/2017 Source: 2015 CA FR and schedules from Staff. Frederick County, Virginia 36 School: Literary Loans $3,000,000 $4,640,000 Literary Loan 1997 . . .. Literary Loan 1997 . . .. Total 300,000 13,500 313,500 Total 464,000 20,880 484,880 2017 3.000% 150,000 9,000 159,000 2017 3.000% 232,000 13,920 245,920 2018 3.000% 150,000 4,500 154,500 2018 3.000% 232,000 6,960 238,960 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 Dated Date: 9/2/1997 Next Call: unknown Purpose: Senseny Road Elementary Insurance: n/a Coupon Dates: Sep 2 Maturity Date: 9/2/2017 Source:20S CAFR and schedules from Staff. DAVENPORT &COMPANY September 14, 2016 Dated Date: 9/2/1997 Next Call: unknown Purpose: New Stonewall Elementary Insurance: n/a Coupon Dates: Sep 2 Maturity Date: 9/2/2017 Source:2015 CAFR and schedules from Staff. ',.��,�{ Frederick County, Virginia 37 Non - School: General Obligations DAVENPORT &COMPANY $2,759,400 General Obligation Refunding Bonds, Series 2012 Tota I 1, 803, 582 157, 776 1, 961, 357 2017 2450% 282,705 44,188 326,893 2018 2450% 289,631 37,261 326,893 2019 2450% 296,727 30,166 326,893 2020 2450% 303,997 22,896 326,893 2021 2450% 311,445 15,448 326,893 2022 2450% 319,075 7,817 326,893 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Dated Date: 4/5/2012 Next Call: Unknown Purpose: Bowman Library Insurance: Unknown Coupon Dates: 1/15, 7/15 Maturity Date: 1/15/2022 Source:2015 CAFR and schedules from Staff. �r.,` September 14, 2016 Frederick County, Virginia 38 Non - School: Lease /Revenue Obligations $9,245,000 VRA Infrastructure Revenue Bonds, Series 2011A $5,010,000 VRA Infrastructure Revenue Bonds, Series 2014 $17,160,000 VRA Revenue Refunding Bonds, Series 2015A �r.,` Total Interp. 7,726,500 3,611,324 11,337,824 Total Interp. 5,010,000 2,399,100 7,409,100 Total 16,605,000 8,264,157 24,869,157 2017 4.927% 356,250 380,657 736,907 2017 4.308% 155,000 215,828 370,828 2017 4.426% 515,000 726,478 1,241,478 2018 4.973% 371,250 366,511 737,761 2018 4.304% 160,000 208,981 368,981 2018 4.431% 540,000 703,119 1,243,119 2019 5.026% 386,250 351,769 738,019 2019 4.281% 170,000 201,000 371,000 2019 5.125% 570,000 676,550 1,246,550 2020 5.088% 401,250 336,431 737,681 2020 4.255% 180,000 192,556 372,556 2020 3.730% 595,000 650,847 1,245,847 2021 5.160% 420,000 320,496 740,496 2021 3.871% 200,561 168,192 368,753 2021 5.125% 620,000 623,863 1,243,863 2022 5.246% 440,000 303,823 743,823 2022 3.882% 208,399 160,892 369,291 2022 5.125% 655,000 591,191 1,246,191 2023 5.270% 460,000 282,022 742,022 2023 3.874% 216,543 152,498 369,041 2023 5.125% 690,000 556,725 1,246,725 2024 5.270% 487,500 257,780 745,280 2024 3.852% 225,005 143,273 368,278 2024 5.125% 720,000 520,594 1,240,594 2025 5.270% 513,750 232,087 745,837 2025 3.951% 233,798 138,077 371,875 2025 5.125% 760,000 482,669 1,242,669 2026 5.270% 542,500 205,013 747,513 2026 3.892% 242,934 126,897 369,831 2026 5.125% 795,000 442,822 1,237,822 2027 5.270% 568,750 176,424 745,174 2027 3.994% 252,428 120,519 372,947 2027 5.125% 840,000 400,925 1,240,925 2028 5.270% 601,250 146,448 747,698 2028 3.937% 262,292 108,879 371,172 2028 3.125% 880,000 365,650 1,245,650 2029 5.270% 632,500 114,764 747,264 2029 3.849% 272,543 96,342 368,884 2029 5.125% 915,000 328,453 1,243,453 2030 5.270% 666,250 81,429 747,679 2030 3.939% 283,193 87,863 371,056 2030 3.287% 955,000 289,309 1,244,309 2031 5.269% 701,250 46,314 747,564 2031 3.838% 294,260 74,740 369,000 2031 3.413% 990,000 256,719 1,246,719 2032 5.263% 177,750 9,355 187,105 2032 4.054% 305,759 67,019 372,778 2032 3.450% 1,015,000 222,316 1,237,316 2033 2033 3.954% 317,708 53,276 370,984 2033 4.825% 1,065,000 179,116 1,244,116 2034 2034 3.747% 330,124 38,573 368,697 2034 3.663% 1,115,000 133,006 1,248,006 2035 2035 3.991% 343,025 27,913 370,938 2035 4.748% 1,160,000 85,050 1,245,050 2036 2036 4.427% 356,430 15,780 372,209 2036 4.753% 1,210,000 28,756 1,238,756 *Coupons and Interest include VRA Annual Admin Fee. *Coupons and Interest include VRA Annual Admin Fee. *Coupons and Interest include VRA Annual Admin Fee. Dated Date: 4/15/2011 Next Call: 11/1/2021 Dated Date: 8/12/2014 Next Call: 11/1/2024 Dated Date: 5/28/2015 Next Call: 11/1/2025 100% 100% 100% Purpose: Lake Holiday Sanitary Dist. Insurance: n/a Purpose: Round Hill Fire Insurance: n/a Purpose: Public Safety, Insurance: n/a County 65 %, RH 35% Animal Shelter Coupon Dates: 9/20,12/20,3/20,6 /20 Maturity Date: 9/20/2031 Coupon Dates: 4/1, 10/1 Maturity Date: 10/1/2035 Coupon Dates: 4/1, 10/1 Maturity Date: 10/1/2035 So urce: 20S CAFR, schedules from Staff, and VRA official statement. So urce:2015 CAFR, schedules from Staff, and VRA offcial statement. So urce: 20S CAFR, schedules from Staff, and VRA official statement. DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 39 Non - School: Lease /Revenue Obligations DAVENPORT &COMPANY $2,485,000 VRA Revenue Refunding Bonds, Series 2015B Total 2,380,000 1,345,844 3,725,844 2017 2125% 75,000 112,628 187,628 2018 3.125% 75,000 110,659 185,659 2019 4.125% 80,000 107,838 187,838 2020 5.125% 85,000 104,009 189,009 2021 5.125% 85,000 99,653 184,653 2022 5.125 % 90,000 95,169 185,169 2023 5.125% 95,000 90,428 185,428 2024 5125% 100,000 85,431 185,431 2025 5125 % 105,000 80,178 185,178 2026 5125% 110,000 74,669 184,669 2027 5125% 120,000 68,775 188,775 2028 5125% 125,000 62,497 187,497 2029 5125% 130,000 55,963 185,963 2030 5125% 135,000 49,172 184,172 2031 4125% 145,000 42,722 187,722 2032 4250% 150,000 36,544 186,544 2033 5125% 155,000 29,384 184,384 2034 4375% 165,000 21,803 186,803 2035 5125% 175,000 13,709 188,709 2036 5125% 180,000 4,613 184,613 *Coupons and Interest include VRA Annual Admin Fee. Dated Date: 7/13/2015 Next Call: 11/1/2025 100% Purpose: Millwood Fire Station Insurance: n/a Coupon Dates: 4/1, 10/1 Maturity Date: 10/1/2035 Sourc e: 2015 CAFR, schedules from Staff, and VRA official statement. ',.��,�{ September 14, 2016 Frederick County, Virginia 40 Non - School: Other Obligations $723,269 25,375 541 25,916 2017 3.220% 20,502 Intergovernmental Loan (City of Winchester, VA) 2018 3.220% 4,873 Tota I . . 112,196 17, 631 .. 129,827 2017 3.666% 13,726 4,113 17,839 2018 3.670% 14,119 3,614 17,733 2019 3.670% 14,751 3,096 17,847 2020 3.664% 15,184 2,550 17,734 2021 3.083% 12,991 1,678 14,669 2022 3.083% 13,391 1,277 14,669 2023 3.083% 13,804 864 14,669 2024 3.083% 14,230 439 14,669 2025 2034 2035 2026 2036 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Dated Date: unknown Next Call: n/a Purpose: City /CountyJoing Insurance: n/a Courthouse Renovation Coupon Dates: 3/1, 9/1 Maturity Date: 3/1/2024 Source:20S CAFR and schedules from Staff. DAVENPORT &COMPANY September 14, 2016 Capital Lease IBM AS400 Total 25,375 541 25,916 2017 3.220% 20,502 516 21,018 2018 3.220% 4,873 25 4,898 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Dated Date: 9/1/2012 Purpose: IBM -AS400 Coupon Dates: Monthly Source: 2015 CA FRand schedules from Staff. Next Call: n/a Insurance: n/a Maturity Date: 9/1/2017 "��;�{ Frederick County, Virginia 41 Richmond Office Ted Cole One James Center Senior Vice President / Co- Manager Davenport Public Finance 901 East Cary Street 11th Floor Richmond, VA 23219 Charlotte Office Independence Center 101 N . Tryon Street Suite 1220 Charlotte, NC 28246 DAVENPORT &COMPANY September 14, 2016 804 - 697 -2907 tcole @investdavenport.com Mitch Brigulio First Vice President 704 - 644 -5414 mbrigulio @investdavenport.com R.T. Taylor Associate Vice President 804 - 697 -2921 rttay t o r@ i nve std ave n p o rt. c o m Frederick County, Virginia 42 Municipal Advisor Disclosure The enclosed information relates to an existing or potential municipal advisor engagement. ',.��,�{ The U.S. Securities and Exchange Commission (the "SEC ") has clarified that a broker, dealer or municipal securities dealer engaging in municipal advisory activities outside the scope of underwriting a particular issuance of municipal securities should be subject to municipal advisor registration. Davenport &Company LLC ( "Davenport ") has registered as a municipal advisor with the. SEC. As a registered municipal advisor Davenport may provide advice to a municipal entity or obligated person. An obligated person is an entity other than a municipal entity, such as a notfor profit corporation, that has commenced an application or negotiation with an entity to issue municipal securities on its behalf and for which it will provide support. 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Version 1.13.14 RT � MB � TC DAVENPORT &COMPANY September 14, 2016 Frederick County, Virginia 43 FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES CLOSED SESSION AND REGULAR MEETING July 27, 201.6 A Closed Session and Regular Meeting of the prederick County Board of Supervisors were held on Wednesday, July 27, 201 b at 5:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Gary A. Lofton; and Judith McCann - Slaughter. ABSENT Robert A. Hess and Robert W. Wells (Arrived at 5:45 p.m.) CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice- Chairman Fisher, seconded by Supervisor Lofton, the Board convened in closed session pursuant to Section 2.2 -3711 A {3) of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of prablicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel and briefing by staff members pertaining to a litigation matter, Stonewall Industrial Investors, LLC v. Frederick County, Virginia, currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Absent (Supervisor Wells arrived at 5:45 p.m. and entered the closed session.) Upon a motion by Vice- Chairman Fisher, seconded by Supervisor Lofton, the Board carne out of closed session and reconvened in open session. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice�Chairman Fisher, seconded by Supervisor Dunn, the Board certified that to the best of each board member's knowledge only acquisition of real property for a public purpose pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, specifically discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, consultation with legal counsel and briefing by staff member pertaining to a litigation matter pursuant to Section 2.2 -3711 A {7) of the Code of Virginia, 1950, as amended, specifically consultation with legal counsel and briefing by staff members pertaining to a litigation matter, 2 Stonewall Industrial Investors, LLC V. Frederick County, Virginia, currently pending in the Frederick County Circuit Court, where such consultation or briefng in an open meeting would adversely affect the negotiating or litigating posture of the public body, and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RECESS Chairman DeHaven recessed the meeting until 7:Q0 p.m. REGULAR MEETING �- CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATYON Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGYANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTl(ON OF AGENDA — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent 3 Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Resolutions Authorizing Frederick County's Withdrawal from Membership in the Rappahannock Regional Criminal Justice Academy and to Establish Membership in the Skyline Regional Criminal Justice Academy. W Request to Schedule Work Session. - Parks and Recreation Commission Report — Meeting of June 14, 2016. - Parks and Recreation Commission Report _Meeting of July 12, 2016. - Transportation Committee Report, - Resolution Re: Revenue Sharing Programmatic Agreement. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr: Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES _APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Slaughter, the Board approved the minutes froze the June 22, 2016�regular meeting. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye 4 Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COUNTY OFFICIALS PRESENTATION OFRESOLUTION IN MEMORIAM OF RICHARD G. DICK The Board presented a framed copy of a Resolution in Memorial of Richard G. Dick to Mr. Dick's family. The board previously adopted this resolution at its April 27, 2016 meeting. EMPLOYEE OF THE MONTH AWARD - APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board approved David Michael Ellinger as Employee of the Month for July 2016. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Coanmittee selects one employee from those nominated; and, WHEREAS, David Michael Ellinger who serves as a Sergeant for the Sheriff's Office was nominated for Employee of the Month; and, WHEREAS, David Michael Ellinger was selected as employee of the month based on the merits of his outstanding performance and productivity, positive job attitude and other noteworthy contributions to their office and to the County; and NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors this 2Tn day of July, 2016, that David Michael Ellinger is hereby recognized as the Frederick County Employee of the Month for July 2016; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to David Michael Ellinger for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, 5 BE IT FURTHER RESOLVED, that David Michael Ellinger is hereby entitled to all of the rights and privileges associated with his award. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS -NONE REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED �� Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund General Motors LLC the amount of $6,308.37, for personal property taxes and vehicle license fees in X013, 2014, 2015, and 201 b. This refund resulted from proration of vehicle taxes and fees where vehicles financed by this company were either sold or moved from this locality. Upon a motion by Supervisor Slaughter, seconded by Supervisor Fisher, the Board approved the above refund request and supplemental appropriation, The above motion was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A, Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Wal -Mart Stares East LP /Wal -Mart Supercenter #3344 the amount of $3,811.97, for business equipment taxes for the first half of 2016. This refund resulted from an adjustment of this company filing far 2016 on business equipment. Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above refund request and supplemental appropriation. The above motion was approved by the fallowing recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Administrator Garton advised this was a request from the Commissioner of the Revenue to authorize the Treasurer to refund Andres Godinez, Jr. the amount of $2,978.09, for proration of personal property taxes for the second half of 2015 and the first half of 2016. This refund resulted from the taxpayer moving out of this locality. Upon a motion by Supervisor Slaughter, second by Supervisor Lofton, the Board approved the above refund request and supplemental appropriation. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RESOLUTION TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WINCHESTER - FREDERICK COUNTY TOURISM OFFICE TO APPLY FOR APPROPRIATE VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL LICENSING FOR THE PURPOSES OF SELLING LOCALLY PRODUCED BEER AND WINE IN THE WINCHESTER- FREDERICK COUNTY VISITOR CENTER GIFT SHOP. - APPROVED 7 Administrator Garton advised this was a request from the Convention &Visitors Bureau to allow the tourism director to apply for a Virginia ABC license in order to sell locally produced beer and wine in the visitor center gift shop. She went on to say the City of Winchester approved this resolution at their meeting last night. Supervisor Dunn stated he was opposed to this proposal and would be offering a substitute motion. He went on to say that he would also be agreeable to a postponement if necessary. Supervisor Slaughter stated she was okay with postponing action, if necessary. She advised that she had spoken with Justin Kerns, Director, as she had a couple of questions. She noted that Bath County does something similar, but recognized this was a new concept for this area. She advised that the alcohol would be locked up when the center was closed, She went on to say that Shenandoah University was okay with this proposal. Supervisor Fisher advised that the e -mail provided by Mr. Kerns answered a lot of his questions. He went on to say the State does permit this. Supervisor Dunn moved to approve a resolution authorizing the executive director of the Winchester - Frederick County tourism office to list the names and addresses, with their consent, of each business that produces locally produces beer and wines in the Winchester - Frederick County visitor center gift shop. The motion died for the lack of a second. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the resolution to authorize the executive director of the Winchester - Frederick County tourism office to apply for appropriate Virginia Department of Alcoholic Beverage Control licensing for the purposes of selling locally produced beer and wine in the Winchester - Frederick County visitor center gift shop. WHEREAS, the Winchester - Frederick County Convention &Visitors Bureau currently sells locally produced products in their gift shop; and, WHEREAS, selling these locally produced products in the Winchester- Frederick County Convention &Visitors Bureau has attracted visitors to Winchester and boosted tourism in the community; and, WHEREAS, the Winchester- Frederick County region has a growing craft beer, wine and spirits industry that has progressively expanded and continues to attract a rapidly increasing number of visitors to the region; and, WHEREAS, the Winchester - Frederick County Convention &Visitors Bureau would like to promote this growing industry by selling these locally produced beer and wine products inside the Winchester - Frederick County Convention &Visitors Center; and, WHEREAS, the Winchester - Frederick County Convention &Visitors Bureau has contacted officials at Shenandoah University, local beer and wine retailers, and local beer and wine producers and received positive response; and, WHEREAS, the Winchester- Frederick County Convention &Visitors Bureau lacks the necessary licensing from the Virginia Department of Alcoholic Beverage Control to sell these products onsite. NOW THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby authorizes the Executive Director of the Winchester- Frederick County Convention and Visitors Bureau to apply for the necessary licensing from the Virginia Department of Alcoholic Beverage Control to sell locally produced beer and wine in their gift shop; and, BE IT FURTHER RESOLVED, that the beverages sold by the Winchester - Frederick County Convention &Visitors Bureau will be prohibited from onsite consumption. ADOPTED, this 27th day of July, 2016. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Nay Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Nay RESOLUTIONS AUTHORIZING FREDERICK COUNTY'S WITHDRAWAL E FROM MEMBERSHIP TN THE RAPPAHANNOCK REGIONAL CRIMINAL JUSTICE ACADEMY AND TO ESTABLISH MEMBERSHIP IN THE SKYLINE REGIONAL CRIMINAL JUSTICE ACADEMY — APPROVED UNDER CONSENT AGENDA Resolution Authorizing the Director of Frederick County Public Safety Communications to take all necessary steps to withdraw from membership in the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy WHEREAS, the County of Frederick has been a training member of the Rappahannock Regional Criminal Justice Academy since 1998 or thereafter; and WHEREAS, the County of Frederick has enjoyed an excellent relationship with the other localities participating in the Academy, and has received thorough and effective training for its Communications Officers at the Academy; and WHEREAS, an analysis of the current training needs by the Frederick County Public Safety Communications has revealed that participation in the Skyline Regional Criminal Justice Academy would provide a Department of Criminal Justice Services curriculum and result in cost savings; and WHEREAS, the Director of the Frederick County Public Safety Communications has determined that it is in the best interest of the Frederick County Public Safety Communications and the County of Frederick to withdraw from membership in the Rappahannock Regional Criminal Justice Academy and establish membership in the Skyline Regional Criminal Justice Academy; and WHEREAS, Section 15.2- 1747(D) of the Cade of Virginia, 1950, as amended, provided that a governmental unit may withdraw from an academy created under this section or § 15.2 1300 only by two - thirds vote of the board of directors of the academy. The governing body of the governmental unit seeking to withdraw from the academy shall signify its desire by resolution of ordinance. The board of directors shall consider requests to withdraw in October 2016, and in October of every fifth year thereafter. No requests to withdraw shall be considered at any other time, unless agreed to unanimously. Any withdrawal approved by the board of directors shall be effective on June 30 of the following year; and WHEREAS, at the regular May 12, 2016 meeting of the Criminal Justice Services Board unanimous agreement was given to allow the withdrawal of the Frederick County Public Safety Communications from Rappahannock Regional Criminal Justice Academy membership and allow membership in Skyline Regional Criminal Justice Academy, effective June 30, 2017. NOW, THEREFORE, BE IT RESOLVED by the County of Frederick that it hereby expresses its desire for the County to withdraw from the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and 10 BE IT FURTHER RESOLVED the Director of Public Safety Communications be, and is hereby, directed to take all actions necessary to effect the withdrawal from the membership of the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Rappahannock Regional Criminal Justice Academy and to the Director of the Virginia Department of Criminal Justice Services. Adopted at a regular meeting of the Frederick County Board of Supervisors in Frederick County, Virginia held on July 27, 2015. Resolution authorizing the Sheriff of the Frederick County Sheriff s Office to take all necessary steps to withdraw from membership in the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy. WHEREAS, the County of Frederick has been a training member of the Rappahannock Regional Criminal Justice Academy since 1998 or thereafter; and WHEREAS, the County of Frederick has enjoyed an excellent relationship with the other localities participating in the Academy, and has received thorough and effective training for its law enforcement officers at the Academy: and WHEREAS, an analysis of the current training needs by the Frederick County Sheriff's Off ce has revealed that participation in the Skyline Regional Criminal Justice Academy would provide a Department of Criminal Justice Services curriculum and result in cost savings; and WHEREAS, the Sheriff of the Frederick County Sheriffs Office has determined that it is in the best interest of the Frederick County Sheriff's Office and the County of Frederick to withdraw from membership in the Rappahannock Regional Criminal Justice Academy and establish membership in the Skyline Regional Criminal Justice Academy; and WHEREAS, Section 15.2- 1747(D) of the Code of Virginia, 1950, as amended, provides that a governmental unit may withdraw from an academy created under this section or § 15.2 -1300 only by two- thirds vote of the board of directors of the academy. The governing body of the governmental unit seeking to withdraw from the academy shall signify its desire by resolution or ordinance. The board of directors shall consider requests to withdraw in October 2015, and in October of every fifth year thereafter. No requests to withdraw shall be considered at any other time, unless agreed to unanimously. Any withdrawal approved by the board of directors shall be effective on June 30 of the following year; and WHEREAS, at the regular May 12, 2015 meeting of the Criminal Justice Service Board unanimous agreement was given to allow the withdrawal of the Frederick County Sheriff's 11 Office from Rappahannock Regional Criminal Justice Academy membership and allow membership in Skyline Regional Criminal Justice Academy, effective June 30, 2017. NOW, THEREFORE BE IT RESOLVED by the County of Frederick that it hereby expresses its desire for the County to withdraw from the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy far criminal justice purposes; and BE IT FURTHER RESOLVED the Sheriff of the Frederick County Sheriff s Off ce be, and is hereby, directed to take all actions necessary to effect the withdrawal from the membership of the Rappahannock Regional Criminal Justice Academy and to establish membership in the Skyline Regional Criminal Justice Academy for criminal justice purposes; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Rappahannock Regional Criminal Justice Academy and to the Director of the Virginia Department of Criminal Justice Services. Adopted at a regular meeting of the Frederick County Board of Supervisors in Frederick County, Virginia held on July 27, 2016. RE VEST TO SCHEDUIlE WORK SESSION -- APPROVED UNDER CONSENT AGENDA The Board scheduled a work session for Wednesday, September 14, 2016 at 4:00 p.m. to hear a presentation from the financial consultant. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION — MEETING OF .TUNE 14, 2016 — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 14, 2016. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, and Blaine Dunn {BOS Liaison). Members absent were: Patrick Anderson and Charles Sandy, Jr. Items Requiring Board of Supervisors Action: None Submitted for Board lnformation Only: l . Sherando Park Master Plan Update — Mr. Madagan moved to have Land Planning and Design Associates create the final Sherando Park Master Plan without the lake, second by Mr. Fordney, carried unanimously (5 -0). 2. Policy /Procedure Revisions _Donations --- Ms. Gerometta moved to allow any individual 12 or organization donating a shelter be granted three free usages of the shelter on an annual basis, second by Mr. Madagan, carried unanimously {5 -0). 3. Policy /Procedure Revisions --- Donations Request from Outside Entities -- Mr. Carter moved to accept the Donation Request from Outside Entities procedure as submitted, second by Mr. Madagan, carried unanimously (5 -0). 4. Public Relations Committee — Winter Wonderland —The Public Relations Committee recommended Winter Wonderland fees include value pricing of Adults $5.00 and Children $3.00 on Monday- Thursday and premium pricing of Adults $10.00 and Children $5.00 on Friday - Sunday to redistribute attendance, the motion was not passed due to lack of a second. Mr. Madagan moved to table the Winter Wonderland fee adjustment until the July meeting, second by Ms. Gerometta, carried unanimously (5 -0 }. PARKS AND RECREATION COMMISSION — MEETING OF JULY 12, 2016_ .- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on July 12, 201 b. Members present were: Patrick Anderson, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., and Blaine Dunn (BOS Liaison). Member absent was: Randy Carter. Items Requiring Board of S�ervisors Action: None Submitted for Board Information Only:. l . Winter Wonderland — Mr. Madagan moved to charge Winter Wonderland fees which include value pricing of Adults $5.00 and Children $3.00 on twenty six nights and premium pricing of Adults $10.00 and Children $5.00 on nine nights to redistribute attendance, second by Mr. Anderson, carried unanimously {6 -0). 2. Play Fund — Mr. Anderson moved to request a supplemental appropriation in the amount of $717.25 from the Finance Committee to be included in FYlb and be disbursed to revenue codes where financial assistance was used, second by Mr. Madagan, carried unanimously (6 -0 }. This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisors action. 3. Youth Sports Partners /Appeals /Public Relations Committee —The Youth Sports Partners /Appeals /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 Association as submitted, second by Ms. Gerometta, carried unanimously (6 -0 }. I3 4. Buildings and Grounds Committee — Closed Session: Mr. Madagan moved to convene into closed session under Virginia Code 2.2- 3711A(3 }for discussion or consideration of the acduisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, second by Mr. Anderson, motion carried unanimously (6 -0 }. Mr. Madagan moved to exit closed session, second by Mr. Anderson, carried unanimously (6 -0). All commission members were polled re; any discussion besides the matter for closed session, all said no. TRANSPORTATION COMMITTEE — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on June 20, 2016 at 9;00 a.m. Members Present Members Gary Lofton (voting) Judath McCann - Slaughter (voting} Gene Fisher (voting} James Racey (voting) Barry Schnoor (voting) Lewis Boyer (liaison Stephens City) Absent Mark Davis (liaison Middletown) Gary Oates (liaison PC) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. Interstate, Primary, and Secondary Road Plan updates. Staff presented the draft plans to the committee for their consideration and noted the updates from last year. On a Motion by Mrs. McCann - Slaughter that was seconded by Mr. Fisher the Committee unanimously recommended approval to the Board of Supervisors. This item will be before the Board under its own agenda item. 2. VDOT Project Updates VDOT staff was on hand to update the Committee on a couple of items as follows; Exit 313 Bridge —Noted that the study has proceeded and the deficient status of the bridge continues to be of concern. This project is expected to be an application for funding under SmartScale (formerly HB2 }through the Metropolitan Planning Organization. Exit 310 --- VDOT staff addressed the backups that have been occurring along Tacker Road since the realigned Tasker was opened up and noted that once work at the top of the I -S 1 exit ramps 14 was completed and the remaining 37 lanes were able to reopen that this condition should be resolved, 3. County Project Updates Snowden Bridge Blvd: Construction is underway and on schedule at this time. Tevis Street Extension /Airport Road/I -81 Bridge: The Applicant has the draft revenue sharing agreement but has not yet executed it, The Applicant has been working through issues with VDOT regarding entrances on the masterplan. These mastetplan discussions appear to be complete and staff is awaiting the new masterplan submission. In addition, Staff is actively engaged in negotiations on the agreement with frequent communication taking place. Renaissance Drive: Staff Coordinated with the EDA to complete an application for additional state funds. In addition, since the Committee meeting, staff has been notified that CSX has approved the County's initial proposal for an at grade crossing should one be needed. Valley Mill Road Realignment: Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time, 4. Other HUMAN RESOURCES COMMITTEE - APPROVED The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:04 a.m, on Friday, May 13, 2016. All HR Committee members were present. Others present were: Brenda Garton, County Administrator; Kris Tierney, Deputy County Administrator; Lynsey Orndorff, HR Generalist; Delsie .lobe, Administrative Services Manager, DSS; Sharon Kibler, Asst. Finance Director; Steve Hawkins, Major for the Sheriff's Office; and Denny Limburg, Fire Chief. * *xltems Requiring Board Action * ** 1. Employee of the Month. - APPROVED The Committee reviewed the attached employee of the month for .Iuly, Upon a motion by Beth Lewin, seconded by Blaine Dunn, the Committee recommended approval; the motion was 15 approved unanimously. 2. HR Policy Revision, Section 8.3, Paid Time Off Policy. - APPROVED The Committee reviewed the attached golicy revision regarding a paid time off change for the Fire &Rescue Department. The accruals will be based on the recent schedule change from 2600 hours to 275b hours per year worked. Ugon a motion by Beth Lewin, seconded by Dan Butler, the Committee recommended agproval of the policy revision; the motion was approved unanimously. Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the Board approved the proposed HR Policy Revision. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye *'� *Items Not Requiring Action * ** 1. None There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, July 15, 2016 at 5:00 a.m. CODE AND ORDINANCE COMMITTEE - APPROVED The Code &Ordinance Committee met on Friday, July 1, 201b at 9:00 A.M., in the First Floor Conference Roam, County Administration Building, 107 North Kent Street, Winchester, Virginia. Code and Ordinance Committee members present were Blaine P. Dunn, Chairman; Robert A. Hess, Robert W. Wells, and James Drown. Committee members Derek Aston and Stephen Butler were absent. Also gresent were County Administrator Brenda G. Garton, Deputy County Administrator Jay E. Tibbs, County Attorney Rod Williams, Becky Merriner, HR Director, Sheriff Lenny Millholland, Major Steve Hawkins, Ann B. Lloyd, Clerk of the Frederick- Winchester JDR Court, Debra Bull, General District Court Clerk, Dr. Al Orndorff, Assistant Superintendent for Instruction for Frederick County Public Schools, John Grubbs, Transportation Director for Frederick County Public Schools, Beth Brown, Supervisor of Driver Operations for Frederick County Public Schools, and Elizabeth Keplinger, Director of Driver Training for Frederick County Public Schools. The committee submits the following: 16 ** *Items Requiring Board Action * ** 1. Proposed Amendment to the Frederick County Cade, Chapter 15$, Vehicles and Traffic, Article V, School Buses; Section I5$ -19, Passing Stopped School Buses; Penalty; Prima Facie Evidence; to Add this Section to Authorize the Use of a Video - Monitoring System to Record and Enforce Violations of Code of Virginia §46.2 -$59, Passing a Stopped School Bus. (See Attached.) —SENT FORWARD FOR PUBLIC HEARING County Attorney Rod Williams provided a brief overview of this proposed amendment. He noted this enabling ordinance would allow Frederick County Public Schools to acquire and install video monitoring systems on the outside of their school buses to record and enforce violations of Code of Virginia §46.2 -859, Passing a Stopped School Bus. Dr. Orndorff advised the school system's interest in this program is safety of the students getting on and off of the school buses. Following Dr. Orndorff, Mr. John Grubbs, Transportation Director, gave a short presentation to the committee showing: National statistics regarding student injuries and deaths from vehicles passing stopped buses; - Overview of the camera system to include mounting and sight coverage; - 1-Jow the summons process would work once a violation has been con#"irmed. Mr. Grubbs reviewed results of the pilot program involving cameras on two buses. The cameras captured a total of 279 violations with 214 occurring on one bus route. It was noted that any revenue generated from the fines assessed through this program would be split 75 % -25 %between the vendor and the locality with the vendor receiving 75 %. Dr. Orndorff advised this system could not cost Frederick County schools anything because they did not have any available funds to implement this program. Ms. Ann Lloyd, Clerk of the Frederick County - Winchester JDR Court, was supportive of the concept, but raised concerns about the possible strain the amount of additional summonses would put on the courts and staff Mr. Hess suggested possibly using the share of the funds received by the County to offset some of the impact on the clerks' offices. Upon a motion by Mr, Hess, seconded by Mr. Wells, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval and with the funds collected to be used to offset a portion of the costs to the district courts. The motion was unanimously approved. Upon a motion by Supervisor Dunn, seconded by Supervisor Slaughter, the Board sent 17 the proposed amendment forward for public hearing. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. Proposed Amendment to the Frederick County Code, Chapter 19, Personnel Policies, Section 19 -1 Employee Recognition Program; to Add this Section to Authorize the Payment of Monetary Bonuses to Officers and Employees. (See Attached.) -- REFERRED BACK TO COMMITTEE County Attorney Rod Williams provided a brief overview of this proposed amendment. He noted this authorizing ordinance would allow for bonus payments to county employees and officers. Upon a motion by Mr. Hess, seconded by Mr. Wells, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. Supervisor Dunn moved to send this item forward for public hearing. The motion was seconded by Supervisor Fisher. Supervisor Lofton asked about the types of actions or level of performance that might make someone eligible for a bonus. Administrator Garton noted this action would move the ordinance forward so it could be adopted by the Board. She stated staff would then need to develop guidelines to govern the program to include monetary limits, circumstances, and money in the budget. Supervisor Lofton stated he would like to have the parameters of the program in place prior to enacting the ordinance. Supervisor Slaughter concurred with Mr, Lofton. She stated she would have trouble supporting a program without understanding all of the particulars. 18 Supervisor Wells agreed. He went onto say that he had never been a proponent of bonuses. Supervisor Dunn stated the item could be sent back to the Code &Ordinance and HR Committees for a review of the program parameters. Supervisor Fisher agreed. The Board's consensus was to send the bonus ordinance back to the respective committees for a review of the proposed program parameters. ** *Items Not Requiring Board Action * ** 1. Review of the Committee Charter. (See Attached.) The committee charter was reviewed. No changes were made to the current charter. There being no further business, the meeting adjourned at 10:20 a.m. FINANCE COMMITTEE - APPROVED A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 20, 2016 at 8:00 a.m. All members were present. Items 1, 2, and 4 were approved under consent agenda. Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess .Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 1. The Sheriff requests an FY 2016 General Fund su lemental a ro riation in the amount of $100. This amount represents a DARE donation. No additional local funds required. See attached memo, p. 5. -- APPROVED UNDER CONSENT AGENDA nt ,appropriation in the . T e S erg requests an FY 2016 General Fund suppleme., ,.al ,,, amount of $887.70. This amount represents an investigation reimbursement. No local funds required. See attached memo, p. 6. — APPROVED UNDER CONSENT AGENDA 19 3. The EDA Executive Director requests an FY 2017 EDA Fund supplemental appropriation in the amount of $16,800. This amount represents compensation for the EDA Board of Directors. Na local funds required. See attached memo, p. 7. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisar Dunn, the Board approved the above request. Supervisor Lofton stated that he was a member of the EDA, but would not receive the compensation; therefore, he would be voting on this proposal. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 4. The Public Safety Communications Director requests an FY 2017 General Fund su�piemental appropriation in the amount of $2,000. This amount represents a PSAP Education Program Grant. No local funds required. See attached memo, p. 8 — 9. — APPROVED UNDER CONSENT AGENDA 5. The Public Works Director requests an FY 2017 General Fund supplemental a ro nation in the amount of $82 000. This amount represents funds needed for the purchase of three mid -size pickup trucks (2 for Inspections, 1 for Engineering). See attached information, p. 10 _ 18. The committee recommends approval. _REFERRED BACK TO FINANCE COIVIIVIITTEE IN 90 DAYS Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board referred this item back to the Finance Committee in 90 days. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye 20 Judith McCann - Slaughter Aye Robert W. Wells Aye 6. The Director of Public Works requests an FY 2017 General Fund supplemental appropriation in the amount of $35,000. This amount represents unspent FY 2016 funds to be used for site testing to relocate the Clearbrook citizens' convenience site. See attached information, p. 19. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann�Slaughter Aye Robert W. Wells Aye 7. The Victim Witness Director requests an FY 2017 General Fund su�alemental ��aropriation in the amount of $100,173. This amount represents an increase in grant funds for FY 2017. No local funds required. See attached information, p. 20 — 24. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above request by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye 8. The Fire &Rescue Chief requests an FY 2016 EMS Recove Fund Fund 30 su lemental a ro nation in the amount of $324 465. This amount represents funds needed for 4th quarter mileage and 3rd quarter revenue recovery payments. No local funds required. See attached memo, p. 25. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: 21 Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann�Slaughter Aye Robert W. Wells Aye 9. The Transportation Director requests an FY 2017 Develo ment Pro'ects Fund Fund 27 supplemental appropriation in the amount of $12,751,872. This amount represents an executed revenue sharing agreement for the 1 -81 BridgelTevis /Roundabout/Airport Road project. The project will be shared by VDOT and R 150 SPE LLC. No local funds required. This item will require a public hearing. See attached information, p. 26 _ 37. The committee recommends advertising for a public hearing. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved sending this item forward for public hearing. The above request was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 10. The Parks and Recreation Commission requests the donations received in FY16 for the PLAY Fund in the amount of $2877.76 be reserved, subject to future appropriations. This amount represents the collection of $3,595 reduced by the financial assistance provided during FY16 in the amount of $717.24. No local funds required. See attached memo, p. 38 — 41. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 22 11. Greenwood Volunteer Fire &Rescue Company requests an FY 2017 General Fund supplemental appropriation in the_amount_of $37,771. This amount represents proffer funds to assist with the purchase of a ladder truck. No local funds required. See attached Proffer Policy and letter, p. 42 �- 43. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 12, The County Administrator requests an FY 2017, General, Fund supplemental apt�ropriation in the amount of $2,366,365. This amount represents unspent FY 2016 capital contingency funds. See attached information, p. 44. The committee recommends approval. - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the above request by the following recorded vote: Charles S. DeHaven, Jr. Blaine P. Dunn Gene E. Fisher Robert A. Hess Gary A. Lofton Judith McCann�Slaughter Robert W. Wells Aye Aye Aye Absent Aye Aye Aye INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for June 2016. See attached, p. 45 — 46. 2. The Finance Director provides a preliminary FY 2016 Fund Balance Report ending June 30, 2016. See attached, p. 47. The Voter Registrar provides information on the reimbursement received for the March 1, 2016 presidential primaries. See attached memo, p. 48. 23 4. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement in Popular Annual Financial Reporting for the June 30, 2015 Popular Annual Financial Report {PAFR }. This is the 9th consecutive year that Frederick County has received this achievement. See attached, p. 49 --- 50. 5. The Government Finance Officers Association {GFOA) has awarded the County the Award for Outstanding Achievement for Excellence in Financial Reporting for the June 30, 2015 Comprehensive Annual Financial Report (CAFR }. This is the 30th consecutive year that Frederick County has received this achievement. See attached, p. 51 _ 52. PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT #03 -16 FOR VERIZON WIRELESS COMMERCIAL TELECOMMUNICATIONS FACILITY SUBMITTED TO CONSTRUCT A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A 150 FOOT MONOPOLE WITH CAPACITY FOR AT LEAST 3 CARRIERS APPLICANT INCLUDED AND 50 X SO FOOT E UIPMENT COMPOUND BASE. THE PROPERTY IS LOCATED AT GRACE BRETHREN CHURCH AT 143 GREENWOOD ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER S5 -A -79 IN THE REDBUD MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit. The property is located at 143 Greenwood Road and is zoned RA (Rural Areas) District. The current land use is a church. The adjacent properties are zoned B2 (General Business) and RP (Residential Performance} Districts. Zoning Administrator Cheran advised that wireless telecommunications facilities were allowed in the RA District with an approved conditional use permit. The property is also located in the Urban Development Area and the Sewer and Water Service Area. The proposed site is in the vicinity of the 3r� Battle of Winchester. Tn addition to the conditional use permit, the application is seeking a setback waiver to reduce the setback requirement by 60 feet. He concluded by saying the Planning Commission recommended approval. 24 Supervisor Slaughter asked if the FAA requirements concerning lighting were met. Zoning Administrator Cheran responded yes. Supervisor Lofton asked about the waiver request and if it was needed because the property line distance did not meet that requirement. Zoning Administrator Cherari responded yes. Supervisor Dunn advised that in the future he would like to see multiple hearing notice signs on properties subject to public hearing rather one sign so residents would have ample opportunity to see them, Traci Themak, representing Verizon, appeared before the Board to answer any questions. Tn response to comments concerning tower collapses, Ms. Themak responded that collapses were rare; however, the towers were designed to collapse on themselves. She noted that 37 adjacent property owners were notified of this application and hearing. She concluded by saying the applicant concurred with the conditions. Supervisor Lofton stated that he would like some assurance there was a need for more coverage, data, etc. Ms. Themak responded there was a need for more data in that area. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Dunn, seconded by Supervisor Fisher, the Board approved conditional use permit 03 -16. WHE�AS, Conditional Use Permit #03 -16 of Cellco Partnership d /b /a Verizon Wireless, submitted by Cellco Partnership d/b /a Verizon Wireless, to enable the construction of a 150 foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and a setback waiver fora 65 foot setback reduction was considered. The Property is located at 25 143 Greenwood Road and is further identified with Property Identification Number 55 -A -79 in the Redbud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on June 15, 2016, 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 July 27, 2016; 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 1<T ORDAI<NED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the coning map to reflect that Conditional Use Permit Application #03 W 16 to enable the construction of a 150 foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound and a setback waiver of a 65 foot setback reduction with the fallowing corditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County 4. The tower shall be removed by the Applicant or Property Owner within twelve (12} months of abandonment of operation. S. In the event a telecommunications tower is not erected within twelve (12} months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Gene E. Fisher Robert A. Hess Gary A. Lofton Judith McCann - Slaughter Robert W. Wells Aye Aye Absent Aye Aye Absent for vote 26 CONDITIONAL USE PERMIT #05 -16 FOR EDWIN ELVIRA WHICH SUBMITTED FOR A RETAIL NURSERY/LANDSCAPING STORE. THE PROPERTY IS LOCATED AT 1590 FAIRFAX PIKE WHITE POST VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 87 -1 -B IN THE OPEpUON MAGISTERIAL DISTRICT. - APPROVED Planner Tyler Klein appeared before the Board regarding this item. He advised this was an application for a conditional use permit for a retail nursery /landscaping store. The property is located in White Post and is zoned RA (Rural Areas) District. The proposed use is allowed in the RA District with an approved conditional use permit. He noted in this particular instance a new conditional use permit was required in order io reestablish this use. He concluded by saying the Planning Commission recommended approval. Supervisor Lofton asked if four employees would be enough. Planner Klein responded that number was set by the Health Department due to water /sewer reasons. Edwin Elvira, applicant, responded that he was comfortable with four employees. Chairman DeHaven convened the public hearing. Rosella Fansler, Opequon District, asked how big the proposed store would be. Chairman DeHaven closed the public hearing. Planner Klein advised the applicant would use existing structures and there would be no new buildings constructed on site. Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved conditional use permit #OS -16. WHEREAS, Conditional Use Permit #05 -1b of Edwin Elvira, submitted by Edwin Elvira for a retail nursery /landscaping business in the RA (Rural Areas) Zoning District was considered. The Property is located at 1590 Fairfax Pike, White Post, Virginia and is further identified with Property Identification Number 87 -1 -B in the Opequon Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the 27 Conditional Use Permit on July 6, 2016, 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 July 27, 2016; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the bast 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 #OS -16 for a retail nursery /landscaping business on the parcel identified by Property Identification Number (PIN) 87 -1 -B with the following conditions: l .All review agency comments and requirements shalt be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. One, non - illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50} square feet in area. 4. Hours of operation shall be limited to 8 a.m. to 8 p.m. seven {7) days a week. 5. The site should have no more than four {4) employees. 6. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye REZONING #04T16 FOR SNOWDEN BRIDGE STATION SUBMITTED BY GREYWOLFE INC. TO REZONE 11.340 ACRES FROM THE Ml LIGHT ( RAL BUSINESS) DISTRICT, AND INDUSTRIAL) DISTRICT TO THE, B2, ,,,,GENE,,,,,,,,,,,,,,,,,,,o „_, 2.629 ACRES FROM THE M1 LIGHT INDUSTRIAL DISTRICT TO THE S3 28 (INDUSTRIAL TRANSITION) DISTRICT WITH PROFFERS. THE PROPERTIES ARE LOCATED ON THE SOUTHEASTERN SIDE OF MARTINSBURG PIKE_ {ROUTE 11] AND SOUTHERN SIDE of_SNOWDEN BRIDGE BOULEVARD AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 43C -3 -2 43C -3 -3 43G3 -4 43C -3 -4A 43 -A -150 43- A -151A AND 43- A -151B IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED Assistant Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 13.9 acres from M1 (Light Industrial) District to the B2 (General Business) District and B3 (industrial Transition} District with proffers. The property is located on the southeast side of Martinsburg Pike and is in the Sewer and Water Service Area and the Northeast Land Use Plan. She noted the Comprehensive Plan identified this area with industrial land uses. The proposed land uses are inconsistent with the current land use plan; however, this rezoning request maybe acceptable. She went on to say the applicant has proffered to limit the number of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard. The maximum number of vehicle trips has been limited to 6,303 per day. The applicant has also proffered a 10 foot right -of- -way dedication for Martinsburg Pike. In addition, the applicant has proffered a monetary contribution of $0.10 per building square foot for Fire and Rescue. She concluded by saying the Planning Commission has recommended approval. Gary Oates, Greywolfe, Inc., appeared before the Board to answer any questions. Supervisor Lofton asked about the 6,303 vehicle trips per day. Mr. Oates responded that the maximum trips were based on restaurant uses, which are allowed in the M1 and B2. He noted the owner was looking at other uses such as gas stations, pharmacy, etc., which have less traffic. He noted this cap would stall allow a restaurant. Chairman DeHaven convened the public hearing. 29 There were no public comments. Chairman DeHaven closed the public hearing, Upon a motion by Supervisor Slaughter, seconded by Supervisor Dunn, the Board approved rezoning #04 -16, WHEREAS, Rezoning #04 -16 of Snowden Bridge Station, submitted by GreyWolfe, Inc,, to rezone 11.340 acres from the M1 {Light Industrial) Zoning District to the B2 (General Business) Zoning District, and 2.629 acres from the Ml (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016 was considered. The Properties are located on the southeastern side of Martinsburg Pike (Route i 1 } and the southern side of Snowden Bridge Boulevard. The Properties are further identified by PIN(s} 43C -3 -2, 43C -3 -3, 43C -3 -4, 43CW3�4A, 43 -A -150, 43- A -151A and 43- A -151B in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 2016; 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 11.340 acres from the M1 (Light Industrial} Zoning District to the B2 (General Business) Zoning District, and 2.629 acres from the M1 (Light Industrial) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers final revision date of May 17, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye REZONING #OS -16 FOR CB VENTURES LLC, SUBMITTED BY GREEN_WAY ENGINEERING, TO REZONE 3.75 +/- ACRES FROM THE B3 (INDU T S RIAL ,,,,, STRICT, AND TRANSITION) DISTRICT TO THE BZ (GENERAL BUSINESS,�,,DI,,,_ 1,23 +/- ACRES FROM THE B2 (GENERAL BUSINESS) DISTRICT TO THE B2 ,, (GENERAL_BUSINESS) DISTRICT WITH PROFFERS,,, THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF MARTINSBURG PIKE US ROUTE 11 AND THE NORTHEAST SIDE OF AMOCO LANE ROUTE 839 AT THE SOUTHWEST UADRANT OF INTERSTATE S1 EXIT 317 AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 43 -A -4$A IN THE STONEWALL MAGISTERIAL DISTRICT, - APPROVED Assistant Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to rezone 4.98 acres from B2 {General Business} and B3 (Industrial Transition) to B2 {General Business) District with proffers. The property is located on the south side of Martinsburg Pike and is within the Sewer and Water Service Area and the limits of the Northeast band Use Plan. The property is identified for commercial land uses and this proposal is consistent with the Comprehensive Plan. The applicant has proffered to construct upgrades to Amoco Lane, provide inter - parcel connection into the adjacent Sheetz property, and to construct a sewer pump station with a SCADA system. In addition, the applicant has proffered a monetary contribution of $0.05 per building square foot for Fire &Rescue. She concluded by saying the Planning Commission recommended approval of this rezoning. Supervisor Dunn asked Assistant Director Perkins if she was satisfied with the response received to the County's May letter. Assistant Director Perkins responded that the issue was specific to landscaping and it was still a concern. With regard to the concerns raised about sewer, those have been satisfied per the Frederick County Sanitation Authority. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised the proffered amount for building square footage was $O.IO per square 31 fact instead of $O.OS. He noted this was a change from the original proffer. He concluded by saying that economic development projects have been viewed as a fiscal positive by the Board, Supervisor Lofton asked if the screening issue had been resolved. Mr. Wyatt responded yes. He stated the applicant offered to hold a neighborhood meeting and it was attended by a number of residents along Amoco Lane. He went on to say the applicant was willing to da a planting along their properties in an easement provided by the residents. Chairman DeHaven convened the public hearing, There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved Rezoning #OS -16. WHEREAS, Rezoning #05 -16 of CB Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 3.75 acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business} Zoning District, and 1.23 acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 2016 was considered. The Property is located on the south side of Martinsburg Pike (US Route 11 }and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43 -A -48A in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 1 S, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 2016; 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 QRDAINED by the Frederick County Board of Supervisors, that Chapter 16S of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.75 acres from the B3 (Industrial Transition} Zoning District to the B2 (General Business} Zoning District, and 1.23 acres from the B2 (General Business) Zoning District to the 32 B2 (General Business} Zoning District with Proffers, final revision date of July 1, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye DRAFT UPDATE TO THE 2016 -2017 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS —THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. ULTIMATELY, THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK, VIRGINIA, IN ACCORDANCE WITH SECTION 33.2- 331_OF_THE CODE O_F VIRGINIA, WILL CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC .......... HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SIX YEAR PLAN FOR SECONDARY ROADS FOR FISCAL YEARS 2017 THROUGH 2022 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2017. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION LOCATED AT 14031 OLD VALLEY PIKE EDINBURG VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET, WINCHESTER, VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PLAN (STIP), WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL, TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1 -800- 367 -7623. - APPROVED 33 Assistant Planning Director — Transportation John Bishop appeared before the Board regarding this item. He began by reviewing the Interstate Road Improvement Plan. He noted that Exit 3 i 0 remains on this list. He advised that work on phase one of the three phase project had begun. With regard to the Primary Road Improvement Plan, Assistant Director Bishop noted the projects had been updated per MPO modeling with Routes 50 and 7 on the east and west portions of the county being improved to six lanes. On the Secondary Road Improvement Plan Sulphur Springs Road remains a number one priority, Assistant Director Bishop reviewed the hard surface projects. He advised that the projects had been re- ranked because a project, Hollow Road, had been promoted to the top of the list. He went on to say a note had been added to point out that scheduling is based on VDOT's revenue projections. He stated there were 21 projects on the unscheduled list. He concluded by saying the Planning Commission and Transportation Committee recommended approval of the plans. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the 2016 -2017 Frederick County Interstate Road, Primary Road, and Secondary Road Improvement Plans. RESOLUTION 2016 -2017 INTERSTATE ROAD 34 IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 20, 2016; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 6, 2016; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2016 — 2017 Interstate Road Improvement Plan and the Constn.rction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2016 -2017 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2016 -2017 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on July 27, 2016. This resolution was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RESOLUTION 2016 -2017 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on .Tune 20, 2016; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on ruly 6, 2016; and, WHEREAS, the Frederick County Board of Supervisors had. previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2016 — 2017 Primary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE YT ORDAYNEII by the Frederick County Board of Supervisors as follows: The 201 6 -2017 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2016 -2017 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on .Iuly 27, 2016. This resolution was approved by the following recorded vote; Charles S. DeHaven,lr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RESOLUTION 2016 -2017 SECONDARY ROAD IMPROVEMENT PLAN 36 WHEREAS, Section 33.2 -364 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing aSix -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 20, 2016; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on July 6, 2016; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2016 — 2017 Secondary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2016 -2017 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2016 -2017 Secondary Road Improvement Plan and Construction Priority Lzst for Frederick County, Virginia as presented at the public hearing held on July 27, 2016. This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Absent Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Supervisor Wells stated he would like to see the Board send a letter to the General 37 Assembly seeking an expansion of state funding for these roads. Supervisor Dunn agreed. He also noted that the State needs to take care of cutting its own grass as well. OTHER PLANNING ITEMS RESOLUTION RE: REVENUE SHARING PROGRAMMATIC AGREEMENT -- APPROVED UNDER CONSENT AGENDA RESOLUTION TO EXTEND PROGRAMMATIC PROJECT ADMINISTRATION AGREEMENT AND PROVIDE SIGNATURE AUTHORITY FOR REVENUE SHARING PROJECTS WHEREAS, the LOCALITY and the DEPARTMENT, entered into a Programmatic Project Administration Agreement for Revenue Sharing Projects on April 18, 2D14; and WHEREAS, said agreement had an initial term of three fiscal years {each year beginning July 15� —June 30tr,), and expired on June 30, 2D16 and may be extended for one additional term of three fiscal years; and WHEREAS, the parties to the agreement hereby declare their intent to extend said agreement as provided in Paragraph 1 of said agreement and further declare that such terms and provisions provided therein shall remain unchanged. NOW THEREFORE BE IT RESOLVED, in consideration of the mutual premises contained therein, the parties agree to extend said agreement for one additional term of three fiscal years with a new expiration date of June 30, 2D19. BE IT FURTHER RESOLVED, that the Board of Supervisors of Frederick County hereby commit to fund their local share of preliminary engineering, right -of- -way and construction (as applicable} of the project {s} under agreement with the Virginia Department of Transportation in accordance with the project financial document {s). BE IT FURTHER RESOLVED, that the County Administrator /or other named position designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. Adopteel this 27ch day of July, 2016 by the Board of Supervisors for Frederick County, Virginia. RE VEST TO SCHEDULE WORK SESSION WITH PLANNING COMMISSION -- APPROVED The Board scheduled the work session with the Planning Commission for Wednesday, 38 August 17, 2016 beginning at noon. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Patsy Gochenour, Red Bud District, addressed the Board regarding the need for an adequate water supply. She stated Frederick County government needed to ensure an adequate supply of water. She noted that without water, everything discussed tonight would be to no avail. She advised that she attended the Comprehensive Plan meeting held in the Red Bud District at which several questions were raised about water. She concluded by asking if the community could trust the local governing body to ensure there would be "life giving water ". BOARD OF SUPERVISORS COMMENTS Supervisor Lofton advised that he attended the Extension 1,eadership Council meeting and it was reported that the AREC Center would hold an open house on Saturday, August 13, 2016 from 1;00 -5:00 p.m. He stated that he was pleased that the revenue sharing agreement was approved tonight because this step had been a long time coming. He thanked staff and VDOT for their work on this project. Supervisor Fisher stated he would like to have the Board and Planning Commission have a discussion about accessory uses in the M -1 District. Supervisor Wells stated if there was any way possible he would like to get the Iight at the entrance to Lake Frederick operational because the community was booming and it would be a great move. Supervisor Slaughter reported that the Sanitation Authority was having trouble with the Anderson Treatment Plant, but they hoped to have things back to normal tomorrow. 39 Supervisor Fisher responded to Supervisor Wells' comments regarding the light. He stated that he had spoken with VD4T in that past and that the developer made a mistake way back, The lights were proffered and installed, but it has been flashing for years. ADJOURN UPON A MOTION SY SUPERVISOR WELLS, SECONDED SY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:53 P.M.) �1 CONSENT AGENDA. FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES CLOSED SESSION AND REGULAR MEETING August 14, 2416 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, August 10, 2016 at 6:00 P.M., in the Board of Supervisars' Meeting Room, 107 North Kent Street, Winchester, VA. PRESENT Chairman Charles S. DeHaven, Jr.; Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board convened in closed session pursuant to Section 2.2 -3711 A (3) of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel and briefing by staff members pertaining to probable litigation where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board; and for consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote; Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Slaughter, the Board certified that to the best of each board member's knowledge only acquisition of real property for a public purposed pursuant to Section 2.2 -3711 A (3} of the Code of Virginia, 1950, as amended, specifically discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; and, consultation with legal counsel and briefing by staff member pertaining to a probable litigation matter pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as amended, specif cally consultation with legal counsel and briefing by staff members pertaining to probable litigation where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the Board; and consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RECESS Chairman DeHaven recessed the meeting until 7:00 p.m. REGULAR MEETING —CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the following item under the consent agenda: - Public Works Committee Report. 3 The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF LAUREN LOVING TO FILL THE UNEXPIRED TERM OF WILLIAM H. CLINE AS STONEWALL DISTRICT REPRESENTATIVE TO THE EXTENSION LEADERSHIP COUNCIL - APPROVED Upon a motion by Supervisor Slaughter, seconded by Supervisor Lofton, the Board appointed Lauren Loving to fill the unexpired term of William H. Cline as Stonewall District representative to the Extension Leadership Council Term expires June 23, 201 S. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye APPOINTMENT OF MAXIMILLION PRESS AS RED BUD DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Lofton, the Board appointed Maximillion Press as Red Bud District representative to the Social Services Board. Term expires June 30, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, July 26, 2016 at 8;00 a.m. All members were present except Bob Hess and Jim Wilson. The following items were discussed: ** *Items Nat Requiring Action * ** 1. Carry Forward Request; The committee reviewed and unanimously endorsed the following carry forward requests; a. Landfill - $25,000 b. Inspections - $12,560.00 These requests will be forwarded to the Finance Committee for their review and action. 2. Project Update: a. Snowden Bridge Boulevard Extension: This revenue sharing project is approximately two (2) months ahead of schedule. The beams for the railroad crossing were placed last week. Asphalt will be placed on the road located west of the bridge this week. Subbase stone has been placed on the road on the east of the bridge. b. CDD Closure: The contractor far the CDD Closure has completed the fine grading in preparation far the placement of the 40 mil textured liner. They are also completing the installation of the storm drainage system and gas vents. This project is also ahead of schedule. c. Roundhill Fire Station: The f re company has occupied the new Roundhill Fire Station and Event Center. Several minor deficiencies have been experienced including problems with operation of the overhead doors, balancing the hot /cold water in the showers, controls associated with one of the HVAC pones and other minor electrical issues. These deficiencies have been conveyed to the contractor for immediate resolution. 3. Miscellaneous Reports: a) Tonnage Report b) Recycling Report c) Animal Shelter Dog Report d) Animal Shelter Cat Report PUBLIC HEARING OUTDOOR FESTIVAL PERMIT_ REQUEST OF CONCERN HOTLINE — FRIDAY FISH FRY CELEBRATION. PURSUAN � "' - °__ T TO THE FREDERICK COUNTY CODE, _CHAPTER 86, FESTIVALS; SECTION 86 -3, PERMIT RE UIRED• APPLICATION• ISSUANC�� E OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON FRIDAY, • ON THE GROUNDS OF SEPTEMBER 2 2015 FROM 4.00 P.M TO 9.00 P.M. , _ - 140 INDEPENDENCE DRIVE, GROVE'S WINCHESTER HARLEY DAVIDSON,,,,, „ ,., WINCHESTER VIRGINIA. PROPERTY OWNED BY JOBALIE LLC. APPROVED Mr. Rusty Holrand, Executive Director of Concern Hotline, appeared before the Board regarding this application. He advised this was the 17th year for Friday Fish Fry Celebration and he was seeking Board approval of this request. Chairman DeHaven convened the public hearing. There were no public corx�ments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the outdoor festival permit request of Concern Hotline -- Friday Fish Fry Celebration. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye D OUTDOOR FESTIVAL PERMIT REQUEST OF KAREN HELM AND RON HOTTLE FOR CELEBRATING PATSY CLINE, INC. — SATURDAY NIGHT SHINDIG (PART OF THE PATSY CLINE MUSIC FESTIVAL). PURSUANT TO_ THE FREDERICK_COUNTY CODE, .CHAPTER 86, FESTIVA_LS;_SECTION_86- 3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY SEPTEMBER 3 2016 FROM 5:00 P.M. TO 9:00 P.M.• ON TIIE GROUNDS OF GROVE'S WINCHESTER HARLEY- DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Mr. Ron Hottle, Celebrating Patsy Cline, Inc., appeared before the Board regarding this application. He advised the organization was seeking approval for the second part of the Patsy Cline Music Festival. He noted this was the first time this event would be held outside of the Crty of Winchester. He concluded by saying his organization was sharing the facility and equipment with Concern Hotline. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the outdoor festival permit request of Celebrating Patsy Cline, Inc. — Saturday Night Shindig. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye OUTDOOR FESTIVAL PERMIT REQUEST OF ROTARY CLUB OF WINCHESTER -- SHENANDOAH VALLEY APPLE HARV EST FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 863, PERMIT REQUIRED; APPLICATION; 7 ISSUANCE OR DENIAL• FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY AND SUNDAY SEPTEMBER 17 AND 18, 2016 FROM 10:00 A,M. TO 5:00 P.M. EACH AY• ON THE GROUNDS ..._... _ �_ D __._.._ • � „250 FAIRGROUND ROAD,, OF THE FREDERICK COUNTY FAIRGROUNDS, ,, • ,,,•. (ROUTE 11 NORTH), CLEARBROOK, VIRGINIA. PROPERTY OWNED BY FREDERICK COUNTY FAIR . - APPROVED ��n�� Mr. Scott Arthur, representing the Rotary Club of Winchester, appeared before the Board regarding this application, He advised this was the second year for this event at the Frederick County Fairgrounds and this year marked their SUcn anniversary. He concluded by saying he was seeking Board approval of this request. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the outdoor festival permit request of Rotary Club of Winchester W.. Shenandoah Valley Apple Harvest Festival. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A, Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye OUTDOOR FESTIVAL PERMIT RE VEST OF ARTYOM WUNDER — VALLEY FUSION FESTIVAL. PURSUANT TO THE FREDERICK COUNTY N 86 -3, PERMIT REQUIRED; CODE, CHAPTER 86, FESTIVALS; SECTTO„ „_ �� APPLICATION; ISSUANCE OR DENI,AL,, FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY SEPTEMBER 17 2016 FROM 12:00 P.M. TO 10:00 P.M.• ON THE GROUNDS OF 740 750 AND 760 MERRIMANS LANE WINCHESTER VIRGINIA. PROPERTY OWNED BY 740 LLC 750 LLC AND WILLOW GROVE VLLC. - APPROVED Mr. Zach Bard and Mr. Artyam Wunder, representing the Valley Fusion Festival, appeared before the Board regarding this application. They advised the event would be held at Willow Grove Farm. Chairman. DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the outdoor festival permit request for the Valley Fusion Festival. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye AMENDMENT TO THE 2016 -2017 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED,? „THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2016 -2017 BUDGET TO REFLECT: DEVELOPMENT ... ....... .......... . PROJECTS FUND FUND 27 SUPPLEMENTAL APPROPRIATION IN THE AMOUNT O.F $12 751 872. THIS AMOUNT REPRESENTS AN EXECUTED REVENUE SHARING AGREEMENT FOR THE I -81 BRIDGE/TEVIS /ROUNDABOUT /AIRPORT ROAD PROJECT. THE PROJECT COST WILL BE SHARED BY VDOT AND R 150 SPE LLC. NO LOCAL FUNDS __ REQU>[RED. - APPROVED Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the budget amendment and supplement appropriation, WHEREAS, Pursuant to Section 15.22507 of the Code of Vir inia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on August 10, 2016, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2016 -2017 Budget be Amended to Reflect: Develo meat Pro'ects Fund Fund 27 Su lemental A ro nation in the Amount of $12,7SI,872. This Amount Represents an Executed Revenue Sharing Agreement for the I -81 Bridge /Tevis /RoundaboutlAirport Road Project. The Project Cost will be Shared by VD4T and R 1 SO SPE LLC, No Local Funds Required. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no board liaison reports. CITIZEN COMMENTS Ruth Perrine, Back Creek District, advised that at the May 11, 2016 Board of Supervisors meeting she spoke about the system of representation on the Shawneeland Sanitary District Advisory Committee. She hoped to address one aspect of the process this evening. She stated that on July 11, 2016 another committee member's term expired and no other community members were given an opportunity to serve. She noted there was no mention of the vacancy at the last advisory committee meeting. She stated an individual had applied for membership, but was not appointed. She was concerned because residents do not have a chance to serve unless the current members do not wish to be reappointed or they die. She concluded by asking that the Board consider appointing Ariel Banagan to the Shawneeland Sanitary District Advisory 10 Committee. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn gave a brief update on the work of the Clowser House committee. He stated they were trying to determine whether or not the structure was located in the dam inundation zone. He noted if the structure was outside dam inundation zone then the Clowser family might be interested in acquiring the property. He advised no specif c uses had been identified at this time. Supervisor Dunn also reported on his walk through of the new Rose Hill Park. Supervisor Lofton spoke in reference to Ms. Perrine's comments and stated several people had expressed an interest in the vacant advisory committee seat. He stated that the last time there was a vacancy he conducted interviews with the interested residents before recommending an appointment. He concluded by saying he hoped that would alleviate some of Ms. Perrine's concerns. Vice - Chairman Fisher questioned the budget amendment for the revenue sharing project because there remained one easement on the property that had not yet been executed. He stated he was curious about what was going on and that as long as the easement remained unsigned the applicant should not be allowed to do anything on this property. Supervisor Hess reported on his attendance at Frederick County Public Schools' convocation for school staff He also noted that Roy and Carolyn Thrasher's granddaughter was the first gold medal winner in the 2016 �lyrnpics. Chairman DeHaven reminded the board members about the annual dinner with the Farm Bureau, which would be held on Thursday, August 11, 2016 beginning at 6:30 p.m. ADJOURN 11 UPON A MOTION BY SUPERVISOR WELLS, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:30 P.M.) 12 COUNTY of FREDERICK Brenda G. Garton County Administrator 5401665 -5382 M E M d R A N D U IVY Fax s4o�66� -030 E -mail: bgarton @�cva.us TO: Board of Supervisors FROM: Brenda G. Garton, County Administrator DATE: September 7, 2016 RE: Committee Appointments Listed below are the vacancieslappointments due through October, 2016. As a reminder, in order for everyone to have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIESiOTHER Board of Zoning Appeals Bruce Carpenter -- Gainesboro District Representative 455 Mountain Laurel Lane Winchester, VA 22603 Term Expires: 12/31/19 Five year term (Staff has been advised by Supervisor Hess that Mr. Carpenter has resigned,) (There are seven members on the Board of Zoning Appeals. Recommendation for appaintmentlreappointment are made by the board of Supervisors and submitted to the Judge of the p'rederick County Circuit Court for consideration and final appointment.} Lord Fairfax Emergency Medical Services Council Tommy Price -- Frederick County Representative 164 Michael Drive Clearbrook, VA 22624 Term Expired: 06/30/16 (Per Revised EMS By -Laws, Now Annual Appointment by EMS Board of Directors.) 107 North Kent Street •Winchester, Virginia 22601 Memorandum —Board of Supervisors Sep #ember 7, 201E Page 2 (See Attached Correspondence #rom Fire and Rescue Association Nominating Mark E. Barenklau. Staff has ,been advised that Mr. Tommy Price does not wish to continue serving on the Lord Fairfax Emergency Medical Services Council.} {According tv Revised EMS By -Laws, members nv longer have expiration dates, they are appointed annually by fhe EMS Board as a whole and serve until they resign or are removed. Locality would then nominate a candidate. Each locality has Three representafives. one member shalt be a paid provider, one member to be a volunteer, and fhe third member shall be either. Members shall be a representative of the professional and non - professional disciplines involved with providing emergency medical units of Ivcal governments and citizens, and those who make use pf such services.) (See Attached Revised By- haws.) Northwestern Community Services Boa Tom Brubaker — County Representative 3407 Cedar Creek Grade Winchester, VA 22602 Home: (540)639 -0002 Term Expires: 12/31/18 Four year term (Staff has been advised that Mr. Brubaker has resigned.) APRIL 2016 Historic Resources Advisory Board Lauren Krempa Murphy — Member -At -Large 106 aallie Mae Lane Stephens City, VA 22655 Phone: (540 }338 -2304 Term Expires: 04/09/16 Four year term (The Historic Resources Advisory Board is comprised of nine members, one member from each magisterial district and three members of large.} Memorandum —Board of Supervisors September 7, 2016 Page 3 MAY 2016 Parks and Recreation Commission Kevin L. Anderson — Member -At -Large 180 Thurston Courk Ciearbrook, VA 22624 Home: (540)665 -1212. Term Expires: 05/09/16 Four year term AUGUST 2(}16 Conservation Easement Authorit CEA Todd B. Lodge — County Representative 3390 Apple Pie Ridge Road Winchester, VA 22603 Home: (540)562 -5488 Term Expires: 08/24/16 Three year term (The Conservation Easement Authority was established in August, 20Q5. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members shall be knowledgeable in one ar more of the following fields: conservation, biology, real estate and /or rural land appraisal, acco�rnting, farming, or forestry. Members serve a three year term and are eligible for reappointment.) Shawneeland Sanitary District Advisory Committee Jeff Stevens 114 Rappahannock Trail Winchester, VA 22602 Home: (540)327 -3112 Term Expires: 08113!15 Two year term (The Shawneeland Sanitary Districf Advisory Committee is comprised of five members made up of resident property owners and serve a two year term.} Memorandum —Board of Supervisors September 7, 2016 Page 4 SEPTEMBER 2016 Conservation Easement Authority (CEA) John R. Marker — County Representative 3335 Cedar Creak Grade Winchester, VA 22602 Home: (54x)662 -4013 Term Expires: 09/26/16 Three year term (The Conservation Easement Authority was established in August, 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members shall be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry: Members serve a three year ferm and are eligible for reappointment.) Parks and Recreation Commission Patrick Anderson — Shawnee District Representative 102 Trent Court Winchester, VA 22602 Home: {540)722 -3676 Term Expires: 09/12/16 Four year term OCTCiBER 20'!6 Shawneeland Sanitary District Advisory Committee Michelle Landon 226 Graywolfe Trail Winchester, VA 22602 Home: (540)$77 -1838 Term Expires: 10/08/16 Two year term (The ShawneeLand Sanifary Districf Advisory Commiffee is comprised of five members made up of resident property owners and serve a two year term.) Memorandum —Board of Supervisors September 7, 2016 Page 5 Re�ivnal Jail Authority Robert W. Wells - Frederick County Representative 114 Laura Drive Stephens City, VA 22655 Herne: (540)869 -1168 Term Expires: 10/13/16 Fvur year term (Frederick Counfy has four seats an the Authority. Current counfy members are Supervisor Robert IN. Wells, Judifh McCann - Slaughter, Brenda Garton and Sheriff Lenny Millholland. Chairman Chuck DeHaven serves as the Alternate.) BGGltjp Attachments U: 1TJPlcammitteeappointmentslMmosLettrslBoardcommitteeAppts {0914t 6BdMtg).docx Daniel C. Cunningham President Memorandum for Record Subject: EMS Council Nomination Frederick County Volunteer Fire &Rescue Association FRL�DfRiCK COiJNTY, VlRGIN1R pC Box 3543 Winchester, VA 22684 During the July �p16 Frederick Coranty Fire and Rescue Association monthly meeting Mark E. Barenklau was nominated to be our representative an the lord Fairfax EMS Council. Mark is Currently an active volunteer at the North Mountain Volunteer Flre and Rescue Campany. He has been a member since 1994 and an EMS provider since 1998. Mark is currently certified at the EM`l�- Intermediate level. By unanimpus vote, the Frederick County Fire and Rescue Association recommend Mark 13arenklau to be our representative on the Lord Fairfax EMS Council. Sincerely, � � � ,��j� �� Daniel C, Cunningham President •Volunteer Companies+ Stephens City Fire & Rescus �Middletavun Fire &Rescue oClear Brook Fire & Rsscus e Gare Fire &Rescue Round Hi11 Camrnunity Fire &Rescue + Gainesbora Fire � Rescue ♦Star cannery l=ire &Rescue ♦Greenvraod Fire &Rescue North 11�auntain Fire � Rescue ♦ Reynolds Stare Fire & Rescue r Mlllwaod Station Firs &Rescue • Page 1 Lard Fairfax Emergency Medical Services Council, Inc. Amended &Restated Bylaws Effective October 21, 2015 To the extent anr� prv�ision of these bylaws conflicts with the Articles of Incorporation (as amencied)r the Articles shall control. ARTICLE I -NAME The name of this Corporation shall be the Lord Fairfax Emergency Medical Services Council, Inc. (tlle "Council "). ARTICLE II - PURPOSE The purpose of the Council. shall be to form a mechanism. to bring together providers of emergency medical services, the public agencies involved with health and safety, and community leaders and citizens to plan and implement a comprehensive emergency medical services system in the area ko be served. The major objectives of this organization shall be, but not limited to, the following: a. To plan for and to implement a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery of health caxe services in the area to be served under emergency conditions occurring either as a result of the patient's condition, or of local or regional disasters and similar situations. b. To coordinate and improve the delivery of emergency medical services in the region, and thereby seek to have the highest possible quality of emergency medical services available to residents within the region. c. To provide assistance in coordinating the emergency medical services system with other public services, institutions, and agencies in the area of service. d. To develop goals and to facilitate broad, regional comprehensive emergency medical services plans and priorities, and to stimulate Lord Fairfax EMS Council, inc. BYLAWS — 1Q/21/15 Page 1 of 15 action, coordination and otherwise ensure maximum use of existing and future emergency medical facilities, services, and manpower compatible with health delivery systems within the area served. e. To serve as the principle advisory group to governments and non- governmental agencies within the area served on matters that require inter jurisdictional coordination, collaboration, and cooperation concerning emergency medical services. ARTICLE III - AREA T© BE SERVED The Council shall serve the areas consisting of the following Virginia political subdivisions, including incorporated towns therein: a, City of Winchester b. Clarke County c. Frederick County d. Page County e. Shenandoah County f. Warren County The Council may serve additional political subdivisions as may be authorized by the Board of Directors. ARTICLE IV - LOCATION OF OFFICE The principal office of the Council sha11 be located within the Council's region. The Council may have additional offices at such other places as designated by the Board of Directors. ARTICLE V -BOARD OF DIRECTORS Section 1. No 1Vlernbers. The Council shall have no members; rather, the entire voting power of the Council shall be vested in the Board of Directors. Section 2. Nomination of Directors. a. Goals /Objectives. All Directors shall strive to (1) serve as representatives of the public in the public interest, and (2) represent the entire region served by this Council and (3} vote for the best Lard Fairfax EMS Council, fnc. BYLAWS — 1Q/21/15 Page 2 of 15 interest of the area as a whole -and not necessarily such person`s geographic area. The Board is intended to be comprised of persons who are broadly representative of (1) professional and non- professional disciplines involved with providing Emergency Medical Services, (2) units of local government and citizens, and {3) those who make use of such services. b. Min /Max Directors. There shall be a minimum of 8 directors and a maximum of 50 directors. However, the desire is to have, on average, 22 Directors, consisting of individuals from consumers, government representatives, hospital administration, physicians, nurses and fire /rescue departments from the following areas /positions: 1. City of Winchester 3 2. County of Clarke 3 3. Frederick County 3 4. Page County 3 5. Shenandoah County 3 6. Warren County 3 7. Regional Medical Director, LFEMSC 1 8. Chairperson, LIiEMSC Medical Direction Board 1 9. Valley Health Systems 1 10. Consumer 3 The Council shall strive to have each locality represented an the Board, with at least one being a volunteer and one a career EMS provider. It is anticipated the nominees for Board members from the various geographical areas will be provided by such areas local governing bodies {as provided belo,cnr) -but Directors axe always elected by the then sitting Board of Directors. The locality shall have na vets power or right of appaintmentf representation. c. Nomination Process. At least 60 days prior to the annual meeting at which officers and directors will be elected, The Nominating Committee shall fulfill the fallowing charges: 1. Prepare a slate for the election of the Directors for each position to which a political subdivision is entitled from nominees submitted by the political subdivisions. 2. Prepare a slate nominating Directors to serve as Officers of the Board. Lard Fairfax EMS Cauntll, Inc. BYLAWS — 1D/21/15 Page 3 of 15 3. Prepare a slate nominating one (1} Director to serve on the Executive Committee. 4. Ensure that such slates are submitted in writing to each Director of the Council at least thirty (30) days in advance of each election. 5. Board members may make nonr�inations at least 120 days prior to the election of such position; provided, however, (1} such nominee meets the qualifications for such position, (2} such person meets with the Executive Director and President to discuss duties and responsibilities of a director, and (3) agrees to serve if elected. Upon completion of the above, then such person s name shall be submitted to the Nominating Committee and all other Board members at Least 60 days prior to the election for such position. If the above requirements are met, the Board member who recommended such person may submit such person`s name for consideration of being elected at the meeting for -which such election is to occur. Section 3, Election of Directors &Term of Office. a. Directors shall be elected at the Annual. Meeting by a majority vote of the Directors or a special meeting held in lieu thereof for the specific purpose of electing one or more Directors. b. Directors shall be elected for a term of one year at the annual meeting. A Director shall continue to serve as such until the end of his /her term and until his /her successor is elected and qualifies. There shall be no term limits on Directors, c, As provided above, the Council shall strive to have the Chairperson of the Lord Fairfax EMS Medical Direction Board and the Regional Operational Medical Director of the Lord Fairfax EMS Council as Board members. Section �. Resignation/Remnval/Vacancy a. Resignation. A Director may resign at any time. Resignation mid term from the Board must be in writing and delivered to the President or Secretary to be effective. b. Removal. Aboard member may be removed at any time for any reason, �nTith or without cause, by atwo- thirds vote of the remaining lord Fairfax EMS Council, Inc. BYLAWS — 10/21/15 Page 4 of 15 directors in office (not just atwo- thirds vote of those present at such meeting). c. Vacancies. If there is vacancy during a Director's term, the Board (by majority vote) may replace such Director to fill such. remaining term - at any regular or special meeting - notice of which indicates a successor Director is being elected, It is anticipated (but not required) the nomination of such. replacement be by the Nominating Committee as provided herein. Section 5. Powers. The Board shall have all powers inherent to corporate directors under Virginia law, including, but not limited to, the foUawing: a. Manage and administer the affairs of the Council, each director being entitled to one vote. b. Elect the officers of the Council as pravided in the Articles of Tncorporation and these Bylaws. c. Empower the Executive Committee of the Board to manage the affairs of the Council during the interval between meetings of the Board. d. Appoint such committees as it may deem expedient for the carrying out of the objectives of the Council and as may be consistent with these Bylaws and to texxninate the authority for any such committee at any time. e. Arrange for the funds to support the program of the Council and to central the disbursement of these funds. f, Employ an Executive Director and authorize the employment of such persons, as it may deem necessary or appropriate far the successful execution of the objectives of the Council, in accordance with its non- profit character. g. Enter into such agreements with any government or private philanthropic agencies and public ar private consulting organizations, at its judgment, will further and be consistent with the objectives of this Council. h. ©therwise perform such acts and functions which will further the objectives and purposes of the Council which are not inconsistent with the Articles of Incorporation or these Bylaws. Lord Fairfax I;MS Gauncii, Inc. BYLAWS — 10/21/15 Page 5 of 15 Section 6. Voting & Quorurn. a. Majority Vote, Except as otherwise provided herein requiring a higher vote, all decisions of the Board shall be majority vote of the Directors. A majority vote means more than 50% of Directors present at a duly called meeting at which a quorum is present. b. Vote Tn Person - No Proxies, Each member of the Baard present at a meeting shall be entitled to one vats. No proxies are permitted - vatingmust be in person. c, uorurn, A quorum shall be present at a Baard meeting if at least one -third of the then elected Directors are present. �,ess than a quorum may adjourn a meeting. 'Section '7. Meetings &Notice. a. Annual and Special Meetings. The Annual Meeting of the Board shall be held in June of each year. The date, place, and exact time of each meeting shall be set by the Board. The Board shall have the power to set the date, time, and places of regular meetings of the Board. Special meetings of the Baard shall be called by the President or by the Secretary on the written request of any five (5) Directors of the Council. Current income and expenditure statements shall be available at ali governing Baard meetings. Nothing herein shall preclude action without a meeting as allowed under Virginia Code Section 13.1 -8b5, as amended - unanimous written consent of all Directors. b. Notice. Notice of the time, place, and purpose of Annual or Special Meetings a€ the Baard shall be served as provided by law, but in no case shall such notice be less than five (5} days unless agreed upon by all Directors of the Board. Attendance at such meetings shall constitute waiver of notice, unless such attendance is for the sole purpose of objecting to the notice provisions therefore. Notice is permitted by any means allowed under Virginia law -but at this time, the Council anticipates all natives will be sent by email at the last email address provided by each director /officer, An email notice is deemed received at such time as it is sent by the Council (even if not read by the recipient) to the latest email address provided to the Council by such Director. All Board members shall immediately Lard Fairfax EM5 Council, Inc. BYLAWS — 10/21/15 Page 6 of 15 notify the President, Secretary and the Executive Director of any change in one's entail address in writing. Notice to Committee Members may be made in the same manner. Section 8. Att @nclance. a. Attendance Required, Regular, in person, attendance is critical to the operation of the Board and each Director should rnake every effort to attend every meeting, In that light, the following rules shall apply: If any member shall not be in attendance at two {2) or more regularly scheduled consecutive meetings, the President shall direct correspondence (by rttail or email) to any and all affected rnembers and their appointing body advising therm of such person's record and the potential for removal hereunder. Attendance must be in person, Attendance by conference call /internet communication is not considered attendance. b, Removal If Fail To Attend After Native. If after such notice, the member misses any one of the next three regular meetings, the Board shall have the authority to reErtove said individuals} from their seats) and notify the appropriate loyal governing bodies (if applicable} of the action. The Board shall consider, at their discretion, any extenuating circumstances of the affected member {s }, under this sevtion, Section 9. Nominations for Governor's Advisory Board. Only Directors can be appointed to the Governor's Advisory Board. If the Director expires on the Council prior to their expiration on the Governor's Advisory Board, the appointed representative will be allowed to fulfill the obligation to the Governor's Advisory Board (even though no longer a Director hereunder). ARTICLE VI - OFFICERS Section 1. Elected Officers. The officers shall be elected by and from the directorship of the Board except as hereinafter stated, and shall consist of the following; a. President Lard Fairfax EMS Council, Inc. BYLAWS -- 10/21/15 Page 7 of 15 b. Vice President c. Treasurer d, Secretary e. Such assistant treasurers and secretaries as the Board may elect. Officers shall be elected for a term of office at the Annual Meeting of the Board, Officers shall serve until their successors are elected to and take office. A,n officer shall be eligible to serve unlimited consecutive terms. Officers may also be removed for any reason, with ox without cause, at any time, by a majority vote of the Board. Section 2. President. The President of the Council shall preside at meetings of the Council and the Executive Committee. He /she shall have the power to make and execute contracts in the ordinary business of the Council and far and in the name of the Council to execute other legal instruments when authorized by the Board. The President shall have such powers and duties as from time to time may be assigned to him /her by the Board. Section 3. Vice President. In the absence of the President, or in the event of his /her inability to act, or i.f that office is temporarily vacant, the Vice President shall exercise all the powers and perform all the duties of the President of the Council. Section 4. Treasurer. The Treasurer shall have general supervision over the care and custody of the funds and securities of the Council, He /she shall deposit the same or cause the same to be deposited in the name of the Council in such banks or other depositories as the Board may direct, He /she shall cause the funds of the Council to be disbursed by checks or drafts upon the authorized depositories of the Council and shall cause to be taken and preserved proper vouchers far all funds disbursed. He /she shall keep or cause to be kept, full and accurate accounts of alI receipts and disbursements of tl-�e Council and shall present to the Board, whencvcr requested, a complete report of receipts and disbursements and of financial conditions, He /she shall perform such duties as may be assigned to him/ her from time to tincte by the Board, Lord Fairfax EMS Council, Inc. BYLAWS — 10/Z1/15 Page 8 of 15 5ecti ©n 5. Secretary. He /she shall keep the minutes of all meetings of the Council. He /she shall be responsible for the giving and serving of all notices of meetings of the Council and, in general shall perform all duties incident to the Office of Secretary and shall have such other powers and duties as may be assigned to him /her by the Board. Section 6. Vacancies. A vacancy in any office shall be filled for the unexpired portion of the term by the Board at any regular meeting, or at a special meeting called fox that purpose. ARTICLE VII - COMMITTEES Section 1. Executive Committee. It shall be the purpose of the Executive Committee to conduct the necessary and xoutine business of the Board between meetings of the Board of Directors. The Executive Committee shall consist of the following members of the Board: a. The President, who shall serve as Chairperson of the Executive Coinnuttee b. The Vice President c. The Treasurer d. The Irnrr�ediate Past President e. Secretary f. The Chairperson of the Medical Direction Committee g. A Director at large (selected by the Board) h. The Executive Director, who shall serve in an ex- officio capacity without a vote (and the Executive Director may be asked to Ieave such meeting - by a majority vote of the other Directors present at that time - if the issue to be discussed is regarding such person's performance or compensation) No more than two directors from any single political subdivision shall serve on the Executive Committee, A vacancy occurring on the Executive Lord Fairfax FMS Council, Inc. BYLAWS — 10/21/15 Page 9 of 15 Committee shall be filled at any regular meeting of the Board or at any special meeting called far that purpose. Section 2. Nominating Cc�rnrnittee. The Nomination Committee shall be appointed by the President with the consent of a majority vote of the Board present at such meeting. The Noxinating Committee shall be compared of not more than one (1) Director of the Board from any of the participating political subdivisions and shall have na fewer than three (3} members. The Nominating Committee shall be appointed sufficiently in advance of the election date so as to perform their duties in an orderly manner. Section 3. Standing Committees. The fallowing Committees shall be standing Committees in existence at all times: a. There will be a Disaster Planning Committee whose mission is to provide guidance and coordination on a regional basis for a unified and immediate emergency medical services (EMS) mutual aid response by pre - hospital and hospital agencies to, and the effective emergency medical management of, the victims of any type of Mass Casualty Incident (MCI} or disaster. b. There will be a Performance Improvement Committee whose mission is to systematically review data of all agencies to improve the quality of patient care an an ongoing basis. c There will be a Trauma Performance Ina rovement Committee whose mission is to systematically review trauma data of all agencies to improve the quality of trauma patient care, d, There will be a Stroke Triage Committee whale mission is to establish a uniform set of criteria for the pre - hospital and inter - hospital triage care and transport of acute stroke patients within the region. e. There will be a Regional EMS Instructor Network with the purpose of discussing regional educational performance improvement relating to EMS training, instructors, and Consolidated Test Sites (CTS }. f. There will be a Medical Direction Board whose mission is to coordinate and oversee the medical direction function of the Council's EMS system. lord Fairfax EMS Council, Inc. BYLAWS — 1{1/21/15 Page 10 of 15 g. There will be a Training Committee whose mission is to develop and implement training programs for the various certification levels and specialty programs, The committee will be comprised of the Jurisdictional EMS Education Coordinators from each locality and / or agency represented within the Council region. The President may appoint ar authorize the appointment of such other committees as may be deemed necessary or appropriate to carry out the purpose of the Council. Section �. Committees at Discretion of the Board. Each Committee shall be appointed by the Board, shall have at least two members, and shall serve at the pleasure of the Board. The Board may remove and replace committee members at any time for any reason by a majority vote, The President shall have the power to name the committee chairpersons, who if passible, should be a member of the Board of Directors, and if not possible, shc�Uld he a person who 11as expertise of knowledge in the committee's mission, Section 5. Voting &Quorums. a. Vote In Person - No Proxies, Each Committee member at a meeting shall be entitled to one vote. No proxies are permitted - voting must be in person. b. quorum Requirements. T. Executive Committee Meetings. A quorum shall be present if at least one -third of the Executive Committee Members are present. 2, Qther Committee Meetings. A quorum shall be present if at least one -half the committee members are present. Less than a quorum may adjourn a meeting. ARTICLE VIII - ANNUAL AND OTHER REP ®RTS The President, Secretary, and Treasurer shall present to the Board at its Annual l�,ileeting, a report, verified by them, showing the whale amount of Lord Fairfax EMS Council, inc. BYLAWS — 10/21/15 Page 11 of 15 real estate and personal property owned by the Council, where located, and where and how invested, the amount and nature of the property acquired during the year immediately preceding the date of the report and the manner of its acquisition; the amount applied, appropriated or expended during such year and the purposes, objects and persons to or for which such application, appropriations and expenditures have been made; and the names and addresses of the Directors of the Board and Officers of the Council, which report shall be flied with the records of the Council and an abstract thereof entered in the minutes of the proceedings of the Annual Meeting of the Board of the Council. The Council shall also publish at least annually a report or reports adequately summarizing the activities of the Council and shall make such reports and the financial report specified above, available to each Director of the Board, the participating political subdivisions, and shall otherwise cause these reports to be given wide distribution. Audit Required Each Year. A financial audit will be performed annually and presented to the Board. ARTICLE IX — EaCECUTIVE I�IRECT�R The Board shall be empowered to employ an Executive Director and such assistance as it may deem necessary for the carrying out of the purposes of the Council, at such salary or salaries as may be set by the Board. The Executive Director is the Chief Executive Officer of the staff and is responsible to the Board for the maintenance and operation of the Council's offices and acts under the immediate direction of the Board. The Executive Direction is responsible for carrying out the policies and programs of the Council in accordance with the Articles of Incorporation, Bylaws, and policies adopted by the Board. The Executive Director shall be bonded in an amount sufficient to cover his /her responsibilities with the cost of such bond to be borne by the Council. The Executive Director is responsible for supervising /coordinating all staff and consultant services provided to the Council, and for preparing and presenting a proposed budget and work program to the Board, It is expected the Executive Director will attend all board meetings, report on the progress of the organization, answer questions of the Board members and carry out the duties described in the job description. The board can designate other duties as necessary. The Board Lord Fairfax EMS Council, Inc. BYLAWS — 10/21/15 Page 12 of 15 may ask the Executive Director to leave any meeting at any time, but it is anticipated this will only be done if the discussions involve the Executive Director. ARTICLE X - EXECUTION OF INSTRUMENTS All checks, bills of exchange, notes or other obligations or orders for payment of money shall be signed in the name of the Council by the Executive Director, President, Vice President or Treasurer or such other officer or officers as the Board may, from time to time, designate by resolution. The Executive Director, President, Vice President, and Secretary sl1a1I have the authority to sign checks on behalf of the Council. A11 persons authorized to execute the instruments set Earth in the Articles or to otherwise deal with the receipts and payments of funds of the Council shall be bonded by a corporate surety bond in an amount not less than the arulual budget for this Council. ARTICLE XI - FISCAL YEAR Section 1. Period. The fiscal year of the Council shall be from the first day of July to the thirtieth day of June, inclusive, or such other twelve -month period as the Board may designate by resolution. Section 2. Budget. Prior to the close of each fiscal year, the Board shall adopt a budget of income and expenses to control the finances of the Council during the next ensuing fiscal year. The adopted budget for any year may be revised from time to time at any meeting of the Board in light of changing conditions, ARTICLE XII - DISSOLUTION AND DISTRIBUTION OF ASSETS Should it become necessary for the Council to dissolve its organization, it will be done by a vote of two- thirds of all Board of Directors in office {not Lord Fairfax EMS Council, Inc. BYLAWS — 10/21/15 Page 13 of 15 just those present at that meeting} and in accordance to State of Virginia and federal regulations. Upon the dissolution of the Council, assets shall be distributed for one or more exempt purposes within the meaning of section 541(c }(3} of the IRS code, or corresponding section of any future federal tax Bade, or shall be distributed to the federal, state ar local government which is served by the Council. Any such assets not disposed of sha11 be disposed of by the Court of the county in which the principal office of the Council is then located, exclusively for such purposes or to such. organizations) as said Court shall determine which are organized and operated exclusively far such purposes. t�RTICLE VIII � AMEI\TDME101�T� These Bylaws may be amended or repealed at any meeting of the Board by an affirmative vote of two- th�xds (2/3} of the Directors in office (not just those present} -but notice of the proposed change shall be sent out at least 15 days before the meeting at which such vote will occur. ARTTCLE XIV - Il�TDEMNIFICA�I'I ®N The Council may indemnify a director as allowed under Virginia Code Section 13.1 -876, as amended. The Council shall indemnify a director as required under Virginia Code Section 13,1 -877, as amended. The Council may pay for or reimburse reasonable expenses incurred by a director who is a party to a proceeding as allowed under Virginia Code Section 13.87$, as amended. A director may apply to the court for indemnification as provided fon� udder Virginia Code Section 13.1 -879.1 The determination and authorization of indemnification shall be made as provided for in Virginia Code Section 13.1 -880, as amended. Indemnification of officers shall be as provided far under Virginia Code Section 13.1 -881, as amended, Lord Fairfax EMS Council, Inc. BYLAWS — 10/21/15 Page 14 of 15 The corporation shall purchase a reasonable level of directors' and officers' liability insurance, the limits of which shall be determined by the Board. Article XV - Virginia FClIA The Council shall comply with the Virginia Freedom of Information Act (Chapter 37 of Title 2.2, as amended) as applicable when the requestor follows the outlined steps cited in the referenced docunnent. These amended and restated bylaws were adopted on October 21, 201, to be effective as of that same date, PRESIDENT, BOARD SECRETARY, BOARD IZevisivn History �; �° � � � .-- gj _ hdQL, i! b ` 6i W'8 � .:fib H'i' .�: w3. range Effe�v� �. . :'��,� ��'"C G Revised &Approved by Board of Directors 10/2007 Revised &Approved by Board of Directors 5/2008 Revised & Approved by Board of Rirectors 4/2009 Approved by Board of directors w /no revisions 12/2004 Approved by Board of Directors w /revisions 1Q/201� Lord Fairfax EMS Council, Inc. BYLAWS — 10/2./15 Page 1S of 15 MEMORANDUM TO: Frederick County Board of Supervisors CC: Brenda G. Garton, County Administrator FROM; Roderick B. Williams, County Attorney DA'I'S: August 18, 2016 RE: Commissioner of Revenue Refund Requests COiJNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -8383 Fax 540/667 -0370 E -mail rwillia�a fcva.us 3��6 -� 8 9 � p yT j2'.� � ��, � c��p ��` '��_�,G�`��('} V �* �4�F ��z�x €Z�' Attached, for the Board's review, are requests to authorize the Treasurer to credit. the following entities: 1. Interstate Rescue -- $9,267.20 2. Toyota Lease Trust — $3,477.21 oderick B. Williams County Attorney Attachments 107 North Kent Street Winchester, Virginia 22601 MEMORANDLzM TO: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: Brenda G. Garton, County Administrator FROM: Rodericic B. Williams, County Attorney DATE: August 18, 2016 RE: Refund — Interstate Rescue COUNTY OF FREDERICK Roderiek B. Williams County Attorney 5401722 -8383 Fax 5401667 -0370 E -mail rwilIia a�fcva.us I am in receipt of the Commissioner's request, dated August 10, 2016, to authorize the Treasurer to refund Interstate Rescue the amount of $9,267.20, for personal property taxes and penalties fram 2013 through 2016. This refixed resulted from an audit of the company on reported personal property filings that included non- taxable items. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 5$.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's mem Ro stick .Williams County Attorney Attachment 107 North Kent Street Winchester, `'irginia 22601 August 10, 2016 Frederick County, Virginia EI9�r� �. 1�1'urpl�y Cora�rralssooner o� %iae f2e�reraree 907 North Kent Street IMinchester, VA 22609 Phone 540 -655 -5689 Fax 540- 667 -648i ernao�: e►aaur�hycrco.fr�c'ericlr.va.us TQ: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors lay Tibbs, Secretary to the Board Brenda Garton, County Administrator FRDM: Ellen E. Murphy, Conunissioner of the Revenue RE: Exoneration — interstate Rescue �,-- r- -- - -� �� r � �� i ',_ r �� f -..� -• �/ Please approve a refund of $8,267.20 for personal property taxes and penalties for 2013 through 2016 in the name of Interstate Rescue. This refund is for adjustment afbusiness personal property filings by Interstate Rescue that included non - taxable items, discovered after auditing their detail records. To comply with requirements for the Treasurer to apply this refund board action is required. The Commissioner's staff has verified all required data and the paperwork is in the care of the Commissioner of the Revenue. please also approve a supplemental appropriation far the Finance Director on this request. Exoneration is $9,267.20. l�at e = ts/ ��/ its �,asn fC�� 1 � L �I - +.,vuiv 1 t �n� i� i��u�i�i vii � ..�,.� • �., ,... - �,... Total Paid = $9,267.20 F3 =Exit F14 =Show Map# F15 =Show Balance F18= Sort - Entered F21= CmdLine I�e. �S I�:u.Vv Y��r; Ua.� Total Transactions= 709 Customer Name INTERSTATE RESCUE Customer Transactions= 7 Options= 2 =Edit 4= Delete 5 =View Opt- D�p� T__rans Ticket -No�- Tax Amount Penalty /Int Amount paid $1,415.©2 - PP2013 1 0025847Q001 $1,275,'75- $139.27- �_ PP2013 2 002584700Q2 $1,275.75- $,00 $1,275.75- PP2014 3 Ofl2658700Q1 $1,275.75- $.00 $1,275,75 -- _ PP2014 4 002658700p2 $1,275.75 - $.Op $1,275.75 - _ PP2015 5 0026910Q001 $1,275.75- $139,27 -- $1,415.Q2- PP2015 6 00269100002 $1,275.75- $.00 $1,275,75 - PP2016 7 00275950001 $1,202.85- $131.31- $1,334.,16- Total Paid = $9,267.20 F3 =Exit F14 =Show Map# F15 =Show Balance F18= Sort - Entered F21= CmdLine I�e. �S I�:u.Vv Y��r; Ua.� MEMORANDIIM TQ: Ellen E. Murphy, Commissioner of the Revenue Frederick County Board of Supervisors CC: Brenda G. Garton, County Administrator FROM: Roderick B. Williams, County Attorney DATE: August 18, 2016 RE: Refund — Toyota Lease Trust COUNTY OF FREDERICK Roderick B. Williams County Attorney 5401722 -$383 Fax 5401667 -0370 E -mail rwillia @fcva.us I am in reeeipt of the Commissioner's request, dated August 10, 2016, to authorize the Treasurer to refund Toyota Lease Trust the amount of $3,477.21, for personal property taxes in 2015. This refund resulted from normal proration of vehicle taxes where vehicles financed by this company were either sold or moved from this locality. The Coinrnissioner verified that documentation and details for this refund meet ail requirements. Pursuant to the provisions of Section 58.1- 3481(A) of the Code of Virginia {1450, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memor um. oderick . Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 August 10, 2016 Frederick County, Virginia �dlen � Nlur�ahg� �om�dssion�r of the Rev�nc�e 707 North Kent Street V!/inchester, 1/.� 22609 Phone 540 - 665 -5689 Fax 540- 667 -6487 �rrra�l: errlur,�hy a��o. �r�ederr�k. va. ors TO: Rod Williams, County Attorney Cheryl Shifflex, Finance Director Frederick County Board of Supervisors lay Tibbs, Secretary to the Board Brenda Garton, County Administrator FROM: Ellen E. Murphy, Commissioner of the revenue RE: Exoneration — 'Toyota Lease Trust °` . _� .. k L �_��t4 � t�N� � � �� ya � � # � i ij�� Please approve a refund of $3,477.21 for personal property taxes for 2fl16 in the name of Toyota Lease Trust. This refund is for proration of vehicles financed by Toyota Lease Trust but either sold or xnoved from our locality. AlI are part of the normal process of adding and deleting vehicles under proration rules. To corrzply with requirements for the Treasurer to apply this refund board action is required. The Commissioner's staff has verified all required data and the paperwork is in the care ofthe Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $3,477.21. ua�e• z�iu��in Lasn tcegisLer� uuul�lY ur rnr�llr.nl�n 11me- �u•��•lu Multiple Pages Total Paid � $3,477.21 F3 =Exit F14 =Show Map# F15 =Shaw Balance F18 =Sort- Entered F21 =GmdLine Options= 2= Edit_ -4= Delete S =View Dept Trans Ticket No. Tax .Amount Penalty /Int Total Transactions: ?69 Customer Name: TOYOTA LEASE TRUST Customer Transactions: 15 Options 2�Edit 00580540135 4= Delete S =View $244.22- _ PP2016 15 Qpt D� Trans Ticket No. Tax Amount Penalty /Int Amount Paid _ PP2016 1 Q0580540025 $109.96- $.Op 109.96- _ PP2016 2 00580540026 $329.87- $.00 $329.87- _ PP2016 3 0058054D031 $37.51- $.00 $37.51- _ PP2016 4 0058054D032 $225.08- � $.00 $225.08- _ PP2016 5 00580540038 $397.41- $.00 $397.41- _ PP2016 6 0058054D061 $108.34 -- $.00 $108.34- _ PP2016 7 00580540062 $650.02- $.00 $650.02- - PP2016 8 00580540067 $26.89- $.00 $26.89- _ PP2016 9 00580540068 $161.36- $.00 $161.36- _ PP2416 10 00580540081 $33.65- $.00 $33.65- _ PP2016 11 00580540082 $201.88- $.00 $201.88- _ PP2016 12 00580540103 $54.59- $.00 $54.59- Multiple Pages Total Paid � $3,477.21 F3 =Exit F14 =Show Map# F15 =Shaw Balance F18 =Sort- Entered F21 =GmdLine Options= 2= Edit_ -4= Delete S =View Dept Trans Ticket No. Tax .Amount Penalty /Int Amount Paid _ PP2016 13 005805401Q4 $163.79- $.00 163.7y- _ PP2016 14 00580540135 $244.22- $.Op $244.22- _ PP2016 15 00580540136 $732.64- $.00 $732,64- Multiple Pages Total Paid � $3,477.21 ��e,�s � „�' ��f �,� CC}UNTY of FREDERICK FROM: Brenda G. Garton SUBJECT; County Administrator DATE: 5441665 -6382 Fax 544/667 -0370 E -mail: bgarton @fcva.us 7['O: Board of Supervisors FROM: Brenda G. Garton, County Administrator SUBJECT; Proposed 2017 Legislative Initiatives DATE: September S, 2016 Attached please find a draft of proposed 2017 legislative initiatives for Frederick County. In an effort to differentiate between new initiatives and previously adopted initiatives, we have divided the document into two parts. Part I is proposed new items and Part II contains items from 2016 that are proposed to remain on the Iist for 2017. Many of the 201G items are long standing positions of Frederick County (e.g. unfunded mandates, nnachinery &tools tax, equal taxing authority }. Also, in order to help the Board in thf�ir decision making, this year we identified where the new items were initiated (e.g. board members, staff, etc. }. Staff is seeking three actions from the Board regarding the legislative initiatives. The first action is to determine those items that the Board would like to see included on its legislature agenda. The second action would be to establish a prioritization of three to eve items, if desired, that will be the focus of the upcoming General Assembly session. The final action would be to adopt the legislative agenda and priorities. Once the Board has given its approval, staff wi11 forward oux agenda to our legislators, If you have any questions, please do not hesitate to contact me. Attachment 107 North Kent Street • Wincheste ,Virg' 226fl� -5,QQ0 107 North Kent Street Winc�iester,irglnia GL601 2017 LEGISLATIVE INITIATIVES �'HEI)EKICif CUUN'I'Y, VIRGINIA Proposed New Items: 1. Medicaid coverage far jail inmates. — Frederick County supports legislation to eliminate the ineligibility of incarcerated inmates to receive Medicaid benefits. Currently state law requires that incarcerated individuals lose their Medicaid coverage while they are in jail. This negatively impacts the locality's contribution to local or regional jail budgets, especially with the increasing numbers of chronically and mentally ill inmates on the rise. is proposed change would also allow state inmates to receive Medicaid benefits while in Led. - Initiated by NRADC Superintendentlim Whitley and NRADC Chair Brend n. 2. Tax Incentives far Land Conservation — Frederi in order to encourage landowners to particip Supervisor Slaughter. 3. Funding for Public Education — Frederick C� exclusively far public education. — Initiated 4. 5. Funding for transportation im transportation improvements, Supervisor Slaughter. the provision "" so that localities order to address 6. I _ sed Funding venu red e amount of �ng ova increa e amount n1 y to be County A � 'stration a � annin increasing the tax incentives n programs. — Initiated by e use of ry funds supports increased funding far Interstate 81. — Initiated by e Geieral Assembly to reconsider X3.4 as ' endment to the Cade of Virginia, r work with the development community in facilities and services (e.g. schools, roads, fed residential growth. — Initiated by County rael Ruddy. Projects — Frederick County opposes the proposal to for revenue sharing projects. Frederick County supports de available for revenue sharing projects. — Initiated by 7. Local Approval it ommunications Facilities — Frederick County supports the continuance of lac a ment authority to approve the locations and conditions for the placement of wireless ommunications facilities. Any attachment or co- location of communications infrastructure an local government buildings and facilities and the fees far such attachment should be determined by the locality. — Recommended for inclusion by Thomas Dick, Frederick County's lobbyist. 8. Commonwealth Opportunity Fund — Frederick County supports maintaining existing funding levels the Commonwealth Opportunity Fund {COFJ. The COF has been the target of budget cuts over the past several years. Existing funding levels for the program must be, at a minimum, maintained. — Initiated by EDA Executive Director Patrick Barker. 9. Economic Development Leadership — Frederick County supports consistent leadership at the Virginia Economic Development Partnership because relationships are vital to economic development and maintaining those contacts over time is essential to a successful marketing program. Virginia's unique one -term gubernatorial term in the past fed to a situation of frequent turnover of state economic development leadership. Consistency in leadership will maintain and enhance the business community's confidence as it makes decisions about investments in Virginia and will give Virginia's governors an experienced resource to accomplish their economic development goals and objectives. — Initiated by EDA Executive Director Patrick Barker. 10. Career Technical and STEM Education — Frederick County s orts funding, access, and enhancements to Career Technical Education and Scienc nalogy, Engineering &Math (STEM) programs in order to enable employers to hire ity workforce. — Initiated by EDA Executive Director Patrick Barker. ..__. . 11. Skill- Enhancing 6Van- Credit /Credentialing C — Frederick y supports additional funding to increase opportunities for mor credit credentialin •ryes provided through the Virginia Community College System i r to enhance the speco 'lls of workers needed by employers. — Initiated by EDA Executive for Patri arker. e`g 14. a�ition of Me mad or a quorum Product eck County supportsie Virginia o provide e competitive product for those mmonw Site readiness is important to Cu Virgini he lowest number of aitiate . Exec Director Patrick Barker. rages the neral Assembly to consider and is the opportunity to end their life in a humane n with Dignity Act. — Initiated Supervisor Change the definition of meeting to be one less that a than a majority. Draft changes below. "Meeting" eetings" s the meetings including work sessions, when sitting physically, ar through telep or vid uipment pursuant to § 2.2 -3708 or 2.2 -3708. Z, as a body ar entity, ar as an informa �e of (iJ �� °�^� - ^�� ^�� +'�rn^ T one less than a majority ar (iiJ a quorum, ' if a quorum is less than a majority, of the constituent membership, wherever held, with or without minutes being taken, whether ar not votes are cast, of any pubNc body- - . This change allows supervisors to get. the input of mare than one supervisor at a time when discussion an issue while still preventing back room deals. — Initiated Supervisor Dunn. 15. Tax Returns Filed Electronically. The Commonwealth states they would prefer electronic tax filings far simplicity and to expedite returns. Current law allows free tax filings for lower income earners and a fee for higher income earners. If the Commonwealth truly wants to encourage electronic filings for all taxpayers, change the law to have the same terms apply to all taxpayers. -- Initiated Supervisor Dunn. 1b. Presidential primary - Current law requires that to qualify for placement on the presidential ballot for primary elections, the candidates must get 5DOD registered voters signatures including 2DD signatures from each of the 1lcangressianaldlstricts. Change the law to eliminate the requirement that presidential candidates need to get signatures from each of the 11 congressional districts. All the states el oral votes go to the candidate who garners the most votes irrespective of which congre district from which they were cast; and / or Provide an alternative to the signature requi presidential candidate who campaigns in the days at three separate locations shall hav signatures. This will encourage candidat views without having to spend time and mo Dunn. 17. Instant Run Offs or Alternati or an alternative run off far e Initiated Supervisor Dunn. 6 ang" law to state that any declared onwealth t Imes on three separate r name put on t lot with just 100 mpaign in Virginia so �nians can hear their fathering 'natures. — ted Supervisor County su s legislation to enact instant run offs o candida ieves a majority of votes. . — unty supp reverting authority to the locality to continue ranted b General Assembly, prior to January 1, 2003. sties E ° "' r y Status — Frederick County supports authority Counties based on population density {i.e. the F lotion density to be eligible for city status should also be 'tional authority to address the impacts of urbanization and efined i he State Cade }. Taxes — Frederick County opposes any efforts to restrict local s. Machinery and Tools Tax {M &T} represents $5.7 million for the rofessional License Tax {BPOL} generates $6 million in revenues. 4. Education Funding -- Frederick County calls open the Governor and General Assembly to fully fund the Virginia Standards of Quality as recommended by the Board of Education and the Standards ofAccreditation. 5. Cost of Competing — Frederick County supports full reinstatement of the COCA {Cost of Competing Adjustment) for teachers and support staff. 6. Nutrient Waste Load Allocations — Frederick County opposes any reallocation of existing State Water Control Board (SWCB) approved nutrient allocations. 7. High Speed Internet Availability - Frederick County supports efforts that would improve access to high speed Internet for its citizens and businesses. 8. Changes to Legal Notices —With limited readership of the legal notices published in area newspapers, localities should be allowed to provide notice electronically and not be required to subsidize newspapers. 9. Unfunded Mandates — Frederick County opposes the enactment of any new mandates on local governments or school systems unless state appropriati s are made to fully fund those mandates. �a 10. Funding for State Mandated Positions - Frederick lieves the state should meet its full funding obligations for constitutional officers a � er� mandated positions. Frederick Count su orts bud et lan ua a that is cl d concise elates to an ro osed a increases or constitutional o icers and o -` ate mandated ns. — Additional wording added by Finance and County Administr g 11. Funding for Jails —The state should fully fund �` local or regional jails when a c to the defin results in an increase. 12. FdIA Rules — Frederick County sup � s eri home address, c ion, and o ;, r pei Frederick Coun e expan of Administrate �_ king p and a Administrator a unty At ey take p 14. Election Costs and s — Frederick County supports legislation that would decrease the costs of elections an rimaries to localities and the provision of adequate funding to localities for optical scan and other voting equipment and registrar costs. The County also supports legislation to minimize and /or eliminate split voting precincts. Frederick County supports IeQislation to for the General Assembly to fund 1UU% of the annual salaries of the General Registrars and Electoral Boards. — Additional wording added by Voter Registrar Rick Miller. +„ .,, +,,.., +„ +hn �;.,�a .,f �,-,,, f„n,,..,r.,., ., . - removed by Parks & ReC Clirector Jason Robertson 16. Interest on Tax Refunds — Frederick County supports legislation to eliminate the payment of interest on tax refunds resulting from taxpayer error. 17. Alternative Septic Systern Inspections /Enforcement — Frederick County requests the State provide adequate resources to local health departments to better enable them to track inspections and enforce inspection requirements for alternative septic systems to include additional funding in order to hire sufficient staff to conduct inspections of alternative systems and ensure_ local a ffices are able to impose appropriate penalties for noncompliance. — Additional wording added by staff for clarity. . — Removed by Voter Registrar Ricic Miller. NOTE: The al Assembl a _ lowered the standards in Vireinia for candidates to aualifv for pla `� ton the presidentia lJat for primary elections iust in the last year or two. The standard nt from 10.000 reeiste voter siEnatures. with 400 sienatures coming from each of the 11 � .essional ' tricts to 5.f�� 'enatures with 200 nal CONSENT AGENDA ®� ' " COUNTY of FREDERICK �� 9�0� T�r,¢js Parks and Recreation Department y�.a�enr /,� j` ��38 �� .. -` <- _,�... �� j 5401665 -5678 �' �,�;'�� Fax: s4oi66s -9687 `° E -mail; fc rd @fcva.us 3��K��F� � www.fcprd.net °�� Zw �8z ��° To: Jay Tibbs, Deputy County Administrator for Human Ser ices From: Jason L. Robertson, Director, Parks &Recreation Dept Subject: Parks and Recreation Commission Action Date: August 10, 2016 The Parks and Recreation Commission met on August 9, 2016. Members present were: Patrick Anderson, Randy Carter, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr. and Blaine Dunn {Board of Supervisors' Non - Voting Liaison }. Members absent was: Christopher Fordney Items Requiring Board of Supervisors Action: None Submitted for Board Information Onlv: 1. Public Relations Committee � July 4th Celebration — Mr. Anderson updated the full commission of the Pt�bIic Relations Committee meeting regarding July 4 and a merger with the Middletawn event. 2. Mr. Madagan moved to not accept the Town of Middletown's request to combine our 4th of July events together and to keep both events separate with. a caveat that our Public Relations Committee agrees to meet with Middletown's representative at their request to discuss ways to enhance each; other's events that are acceptable and beneficial to both parties, second by Mr. Sandy, carried unanimously {6 -0 }. Attachments (2) cc: Gary Longerbeam, Chairman Blaine Dunn, Board of Supervisors' Non - Voting Liaison 107 North Kent Street •Winchester, Virginia 2.2601 County of Froderiick 11LLlllllllllllll41 41111 11 1144Li11L11ll111111 1i1W11lIIW1911llI1 11111L11WLW1 1411WIIIIl111111111111i1111W11WU11llWklflllll111gililllllii41Oi1Wb1141[ I1111WI1111WIWIWIWl111411SU1111411111E [111411[! 4 1111 4 111 4 1111 4iifi11111W1111Y111[N411W W WII To: Board of Supervisors From: Becky A. Merriner, HR Director Date: August 12, 2016 Subject: human Resources Committee Report a��` � �� ,�� Oi � ads ° ��c1cG� � �+ f� �� Becky A. Merriner Director of Human Resources (540)665 -5668 Fax: (54D) 665 -5669 bmerriner @fcva.us ,,.,.u...Wy. ..,.�. ........... � ............... �..............,............. ......W..,�......�..,�........� The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:DD a.m. on Friday, August 12, 2D16. All HR Committee members were present. Others present were: Brenda Garton, County Administrator; Kris Tierney, Deputy County Administrator far Community Development; Jay Tibbs, Deputy County Administrator for Human Services; Melissa Rice, VW Program Manager; Lynsey Orndorff, HR Manager; Delsie Jobe, Administrative Services Manager, DSS; Sharon Kibler, Asst. Finance Director; Rod Williams, County Attorney; Gary Lofton, Board of Supervisors; Ashley Hicks, HR Recruiting Specialist; Jackie Jury, CSA Coordinator, and James Whitley, NRADC Superintendent. ** *Items Requiring Board Action * ** 1. HR Policy Revisions; see attachments: a. Section V1, §6.1 Probationary Period Policy. The Committee reviewed the attached policy revision. Upon a motion by Blaine Dunn, seconded by Beth Lewin, the Committee recommended approval of the policy revision; the motion was approved unanimously. b. Section IX, Training &Tuition Assistance Policy. The Committee reviewed the attached policy revision. Upon a motion by Beth Lewin, seconded by Robert Wells, the Committee recommended approval of the policy revision; the motion was approved unanimously. c. Section XVI, §16.2, Part -Time Employment. The Committee reviewed the attached policy revision. Upon a motion by Beth Lewin, seconded by Don Butler, the Committee recommended approval of the policy revision; the motion was approved with one opposed. 2. Request from the Commonwealth's Attorney's OfFice, Victim Witness Program Manager for an additional position allocation; see attachment. Upon a motion by Robert Wells, seconded by Don Butler, the Committee recommended approval of the position; the motion was approved unanimously. 3. Request from the Deputy County Administrator, Children Services Act for an additional position allocation; see attachment. Upon a motion by Don Butler, seconded by Dorrie Greene, the Committee recommended approval of the position; the motion was approved unanimously. ** *Items Not Requiring Action * ** 1. Bonus Ordinance: Discretionary Bonus Guidelines for Frederick County; see attached. The HR Committee will continue the discussion regarding the Bonus Ordinance. 2. The September 9��' HR Committee Meeting has been cancelled. There being no further business, the meeting was adjourned. Respectfully submitted, Human Resources Committee Robert A. Hess, Chairman Robert W. Wells Blaine P. Dunn Don Butler Beth Lewin Dorrie Greene By: 1- �� -...�- Bec A. Me • finer HR Director 107 N Kent Street, Winchester, VA 22601 VI. PiiOBA'FIONAR`Y PER1017 5.1 0 'ective The probationary period shall be regarded as an integral part of the examination process and shall he utilized for closely observing the emp]oyee's work and all other attributes of the employee's performance required to perform the job in an acceptable manner, for securing the most effective adjustment of an employee to his position, for terminating any employee whose performance or other attributes of the employee's performance required to perform in an acceptable manner is not satisfactory, and for counseling and /or disciplining an employee and reviewing the work of such employee following counseling. Employees on disciplinary counseling and /or disciplinary probation are not eligible to apply for any open positions within Frederick County, 6,2 Duration The probation period. shall be six [6] calendar months for County employees and twelve {1�] calendar months for law enforcement, Correctional officers, communications officers, and firefighters /ENT's following an original employment or re- employment with the County, unless pursuant to 6.4 where probation will be extended. Counseling /disciplinary probation shall be such period up to six [6) calendar months as recommended by the Department Head and approved by the County Administrator, to commence after meeting with Department Head and employee. 6.3 Progress Meeting, The 'immediate supervisor /department head may request a progress meeting with the probationary employee at any time, to identify successes and shortcomings. The content of the meeting must be documented in writing and a cagy made available to the employee. Subsequent follow -up may be requested to review the employee's progress toward a satisfactory performance evaluation. 6.4 Probationa Evalua 'on The Department Head shall indicate in writing via the appropriate evaluation form a. Thathe has discussed with the employee the employee's accomplishments, Failures, strengths and weaknesses. b. Whether the employee is performing satisfactory work. c. Whether the employee should be placed on extended probation; ar d. Whether the employee should be dismissed. If at the end of the normal probationary period there is doubt about the employee "s capability or willingness to perform satisfactorily, the probationaryperiodmoy be extended to a maximum of an additional six [6) months, upon recommendation of the immediate supervisor and approval of the Department Head. Updated /Approved: d2/13f2013 IX. T12AIN�N� & TUITION ASSISTANCE POLICY 9.1 T�a,ining Policy Participation in short courses, seminars, conferences, professional certification courses, meetings, etc., coincident with the employee's routine responsibilities will be paid for by the County at 1.00% subject to the availability of funds. With prior approval of the County Administrator or Department Head, in such forms as may be prescribed by the County, employees shall be reimbursed for all their expenses incurred such as meals per diem and mileage as defined in the Finance Department's Policies and Procedures guide for travel. 9.2 Tuition Assistance Palicv Tuition assistance benefits are available to all fulltime employees thathave completed their probationary period with prior approval of the County Administrator. Employees may be reimbursed for the cost of tuition and hooks for courses taken through an accredited college or university and resulting college credits that relate directly to the employee's current job, or be a required core course to complete ajob- related degree. The amount appropriated to the tuition assistance program shall be determined each fiscal year. Reimbursement is subject to the availability of funds. Maximum reimbursement shall not exceed $5,250 in a calendar year. Eligibility for Reimbursement: a. The employee must successfully complete the course in the expected timeframe and receive a Grade "B" or better far graduate or undergraduate course; "Pass" if a Pass /Fail course. b. When the program or class is successful]y completed the employee shall agree to remain employed with the County for a period of not less than 1. year for each 18 hours taken in the graduate program ar from the end date of the last satisfactorily completed undergraduate class. c. Should the employee successfully complete the program or class lout leave the employ of the County prior to completing his period of service as set forth above, the prorated amount of funding for service not rendered shall be repaid to the County. With the approval of the County Administrator, the employee may be advanced the costs of tuition and books for approved courses, based upon written documentation by the Department Head and the employee that a financial hardship exists, Documentation shall include a written request for prepaid assistancc by the employee and written approval by the Department Head. Casts to be incurred shall beset forth in full. The County Administrator shall review the request, and upon approval, shall require execution of a contract between the employee and the County whereby the employee will agree to reimburse the County, either through payroll deduction or surrender of sufficient accrued annual leave, the total cost of the prepaid assistance should the class not be completed with the required grade or better. In either case, the funds shall be reimbursed within ninety (90) days of the completion of the course. 9.3 In- Service Training The County Administrator shall be responsible for the organization, conduct and executio�� of any other optional or mandatory training program which might be of value to County employees. [lpdtrted /Approved: lI,2f13fZ1i13 XVI. E1VIPf.QYMEIVT CLASSlIF1CATI�AfS 16.1 Full Time Employment Full time employment is defined as employment of any person who, in consideration of wages or salary, performs a service for the benefit and under the control of the County and whose position is authorized as full -time by the Board of Supervisors. Full time employment comprises a regularly scheduled workweek of at least 37.5 hours. Full time positions provide health and welfare benefits. 1b.2 Part Time Em to ent Part time employment is defined as employment of any person who is not in a position authorized as a full time position by the Board of Supervisors and works less than 37.5 hours per week. . The County has established three categories of part time ernpIoyment: 1. Regular Part Time- This type of part time employment is comprised of a workweek that averages 30 to less than 37.5 hours per week. Employees classified as regular part time will be entitled to personal leave at a rate of sip [6) hours per month and maybe entitled to healthcare benefits per the Affordable Care Act and /or other federal ar state regulations. hours worked will be measured during the period of May lst -April 3Q� of each year. Personal leave may not be used until it is earned. Personal leave hours must be used within the calendar year they are earned and will not be transferred to the subsequent year. Persona] leave hours will be used only upon approval of the supervisor. 17pan separation of employment, any unused personal leave hours will be paid out at the employee's hourly rate of pay at the time of separation. 2. Restricted Part Time- This type of part time employment is comprised of a workweek that averages Less than 30 hours per week. Employees who retire from Frederick County and return to work on a parttime basis will be eligible only for restricted part time employment. 3. Seasonal Fart Time- This type of employment is intermittent in nature, irregular and infrequent, or based upon required work that is seasonal in nature. It generally has a specific and /or projected timeframe. lJpdcrted /Approved: X1/08/2014 Depa Job 1 Beast ent: 4�� . County of Frederick �, � Human Resources Department � Hiring Authorization Form ale: `�� F ..��'� �n' � ' � � � i'" t �r�'1 Who . . Budg 'ted Salary: $ � �' ��' � Line Item: Woul you recommend for internal posting only? j� YES j��10 Tf Yes '� Why ?• Dept tread Signature: ,�. pate, ��r�l,�Zv /� Submit this form to HR with current job description attached. HR Se ionY " �- � Recei ; ed: �� C��C`CCL� d� - � �� i �� Appr© GIs Required: HR Di Victor Signature: Date: Coun � Administrator Signature: Date. Recrui inent: Date hosted: Interview Date: Date position �}ffered Nam of New Hire; Start date: Salary: �- . - .. Number of Employees Supervised: Number of Subordinate Supervisors Reporting to ]ob: a a -c- " a e i - Position Title: Victim /Witness Program Office Assistant Date Position Created; Department: Victim /Witness Reports To: Victim /Witness Director ❑ Exempt ❑Nun- Exempt Date Prepared: Prepared By: Range: 3 Salary: $29,500- $47,100 G/L Line Item: 002 -000 -1001- 2202 -10 __ - - - ]ob Purpose: Responsible for assisting victim /witness Coordinator and Assistant Coordinator in administering the Victim /Witness program to include direct services and clerical support. Position receives general supervision. ��1 l,'��.e� ��T��`; • Provides written materials to victims and witnesses which explain how to obtain services; + Assists victims in completing victim's compensation applications; • Maintains a system to assist victims in minimizing unnecessary trips to court; • Provides victims with information and assistance to facilitate the judicial process; • Provides accompaniment to court; • Assists victims in completing various farms and requests; • Assists victims in seeking restitution by providing information; • Coordinates direct services to crime victims; • Performs administrative and clerical functions. �, e Education• Experience: Some knowledge of the state and local criminal justice system; Some knowledge of case management; Ability to assist clients by providing information, to perform complex clerical tasks, to work effectively with people, Ability to maintain confidentiality of information and security of records; ability to follow cam lex rocedures. Knowledge /Skills: Skills in communicating clearly in both oral and written form. Skill and ability to use a personal computer, spec[fically with word processing and Windows '95 software. SPECIAL REQUIREMENTS A valid Commonwealth of Virginia driver`s license may be required. e _� _.- ri -.�_:, Physical Demands: Some office work but mostly working with people. Meeting people in their homes, transporting them to meetings and court. Regular contact with victims, daily contact with Sheriff's Office and Commonwealth's Attorney staff, occasional contact with members of other agencies. Communications will often be difficult and stressful for victims and witnesses. �- . - .. Number of Employees Supervised: Number of Subordinate Supervisors Reporting to ]ob: ..�� bll�3 Department Director: Date: HR Director: Date: Finance Director: Date: County Administrator: Date; Board of Supervisors Approval: Date: COUNTY of FREDERICK lay E. Tibbs Deputy County Administratar far Harnett Services TO: Human Resources Committee 5401665 -53$2 Fax: 540/667 -0370 FROM: Jay E. Tibbs., Deputy County Administrator for Human Services�� E -�� Jtrbbs @fcva.us DATE: August Z 1, 201 G RE: Request for FuIl -Time Position This is a request to modify the current part -fume CSA Assistant position into afull -time CSA Account Specialist. The current part -time position will become vacant at the end of the month and in conversations with the CSA Coordinator and the CSA Assistant, the responsibilities and workload for this position have grown such that it no longer lends itself to being apart -time position and it has evolved into more complex adrninistrativa tasks, which require a more defined skill set. A job description is attached for your reference. By wap of background, the part -dme position was originally created to assist the CSA Coordinator by providing primarily financial responsibilities to include generating and monitoring purchase orders, vendor contracts, paying vendox invoices, completing case actions, maintaining CSA client files, completing co- payment assessments, and performing clerical duties. Since the position's creation we have increased the hours to 2$ hours per week. Over the same time period, the population served by CSA has increased nearly 40 %, The maintenance of the necessary contracts and requirements of the contracting process have grown as well. As the population in Frederick County grows, the number of youth and families being served by the CSA office will follow suit. Based on information from prior pears, it appears that these trends will continue. In addition, Corritnonwealth of Virginia rrrandates also continue to change and increase. As a result, CSA office requirements and responsibilities will continue to become more complex and add to the current workload. It is anticipated that this position, should it be made full -time, will., in addition to existing duties, take on the responsibilities of maintaining the Family Assessment and Planning Teatxr agenda and schedule, completing the Community Policy Management 'Team. agenda and basic forms, maintaining client information in the Thomas Brothers software system, and will have more frequent contact with case managers, vendors, and other agencies. It should be noted that we are seeping approval to create the full -time position not to create and then fund. The department has the money to fund this position. and na appropriation or additional dollars are required. We appreciate your consideration of this request. Should you have any questions, please do not hesitate to contact me or Jackie Jury, CSA Coordinator. Attachment 107 North Kent Street •Winchester, Virginia 22b01 �K County of Frederick `rt � Human Resources Department Hiring Authorization Form Department: County Administrator's Office Job Title: CSA Account Specialist Reason: New Position Who?: Budgeted Salary: $ 0.00 Line Item: 4018- 53020 - 1001- 000 -oaz Would you recommend for internal posting only? � YES �✓ NO If Yes, Why ?: � T � � �� ig[blly signed by ]ay,E�. 71bbs Dept Head Signature. J I E7N:cn= 7ayE.7lbbs,o =County of Frederick, WA,ou= Cnunty pate. �8/i1/16 Administration, err�aii —' bbs�icva,us, c =US i]ate: 2016.0 &11 13:1827 ,D9.4P' Submit this form to HR with current job description attached. HR Section: Received: ' i � � � � � y � �'�. � � J 1 �� 1 � �� Appro►►afs Required: HR Director Signature: County Administrator Signature: Recruitment: Date Posted: Date Position Offered: Name of New Hire: Interview Date: Start Date: Salary: Date: Date: Discretionary Bonus Guidelines for Frederick County A discretionary bonus may be given to any county employee (full -time ar part -time} as a special and immediate recognition and reward for exceptional performance, significant contributions, and substantial accomplishments well beyond normal or regular work responsibilities. To ensure compliance, equity, and consistency when awarding a discretionary bonus, Department Heads shall submit appropriate documentation in writing to a review panel consisting of the Director of HR, Deputy County Administrator for Community Development, Deputy County Administrator for Human Services, and the County Administrator. The Board of Supervisors reviews and has final approval of discretionary bonuses for county officers and the County Administrator. The taxable discretionary bonus amount, based on the availability of funds, shall be between $25.00 and $5,000.00, A discretionary bonus does not increase the base salary nor serve as a means to give a larger annual increase. This bonus is given at the discretion of management. Discretionary payments do not affect overtime pay of nonexempt employees. There is no guarantee or promise to pay a staff member a discretionary bonus. Examples of situations where a discretionary bonus may be given include significant contribution andlor substantial accomplishment associated with: • Major projecfs or initiatives (e.g., system implementation, new program implementation); • Significant cost saving or cast avoidance realized beyond normally expected or established standards; • Extraordinary effort during times of critical department need (e.g., meeting critical deadline that could otherwise have an adverse impact on critical business operations or major project); • Contribution that clearly and significantly impacts the accomplishment of important and critical business operational goals, deliverables andlor timeline; or • Significant health and safety contribution provided to the public or county employees. A discrefionary bonus is not appropriate for: • Uutstanding or excellent performance of ongoing, normal or regular jab duties and responsibilities as well as achievements that may be reasonably expected from a staff member as these should be recognized as part of the annual performance and salary review process; • Staff effort or work time that has no significant impact on a major project or initiative, or critical business need; • Recognizing a staff member's long -term service, loyalty or commitment or • Accomplishment of personal and career goals, skills and competencies, professional degree, certification, and registration. COUNTY of FREDERICK, VIRG -INIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstone Drive, Winchester, VA 22602 MEMORANDUM LeeAnna Pyles ��,�2?,�4252��? Director, � �,� Public Safety TO: Board of Supervisors ��y� _ _ �c9 Communications FROM: LeeAnna Pyles, �; Director Public Safety Communications � _ ;�rY_ 1 SUBJECT: Public Safety Committee Meeting. �'�� '�� Report for August 18, 2016 � t C � � � 81- DATE: August 25, 2016 A meeting of the Public Safety Cornrnittee was held on Thursday August 18, 2016 at 8:30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Blaine Dunn, Chuck Torpy, and Helen Lake. Also in attendance were County Attorney Rod Williams, Fire &Rescue Chief Denny Linaburg, Major Steve Hawkins, Communications Director LeeAnna Pyles, Deputy County Administrator for Human Services Jay Tibbs, Deputy Fire Chief Larry Oliver, Fire Marshal Jay Bauserman, Revenue Recovery Manager Chrissy Bauserman, Chief Chester Lauck and Assistant County Attorney Erin Swisshelm. The fallowing items were discussed: ** *Item Requiring Board Action * ** 1. Review of Public Safety Committee Charter (See Attached): The Public Safety Committee unanimously recommended the verbiage under IIIllleetin�s: be changed to read: "The Committee shall meet bi- monthly or mare or less,frequently as circumstances dictate. " *XxDiscussion Items * ** 2. Fee for Service contract and MOU review (see attached): Revenue Recovery Manager Chrissy Bauserman informed the Committee that the fee for service program has been running smoothly and they have been getting very positive feedback from citizens. Chairman Fisher and the Committee, commended the department and staff on an outstanding effort in handling and running the fee for service program and making it very Director (540) 665 -6356 Fax (540) 72.3 -8848 positive and successfizl, Helen Lake recommended a press release be done to draw attention to the success of the progra�nn and those involved. Chairman Fisher requested Jay Tibbs to meet the County's PIO to work an this release. It was also recommended that Mr. Lofton, Chief Lauck, Chief Limburg and Ms. Lake meet to review the current MOU and bring changes, if any, back to the committee at its next meeting. 3. Pro osed ordinance re ardin the clearin of fire h dran #s in inclement weather: Supervisor Durm brought up the issue of clearing fire hydrants during inclement weather and who bears the responsibility. Fire Marshal Jay Bauserman read the sections from the Fire Code that addresses this issue and mentioned that laws are also in place for blocking /obstructing of hydrants, It was discussed that the City has "antenna rods" on top of their hydrants to help locate them during large snowstorms. The Committee made a motion for a PR campaign to run before and during snowy conditions to remind citizens to clear the hydrants, shovel sideways, etc. in their areas as it is a public safety concern. The Committee also asked staff to look into the "antenna rod" idea. Funding could possibly be obtained through a grant. Further information will be brought back at the next meeting. 4. Other Business: Major Hawkins advised the Committee that in July the Sheriff's Department underwent an audit and has become accredited for 4 more years. Chief' Lauck mentioned that Chief Limburg has recently been appointed to sit on the board of the State Fire Service Board. Next Meeting: Date to be set for October 20, 2016 at 8 :30 a.m. Adjourn: The meeting was adjourned at 9 ;40 a.m. Respectfully submitted, Public Safety Committee Gene Fisher Gary Lofton Brenda Garton Ann B. Lloyd Sheriff Lenny Millholland Rod Williams Denny Limburg Dan Cunningham BY i LeeAnn Pyles, Directo Pu lic Safety Corrimuuications LP /sds Chuck Torpy Walt Cunningham Blaine Dunn Helen Lake Frederick County Board of Supervisor's Public Safe Committee Charter I. Or�anizatian There shall be a committee of the Board of Supervisors ( "Board ") of Frederick County, Virginia "County ") known as the Public Committee ( "Committee " }. The Committee shall be comprised afthree (3 }members of the Board of Supervisors who will be appointed by the Chairman of the Board, with one appointed as Chair, and three {3) citizen members as appointed by the Chairman of the Board. Non - voting liaisons to the committee include: President of the Frederick County Fire &Rescue Association; Sheriff; Fire Chief; Director of Emergency Communications; County Administrator; County Attorney; CommanweaIth's Attorney; and liaisons from the Winchester - Frederick General District Court and Winchester - Frederick Juvenile &Domestic Relations Court. This Charter shall govern the Committee with regard to its duties and responsibilities. II. Purpose The primary function of the Committee is to assist the Board in dealing with matters related to law enforcement and the criminal justice system of the county, court functions, fire and rescue functions, 91 I service, the emergency communications center, and other related issues. The Committee will primarily fulfill these responsibilities by carrying out the activities enumerated in Section IV of this Charter. III. Meetings The Committee shall meet twelve {12) times annually or mare or less frequently as circumstances dictate. The Chairman of the Board, the Chairman of the Committee, or a maj ority of the Committee members may call or cancel meetings of the Committee. The Chairman. of the Committee shall prepare or approve an agenda in advance of each meeting. Department heads or department representatives with items to be considered by the Committee shall be invited to the rneelhlgs. Other officials may be invited as necessary. IV. Responsibilities The Committee shall have the following duties and responsibilities: 1. Review and advise the Board of Supervisors with respect public safety and lava° enforcement initiatives. �. Prepare minutes of all meetings of t17e Committee, and report to the Board on the matters discussed at each Committee meeting, as appropriate. 3. Forward all reearnmendation to the Board of Supervisors far final approval. 4. Review and reassess annually the adequacy of this Charter, and conduct an annual self assessment of this Committee's performance. 5. 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. AGREEMEI�IT BETWEEI�i COi]NTY Uh' FREDERICK, VIRGINIA AND ADVAIV`CED DATA PRQCESSING, INC., A SUBSIDIARY OF INTERMEDIX CORPORATION I{OIt AMBULANCE BILLING AND RELATED PRO�SSIONAL SERVICES THIS t4GREElvIEiVT { "Agz-eetnetat ") is made and entered into #his 22"� day of April, 20l 6 the "Effective Date °`) by and between the County of Frederick, Virginia, a politico] subdivision of Virginia, with principal offiices located at 10'i North Kent Street, 3`� Floor, Winchester, Virginia 2260i( "Client "} and Adva�xced Data Processing, Inc., a subsidiary of Interrnedix Corporation, a Delaware Corporation with principal offrces located at 6451 I�larth Federal Highway, Suite 1000, Fort Lauderdale, Florida 33308 {Advanced Data Processing, Inc, is referred to herein as "Inte�medi�c "). RECITALS' WHEREAS, Client provides emergency and non - emergency rriedical services, including an�h�alance transport { "EMS "), far residents and visitors in its jurisdiction, and charges for such services; and WHEREAS, lntermedix provides billing, collection and related consulting services and equipment for municipalities and other providers of EMS; and WHEREAS, the parties hereto now wish to enter rota an agreement, pursezant to whiel� Intertnedix will reader the Services as hereinafter provided; NOW THEREFQRE, the parties hereto agree as follows; AGREEMENT I� ENGAGEMENT OF INTERMEDIX. During the Term of this Agreement, except for accounts referred to a collection agency as provided herein, Intennedix shall be exclusively responsible far the billing and "collection of all charges and fees resulting from the delivery of EMS by Client, including but not limited to all c]Zarges and fees to private insurers, Medicare, Medicaid, Other governmental programs,. individual. patients and their responsible Irarties (collectively, "payers " }. �. SCOPE OF SERVICES. In #ennedix shall perform and carry out Services as specifically described in Exhibit A (the "Scope of Services "; collectively the Scope of Services and the Billing Service (as defined in Section 3,OI) are the "Services "), which is attached hereto and incorporated herein by this reference. Client reserves the right to request changes in the Scope of Services within Itatenx�edix's capabilities, which changes shall be implemented upon mutual written agreetr�ent of tl�e parties specifying such elianges and any change in coinpensatian attributable thereto. 3. ACCESS TEI BILLING SYS'I`ENl 3,01 lei t to Use.. During the Term of this Agreement, Interinedix grants to Clieinf, access to lnterrnedix billing system solely to view Client's accounts, run various reports, alnd access to all data associated with the billing and collection process which is wholly owned by Client ( "Billing Service "'), wring tl�e Tenn of this Agreement, Intermedix will not in any way transfer to any third party ar use iln direct or indirect calnpetitioln with Client any iriforlxiatioln or data pasted by or far the benefit of Client on Intermedix's website and acknowledges that all such information is confidelntial ( "Confidential lnfonnatiola "), Intermedix further acknowledges that its handling of ixiformation on behalf of Cli41it is or niay be subject to federal, state or local laws, rules, regulation a13d restrictions regarding the privacy of conswner information. interrnedix agrees to comply with all of such laws, rules and regulations grid restrictialas, as 15 commercially reasonably po5slble, at its sale cast and expense. This Access to Billing System. Section and all obligations contained therein will survive any termination or expiration of this Agreement. 3.02 User Restrictions. Client shall not, and shall rnot permit others to, without the express written consent of Intermedix: (ij use, receive, reproduce, copy, rriarket, sell, diSh-ibute, license, sublicense, lease, timeshare, yr re�lt tine Billing Service, any other Service or any colnpanent thereof, (ii) modify, alter, translate or prepare derivative works based on the Billing Service or Documentation is permitted; {iii) disassemble, decompile, decrypt or reverse engineer the Billing Service or in any way attempt to discover ar reproduce source code for the filling Service, ar any portion tllereaf; ar (iv) develop or license any third party progratns, applications, tools or other products whickl interface or interact with the Billing Service, Client agrees not to remove the copyright, trade secret or other proprietary protection legends or notices wlvch appear an or in the Billing Service, any ofiher Service or the Documentation, 3.43 Internet Access. Client shall be responsible fox providing its own Internet access necessary to provide th.e Billing Service, and irl xro event shall Client he provided with direct access (by modem or otherwise) to the Billilxg Service server, oilier tlnaia access that is available to third parties geinerally through the Ilrternet. The parties acknowledge that, since the Internet is xleither owned. nor controlled by any one entity, Interinedix makes na guarantee that any given user will be able to access the Billing Services at any given time. There are no assurances that access will be available at all times and uninterrupted, and Intermedix s1aall not be liable to Client for its inability to access the Billing Service. 3.04 Reporting. Operational and financial data reports for Client will be available on the Billing Services when the Billing Service is available. The format and content of the data will be establiskied and defined by Intenriedix alad such reports may be added, Inadified or deleted without notice to Client. Notwithstanding the foregoing, Client lnay request that specific, custom reports be made available to it at aln additiarial charge to be negotiated between Intermedix and Client. 3.05 Acknowled elnent with R ect to Re orts. With respect #o each report generated for Client as part of the Billing Service, Client acknowledges and agrees: (i) such report represents a "snapshot" of a moment in time, and as such, the snapshot relay not be acctir-ate with respect to finar►cia] results on the whole-, (ii) the mxderlyilig data Inay be subject to con•ection fiam time -ta -time, which nay change the results of the report ar its interpretation; and (iii) the data represented in the report constitutes only a limited portion of all data available regarding Client's business. Accordingly, any pai�icular report may not accurately represent the Client's then- current or future financial condition. 3.0� Tnteliectual Property. Client agrees that the equipment, computer hardware and software, billing and collection processing, Services, Billing Service and other related systems and equipzr�ent are the property and trade secrets of Interinedix, and that Client will not release any infoi•�nation regardi�ig such Con%dential Information (as such teen is de�€ned in Section 11.01) andfar trade secrets of Intennedix to any third party without the prior written consent of lntermedix. Client further agrees that, in connection with the use of certain data entry devices, Client may gain access to the intellectual property of Hurd parties. Client understands and agrees that it may be required to enter into agreements with respect to such intellectual property in order to use such equipment. Client agrees to enter �nta such arrangements at Intermedix's request. 3.07 Audit Rights. f'rarr� dine to time and upon reasonable prior written nakice, Interfnedix may audit Client's use of the Services to help ensure that Client is in compliance with the terms and conditions of this Agreement, including, but not limited to, any payment tern�,s. Any such audit will be conducted during regular business hours at the applicable facilities of Client. Client will identify and cooperate with Intennedix (or its representatives} to provide Intennedix {or its representatives} with reasonable access to all relevant equipment, personnel anal rcc:arcls. 4. CLIENT RES]PbNSIBILIIT"�. 4.01 Generall .Client is responsible for all activity occurring u�3der its User accounts and shall abide by all applicable laws and regulations in connection with its use of the Billing Service. Client will iiruxaediately {and in no event greater than twenty four (Z4) hours from Client's knowledge of the fallowing} notify Intermedix and use best efforts to cease any further of the followitag: (i} any unauthorized use a�' a password or account ar any other known or suspected breach of security; {ii} any copying err distribution of any content or other intellectual property of lnterrnedix related to the Services that is known or suspected by Client or its Users; (iii) any use of false identity information to gain access to or use the Billing Service or (iv) any loss ar theft of a hardware device an which a User has access to the Billing Service {each of subsections (i) through (iv) a "Security Breach Event " }. To the exten# that any Security Breach Event involves Protected Health Information (as defined below), and is sub,�ect to the Health Insurance Portability and Accountability Act of I996 (Pub. L. Na, 104 -191, 1 i0 Stat. I93b), including the privacy and security rules promulgated thereunder ( "HIPAA "), as amended by the Health Informs #ion Technology for Clinical Health Act {Pub, L, Na, 111 -5, 1�,3 Stat. 11�) (the "HITECH ,Act "), Client shall comply with all applicable requirements under such laws, including any applicable breach notification requirements {i.e. notifications to affected individuals, the Department of Health and Hurr►an Services ( "HHS "), and prominent media outlets) (the "I -IIPAA Notifications ") triggered by the Security Breach Event. "Protected Health lnformatican" means Individually Identifiable Health Information (defined at 45 C.F.R. � lti0.103), transynitted or maintained in any form or medium., concerning individuals for whom the Client has performed EMS, 4.02 Rigi►ts .I~Ullawing Natificati�n. Upon lnterznedix's receipt of notification given by the Client of a Security Breach Eveylt, Interinedix shall have the right to azxirnediately, without notice to Cliezit, suspend Client's access to the Billing Service u�ttil such tune as the Security Breach Event lies been fully resolved, and no lor►ger presents a threat of inappropriate access ta: {i) the Billing Services, (ia) any other intellectual property rights of Interznedix ar its affiliates or {iii) the personal data or Protected Health Information gathered. by.Client in the performance of EMS by the Client. To the extent that a Security Breach Event requires Client to provide HIPAA Ncztificatioi�s, any such notifications shall not include a reference to lntermedix or az�y of its affiliates unless sueli a reference is specifically required by HIPAA or atlzer applicable iaw. Further, if Client amends to reference Intermedix in a HIPAA Notification based on its belief that such a reference is required by I�IPAA or other applicable law, Client shall provide hztennedax written notice of its intent to do sa no later than ten (l0) days prier to Client's prevision of each required HIPAA Notification (i.e. no later than ten {I(?) days prior to Client's prevision of notifcations to affected individuals, HHS, andlor protxzanent z>kedia outlets, as applicable). 4.03 Securi Clier+t acknowledges that it is solely responsible far providing security software, including without limitation, firewalls anal similar applications, to prevent unauthorized aeca5s to its computer systems, including znalware prevention software on User's computers. Client is responsible for requiring its lJsers to use a password to access the $illirig Services ui compliance with the Billing Security Characteristics. The "Billing Security Characteristics" means a password to access the Billing Services, which must be at least eight (8) characters in lengil7, and contain three (3) of four {aj of the fallowing characteristics; lowercase letter, uppercase letter, special character or a number. Intermeda�c shall use commercially reasonable efforts to maintain the security of the Billing Services, but shall not be responsible for the Client's loss or dasseinanation of passwords or other breaches beyond Intennedix's reasonable control. 5. CDMPENSATIDN AND METHOD DF FAX1V;iENT. 5.01 Fees. lntennedix shall be paid by Client a monthly amount represeiztriig fees far the Services provided by Interrnedix hereunder, computed as follows: [a) Five percent {� %) of all monies collected by Intenxzedix far EMS provided by Client lass refunds ( "Net Collections "), plus (b) all arnounts set forth in arty Exhibit attached hereto. 5,02 Intennedix shall submit the monthly invoices for fees for the Services to: Frederick County Fire az�d Rescue Deparhrzent, 1080 Cove�stone Drive Winchester Virginia 22fi02 ATTN: Christine lyl. Hauserman EMS Billing, Manager. Client shall pay the anzaunt invoiced within thirty (3Q) days of receipt of such invoice. In the event Client disputes any part of the invoiced amounts, such dispute shall be raised in writing to >aatermedix within such thirty (34) day period or the invoice shall canclvsively be deemed to be accurate and correct. Irzterinedix shall respond to any such native of dispute within thirty (3{1) days of receipt thereof Any overdue amounts which are not the subject of a good faith notice of dispute shall accrue interest at the rate of twelve percent (12 °ln) per annum, 5,03 Bank Accouzrts, Client agrees that it will be solely responsible far the cost and maintenance of Client's bank accounts, lack -box and /or remote deposit services. Client, should it elect to participate in any credit card acceptance program, agrees to assume and be responsible far all costs associated with such program. 5.04 Taxes. All amounts payable under this Agreement are exclusive of al] sales, use, value- added, withholding anal other taxes and duties. Client shall promptly pay all taxes and duties assessed izr conziectien whiz any suck arnaurrts, this Agreement and its performance by any authority within or ou #side of the IJ,S., except far taxes payable on Iirtermedix's revenue or net income. 6, CULLECTIUN E)I+'l�'pRTS, b.01 Alterr;ative Collection Arran ements. Iriterniedix will have the right, on Clienf's behalf, in its stile and complete dist:retian, to enter into an alternative collection anrangemei�t with respect to any patient ezrcounter perforrrred by the Client if: (i) the total payments are for at Least 80 percent of khe amount of the bill; (ii} an insurance company offers at least 70% of the total amount billed with a stipulation that the insured trot be billed far the balance; or zzr (...) Intennedix is able to make arrangements for the payment of pa #lent account that provide a substantially similar econQrnic benefit to Client, as Intennedix determines izr i #s sole and complete discretion. 6.02 Sco a of Collection Efforts. If reasonable efforts have been rrrade to collect a patient account of Client ar�d such efforts have not been successful, Intermedix shall have the right to terrrrinate collection efforts and close tl�e account as an unpaid debt. As used herein "reasonable efforts" shall be defined to mean at Least but not limited. to one hundred twenty (120) days of active collection efforts in the ordinary course ❑f business, In addition, Intermedix nnay terminate or suspend eolIection efforts in. the event that Client has supplied. Internredix with materially incomplete or inaccurate billing and /ar patient information. Uzlless the Client specifically directs with respect to any patient encounter, Interznedix shall not forward accounts that it has deezxred to be uncolleetible to a third -party collection agency far further collection effort. 6.03 Administrative FeelTlrird Part Collection Costs. Client will be responsible fox engaging any third panty collection service for uncolleetible accounts after Ir3termedix leas exhausted its collection efforts, Client will be dixectly liable far all fees of third party collection agency. 6.04 Excluded Persazrs. If any refunds of patient accounts of Client are required to be refunded to or offset by any government and cartunercial payar as a result of Client's violation of its obligations set forth in Exhibit A (Scope of Sen�ices }, Section I3.9, (an "Excluded I'er•san Refund "), Interznedix shall not be required to refund to Client any comzrussians or fees eanred err preciously paid to Iraterrnedix as a result of its oallectian of such Excluded Person Refund or otherwise include such Excluded Person Refirnds in its calculation afNet Collections as set forth herein. 7. SYSTEM SUPPORT. Support and training of Client's Users will be provided sui�ject to and in accordance with the terms of the Scope of Services. $. INDEPENIIENT CONTRACTORS. Intennedix is an independent contractor of CIie�Yt and not an employee or agent of Client; rovided, however, to the extent necessary to fulfill its twilling and tallectian efforts under this Agreement, Inter�nedix is authorized to sign irr crrz a�%�ai�aistf ^alive erxpacity for Client the following types of standard fauns and correspondence only; letters trr patients or their represeiYtatives verifying that an account is paid in full; forms verifying the tax - exempt status of Client; and insurance filings and related forms. Intennedix has no authority #o sign any docuineri# that imposes any additiowaal liability on Client. Intcrrnedix shall retain full control over the employment, direction, cownpensation and discharge of all persons assisting in the pet�faz7mance of the Services. Intermedix shall be fully responsible for all matters relating to payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such wnatters. Eac €� party shall be responsible for its own acts and those of its agents and employees during the Te�7n of this Agreement. 9, LIMITATION ON LIABILITY, INTERMEDIX'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE BILLING SERVICES, EQUIPMENT OR OTHER SERVICES DELIVERED I�NDER THIS AGREEMENT WILL BE LIMITED Td THE TOTAL FEES PAID (LESS ANY REFL'AiDS OR CREDITS} BY CLIENT TD INTERMEDIX PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GNIN ,� RISE TO THE LIABILITY. IN NO EVENT WILL INTERIVIEDIX BE LIABLE TO CLIENT UNDER, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT FOR ANY SPECIAL, 1NCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT`, PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT INTERMEDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIDTIS OF LIABILITY ARE A CONDITION AND MATERL4L CONSIDERATION FOR THEIR ENTRY INTO THIS AGREEMENT. 10. INSURANCE. Intennedix shah procure and maintain for the duration of the Agreement,. fhe following insurance coverage: (i) workers' compensation insurance in tornpliance with the applicable state and federal la�uvs; (ii) general liability insurance in au amount no less than $1,OOO,UOD per occurrence; (iii) coverage for business interruption, destruttiora of data processing equipyment and media, Iiabilities affecting accounts receivable, and. valuable documents in an amount no less than $10fl,000 aggregate; and (iv) liability coverage for all vehicles whether owned, Ixired or used in the amount of $5QQ,000. 11. CONFII3ENTIALI'TY AND HIPAA BUSINESS A550CIAT)E CiBLICATIONS. 11.01 Confidential Infot7natian. Each party (the `'Discloser ") nay drselose to the other party (the "Recipient'} certain non - public i :7fonnation, specifically designated as confidential in commpliancc with the requirements of Va, Code § 2.�- 4342(F) or that is tonfwdemtial under HIPAA or the HITECH Act, relating to the Discloser's business, including technical, marketing, financial, personnel, planning, medical retards and other information that is wnarked confidential or which tl�e Recipient should reasonably know to be confidential given tl�e nature of the in#'onna #ion and the circumstance of disclosure ( "Confidential lnfonnatian " }. Confidential Ilformation will not include any infanz�ation: (i} lawfully obtained or created by the Recipient irldeperldently af, and without use of, Discloser's Confidential Infonnatiarl and without breach of any obligation of confidence or violation of HIPAA ar• the HITECH Act; or (ii) that is in or enters the public domain without breach of any obligation of confidence. Client shall be responsible for any breach by any of its Users, employees or agents of any of the confdentiality obligations set forth herein. 11.42 Use and Disclosure. Except as expressly permitted by this Agreement or the: BA Agreement (as applicable} and subject to applicable law, the Recipielt will: (a} not disclose Discloser's CDnfidential IrlfOr7rratiflil except; (i) to the employees or contractors of the Recipient to the extent that they need to luiow that Confrdential lnfor�natiorr for the prxrpase of performing the Recipient's obligations under ibis Agreement, and who are bound by confidentiality terns with respect to that Confidential Information n:o ices restrictive than those contained in this Section I l .fit; ar (ii} as required to be disclosed by law, to the extent required to comply with that legal obligation, provided that the Recipient witl promptly notify the Liscloser of such obligation; (b} use the Discloser's Confidential Information only far the purpose of performing Recipient's obligations under this Agreement; (c} use all reasonable care in handling and securing the Discloser's Confidential Information, and ernpiay all reasonable data security measures that the Recipient ordinarily uses with respect to its awry proprietary information of similar nature and importance; and {d} use and disclose Confidential Iufonnation that contains Pr °otected Health lnfc�nnatiox� in accordance with the terrt�s of the Business Associate Agreement attached hereto as Exhibit B (the "BA Agreement' }, if applicable. 11.03 Return of Confidential Information. Subject to Inter•rnedix's and Client's internal data retention policies and applicable Iaw, the Recipient will return to the Discloser, and destroy or erase all of the Discloser's Confidential lnfor�natian in tangible form, upon the expiration or termination of this Agreement, and the Recipient will promptly certify in writing to the Discloser #hat it has done so. 11.44 HIPAA Business Associate F..,zchibit/Chan es In lF-IIPAA. Each party agrees to the obligations set forth in the ]3A Agreelnezrt attached hereto as Exhibit $ (the "BA Agreement "), Such. BA Agreemenk constitutes the carnpiete and exclusive agreement between the parties with respect to lnterrxiedi.x's obligations regarding Protected Health lrtformatian, superseding and replacing any and all prier agreerrrents, COrnmurllcatlons, representations, and understandings {both written and oral) regarding such subject matter; provided, however, that in the event of any additions, madi�catiorls ar amendments to any statute or regulation including HIPAA ar future federal regulations adapted pursuant thereto, then lntermedix and Client shall promptly enter into rlegotiations to revise the BA Agreement to re#iect such changes. Upon the execution by the parties of a revised BA Agreement (a "Revised BA Agreement "), such Revised �A Agreement will supersede the current BA Agr�;einent in its entirety arld such current BA Agreement will na longer be of any force ar effect. 11.05 I2,i at to Injunctive Relief. The parties expressly acknowledge and agree that the breach, or thueatened breach, by a party of any provision of this Section 1 I Inay cause the other party to be irreparably harmed and that the harmed party may not have an adequate remedy at law. Therefore, the parties agree that upolx such breach, ar threatened breach, the harmed party ►gill be entitled to seek injunctive relief to prevent the other party frolr� colmmencing or continuing any action constituting such breach without having to post a bond or other security and without having to prove the inadequacy of any other available remedies. Nothing in this paragraph will be deemed to limit or abridge any other relnedy available to either party at law or in equity. 1�. NQN- S ®LICI'I'ATIO�N_ For the Tenn of ti�is Agreement and for one (Z) year after its termination, Client or Intemaedix shall not employ ar hire any employee or fornaer employees - who, pursuant to fhis Agreement, has had any contact with employees or represel7tatives of either party or has worked C1I1 Cliez�t'5 accounts, without the prior written consent of Client and Intennedix. 13, ATTACHMENTS. Tkle following named attacl�rlcnts are made an integral part of tlyis Agreement: (a) Scope of Services (Exhibit A attached hereto and n3ade a part hereof); (b) Business Associate Agreement Exhibit B attached hereto a�ad made a part hereof); 1A- TERMZ AND TERMII�IATIQIV. 14.OI Term. This Agreement shall he effective for an initial tIn•ee -(3) year period, colnrrlencing on the Effective Date unless terminated as provided in Section ] 4.02 below (tile "Initial Tenn'''). Following the expiration of the Initial Term, subject to the paym.erlt of all fees due hereunder, this Agreement shall renew for successive, autorrla #icaily renewable one (1) year periods ( "Renewal Terns "; collectively, the Initial Term together wi #h any Reraewa] Terms are the "Tenor " }, unless either party prorTides the other party with written notice of termination ofthis Agreement as provided in Section 14.02 below. All terms and conditions hereof shall remain irI full force and effect during the Tear,. unless this Agreement is amended in a writing executed by each Party hereto, 14.02 Events Tri erin Tern-Iinatian. This Agreement shall be subject to tennilaatiora Under the fallaWin�, cOndrtiOns. (a) Telminatiorl without Cause. Fallowing the period one {1) year from the Effective Date of fhis Agreement, either Client Qr Intenx�edix may terrlinate this Agreement without cause upon six {6) months prior written r°IC�tice to the other party. (b) Termination with Cause. If Intertnedix materially fails to perform any obligation required hereunder, and such default continues far t17:irty (30) calendar days after written notice from +Client specifying the nature and extent of the failure to materially perform such obligation, this Agreement shall tei�ninate upon the expiration of said tliirLy {30) calendar clay period. (c) If Client materially fails to perfoz�i� any obligation required hereunder, and such default continues for thirty (30) calendar days after written notice from Intermedix specifying the nature and extent of the failure to materially perfaz�ni such oblzgatiflz�, this Agreement shall terminate upon the expiration of said thirty (30) calendar day period. (d) Termination Due to Bankruptcy. If Client ar Intermedix; (i) appIy for or consent to the appointment of a petition in baz�icruptcy; (ii) make a general assignment far the beneftt of creditors; (iii) fzle a petition ar answer seeking reorganization or az�•angeznent with creditors; flr (iv) take advantage of any insolvency, or if any order, judgment, ox decree shall be entered by any court of competent jurisdiction an the application of a creditor or othezwise adjudicating either party bankrupk or approving a petition seeking reorganization of either party or appointment of a receiver, trustee or liquidator of either party ar all or a substantial part of its assets (subsections (i) through (iv), each a "Bankruptcy Event "), this Agreement shall terminate autornaticaliy and immediately upon written notice from the other party to the party who has incurred a Bankruptcy lavent. i�.Q3 R.i its Utaan Termination, If this Ageement is terminated far any reason, including, without liznitatian, the breach of dais Agreement by any party, Intennedix shall be entitled to recover when due and payable hereunder, all amounts owed to intermedix hereunder accrued but unpaid as of the date of terzrzinatian. Fallowing tcxcninatian of this Agreement, for a period of ninety {9U} days {tl�e "Transition Period "), interznedix, at its sale discretion and upon written notice to Client of its election to do so, may continue its billing and collection efforts as to thane accounts referred to interznedix prior to the effective date of termination, subject to the terms and conditions of this Agreement, far the fee set forth ixz Section 5 above. At the end of the Transition Period, Interznedix shall return ail records to Client in a comixyercially standard farxxzat on a camznercially standard media as detezanined by Intennedix ire its sole discretion; provided, however, that izitennedix znay keep any copies of records in accordance with applicable law. The expiration or termination of this Agreement, for whatever reason, will not discharge or relieve either party from any abligation which accrued prier to such expiration or termination, will oaf relieve either party that has breached Phis Agreement from liability for damages resulting from such breach and will zzflt destroy or diminish the binding force and effect of any of the provisions of this Agreement that expressly, ar by reasonable implication, come into or continue .iaa effect on or after expiration ar termination hereof. 1S. F ©RCE MAJEL7RE. Except for Client's gbIigation to pay, when due, the fees and compensation owed to Intermedix pursuant to the terms anal conditions of this Agreement, neither Client oar Intermedix shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to a Force Majeure Event {as defined below), #]fe effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Faroe Majeure Event" shall mean azly event which results in the prevention or delay of perfozzYZance by a party of its abligatioa�s under #leis Agreement and which is beyond the reasonable control of the non- perfort33ing party and includes, but is not limited to fare, #load, earthquakes, storms, lightning, natural disaster, epidemic, war, riot, civil disturbance, sabotage, terrorism and governmental actions. The non- perfanning party shall, within a reasonable tune of being prevented or delayed from perfarfnance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable farces preventing continued perfoi733ance of the al�ligations of tl3is Agreement. 16. GOVERNING LAW. T13is Agreement will be governed by and construed in accordance with the laws of the State in wl�icl3 the Client is located, exclusive of its rules g ©ven3ing choice of law and conflict of laws. 17. GENERAL WARRANTIES AND DISCLAIA7ERS, 17.01 Corporate Authority. Each party wan ants that it is a duly organized and validly existing corporation as3d has complete and unrestricted corporate pavver and authority to enter into this Agreement. 17.02 Disclaimer. THE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT ARE Ii�l LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES ©F MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON - INFRINGEMENT, WHICH WARRANTIES ARE HEREBY,,' SPECIFICALLY DISCLAIMED. NQ REPRESENTATIVE OF INTERMEDIX SHALL HAVE THE RIGHT TO MAKE WARRANTIES ON INTERMEDIX'S BEHALF UNLESS THOSE 'WARRANTIES ARE IN WRITING AND EXECUTED SY A DULY AUTHC}RIZED OFFICER OF 1NTERMEDIX. 1$. EXPORT LAWS, Client shall coanply with all then cunent export laws and regulations of the tJ.S. Government and the government of the country in wl3ich Client receives access to tl3e Serviees. 19. ASSIGNMEItiIfi OF AGREEMENT. This Agreement will bind and inure to the benefif of each party's permitted successors and assigns. Neither party shall assig�3 khis Agreement without the express written can.sent of the atl�er party, and such consent shall not be unreasonably withheld. Notwithstanding t13e foregoing sentence, Intermedix nay, upon notice to Client, assign this Agreement to any affiliate or any entity resulting from the sale, combination or transfer of all or substantially all of the assets or capital stack, ar from any other corporate foxrn of reorganization by or of lntennedix. lntern3edix may subcontract any of its obligations under this Agreerr�ent, and may perform thane obligations through personnel empl ©yed by ar under contract with h3termedix. 20. NOTICES, Any notice directed to the pa�•ties' legal rigl3ts and remedies under this Agreement will be provided in writiz►g and will reference this Agreement. SUCH n0 #ICe3 ill be deemed give» if sent by: (i) facsimile, when complete transmission to the recipient is confirmed by the sender's facsimile machine; (ii) postage prepaid registered or certified U.S. fast mail, then five (5) working days after sending; or (iii) coznmereial Courier, then at the time of receipt confirmed by the recipient to the courier on delivery, Ail notice3 t4 a party will lae sent to its address set forth. below, ar to such other address as maybe designated by that party by notice to the other party in accordance with this Section: To Client: Frederick County Fire and Rescue Department 107 North Kent Street, 3r� Floor Winchester, Virginia 22541 Attu: lire Chief Dennis D. Limburg To lntexrrledix: Inte�anedix Corporation 5451 North Federa] I- Iighway, Suite 1000 Fort Lauderdale, Florida 3330$ Attn: Brad Williams, VP and CAO 21. SEVERABILITY, if all ar a pale of a provision. of tivs Agreement is found illegal or unenforceable, it will be enforced to the ntiaximum extelat permissible, and the legality and enforceability of tl�e rennainder of that provision and all other provisions of this Agreement will not be affected. Z2. ENTIRE AGREEMEIIrT. This Agreement, including exhibits, attaalunents and written terms incorporated by reference, is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understazzdings (both written and oral} regarding such subject matter. Pre- printed terms and conditions on or attached to any Client purchase orders or other business forms shall be afno force or effect, even if Intermedix acknowledges or accepts them. 23. A11�iENDME1r1TlWAIVER. This Agreement may be rnodi�ed, or any rights under it waived, only by a written dacurnent executed by both. parties. Any failure of a party to exercise or enforce aray of its righ #s under this Agreement will not act as a waiver of such rights. 2Q. CUNSTItUCTI4N flF AGREEIVIENT. This Agreement Iras been negotiated by the parties and its provisions will not be presumpkively construed for or against tiie other party. The headings and Section titles in this Agreelrleirt are for convenience only, and will not afFeet the construction or interpretation of this Agreement. 25. Nl7 THIRD PARTY BENEFICIARIES. Except as expressly provided in this Agreement, nothing in this Agreement shall confer upon any person other than the parties and their respective successors and assigns, any rights, remedles, obligations or liabilities whatsoever•. 26. COUNTERPARTS. The parties may execute this Agreement iIi one or more counterparts, each of which shall be an original, and whiela together shall constitute one inStrUir]�nt. f S`igra afore page to f ol'1owJ IN WITNESS �'VHERE(7�F, the parties have caused this Agreement to be signed >ay their autl�onized representatives as ol'the Effective Date. ADVANCED BATA PRDCES�IN{G,1NC., A SUBSIDYARY DF INTERIVIEDI� CORPORATION, a DELAWARE CORPORATION Name: Title: CDZJNTY DF FREDERICK, VIRGINIA, A POI�I'iICAIi SUBIiIVISIDN OF VIRGINIA wine: Brerfcla G: Garton Title: Gomrty Administratar l~ xhibit A Scope of Services Base Services and Ohl�gatiat�s: A. Xnter�nedix shall provide revenue cycle management services far Client as deseriired below. vltermedix shall, during the Tenn: 1 � Prepare and submit initial claims and bills far Client promptly upon receipt thereof, and prepare anal submit secondary chinas and bills promptly after identification of the need to submit a secondary claim. 2. Assist Client in identifying necessary documentation in order to process and bill the accounts. 3. Direct payments to a lackbox or ban)G account designated by Client, to whioh Client alone will leave signature authority. �. Pursue appeals of denials, partial det�als and rejections when dee�x�ed appropriate by lntermedix. 5. Respond to and follow up with Payers and respond to messages or inquiries from a Payor. 6. Provide appropriate storage and data back -up for retards pertaining to Client's bills and collections hereunder, accessible to Client at reasonable times. 7. Maintain records of services performed and financial transactions. 8, Meet, as needed, with representatives of Client to discuss results, problems and recamrneyidations. 9. Provide any Clienk- designated collection agency with the data necessary for collection services to be performed when an account is referred to such agency. 10. lntermedix will support Client in filing and maintaining required documentation and agreements with com��only -used Payers (e.g. Medicare, lvledicaid, Ghampus, etc. }, The Provider will maintain responsibility for enrollment, required dacrrrnentation, and agreements with Out of State Payers, such as Out of State Medicaid pragranas, and other payars not commonly billed 11. Provide reasonably necessary training periodically, as requested by Client, to Client's emergency medical personnel regarding the gathering of the necessary informaiion and proper completion of run reports. 12. Utilize up -to -date 1Gnowledge and infvnmatiora with regard to coding requirements and standards, to comply Frith applicable federal, state and local regulations. 13. Pr ©vide a designated liaxsvn for Client, patie�at and other Payor concerns. 1�1. Provide a toll free telepht�ne cumber for patients anal other Payors to be answered as designated by Client. 15. Facilitate proper security of confidential infonz�ation and proper shredding of disposed materials cantaiiiing such information. 1S. Establish arrarageaxaea�ats with hospitals. to vbtainlverify patient insurance and contact information. l 7. ltesparad to any Client, Payor or patient inquiry or questions promptly. 18. Maintain appropriate accounting procedures far reconciling deposits, receivables, billings, patient accounts, adjustments and refunds. 19. Provide reasonable access to Client for requested information in order for Client to perform appropriate and periodic audits. Reasonable notice will be given to Intennedix for any planned audit and vain be conducted during normal business hours of lntermedix, alt at the Client's expense. 2Q. Provide timely reports facilitating required aspects of rnanitoring, evalazstiug, auditing and rnaliaging the Services provided, 21. 1?racess refund requests grad provide Client with dvcuamentation substantiating each refund requested. �2. Assign billing to patient account rauznbers providing cross - reference to Client's assigned transport numbers. 23. Maintain responsibility far obtaining missing yr is ;complete insurance infornation. 24. Provide accurate coding afinedical claims based on infornation provided by Cliezat. 25. 1•[egatiate and arrange modified pa}nraent schedules for individuals unable tv pay Trull amount when billed. 2b. Retain aceour►ts for a rnirairr►urn of twelve (l2} months (unless otherwise specified by mutual agreement) and after twelve (l�) months tuna over accounts for which rao co]Iectian has been made (unless insurance payment is pending} to an agency designated by Client. 27. Permit real -tinge read only electronic look -up access by Client to Intermedix's Billing Service to obtain patient data and billing information, 28, Maintain records in an electronic format that is readily accessible by Client personnel and that meets federal and state requirements far irrau�taining patient medical retards. 24. Create, implement anal comply with a Compliance Plan. consistent with the Cornpliarxce Program Guidance for Third Party Medical Billing Corttpanies b3 FR 70138; (December 1 S, l 998} promulgated by the Office of inspector Gexreral of the Department of kIealth and Hainan B. �G'IreXtt's Respausibifities a�ir1 C�1bilgt�tlarrs: 1. From each person wlio receives EMS from Client ( "Patient "), Client shall use its best efforts to obtain and forward the following infanttatian ( "Patient Information ") to intermedix_ (i) the Patient's full Warne and datc of birth; {ii) the mailing address (including zip code) and telepl�ane number of the Patient ar other party responsible for payment ( "Guarantor " }; (iii} the Patient's social security nurrrber; (iv) the name and address of the Patient's health insurance carrier, name of policylialder or primary covered parley, and arry applicable group and iderrtiflcatiotr numbers; (v) the auto insurance carrier address and /ar agent's Warne and phone number ifan automobile is involved; (vi} the empic�yer's name, address and Workers Compensation insurance information if the incident is work related; (vii} the Patient's Medicare ar Medicaid HIC numbers if applicable; (viii} the Patient's ar other responsible party's signed payment authorization and release of medical authorization form or other` documentation sufficient to comply with applicable signature requirements; (ix) tl�e call times, transporting unit, and crew rneinbers with their certificatian level, i.e. EMT, AEMT, Intermediate, ar Paramedic; {�.} odometer readings or actual loaded miles flown such that loaded miles maybe calculated; (xi) physician certification statements (PCS) far non - emergency transports that are to be billed to Medicare pursuant to CMS regulations; and (xii) any other inforinatian that lntennedix inay reasonably require to bill tl�e Patient or otl�,er Payor, 2, Client represents and warrants that all information provided) to lntennedix shall be accurate and complete. Interinedix sha]I have no obligation to verify the accuracy of such irrfonnatiai�, and Client shall be solely responsible far such accuracy. Client agrees to indemnify and hold lntennedix, its agents, and employees harmless from any acid all liabilities anal costs, vicluding reasonable attorneys' fees, resulting from (a) any inaccurate or misleading information provided to lntennedix that results in the actual or alleged submission of a false ar fraudulent claim ar {b) any other actual or alleged violation oflocal, state or federal laws., including but not limited laws applicable to Medicare, Medicaid or any other public or private Payor or enforcement agency. 3. Client will provide Intennedix with. necessary documents required by third parties to allow for the electronic filing of claims by lntennedix an Client's behalf: 4. Client will provide lntermedix with its approved billing policies aid procedures, including dispatch protocols, fee schedules and collection protocols. Client will be responsible for engaging any Hurd party collection service ft�r uncolIectible accounts after lntennedix has exhausted its collection efforts. S. Client wills timely process refunds identified by lntennedix for account overpayments and provide to lntermedix confirmation, including copies of checks and other materials sen #. 6. Client will provide a lock box or bank accatuit address to Internaedix and will instruct the lock box or bank custodian agency to forward all docu7nei�ts to lnterrnedix for processing. 7. Client will provide Intermedix with daily bank balance reporting capabilities via the bank's designated web site, 8. Client will cooperate with Intermedix h� all matters to ensure proper compliance with laws and regulations. 4. Client represents and warrants that all of its employees, personnel and hldependent contractors involved in the delivery of BMS or otherwise performing services for Client; (i} hold the Iice��sure or certification required to perform such services, (ii) have riot been aanvicted of a criiminal offense related to health care or been Hsted as debarred, excluded or otherwise ineligible for participation in a Federal health care prog�raan a�ad (iii} are not excluded persons listed on any of the following: (a) the Office of the Inspector G'reneral List of Excluded Individuals acid Entities; (b) the Creneral Services Administration's Excluded Parties List; and (c} the Office of Fareig�a Asset Control's Specially Designated Nationals List, It). Client agrees that it will foxward to Internaedix capies of checks, ax other paytnei�t docu�nea�tation requested by Inte�rr�edix relating to the subject matter of this Agreement, within 10 days of the date of receipt of those payments. 11, Client agrees to notify Intennedix in the event that their Eieetronic Patient Care Reporti��g (eI'CR) vendor performs any system upgrades. Irioti� cation may be �r�ade in writing to suppoxt rc Intarmedix.carn. Exhibit )i3 Business Associate Agreement This Business Associate A,greea��ent ( "13A Agreement ") suppleanents acid is made part of tl ;e Underlying Agreement {as defined below). This BA Agreement is entered into between Frederick County Fire and Rescue Department, a Vlxginia municipal corporation { "Covey °ed Entity ") and Advanced Data Processing, Inc., a subsidiary tsf Intermedix Corporation, a Dela��vare Corporation { "Business Associate " }, effective as of the Effective Date of the Underlying Agreement. WHEREAS, Covered Entity and Busiz�ess Associate have entered into, or plan to enter intc,, a separate agreement, entitled Agreement for Ambulance Billing and Related Professional Services, as of the Effective Date, or other documented arrangement (the "Underlying Agreement"), pursuant to which Business Associate �xtay provide services for Covered Entity that require Business Associate to access, create and /or use Protected Health Information ( "PHl ") that is confidential under state and federal law; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed by Covered Entity to Business Associate, or collected or created by Business Associate pursuant to the Underlying Agreement, in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 1[k1 -191 { "HIPAA "), and the regulations promulgated there under, including, without lia�nitation, the regulations codified at 45 CFR farts 160 and 16A� ( "HIPAA Regulations "); the Health Infonnatian; Technology for Economic anal Cluucal Health Act, as incorporated in the American Recovery and Reinvestment Act of 2DD9, and its implementing regulations and guidance issued by the Secretary of t1�e Department of Health and Human Services (the "Secretary ") {the "HITECH Act "); anti other applicable state and federal laws, all as amended from time to tune, including as aineuded by tlae Final Rule issued by the Secretary on .Ianuary I7, 2013 titled "Modifications to the HIPAA Privacy, Security, Enforcement, and $reach Notification Rules under the Health Infar�x�atioz! Technology fqr Economic and Clinical Health Act and file Genetic Information Nondisciiminatian Act; tither Modifications to fhe HIPAA Rules ", and WHEREAS, the HIPAA Regulations require Covered Entity to enter into an agreement u+ith Busit�+ess Associate meeting certain requirements with respect to the Use and Disclosure of PHI, which are met by this BA Ageenlet�t. N'OW, THEREFORE, in consideration of the mutual promises contained herein and tl�e exchange of information pursuant to #his BA Agree�ne�Zt, the parties agree as follows: Definitions. Capitalized teens used herein without defi�vtio�a skull l�.ve the meanings ascribed to them in the HIPAA Regulatiaz�s or the HITECH Act, as applicable, unless otherwise defined herein. Obligations of Business Associate. a. Perixzitted Uses aixd Disclosures, Business Associate shall azxly Use or Disclose PHI far the purposes of {i} perfornxing Business Associate's obligatiaixs under the Underlying Agreement and as pernxitted by this BA Agreement; or (ii) as permitted or Required By Law, or (iii) as otherwise permitted by this BA Agreement. .Business Associate shall oat Use or further Disclose PHi other than as peiniitted or required by this BA Agreement or as Required By Law. Frartlxer, Business Associate shall not Use or Disclose PHI in any rriazxner that would constitute a violation of the HIl'AA Regulations or the HIT>~CH Act if so used by Covered Entity, except that Business Associate may Use PHI {i) far the proper mazxagerxxent and administration of Business Associate; and (ii} to carry put the legal responsibilities of Business Associate. Business Associate may Disclose PIII for tlxe proper management and administration of Business Associate, to carry out its legal responsibilities or for payment purposes as specified in 45 CFR § 164.546(c) {l }and (3), including but not limited to Disclosure to a business associate on behalf of a covered entity or health care provider for payment purposes of such covered entity ar health care provider, with the expectatiorx that such parties will provide reciprocal assistance to Covered Entity, provided that with respect to any such Disclosure eiiher: (i) the Disclosure is Required By Law; ar (ii) far permitted Disclosures when Required By Law, Business Associate shall obtain a written agreement from the person to whom the FHI is to be Disclosed that such person will hold the PHI in confdemce and will not use and further disclose such PHI except as Required By Law and for the purpose {s) for which it was Disclosed by Business Associate to such person, azxd that such person will notify Business Associate of oily instances of which it is aware in whiclx tlxe confidentiality ofthe PHI loos been bzeached. b. Creation and Use of De- Identified Data. Business Associate may de- identify any and all PHI, provided that any process or mechanisrrz used to de-- identify tlxe data meets the requirements of 45 C.F,R I64.514(a } -{b }. Business Associate may use or disclose (and permit otlxers to use ar disclose) such de� identified data on a perpetual unrestricted basis, but in na case shall Business Associate attempt to run ar develop any keys, codes or algorithms that trray be used to re- identify the data. c. A ro riate Safe ards. Business Associate shall implerxxent administrative, physical and, taclxnical safeguards that (i) reasonably and appropriately protect the confidentiality, irxtegrity and availability of electronic PHI tlxat it creates, receives, maintains or transmits an behalf of Covered Entity; and {ii) prevent tlxe Use or Disclosure of PHI other Than as contemplated by the Underlying Agreement and this BA Agreement. d. Corxx Hance with Securi Provisions. Business Associate shall: (i} implement and maintain administrative safeguards as required by 45 CFR § Ifi4.308, physical safeguards as required by 4S CFR § 164.310 and technical safeguards as required by 45 CFR § l G4.312; (u} implerxxent and docuixxent reasonable aixd appropxiate policies and procedures as required by 45 CI�R § 164.316; aixd {iii) be in compliance with all requirements of the HIT)✓CH Act related. to security and applicable as if Business Associate were a "covered entity,'` as such term is defined in HII'AA. e. Compliance with Privacy Provisions. Busitess Associate slxall only Use and Disclose PHI in compliance with each applicable requirement of 45 CFR § 164.5fl4 {e }. Business Associate shall carnply with all requirements of tlxe HITECH Act related to privacy and applicable as if Business Associate were a "covered entity," as such term is defined in HIFAA. To the cxtel�i Business Associate is to carry out one or n ;ore of Covered Entity's obligatiox3(s) under Subpart E of 45 CFR Part 164, BU"aix]esS ASSOeIate Shall Calnply With the Yegtxirelnents of Subpart E that apply to Covered Entity in the performance ofsuch obligations }. f. Duty to Mitigate. Business Associate agrees to mitigate, to the extent practicable and mandated by law, any l7armfuI effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this BA Agreement. g. Encryntion. To facilitate Iusiness Associate's compliance with this BA Agreement and to assure adequate data security, Covered Entity agrees that all PHI provided yr transmitted to Business Associate pursuant to the Underlying Agreement shall be provided or tralzsrnitted in a manner which renders such PHI unusable, unreadable or indecipherable to unauthorised persons, through the use of a technology or methodology specified by the Secretary in the guidance issued under section I39�02(h) {2) of the IIITECH Act, Covered Entity acknowledges that failure to da so could contribute to or permit a Breach requil-ilzg patiezrt notifiaction under the HITECH Act and further agrees that Business Associate shall have no liability for any Bxeach caused by such failure. 3. Reporting. a. Security Incidents and/or Unauthorised Use or Disclosure. Business Associate shall report to Covered Entity a successful Security Incident or any Use and/or Disclosure of PHI , other than as provided far by tivs SA Agreement or permitted by applicable law witluzz a reasonable tune of becoming aware of such Security Incident and /or unauthorised Use or Disclosure (but not later than ten (10) days thereafter), in accordance with the notice provisions set forth herein. Business Associate shall talcs (i) prompt action to cure any such defcienaies as reasonably requested by Covered Entity; and (ii) any actiotz pertaining to such Security Incident and /or unauthorized Use or Disclosure required by applicable federal ax }d state laws and regulations. if such successful Security lncident or unauthorized Use or Disclosure results in a Breach as defined in the HITECH Act, then Covered Entity shall corrzply with the requirements of Section 3.b below. The Parties acknowledge and agree that this Section constitutes notice by Business Associate to Covered El�tity of the ongoing existence and occurrence of atteix�pted but Unsuccessful Security Incidents as defined herein. "Unsuccessful Security Incidents" will include, but not be Iilrxited to, pings and other broadcast attacks an Business Associate's firewall, part scans, unsuccessful log�on attempts, denials of service axzd any combination of the above, so Iol�g as na such incident results ix� unauthorized access, use or disclosure ofPHl. b. Breach of Unsecured PHI. The provisions of this Section 3.b are effective with respect to the Discawexy of a Breach of Unsecured PHI occurring on or after September 23, 2009. With respect to any unauthorised acquisition, access, Use or Disclosure of Covered Entity's PH1 by $Ilsiness Associate, its agents or subcontractors, Business Associate shall (i) investigate such unauthorized. acquisition, access, Use or I�15Closure; (ii) determine wlyether such unauthorized acquisition, access, Use or Disclosure constitutes a reportable Breach under tine HITECH Act; and (iii) document arld retain its findings under clauses (i) and (ii). If Business Associate Discovers that a reportable Breach has occurred, Business Associate shall notify Cowered Entity of such reportable Breach in writing within thirty (30) days of the date Business Associate Discovers such Breach. Business Associate shall be deemed to have discovered a Breach as of the first day that the Breach is either known to Business Associate nr any of its employees, officers or agents, other than the persona who committed the Breach, or by exercising reasonable diligence should have been known to Business Associate ar any of its employees, ofFacers or agents, other than the person who cazaa�aaitted the Breach. To the extent the information is available to Business Associate, Business Associate's tnnitten not+ee shall include the i�afarnaation required by 45 CFR § I G4.41 �(cj• Business Associate shall promptly supplement flee written report with additional infornaatian regarding the Breach as it obtai�as such information. Business Associate shall cooperate with Covered Entity in meeting Caveeed Entity's obligations under the HITECH Act with respect to such Breach. 4. Business Associate's Agents. Ta the extent that Business Associate uses one or mare subcontractors or agents to provide services under the Underlying Agreen�erat, and such subcontractors or agents receive or have access to PHI, Business Associate shall sign an agreement with such subcontractors ar agents containing substan�tially the same provisions as this BA Agreement. Ri�lits of Individuals. a. Access to PHI, Within tern {1{i} days of receipt of a request by Covered Entity, Business Associate shall snake PHI maintained in a Designated Record Set available to Covered Entity ar, as directed by Covered Entity, to an lndividual to enable Covered Entity to fulfill its obligations ender 45 CFR § I64.52�4. Subject to Sectyon S.b below, {i} in the event that any lndividual requests access to PHI directly frair, Business Associate in conxxectio�a with a routine billing inquiry, Business Associate shall directly respond to such request in compliance with 45 CFR § 164.524; and (ii) in the event such request appears to be for a purpose other Haan a routine billing inquiry, Business Associate steal] forward a copy of such request to Covered Entity and shall fully caoperate with Covered Entity in responding to such request. ]n either case, a denial of mess to requested PHI sha11 not be made without the prior written consent of Covered Entity. b. Access to Electronic Health Records. If Business Associate is deemed to use or maintain an Electronic Health, Record on behalf of Covered Entity with respect to PHI, then, to the extent an Individual has the right to request a copy of the PHI maintained in such Electronic Health Record pursuant to 45 CFR § 164.524 and mares such a request to Business Associate, Business Associate shall provide such Individual with a copy of the information contained in such Electronic Health Record in an electronic format and,rf the Individual sa chooses, transmit such copy directly to an entity or person designated 6y tlae Individual. Business Associate xnay charge a fee to the Individual far providing a copy of such information, but such fee inay not exceed Business Associate's labor casts in responding to the request for the copy. The provisions of 45 CF'R � 164.524, including the exceptions to the requirement to provide a copy of PI�I, shall otherwise apply and Business Associate shall comply therewith as if Business Associate were the "covered entity,''' as such terra is defined in HTPAA. At Covered Entity's request, Business Associate shall provide Covered Entity with a copy of an TndividuaI's PHI maintained in an EIectronic I- Iealth Record in an electronic format and in a time and manner designated by Covered Entity in order for Covered Entity to comply with 45 CFR � 164.524, as amended by the HITECH Act. c. Aanendtneait of PHI. Business Associate agrees to mare aany atnendanent(s) to PHI in a Designated Record Set that Covered Entity directs ar agrees to pursuant to 45 CFR 164.526 at tine request of Covered Entity or an Individual, and in the tiarae arad anataner designated by Covered Entity. d. Accounting Rights. Tlus Sectiotn S.d is subject to Section 5.e below, Business Associate shall snake available to Cavered Entity, tan response to a request firom aai Individual, information required for an accoutting of disclosures of PHI with respect tc� the Individual, in accordance with 45 CFR § 164.528, incorporating exceptions to such aecoualtiaag designated under such regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request and shall riot include any disclosures that were made pa7ar to the compliance date of the HIPAA Regulations, Business Associate shall provide such information as is necessary to provide an accounting within ten (1 Q) days of Covered Entity's request. Such accounting anust be provided without cost to the Individual or to Covered. Entity if it is the first accounting requested by an Individual within any twelve (12) month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate ianforans Covered Entity and Covered Entity informs the Individual in advance of the fee, and the Individual is afforded an opportunity to withdraw ar modify the request. Such accounting obligations shall survive termination of this BA Agreement and shall continue as long as Business Associate artaitntains PIiI. e. Accountin of Disclosures of Electronic Health Records. The provisions of this Section 5.e shall be effective on the date specified in the HITECH Act. If Business Associate is deeaned to use or maintain an Electronic Health Record on behalf of Covered Entity, then, in addition to carnplying with the requirements set forth in Section S.d above, Business Associate shall maintain an accounting of any Disclosures made through such Electronic Health Record for Treatment, Payment and Health Care Operations, as applicable. Such accounting shall coanply with the requirements Qf the HITECH Act. Upon request by Covered Entity, Business Associate shall provide such accounting to Covered Entity in the time and manner specified by Covered Entity and in compliance with tine HITECH Act. Alternatively, if Covered Entity responds to an Individual's request for an accounting of Disclosures made through an Electronic Health Record by providing the requesting Individual with a list of all business associates acting on behalf of Covered Entity, then $usiness Associate shall provide such accounting directly to the requesting Individual in the time and manncr specified by the HITECH Act. £ A�-eetneant to Restrict Disclosure. If Covered Entity is required to comply with a restriction on the Disclosure of PHI pursuant to Section l 34fl5 cif the HITECH Aet, then Cavered Entity shall, to the extent necessary to comply with such restriction, provide written notice to Business Associate of the mane of the Individual requesting the restriction and the PHI affected thereby, Business Associate shall, upon receipt of such notification, not Disclose the identif ed PHI to any health plan for the purposes of carrying out Payrnetnt or Health Care Operations, except as othea�wise required by law. Covered Ea�tity shall also notify Business Associate of any ether restriction to the Use or Disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522. 6. Remuneration and Marketin . a. Remuneration for PHI. Tllis Sectloil 6.a shall be effective with respect to exchanges of PHI occurring six (6} months after the date of t}xe proinulgatiall of final regulations implementing the provisions of Section 134175 {d) of the HITECH Act. Qll and after such date, BUSineSS Associate agrees that it shall not, directly flI indirectly, receive remul�e£ati(ln in exchange for any FHI of Covered Entity except as otlle�-wise perin%tted by the HITECH Act. b. Lxmitati.ans O11,U3G rf PHI for 11�Iarketina 1'ur,�oses. Business Associate shall not Use ar Disclose PHI for the purpose of making a communication about a product or service that encourages recipients of the comrnunicatioil to purchase or use the product or service, unless such cominunieatian; (I) complies with #]le requirements of subparagraph (i}, (ii} ar (iii) of paragraph (l} of the definition of marketing contained in 45 CFR � 164.5Q1, and (�} complies wit11 the requirements of subparagraphs (A), (B) or (C} of Section 134tiG(a }(2) of the HITECH Act, and implementing regulations ax guidance that maybe issued or amended from tillle to tirrie. Covered Entity agrees to assist Business Associate izl detennini.ng if the foregoing requirements are met vrith respect to any such marketing camlrlunication. 7, Governmental Access to Records. Business Associate shall make its internal practices, books a11d records relating to the Use and Disclosure of PHI available to the Secretary for purposes of determining Covered Entity's compliance with tl�e H11'AA Regulations and the HITECH Act. Except to the extent prohibited by Iaw, Business Associate agrees to notify Covered Entity of all requests served open Business Associate for infarmatioll or doeuna.entation by or on behalf of the Secretary. Business Associate shall provide to Covered Entity a copy of any PHl that Business Associate provides #a the Secretary concurrently with providing; such PIII to the Secretary. 8. Minimum Necessary. To the extent required by the HITECH Act, Business Associate shall limit its Use, Disclosure or request of FHI to file Limited Data Set or, if deeded, to the lninilnum necessary to accalnplish the intended i.3se, Disclosure or request, respectively. Effective on the date the Secretary issues guidance an what constitutes "minilllum necessary" far purposes of the HIPAA Regulations, Business Associate shall limit its Use, Disclosure or request of PHI to only the minimum necessary as set Earth in such guidance. 9. State Privac�Laws. Business Associate shall comply with state laws to extent that such state privacy laws arc net preempted by HII'AA ar the IiITECH Act. l4. Termillatian. a. Breach by Business Associate. If Covered Entity knows of a pattern of activity ar practice of Business Associate that constitutes a material breach or violation of Business Associate °s obligations under this BA Agreement, then Covered Entity shall promptly notify $usiness Associate. With respect to such breach ar violation, Business Associate shall take reasonable steps to cure such breach or end such violation, if possible. If such steps are either net passible or are unsuccessful, open written notice to $usiness Associate, Covered Entity may ter�nrnate it3 relatipllShlp wath BusillesS A5S4G1atG. b. Breach by Covered Entity. If Business Associate kl�lows of a pattern of activity or practice of Covered Entity that constitutes a material breach ar violatian of Covered Entity's obligations under this BA Agreement, then Business Associate shall promptly notify Covered Entity. With respect to such breach qr violation, Covered Entity shall t�.ke reasonable steps tq cure suela breach or end such violation, if passible. I� such steps are eitlrer not possible or are unsuccessful, upon written notice to Covered Entity, Business Associate may tennitaste its relationship with Covered Entity. c. Effect of Tet-taaination. Upota terminations of this BA Agreen�zertt for any reason, Business Associate shall either return or destroy all FHI, as requested by Covered Entity, that Business Associate or its agents or suhcatrtractors still maintain itY any form, and slnall retain no copies of such PHI. If Covered Entity requests that Business Associate rehartz PHI, such PHI shall be retunaed in a mutually agreed upon format and timefratne. If Business Associate reasonably deterx�ines that return or destnzctiots is not feasible, Business Associate shall continue to extend the protections of this BA Agreetrtent to such PHI, artd lirrnifi further uses and disclosures of such PHI to these purposes that rnal�e the return or destruction of such PHI aaot feasible. if Business Associate is asked to destroy the PHI, Business Associate shall destroy pHI iti a manner that renders the PHI unusable, unreadable or indeciphe�•able to uttauthotized persons as specif ed in the HITECH Act. 11. Asazendtraezat. The patties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that atnendrnent of this BA Agreement may lac required to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to itmplement any new or tnodifted standards or requirements of HIPAA, the HI)?AA Regulations, the HITECH Act and other applicable laws relating to the security car confidentiality of PHI. Upon the request of Covered Entity, Business Associate agrees to promptly enter into negotiation concerning the terms of an amendment to this BA Agreerzaent incorporating any such Ghatage5. I2. No Third Party Beneficiaries. Nothing express oz` implied in this BA Agreement is intended to confer, nor shall anything herein confer, upon any persona other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. Effect on Uzaderlyittg A rg eeznent. In tkze event of az�y conflict between this BA Agreement and tlae Underlying Agreement, the terms ofthis BA A�-eetzZent shall control, 14. Sutviv�l. The provisions of this BA Agreement slsall survive the termination or expiration of rlre Underlying Agreement. 15. Irate rotation. This BA Agreetvenk sha11 be interpreted as broadly as necessary to itmpletnent and comply with HIPAA, tlse HIPAA Regulations and the HITECH Act. 'I"lae parties agree that any azrtbiguity in dais BA Agreement shall be resolved its favor of a meaning #hat complies and is consistent with such laws. 16, Governitl� Law. This BA Agreement shall be construed in accordance with the laws of the State of Florida. I T. Notices. All notices required or pertanitted wader this BA Agreement shall be in writing and sent to the other party as directed below or as otherwise directed by either party, fronal dime to time, by written notice to the other. All such notices shall be deemed validly given upon receipt of such. notice by certified mail, postage prepaid, facsimile transmission, a -mail or personal ar courier delivery: If tc� Covered Entity: Frederick County Fire and Rescue Department IQ7 North I�e�1t Street, 3'� Floor Winchester, Virginia 22G01 Atm: Fire Chief Dennis D. Limburg Teleplloz�e no: (540) 6G5 -5618 Facsimile na, (540) b78 -4739 Email Address: dlinaburfcva.us Tf to Business Associate: Interrnedix Corporation b45 I North Federal Highway, quite 1{}00 Fort Lauderdale, Florida 33308 Attn: Chief Carr�pliance Officer Telephone no: (954) 308 -8740 Facsimile no: (954} 3088725 EXPENSE RECOVERY MElYI�R�iNDL1M ��+' IUNDERSTANDING Parties: As of April 15, 2013, the parties to this Memorandum of Understanding ( "M4U ") are the County of Frederick, Virginia {the "County" },apolitical subdivision of Virginia, acting through its Fire and Rescue Department, the Frederick County Fire &Rescue Association (the "Association " }, an unincorporated association, and the following "Participating Companies ", each of which is a Virginia corporation; Stephens City Volunteer Fire and Rescue Company, Inc_, Middletown Volunteer Fire and Rescue Company, Irrc., Clear Brook Volunteer Fire and Rescue, Inc., Gore Volunteer Fire Carnpany, Round Hill Community Fire and Rescue Company, Inc., Gainesboro Fire Company, lnc., Star Tannery Volunteer Fire Department, Greenwood Volunteer Fire and Rescue Company, Inc., North Mountain Volunteer Fire Company, Inc. and Millwood Station Volunteer Fire and Rescue Company 21, Inc. (each may be referred to individually herein as a "Participating Company"). The following "Non- Participating Companies ", each of which is a Virginia corporation, join this MGU solely far purposes of Sections 1, 4, or 6: Reynolds Store Volunteer Fire and Rescue Company, Inc. (each xnay be referred to individually herein as a "Non- Participating Company " }. As long as a company is a "Non - Participating Company ", its consent shall not be required for amendments to this MOU, other than as to any amendment to Section 1, 4, or 6. The Participating Companes and the Non_. Participating Companies are jointly referred to herein as a "Volunteer Company" or the "Volunteer Camparues ". Z. Purpose: The purpose of this MOU is to set forth the responsibilities ofthe County, the Association, and the Participating Companies for operation of the "Expense Recovery Program" {also referred to herein as the "Program "), under which program the County and the Participating Companies will seek to recover certain of their expenses incurred in providing emergency medical services ( "EMS "). 3. Cnunt�Responsibilities: As part of the shared responsibility fox' the Expense Recovery Program, the County will: A. Pay all costs, including salary and benefits, associated with the utilization of one County employee intended specif cally to provide on -going administrative support for Program, including all costs of any third -party billing services provider and including the cost of consumable equipment and supplies used on EMS calls, with all costs under this Section 3A to be subtracted and paid from the gross revenue collected under the Program, before disbursements are made, pursuant to Section 3D, to the County and to the Participating Companies. B. Maintain the revenue generated from the Program in an account dedicated to expense recovery and separate from any other County revenue, C. Provide a quarterly accounting related specifically to revenues and expenses associated with the Program. D. Distribute to the Participating Companies, no less frequently than quarterly, net revenue received under the Program, based on each individual Participating Company's actual transports, to include 100 °lo afbillable mileage expenses and 50% of the net revenue after billable mileage expenses. E. The County will not increase, reduce, or eliminate funding (to any amount different fraxn what a Parkicipating Company receives) far Non- Participating Companies. 4. Volunteer Company Resgonsibiilities: As part of the shared responsibility for the Expense Recovery Program, the Volunteer Companies will: A, Maintain apparatus in serviceable condition to meet Virginia State Police vehicle inspection requirements and the Virginia Department of Health, office of Emergency Medical Services regulations. B. Have and follow a preventative maintenance program for all fire and rescue apparatus. C. Keep maintenance records on file for all fire and rescue apparatus, to meet federal. and state regulations, and snake such records available for review by the County upon request. D, Adhere to all Standard �4perating C"ruidelines established by the Association as approved by the Chiefs Workgroup. E. Submit au annual Capital Improvement Plan (CIP) to the County as part of the County's an11ua1 CIP process. F. Use the revenue generated from the Program only for purposes of covering; 1. operating expenses; 2. existing debt service, and 3. new debt service (i.e., apparatus), but not far new debt service of bricks and mortar. The Volunteer Companies shall not, however, pledge, as security for any debt, any revenue generated from the Program. G. Submit an annual financial statement to the County for audit by the County's auditor that includes particular items as requested by the County's auditor. H. Not change second, third, due etc. assignments to prevent Participating Companies from responding into first due areas of Non - Participating Companies. I. Complete all incident documentation in a timely fashion, i.e. within 24 hours from t1�e time an Incident is handled. 5. Joint Resuonsabillties of the County and the Participa #ln� Companies: As part of the shared responsibility far the Expense Recovery Frogram, the County and the Participating Companies will: A. Manage the Frograln generally and select a private "third- party" billing agency. B. Pay all costs associated with the utilization of a private "third- party" billing agency, with such costs to be subtracted from the gross revenue collected under the Program, before disbursements axe made to the County and to the Participating Companies, 2 C. Adhere to the practice of "soft billing ", as described in the Expense Recovery Policies as set faith in the Standard Operating Guidelines. G. Association Responsibilities: As part of the shared responsibility for the Expense Recovery Program, the Association will: A. Assist in ensuring compliance with all Standard Operating Guidelines established by the Association as approved by the Chiefs Workgroup. B. In the event amendments to this MOU are to be considered, the Association will act as the coordinator for the Volunteer Companies and as the representative between each Volunteer Company and tlxe County. ?. Amendments A. The County and tl�e Volunteer Companies do not inter}d to modify any items listed in this MOU for a minimuixx of 2 years, but agree that, in the event of unforeseen circtunstaixces, they will proceed in good faith to consider appropriate modification at such sooner time as may be necessary. The parties recognize that this MiOU cannot address every procedural issue that maybe encountered and they state their intention to review this MOU at least once every two years to identify appropriate amendments. This MOU may be amcndcd otxly by a written document signed by all parties hereto. B. Should a Volunteer Company choose to opt in to become a "Participating Company" in the Expense Recovery Program or opt out from being a "Participating Company" in the Expense Recovery Program, it nxay only do so effective at the beginning of a fiscal year (7uly 1), upon 6�Q days advance written notice to tlxe County and the Participating Companies and Non - Participating Companies, Opting in or opting out does not preclude a Volunteer Company from opting in or opting out for a future fiscal year. CK�1� Title Date: ` � � �' �, FREDERICK COUNTY 'VOLUNTEER FIRE &RESCUE ASSOCIATION �/�'�- -� Title: ._ �c�r�Pn � . . 3 I]ate: ��J��' /� STEPHENS CITY VOLUNTEER FIRE AND RESCUE COMPANY,. INCORPORATED Date: � �� ('' MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY, INCORPORATED 1� By: Date: �7 !' � ��3 Title; /' l � ?� �� CLEAR BRC?OK VOLUNTEER FIRE AND RESCUE, INCORP ©RATED %v '� .� ,. Title: /�,�,� c�; c-�- GORE VOLUNTEER FIRE COMPANY I` � • � �..�_ . Title: _�,�e��,e —�.� � "�1�. 0, aP �� - - Date:. � �/� �3 Date: /�f dal,.? ROUND HILL COMMUNITY FIRE AND RESC;IIF COMPANY, INCORPORATED By: ��-� -n- Title: /�!�.i'f��e.,/,�- GAINESBORO FIRE COMPANY, INCORPORATED �� '� r Date: ,�J'�,Z r�13 Date; '7I ,,� �-n't� Title: V '�� STAR. TANNERY VOLUNTEER FIRE DEPARTMENT y Ir r;�► Date: � r" � ��'!� GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY, INCORPORATED By: Date: ! � � 1 "i 2a�� • • - Title: ��' �� !y� NORTH MOUNTAIN VOLUNTEER FIRE COMPANY, INCORPORATED By: �' Date: �� +�� `" �, j . Title: V�t�R.l7'h REYNOLDS STORE VOLUNTEER FIRE AND RESCUE COMPANY, INGORPORATED By: �. � �`� Title• Date:. �- %S - /-� MILLWOOD STATION VOLUNTEER FIRE AND RESCUE COMPANY 2I, INCORPORATED By: �� • Date: �� - J° �� Title: COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665 -5610 Fax: 540/667 -0370 E -mail: cshiffle @fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: September 7, 2016 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, August 17, 2016 at 8:00 a.m. Member Angela Rudolph and non - voting liason C. William Orndoff, Jr. were absent. (�) Items 8, 9, 12, 13, and 14 were approved under consent agenda. 1. The Parks and Recreation Director requests an FY17 General Fund supplemental appropriation in the amount of $13,163. This amount represents a carry forward of unspent FY16 funds for the completion of phase one development at Rose Hill Park. See attached memo, p. 5. The committee recommends approval. 2. The Parks and Recreation Director requests an FY17 General Fund supplemental appropriation in the amount of $4,111.71. This amount represents a carry forward of unspent FY16 funds for the completion of the Sherando Park Master Plan update. See attached memo, p. 6. The committee recommends approval. 3. The NRADC Superintendent requests an FY17 NRADC Fund supplemental appropriation in the amount of $105,475.42. This amount represents the first bond payment for the security system upgrades. See attached memo, p. 7. The committee recommends approval. 4. The Winchester Regional Airport Executive Director requests an FY17 Airport Capital Fund supplemental appropriation in the amount of 54.206.400 and an FY17 General 107 North Kent Street •Winchester, Virginia 22601 1 Finance Committee Report and Recommendations August 17, 2016 Page � 2 Fund supplemental appropriation in the amount of $157,333. These amounts represent the Airport Capital budget for FY17 and the local contribution. The Airport Capital request requires a public hearing. See attached information, p. 8 — 24. The committee recommends approval. 5. The IT Director requests an FY17 General Fund supplemental appropriation in the amount of $108,032. This amount represents a carry forward of unspent FY16 funds for the data center refresh lease. See attached memo, p. 25. The committee recommends approval. 6. The Public Works Director requests an FY17 Landfill Fund supplemental appropriation in the amount of $15,000. This amount represents a carry forward of unspent FY16 funds for chiller repair on the landfill gas treatment skid. See attached memo, p. 26— 27. The committee recommends approval. 7. The Public Works Director requests an FY17 General Fund supplemental appropriation in the amount of $12,560. This amount represents funds for a scanner lease and software. See attached memo, p. 28 - 42. The committee recommends approval. 8. (D) The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $100. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p. 43. 9. ( ©) The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $300. This amount represents a donation to DARE. No local funds required. See attached memo, p. 44. 10. The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $20,000. This amount represents career development funding that was inadvertently omitted from the FY17 budget request. Local funds are required. See attached memo, p. 45. The committee recommends the department transfer within current budget. No action required. 2 Finance Committee Report and Recommendations August 17, 2016 Page � 3 11. The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of 25 000. This amount represents funds to implement an electronic summons system. No local funds required. See attached memo, p. 46. The committee recommends approval. 12. (0) The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $9,750.03. This amount represents an auto claim. No local funds required. See attached memo, p. 47. 13. (D) The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $514.08. This amount represents a carry forward of unspent FY16 Abbott grant funds. See attached memo, p. 48. 14. (Q) The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $31. This amount represents a donation to the K -9 program. No local funds required. See attached memo, p. 49. 15. Per the Finance Committee's request, information on County committee /commission pay is provided for discussion. See attached, p. 50. The committee requests the County Administrator present a recommendation at the September Finance Committee meeting. No action required. 16. Per the Finance Committee's request, the County Transfer Policy is provided for discussion. See attached, p. 51. The committee made no recommendation. No action required. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for July 2017. See attached, p. 52. 3 Finance Committee Report and Recommendations August 17, 2016 Page �4 2. The Transportation Director provides an update on the Russell 150 project spending. See attached, p. 53. Respectfully submitted, Idl►1_1►[y�iIil► I► I��q Judith McCann - Slaughter, Chairman Charles DeHaven Gary Lofto n Bill Ewing v Cheryl B. Shiffler, Finance Director 0 %��7 To: Frederick County rinance Committee From: Jason Robertson, Director of Parks & Recreatio '� Subject: Fisca12016 Carry Forward Date: August 11, 2016 The Parks and Recreation Department is requesting a fisca12016 fund carry forward of $13,163 in line 4- 010 - 0'11030- 8900 - 000000 to fisca1201'1. The $13,163 is needed for the completion of phase 1 development at Rose Hill Park. This will include the completion of the trail, restroom and shelter. 107 North Kent Street 5 inchester, Virginia 22601 '� � ®LTi�T7CY ®f FREDE�I�K �3 Parks and Recreation Department "38� 5401665 -5678 Fax: 5401665 -9687 E -mail: fcprd @fcva.us www.fcprd.net �� To: Frederick County Finance Committee From: Jason Robertson, Director of Parks & Recreatio Subject: Fisca12016 Carry Forward Date: August 11, 2016 The Parks and Recreation Departrent is requesting a fiscal 2016 fund carry forward of $4,111.71 in line 4- 010 - 071030- 3002 - 000 -000 to fiscal 2017. The $4,111.71 is needed for the completion of the Sherando Park Master Plan update. h� �� t o�, b 1�? l k �� -� --� ��1� 107 North Kent Street Winchestez, Virginia 22601 6 �T ®rthwestern l�egi ®nal Adult 1)etenti ®n Center James F. Whitley - Superintendent �c�,5`��'��Glp� 141 Fort Collier Road, Winchester, VA 22603 � (540) 665 -6374 (540) 665 -1615 FAX a To: Cheryl Shiffler, Frederick County Fin, ce Director From: James F. Whitley, Superintendent Date: July 27, 2016 Subject: Fund Balance Transfer Request approval to transfer $105,475.42 from 11000240 -2530, Unreserved Fund Balance, to the following line item: 4- 011092010- 5880 -001 Transfer to Debt Service This request is for the first payment of the 2016 Bond for the Security Systems Upgrade. Final numbers weren't received for the Bond until after the FYI7 budget was approved. Your consideration of this request is most appreciated. "Serving the Crimina�ustice System Since 1991" WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD seRVING THE WINCHESTER, VIRGINIA 22602 TOP OF VIRGINIA (540) 662 -5786 July 18, 2016 Cheryl Shiffler, Finance Director County of Frederick 107 North Kent Street Winchester, Virginia 22601 RE: FY 2017 Capital Budget Request Winchester Regional Airport Authority Dear Ms. Shiffler: Enclosed is the Winchester Regional Airport budget request for the Capital Budget for FY 2017. The Winchester Regional Airport Authority will begin the annual financial audit process for FY 2016 performed by Robinson, Farmer Cox Associates of Charlottesville, Virginia sometime over the next several months. Upon completion of the audit, we will immediately mail the year -end financial statement to your office. The development of the capital budget has been coordinated closely with representatives from the Federal Aviation Administration and the Virginia Department of Aviation for FY 2017 to maximize potential grant funding. This capital budget request for FY 2017 includes projects carried over from FY 2016 which are already under a federal and /or state grant or pending grants. The funding participation and continued support provided by the County of Frederick and the City of Winchester is invaluable and vital to the continued success of Winchester Regional Airport's capital development program. Jurisdictional ongoing contribution and support of the Winchester Regional Airport Authority ensures continued success in acquiring Federal and State funding for large capital improvement projects for development. Should you have any questions or need additional copies, please do not hesitate to contact my office. Sincerely, �G�CY��+ � �""�'� Serena R. Manuel Executive Director Enclosures EC: Mary Blowe, Finance Director City of Winchester w /encl Kris Tierney, Deputy Administrator Frederick County w /encl Eden Freeman, Manager City of Winchester w /encl Winchester Regional Airport Authority BUDGET PROPOSAL City &County Revenue Shares Adjusted Based On Weldon Cooper Center population estimate for 2015 published 1/27/2016 FY 2017 - Budget CAPITAL IMPROVEMENT FUND 85 Original Submission: County of Frederick City of Winchester Counties of Clarke, Shenandoah &Warren 7/18/2016 9 Fund 85 - Capital Budget Request - FY 2017 FY 2017 CAPITAL IMPROVEMENTS FISCAL YEAR BUDGET REQUEST AIRPORT AUTHORITY CAPITAL OUTLAY ACQUIRE LAND Land Acquisition of numerous parcels along Bufflick Road identified on the current Airport Property Map are included in the Airport Twenty -Year Master Plan and is to be acquired fee simple to meet Federal Aviation Administration design standards for Runway 14 Safety Area and for Noise Abatement. Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to own fee simple property within the Primary Surfaces. This requirement is also included in the Code of Virginia 15.2. RUNWAY 14 APPROACH LAND ACQUISITION ENVIRONMENTAL ASSESSMENT: Over the past several years, the Airport Authority has been acquiring land adjacent to the airfield with the goal of securing fee simple ownership of the Runway Protection zone and to secure easement rights to remove and control obstructions to the airport's airspace. GOALS: The original environmental assessment for this action was completed in the early 1990's. Due to Provide a safe, efficient all weather facility to meet current and future demands its age and changes to aviation (the implementation of GPS) the Federal Aviation Administration for air transportation as the community continues with economic development is requiring that the environmental effort be revisited to update based on changes that have occurred since the early 1990s. and growth. Continue development in accordance with the Twenty -Year Master Plan adopted October 2005. NORTH SIDE CONNECTOR - BIDDING &CONSTRUCTION PHASE: This project proposes to design/ construct a new taxiway connector and a short partial parallel taxiway on the northwest side of the airfield. The connector would access the runway at the end of Runway 14 and the parallel taxiway would connect to the proposed furture apron and hangar development area on the northside of the airfield. This project is part of the airport Twenty -Year Master Plan adopted in October 2005. MAINTENANCE ITEMS: This item will provide for the general maintenance of eligible Airport facilities including vegetation, lighting and navigation equipment, pavement upkeep and airfield maintenance. Most maintenance items are funded on a State /Local level on a 80/20 basis. FY 2015 FY 2016 FY 2017 FY 2015 FY 2016 FY 2017 BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET COSTS: REVENUES: Personnel 0 0 0 Other Jurisdictions 39,118 28,652 59,895 Operating 0 0 0 State /Federal 4,950,600 3,495,989 3,989,172 Capital 5,070,000 3,588,459 4,206,400 County Funding 80,282 63,818 157,333 TOTAL 5,070,000 3,588,459 4,206,400 TOTAL 5,070,000 3,588,459 4,206,400 7/18/2016 Fund 85 - Capital Budget Request - FY 2017 FY 2017 - CAPITAL IMPROVEMENT REVENUES Winchester Regional Air ort July 20, 2016 REVENUE SOURCE Description FEDERAL STATE LOCAL TOTAL Acquire Land - Parcel 64 A 69: Robertson 90/8/2 FAA/State /Local 190,800 16,960 4,240 212,000 Acquire Land - Parcel 64B A 33A: Beaver 90/8/2 FAA/State /Local 157,500 14,000 3,500 175,000 Acquire Land - Parcel 64 A 66: 80/8/2 FAA/State /Local 247,500 22,000 5,500 275,000 Nesselrodt, Lawrence Acquire Land - Parcel 64 A 70: Marston 80/8/2 FAA/State /Local 225,000 20,000 5,000 250,000 and Haynes Acquire Land - Parcel 64 A 71: Marston 80/8/2 FAA/State /Local 45,000 4,000 1,000 50,000 and Haynes General Aviation Terminal Building Study 80/20 State /Local 0 52,000 13,000 65,000 North Side Connector - Design Phase 90/8/2 FAA/State /Local 4,860 432 108 5,400 Environmental Assessment - RW 14 g0/8/2 FAA/State /Local 66,600 5,920 1,480 74,000 Obstruction Removal Acquire Land - Parcel 64B A 40: 80/8/2 FAA/State /Local 157,500 14,000 3,500 175,000 Rosenberger Acquire Land - Parcel 64B A 51: Moreland 90/8/2 FAA/State /Local 211,500 18,800 4,700 235,000 North Side Connector - Construction Phase g0/8/2 FAA/State /Local 1,710,000 152,000 38,000 1,900,000 North Side -Gas Main Relocation 90/8/2 FAA/State /Local -ONLY IF FAA FUNDING 360,000 32,000 8,000 400,000 BECOMES AVAILABLE Professional Services - Capital Projects LOCAL ONLY 0 0 100,000 100,000 7/18/2016 610 6 Capital Revenue FY 2017 - CAPITAL IMPROVEMENT REVENUES Winchester Re Tonal Air ort July 20, 2016 REVENUE SOURCE Description FEDERAL STATE LOCAL TOTAL Survey Runway 14/32 Approaches 80/20 State /Local 0 64,000 16,000 80,000 Land Svcs - Runway 14 RPZ & 80/20 BRIDGE LOAN 0 128,000 32,000 160,000 Approaches (BRIDGE LOAN) Refund BRIDGE LOAN (Runway 14 RPZ 90% FAA Funding to reimburse 2017 Bridge Loan 144,000 (115,200) (28,800) 0 & Approaces State Eligible Annual Maintenance g0 /20 State /Local 0 28,000 7,000 35,000 Repairs State Eligible Annual Maintenance g0 /20 State /Local 0 12,000 3,000 15,000 Repairs Total Revenue Breakdown 3,520,260 468,912 217,228 4,206,400 Local Revenue Breakdown Contribution Clarke County City 2,500 Contribution Warren County 157,333 0 Contribution Shenandoah County 5,000 Frederick Co /City of Winchester 209,728 Local Revenue 217.228 County City 75.0% 25.0% 157,333 52,395 County City Population Population Total Population "Population figures based on Weldon Cooper estimates for 2015 published 1 /2712016 82,623 27,515 110,138 FY 2017 Percentages for funding 75.0 °Io 25.0 °Io 7/18/2016 8�d�6 Capital Revenue FY 2017 - CAPITAL IMPROVEMENT EXPENDITURES July 20, 2016 Winchester Re Tonal Air ort Description DETAIL AMOUNT TOTAL AMOUNT Acquire Land - Parcel 64 A 69: Balance forward from FY 2016 $212,000 $212,000 Robertson Acquire Land - Parcel 646 A 33A: Balance forward from FY 2016 $175,000 $175,000 Beaver Acquire Land - Parcel 64 A 66: Balance forward from FY 2016 $275,000 $275,000 Nesselrodt, Lawrence Acquire Land - Parcel 64 A 70: Balance forward from FY 2016 $250,000 $250,000 Marston and Haynes Acquire Land - Parcel 64 A 71: Balance forward from FY 2016 $50,000 $50,000 Marston and Haynes General Aviation Terminal Building Balance forward from FY 2016 $65,000 $65,000 Study North Side Connector - Design Phase Balance forward from FY 2016 $5,400 $5,400 Environmental Assessment - RW 14 Balance forward from FY 2016 $74,000 $74,000 Obstruction Removal Acquire Land - Parcel 646 A 40: Land Ac uisition - Runwa 14 Obstruction Removal q y $175,000 $175,000 Rosenberger Acquire Land - Parcel 64B A 51: Land Acquisition - Bufflick Road $235,000 $235,000 Moreland North Side Connector - Construction North Side Connector - Construction Phase $1,900,000 $1,900,000 Phase North Side -Gas Main Relocation North Side Relocation of Gas Main $400,000 $400,000 Professional Services - Capital Various legal services, independent fee estimates on $100,000 $100,000 Projects Federal projects, etc. 7/18/2016 3�6�6 Capital Expenditures FY 2017 - CAPITAL IMPROVEMENT EXPENDITURES July 20, 2016 Winchester Re Tonal Air ort Description DETAIL AMOUNT TOTAL AMOUNT Survey Runway 14/32 Approaches Obstruction survey $80,000 $80,000 Land Svcs - Runway 14 RPZ & Land Acquistion - Runway 14 RPZ Fee Simple and $160,000 $160,000 Approaches (BRIDGE LOAN) Easements for Obstruction Removal Refund BRIDGE LOAN (Runway 14 Reimbursement to State &Local upon receipt of FAA funds $0 $0 RPZ & Approaces for land acquistion services Runway 14 RPZ State Eligible Annual Maintenance General Repairs $35,000 $35,000 Repairs State Eligible Annual Maintenance Repairs F &Ere airs, li htin su lies, etc p 9 9 pp $15,000 $15,000 TOTAL $4,206,400 $4,206,400 7/18/2016 4�q�6 Capital Expenditures AIRPORT LAYOUT PLAN & PROJECT DIAGRAMS 15 �?� �� • � liar- .p;��,� N.,oaYe, . \ 1 F I i 1 � " . /� ��rw. � ram —a��.�/ 1 1 � t _ � . *•=!' r "_ � `1 I J� in` i ` //\i i t t i � /'/ /'I / /,F ".^ � 4 `'\ -' _ Y �� i ° .. ^ate -�,, 11 / 1/I 11 ��d�1Jq ` 1� `� � tea, �.: �.. y�� 11 / /JT /e�A� `� %.brrwn \11 J //I i �� rwY�b ,�;a ' �\ l 1 (p'. ~^ \`; iii " , \�",►,n 1 �; �r_ =�F ` -;; 1j'1^ i 1 ��;1 `�",.��r�• cam/ _ � °PiO ;7 r *!e �,.-r� .,.�"` .� -e'er•' .. e_/- Jl- a.e.._ ,Q,.+��y-. =-_ - 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AIRPORT LAYOUT PLAN WINCIRB7ER REQIOMAL ARMRT NIINCIElTER VNt01NM ��oni�rc 1 .. — �NJY • '' ,r' � �� +r — r'�, —,',�� ;.�' -.�> �� oM + r r -�_ _ ._---- _______� `��________ -�� '��` � it I ./� .._ __... � _.� \ m � . j�j X X � C I � I'L� o '� ®�� (- _� -- ��, r�� - - —� ��._ 17 f'�= �� _,ti �` -� I� - __� _ �._ -- f�l �t .�^ "'�n ��\ f .� ��..�4� . :�� ,d�r,,,r,�., � AIRPORT CAPITAL PROGRAM (NORTH SIDE AREA) �� WINCHESTER REOH)NAL AIRPORT ± �� WINCHESTER, VIRGINIA DBiA AIMOIi `"°' � � NNliUliAM17r pIG � 4 ��n: DRAWING: OKV Sketch Land VAB 3- 2014.dwg LAYOUT L1 __�' "Z /- 0 ��. / J / � / , � — i i � J - � � � 1 ,, �� - � � �ww.d�lta oirport.com PROPOSED RUNWAY PROTECTION ZONE VISIBILITY z 3/4 MILE 1,000'x1,510'x1,700' � -- - --� - - -� �- -- r f � � '''LAND ACQUISITION (FEE SIMPLE), AVIGATION THREE PARCELS (ONE FULL, TWO PARTIAL) EASEMENT ACQUISITION, SIX PARCELS �- - - -�� I '� ., -- �_ � I ,—� E • 1ST NG AIRPORT PROPERTY LINE 1000 0 1000 2000 PROJECT: EA FOR OBSTRUCTION REMOVAL AND LAND ACQUISITION SCALE: 1" =1000' FEET FY 2014 - MAY VAB EXHIBIT WINCHESTER REGIONAL AIRPORT, WINCHESTER, VIRGINIA � DRAWN BY: RWW CHECKED BY•. MAP SCALE: 1" =1000' DATE: MARCH 2014 18 AIRPORT CAPITAL IMPROVEMENT PLAN THROUGH FY 2024 Page 1 of 4 MASTER PLAN PROJECT LIST BY FISCAL YEAR WINCHESTER REGIONAL AIRPORT PROJECT DESCRIPTION FAA FlSCAL YEAR TOTAL COST FEDERAL FUNDS STATE FUNDS LOCAL FUNDS REMARKS FY 2017 Acquire Land - Parcel 64 A 69: Robertson 2017 CF $212,000 $190,800 $16,960 $4,240 90/8/2 FAA/State /Local Acquire Land - Parcel 64B A 33A: Beaver 2017 CF $175,000 $157,500 $14,000 $3,500 90/8/2 FAA/State /Local Acquire Land - Parcel 64 A 67: Nesselrodt, Lawrence K 2017 CF $275,000 $247,500 $22,000 $5,500 90/8/2 FAA/State /Local Acquire Land - Parcel 64 A 70: Marston/Haynes 2017 CF $250,000 $225,000 $20,000 $5,000 90/8/2 FAA/State /Local Acquire Land - Parcel 64 A 71: Marston /Haynes 2017 CF $50,000 $45,000 $4,000 $1,000 90/8/2 FAA/State /Local New General Aviation Terminal Building Study 2017 CF $65,000 $0 $52,000 $13,000 80/20 State /Local North Side Connector - (Design) 2017 CF $5,400 $4,860 $432 $108 90/8/2 FAA/State /Local Environmental Assessment - Runway 14 Obstruction Removal 2017 CF $74,000 $66,600 $5,920 $1,480 90/8/2 FAA/State /Local Acquire Land - Parcel 64B A 40: Rosenberger 2017 $175,000 $157,500 $14,000 $3,500 90/8/2 FAA/State /Local Acquire Land - Parcel 648 A 51: Moreland (Old 50) 2017 $235,000 $211,500 $18,800 $4,700 90/8/2 FAA/State /Local North Side Connector - (Construction) 2017 $1,900,000 $1,710,000 $152,000 $38,000 90/8/2 FAA/State /Local North Side -Gas Main Relocation 2017 $400,000 $360,000 $32,000 $8,000 90/8/2 FAA/State /Local, if FAA funding available Professional Services - Capital Projects 2017 $100,000 $0 $0 $100,000 Local only Survey Runway 14 -32 Approaches (Obstructions) 2017 $80,000 $0 $64,000 $16,000 80/20 State /Local Land Services - Runway 14 RPZ &Approaches (BRIDGE LOAN) 2017 $160,000 $0 $128,000 $32,000 80/20 State /Local BRIDGE LOAN Bridge Loan Refund (Runway 14 RPZ &Approaches) 2017 $0 $144,000 ($115,200) ($28,800) 90% FAA funds to reimburse 2017 Bridge Loan State Eligible Annual Maint Repairs - General 2017 $35,000 $0 $28,000 $7,000 80/20 State /Local State Eligible Annual Maint Repairs - F & E Lighting 2017 $15,000 $0 $12,000 $3,000 80/20 State /Local 2 � Modified - MASTER PLAN - FY 2017 Master Plan Project List Update 14 Page2of4 PROJECT DESCRIPTION FAA FISCAL YEAR TOTAL COST FEDERAL FUNDS STATE FUNDS LOCAL FUNOS REMARKS FY 2018 Acquire Land - Parce164 A 64: Hott (Old 65) 2018 $275,000 $247,500 $22,000 $5,500 90/8/2 FAA/State/Local Acquire Land - Parcel 64 A 60: Cooper (Old 61) 2018 $275,000 $247,500 $22,000 $5,500 90/8/2 FAA/State /Local New General Aviation Terminal Building - Design 2018 $300,000 $0 $225,000 $75,000 75/25 state /Local assumed public /private space utilization New General Aviation Terminal Building -Site (Design) 2018 $80,000 $0 $64,000 $16,000 80/20 state /Local assumed public /private space utilization Fuel Storage Facility - DesigNBuild 2018 $1,000,000 $900,000 $80,000 $P0 000 90/8/2 - FA/ /State /Local - assumes relocation is driven by other AIP project Remark Runway 14/32 201 B $100,000 $0 $8,000 $92,000 80/20 State /Local FY 2019 North Side - Service Road (Design /Build) 2019 $400,000 $360,000 $32,000 $8,000 90/8/2 FAA/State /Local New General Aviation Terminal Building - Construction 2019 $2,000,000 $0 $1,500,000 $500,000 75/25 state /Local assumed public /private space utilization New General Aviation Terminal - Furniture Plan (Administrative) 2019 $30,000 $0 $0 $30,000 100% Local only New General Aviation Terminal - Furniture Plan (Public Areas) 2019 $50,000 $0 $50,000 $0 100% State New General Aviation Terminal Building &Parking Lot -Site Work (Construction) 2020 $1,250,000 $0 $1,000,000 $250,000 80/20 state /Local assumed public /private space utilization Taxiway ARelocation - Section I - (Design Phase) 2019 $200,000 $180,000 $16,000 $4,000 90/8/2 FAA/State /Local FY 2020 Taxiway ARelocation - Section I - (Construction Phase) 2020 $4,500,000 $4,050,000 $360,000 $90,000 90/8/2 FAA/State /Local New Terminal Building Opening Ceremony 2020 $10,000 $0 $5,000 $5,000 50/50 State /Local Taxiway ARelocation - Section II - (Design Phase) 2020 $150,000 $135,000 $12,000 $3,000 90/8/2 FAA/State /Local 22 Modified - MASTER PLAN - FY 2017 Master Plan Project List Update 14 Page 3 of 4 PROJECT DESCRIPTION FAA FlSCAL YEAR TOTAL COST FEDERAL FUNDS STATE FUNDS LOCAL FUNDS REMARKS FY 2021 Taxiway ARelocation - Section II - (Construction Phase) 2021 $1,100,000 $990,000 $88,000 $22,000 90/8/2 FAA/State /Local Taxiway ARelocation - Section III- (Design Phase) 2021 $150,000 $135,000 $12,000 $3,000 90/8/2 FAA/State /Local FY 2022 Taxiway ARelocation - Section III - (Construction Phasej 2022 $1,100,000 $990,000 $88,000 $22,000 90/8/2 FAA/State /Local Taxiway ARelocation - Section IV - (Design Phase) 2022 $150,000 $135,000 $12,000 $3,000 90/8/2 FAA/State /Local FY 2023 Taxiway ARelocation - Section IV - (Construction Phasei 2023 $1,100,000 $990,000 $88,000 $22,000 90/6/2 FAA/State /Local Taxiway A Relocation - Section V & TW C Shoulders 2023 $1,200,000 $1,080,000 $96,000 $24,000 90/8/2 FAA/State/Local FY 2024 Acquire Land - Parcel 64 A 59: Kyle (Old 69) 2024 $300,000 $270,000 $24,000 $6,000 90/8/2 FAA/State /Local Acquire Land - Parcel 648 A 52: Lee (Old 60) 2024 $300,000 $270,000 $24,000 $6,000 90/8/2 FAA/State /Local 0 0 $0 $0 $0 $0 0 ACIP Grand Total $20,226,400 $14,500,260 $4,296,912 $1,429,228 23 Modified - MASTER PLAN - FY 2017 Master Plan Project List Update 14 Page 4 of 4 PROJECT DESCRIPTION FAA FlSCAL YEAR TOTAL COST FEDERAL FUNDS STATE FUNDS LOCAL FUNDS REMARKS MASTER PLAN PROJECT LIST BY FISCAL YEAR TOTAL FAA STATE LOCAL TOTAL BUDGET SUMMARY BY FISCAL YEAR 2017 $4,206,400 $3,520,260 $468,912 $217,228 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2018 $2,030,000 $1,395,000 $421,000 $214,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2019 $3,930,000 $540,000 $2,598,000 $792,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2020 $4,660,000 $4,185,000 $377,000 $98,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2021 $1,250,000 $1,125,000 $100,000 $25,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2022 $1,250,000 $1,125,000 $100,000 $25,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2023 $2,300,000 $2,070,000 $184,000 $46,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2024 $600,000 $540,000 $48,000 $12,000 ACIP GRAND TOTAL $20,226,400 $14,500,260 $4,296,912 $1,429,228 24 Modified - MASTER PLAN - FY 2017 Master Plan Project List Update 14 COUNTY OF FREDERICK MEMORANDUM To: Finance Committee From: Scott Varner, IT Director Subject: Carry Forward Request Date: September 7, 2016 Information Technologies (540) 665 -5614 This memo is to request the carry forward of FY16 funds in the amount of $108,032 from 4 -10- 1220- 9001 - 000 -000 to the same line item in FY17. These funds were approved and allocated from FY16 contingency funds for the Data Center Refresh initial five year lease payment. However, due to a delay with the contract, this purchase was not completed prior to year -end. Thank you for considering this carry forward request. Sincerely, Scott Varner Director of IT/ CIO County of Frederick 107 North Kent Street, Winchester, Virginia 22601 -5039 ndunleav(a�co.frederickva.us or fax 540 - 722 -2169 25 MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Harvey E. Strawsnyder, Director of Public Works SUBJECT: Carry Forward Requests DATE: September 7, 2016 �{E'S .� ipiauttnt v�' PubTic YVnrics 54+x! 665 -5643 FA:K: S4�l�i7� -�D682 In a regularly scheduled meeting held on July 26, 2016, the Public Works Committee unanimously endorsed the following carry forward requests: a. Landfill - $15,000 (Attachment #1) b. Inspections - $12,560 (Attachment #2) Please include the above supplemental appropriation requests on the next Finance Committee agenda. Justification for the above requests are included as attachments 1 and 2. HES /kco Attachments: as stated cc: file 107 North Kent Street, Second Floor, Su��200 •Winchester, Virginia 22601 -5000 �'��iT�Y ��f �'itE�1�It� I Mtr��e� t ai �y��fi:. �'4'+�r�� N'�.]�_ 5 4l� 5765 t4'IGE?�'1 i� l�� f?l � �� T� }: lan hlte �'4' ��k.� �'�o��lni ire �{r,��tin� Gh�� 'uadia� � ��rri{acl f�r+��ird �rcvrn �i�� I �� ?S] ib h,�� et in�� t! �� rev,' �,'� i �,�Ll � � b�� +�.t_ I �h� I`r�i�.er� i� �.Ll�xatc�l o.a �� Li�L��+��n.�, L i r�� cl�-m= 1 �- ��#l� -?��#- Re air anal l�I�inien�n�� - K�mer�i�r� V4� � are rc]yu��n� lit � _ �,riLl�� E,c �.�rri,�J f€rn�'�rti r�t}�i� I}�s li�� 1t�_ � �� fr�nsl� x��1L'b� u�di R� .��r ��.�t� � s��r�ct,:,:� Sri Lh r�"i°„;��, �� hi9 Lcr �n tE�� L.�d�ll �rY1LCLL �kiJ_ c�r� I`c�i t'�, � �t ��air �� uri�nr�flr�� s�}]ce��Ee�t F� t4, lirs� la:�rt ��! 4m�, ��ut ciu� �i +� °��S3�r cane � � � t � �� ,�n� ��c: �+,� C�ae� 1 x,��,r�k, �� c��r�d end �� e�or�.p3rrl an .�I.W� ?��i ?.�� 27 �'- . . % ,t_ _ _ r� -, -- : -�;�_, 1.= �' .� � T C�U�C`�Y of FREDERICK �'�: Harvey E, 5trawsnyder, Jr., P.E., Director of Public Works � ;` r `.• , R r, Ti-fRU: John Trenary, Building Official�Code Administrator FRAM: Amy L Feltner, Plans Fxominer� 5Lf87FCT: Request far Finance Carry Forward BATE: July 2D, 2D15 [n�,�eet�ons Departrnenf Jahn S. Trenary, Building official 540- frS5 -5S5Q Fax 54Q- 57S -0�2 The large format scanner currently used bythe inspecticns department is outdated. Maintenance and repair options are obsolete. Working with the !T Department, we found a mare economical and reliable scanner that also offers an affordable solution to our current scanning procedures. The proposed scanner is offered through a 60 -month lease in the VITA contracts far $598.63 {five hundred ninety eight dollars and sixty three cents} per month. In addition, a software purchase is needed to automate the scanning prctess. This software will be a onetime estimated purchase cost of $51fsfl.{70 [five thousand cane hundred sixty dollars} and includes fees far traininglsetup. Dur 2016/2.(717 budget does not include the monthly leasing cost nor needed funds to purchase the software, therefore, C am requesting a carry forward of funds it the amount flf $12,550 {twelve thousand five hundred sixty dollars} tram our 2[}15 /2[716 budget into our 2t31S/2C;17 budget year. Funds to be carry forward to the follawir3g line items: 34[)1(7- OaQ- 94D1 -C10{i {lease rent of equipment) � 7,40t7.DD 34016 -4��0- 5413 -DDQ {other aperat'rng supplies} 5 16D.[]0 $12,S60,D0 Funds to support this would be tra nsferred f; cam unencumbered funds Pram Fy 16 lnspecticans Department budget. aif FY16 total unspent Inspections: $67,300 FY16 bal: 3401 -9001 $1,481; 3401 -5413 $1,702 107 North, Kent Street +Winchester, iJirginfa 22501 i To: John Trenary, Building Code Official From: Amy Feltner Date: April 27, 2016 Re: Scanner Demonstration Our current plan scanning process is manual. Plans are scanned, one sheet at a time, into our current Puma scanner, then manually copied onto a portable drive. The plans are then uploaded to the network and manually transferred into the permit file locate in Laserfiche. The current Puma scanner is over ten years old and cannot be connected to the network due to the inability to upgrade the software. The current scanner is in need of replacing based on (a) the current age, (b) the lack of technical support (software and repair), and (c) inability to connect to the network. The Konica Minolta scanner recently demonstrated at Loudon County offers numerous benefits including the reduction of personnel time needed to complete the process as a whole. On an average we scan 160 -200 24" x 36" sheets weekly1. This is highlighted as a daily average consistent with our normal workflow which occurs 80% -85% of the year. Based on an average plan set of thirty (30) 24 "x36" pages, our current process consumes approximately one (1) hour to complete from start to finish. Based on the performance of the Konica Monilta demonstration, the process would be thirty (30) minutes based on the following time saving tasks a. Paper sizing is automatic. No need to select from a drop down menu. b. You do not need to create a filename for each sheet prior to scanning. c. The transfer to Laserfiche will be automatic2, thus eliminating the manual transfer by a portable device. d. The newer scanner has faster per -foot scan rate based on 400 dpi imaging. e. New scanner allows sheet feeds to stack, eliminating the task of catching each feed as our current process requires. f. The proposed package will create the permit file in Laserfiche prior to the issuance of the building permit (see item C) Additionally, smaller plans3 are currently copied on the Konica Monilta copier and placed in the permit folder. The copies are then scanned into Laserfiche on our Fujitsu desktop scanner afterthe permit is issued. By utilizing the proposed software package and our current Konica Monilta copier, the copier can act as a scanner and place the material directly into Laserfiche. This process can eliminate the paper waste of copied plans and remove the time and effort needed to scan the documents into Laserfiche on 1 Based on average weekly total of building plans larger than 11 "x17" ,scanned on the large format scanner only z Additional software is needed to make the full system automatic. This software may be acquired in house or through additional professional services s Building plan sizes 11" x 17" or smaller only 29 the Fujitsu desktop scanner. Also, the current Fujitsu is ten years old and may need replacing in the near future. Use of the existing copier may eliminate the need to replace the desktop top model. Our current circumstances do not allow us time to scan plumbing, electrical, and /or mechanical plans. Although upgrading will not eliminate the need for the scanning of plans, there is a potential savings on manpower of over ten (10) hours monthly4 compared to the proposed package solution. This can be viewed as a monthly cost savings or an opportunity to work toward a more paperless environment by utilizing the time to process plans not currently scanned. 4 Based on reduced time in scanning on large format scanner and elimination of manual transfer of file into Laserfiche only. Does not include time savings on the Fujitsu or paper /ink savings 30 Please see attached the most recent proposal from Konica for the Inspections scanner and the quote for LaserFiche integration. A few items to note: • Outright scanner /software purchase price (includes 1 year of maintenance): $20,983. o The yearly maintenance cost as quoted is $1,847; however, it is usual for annual maintenance contracts to increase 5% annually. • 5 year lease (includes all 5 years of maintenance): $598.63/mo = $35,917.80 o This represents a 10.55% lease rate. The lease rate could vary slightly because it is based on the supplier's fixed rate spread added to the last business day of the most recent quarter current US Treasury Interest Rate Swap rate at the time of purchase, but the variation would be minimal. • The quote from Unity Business, $5,160, is to integrate the scanner and software with our current document management system, LaserFiche. This is a one -time cost, except for the $300 annual maintenance. The $300 annual maintenance will be picked up by IT after year 1. I did a quick spreadsheet to try to do a summary explanation: 60 month lease 10.55% outright includes 5 yrs maintenance purchase KONICA per VA State Contract Scanner 346.51 12,822.00 Software 193.04 5,361.00 Setup &Training 59.08 2,800.00 per month 598.63 Total 35,917.80 (60 months) 20,983.00 year 2 thru 5 maintenance 7,388.00 ($1847/yr- does not include possible 5% increase annually) U BS LaserFichelntegration 5,160.00 5,160.00 Total 41,077.80 33,531.00 FY17 Supplemental Appropriation needed Scanner /Software 5,986.30 (based on 10 months) 20,983.00 LFlntegration 5,160.00 5,160.00 11,146.30 26,143.00 31 KIP 2300 Scanner w� Color Scan to File Plus Stand, Software, Services and Maintenance Attention: Patrick Fly, Sharon Kibler County of Frederick 107 Kent Street Winchester, VA 22601 -5039 September 1, 2016 Prepared by Doug O'Brien KMBS - Senior Account Executive Government and Education The contents of this proposal are considered to be Konica Minolta private data and are provided for yourexclusive use. I<ONICn MINOLTi� Patrick, Please review the attached quotes fora 60 month lease and an outright purchase using the VITA Contract VA- 130405 -VBS (SWAM Approved) for the KIP 2300 Scanner w/ Color Scan to File, KIP 2300 Scanner Stand w /Integrated Display, Phoenix Dispatcher — Government, with all maintenance and services included. I am pleased to present this information to Frederick County using the VITA Contract. Answering the questions submitted by Sharon: State that it is alease- purchase and explain that at the end of the lease the machine will be available to purchase at the fair market value. Response: Yes. 2. Provide an outright purchase price and the 60 month lease price for the 2300 Scanner. Response: Yes, I will provide purchase pricing and 60 month lease using VITA Contract pricing which is based on VITA supplied interest rates. 3. State what the 2300 Service contract includes. Response: The Service Contract covers on -site labor, parts as well as ongoing software updates. 4. The terms and conditions as set forth in the VITA contract apply. Response: Yes 5. The only item that I could find on the state contract was the actual scanner itself. Where are all the other items located in the contract? i.e. Dispatcher Phoenix Software, training. Response: You are correct - These additional items are not listed on the VITA Contract, only the 2300 Scanner is listed on the VITA contract as an accessory under KIP —Wide Format Printing - Section 41. These other items can be offered by KMBS under the VITA Managed Print Services section which allows vendors to provide a complete solution. This configuration was developed with input and participation from Frederick County GIS /IT, this evaluation included anon -site KMBS demonstration to The County of Frederick and a customer visit to Loudoun County. Phoenix Software, a division of KMBS, is not on the VITA contract. However, we sell and have the technical training and skills necessary to support this complimentary KIP offering as required under the VITA Managed Print Services category. 6. When I spoke to Mr. Scearce at VITA yesterday, he mentioned that the maintenance costs are included in the contract, why are they listed as additional charges? Response: Yes, you are correct — this information needs to be included in all proposals for all VITA offered copiers and printers. You are not purchasing acopier /printer; you are purchasing a scanner with a service contract. Scanners, like the 2300, do not charge per scan, scans are free so there is no maintenance or supply charge for I<ONICn MINOLTi� copies. The monthly service fee is just for the on -going maintenance of the hardware, not usage. Service Plan covers on -site labor, parts as well as ongoing software updates. If you seek additional information about 2300 Scanner Service or information about the complete KM BS- KIP Solution please contact Daniel Hannabass, National Manager- Production Print. His contact information is Office: 703- 760- 3576. Cell: 410- 703- 2714. Email: dhannabass @kmbs.konicaminolta.us Note: I am very aware of the VITA requirement to clearly show the cost of maintenance with volume options. I always copy this information directly from the VITA Contract for all Printer /Copier proposals. This maintenance information is listed at the top of every VITA price sheet usually as an A, B or C maintenance option which allows the customer to see volume discounts, ability to include supplies, price per copy for B /W, Color and overage costs. 3. The VITA contract states that prices will be 30% off. The software costs are not at a 30% discount. Explain. Response: You are correct. The pricing I provided was obtained as the government price provided to us by the Phoenix division of KMBS —the government pricing they provided was not equal to the deep 30 %discount available through VITA. I have requested management to approve a special VITA price consideration for Frederick County based on your request. Assuming my request will be approved I will use this new pricing. Phoenix list price is $3,300 x .70 = $2,310. This is a savings of $900 off list price which is an additional $520 below the previously quoted price of $2,830. I hope I have answered these questions to everyone's satisfaction. Doug g� I<ONICnMINOLTh KIP 2300 Scanner w /color Scan to File Phoenix Dispatcher - Government Purchase and 60 Month Lease Information Customer: County of Frederick — Attention: Patrick Fly pfly @fcva.us P: 540 - 665 -5614 County of Frederick 107 North Kent Street Winchester, VA 22601 -5039 Ship To: County of Frederick Att: Patrick Fly P: 540 - 665 -5614 Alternate POC: Andrew Farrar P: 540 - 665 -5614 County of Frederick 107 North Kent Street Winchester, VA 22601 -5039 Requested Date of Delivery: By Friday, September 16, 2016. Konica Minolta Contact: Douglas O'Brien, Direct 703 -637 -1514, Cell: 703 - 967 -4892 dobrien @kmbs.konicaminolta.us Senior Account Manager- Government &Education Specialist VITA Ordering Information - Commonwealth VA Customer can order by PO, State Credit Card or place a eVA order. - All customer purchase orders must include: Model item Number, Lease (payment x term) or purchase pricing Cost Per Copy Volume and Cost per copy Price. - Please address the purchase orders to: o Virginia Business Systems c/o KMBS — Douglas O'Brien o Attn; Debora Gregg 0 9899 Maryland Drive o Richmond, VA 23233 o P; 804 - 270 -7003 Note: PLEASE SEND Order Submission by Email to dob rie n(a�kmb s. ko nicamino lta. us Doug O'Brien — Government, Education and Healthcare Specialist I<ONICn MINOLTi� Description: KIP 2300 Scanner with Phoenix Dispatcher Govt Information on: (1) 60 mo. lease agreement and (2) Purchase County of Frederick Virginia - 2300 Scanner has no click charge and makes no copies Copies Included: 0 Copies Included CPC: Cost per Copy billed at $0.00 Color CPC -Color CPC billed at $0.00 VITA CONTRACT Quote Contract # VA - 130405 -VBS (SWAM certified) 60 Month Lease Kip 2300 Scanner 60 Month Lease KIP 2300 Stand Phoenix Dispatcher Govt. /Support /Maintenance Services and Training Total Monthly Lease Payment for 60 Months includes Maintenance: $ 598.63 per month for 60 months. Total paid after 60 months is $35,917.80 Total Purchase Price includes I year of maintenance: $20,983 Note: to compare apples to apples add the cost of 4 years of additional maintenance = $7,388= $28,371 Not included the possibility of an annual 5 % increase in maintenance . See pricing details on next page. This evening I submitted a VITA worksheet to VBS for review and approval. I expect we will have an answer by COB Friday. This is usually a formality as the VITA system calculates the lease rates, but this step is a requirement to make sure the quote is double checked for accuracy. I mentioned the 5 year rate of .1024 (5x.0248) requested by Sharon which is .0037 lower than the .1055 rate (5 x .0211) requested. I do not set the rates so this is totally a VITA determined rate. Usually I wait to have quotes and rates approved before I send a quote but because of my travel schedule tomorrow and your need to have this ready for next Wednesday I wanted to get everything finalized and receive any questions back from you as soon as possible. Patrick and Sharon, please do not hesitate to contact me. I am traveling on Friday and Tuesday but can be reached on my cell phone at 703 - 967 -4892 Sincerely, Doug O'Brien Senior Account Executive - Government &Education Office: 703 -637 -1514 Cell: 703 - 967 -4892 (Best) I<ONICn MINOLTi� Yea` a.�.t�tF Item No Description Notes N5RP Purchase p�rclasc Total 5 Far 7nt�l fill Month Font Hardrare 640012574 KIP23f]05CANNER 1 5TANf] wt INT. f]I5PLAY $ 995.00 # 696.50 $ 696.50 $ 696.50 $ 14.70 640013813 KIP 2300 SCANNER WI � COLOR SCAN TO FILE $ 15,995.00 # 11,19fi.5f1 $ 11,19fi.50 11.19fi.50 $ 23fi25 1 7640013891 KIP 2300 Scanner Frei ht Included -VITA -VB5 375 $ - $ - $ - 1 7640013880 KIP23f]05canner 325 Installation -KMBS Included- VITA -VB5 $ - $ - $ - 4 Maintenance $900 a year x 5 years $900 on 2300 $75 a month = $900 yr. $ 900.00 $ 900.00 $4,500 $ 94.95 1 7640008086 Solutions f]eliv Char e L -2 $ 29.00 $ 29.00 $ 29.00 $ 29.00 $ 0.61 Totals # 346.51 5oftrare 7640019155 Dispatcher Phoenix 1 Software Govermm�et - f]P -GOVT' $ 3,300.00 $ 2,830.00 $ 2,830.00 $ 2,830.00 $ 71.88 3 7640014447 f]P Active Input 3 additional Inputs -2 come withGvvtversivn $ 600.00 $ 528.00 $ 1,584.00 $ 1,584.00 $ 40.23 5 7640019156 Mintenance -f]P Govt Yearly cost $617 for 5 5oftwarel r ears $ 660.00 $ 617.00 $ 617.00 $ 3,085.00 $ 78.36 7640014449 Maintenance - f]P Add. Yearly cost $110 a year x 3 3 Active Input 5vftw Inputs =$330 a yr for 5 ears= $1650. $ 120.00 $ 110.00 $330 $1,650 $ 41.92 Totals # 193.f14 Services 16 7640014526 f]P Integration &End User $200 per hours 16 hours Trainin b KMBS vITA is $175 hr. $ 3,200.00 $ 2,800.00 $ 2,800.00 $ 2,800.00 $ 59.08 Totals # 59.f18 Out Ri ht Purchase 5Yrs. wl Maint. $ 20 983.00 $ 28 371.00 $ 598.63 is spachrr fR,aari�t �E]sL"€ix't': h� fS�x�s�htse+u.4,�.r.',d4+w�t '.';.S" -s-,� -me •°� :6 •4Ere! Z iy � lie e.�� C L6�' 3. Ttt }W.4r+�a.�orr+�sr.or+sstus^aecn � sxeses��e: ay��inoeria! r�ewa, e��kS, �n, ��a�- r�pa .�da�3rnx��+ne�ee�r'dl.3orS, ±r �c�r� --rs +C�i �r�xa+: Vr�x, ='+e��70 ri t.e ay d t eai feecz °es ��GxE I�� atae �� oaxm f1++e?�:.er 1.k -raft m R� +se i� *Jr ICL, i'iiry�htYluSLf.rte�:S [ a. ra�e�stsfbFg� C.°�,'�..PdSFfasv�er�c►ab'c .p[Knere,e��i M�.a�ab �_-,�s s f f�rrema�ac-�a*.��•r nn a ra:t; -+g } �3�".- xis: -.- S�s r�•�t C:� -�sa° "�=�p' [�f �� nr a� ;s'r.:� '�iOOF��ad �a� p 1� �' Annu�RmU�rancei??ax.:4 w c` ifF�il�; i„�° k °z:iF,fjoV Siel�i+'�:gr;, � ,�-r O °H�ntClays Ifc%iFF�Fde f�pller" O � O COC CMIIiU Pii2 O < S.pw� r-F a„i.. P� [jue � ��.+ Iowa Me�Flk 6lseAlio� A15Pr �� ,,.,a ulllw■ �.�� iIMwA 1rA i41kN1 fD +s..�..w:. G 1� � ul., ;r;r,v D Ij llaungg aa%�eawkfr.rkt+k+wplj.wE�m M 74+YI4F JSIk>L� i I �IIIt� 4 � i 21:1f1 i � � 1��19 � r+w�.1ssM �4'�- �. i a F�G6�Rtled.!S! .';�:4 46'.:: ' 1;44- , L•',i *'� � T a pp t�7i R� l.f- I W � v�+a�rly r�+G�r O I 4.7J 1" � @i � Flmag�IdF�F99D�i'a'II� fD ti �4, � 0 ?s � i�.'F: L �k4 nt u� � ,j , „rl � � FE57TJ� ii5.`m ,sy,�. 1 {.r 1 I fir. � � Sy - �.- Iii' -Ea= lei I {a5g,• 1 _.'d,�' t ati q- Sy 7 '.'1 ..c IF ��,_� dVrAdr�y7rz.e u; 44 Q �� qr 3C".Y 1 � S%Y. 1 L �:�4_ rl� 1 I � +:�' O ila•!1]0� "lOpJrm$!Y1N .p.� ' "•�� 434 �i +, -.� f� s::a. 'i � �'� 'l,J4: 1`� p 7 r-r r � fD v N n 0 r�' r� 0 3 D v I<ONICn MINOLTi� Konica Minolta KIP 2300 Scanner The KIP 2300 High Production Scanner is a high resolution, high speed solution that provides enhanced monochrome imaging and world -class color scan quality embodied in an exceptionally versatile and ergonomic design, ideal for both centralized and decentralized environments. The KIP 2300 scanners unique product design allows users to capture, archive, print and share monochrome and full color images at high speeds with either face up or face down document feeding for maximum productivity. In addition to the advanced dual document feed system the KIP 2300 features the following technological advancements: - Direct connection support for multiple KIP 7700, 7900 and 9900 printer series as well as optional direct copying to inkjet printers. - Rigid /thick stock support with automatic tension adjustment and front document assist tray. - User selectable scanning modes - standard or production. - High speed data transfer featuring KIP Tru -Speed technology. - Three independent tri- linear CCD imaging cameras with an advanced single lens design - Automatic imaging camera and integrated white balance calibration - Distinctive white LED original illumination system for consistent image capture Visual operator feedback system for stream - scanning monochrome or color images. - Instant on- no warm up necessary - Substantially built, rugged design with low maintenance operation - Extended warranty covering KIP optical system - Energy Star 2009 Compliancy I<ONICn MINOLTi� Dispatcher Phoenix Government At a time of shrinking budgets, rising costs and increasing expectations, government agencies are naturally looking for new ways to increase productivity, streamline processes and serve the public with greater speed, accuracy and efficiency. Konica Minolta's Dispatcher Phoenix Government provides government employees with the tools they need to handle their documents - quickly, efficiently and securely. With Dispatcher Phoenix Government employees can have instant access to the information they need while complying with security regulations. And manual document processes can be automated, reducing the risk of human error while optimizing operational efficiency. Fast, Efficient Document Distribution - Dispatcher Phoenix Government automatically collects, processes and distributes government documents such as records, applications, cross - agency communications and other filings to multiple outputs -all in a single step. Document files can be sent to network /local folders, email recipients, printers, and popular document management systems such as Microsoft SharePoint. With its visually appealing folder browsing feature at the MFP, Dispatcher Phoenix Government gives you a familiar, Windows Explorer -like view of your directory structure to help you select the correct folder as your scan destination. To help public sector organizations optimize workflow efficiency, Dispatcher Phoenix Government includes automated processes that get the job done quickly and accurately. You can make information instantly retrievable by converting paper - based files into PDF Searchable. Read and route invoices based on barcode. Edit scanned images by converting files to Microsoft Office formats, such as Word or Excel. Rename files at the MFP. Other advanced automated processes include zonal OCR for data extraction, metadata routing, ODBC connectivity for integration with common databases -and much more. (�i� U f�TYE� M F ,_� Innovation rederick County Import Agent 9/1/201 Quote # 000400 Version 1 41 Frederick County - Import Agent 9/1/2016 Quote Information: Quote #: 000400 Version: 1 Delivered: 09/02/2016 Expires: 09/30/2016 Prepared for: Frederick County Patrick Fly 107 North Kent Street Winchester, VA 22601 pfly @fcva.us 5407228225 r�� l� N I TYE C I'C'I 1� hru Innauation Prepared by: Unity Business Systems Sarah (757) 873 -0233 sarah.haynes @unityecm.com • r IA Laserfiche Import Agent $1,500.00 1 $1,500.00 Software Subtotal $1,500.00 � • - Software $1,500.00 IAB LSAP Laserfiche Import Agent $300.00 1 $300.00 Annual Maintenance Subtotal $300.00 � • - Software $1,500.00 PS -01 Professional Services for installation and training on setting up profiles with Import Agent. $140.00 24 $3,360.00 Services Subtotal $3,360.00 � • - Software $1,500.00 Annual Maintenance $300.00 Services $3,360.00 Total $5,160.00 Signature Quote #000400 v1 Date • .�, +t • Sheriff Lenny nllillholland Major S4�V� A. liawkirss 1080 COVERSTOIVE DRIVE WIIVCtiESTER, VIRGI�EIA 22602 �... FREDERICK COUNTY 540/662 -6168 FAX 640/504 -6400 J U L� Q 2 016 TO :Angela Whitacre, Treasurer's Office FIfVgNCE bi<P,gRTNIENT FROM :Sheriff Lenny Millholland SUBJECT :Donation DATE :July 19, 201b Attached please find a check in the amount of $100.00 made payable to the Sheriffs Office. The memo section indicates this is a donation to the Honor Guard. We are requesting this amount be posted to revenue line: 3- 010 - 018490 -OOOb (10CR] A copy of this memo will be sent to Finance for appropriation. Thank you. LWM /asw Cc� Finance appropriation; 3102 -5409= 000 -OOCI TIMOTHY T. WEIR 6B•251�614 C31 ��>4�l 2� d6 nay To _ @i The Drder Of �� t� OyN7� l��f'll°Y �5„ ®1�rf « � � f c�r� °�`JiY � ® � � li rl � K>=� � +� t�� Dollars 'e ��°«,e� r �4/'y ".For w1�NCfi �vnx� }�1�{i7ror�r_ � _..._�..._� -_ -� 6 r '�' a 1, Sheriff Lenny Mlllhofland 1080 COVERSTOPIE DRIVE WINCI•iESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO :Angela Whitacre, Treasurer's Office _ • -�- �RED�RICIC COUNTY FROM :Sheriff Lenny Millholland JUL 2.0 z0�6 SUBJECT :Donation �IrvANC� QE��A�T��T DATE :July 19, 2016 Major Ster►e A. liavvkins Attached please find a check in the amount of $300.00 made payable to the Sheriffs Office. The memo section indicates this is the Winchester - Shawnee Lions Club's annual donation to the DARE Program. We are requesting this amount be posted to revenue line: 3- 010 - 018990 -0015 [100J) A copy of this memo will be sent to Finance for appropriation. Thank you. LWM /asw Cc; Finance appropriation; 3102 -513- ;000 -OU1 C.S. i�l�, 1109 68- 2581514 DATE; �, .:._ �1,�,,,..�� 12 �� " 3��0�� =;;<<s DdLLARS � °� «' � ?.9 - ��, �� Sheriff Lenny Miliholland 1 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO :Cheryl 5hiffler, Director of Finance FROM Sheriff Lenny Millholland SUBJECT : Supplemental Appropriation: Career Development DATE : ]uly 19, 2016 Major Stele A. Hawkins FRE'f]L�RICIC COUNTY �u� � � zags FINANCE ��PA�rTM�NT When preparing the department's I~Y17 budget proposal, we inadvertently overlooked requesting funding in the Career Development budget line [3102 - 1007 - 000 -001]. We will have 10 Deputy I positions that will be eligible for career advancement and 3 Deputy II positions that will be eligible for career advancement during this fiscal year. To cover the cost of the salary increases for these promotions, we are requesting a supplemental appropriation in the amount of $20,OOOAO to be appropriated into 3102 -1007- 000 -001. Thank you for your consideration in this request. LWM /asw 45 ��R�� Sheriff Lenny Millholland ��►LTNTY' SHER�F��S 1080 COVIwRSTONE DRIVE WINCHESTER, VIRG {NIA 22602 540/662 -$168 FAX 540/504 -6400 TO :Cheryl 5hiffler, Director of Finance FROM :Sheriff IJenny Millholland SUBJECT :Transfer of Revenue Funds - E- Summons DATE :August 10, 2016 ��ICr Major Steve A. Wawklns Pursuant to §17.1 -279.1 of the Code of Virginia, a fee is assessed as part of the costs in each criminal ar traffic case in the Frederick County courts. Chapter 155, Article III of the Code of Frederick County states the Treasurer shall bald the funds subject to disbursement by the Board of Supervisors to the Sheriff of Frederick County solely to fund software, hardware, and associated equipment casts for the implementation and maintenance of an electronic summons system, We are requesting a supplemental appropriation in the amount of $25,000 from the E- Summons revenue to be posted to our budget line 3102- 5409 - 000 -005 for the purpose of implementing the electronic surr�mans system. Thank you. LWM /asw 0- 010 - 000240 -2506 8/11/16 bal: $103,763 .� ��R��K �-�� Sheriff Lenny Millhalland ��UNTY SH��-�F,S 1080 COVERSTONE QRIVE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO :Sharon Kibler - Finance Department FROM :Sheriff Lenny Millholland SUBJECT :Insurance Reimbursement DATE :August 11, 2016 ��IC Major Steve A. Hawkins We are requesting the insurance check received from GEICO in the amount of $9,750.03 for the auto claim dated July Z8, 2016 involving Captain Singhas be appropriated into our operating budget line of 3102 -3004- 000 -002. Thank you. LWM /asw c.s. 3- 010 - 018990 -0001 47 �� Sheriff Lenny Mlllhalland � o�� s��-�� -�,s 5080 COVERSTpNE DR1VE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO :Cheryl Shiffler, Director of Finance FROM :Sheriff Lenny Millholland SUBJECT :Carry Forward Balance - Attorney General Grant. PATE :August 10, 201b ��F�� Majpr Steve A. Hawkins In our FY17 budget submission, we requested a carry forward of the remaining balance in the Attorney General grant budget line of 3102- 5413 -000 -012. The grant term expires April 2017 and we are requesting the remaining balance, after all FY16 operating expenses have been deducted, be appropriated into our current budget line of 3102- 5413 - 000 -012 so they maybe expended. The balance to be carried foi -ward is $514.08. Thank you.. LWM /asw 8/11/16 bal: $514.08 .• �� Sheriff Lenny Millholland �p�7NTY �H��'S 1080 COV'ERSTONE DRIVE WINGHESTER, VIRGINIA 22602 5401662 -6 i 68 FAX 540/504 -6400 TO :Angela Whitacre, Treasurer's Office FROM :Sheriff Lenny Millholland Si1BJECT :Donation DATE :August 11, 2016 ��I� Major Steve A. Hawkins Attached is an envelope c ©ntaining $31A4 in cash. This amount represents a donation to the department for the K -9 program.. We are requesting this amount be posted to revenue line 10CR 3- 010 - 018990 -0006. A copy of this memo will be forwarded to Finance for appropriation. Thank you, LWM /asw Cc: Finance - 31025402- 000 -001 c.s. .• Committee /Commission Technology $30. per meeting Code and Ordinance $30. per meeting Human Resou -rtes $30. per meeting Public Safety $30. per meeting Finance $30. per meeting Public Works $30. per meeting Transportation $30. per meeting Board of Zoning $30. per meeting Social Services Board $50. per month Board members not paid for committee meeting. Large percentage of members forfeit committee pay. Planning Commission $90. per meeting Parks Commission Not Paid EDA Commission $200. per meeting 50 TRANSFER GUIDELINES 1000 Codes - Personal Services Can only transfer between line items and into line items. Board action required to transfer out of line items. 2000 Codes - Fringe Benefits Can transfer into, but not out of (includes 2013 Education) line items. Cannot transfer with each other. 3000 Codes - Contractual Can transfer into and out of line items. 4001 Codes -Data Processing Can transfer into, but not out of Services line item. All other 4000 Codes Can transfer into and out of line items. All 5300 Codes Can transfer into line item. Can only transfer out of line item after insurance char e -out. All other 5000 Codes Can transfer into and out of line items. 8000 and 9000 Codes Can transfer into and out of line items. INTRA- DEPARTMENTAL TRANSFERS HAVE NO ANNUAL LIMITATION, BUT MUST BE APPROVED BY DEPARTMENT HEAD AND COUNTY ADMINISTRATOR. BOS approved 7/26/06 9/9/15: BOS revised to remove $25k inter - departmental limitation C:\ Users \skibler\AppData\ Local\ Temp \20050701TransferGuidelines_ 19784 \20050701TransferGuidelines As of July 1, 2005 51 FY2017JU LY BUDGET TRANSFE RS DATE DEPARTMENT /GENERAL FU ND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 7/1/2016 INSPECTIONS PROMOTIONS 34011001 000 012 2,436.48 INSPECTIONS 3401 3002 000 000 (2,436.48) 7/1/2016 SHERIFF SALARY INCREASES 3102 1001 000 049 16,917.14 SHERIFF 3102 1001 000 016 (8,000.00) SHERIFF 3102 1002 000 010 (7,300.00) SHERIFF 3102 1002 000 026 (561.00) SHERIFF 3102 1002 000 011 (1,056.14) 7/18/2016 COUNTY ADMIN ISTRATOR RECLASS DEPARTMENT COUNTY ADMIN ISTRATION 12011001 000 002 9,580.00 COUNTY ADMINISTRATOR 1201 1001 000 021 7,106.00 COUNTY ADMINISTRATOR 1201 2001 000 000 1,277.00 COUNTY ADMINISTRATOR 1201 2002 000 000 1,535.00 COUNTY ADMINISTRATOR 1201 2006 000 000 218.00 COUNTY ADMINISTRATOR 1201 2011 000 000 17.00 TRANSFERS /CONTINGENCY 9301 5890 000 000 (19,733.00) 7/25/2016 PUBLIC SAFETY COMMUNICATIONS TOWER AC UNIT 3506 5413 000 000 4,877.40 TRANSFERS /CONTINGENCY 9301 5890 000 000 (4,877.40) 7/26/2016 PUBLIC SAFETY COMMUNICATIONS COVER LINE ITEM FOR SALARY 3506 1001 000 003 (1,711.40) PU BLIC SAFETY COMMUNICATIONS 3506 1001 000 008 1,711.40 7/27/2016 TRANSFERS /CONTINGENCY REIMB FD 10 FOR VICTIM WITNESS MERIT 7/1 &COLA 12/1 9301 5807 000 001 1,821.84 TRANSFERS /CONTINGENCY 9301 5807 000 002 164.64 TRANSFERS /CONTINGENCY 9301 5807 000 001 2,607.86 TRANSFERS /CONTINGENCY 9301 5807 000 002 85.48 VICTIM WITNESS PROGRAM 2202 1001 000 001 (2,476.82) VICTIM WITNESS PROGRAM 2202 1001 000 002 (1,362.88) VICTIM WITNESS PROGRAM 2202 2001 000 000 (203.47) VICTIM WITNESS PROGRAM 2202 2006 000 000 (43.69) VICTIM WITNESS PROGRAM 2202 2011 000 000 (2.96) VICTIM WITNESS PROGRAM 2202 1001 000 003 (590.00) 7/29/2016 HUMAN RESOURCES YR2 ACA REPORTING 1203 3010 000 000 6,849.50 TRANSFERS /CONTINGENCY 9301 5890 000 000 (6,849.50) 8/2/2016 SHERIFF TO PURCHASE A USED VEHICLE 3102 3004 000 002 (16,000.00) SHERIFF 3102 8005 000 000 16,000.00 52 COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Kris Tierney, Deputy County Administrator �� FROM: John A. Bishop AICP, Assistant Director — Transportation RE: County funds spending on Russell 150 Roads project DATE: July 22, 2016 In 2013 the Board allocated a total of $470, 0 to the Russell 150 Roads project. These were County funds that were to be used to forward design of the bridge, roundabout, and Tevis Extension to 522 across the Russell 150 and Glaize properties. This was primarily done to preserve VDOT revenue sharing funds that were in jeopardy of deallocation at that time as well as to make the project more attractive to a potential new developer by progressing the bridge which, due to complicated design and lengthy review times, can significantly impact project timelines. An attempt had been made to enter into a revenue sharing agreement with the property owner at that time for this effort, however, they were focused on selling the property and were not interested at that time. Prior to the Heritage Commons rezoning of this property staff had been instructed to stop work on the design due to increasing uncertainty regarding the future outcome of the development. At that time a total of $332,476.45. This consisted of $806.00 in public works staff time and $331,670.45 of consultant billing. Planning staff has not billed time to the prof ect based on previous direction. Based upon VDOT revenue sharing policy, expenditures were billed to VDOT for 50% reimbursement in the amounts of $215.00, $37,342.40, and $128,680.82 for a total VDOT reimbursement on County expenditures of $166,238.22. In summary, the Board allocated $470,233.50 of which $332,476.45 was spent and $166,238.22 was reimbursed by VDOT leaving the total actual Board expenditures at this time of $166,238.23. JAB /dlw 107 North Kent Street, Suite 20253 inchester, Virginia 22601 -5000 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, Assistant Director - Transportation RE: Transportation Committee Report for Meeting of August 22, 2016 DATE: September 6, 2016 The Transportation Committee met on August 22, 2016 at 8:30 a.m. Members Present Gary Lofton (voting) Judith MoCann- Slaughter (voting) James Raney (voting) Lewis Boyer (liaison Stephens City) Kevin Kenney(PC Liaison fill in) Members Absent Mark Davis (liaison N1'iddletown) Gary Oates (liaison PC) Barry Schnoor(voting) Gene Fisher(voting) * * *Items Requiring Action* 1. SmartScale (HB2) Applications Attached, please find the map of proposed SmartScale applications for which we have begun the process as well as a draft prioritization of the projects. The committee considered this item and forwarded it to the Board for consideration. Please note, 2 of the projects shown (Exit 313 and Route 11 in the vicinity of Shawnee Drive) are MPO applications and are shown on this map for informational purposes only. 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 ��/ �� • - l 11 Route 11 North from � � - _ Snowden Bridge Blvd to Old Charles Town Rd Realignment of I -81 NB Ramp I to Redbud Rd 11 37 . >fll; �€lC5 \ � Realignment of Redbud Rd Cto Snowden Bridge Blvd ' J !szz� -7 \ l ., so �� '�'Fiill . i r� +�1'�s't � � � i y � - I '� i. ,'' \ \\ Winches #er Intersection of Senseny Rd and Crestleigh Dr G �' �� Exit 313 �' Sulphur Spring Rd from �� Route 50 to Landfill Rd Route 11 South (vicinity`of �� Shawnee Dr and Opequon Church Ln) i � / �,. �; %s221 I 37 ' � �` Intersection of Papermill Rd 4j and Route 522 1t1 � ' V �� - so � Route 37 from Extension of Warrior Dr ��.� � Exit 310 to Route 522 to Route 37 .� � - _ 11 522 _ � � Town of � �, Stephens City � Route 277 from s J Double Church Rd to Warrior Dr !szz Map Produced by Frederick County �� °�' cOOn Intersection of Warrior Dr Planning and Development and Route 277 September 1, 2016 r Q/ ��i /! f FThe Interstate 81 corridor is designated _ I � as a corridor of statewide significance as ��e� 277 pursuant of VA code 15.2 - 2232. SmartScale (HB2) Draft Proiect Prioritization 1. Route 37 extension from Tasker Road to Route 522 2. (Variation of Project 1) Route 37 extension from Tasker Road to Future Warrior Drive location combined with construction of Warrior Drive from that location to current terminus of Warrior Drive 3. Exit 317 NB exit ramp relocation to location where Redbud Road currently ties into Route 11 North combined with the rerouting of Redbud Road to Snowden Bridge Boulevard 4. Route 277 from Double Church Road to Warrior Drive, widening and access management 5. Route 11 North, widening from Snowden Bridge Boulevard to Old Charlestown Road 6. Sulphur Springs Road, reconstruction and widening from Route 50 to the landfill 7. Intersection of Senseny Road and Crestleigh Drive, turn lanes on Senseny 8. Intersection of Route 277 and Warrior Drive, extend the eastbound right turn lane on Route 277 and pedestrian safety improvements along the southern part of Warrior Drive 9. Intersection of Papermill Road and Route 522, extend right turn lane on eastbound Papermill Road * * *Items Not Requiring Action* 2. County Project Updates Snowden Bridge Boulevard: Construction is underway and on schedule at this time. Expected completion is in approximately 2 months. Tevis Street Extension /Airport Road/I -81 Bridge: The revenue sharing agreement has been executed and design is once again underway on the bridge. In addition, the traffic impact analysis that will determine the design specifics for the Airport Road is underway and a draft is expected shortly. Renaissance Drive: Transportation Partnership Opportunity Fund application has been submitted which could change the project from a grade to a bridge crossing. Staff is coordinating with CSX and VDOT to complete an MOU for the process of getting the crossing as well as determining unimproved rail crossings for upgrade. Valley Mill Road Realignment: Thirty percent design has been completed and the County's on call consultant is providing an updated cost estimate to complete design through 100 %. Upon approval by the private party partner, the next phase of design will begin. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Initial meetings regarding a draft agreement and follow up application for additional revenue sharing funds has been held with the private partner team. 3. Other JAB /dw ��,��627282�,� APPLICATION FOR OUTDOOR FESTIVAL PERM COUNTY OF FREDERICK, VIRGINIA (Please Prini� Clearlvl - - ,�>.. APPLICANT INFORMATION � Name of Applican #: TOP OF VIRGINIA BUILDING ASSOCIATION Telep#�one Number(s): 540- 665 °0365 ❑home � office ❑eel! � �� `" SAD -- e4'D� -� d home ❑office � cell Address: 1830 MILLWOOD PIKE WINCHESTER VA 22602 Contact Email: info @tvba.org FESTIVAL EVENT ORGANIZATIONAL INFORMATION Festival Event Marne of Festival: Chili Cook -off Cost of Admission to Festival: 8.00110.00 Business License Obtained: � Yes ❑ No Dates) Start Time End Time Maximum No. of Tickets +Offered For Sate Per Day Estimated No. of Attendees Per Day a i� j I `� � °'�� ciZ� j l�� Location Address: Stonewall District Ruritan Grounds owner of Property Name(s): Stonewall District Ruritan Club Address: ( *NarE: Applicant may be required to provide a statement or other documentation indicating consent by the owner {s1 far use of the property and related parking for the festival.) Promoter Name�sj: TOP OF VIRGIN[A BUILDING ASSOCIATION Address: 1$30 MILLWOOD PIKE WINCHESTER VA 22602 { *Nate: Forfestivals otherthan not - for_ profit, promoter may need to check with the Frederick CountyCommissioner of Revenue to determine compliance with County business license requirements; in addition, promoters who have repeat or ongoing business in Virginia may be required to register with the VA State Corporation Commission for legal authority to conduct business in Virginia.} Financial Backer Name(s): TOP OF VIRGINIA BUILDING ASSOCIATION Address: 1$30 MILLWOOD PIKE WINCHESTER VA 22602 Performer Name of Persons} or Gr ©up(s): THE FLASH BACK THE RUST SHAKERS (subject to change) ( *iVorE: Applicant may need to update information as perFormers are booked far festival event.) 1. 2. FESTfVAL EVENT LOCi1ST1iC5 fIVFORMATIONAND DOCUMENTATION Attach a copy of the printed ticket or badge of admission to the festival, containing the dates }and time {s} of such festival (may be marked as "sample " }. ❑ copy attached UR 8 copy to be provided as soon as available Provide a plan for adequate sanitation facilities as well as garbage, trash, and sewage disposal for persons a #the festival This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District }. Securing dumpster and trash boxes along with clean up crew. 3. Provide a plan for providing food, water, and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the VA Department of Health (Lord Fairfax Health District }. Vendors will have certification and inspection. 4. Provide a plan for adequate medical facilities for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief or Fire Marshal and the local fire and rescue company. Request EMT to be on site along with local fire department. 5. Provide a plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances, and regulations, and must be approved by the County Fire Chief ar fire Marshal and the local fire and rescue company. Al! tents to have fire extinquishers to code, Working with local fire department for protection. 6. Provide a plan for adequate parking facilities and traffic control in and around the festival area. (A diagram may be submitted.} Site survey planned for placement. 7. State whether any outdoor lights or lighting will be utilized: a YES 6 NO If yes, provide a plan yr submit a diagram showing the location of such lights and the proximity relative to the property boundaries and neighboring properties. In addition, show the location of shielding devices or other equipment to be used to prevent unreasonable glow beyond the property on which the #estival is located. Daytime so bighting not applicable. 8, State whether alcoholic beverages will be served; 8 YES ❑ NO If yes, provide details on haw it will be controlled. Servers to be at ar above legal age and double check if customer appears questionable. Wristbanded for customers with proof of age only. (NOTE: Evidence of any applicable vA ASC permit must also be provided and posted at the festival as required. Applicant may need to confirm with the VA ABCthat a license is not required from that agency in order fvrfestival attendeesta bringtheirown alcoholic beverages to any eventthat is open to the general public upon payment of the applicable admission fee,} FESTlVAI. PROVlS► ©NS Applicant makes the following statements: A. Music shall not be rendered nor entertainment provided far more than eight �8} hours in any twenty -four (24} hour period, such twenty -four X24} hour period to be measured from the beginning of the first performance at the fiestival. B. Music shall not be played, either by mechanics! device or live performance, in such a mannerthat the sound emanating therefrom exceeds 73 decibels at the property on which the festival is located. C. No person under the age of eighteen (18} years of age shall be admitted to any festival unless accompanied by a parent ar guardian, the parent or guardian to remain with such person at ail times. jNoT�: It may be necessary to post signs to this effect.) D. The Board, its lawful agents, and /or duly constituted law enforcement officers shall have permission to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance. CFRTlFlCATI ©N I, the undersigned Applicant, hereby certify that all information, statements, and documents provided in connection with this Application are true and correct to the best of my knowledge. In addition, Applicant agrees that the festival event and its attendees shall comply with the provisions of the Frederick County ordinance pertaining to festivals as well as the festival provisions contained herein. Signature of Applicant �J I� Printed Name of Applicant Date: �V�� 8I2� THE BOARD SHALT HAVE THE RIGHT TO REVOKE ANY PERMIT ISSUED UNDER THIS ORDINANCE UPON NON - COMPLIANCE WITH ANY OF ITS PROVISIONS AND CONDITIONS. ORDINANCE September 14, 2016 The Board of Supervisors of Frederick County, Virginia hereby ordains that Article V (School Buses) of Chapter 158 (Vehicles and Traffic) of the Code of Frederick County, Virginia be, and the same hereby is, enacted, as follows: CHAPTER 158 VEHICLES AND TRAFFIC Article V School Buses § 158 -19 Passing stopped school buses; penalty; prima facie evidence. A. Pursuant to the authority and provisions of § 46.2 -844 of the Code of Virginia, 1950, as amended, the Frederick County school division is hereby authorized to install and operate avideo- monitoring system in or on school buses operated by the school division or may contract with a private vendor to do so on behalf of the school division for the purpose of recording violations of subsection A of § 46.2- 844 of the Code of Virginia, which provision of the Code of Virginia has been duly incorporated by reference in § 158 -1 of this Code. B. The driver of any motor vehicle who violates subsection A of § 46.2 -844 of the Code of Virginia is subject to a civil penalty of $250.00, collected by the District Court, which penalty, when collected, shall be paid to the Treasurer of Frederick County. C. A summons, to appear in the District Court, for a violation of subsection A of § 46.2 -844 of the Code of Virginia may be executed by the Sheriff as provided in § 19.2 -76.2 of the Code of Virginia, based on information provided to the Sheriff regarding the violation, and, notwithstanding the provisions of § 19.2 -76 of the Code of Virginia, the summons may be executed by mailing by first -class mail a copy thereof to the address of the owner of the vehicle contained in the records of the Department of Motor Vehicles, as determined by the Sheriff. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle 1 at the time of the alleged violation through the filing of an affidavit as provided in subsection A of § 46.2 -844 of the Code of Virginia and (ii) instructions for filing such an affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear in the District Court on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed by the Sheriff in the manner set out in § 19.2 -76.3 of the Code of Virginia. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by avideo- monitoring system in connection with the violation. D. The term "video- monitoring system" shall have the meaning given it in subsection B of § 46.2 -844 of the Code of Virginia. Enacted this 14t" day of September, 2016. Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Blaine P. Dunn Judith McCann - Slaughter 2 Robert W. Wells Gene E. Fisher A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Jay E. Tibbs Deputy County Administrator for Human Services 540 /b65 -56bb 1~ax 5401667 -03 ?0 E -mail: jtibbs @fcva.us TO: Board of Supervisors FROM: Jay E, Tibbs., Deputy County Admitristrator for Human Services I�A'I'E: July 6, 201 G RE: Code and Ordinance and Public Safety Corrimittees Report The Code &Ordinance Committee met on Friday, July 1, 2016 at 9:Q0 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia., Code and Ordinance Corxxri�ittee members present were Blaine P, Dunn, Chairman; Robert A. Hess, Robert W. Wells, and James Drown. Committee members Derek Aston and Stephen Butler were absent. Also present �cvere County Administrator Brenda G, Garton., Deputy County Administrator Jay E. Tibbs, County Attorney Rod 'Williams, Becky Merriner, HR Director, Sheriff Lenny Miliholland, Major Steve Hawkins, Ann B. Lloyd, Clerk of the Frederick - Winchester JDR Court, Debra Bull, General District Court Clerk, Dr. Al Orndorff, Assistant Superintendent for Instruction far Frederick County Public Schools, John Grubbs, Transportation Director for Frederick County Public Schaals, Beth Brawn, Supervisor of Driver Operations fox Frederick County public Schools, and Elizabeth Keplinger, Director of Driver Training for Frederick County Public Schools. The committee submits the Poll ©wing: *'k *Iteans Requiting Board Action * ** I. Proposed Amendment to the Frederick County Code, Chapter 158, Vehicles and Traffic, Article V, School Buses; Section 158 -19, Passing Stopped School Buses; Penalty; Prima Facie Evidence; to Add this Section to Authorize the Use of a Video- Monitoring System to Record and Enforce Violations of Code of Virginia X46.2 -859, Passing a Stopped School Bt�s, (See Attached.) County Attorney Rod Williams provided a brief overview of this proposed amendment. He noted this enabling ordinance would allow Frederick County Public Schools to acquire and install video monitoring systems on the outside of their school buses to record and enforce violations of Code of Virginia X46.2 -859, Passing a Stopped School Bus, 107 North Kent Street •Winchester, Virginia 22601 -5000 Dr. Orndorff advised the school system's interest in this program is safety of the. students getting an and off of the school buses, Fallowing Dr. Orndorff, Mr. John. Grubbs, Transportation Director, gave a shoat presentation to the committee showing: National statistics regarding student injuries and deaths froth vehicles passing stopped buses; - Overview of the camera system to include mounting and sight coverage; - Haw the summons process would work once a violation has been confirmed. Mr. Grubbs reviewed results of the piilot program involving cameras on two buses. The cameras captured a total of 279 violations with 214 occurring on one bus route. It was noted that any revenue generated from the fines assessed through this program tvauld be split 75 % -25 %between the vendor and the locality with the vendor receiving 75 %. Dr. Orndorff advised this system could not cost Frederick County schools anything because they did not have any available funds to implement this program. Ms. Ann Lloyd, Clerk of the Frederick County - Winchester JDR Court, was supportive of the concept, but raised concerns about the possible strain the amount of additional summonses would put on the courts and staff Mr. Hess suggested possibly using the share of the fixnds received by the County to offset some of the impact on the clerks' offices. Upon a motion by 1VIr. Hess, seconded by IVLr. 'Wells, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a xecommetzdation of approval and with the funds collected to be used to offset a portion of the casts to the district courts. The motion was unatumausly approved, 2. Proposed Amendment to the Frederick County Cade, Chapter 19, Personnel Policies, Section 19,1 Employee Recognition Program; to Add this Seetian to Authorize the Payment of Monetary Bonuses to Cifficers and Employees, {See Attached.) County Attorney Rod `Williams provided a brief overview of this proposed amendment. He Hated this authorizing ordinance would allow for bonus payments to county employees and officers. Upon a motion by ]Vlr. Hess, seconded by Mr. Wells, the Committee forwarded this proposed ordinance to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unax�itzaausly approved. *'�'�ltems Nat Requiring Board Action's *'� 1. Review of the Committee Charted. (See Attached, The conui�ittee charter was reviewed. No changes were made to the current charter, 107 North Kent Street •Winchester, Virginia 22601 -5000 There being no further business, the meeting adjourned at 10:20 a.m. Respectfully Submitted, Code and Qrdinance Committee Blaine P. Dunn, Chairman Robert W. Wells Derek Aston By: � �� J E. Tibbs Deputy County Administxator for Human Services Attachments Robert A. Hess James Drown Stephen Butler 107 North Kent Street •Winchester, Virginia 22601 -5000 �ryJ��'�$p� ��{��y�� hy * ;;�P��i: s �f"j0.' 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' �.d Y i -. $ �� ',. lrtr _ 6 � � A 4 �! ! 4 f S , S J� { 2'} 45 �l � r°9Y } 5 5 � F 7 -! •� S*1 r -'y „l ,4t - -' i Y Z , ,,� � , i 1 _ 'L i- i 4 y f � F J ! � i i I .. .:fy t [ .. 1 '- -- i �. y S � F 4. f � J� ! � 1 h } % '' : 5 G ( / 4 .. � r r r ;. Iy 1 -� .' y �. r :x � <. r r � r- a � i. i. ..' . �,. r c '. - f ., , rF .,,...w +.? ; MEMORANDUM TO: Public Safety Committee FROM: Roderick B. Williams County Attorney DATE: lv,Eay 20, 2016 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 5401667 -0374 lrmail; rwillia @fcva.us RE: Draft Ordinance to authorize the use of a video ronttoring system to record and enforce vialatians of Dade of Virginia § 46.2 -$59, Passing a stopped school bus Frederick County Public Schools has identified an issue pertaining to vehicles passing stopped school buses, FCAS has asked for au ordinance that would authorize the implementation of avideo- monitoring system to record and enforce violations of Code of Virginia. � 46.2 -859. The system would operate � a manner similar to those used far photo enforcement ofred traffic signals: the system would genera #e a violation notice to be mailed to the owner ofthe vehicle. For your consideration please find attached a drafi ordinance. By wry of background, FCPS previously identified safety concerns in favor of the enactment of this ordinance, but the Attorney General of Virginia, in an official Opinion to Albemarle County, found that the slate enabling legislation for school bus cameras did not contain the same language as that for red light cameras aud, as a result,. violation notices could not be mailed, but would have to be personally served. This effectively rendered the school bus cameras of limited utility. Tn the 2016 General Assefnbly session, legislation passed to correct the problem {one of the patrons of the legislation was Delegate LaRock, who patroned the legislation at the County's request). Copies of the legislation are attached (the two items — Chapter 637 (S 120) and Chapter 700 (H 168) —are identical). Key poinfs of the draft ordinance include: The school division may install and operate avideo- monitoring system on any school bus operated by the division for the purpose ofrecording vialadans of Code of Virginia § 46.2 -559. The school division may contract with a private vendor to install and operate such video- monitoring systeYns an behalf of the school division. 107 North Kent Street Winchester, Virginia 22601 Any violation of Cade of Virginia, § 45.2 -859 identified through a video- monitoring system, shall subject the operator of the vehicle � a $250.00 civil penalty, pursuant to the authority granted in the Code of Virginia § X5.2- 8q- 4.(A). ® Upon occurrence of a violation, a summons may be mailed to the registered owner of the vehicle. The S�.mmons rr�ust inform the owner of his right to rebut the presumption that he was the operator at the time of the violation by submitting ar► affidavit to such effect, The owner may elect to accept the violation by paying the penalty. • In the event that the owner does not respond to the mailed summons, the ordinance, pursuant to the enabling legislation, requires that the owner then receive personal service ofthe summons. Attachments 2 VIRG�I�A ACTS QF AS�EMB�Y -- �01� SESSIQN CHAPTER. G37 An Act to amend and reenact �' 4d Z -844 of the Cade of Virginia, relating to passing stopped school buses; mailing of surrdmans; rebutting presumption. Approved April 1, 2016 CS l2 ©] Be it enacted by the General Assembly of V"u�ginia: i. That § 46.2 -844 of the Cade of Virginia is amended and reenacted as follows: � 46.2 -844. Passing stopped school buses; penalty; prima facie evidence. A. The driver of a motor vehicle appzoaching from any direction a clearly marred school bus that is slapped an any highway, private road, ox school driveway for the purpose of taping on or discharging children, the elderly, or mentally or physically handicapped persons, who, in violation of § X16.2 -859, fails to stop and remain stopped uxxtil all such persons are clear of the highway, private rand, or school driveway; is subject to a civil penalty of $25Q and any prosecution shall be instituted and conducted in the sabae manner as prosecutions for traffic infractions. A prosecution or proceeding under § 46.2 -859 is a bar to a prosecution or proceeding under this section For the same act, and a prosecution or proaeedivag under this section is a laar to a prosecution yr proceeding under § 46.2.859 for the same act, isi any prosecution for which a sumu�ons charging a violation of this section was issued within 10 days of the alleged vialatiau, proof that the motor vehicle described in the sumYnons was operated in. violation of this section, together with proof that the defendant roes at the time of such violation the registered owner of the vehicle, as required lay Chapter ti (§ 46.2 -60Q ek seq.) el=' title shall give rise to a xebuttable presuzaapt'.iaza that the registered owner of fibs vehicle was the person who operated the vehicle at the piece whero, and far the time dozing which, the violation occurred. Such presumption shall be rebutted if (i) the owner of the vehicle files an a�davrt by regular mail with the clerk of the general district court that he was net the operator of the vehicle at the tune of the alleged violation, (zr) the owner testejies in open court under oath that he was net the operator of the vehicle at the time. of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to thQ police as stolen prior to the time of the alleged violation of this section is presented prrar tri the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation, Nothing herein shall limit the admission of otherwise admissible evidence. 'The testimony of the school bus driver, the supervisor of school louses, ar a law - enforcement officer that the vehialc was yellow, conspicuously marled as a school bus, and equipped with warning devices as prescribed in § 46.2 -1p90 is prima facie evidence that the vehicle is a school bus. B. A locality may, by ordinance, authorize the school division of the locality to install and operate a video- monitoring system in or on the school buses operated by the division ar tta contract with a private vendor tv do so on behalf of the school division for the purpose of recoxding violations of subsection A. Such ordinance may direct that any civil penalty levied for a violation of subsection A shall be payable to the local school division. 1'n any locality that has adopted such an ordinance, a summons for a violtrtion of subsection A may be executed as provided in � 191 -7d.2 and, natwithstandirtg the provisions of ,� 19.2 -7G, the summons may be executed fly marling by jzrst -class mail a copy thereof to the address of `the owner of the vehicle contained irz the retards of the Department. Every such mailing shall include, tai addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection .A. and (ii) instructions for faling such an a�uiavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the ►nnner set out zit � 19.2 -76.3. Na pmteedings _for contempt or arrest of a person .rrrrnmoned by mailing shall be instituted for failure to appear on the return. dote of the summons, Any surnmans executed ,for violation a, f this section shall provide to ahe person summoned at least 30 business days from the marling of the sumrsions to inspect information collected by a video- monitoring system in connection with the violation. For purposes of this subsection, 'video - monitoring system" means a system with one or more camera sensors and computexs installed and opeznted on a school bus that produces live digital and recorded video of motor vehicles being operated in violation of § 46.2 -859, All such systems installed shall, at a m;�;�um, produce a retarded image of the license plate azkd shall record the activation status of at least one warning device as prescribed zn § 46.2 -1t)9� and the time, date, and location of the vehicle when the image is recorded. V�RG�T�A ACTS 0►F ASSEN�BLY -- Z016 SESSION CHAPTER. 740 An .SSct to aruend and reenact �' 4b.2 -844 of the Code of �rginita, relating to passing stopped school buses; mailing of summons,' rebutting presumption. [H 168 Approved April 6, 2016 Be it enacted by the General Assembly ni'Virginia: 1. 'lC`hat § 46.x$49 of the Cade of Virginia is ameQded and reenacted as follows: § 4b.�$44. Passing s #4pped scluao! bases; penalty, pruona facie evidence. A.. The driven of a motor vehicle approaching from any direction a clearly marked school bus # that is stapped� on an highvcray, private road, or school driveway for the purpose of taking an ar discharging children, the elderly, or mentally or physically handicapped persons, who, in violation of § 46.2 -SS9, fails to stop and remain stopped until all such persons are clear of the highway, private road, or. school driveway; is subject to a civil penalty of $250, and any prasecu #ion shall be instituted and conducted in the same maxuier as prosecuti.ans far traffic infractions. A prosecution or proceeding under § 45.2 -859 is a bar to a prosecution ar proceeding under this section for the seine act, and a prosecution or proceeding under this section is a bar to a prosecution ar proceeding under § 46.2859 for the same act. Iz, any prosecution fas which a suanmans charging a violation of this section was issued within #� 10 days of the alleged violation, proof that the motor vehicle described in tine summons was operated iii violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 {§ 46.2 -600 et seq.} of shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person tvlia operated the vehicle at the place where, and for the time during which, the violation occurred. Sicch presume #ion shall be rebutted f (i) the owner of the vehicle files an affidavit by regular mail with the clerk of the general district court that he vas riot the operator of the vehicle at the time of the alleged violation, Vii) the owner testifies in open court under oath that he was not the operator of the vehicle at the lime of the alleged violation, or (iii} a cert�ed copy of a police report shorving that the vehicle had bee�a reported to the police as staler prior to the time of the alleged violation of this section is presented prior to the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation. Nothing herein shall limit the admission of otherwise admissible evidence. The testimony of the school bus driver, the supervisor of school buses, or a law- enforoement offeer that khe vehicle was yellow, conspicuously marked as a school bus, and ec�pped with warning devices as pressca-a -bed in § 46.2 -7.094 is prima facie e�+idence that the vehicle is a sel�ool bus. B. A Iocality may, by ordinance, authorize the school division of the locality to install and operate a video- monitoring system in ar on the school buses operated by the division or to contract with a private vendor to da so on behalf of the school division for the purpose of recording violations of subsection. A. Such ordinance may direct that any civil penalty levied far a violation of subsection A shall be payable to the local school division, to any locality that has adapted such an ordinance; a summons for a violation of subsection � may be executed as provided in � 19.2 -7G.,2 und, nvtwithslanding the provisions of � 19.2 -76, the summons may be executed by mailing By first -class mail a copy thereof to the address df the owner of the vehicle contained in the records of the Department. Every such mailing shall include, in addition to the summons, a notice of {i) the summoned person's ability to rebut the presumption that he was the Operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection A and (ii} instructions for filing such an a�faa'avil, including the address to which the af, j`idavit is to be sent. 1, f the summoned person fails to appear Qn the date of return set out in the summons mailed pursuant to this secti ©n, the summons shall 6e executed in the manner set out in � 19.2 -76.3. 1Vo proceedings for conteritpt ar arrest of a person summoned by mailing shat,! Be instituted far failure to appear an the return date of the summons. Any summons executed for violation of this section shall provide to the person summoned at least 30 Business days from the mailing of the sacrnmans to inspect inform�rtian collected by avideo- monitoring system in connection with the violation. Far purposes of this subsection, "vidEO- monitoring system" means a system with one or more camera sensors and computers installed and operated az, a school bus that produces live digital and recorded video of motor vehicles being operated in violation of § 46.2 -$S9. All such systems installed shall, ak a mirtinauixa, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in § 46.2 -1090 and the time, date, and location of the vehicle when the image is reworded. w�� P i �� J! • + IYf�YI� ij M�1ii �.� ��a�;'1 iii � �� { RESOLUTION FISCAL YEAR 20'16 -2017 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2 -2507 ofi the Cade of Vir inia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on September 14, 2016, took the following action: NOW, THEREFORE, BE 1T RESOLVED, by the Board of Supervisors that the FY 2016 -2017 Budget be Amended to Reflect: The Winchester Re Tonal Air art Executive Director Re uests an FY17 Air art Capital Fund Supplemental Appropriation in the Amount of $4,206,400. This Amount Represents the Airport Capital Budget for FY17. Upan motion made by appropriation was Charles S. DeHaven, Jr. Gary A. Lofton Robert A. Hess Robert W. Wells and seconded by the above budget amendment and supplemental by the following recorded vote: Blaine P. Dunn Gene E. Fisher Judy McCann - Slaughter A COPY ATTEST: Brenda G. Garton Clerk, Board of Supervisors County of Frederick, Virginia Resolution - Fiscal Year 2016 -201T Budget Amendment Board of Supervisors Meeting of September 14, 2016 Page 2 Attachments cc: Renny Manual, Airport Director Cheryl B. Shiffler, Finance Director C. William Qrndoff, Jr., Treasurer U: ITJPIresolutionslBudgetAmendmnt( FY2016- 2o17( DevelopmentProjects )091416BdMtg),docx COUNTY of FREDERICK Finance Department Cheryl B, Shiffler Director 540f665 -5610 Fax: 5401667 -0370 E -mail: cshiffleLa�,fcva,us 70: Board of Supervisors FROM; Finance Committee DATE: September 7, 2016 StJB1ECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 17, 2016 at 8:00 a.m. Member Angela Rudolph and non - voting liason C. William Orndoff, !r. were absent. O Items 8, 9, 12, 13, and 14 were approved under consent agenda. 1. The Parks and Recreation Director requests an FY17 General Fund supplemental �propriatian in the amount of $13,163. This amount represents a carry forward of unspent FY16 funds for the completion of phase one development at Rose hill Park, See attached memo, p. 5. The committee recommends approval. 2. The Parks and Recreation Director requests an FY17 General Fund supplemental a�pr_opriatio_n in the amount of $4.111,71. This amount represents a carry forward of unspent FY16 funds for the completion of the Sherando Park Master Plan update. See attached memo, p, 6. The committee recommends approval. 3. The NRADC Superintendent requests an FY17 NRADC Fund supplemental appropriation in the amount of $105.475.42. This amount represents the first band payment for the security system upgrades. See attached memo, p. 7. The committee recommends approval. 4. The Winchester Regional Airport Executive Director requests an FY17 Airport Capital Fund su lemental a ro nation in the amount of 4 206 400 and an FY17 General 107 North Kent Street � Winchester, Virginia 22601 Finance Committee Report and Recommendations August 17, 2016 Page �2 Fund supplemental appropriation in the amount of $157.333. These amounts represent the Airport Capita! budget for FY17 and the local contribution. The Airport Capital request requires a public hearing. See attached information, p. 8 — 24. The cammittee recommends approval. 5. The IT Director requests an FY17 General Fund supplemental appropriation in the amount of $108,032. This amount represents a carry forward of unspent FY1£ funds for the data center refresh lease. See attached memo, p. 25. The committee recommends approval. 6. The Public Works Direetor requests an FY17 Landfill Fund supplemental appropriation in the amount of $15.000. This amount represents a carry forward of unspent FY16 funds for chiller repair on the landfill gas treatment skid. See attached memo, p. 26 — 27. The cammittee recommends approval. 7. The Public Vdarks Director requests an FY17 General Fund supplemental appropriation in the_a_mount of $12,560. This amount represents funds far a scanner lease and software. See attached memo, p. 2$ - 42. The committee recommends approval. 8. ( }The Sheriff requests an FY17 General Fund supplemental appropriation Inthe amount of $100. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p. A3. 9. (�) The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of $300. This amount represents a donation to DARE. No local funds required. See attached memo, p. 44. 10. The Sheriff requests an FY17 General Fund supplemental appropriation in the amount of 20 flOfl. This amount represents career development funding that was inadvertently omitted from the FY17 budget request. Local funds are required. See attached memo, p. 45. The cammittee recommends the department transfer within current budget. No action required. �n��HES�� r�n�a� �iR�o�� 491 A1RP4RT RC)AQ WINCHESTER, V1RGlNIA 22eQ2 {54Qj 862 -578fi Cheryl 5hiffler, Finance Director County of Frederick 107 North Kent Street Winchester, Virginia 22601 July 18, 2416 RE: FY 2017 Capital Budget Request Winchester Regional Airport Authority Dear Ms. Spiffier: Enclosed is the Winchester Regional Airport budget request for the Capital Budget for FY 2017. The Winchester Regional Airport Authority will begin the annual financial audit process far FY 2016 performed by Robinson, Farmer Cox Associates of Charlottesville, Virginia sometime over the next several months. Upon campketion of the audit, we wiU immediately mail the year -end financial statement to your office. The development of the capital budget has been coordinated closely with representatives from the Federal Aviation Administration and the Virginia Department of Aviation far FY 2017 to maximize potential grant funding. This capital budget request for FY 2417 includes projects carried aver from FY 2016 which are already under a federal andlo► state grant ar pending grants. The funding participation and continued support provided by the County of Frederick and the City of Winchester is invaluable and vital to the continued success of Winchester Regional Airport's capital development program. Jurisdictional ongoing contribution and support of the Winchester Regional Airport Authority ensures continued success in acquiring Federal and State funding for large capita! improvement projects for development. Should you have any questions or need additional copies, please do not hesitate to contact my office. Sincerely, Serena R. Manuel Executive Director Enclosures EC: Mary Blowe, Finance Director City of Winchester w /encl Kris Tierney, Deputy Administrator Frederick County wlencl Eden Freeman, Manager Gity of Winchester wlencl Winchester Regional Airport Authority BUQG�T PF��PC�SAL .. City: � County Revenue Shares Adjusted Based On 11Veldvn Coopsrr Center papuiation: estimate for 2Q15 pubPi�hed 1/27/201 fi FY 2017 - Budget +CAPITAL IMPROVEMENT FUND 85 Original Submission: Couniy of Frederick City of Winchester Counties of Clarke, Shenand ©ah &Warren 7/18/2016 9 Fund 85 - Capital Budget Request - FY 207 7 �� '7 14,��i�1L ��IIPF��1111��T� 1�I��IL �(��1F� �U�G�T �CIE�'4J��1� AIRPORT AUTHO131TY CAPITAL OUTLAY ACQUIRE [r4Nf) t_and Acquisition of numerous parcels along Buttlicfc {load identified on the current Airport Property Map are included in the Airport Twenty -Year Master Plan and is to be acquired fee simple to meet Federal Aviation Administration design standards for Runway 14 Safety Area and for Noise Abatement. Under the Federal Aviation Administration`s Part 77 Surface Requirements, tha Airport fs required tp awn fee simple property within the Primary Surfaces. This requirement is also included in the Code of Virginia 15.2. RUNWAY 14 APPROACH LAID ACQUESITION ENVfRONMENTAL ASSE55MENT: Over the past several years, the Airport Authority has been acquiring land adjacent to the airfield with the goal of securing fee simple ownership of the Runway Protection zone and to secure easement rights to remove and control oktstructions to the airport's airspace. G{)At"S: The original environmental assessment for this action was completed in the early 1990's. Due to Provide a safe, efficient ail weather facility to meet current and future demands its age and changes to aviation the implementation of CPS) the Federal Aviation Administration for air transportation as the community continues with economic development is requiring that the environmental effort be revs`sited to update based nn changes that have end growth. Continue developmenE in accordance with the Twenty -Year Master Plan occurred since the early 1990s. adopted October 2005. NORTH 51DE CONNECTOR - BIDDING & CONSTFiUCTfON PHASE: This project proposes to desigN construct a new taxiway connector and a short partial parallel taxiway an the northwest side of the airfield. the connector would access the runway at the end of Runway 14 and the parallel taxiway would connect to the proposed furture apron and hangar development area on the northslde of the airfield. This project is part of the airport Twenty -Year Master Plan adopted in Octat�er 2005. MAINTENANCE ITEMS: This item will aroyide for the general maintenance of ellgibie Airport faciNties including vegetarian, lighting and navigation equipment, pavement upkeep and airfield maintenance. Mast maintenance items are funded on a 5tate/Local level an a 80/20 basis. FY 2015 FY 201' 6 EY 20� i FY 2015 FY 2Di 6 FY 2017 BUDGET BUDGET �UDGE,T BUDGET 8UDG1 =T �l1DGE'T C05TS: F� EVlEf�Il3 RrS: Personnel 0 4 0 Other Jurisdictions 39,i 18 28,652 59,895 Operating 0 0 0 State /Federal 4,950,f300 3,495,889 3,989,172 Capital 5,070,000 3,588,459 4,206,400 County Funding 80,282 63,818 157',333 TOTAL 5,070,000 3,588,459 4,206,400 TOTAL 5,070,000 3,588,459 4,205,400 7/1 812 01 6 Fund 85 - Capita! Budget Request - FY 2017 F� 201 - ��pip►L l�P��VE�E�T RE�iEN�JE� Winchester Rec�iOnal Airi�Ort .tuly 217, 2(D16 REVENUE SOURCE Description FEDERAL STATE LOCAL TOTAL Acquire Land - Parcel 64 A 69: Robertson 90!812 FAA/State/Local 190,i3D0 16,960 4,241] 212,000 Acquire Land -Pane! 64B A 33A: Beaver 9D/8/2 FAAIState/Local 157,SDD 14,444 3,500 175,OD0 Acquire Land - Parce164 A 66: Nesselrodt, Lawrence gD18/2 F,gA/State /Local 247,540 22,004 5,500 275,0{)0 - Parcel 84 A 70: Marston and Ha nesd Y 9411312 FAA/5tate/Local 225,OD0 20,000 5,DQD 25D,D00 Acquire Land - Parcel 64 A 71: Marston and Haynes gD18 /2' FAAIStatelLocai �15,D0D 4,004 1,00D 50,DD0 Genera! Aviation Terminal Building Study 8012D State /Coca) D 52,04D 13,D00 65,4DD North Side Connector - Design Phase 9018/2 FAA/5tate/Local 4,86D 432 108 5,40D l= nvironrnental Assessment - RW 14 Ohstruction Remvvaf 9D /B!2 FAAIStatelLacal 66,600 5,92D 1,48D 74,0417 Acquire Land - Parcel 64B A 40: Rosenberger g0 /812 FAA /State/Locaf 157,500 14,040 3,500 175,000 Acquire Land - Paroel fi4B A 5i: Mareland 901812 FAA/State/Local 211,500 18,800 4,7D0 235,DD0 North 5fde Connector - Construction Phase 94/8!2 FAA/5tatefLocal 1,710,000 152,4(}0 38,OD0 1,900,000 North Side -Gas Main Relocation gOf8/2 FAA/State/Local -ONLY IF FAA FUNDING 36D,D00 82,000 8,000 400,D00 BECOMES AVAILABLE Professional Services - Capita! Projects LOCAL ONLY 0 4 140 004 140 040 711 si2o�s �� 6 Capital Revenue FY 2�?'17 - CAPITAL IMPROVEMENT REVENUES Winchester Re Tonal Air ort .#uly 20, 2016 REVENUE SOURCE Description FEDERAL STATE LOCAL TOTAL Survey Runway 14/32 Approaches 8D /2D State/Laca! D 64,000 16,000 80,D00 Land Svcs - Runway 14 RPZ 8 Approaches {BRIDG>; LOAN) 80120 BRIDGE LOAN 0 128,000 32,ODD i60,D00 Refund BRIDGE LOAN (Runway i4 RPZ & Approaees 90% FAA Funding to reimburse 2017 Bridge Loan 144,000 (115,2D0) {28,800) 0 State Eligible Annual Maintenance Repairs 80/2A StatelLocai 0 28,000. 7,000 35,000 State Eligible Annual Maintenance Repairs 80/2D State/Lacal 0 12,000 3,D00 15,OOD Total Revenue 9reakdown 3,520,260 468,912 217,228 4,206,400 Local Revenue Breakdown Con #ribution Clarke County 2,500 Contribution Warren County D Contribution Shenandoah County 5,000 Frederick Co/Ciry of Winchester 2{i9;726 Local Revenue I 217.226 County City 75.0% 25.0% 157,333 52,395 County City Population Population Total Population ' °'Population irgures based on Weldon Cooper estimates -:for 2015 published 1127f2016 82,623 27,515 110,138 FY 2D17 Percentages far funding -. � 75.Q °I°- 25:0 °l° 7/' 116 � Capital P sue �� 20�� - �a�r�r�L �n��R ®�r�n�� c��ru�w�ru��s July 20, 2016 l�ilinchester Re Tonal Air �rt Qescription t3ETAIL AMOUfuT TOTAL AMOtJIVT Acquire Land - f arcel 64 A 69: Rabertsan g,alance faruward from FY 2016 $2�2 +gip ;�212�{�pp Acquire Land - Parcel 64B A 33A: Beaver Balance forward from FY 2016 $� 75,t#00 $175,0 Acquire Land - Parcel fi4 A 66: fVesselradt, Lawrence Balance forward from FY 2016 $275,OOD $275,a0U Acquire Land - Parcel 64 A 70: Marston and Haynes Balance forward from FY 2416 $250 000 + $25D,QQt) Acquire Land - Parcel 64 A 71: nnarston and Haynes Balance forward from FY 2015 $50,000 $Sp,Qp,p Genera! A,viatian Terminal Building Study Balance forward from f=Y 20i6 $55,000 $65 qq� fVorth Side Connector - Design Phase Balance forward from FY 2016 $5,400 $5,4oQ Environmental Assessment - RW 14 Obstruction Removal Balance forward from FY 2016 $74,0®0 $74,QOC1 Acquire Land - Parcel 64B A 40: Rosenberger Land Acquisition - Runway 14 Obstruction Removal $'E75 000 $175,Ot)U Acquire Land - Parcef 6413 A 51: Moreland Land Acquisition - Bufflick Road $2�5,Ot70 $235,Q00 iVorth Slde C4nneCtpr - COn5trUCtiOn Pflase North Side Connector - Garrstruction Phase $1,�0 ®,000 $1,9Dfl,{?t74 Norfh Side -Gas Main Reiocatinn tVarth Side Retacation of Cos Main $400,000 � $400,tj00 Professional Services - Capital Various legal services, independent fee estimates an Projects Federal projects, etc, $'�� $10o,a0Q 7!18/2016 ��6 Capita! Expenditures FY 2017 - CAPITAL IMPROVEMEf�T EXPEi�[�ITURES Jvly 20, 2016 1Ninchester Re Tonal Air art Description DETAIL AMOUNT TOTAL AMOUNT Survey Runway 14132 Approeches Of,�struetion survey $84,444 $80,000 Land Svcs - Runway 14 RPZ & Land Acquistion - Runway 14 RFZ Fee Simple and $160,400 $i 80,000 Approaches (BRIDGE LOAN) .Easements for Obstruction Removal Refund BRIDGE LOAN (Runway 14 Reimbursement to State & Locai upon receipt of >=AA funds $d $0 RPZ $c Approaces for land aoquistion services Runway 14 RPZ State Eligible Annual Maintenance General Repairs $35,404 $35,000 Repairs State Eligible Annual Maintenance P � E repairs, lighting supplies, etc $15,400 $15,(}00 Repairs TOTAL $4,246,440 $4,206,440 7/� �1 B 5 Capital Expe� res `• � , • ..� ��_., 15 a r 1 f 3 l F 17 bRAwING: OKV Sketch Land VA6 r ,. rr.w.d�lleairA evl.cam LAY0�17 L1 5 ti �_� y Z __�_ {.g_/_. �� f -- _. � � l 4 � .� PROPQSEl7 RUNWAY PROTECTION ZONE_ VISgBfLiTY � �%4 MILE 1,aaa' x1,51 a'x1,7aa' __J '� 4� � '-LAND ACQUIS3TfON (E=EE SIMPLE), AVIGATIdN THREE Ph,RCELS (e�NE FULL_, TWO PARTIAL) EASEMENT ACQU 151 T101�, SIX PAR GELS �_ �� ti ` EXIST�NG AIRPORT PROPERTY LINE coo a �oaa �aaa PR��ECT: EA FOR QBSTRUCTIflN REMOVAL AND LAND ACQUISITION scALE: � " =�aao' FEET FY 2014 — MAY VAB WINCHESTER REGIC�NA� AIRPORT, WINCHESTER, VIRGINIA PRAWN 8Y: RW41 CHkC10EO eY: MAP SCALE: Z "� -In4 ©� OA7E: MARCH 2074 �xl -TIT 1 �. n ten/ �_. �.___� _� .— — ..,..`pf __._�v� - -__m _e._- ..b...__.`__.o.a.�__� _ ...- .s__�v._ -� � - - __� J � '� - ` " �: _.. - r'. 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FGYLSVM � �T t� bIMw R: yew' '•iryc .� kA RM! 19 AIRPORT CAPITAL fMPRC71/EMEI'�T PLr�f\I THR ®UCH F'Y 2Q�4 Payer f of 4 �� 1�� oI�R. �E�� PROJECT PESCRIPTTOrd FAA FISCAL YE&R TQTAt_ CAST FEDERAL FUNDS STATE FUNDS LOCAL FUknS REIIAARiCS //��q *q ��aJ1A Acquire Land - Parcel 64A 69: Robertson Acquire Land - Parcel 64B A 33A: Beaver Acquire Land - Parcel 64 A 67: hlo5salrodt, Lavrrance K 2017 2417 2D17 CF $212,040 CF $175,044 CF $275,DD4 $180,900 $157,544 $247,50D $1ii,960 $14,004 $22,004 $4,240 $3,5D0 $5,500 90!9/2 FAAlStatelLocal 9018/2 FAA1StatelLocal 90!812 FAA/StatelLocal Acquire Land - Paroet 64 A 70: fvlarstonlHaynes Acquire Land - Parcel 64 A 71; MarstonlHaynes Ptaw General Aviation Terminal Svilding Study 2417 2017 2017 CF $250,000 CF $50,D04 CF $65,040 $225,D00 $45,000 $0 $20,000 $4,OOD $52,000 $5,Q00 $1,OD0 $13,404 90/912 FAA15tatefLocal 9p /pV2 FAA/StatelLacal 90/24 State /Lace! Forth Side Connector - (Qesign) Environmental Assessment - Runway 14 Obstruction Removal 2017 2417 CF $5,400 CF $74,004 $4,960 $fi6,fiUp $432 $5,920 $108 $1,490 90P8f2 i= AA/StatefLocal 90!8!2 FAAfStatelLpcal Acquire Land - Parcel 64R A 44: Rosenberger Acquire Land - Parcel 64B A 51: Moreland (C}fd 50j 2017 2pi7 $175,000 $235,000 $157,544 $2i 1,500 $14,1H}D $19,1300 53,$40 $4,700 90!9/2 i= P,ArstetelLocal 9418!2 FAA/StatefLoeal North Sida Connector - {Canstrvction) 2pi7 $1,904,400 $1,710,000 $152,000 $38,400 94!9!2 FAA1StatofLoeal IVarth Side -Gas Main Retxatipn 2017 $440,040 $960,404 $32,004 $g ppp 9418/2 FAA/StatelLaaal, I! FAA funding available Profiessianal Services- Capital Projects 2017 $144,000 $p $0 $140,400 Lpcal aniy Survey Runway 14 -32 Approaches (Obstructions) 2077 $90,OOD $fl $64,D00 $16,0tJ0 9Dl20 StatelLoeal Land Services - Rurrvvay 14 RPZ &Approaches {BRIDGE LOAN) 2417 $t6p,000 $o $128,400 $32,400 80!20 StatefLocal SRtpC3E LpAN Grid a Loan Refund Runwa i4 €iPZ � A roaches 9 f y pp ) 2017 $0 $144,04D {$1 i5,2D0} {$28,80pj 9D% TAP` funds to reimtwrsa 2017 Bridge Loan State Eligible Annual Maint Repairs - General 2017 $35,4)rJ0 $0 $29,000 $7,000 80120 State/Locaf State Eligible Annual Nfaint Repairs - F � E Lighting 2017 $15,000 $0 $12,D03 $3,000 80.120 5latefLoca, 21 11�odofied - Ar7ASiER PLA�9 - FY �01� Master Plan Project List Update �4 Pag+v 2 taf 4 PFiGJECT 4ESGAfPTl6% FAA FISGAL YEAR T6TAL GOST FERERAL FUNAS STATE FIJD445 LOCAL FU%[YS REARARKS Acquire Land - Pareef 64 A 64: Hott (Old 65} 2018 $275,000 $247,500 $22,IX10 $5,506 901812 FA14/SiatelLncaf Acquire Land - Paroel Fro A 66: Cooper (Qld B1} 7_018 $275,000 $247,500 $22,000 $5,500 90f812 FAA15tatalLocal iVetu General Aviation - emtinaf Building - t]esign 2D18 $300,000 $fl $225,000 $75 OBI 75!25 siatelLocel assumed public /private Space lltill2atFOn New General Aviation Terminal tuilding - Site (pesign} 2018 $80,000 $0 $64,COD $16,000 86/20 statefLocal assumed public /private Space utilization Fuel Storage Facility - Design/Build 2018 $1,000,040 $800,DD0 $Bp,00p $26.006.901812 " FA/ /BtatelLocal - assumes retocatian �s driven by other AIP projeet fiemerk Runway 14!32 2D18 $16D,060 $0 $8,060 $92,ODD 86!20 State /Local �� North Side •Service Flood (i7esignlBuiid) 2019 $464,D00 $360,000 $32,000 $8,000 90f812 FAAIStatelLocal New Gensrai Aviation Terminal Building - Gonstruction 2019 $2,000,000 $0 $1,500,000 $500 000 75125 stata/Local assumedpublic /private space utilization New General Aviation Terminal - Fumiture Plan (Administrative} 2019 $30,000 $0 $0 $30,000 1 fi0 "/a Local only New Genera! Aviation Terminal - Furniture Ptan (Public Areasj 2019 $50,006 $0 $50,000 $D 10D °lo State New General Aviation Terminal guitding A Parking Lot -Site iPJork (Construction} 2020 $12$O,D00 $0 $1'000`000 $250,060 8012fl statelLocal assumed public /private space utilization Taxiway A Ae{ocatian - Section I - (Design Phase} 2019 $200,D00 $180,000 $16,000 $4,000 90/612 FAAfStatelLocat �� Taxiway A Relncation - 5ect3on I - (C4nstnsctian Phase} 2020 $4,SOD,040 $4,650,600 $360,000 $90,OOD 901812 FAAJState/Local New Terminal t3uficting Opening Geremvny 2020 $10,000 $0 $5,640 $5.000 50150 State /Local Taxiway ARelocation - Section II - {t]esign Phase} 2020 $'t5D,06p $135,1100 $12,OOD $3,D06 9D1812 FAA/StatalLocal f�Padif�ed - 11�ASTER PL,4iV - FY 2017 il�aster Plan Project Lisf Uj: 1 � Path. c � df 4 23 Modified - MASTER PLAN - PY 2017 Masfer Plan Project List Update 1� FAA PRbJECT IJESGfltPTfOAi €15CAt, TOTAL C�57 FEtiERAL FllNd�u STATE FllNdS L4CA,L FUNdS iiE�9,Rl�t(g YEAR �� Taxiway A Relocation - Section it - (Construction Phase) 2fl21 $1,100,040 $390,0[10 $Bg,040 $22,400 90/812 FAA/Stata /Local Taxlway A Relocation - Secton III- (Design Phase) 2021 $150,000 $135,000 $12,000 $3,000 901802 FR,4fStatelLc�eal �� Taxiway ARelocation - Section !II - (Construction Rhasej 2022 $1,100,000 $930,000 $88,400 $,2,000 80J8/2 FAAlSkate/Local Taxiway A Rslocatidn - Sectlon IV - (Design Phase) 2422 $150,000 $135,400 $12,000 $3,000 90d8/2 FAA/State/Local �� Taxiway ARelocation - Section IV - (Constrtictivn Phase} 2023 $1,100,000 $990,000 $86,000 $22,000 9018/2 FAA15tate/Lacal Taxiway A Relocation - Sectlon V 8 TW C Shoulders 2023 $1,200,040 $1,080,000 $96,000 $24,000 90/Bf2 FAAIStata/Local �� Acquire Land - Parcel 64 A 59: Kyle (04d fi9j 2024 $300,[)00 $270,004 $24,D00 $6,040 9018/2 FAA/Stato/Local Acquire Land - Parcel 646 A 52: Lee (Old 641 2024 $340,400 $270,440 $24,404 $6,044 90!812 FAA/StatelLoca# 0 0 $0 $0 $0 $0 0 ACID Grartc4 Total x,24,226,4@4 $14,5tiD,2G0 $4.296,912 $1,429,228 23 Modified - MASTER PLAN - PY 2017 Masfer Plan Project List Update 1� Page 4 Df 4 PROJECT OESGRIPTfO#1 I � �C � � TQTAI. COST � fEQEAAL FUNDS I S7AiE FUh4S I LOCAL FUNDS I REMARKS MASTER PLAN PROJECT LIFT BY FISCAL YEAR TOTAL FAA STATE LOCAL TOTAL BUrJCaET SUMMARY BY FiSGAL YEAR 2817 $4,208,40b $3,520,260 $468,912 $217,228 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2018 $2,030,400 $1,395,000 $421,000 $214,000 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2019 $3,934,080 $540,000 $2,698,D40 $792,000 TOTAL 6UDGET SUMMARY BY FISCAL YEAR 2420 $4,fifi0,000 $4,185,848 $377,D08 $96,p80 TOTAL BUDGET SUMMARY BY FISCAL YEAR 2021 $1,254,880 $1,125,040 $108,000 $Z5,p00 TOTAL BU[HYET SUMMARY BY FISCAL YEAR 2022 $1,254,000 $1,1Z5,OOD $108,008 $26,080 T07AL BUDGET SUMMARY BY FISCAL YEAR 2023 $2,300,800 $2,070,000 $184,088 $46,D00 TOTAL BUDGET SUMMARY BY F15CAL YEAR 2024 $fi00,040 $540,000 $48,000 $12,000 IACIP GRAND TOTAL � I I $2Q,225,4bN I $14,5bb,25b I - 54,296,912 I $i,a29,228� Modified - MASTER PLAN - FY 2C}17 Master Plan Project List OF 14 410 Cod CONDITIONAL USE PERMIT #06 -16 w �� Borden Real Estate, LLC �� Public Garage (with Body Repair) w � � ; � Staff Report for the Board of Supervisors ��;;;a Prepared: September 1, 2016 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: 08/03/16 Board of Supervisors: 09/14/16 Action Public Hearing Held; Recommended Approval Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request to update and amend Conditional Use Permit #001 -90 for a Public Garage (with Body Repair) by deleting the following conditions in an effort to re -open an existing public garage: Condition 3 This will be a one -year permit to be reviewed annually. Condition 4 If the use, occupancy or ownership of property changes, this conditional use permit will expire and a new conditional use permit will be required. Conditions 3 and 4 would no longer be required by Frederick County as a result of these two conditions a new CUP would be required. The original conditions are included for your reference. Should the Board of Supervisors find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday through Saturday. 5. No more than four (4) employees allowed. Page 2 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. 11. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height Following this public hearing, a decision regarding this Conditional Ilse 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 3 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 LOCATION: This property is located at 151 Conestoga Lane, Stephens City, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 85 -A -5 PROPERTY ZONING &PRESENT USE: Zoned: RA (Rural Areas) Land Use: Public Garage with/body repair (inactive) ADJOINING PROPERTY ZONING &PRESENT USE: North: RA (Rural Areas) Use: Church South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: Conditional Use Permit for public garage with body repair. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the Conditional Use Permit Application at 151 Conestoga Lane, Stephens City, Virginia to operate as a public garage with body repair. This office has no overall objection to this Conditional Use Permit Application. I would like to note that the existing private street connection for Conestoga Lane to Route 11 is being upgraded as part of a site plan for Lighthouse Full Gospel Church. A VDOT Land Use Permit for this project is currently active. We encourage the Applicants of this Conditional Use Permit to work together with the Church for the construction of the entrance improvements. Winchester- Frederick Countv Health Department: The Frederick County Health Department has no objection as long as the conditions of the operating permit are met (cannot exceed four full time occupants and six maximum employees). Frederick Countv Fire Marshall: Plans disapproved: Access road marked as "Asphalt Driveway" does not meet width of 20' requirement as per 2012 Frederick County Fire Prevention Code; 503.2.1 Dimensions. At least 1 smoke detector shall be in all areas this permit references Page 4 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 At leastl -5 lb ABC fire extinguisher with 75' of all areas that this permit references Please note amended Fire Marshall revised comment dated June 22, 2016, approving plans for this use. Frederick County Inspections Department: Conditional Use request to use existing residential garage for commercial use. The area utilized shall comply with The Virginia Uniform Statewide Building Code, Virginia Mechanical Code 2012, and ANSI A117.1 -09- Accessible and Usable Buildings and Facilities. Please submit a permit application for the change of use. Please include a floor plan of the current garage layout and a future floor plan of the proposed layout. Accessible parking shall be provided per ANSI A117.1 -09. Accessible route from parking area /unloading to entrance shall be provided. Final inspection /approval with certificate of occupancy shall be issued prior to new use of the facility. Public restroom facilities shall be provided within 500'. Other S -1 garage, CO Dated 1990 shall be maintained under the 1987 VUSBC as required in the Virginia Property Maintenance Code 2012. No change of use required for garage labeled 153 Conestoga Lane on site plan. Winchester Regional Airport: No impact -no comments needed. Planning and Zoning: This is a request to update and amend an existing Conditional Use Permit for a public garage. This property is subject to conditions of CUP #001 -90 approved by the Board of Supervisors March 28, 1990, for a public garage. Currently, this public garage has not been in operation but meets all of the requirements of the conditions of CUP #001 -90. However, there are two (2) assigned conditions of CUP #001 -90 that will require a new CUP: Condition 3 This will be a one -year permit to be reviewed annually. Condition 4 If the use, occupancy or ownership of property changes, this conditional use permit will expire and a new conditional use permit will be required. Conditions 3 and 4 would no longer be required by Frederick County as a result of these two conditions a new CUP would be required. The original conditions are included for your reference. This use will be conducted on a five acre parcel in two (2) structures approximately 3,250 and Page 5 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 4,850 square feet in size. This use will be approximately 500 feet or more from any adjoining structures and properties. The structures were used as part of approved CUP # 001 -90. All repair work will be conducted within the enclosed garages. STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/16 MEETING: Staff reported the property is located at 151 Conestoga Lane, Stephens City and is currently zoned RA (Rural Areas) and the current land use is a public garage with body repair which is inactive. Staff continued this is a request to update and amend an existing CUP (Conditional Use Permit) for a public garage. Staff explained this property is subject to conditions of CUP #001 -90 which was approved by the Board of Supervisors on March 28, 1990. Staff noted this public garage has not been in operation however it meets all of the requirements of the conditions set forth with CUP #001 -90. Page 6 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 Staff reported there are two assigned conditions of CUP #001 -90 that need to be removed and therefore a new CUP is required: • Condition 3 —This will be a one year permit to be reviewed annually. • Condition 4 — If the use, occupancy or ownership of the property changes, this CUP will expire and a new CUP will be required. Staff noted CUP's convey with the property and therefore conditions such as 3 and 4 are no longer recommended by Frederick County. Staff reviewed the conditions recommended for the current CUP #06 -16: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7 a.m. — 7 p.m., Monday — Saturday 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles waiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to an approved by Frederick County and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new CUP. Staff noted the Applicant would like to add a Cottage Occupation sign as condition #11 if possible. A Commission Member inquired regarding Condition #8; does this mean five (5) vehicles outside of the structure? Staff stated the five (5) vehicles does mean outside of the building. The Applicant came forward for questions. He noted he is satisfied with the conditions set forth by Staff. A Commission Member asked if there is an existing six (6) foot fence in place. The Applicant explained there is a large hedge and concrete wall but here is no fence at this time. A motion was made, seconded, and passed by unanimous vote to recommend approval of CUP #06 -16 for Borden Real Estate LC with the addition of Condition #11 for a Cottage Occupation sign. Page 7 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 Abstain: Oates Absent: Manuel and Molden CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request to update and amend Conditional Use Permit #001 -90 for a Public Garage (with Body Repair) by deleting the following conditions in an effort to re -open an existing public garage: Condition 3 This will be a one -year permit to be reviewed annually. Condition 4 If the use, occupancy or ownership of property changes, this conditional use permit will expire and a new conditional use permit will be required. Conditions 3 and 4 would no longer be required by Frederick County, as a result of these two conditions a new CUP would be required. The original conditions are included for your reference. Should the Board of Supervisors find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday through Saturday. 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. Page 8 CUP #06 -16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 10. Any expansion or change of use will require a new Conditional Use Permit. 11. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height 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. �� rvri tmuusu�ay �iyn� visu�u� M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) f �� .� � �7 i i , 1 ? CUP #06 -16 Borden Real Estate, LLC PIN: 85 -A -5 Public Garage with Body Shop Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 27, 2016 Staff: mcheran 0 125 250 500 Feet T April 2, 1990 Roy R. & Patricia G. Beatty Route 2, Box 289 Stephens City, Virginia 22655 COUNTY of FREDERICK Department of Planning and Development 703!665 -5651 FAX 703/667 -0370 Dear Mr. & Mrs Beatty: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 28, 1990: Approval of Conditional Use Permit X001 -90 of Roy and Patricia Beatty for a garage with body repair. This property is located 1 and 3/4 miles on Route 11, south of Stephens City on the west side in the Opequon Magisterial District and is identified as parcel 5 on tax map 85. This conditional use permit is issued with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be maintained as long as such exterior storage is conducted. 3. This will be a one -year permit to be reviewed and renewed annually. 4. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 5. Hours of operation shall be limited to 7:00 a.m. until 7:00 p.m., Monday through Saturday. 6. Adequate health facilities that meet code requirements must be provided. 7. Retailing or wholesaling of used vehicles will not be permitted from this site. 8. No inoperable vehicles will be stored on the site. 9 Court Square P.O. Box 601 Winchester Virginia 2,601 - Page -2- Beatty March 30, 1990 If you have any questions regarding this conditional use permit do not hesitate to call this office. Sincerely, �� /� f�f r�� W. Wayne Miller Zoning Administrator k►WM/ s lk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue Office George Whitacre, Clerk of Circuit Court William C. Orndoff, Jr., Treasurer - ---r } ��. ,. rv.,,aw r. .. -. J{�PJ ? ? 206 Submittal Deadline � s ` � �" ,`�� - - --,-- P/C Meeting �� -� � � � �, B ®S Meeting �=� � c �( � � `, APPLICA'11�1aT F ®IZ C ®NI;I�: �_ ®NEIL USE PENIYIIT FRI?,I)ERICI� C ®LINTY, VIItGINIEI I . Applicant (check one): Property Owner �✓ __ ®ther �_ NAME: Borden Real Estate, LLC - Clifton E. Borden (Manager) ADDRESS: 308 Saint Andrews Court, Winchester, VA 22602 TEI,EPI� ®NE: 540- 974 -8542 2. Please list all owners, occupants, or parties in interest of the property: Borden Real Estate, LLC. Clifton E. Borden, manager 3. The property is located at: (please give exact directions and include the route number of your road or street) 151 Conestoga Lane, Stephens City, Va 22655 From intersection of Route 11 (Main St.) and Fairfax Street in Stephens City, head south 1.8 miles on Route 11 property will be on the right (Conestoga Lane). 4. The property has a road frontage of 32s.o6' feet and a depth of 552.x1' feet and consists of 5.415 acres. (Please be exact) 5. The property is owned by Borden Real Estate, LLC. aS evidenced by deed from Daniel and Gayle Ridings (previous owner) recorded in deed book no. 16000z517 on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Property Identification Number (P.LN.) x5 -(A) -5 Magisterial District sack creek Current Zoning RA 7. Adjoining Property: North East South West USE Z ®NING Church RA Agricultural RA Vacant RA Agricultural RA 8. The type of use proposed is (consult with the Planning Dept. before completing): Public Garages with Body Repair See attached illustrative sketch for Proposed Conditions for New CUP 9. It is proposed that the following buildings will be constructed: No new buildings will be constructed 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These neonle will be notified by mail of this a>7nlication: Name and Property Ideteti�cati ®aa Number Address Name Trustees of Lighthouse Full Gospel Church, C/O Paul E. Markee, Trustee 800 Salem Church Rd Stephens City, Va 22655 Property # 85- (A)_q.ps NameO/Vi11ia111 Fi.i/. Pahl P.O. Sox 582 Stephens City, Va 22655 Property # 85 -(A) -3 Name Charles fV. and Pauline L. Sydn ®r 2214 Coai Nline Rd. Strasburg, Va 22657 Property # 85- (A) -5A Name ®avid VV. P ®Wars 1389 Apple Pie Ridge tNinchester, Va 22603 Property # 85- (A) -15 Name Property # Name Property # Name Property # C l 2. Additional comments, if any: 1(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, �Tirginia 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 � 2.�j��`"� ,� C s-- Owners' Mailing Address 30� Saint Pondrevvs C ®gait, Winchester, i/a 22602 Owners' Telephone No. �'�"'� ®8`J4� TO BE COMPLETED BY THE ZONING ADMINISTKATOIZ: �TSE CC1d7Ee �tEiWEV►r'AL BATE: STONF a� .., __ � a Y� ��, __ FIRE MARSHALL GENERAL NOTES 0 /! Er- �,�..r..+��4a�� '�' ... r M.w ny y. �. ,..v . Maa++h. -+�. i � xww �r�wrr ww+ +o-a �d[R6' � l %£ eYSB. AV`V M1�i�M iws nz� l� +�xMe� / fi;..., �s lllsie �»n�,s ,oi oFa as � f14N[�`�.. 14 111'HN'E .. _.. iiM b A A N'tl' �i o / '� r _ tw � u�.. .ya.. � ,�. r m�rcaF�r _ � � � :o � 5 %. [xip !.Y ' wn+a aW,f�v�e canss.rae a 'ra.x- �«+ae�w �. � i. `,t `. tm.•c.wx �� . ..: a..xr.�r eve ! � � c.:_ �, r� .1 _. q�. _. �_ .. �.�� STONF a� .., __ � a Y� ��, __ �LRft .% ' '�' ... F e S�GN11N� �'r � ' G h � � ��..;: ... � —._ _ ___ _. "�5:. - ". • �5,... y� M fi;..., rr i CPU i '� -'w1.� 5 Y' j� . _ .... _ � _........ ,C .. fit. _� _ .� r f { l �-.. � �� .�� . EWP r , � ' S- i. � %' �� } -� US soao � a.r, i�c �wi � �• r � t' +� s�e�s !� ! i r a z,. e _ �. .�; -� +� + �r ,�� i:. � i�1 7 .'� \f�.7x r r f1r - A6011 S3W �}SU j!� ii i~ i2�� C - ., V ^ o �� m��e_ �! ( � � 3 ie �� V ry a ��o x W g w,� � C Q y I m O � � Q N i7ate Rec°ived 1312712016 Frederick �C'nunty laepartment of Fire u,�d Resc,�e Uffit?e a, f the Fire 11�arshal IDBU C'nv,�rs #one Dra've Winchester, YA �2bD.2 (54Dj b6S -b35r7 �`ax: (��fU) 67$ -739 .L�mrail:,�nirr(a�fcvct.us Phan Rerriew � Comments planlPermit Type Condition Use Permit ReVlsEon fi1221t � Nance Borden Real Estate Address 151 Conestoga Lhl Stephens City Pra�ect Name C�pnditional Use Permit f3510?J2016 Applicant l+tame & plumber GreyWolfe, Inc. �p- S87 -2pD1 RE# Permit Numtaer Plan Approval Status Approve Rafe Revicwe 5l22J2t316 VA X2655 Comments Plars Approves with the revlsivn of the plan showing the driveway 5eing widetle� to �' step .as part of the permit at lase# one smoke de #actor shall 6e installed artd at leas# one 51h multlpurpase A8G Ffna Extlnpuisher shall he installed in areas that apply tcs this perrrMlt. S ign:�ture: Reviewed t3y; K��nneth Scott, Jr. rifle _ `� L--- .-� vz � Err�ergency Veft4cle Access; �e Inadequate NIA Hydrant l.acatinn; Adequate Inadequate �f1 Ssamese location; Adequate Inadegl�ate Fire Lanes RequirQd: Yes No Plan Approval Status Approve Rafe Revicwe 5l22J2t316 VA X2655 Comments Plars Approves with the revlsivn of the plan showing the driveway 5eing widetle� to �' step .as part of the permit at lase# one smoke de #actor shall 6e installed artd at leas# one 51h multlpurpase A8G Ffna Extlnpuisher shall he installed in areas that apply tcs this perrrMlt. S ign:�ture: Reviewed t3y; K��nneth Scott, Jr. rifle _ `� L--- .-� vz � REQUEST FUR +CUNpITIUN.4L USE PERMIT CdMMENTS Frederick County Fire M�rsha2 Mail ta: Frederick Cotzt7ty Fire Marshal 1$00 Co �er5tone I)rrve Winchester, Virginia ?602 iti540} 66� -�35a Hard deliver to: Frederick County i~'rz &Rescue Dept, Attn: Fire Marshal Public Safety Suil+ding 1$00 Cpverstorze Drive 1,Vinchester, Virginia Applicant: It is your re5ponsihilit}� to complete. this faun as accurately as possible in order to assist the agency with their review+. ,41so, please attach two (?) ccapies of your application form, location rnap and all other pettineni i��rmatiort, Applicant's Name: Borden Real Estate, LLC - Clifton E. Borden (Manager) Mailing Address Go GreyWalte, !nc Telephone: �0- 974 -ss42 10 ?3 Redhud Raad, Winchester, VA 226x3 {54t1) 8 &7 -2001 Name of developrrrient andlc�r deacriptic�n Qf tlZe request: Baden Real Estate, LLC. - �and�tional Use Permit Location of Property: 151 Conestaga Lane, Stephens City, Va 22655. West side aE Raute 1 i st Cdnestooa Lane Fire Marshal's �o�nrnents: i ,�irtw Marshal °s Si;;nature & D,at - � ?'� 1VUtiee to Fire Ms�rshal - i'lease Return This Form to the r�Irplieaz3t �ECElVE[l !!iN �2 2016 Action: RESOLUTION PLANNING COMMISSION: August 3, 2016 Recommended Approval BOARD OF SUPERVISORS: September 14, 2016 ❑ APPROVED ❑ DENIED RESOLUTION CONDITIONAL USE PERMIT #06 -16 BORDEN REAL ESTATE, LLC PUBLIC GARAGE (WITH BODY REPAIR) WHEREAS, Conditional Use Permit #06 -16 for Borden Real Estate, LLC, submitted by Borden Real Estate, LLC to update and amend Conditional Use Permit #001 -90 for a Public Garage (with Body Repair) was considered. The Property is located at 151 Conestoga Lane, Stephens City, Virginia and is further identified with Property Identification Number 85 -A- 5, in the Back Creek District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on August 3, 2016, 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 September 14, 2016; 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 #06 -16 for a Public Garage (with Body Repair) on the parcel identified by Property Identification Number 85 -A -5 with the following conditions: PDRes #30 -16 1 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. 5. Not more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. 11. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Judith McCann - Slaughter Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #30 -16 2 410 Cod CONDITIONAL USE PERMIT #07 -16 w �� Ginger Teets (GT Archery - Cottage Occupation) �� Staff Report for the Board of Supervisors w � � � Prepared: September 1, 2016 ,�;;;a Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 08/03/16 Board of Supervisors: 09/14/16 Action Public Hearing Held; Recommended Approval Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation in the RA (Rural Areas) Zoning District for the sale of archery supplies and equipment. Should the Board of Supervisors find this application for a cottage occupation to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. One, small, cottage occupation sign permitted with approval of the Conditional Use Permit. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than twenty -five (25) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission unanimously recommended approval with conditions of CUP #07 -16 for Ginger Teets for a cottage occupation for sale of archery equipment and supplies. 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 #07 -16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 LOCATION: This property is located at 3641 Green Spring Road, Winchester, Virginia MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 13 -3 -16 PROPERTY ZONING &PRESENT USE: Zoned: Rural Areas (RA) Land Use: Rural Areas; residential ADJOINING PROPERTY ZONING &PRESENT USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Residential West: Rural Areas (RA) Use: Residential PROPOSED USE: The Applicant proposes a cottage occupation for the sale of archery equipment and supplies. The Applicant intends to use an existing outbuilding (shed) on -site for the business. No additional employees are proposed beyond those residing on the premise and one small cottage occupation sign is allowed. REVIEW EVALUATIONS: Virginia Department of Transportation: Please see the attached email fi°om Timothy Rhodes, VDOT Land Development Engineer dated June 17, 2016. Frederick County Inspections: Change of use for the existing storage building shall comply with the 2012 Virginia Rehabilitation Code. The new use classification shall be Business for the archery repair and supply operation. Other codes that apply are ICC /ANSI All7.1 -2009 Accessible and Usable Buildings and Facilities, and Virginia Energy Code 2012. Please submit a floor plan of the area being utilized at the time of building permit application. Permit shall be issued, final inspection conducted with approval and a new certificate of use and occupancy shall be issued prior to operation. New occupancy shall comply with Virginia Mechanical Code for proper ventilation. Van accessible parking and unloading provided as required. Van signage must comply with USBC 1106.8. Accessible route shall be provided to the main entrance. Maximum slope for accessible route is 1:20 (5 %). Page 3 CUP #07 -16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 Winchester- Frederick Countv Health Department: Health Department has no objection to the above request. No employees may work on -site. No customers may access bathroom facilities. Frederick Countv Fire Marshall: Plans approved. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County ( "Comprehensive Plan ") provides guidance when considering land use actions. The location of this proposed sale of archery equipment and supplies business is in a part of the County that is planned to remain primarily rural in nature, and not part of any current land use study. The Frederick County Zoning Ordinance allows a cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use will take place within an existing structure (an outbuilding/shed) on the Applicant's property and is generally compatible with surrounding rural residential uses. The Applicant anticipates three (3) to four (4) customers per day, and will operate 11 a.m. to 6 p.m. Tuesday through Friday and 8 a.m. to 6 p.m. on Saturdays. The Applicant is also requesting a single cottage occupation sign that will not exceed four (4) square feet (SF) in area. The site has not been previously approved for a Conditional Use Permit. Staff notes that cottage occupations are typically lower- intensity uses, with a low volume of traffic and customers. Staff further notes that the number of customers permitted on -site per day is ultimately limited by the number of parking spaces and compliance with health department comments regarding use of on -site restroom facilities. STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this application for a cottage occupation to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. One, small, cottage occupation sign permitted with approval of the Conditional Use Permit. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than four (4) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Page 4 CUP #07 -16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/16 MEETING: Staff presented CUP #07 -16 at the August 3, 2016 Planning Commission public hearing, noting the site is a rural residence zoned RA and the Applicant is seeking a conditional use permit for a cottage occupation for the sale of archery equipment and supplies. Staff presented mapping identifying the location and an outline of the property and the proposed illustrative sketch for the cottage occupation. Staff continued that the property is surrounded by RA properties on all sides including residences and is well shielded from neighboring properties. Staff explained cottage occupations are permitted in the RA Zoning District with an approved CUP. Staff continued this proposed cottage occupation is for a retail business specializing in the sale of archery equipment and supplies that will take place in existing structures (an outbuilding /shed) on the property. Staff reviewed the conditions attached to this CUP, and noted that the Applicant had agreed to all conditions recommended: 1. All review agency comments and requirements shall be complied with at all times. 2. One, small, cottage occupation sign permitted with approval of the Conditional Use Permit. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than four (4) customers per day. 5 . No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. The primary topic discussed by the Planning Commission was a condition of approval limiting the number of customers that could visit the site on any given day. A Commission Member inquired on condition #4, stating four (4) customers per day is extreme and how will this be regulated. Staff explained this number was set by the Applicant and he can explain this further. Shawn Teets, representing the Applicant explained it was a misprint on his part. A Commission Member inquired if condition #4 can be removed and it appears VDOT would be the only agency to raise concerns if any. Mr. Teets explained VDOT gave him a total number of fifty (50) per day; meaning twenty -five (25) in and twenty -five (25) out. A Commission Member recommended amending condition #4 to twenty -five (25) customers per day, which was seconded by a Commission Member. The Applicant agreed to the amended condition #4. Page 5 CUP #07 -16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 One (1) member of the public spoke in favor of the application, noting that a business specializing in "high end" archery equipment and service was needed in Frederick County, as this is a very specialized hobby. A motion was made, seconded, and unanimously passed to recommend approval with conditions (as modified) of CUP #07 -16 for Ginger Teets (GT Archery) for a cottage occupation. Absent: Commissioners Manuel and Molden CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this application for a cottage occupation to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. One, small, cottage occupation sign permitted with approval of the Conditional Use Permit. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than twenty -five (25) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission unanimously recommended approval with conditions of CUP #07 -16 for Ginger Teets (GT Archery) for a cottage occupation for sale of archery equipment and supplies. 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. 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Vp �� w ' � h �. .. r! — � +�'�I# t� .�� #1'1.1' CUP # 07 - 16 Note: Frederick County Dept of Ginger Teets Planning &Development PIN: 107 N Kent St e 13 - 3 - 16 Suite 202 Cottage Occupation -Sale of Winchester, VA 22601 Archery Supplies 540 - 665 - 5651 Map Created: June 30, 2016 Staff: mcheran /tklein 0 80 160 320 Feet SAPPlications Parcels Building Footprints f �� \ � �7 i i , � .w.g { E; CUP #07 -16 Ginger Teets PIN: 13 -3 -16 Cottage Occupation -Sale of Archery Supplies Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 30, 2016 Staff: mcheran /tklein 0 80 160 320 Feet a��wic� Burke FrO�m: Sent: To: Subject: Sent from � ,::': for Windows 10 Cletus Teets <gtarcheryl5 @gmail.com> Tuesday, June 28, 2016 1:01 PM David Burke FW: Cletus &Ginger Teets- CT Archery CUP Application From: Rhodes, Timothy [VDDTj Sent: Friday, June 17, 2016 11:20 AM To• 'Cletus Teets' Cc: Srnith Matthew, P.E�VDQT }; Funkhouser Rhonda VDOT �'mcheran Ca.frederick.va.us';'Canafice Perkins` Subject: Cletus &Ginger Teets- CT Archery CUP Application l3EP�RTM1 =ht7' {5F Tf�INSPOf�TAT1QN st��ntcn /tdir��ra nand Gevei:,pment �4u8101d Vail�y Pine Edini;urg, VA 21824 Mr. & Ms. Teets, We have reviewed the Conditional Use Permit Application received June 24, 2016 for impacts to the transportation system. The application is for GT Archery LLC to operate a cottage occupation selling archery supplies, located at 3641 Green Spring Rd, Winchester Va. (Rte. 671) Route 671 is an un- posted 55 MPN local roadway with 1100 vehicle trips per day. A VDOT speed analysis was performed at the proposed location. The results of this analysis show the 85th percentile operating speed in both directions is 48 MPH. Based on our field review, only stopping sight distance has been met to the west of the existing entrance, therefore we can only permit a Low Volume Commercial Entrance allowing a maximum of 50 vehicle trips per day (25 entering, 25 exiting). As a condition of this CUP, this office request the county limit the number of trips to and from this business to a maximum of 50 per day. We would like to note that the existing private entrance meets the minimum design dimensions for a Low Volume Commercial Entrance. Therefore, no entrance improvements will be needed. We appreciate the opportunity to provide comments an this Conditional Use Permit Application. If you have any questions or need further information, please do not hesitate to give me a call at (540) 984 -5630. t�� Timothy Rhodes VDDT�Land Development Engineer Clarke, Frederick, Shenandoah &Warren Counties 14031 Ca1d Valley Pike Edinburg, VA. 22824 (540) - 984 -5630 M =w Virus -free. wvuw.avast.cam Submittal Deadline - --� =�� PIC Meeting �' << BOS Meeting �?�'!y ;�� AFI�LICATION FOR CONDITIONAL USE PERMIT. FREDERICK CO�IJNTY, VIRGINIA 1. At�t�licant (check one): Property Owner __�� Other _� NAME: �`�� . ��. �"� � � rZ _ `Y"�r . TELEPHONE: `'�� L' _ � � � �� 2. Please list all owners, occupants, or parties in interest of the - _ �._ c r L��. �� fir, �� 3. The property is located at: {please give exact directions and include the route number of your road or street) 4. The property has a road frontage of ?� � � feet and a depth of � ? � � feet and consists of �{ , � _acres. {Please be exact) 5. The property is owned by � � � , `-�~ �, y �✓' ��, as evidenced by deed. from ';`1 � ' ,,�, �- ��ee� ` c previous owner) recorded in deed book no. on page , as recorded i the records of the Clerk of the Circuit Court, County of Frederick. Property Identificat Magisterial District Current Zoning Number (P.LN.) i , � �� '"� t r� � �.. �r ,�, d r, :+ Adjoining Property: USE North �' ,� East �`w 11�c�_�� - � ✓�(� Gr ��r �� South �'�� fl�� West ��; q- ��,�� °�U�� ZONING The type of use proposed is (consult with the Planning Dept. before completing): 9. It is proposed that the fallowing buildings will be constructed: 10. The following are all of the individuals, frets, 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 Identification Number Address Name � � j d� � �� @,� � ta,� `� Property # � � � � ,� Name l�`1 � � N � � Z � (� �l � v�L � � i-�� _�9�� Property # � :� � Name ,�n� � �'U�N�� , ��..� ��t� �'i �.w °l��C:�� r` Property # 1 �� m3 Name � �, � t � .� �',� �� r �/�°� Property # � j � � �'� Name �iltLLi�i� �* r=2.��;� �6~��C�°Y ,-;� �,'(�� ' Property # � � � 1 Name l��iS � �f9�GPr�� '.�' .>�� "�� .,�%�4� Property # � � j� � �;� Name ��- �,��;�t,4�°-�' �� C�'� �:.G� �t'&?o�C'; �..�� Property # � �� ,�9 0 11. Please use this page for your sketch of the property. Show proposed and /or existing structures on the property, including measurements to all property lines. 12. Additional comments, if any: � °� � ��UST��?��'� �Cr2 �� 1 -�'��% �� - � %C��L s T7��'� car- �l��' /.(�i�I �e` t ` �� `� � :Sf9 %` 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 � "�,�} � hr� �` � � �, �� Signature of Owner ,� '� Zw ,r- Owners' Mailing Address _� �-- a.::;�� " � /' E � � �" t � �.� "i "_; � �,'i � . °�� Owners' Telephone No. �� _ � �� ` TO BE COMPLETED BY THE ZONING ADMINISTRATOR: �1 RENEWAL DATE: D Action: RESOLUTION PLANNING COMMISSION: August 3, 2016 Recommended Approval BOARD OF SUPERVISORS: September 14, 2016 ❑ APPROVED ❑ DENIED RESOLUTION CONDITIONAL USE PERMIT #07 -16 GINGER TEETS WHEREAS, Conditional Use Permit #07 -16 of Ginger Teets, submitted by Ginger Teets for a cottage occupation for the sale of archery supplies and equipment in the RA (Rural Areas) Zoning District was considered. The Property is located at 3641 Green Spring Road, Winchester, Virginia and is further identified with Property Identification Number 13 -3 -16 in the Gainesboro District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on August 3, 2016, 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 September 14, 2016; 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 #07 -16 for the sale of archery supplies and equipment on the parcel identified by Property Identification Number 13 -3 -16 with the following conditions: PDRes #26 -16 1 1. All review agency comments and requirements shall be complied with at all times. 2. One small cottage occupation sign permitted with approval of the Conditional Use Permit. 3. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than twenty -five (25) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Judith McCann - Slaughter Gene E. Fisher Robert W. Wells Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #26 -16 2 410 Cod CONDITIONAL USE PERMIT #08 -16 w �� CROSSROAD GROCERY �� Staff Report for the Board of Supervisors w � � � Prepared: September 2, 2016 ,�;;;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: 08/17/16 Board of Supervisors: 09/14/16 Action Public Hearing Held; Recommend Approval Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Country General Store with Fuel Sales. Should the Board of Supervisors find this application for a Country General Store with Fuel Sales to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County, and site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. Store and fuel sales hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday - Sunday. Gas canopy lighting shall only be permitted to occur during store hours of operation. 5. No outdoor display of goods will be permitted. 6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. Fueling for delivery trucks, automobiles, and farm vehicles shall be permitted. Final site development shall not allow for tractor trailer parking and diesel speed pump installation. 7. Any expansion or change of use will require a new Conditional Use Permit. 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 #08 -16, Crossroad Grocery September 2, 2016 LOCATION: These properties are located at the intersection of North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 42 -A -307 and 42- A -309A PROPERTY ZONING &PRESENT USE: Zoned: RA (Rural Areas) Land Use: Country Store with Fuel Sales ADJOINING PROPERTY ZONING &PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Expansion of Country General Store REVIEW EVALUATIONS: Use: Residential /Commercial Use: Residential Use: Residential Use: Residential Virginia Department of Transportation: Please see attached email from Timothy Rhodes, VDOT- -Land Development Engineer dated July 20, 2016. Please see email from John Bishop, Frederick County Assistant Director Transportation dated August 8, 2016. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code and Section 309, use group M (Mercantile) and Section 302, use group B (Business) of the International Building Code /2012. Other code that applies are ICC/ ANSI All7.1 -2009 Accessible and Usable Buildings and Facilities, National Fire Protection Agency 30 and International Fire Code 2012. Demolition permit is required to remove existing structure. Asbestos inspection is required for buildings built prior to 1985. Addition to an existing M- Merchantile Building shall meet height and area per T503 with allowable increases. Building plans submitted for permitting for proposed canopy shall be designed by a registered design professional licensed in the state of Virginia. Page 3 CUP #08 -16, Crossroad Grocery September 2, 2016 Installation of gas fueling equipment and fuel storage tanks shall be in accordance with the International Fire Code 2009 & NPFA 30. Emergency fuel shut off is required within 100' of the fueling station. Underground and /or above ground tanks shall meet distance requirements for the size as applicable in NFPA 30 and IFC 2012. Handicap parking shall comply with ANSI A117 -09. A minimum of two accessible parking and unloading space are required. One van accessible space is required per 1106.5 IBC 09. Van accessible parking shall have a minimum of 11' width with 5' unloading area or a minimum of 8' unloading area with an 8' width per Section 502 ANSI. Maximum 2% slope required for parking and unloading. Please provide elevations at the four corners of the parking area and four corners of the unloading area to main entrance of facility. Additional comments may be requires upon site plan submittal. Please note the requirements in Chapter 17 of USBC /IBC for special inspection requirements on the type of structure (Soils, Concrete etc.) Compaction /soil bearing/soil testing shall be required for placement of new store. Winchester- Frederick Countv Health Department: The Frederick County Health Department has no objection to the request so long as water use is not increased. Frederick Countv Fire Marshall: Plans approved. Planning and Zoning: A Country General Store is a permitted use in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). The Crossroads Grocery provides general grocery and beverage merchandise, fuel sales, and small prepared food service area without seating. This Country General Store has been operating for more than fifty (50) years, and research of County records revealed that a CUP had never been approved for the existing Country General Store. Therefore, this use was established prior to this requirement; and is considered to be a legally non - conforming use. This increase in the level of non - conformity may be accomplished through the approval of a CUP. The CUP enables the County to place restrictions /conditions on a use when a use is considered appropriate in an effort to mitigate proposed impacts. It is the Applicant s desire to expand the size of this use by adding a 1,500 sq. ft. addition to the store and 3,000 sq. ft. fueling canopy and fuel area. The 1,500 sq. ft. addition to the store will allow for additional merchandise sales and storage, as well as the ability to expand the existing restroom facility; to provide for a handicap accessible unisex restroom. Store hours shall be 5:00 a.m. to 10:00 p.m. Monday- Sunday. The additional fuel area will add eight (8) additional fueling stations providing gasoline and diesel fuel sales. Fueling hours shall be the same as the store hours. Only takeout food preparations will be allowed, and outdoor display of goods will not be permitted with this use. Any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) Page 4 CUP #08 -16, Crossroad Grocery September 2, 2016 square feet in area, and ten (ten) feet in height. An engineered site plan shall be submitted to and approved by Frederick County, and the site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. The site plan shall be in conformance with all requirements of the CUP and Frederick County Zoning Ordinance. The 2030 Comprehensive Policy Plan of Frederick County ( "Comprehensive Plan ") provides guidance when considering land use actions. The location of this proposed country general store is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposed country general store is consistent with the goals of the Comprehensive Plan. Specifically, land use goals for the rural areas of the County identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA). STAFF CONCLUSION FOR THE 08/17/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County, and site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. Store and fuel sales hours of operation shall be between 5:00 a.m. to 10:00 p.m. Monday — Sunday. 5. No outdoor display of goods will be permitted. 6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/17/16 MEETING: Staff reported the proposed use is an expansion of an existing Country General Store. Staff continued the adjoining properties to the north, south, east, and west are zoned RA (Rural Areas) and the uses are Residential /Commercial. Staff presented a locations map of the property. It was explained a Country General Store is a permitted use in the RA (Rural Areas) District with an Page 5 CUP #08 -16, Crossroad Grocery September 2, 2016 approved CUP (Conditional Use Permit). Staff continued the Crossroads Grocery provides general grocery, beverage merchandise, fuel sales, and a small prepared food service area without seating. Staff reported this County General Store has been in operation for more than fifty (50) years, and research of County records revealed that a CUP had never been approved for the existing Country General Store. Staff explained the use was established prior to this requirement; and is considered to be a legally non - conforming use or in layman's terms "grandfathered ". He noted the increase in the level of non - conformity may be accomplished through the approval of a CUP. Staff reported the CUP enables the County to place restrictions /conditions on a use when a use is considered appropriate in an effort to mitigate proposed impacts. He explained it is the Applicant's desire to expand the size of this use by adding a 1,500 sq. ft. addition to the store and a 3,000 sq. ft. fueling canopy and fuel area. Staff noted the addition to the store will allow for additional merchandise sales and storage, as well as the ability to expand the existing restroom facility to provide for a handicap accessible unisex restroom. Staff presented an illustrative sketch plan that was provided by the Applicant for the proposed addition. Staff reviewed the following conditions recommended for the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County, and the site improved accordingly prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. Store and fuel sales hours of operation shall be between 5:00 a.m. to 11:00 p.m. and Monday — Sunday. Gas canopy lighting shall only be permitted to occur during store hours of operation. 5. No outdoor display of goods will be permitted. 6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. 7. Any expansion or change of use will require a new CUP. A Commission Member inquired has the Applicant agreed to comply with the concerns raised by VDOT. Staff elaborated there were two (2) comments, one from VDOT and one from Mr. John Bishop. Staff noted these comments will be addressed with the site plan the Applicant must submit. Page 6 CUP #08 -16, Crossroad Grocery September 2, 2016 A Commission Member asked for clarification; the sketch plan is not being approved. Staff noted that is correct, a site plan will be submitted for approval. Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward. He reported basically the Applicant is proposing a simple expansion, however they cannot do just the structure; they must do the site as well Mr. Wyatt presented an illustrative sketch plan of the property highlighting the entrances. He noted the entrances are being relocated for safety reasons further away from the intersection. In regards to questions raised pertaining to traffic; Mr. Wyatt explained if this CUP is approved the Applicant will have to prepare a site plan and VDOT will have to process and approve an Access Management Exception Request. In reference to the Staff report, Mr. Wyatt confirmed the Applicant is satisfied with the conditions set forth with possibly more specificity. He highlighted two (2) conditions recommended by Staff that the Applicant would like to have adjusted to state: Condition #4, to read "Store sale hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday — Sunday; gas canopy lighting shall only be permitted to occur during store hours of operation" and Condition #6 "Fueling for delivery trucks and automobiles shall be permitted, final site development shall not allow for tractor trailer parking and diesel speed pump installation ". A Commission Member raised concern of safety if the lighting is turned off at the gas pumps and they remain off through the night. Mr. Wyatt elaborated Crossroads Grocery has historically not left the outside lighting on. He continued the motive of the Applicant is not to attract a lot of late night business however there are individuals in the community that the pumps remaining on would benefit. A Commission Member requested clarification that the gas pumps would be on 24 hours a day and this will not be advertised. Mr. Wyatt confirmed that is correct. A Commission Member asked what the "DF" on the plans stands for. Mr. Wyatt explained that is for "drain field" and there is a 20 ft. buffer around that to make sure it is protected. A Commission Member inquired if the store would remain operational during the construction /renovation process. The Applicant explained it is his intent to remain as operational as possible. He continued, the construction would start in the rear of the property and move forward to the store. The Commission Member asked if the 1,500 sq. ft. addition will be solely for merchandise. The Applicant responded that is correct; there will not be any sit down food service. He noted it may not go the full 1,500 sq. ft. however he wanted to make sure he allotted for enough room. He feels once diesel fuel is brought in this will increase business on the agricultural side of the community and he has no intention of catering to the truck stop world. The Public Hearing was opened and a citizen came forward to speak. She explained she is concerned with: proper regulation of the septic system; the entrances in and out are and will continue to be dangerous in her opinion. Another citizen came forward and inquired how the first entrance will be marked in the future. The Public Hearing was closed. Page 7 CUP #08 -16, Crossroad Grocery September 2, 2016 Mr. Wyatt explained regarding the concern for the septic system. He noted the system is and will be monitored and regulated by the Virginia Health Department. Mr. Wyatt continued and addressed the traffic concerns. He explained VDOT is not anticipating prohibiting access off of Route 654 however they have made it clear an Access Management Exception Request process will be completed in order to permit new entrances and to modify existing entrances. He concluded regarding the configuration of the right in right out and how it would be marked; typically if VDOT approves a right in right out entrance they require it be developed with a raised type median with a rolled curb and not just an open entrance with a sign. Commission Members agreed with the assistance of an engineering firm and the Planning Staff they feel these issues will be mitigated and it will satisfy all parties involved. A motion was made, seconded, and unanimously passed to recommend approval of CUP #08 -16 for Crossroads Grocery with changes to Condition #4 and Condition #6. Absent: Thomas CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Country General Store with Fuel Sales. Should the Board of Supervisors find this application for a Country General Store with Fuel Sales to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County, and site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. Store and fuel sales hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday- Sunday. Gas canopy lighting shall only be permitted to occur during store hours of operation. 5. No outdoor display of goods will be permitted. 6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. Fueling for delivery trucks, automobiles, and farm vehicles shall be permitted. Final site development shall not allow for tractor trailer parking and diesel speed pump installation. 7. Any expansion or change of use will require a new Conditional Use Permit. Page 8 CUP #08 -16, Crossroad Grocery September 2, 2016 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. SAPPlications Parcels Building Footprints f �� .� � �7 i i , � .w.g { E; CUP #08 -16 Crossroad Grocery PINS: 42 - A - 307, 42 - A - 309A Ad d itio n Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 27, 2016 Staff: mcheran 0 50 100 200 Feet Evan Wyatt From: Rhodes, Timothy (VDOT) < Timothy .RhodesC�vdot.virginia.gov> Sent: Wednesday, July 20, 2016 9:51 AM To: Evan Wyatt Cc: Smith, Matthew, P.E. {VDOT); Funkhouser, Rhonda (VDOT); 'John Bishop'; ' mcheran @co.frederick.va.us';'Candice Perkins' Subject: REVISED Crossroads Grocery Conditional Use Permit Application Commets DEPARTMENT OF TRANSPORTATION StauntonJEdinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Evan, A VDOT review has been conducted an the Crossroads Grocery Conditional Use Permit Application dated June 13, 2016. The following comments are a revision to the previous comments sent on July 13: 1} We are recommending closure of the existing Rte. 654 full access entrance, as it does not meet current VDOT Access Management spacing requirements from the Rte. 522 signalized intersection. At a minimum, VDOT is looking to eliminate left turn movements into the site from Rte. 654. Aright -out only may be supported to allow circulation on site of the fuel delivery trucks. Auto Turn exhibits at the time of Site Plan submission will need to verify turning movements. 2} All proposed entrance locations shall meet sight distance requirements at Site Plan submission. Any proposed entrance locations that does not meet Access Management Spacing requirements will require an Access Management Exception for consideration. As such, we recommend the CUP state that all proposed entrance locations be considered conceptual until the above mentioned conditions can be validated. 3} Currently Rte. 522 has an ADT of 21,000 with 12 °l° trucks at this intersection. Will the diesel pumps be accommodating or prohibitive to tractor trailers? 4} Please provide an additional exhibit with the application that identifies truck auto turn movements in and out of the site. There are truck ingress and egress concerns associated with the existing condition of Rte. 654, particularly with trucks potentially accessing the site from southbound Rte. 522 and then exiting the site with a right turn on Rte. 654. The site layout and potential entrance locations need to adequately accommodate truck turning movements. Please let me know if you have any questions. Thank You, Timothy Rhodes Land Development Engineer Clarke, Frederick, Shenandoah &Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)- 984 -5630 Evan W att From: Rhodes, Timothy (VDOT) < Timothy .RhodesC«3vdot.virginia.gov> Sent: Wednesday, July 13, 2016 2:51 PM To: Evan Wyatt Cc: Smith, Matthew, P.E. (VDOT); Funkhouser, Rhonda (VDOT); 'John Bishop'; ' mcherant�co .frederick.va.us';'Candice Perkins' Subject: Crossroads Grocery Conditional Use Permit Application Cd�:.�1�'� i31'�' jY�''�..'� �� i � Uf Z` i 7-S �117� �`. DEPARTMENT OF TRANSPORTATION StauntonJEdinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Evan, A VDOT review has been conducted on the Crossroads Grocery Conditional Use Permit Application dated June 13, 2016. We offer the following comments: 1) We are recommending closure of the existing Rte. 654 full access entrance, as it does not meet current VDOT Access Management spacing requirements from the Rte. 522 signalized intersection. 2) We recommend a condition in the application that states all entrances and associated turn arrows are conceptual and will be designed to meet spacing and sight distance requirements for review at final site plan. 3) Currently Rte. 522 has an ADT of 21,000 with 12 °lo trucks at this intersection. Will the diesel pumps be accommodating or prohibitive to tractor trailers? 4) Please provide an additional exhibit with the application that identifies truck auto turn movements in and out of the site. There are truck ingress and egress concerns associated with the existing condition of Rte. 654, particularly with trucks potentially accessing the site from southbound Rte. 522 and then exiting the site with a right turn on Rte. 654. The site layout and potential entrance locations need to adequately accommodate truck turning movements. Please let me know if you have any questions. Thank You, Timothy .Rhodes V>DI7'f'�Land Development Engineer Clarke, Frederick, Shenandoah &Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540) -984 -5630 ��rk ChE��ss� From: John Bishop Sent: Monday, August OS, 2016 8:40 AM To: Mark Cheran Subject: FW: Crossroads Grocery Forgot one thing, Please also verify that the diese# fueling station is not being set up to accommodate tractor trailers. John A. Bishop AICP Assistant i�irector— Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540- 665 -5651, From: John Bishop Sent: Monday, August 08, 2016 8:39 AM To: Mark Cheran Subject: Crossroads Grocery Mark; Here are some quick thoughts on crossroads grocery. 1. Entrance on 522 should probably just be right out, however , if it does end up as right in right out the right turn lane that is proposed needs to fully meet the VDOT standard. The language referring to use of existing pavement made me wonder if the pavement is there to adequately address the standard. If it does, then great, but if not improvements would need to be made. 2. "fhe new proposed entrance should be the only entrance on Cedar Grove Road (Rt. 654). Also, for the new entrance please provide site distance. John A. Bishop AICP Assistant Director — Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540 - 665 -5651 1 Submittal ueadiine -' L `-� I t'' P; C Meeting �- t'1 I (.r BOS Meeting � � 1 `l - ! �� APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner � Other NAME: Greenway Engineering ADDRESS: 151 Windy Hill Lane Winchester, VA 22602 TELEPHONE: (5ao) s62�1s5 2. Please list all owners, occupants, or parties in interest of the property: James &Rebecca Alkire Blaine J. Alkire 3. The property is located at: (please give exact directions and include the route number of your road or street) Located at the northwest intersection of North Frederick Pike (US Route 522N) and Cedar Grove Road (Route 654) 4. The property has a road frontage of Sao' & 350�� feet and a depth of 320' & 250' feet and Consists Of 1.30 +/- acres acres. (Please be exact) 5. The property is owned by Crossroads Grocery Inc., &Blaine J. Alkire aS evidenced by deed from Inst. #050022420 8 110005963 (previous owner) recorded in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number- (P.I.N.) az -A -3o� & a2- A -3osA Magisterial District Gainesboro District Current Zoning �� Rural Areas District 5 7. Adjoining Property: USE North Residential &Commercial East Residential $OUth Residential jJ4763t Residential ZONING RA District RA District RA District RA District 8. The type of use proposed is (consult with the Planning Dept. before completing): Country General Store Addition - approximately 1,500 square feet for merchandise and storage Additional gasoline and diesel fueling - approximately 3,000 square feet canopy with 8 new fueling sttations 9. It is proposed that the following buildings will be constructed: One -story building addition on the north side of the existing Country General Store that is approximately 1,500 square feet 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These eo le will be notified by mail of this ap lication: Name and Property Identification Number Address name Bobby Anderson 104 Cedar Grove Rd Winchester, VA 22603 Property #42 -A -301 name Darian Anderson 136 Cedar Grove Rd Winchester, VA 22603 Property #42 -A -302 NarneRobert K. & Sharyn L. Minnick 2787 Apple Pie Ridge Rd Winchester, VA 22603 Property #42 -A -304, 305 & 310 name Pat Burke 3018 North Frederick Pike Winchester, VA 22603 Property #42 -A -309 rrameTimothy W. Dennis 174 Hopewell Rd Glear Brook, VA 22624 Property #42 -A -10 Name Ronald R. & Rosales D. Horwath 118 Marple Rd Winchester, VA 22603 Property #42 -A -11 Name Larry &Margaret Kump 127 Marple Rd Winchester, VA 22603 i Property #42 -A -31 D 11. Please use this page for your sketch of the property. Show proposed andJor existing structures on the property, including measurements to all property lines. [�� —i;�?� 'l�rlr� �� i�rJ � r'"+t�ri-�S � f'+- �3G.iYL.� �1t �f'A�+'� 5 � o c.� �- -�yo�' �� -��a ��,— a� c� � Z�1 � 1 s r � tN wa...m,�-nr�.J PCRT'Pt � N 1 N U -1-D � jCt ST 1 N C�s- A -r13,j d'' fm's �' i� � �-� GGt�t b t TI C *JS FO nti '�"rr u c.-tv rr�i -�. A-��l � S 1 'rte i,� � �l � Lc; � n� �'1V T, 12. Additional comments, if any: Please refer to attached project summary letter dated June 1, 2016 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 Owners' Mailing Address , " i l w �D�z.. G�2�� io� -� 4./, tip,- �c3 -r��rc Y� 22 ��3 Owners' Telephone No. � �� 32.`I ` � � (v . _ TO BE COMPLETED BY THE ZONING ADMINISTRATOR: [��'��K RENEWAL DATE: E Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: � �� co.fre�er�c� aet� 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) Blaine J. Alkire (Phone) (540) 327 -0016 (Address) 119 Cedar Grove 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 �,�c:,o z242t� / +,zZS 'rM � 4Z- q -3c � � � cno�gv3�ot4to 'rM � �z —q - 3t�j1{ Instrument No. on Page Parcel: Lot: Block: Section do hereby make, constitute and appoint: (�j�g) Greenway Engineering, Inc. and is described as Subdivision: (Phone) {540) 662 -4185 (Address} 151 W,ndy N? �ane W`nches:ar, VA 22602 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 0 Master Development Plan (Freliminary and Final) _Subdivision 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 x � day of , 20 ` $ , __...� Signatures) State of Virginia, CitylCounty of - �C2Ca�,r'"1 C Y� , To -wit; I, �- 2Qf�JlC1��. 1 �:;�� g , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this �� day of '�'V � t,�, 20 �1� . \t1� CllyW,(n �G�,vt�`G1�.. My Commission Expires: � �- �--�,� (�;�(� Notary Public q #7t�a2� F�� Crossroads Grocery — Country General Store &Fuel Expansion Project Summary Crossroads Grocery is along -time established Country General Store that has served residents of the County for more than 50 years. Cross Roads Grocery is located at the northwest intersection of North Frederick Pike (US Route 522 North) and Cedar Grove Road (Route 654) in the Gainesboro Magisterial District. The Country General Store currently provides general grocery and beverage merchandise, fuel sales and a small prepared food service area without seating to residents of the County and serves as a landmark in the Nain community. Crossroads Grocery has engaged Greenway Engineering to assist in the development of a Conditional Use Permit Application to allow for the future expansion on the facility. The property owners desire to expand the existing Country General Store to provide for a building addition that is approximately 1,500 square feet in gross floor area. The proposed building addition will be located to the rear of the existing structure and will allow for additional merchandise sales and storage area, as well as the ability to expand the existing restroom facility to provide for a unisex restroom that is handicap accessible. Additionally, the property owners desire to incorporate a new fuel service area and canopy located behind the Country General Store that will include eight new fueling stations providing gasoline and diesel fuel sales. Greenway Engineering has worked with the property owners to prepare a conceptual layout plan for the proposed improvements described above. The plan entitled Crossroads Grocery Expansion Layout Exhibit dated 6- 29 -15, identifies the existing and proposed site conditions that would be applicable to Tax Map Parcels 42 -A -307 and 42- A -309A through an approved Conditional Use Permit. The information below is relevant to this project and is intended to assist the review agencies with their consideration of comments for the Conditional Use Permit. Transportation Improvements ❖ The future site improvements will provide for a new right -in /right -out entrance on North Frederick Pike approximately 275' north of the signalized intersection. The property owner will provide turn lane arrows on the existing pavement between the signalized intersection and the new entrance to incorporate aright -turn lane into the new entrance. ❖ The future site improvements will provide for the closure of the existing right -in /right -out entrance on North Frederick Pike that is approximately 150' north of the signalized intersection. ❖ The future site improvements will provide for a new commercial entrance on Cedar Grove Road that is approximately 285' north of the signalized intersection. This new entrance is needed for fuel delivery and for improved customer access to the project site. The new entrance will need to be located close to the northern property boundary to allow for safe sight- distance for traffic traveling south on Cedar Grove Road. Crossroads Grocery CUP 1 June 1, 2016 ❖ If the property owners need to process an Access Management Exception Request with VDOT to obtain approvals for the proposed entrances, this will be accomplished during the Site Plan process. Site Improvements ❖ The future site improvements will include removal of the existing residential structure located on the property. This will be accomplished prior to the issuance of a Certificate of occupancy Permit for the proposed improvements. ❖ The future improvements will include new parking lot areas that will allow for sufficient parking spaces, handicap spaces, travel aisles and maneuvering areas to effectively accommodate vehicular access throughout the site. ❖ The future site improvements will not impact the existing drain field area and a drain field buffer area will be established on the Site Plan that complies with Health Department standards. Structural Improvements ❖ The future structural improvements will allow for the replacement of the existing unisex bathroom with a new unisex bathroom that is handicap accessible. ❖ The future structural improvements will include additional space for merchandise and storage, but will not include seating areas for prepared food service. Health Department Matters ❖ The future improvements will not increase impacts to the existing septic system and well system. There will not be an increase in restroom or food preparation facilities above what is currently permitted by the Health Department. ❖ The future improvements will not impact the existing drain field area. The Site Plan that will be prepared for the proposed improvements will include a drain field buffer area. Crossroads Grocery CUP 2 June 1, 2016 r� �� EX. BLDG _CVCIVU N � N N V W O �� _ � �_� _ J EXISTING STRUCTURES _ _ PROPOSED STRUCTURES �, S .� � � N � � �o OW EXISTING WELL LOCATIONS �°'_��, � L t u �� U _ ll � ff1F1 CYICTIAI(_ fIDAIAICICI f1 I f�(`ATIfIAI � � CDDAR �RDVF RD (RT 6�l . , � Z �� c o � ?8g� - - � � � U-1 col o PTO `� Wz U �� / � - - -J � ✓ � s�� / /600 � ^oQP�� \�G � a i �\ \ / � 02`L\ g �y� � / /� HOUSO �''o �� e J��PC`�S �2 � \ (TBR) ) ��0 ��g� \P� c � / It' jNOf` ��0 / / / �� O�J��oJNO / / S� � � / / � / �� 50 25 0 50 100 SCALE: 1" = 50 DATE: 5 /za /zols scAI.E 1' =so' DESIGNED BY: EW /Jtd JOB NO. 0815C SHEET 1 OF 1 � ~ w Q W c � / (�� O v T Q � ao Q J �U .- � Q �' � � � W U 50 25 0 50 100 SCALE: 1" = 50 DATE: 5 /za /zols scAI.E 1' =so' DESIGNED BY: EW /Jtd JOB NO. 0815C SHEET 1 OF 1 d � o �� J a �� L S �� r... t N k.. 0 a r K `� 050022420 aB�D "`' cn THIS DEED, dated this 28cb day of September, 2005, is made Iby and between DEBRA A. GATES, party of the first part hereinafter called the Grantor, and CROSSROADS GROCERY INC., a Virginia corporation, party of the second part hereinafter 'called the Grantee. W I T N E S S E T H That for and in consideration of the supu of Ten Dollars r (510.041 cash in hand paid and other valuable cor<eideration, the receipt of all of which is hereby acknoWl'�dged, the Grantor does hereby grant and convey, with general warranty and English .- Covenants of title, unto the party of the second part, in fee simple, all of his interest in the following realty: All that certain lot or parcel of land, together with all rights, rights of way, and appurtenances thereunto belaagiag and improvements thereon, lying and being situate at the intersection of U.B. Route 522 and Virginia Route 65a in aaiaesboro Magisterial District, Frederick County, Virginia, containing 0.877 acre, and more particularly described by survey drawn by x. Bruce Sdens, C.L.8., dated September e, 1989, attached to a deed dated October 10, 1989, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, is Deed Book 728 at Page 36. BBINti the same property conveyed unto Tony A. Oates and Debora A. Oates by Deed dated November 20, 2000, and recorded in the aforesaid Clerks Office as Instrument No. 000012239. By the death of Tony Oates an .Huse 7, 2004 (see probate file No. 04 -164) title was vested solely in Debora A. Oates. A reference to the aforesaid records, and to the references therein contained, is here made for a further and particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable or legally enforceable restrictions, easements, reservations and obligations, if any, of record affecting same. r Except as noted above the aforesaid grantor covenants that she has the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that she has done no act to encumber the said land; and that she will execute all such further assurances as may be requisite. WITNESS the following signature and seal: s .ie • 9TAT8 OF �f 1r11 4L CITY /COUNTY OF l , to -wit: I, �ndre�.. M. OC , a Notary Public in sad far the juriediotion aforesaid, do hereby certify that Debra A. Oates, whose name is signed to the foregoing Deed bearing date this 28t° day of Segtember, 200, has this day personally agpeared beforn mn and aclatowledg the same. ©iven under my hand this 28G' day of September, 200 My eommiasion expires i'�. 3t1 ia04? Nota�� This instrument was prepared by Fraderklc & Voraty (VSi3 3953 Adrian & Voady, P.L.C. its west iao� :�� street Wine%ester, Va. 22601 � u�uiivati. i•'kc,.,::.:,CK CC,iu2. i r, s...T. This instrument of writing was produced tome on and with certificate of atl;nowled$ement thereto a sexed was adm:ttc:t to retard. T i+uposed try Sec. 58.1 -802 of 3 �//%%?�•�ti' ,and 58,1 -.401 hate been paid, if assessable %��de*c r �,�J�•w , Qetk p � ' a' ��000�ss:3 �- n+ DEED � N j� � THIS DEED, dated this �3 day of July, 2011, is made by and between JOSEPH L. FROMME, party of the first part �a ` H� hereinafter called the Grantor, and BLAINE JACKSON ALKIRE, � 0 t i party of the second part hereinafter called the Grantee. '�. � a C� Q �' W I T N E S S E T H '�.. V ' That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other valuable consideration, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty and English 'Covenants of title, unto the party of the second part, in fee simple, all of his interest in the following realty: All that certain tract or parcel of land, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, improved by dwelling designated 3016 (Y� North Frederick Pike, Winchester, Virginia, and being the � same land designated LOT 1 containing 0.477 acres, on that ecertain plat of survey drawn by David M. Furateneau, L.S. � �. dated October 29, 2001, of record in the Clerk's Office of � the Circuit of Frederick County, Virginia as Land Record � 020002493. ii BEING the same property conveyed unto the Grantor herein by 'I a deed from Margaret Matz, dated October 3, 2005, recorded i� in the aforesaid Clerk's Office as Instrument Na. r 050024537. I I, A reference to the aforesaid records, and to the :f 9 ;�referencea therein contained, is here made for a further and N 1 ''more particular description of said land. It is expressly �` � '. i; stipulated that said land is conveyed subject to all applicable x � :or legally enforceable restrictions, easements, reservations ,� -.; s ;and obligations, if any, of record affecting same. �v � v. ,n ti� 0 -"1 Except as noted above the aforesaid grantor covenants that he has the right to convey the said land to the aforesaid :grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that he has done no !act to encumber the said land; and that he wilt execute all such further assurances as may be requisite. WITNESS the following signature and seal: ��r ..w STATE OF VIRGINIA CITY OF WINCtiB3TER, to -wit: �I I. S'F4AJY � S ,Mt,r2k.,FG. a Notary Public in and for the iljurisdiction aforesaid, do hereby certify that Joseph L. Fromme, whose name �'is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. I Given under my hand this /.3�day of u�y 2011. My commission expires U��pf /y � ' ! No lie This instrument was prepared by Frederick S. Yondy (VSB 39515} Adrian &Yondy, P.L.C. M�tKEL 125 West Boscawen Street TIFFANY ANNE HELSLEY Winchester, Ys. 22601 NpTgAY PUBLIC Gommonweeith of Virginia peg, #?318372 , M Gommisswn [:rc ices Apn130, 2014 v1RClNIAFR:.DER(CKCOUNTY.SCT. � This instrument of writing was produced to the on I �^ 7"_ a �` an w►ih cerutYcate acknutwledgement thereto annexed w:u adm�itt�.ed� w record. Tax imposerd by Sec.58.1 -8t?2 of �. S,1j ,�ps�u and 58.1 -5(}l have been paid, if assessable. ' !! GGt }�� , Qerk l��;Y` Action: RESOLUTION PLANNING COMMISSION: August 17, 2016 Recommended Approval BOARD OF SUPERVISORS: September 14, 2016 ❑ APPROVED ❑ DENIED RESOLUTION CONDITIONAL USE PERMIT #08 -16 CROSSROAD GROCERY WHEREAS, Conditional Use Permit #08 -16 for Crossroad Grocery, submitted by Greenway Engineering for a Country General Store with Fuel Sales was considered. The Properties are located at the intersection of North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and are further identified with Property Identification Numbers 42 -A -307 and 42- A -309A, in the Gainesboro District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on August 17, 2016, 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 September 14, 2016; 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 #08 -16 for a Country General Store with Fuel Sales on the parcels identified by Property Identification Numbers 42 -A -307 and 42 -A -309 with the following conditions: PDRes #29 -16 1 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County, and site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. Store and fuel sales hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday - Sunday. Gas canopy lighting shall only be permitted to occur during store hours of operation. 5. No outdoor display of goods will be permitted. 6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. Fueling for delivery trucks, automobiles, and farm vehicles shall be permitted. Final site development shall not allow for tractor trailer parking and diesel speed pump installation. 7. Any expansion or change of use will require a new Conditional Use Permit. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Judith McCann - Slaughter Gene E. Fisher Blaine P. Dunn Robert W. Wells A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #29 -16 2 REZONING APPLICATION #07 -16 SENSENY ROAD RENTALS, LLC Staff Report for the Board of Supervisors Prepared: September 1, 2016 Staff Contact: Candice E. Perkins, Assistant Director 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: 08/03/16 Public Hearing Held; Recommended Approval Board of Supervisors: 09/14/16 Pending PROPOSAL: To rezone 2 acres from RP (Residential Performance) District to RA (Rural Areas) District. LOCATION: The property is located on Senseny Road (Route 657) approximately 350' west of Ashley Drive (Route 1145). EXCUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: The Senseny Road Rentals application seeks to downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers. This rezoning seeks to eliminate the proffers associated with Rezoning #07 -06 which rezoned the property from the RA District to the RP District with proffers. The 2006 rezoning allowed for four single - family dwellings and required the construction of a new public road. The Applicant is seeking to rezone the property back to the RA District and eliminate the proffers to allow for the construction of one single - family dwelling. One dwelling (mobile home) currently exists on the priority which would be removed to allow for the new dwelling. The Senseny/EasternFrederkk Urban Area Plan of the 2030 Comprehensive Plan identifies this general area with residential land uses. The current RP Zoning of the subj ect property is in conformance with the goals of the Comprehensive Plan; however the current proffers associated with this property could make development of the site impractical due to the proffer for a new public road to serve the four lots and the requirement for a homeowners association. Therefore, the downzoning of the site to allow for one single - family dwelling that would replace the existing mobile home may be preferable. This requested downzoning would also eliminate the allowance for the three additional dwelling units which would reduce the impact on capital facilities. At the public hearing, the Applicant proposed to dedicate the necessary right -of- -way for Senseny Road, consistent with what was proffered with the 2006 rezoning. The Planning Commission recommended approval of the application at their August 3, 2016 meeting with the understanding that the Senseny Road right -of- -way be dedicated prior to the Board of Supervisors meeting as offered by the Applicant. Following the required public hearing, a decision re�ardin� this rezoning 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. Rezoning #07 -16 — Senseny Road Rentals, LLC September 1, 2016 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: 08/03/16 Board of Supervisors: 09/14/16 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: To rezone 2 acres from RP (Residential Performance) District to RA (Rural Areas) District. This rezoning seeks to eliminate the proffers associated with Rezoning #07 -06 which rezoned the property from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. The 2006 rezoning allowed for four single- family dwellings and required the construction of a new public road. The Applicant is seeking to rezone the property back to the RA District and eliminate the proffers to allow for the construction of one single- family dwelling. One dwelling (mobile home) currently exists on the priority which would be removed to allow for the new dwelling. LOCATION: The property is located on Senseny Road (Route 657) approximately 350' west of Ashley Drive (Route 1145). MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBER: 65 -A -46 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING &PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USE: One single- family dwelling Rezoning #07 -16 — Senseny Road Rentals, LLC September 1, 2016 Page 3 REVIEW EVALUATIONS: None Required. Planning &Zoning: 1) Site History The original Frederick County Zoning Map (U. S.G. S. Stephenson Quadrangle) identifies the parcel as being zoned A -2 Agricultural. The County's A -1 and A -2 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 (Rural Areas) District. Rezoning #07 -06 for Senseny Road rentals was approved by the Board of Supervisors on August 23, 2006 which rezoned the property to the RP (Residential Performance) District with proffers. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use The parcel comprising this rezoning application is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Senseny/Eastern Frederick Urban Area Plan of the 2030 Comprehensive Plan identifies this general area with residential land uses. The current RP Zoning of the subject property is in conformance with the goals of the Comprehensive Plan, however the current proffers associated with this property could make development of the site impractical due to the proffer for a new public road to serve the four lots and the requirement for a homeowners association. Therefore, the downzoning of the site to allow for one single - family dwelling that would replace the existing mobile home may be preferable. Also, this would eliminate the allowance for the three additional dwelling units which would reduce the impact on capital facilities. 3) Potential Impacts The rezoning from 2006 proffered aright -of- -way dedication for Senseny Road, frontage improvements to Senseny Road that included widening and paving of the roadway. With this downzoning, these proffers would be eliminated if approved. It should be noted that with the increased dwelling setback (60 foot building restriction line from the edge of the Senseny Road right -of- -way), there would be sufficient area to widen this road in the future but VDOT would need to work with the property owner to gain the necessary dedication. Rezoning #07 -16 — Senseny Road Rentals, LLC September 1, 2016 Page 4 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/03/16 MEETING: Staff reported this application seeks to downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers. Staff continued this rezoning seeks to eliminate the proffers associated with Rezoning #07 -06 which rezoned the property from the RA District to the RP District with proffers. Staff reported the 2006 rezoning allowed for four single - family dwellings and required the construction of a new public road. It was explained the Applicant is seeking to rezone the property back to the RA District and eliminate the proffers to allow for the construction of one single - family dwelling. Staff noted one dwelling (mobile home) currently exists on the property which would be removed to allow for the new dwelling. Staff continued the Senseny/Eastern Frederick Urban Area Plan of the 2030 Comprehensive Plan identifies this general area with residential land uses. It was explained the current RP Zoning of the subject property is in conformance with the goals of the Comprehensive Plan; however the current proffers associated with this property could make development of the site impractical due to the proffer for a new public road and the requirement for a homeowners association. Staff concluded this downzoning would also eliminate the allowance for the three additional dwelling units which would reduce the impact on capital facilities and due to the site's proximity to planned Route 37, this would allow for additional studies to identify future acceptable land uses. A Commission Member mentioned an email that was received and was not in favor of this rezoning. He noted his concern of losing the right -of- -way dedication by eliminating the proffers. Staff explained with the 2006 rezoning it was proffered with the right -of- -way; this has been discussed with the Applicant and he has agreed to address this. A Commission Member stated he did not see any comments from VDOT for this rezoning. Staff noted that is correct; agency comments were not provided due to this being a downzoning. The Applicant came forward to address questions and concerns. He explained when this property was rezoned in 2006 things were looking very promising within the market. He continued with the downward turn of the market the proffers make it nearly impossible to develop the property. The Applicant noted he is willing to dedicate the right -of- -way that is needed along Senseny Road. The Applicant continued he is also willing to include a deed restriction that would not permit livestock. A Commission Member noted his appreciation of the Applicant continuing with the right -of- -way dedication. A Commission Member noted he supports the right -of- -way dedication and does not see an issue with allowing livestock on the property. A motion was made, seconded, and unanimously passed to recommend approval of Rezoning #07 -16 for Senseny Road Rentals LLC. Absent: Commissioner Manuel and Commissioner Molden Rezoning #07 -16 — Senseny Road Rentals, LLC September 1, 2016 Page 5 EXCUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: The Senseny Road Rentals application seeks to downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers. This rezoning seeks to eliminate the proffers associated with Rezoning #07 -06 which rezoned the property from the RA District to the RP District with proffers. The 2006 rezoning allowed for four single- family dwellings and required the construction of a new public road. The Applicant is seeking to rezone the property back to the RA District and eliminate the proffers to allow for the construction of one single - family dwelling. One dwelling (mobile home) currently exists on the priority which would be removed to allow for the new dwelling. The Senseny/EasternFrederkk Urban Area Plan of the 2030 Comprehensive Plan identifies this general area with residential land uses. The current RP Zoning of the subj ect property is in conformance with the goals of the Comprehensive Plan; however the current proffers associated with this property could make development of the site impractical due to the proffer for a new public road to serve the four lots and the requirement for a homeowners association. Therefore, the downzoning of the site to allow for one single - family dwelling that would replace the existing mobile home may be preferable. This requested downzoning would also eliminate the allowance for the three additional dwelling units which would reduce the impact on capital facilities. At the public hearing, the Applicant proposed to dedicate the necessary right -of- -way for Senseny Road, consistent with what was proffered with the 2006 rezoning. The Planning Commission recommended approval of the application at their August 3, 2016 meeting with the understanding that the Senseny Road right -of- -way be dedicated prior to the Board of Supervisors meeting as offered by the Applicant. Following the required public hearing, a decision re�ardin� this rezoning 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. 103 DELL C -i 105 DELL C -i - �C�l \ flC23 �� _: mu cc� m @gym ffiY7 ' ' - p� Cdi NYpN RD ,t f flp�—, m �+r'rf� —� a CGb ��• �_ � �� - _. � o zem -� -, f �� f�- °- � �� 4 �C�l ,r -- --� —_ 1�- --'�"r'___1 I �� f�D � m �� ,' _ / APPlications Parcels '"" Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General District) 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) RS (Residential Recreational Community District) ��' RA (Rural Area District) RP (Residential Performance District) ;ter y" -" �, _ �I a G __ t �� ,�� ` ': _ f�70 m >w �_ ,i,� � � �� ® C�$-� � � E F ser+ser+v o�er+�ol f � _� '® �� '2� =� �, / �ANYOpRr �—J , � oe�� cT D 108 SHLEY CIR f �� / \ � �7 > } � .w.g { E; Note: REZ # 07 - 16 Frederick County Dept of Sensen Road Rentals LLC Planning &Development y 107 N Kent St e PIN: Suite 202 65 - A - 46 Winchester, VA 22601 Rezoning from RP to RA 540 - 665 - 5651 Map Created: July 11, 2016 Staff: cperkins 0 75 150 300 Feet f �� .� � �7 i 1 , ?, REZ #07 -16 Senseny Road Rentals LLC PIN: 65 -A -46 Rezoning from RP to RA Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 11, 2016 Staff: cperkins 0 75 150 300 Feet APPlications Parcels OSewer and Water Service Area Building Footprints f �� .� � �7 i 1 , ?, REZ #07 -16 Senseny Road Rentals LLC PIN: 65 -A -46 Rezoning from RP to RA Note: Frederick County Dept of Planning &Development 107 N Kent St e Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 11, 2016 Staff: cperkins 0 75 150 300 Feet !��` •► $" - G1�C�7 gym. ?� �� _ Rp - �r; � *a zos f :. � � '� r�� 657 f �� 4 r , c ,,, r.�a�"`+'44- C //tom c � ��,. �tkC�jO <' SEN3ENY . �_ `r-� 7 f �� / \ '> � .w.g { E; .9 -, �� _ Q S ,. G m � / -A ~ Note: R EZ # 07 - 16 Frederick County Dept of Sensen Road Rentals LLC Planning &Development y 107 N Kent St e PIN: Suite 202 65 - A - 46 Winchester, VA 22601 Rezoning from RP to RA 540 - 665 - 5651 Map Created: July 11, 2016 Staff: cperkins 0 80 160 320 Feet SAPPlications Parcels OSewer and Water Service Area Building Footprints Long Range Land Use Residential G1�: Neighborhood Village Urban Center - Mobile Home Community Business Highway Commercial Mixed -Use Mixed Use CommerciallOffice Mixed Use Industrial /Office - Industrial ® Warehouse ® Heavy Industrial - Extractive Mining Commercial Rec `� `j \m Rural Community Center ® Fire &Rescue Historic Institutional - Planned Unit Development � //� Park �� Recreation School Employment Airport Support Area B2 / B3 Q Residential, 4 u!a High - Density Residential, 6 u/a ® High - Density Residential, 12 -16 u!a Q Rural Area Interstate Buffer Landfill Support Area Natural Resources &Recreation QEnvironmental &Recreational Resources ?� �� _ Rp - �r; � *a zos f :. � � '� r�� 657 f �� 4 r , c ,,, r.�a�"`+'44- C //tom c � ��,. �tkC�jO <' SEN3ENY . �_ `r-� 7 f �� / \ '> � .w.g { E; .9 -, �� _ Q S ,. G m � / -A ~ Note: R EZ # 07 - 16 Frederick County Dept of Sensen Road Rentals LLC Planning &Development y 107 N Kent St e PIN: Suite 202 65 - A - 46 Winchester, VA 22601 Rezoning from RP to RA 540 - 665 - 5651 Map Created: July 11, 2016 Staff: cperkins 0 80 160 320 Feet Action: PLANNING COMMISSION BOARD OF SUPERVISORS AMENDMENT August 3, 2016 - Recommended Approval September 14, 2016 ❑APPROVED ❑ DENIED AN ORDINANCE AlVMENDING THE ZONING DISTRICT MAP REZONING #07 -16 SENSENY ROAD RENTALS, LLC WHEREAS, Rezoning #07 -16 of Senseny Road Rentals, LLC, submitted by Senseny Road Rentals, LLC, to downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers, was considered. This rezoning seeks to eliminate the proffers for Rezoning #07 -06 to allow for the construction of one single- family dwelling. The property is located on Senseny Road (Route 657) approximately 3 50' west of Ashley Drive (Route 1145). The property is further identified with PIN 65 -A -46 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 3, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2016; 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 downzone 2 acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District without proffers. PDRes #28 -16 -2- This ordinance shall be in effect on the date of adoption. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Blaine P. Dunn PDRes #28 -16 Robert W. Wells Judith McCann - Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator AMEI.IDMENT ,�ietion: PL.A?v'NING C ®��1r�ISSI ®N: . August 16, 200)6 - Recommended Approval 13(�.tARD ®F SUFI= RVISORS: August ?.3,''006 � API R(Ot�'ED � L�I;NIED � '' i r, I�FZC)NIN� ;#07 -06 Ali �ENSENY FZC)/1D REN�I'�I.S, I�LC V4'HERF.AS, I2czc�ning #07 -f}(i �i��enselny R ®ad Rer►t�ls9 LLB, submitted byfainter- Lewis, PI,C, to rezone 2 acres from RA (Plural Areas) District to RP (Residential Performance) District with proffers for four single family homes, was considered. The property is located on Senseny Road {Route 657} approximately 350 feet west of Ashley Drive, in the Red Bud �✓Iagisterial District, and is identified by Property Identification Number (P1N) 65 -A -46. �VIiEREAS, the Planning Commission held a public hearing on this rezoning on August l6, 2006: and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 23, 2006; and W)r1EItEAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best intea•est of the public health, safety, welfare, and in conformance `>dith the Comprehensive Policy Plan; 1�1 ®W, 'I'HEI�EF[iI�E, BE IT (7RDA)«IED 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 change Z acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for four single family homes, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #21 -�6 This ordinance shalt be in effect on the date of adoption. i'asscd this gird day of August, 2006 b }� the fol }o1��ir�; recorded note: Richard C;. Shicklc, Chairl�lan Aye Barham E. Van ®stcn �Ye Ciary llovc Aye Bill ,'�7. L;��in� AYe Cienc E. Fisher �Ye Charles S. T3elJa��en. Jr. ��'� Philip A. l_.crx�icu� Abstained A C "t3P�` _I'f 7'E5'i Jol'i lZ. Riley, Jr. Frederick Courpty Administrator PDRes. #21 -06 Sen�eri�r road Ren�� Praf�er �tat�m�nt �� ©�,rR� #: Property: 2.0 acres PARCEL 4 ®� 65 -A�6 Recorded t]wner: Senseny :quad F3en #ais, Li_C Applicant: A�fr. Cori F�iaies ��= :��e�ny Road i�en #ais, LLC 24Uf� Ifadfey Avenge, Sui #e 5 1JVinchester, 1/irgirai� 22 &01 Project Name: Greg Aiierti Realty S€:rlser�y R ®��c# Ren #afs �Jriginal Q3t0 o� Proffers: Gc #cber '1�, 2005 Revision Qate(sj: January 1 i , 2006 March 15, <'.006 April 19, 20�D6 (�RC3FFER SiAiEME. I�ARCEL E® 65 -A-46 RRUFFEaS f.) Single Family Homes The applicant vdsli duel ®p the parce9 to suppert fau�r single- fami6y, detached residential dwellings. 6.� affsite 7ransporta #ian M'rtgatiort ,.- w �� ,w. , � '�, 1 .. ■ .. The applicant agrees to pr ®ffer monetary contribution in tfie amount of �5,OD0.00 for each. detached single - family dw�4ling to mitigate impacts to future development_ Payable at time of issuance of baailding permit. The conditions proffered abQVe shall be binding an the heirs, executors, administrators, assigns9 and successors in the interest of the owner -. In the ev�� ti�at the Fredericl� County hoard of Supervisnrs grant this rezoning anti accepts these pr ©ffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. ��r �enseny Road Retltals, LL City /County ®f 1� 11.t�..P11- �-�_.� , Corrtmonwealih ®f Virginia. 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Y .\ r � ` � 'l I L -L � �anAC ¢ '. zsa . I ',. '� saxa� eras � � � I � SEF'g]It RO�BilQiUS, llt. - \ 0� - D7 -i3t�5 O ��p .. PN W �' -� _ USE: 51Mr"L[ Fu+L -T � 1 AEfD -Oi -1871 � - �� -„ � i ! i i� f�� 9NRE FAN�3Y � �1CAL3 7.00 I '� � _ � ` ` - _ - - - - _. , _ '� � ` ACRlS a6d , � � � � � � 1 `\ � �,�� .rya � � -- . -. -- - -- - "- SE7�iS.E1VY RDA _ _ _ _ �. � A.9dlY KM4FW � 1 f � I �- - � AINW R Wf[RS P'9IF QStt -6 7 -P9 � ��h Q£M/AMf; HLiAQ ASA7pA11O°I 61iNA 7 -IR 0.8_ -0? -77729 � \ \ \ \ ` `. �. LC2Zt dC�4 PG: COZ AB - -(11 -71744 �+� � I I 1 � _ ZpASr l� 2CNF04. AY �� SSE FAr.Y r Z - , [I . \ "� IIg� OTkJZ -. � 9ICt£ Y ` I I I � I� - - -7 I �", I � I �' . , �, __ r ,_�� ,�' � � '0� � �. Ashley C�rc1e - -I- - \ � I I I I � � _ —\ j � saki 1 " �- � f�' r � _ _� � \ �. i r •. J / / DRAWN eY: GREG ALLEN REALTY F'�'�4►�111T�R- LEIVII'�S� P,L,C. M' GENERALIZED DEVELOPivIENT PLAN 2659 SENSENY RD. i _ 116 South Stewart Street WINCHESTER, VIRGINIA 22602 - WINCHESTER, VIRGINIA 22601 1•vtoo' oruww err: ces TELEPHONE {540) 662 -5792 �oB �oso2ola FACSIMILE (540) 662 -5793 ��=' %�� /os EMAlL: office�painterlewis.com PRELIMINARY �aswldc No.: GENERALIZED SI'fEPLAN EXHIBIT 1 R.r,ZC?NINi� APPI,I�'aTIGN FGIIM FIZEI)Eitl+�Ii G(IUNTY, VIRGINIA - To be conz�Zeted by Planning Staf, f.'� Fee Amount .Paid $ � ��___ Zoning Amendment Number �-`- � � Bate Deceived `� , 0 � PC Hearing Z7ate z :� � � � _� � ®� Hearing I?ate � �_l�{ j � t. —�! The,f ©llowirig infor�rnati ©n shall be�arovided by the applicant: All parcel identification numbers, deed baok and page numbers may be obtained from the Cif�ee of the C'offnanissioner of Iieven�ee, I2eai �siate ]�iS��isaon, M7 North bent Street, Winehester. 1. applicant: �.�9'L. �i'�� -�'�' ,rJ --�. Name:.. , �,� j�r-�+' - ��_� Telephone: �— ;� !� �--f �, Address: '.� 4°I � t� �'��'� 2. Property t7dvner (if daf %rent than above): Name:��li��fy �,� ��5 Telephone �/ ,L.. �- Address: � � �� t�l�•�� ..� _� ��7- ��vr 30 �ontaet person if other than shove: Name: `Telephone: 4. Property Information: a. Properly Identification Number(s): � � - �' --�� '� b. Total acreage to be rezoned: c. 'Total acreage of the parcels) to be rezoned (if the entirety of the pareel(s) is not being rezoned): d. Current zoning designations) and acreages) in each designation: � � _ e. Proposed zoning designatian(s) and acreages) in each designation: f. Magisterial District(s): �-� �',� 12 �. {Checklist° Check the following items that have been included with this application. Location map Ageney Comments i�'_ _�!�'�_ 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 a]1 submitted documents, maps and exhibits _ _ 6. The Code of Virginia allows us to � °egaest full disclosure of ownership in relation to �°ezo�oing applications. Please list below all owners or parties in interest of the land to be rezoned: .. /I�SL 7. Ad,�oinin� Property: PARCEL ID NLTN�LIt �S �� GPI � Z- �.- 1,!2�� r i c� i Gl -.�u, n' ..�...� 1T.�f'c[��.h. •r�� r ZONING �n �� y{ ��r � � +� S $. Location: The property is located at {give exact location based on nearest road and distance from nearest intersection, using road names and route numbersj: 13 4, TtIle fell ®wing ixnfa��•ma�ti�n stn ®uld �� pr�r�viete�l �ecux°ciing t® tine type of t°eze�nin�.g pr°up ®sedo Dumber of Units Proposed Single family homes: °� rl'ownhome: Multi - family: IVon- residential Lots: Mobile Rome: Hotel Rooms: Square footage of Proposed Uses C?ffice: Service Station: retail: Manufacturing: restaurant: Warehouse: _ Commercial: ®then: 10. Signature: 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. 1 (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is subrrnitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the hoard 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): ...� � t- �2��_� Date: "% .�, d�' +�/�f�,�� .' � Date: �� Owners }: �� '�� s` Date: 7 7 Date: PIN 465 -A -46 Rezoning ��07 -16 Senseny Road Rentals LLC VJL_...V _._ / _ iv Name Walker & Paula Beard Property# 65F -2 -2 -113 Name Sandra Shipe Property # 65F -2 -2 -112 Name Gerald &Autumn Kepner Property # 65F -2 -2 -111 Name Molden Real Estate Property # 65F -2 -2 -110 Name Glenmont Village Association Property # 65D- 4 -5 -65A Name Property # Name Property # Name PrnnPrty # I l�J .. �. � _ •� 1 ! _ �_ ,. W _ ,� �� -.� _ ' — — .., .. ._ -- �' '""�7� ~ � �� I JUANlTA.A. NINES & GER L�A- �- N£PN£R t� } A6OLDtN'R£At -� ,..J �� } } „_, 7 i / r� ""'� I � f; ({ RICHARD A. NINES } A. �BA7ES- NEYNER' J } ESTATE CORP. J } • } I PtN� 6tif- 22 -.72 P11J : 65+�' 22 -f t t 1/ PINS• 6S� 22 -i JQ `"� � I 7 °�, f } } � + I i__ �, I ii2? k7n Ps>:': �a24 0.8883 PEi: 75 DEEDS 'J? ,t1,3Ea � = ( `";� �...._- Y_ r � L, ...r } ZONED, RP 1 I � __ �.._. � } I ( ztittEk7..;RP I i zD�r£n :RP�7 . �_.. `ti `; USE S7NGLE FAMILY USE.• SiNt>Yf F LY USE: S/NGLE fAA4 /LY _ j �. t� RES/DL7JAAL � RE57OElJRA ` RESIDENTIAL � � " � � `� - "' (jj c 1 j7 " i i � j i J / J .. :� f /! \� / ; r � i� i `, -- .— P t l j' � .f ,, _ .... .. _, LWEGORY. k� TAMMY MAGEf � � � �-�° i DEZD• bO4 -2514D f � � ' ZONED.• RP // , !' � Y USE• 51Nq.E FAM1L Y � • � r i� - a 1 .'. ,.'� RESIDENTIAL � � ` ,�� `� ACRES• O85 , �'� ..- � � � , ,.. ..... f �,,,. ` ;JAMES EDMONDS "� `• ,• } � � '. PINS 65 -A -45 -. `, � �- •,/ SENSENY ROAD R TAL.� LLG"-'- D9.: T59 PG: 730? I }° •� `FtNf.� 65 A -48 '�, ZONED: RA DEED.' - -13145 USE:• S/NCLE FAMILY } + •.... ".. "� � � ZOh. RA � `SESIDEN7TAt I ^--° -. _..... ' DENNtS LOA%GERBfAM CL4VSTR. LLG .,..�� ' USE• S! G"E FAMILY � AGY£S: 2OD � � ,� ..., PtN�F 85f= '4.J -3 .. � R SlDENDAL � ': .� t '�.� DEED: 'OI -989? RES: 2376 " ,� -�� "USE. S7NGL£FAMlLY `""'" "�� ACRES' 0 86 � ` _..._ _. . r f -._ ,� / '^� t ......�._. _., w � - �r _... "_. °i � �._ .,. } ... \..�� L° `� ALEXANDER HOMES •� `'�� PlN� 85F-4 t -4 `` .. .._. _. ., ..... ".._ __ .._^ ,... DEED: -04 -5972 ..,. , . ;.,. .,.... .,. ..,. ZQYED: RP ......,... *... USE.• 51NGLE FAMILY � � ..,� READENTtAL ': ❑ •'� t A{�'£5• 0.88 � "�'" " '� ..... _� . . -m . ,.,; 7...71J1 V1��1 Y l 1 L Cll`i1J ,....� .�..... � ,,....•. w.e. ,_ .. . _.. '^{ .., `. ' "" " " "' �� •- , a � �. JAMES BURDOCK dr s. � � \ � "� '� ~h � "" �' ... . , GIN PtNj:' 6��4 5- 65A�77� \ `� ASNIEY KNUPP KENN R. DEMERS P!N /.• 650 -8 7 -t9 �-"- i I P/Nj.'� 65D-6 7 -P8 r-• ._D.B.: -D2 -12729 } �-- ---- ---� .. �• ^t (f° "'"- ...�. _I i .._� •,. � D£ED: BK.: 674 PG.: 802 t � °"` ... �`' ZONID: RP, D.B.: - 02- T774d� Z�ID' � �� IUSE:• USE.' �GLF'�MILY) I I R SlDENTI�L Ir ..,... •� �; USE. O7NLR �., _......� `. �� P.87 � ANGLE fAMlLY StD RE ENj7AL I .-- -- -1 - -- _ ........._. _...1 I �`� 3 X00 r..7 0 100 ��' . �, t � .._. �.� „Q? L. � \ ` �. � � � '`, ` • _,�;......,....,�:��rl� � .._C�.r'cle .Rt. .1146 .�� - -�� GREG ALLEN REALTY - -... — - oRAwN Br: 2659 SENSENY RD. �P,�►��rE�- �.�r�its� ,PAL,(;® WINCHESTER, VIRG)NIA 22602 � 116 South Stewort Street �__ =___� wINCHESiER, VIRGINIA 22601 CALE: 1" =LOO' DRAWN BY: C @S JOB #0502018 TELEPHONE (540) 662 -5792 DATE:O5J21 /O5 FACSIMILE (540) 662 -5793 OVERALL SITE DRAWING NO.: EMAIL: officeC�7pointeriewis.com � MAP EXHIBIT 1 �� (] 1 423 �� ii " — i�i NISTORICA� PROPERTY KEY 108 - VALLEY MILL FARM ** - 396 - HOUSE, ROUTE 659 gs 397 -ADAMS FARM y" 398 - HAGGERTY HOUSE 423 - BRAiTHWA1TE HOUSE 1133 - FULLER- CHAPMAN HOUSE ** �� 1 ' fi.E RADIIiS FROM 1134 - CARPENTER HOUSE CENTER OF SITE 1150 -CARTER - LEE- DAMRON HOUSE 397 1151 - FORD- BRAITHWA(TE ** '�"� �`' 1152 - OUTBUILDINGS, RT. 657 398 ( 1153 - CARPER HOUSE 1154 -TICK HILL 1150 1155 - HOUSE, RT. 657 �� NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT CLARKS SITSUftVEYER�POR BOF FREDERICK COUNTYKS COUNTY � a �' �� a� Z W � �� J � W � tY W � QD � W �W t/) _ � w 0 a_ V ...� � O � r� v t� co rn �; i N N � I � N 1` � � � Q O CO (O G W3 �c o 'o a:'��' o a JN s- `(j � �^� Qi ,/,� � } � U t°n yr s E ° W°' � .N . (O L N U ■ `- � � � O ZW Q C.7 � Z � J W � W Z OZ Uw SURVEY: 0,�,; NA NONE DRAWN BY: JOB NO.: 1200 0 1200 SEM 0502078 _ �� SCALE: DATE: = 1" =7200' 09/28/05 Scale i` = 1200 ft SHEET: EX. 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administrator "�'� `� RE: Request to Remove Parcels 45- A -lOV, 45- A -lOW, 45 -A -30, 45 -A -31, 45- A -32 and 45- A -32A, owned by Cumberland Properties 1V, LLC. from the North Opequon Agricultural and Forestal District. DATE: September 1, 2016 Please find attached a letter from agent for Cumberland Properties 1V, LLC, dated July 15, 2016. Mr. Cumberland has requested the removal of the above - referenced parcels from the North Opequon Agricultural and Forestal District. The North Opequon Agricultural and Forestal District was established in 2013 and has been renewed one time. The most recent renewal of this District occurred in 2015 for a period of five years. Currently, 407.48 + /- acres are contained in this District. Section 15.2 -4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request removal of land from an Agricultural and Forestal District through a public process via the local governing body. Mr. Cumberland desires to remove six (6) parcels totaling 407.48 + /- acres from the North Opequon Agricultural and Forestal District. The removal of these parcels will extinguish the District. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting on July 26, 2016. The ADAC unanimously recommended that the six (6) parcels totaling 407.48 + /- acres be removed from the North Opequon Agricultural and Forestal District. Staff will present mapping during the Board of Supervisors Meeting which delineates the location of this acreage. PLANNING COMMISSION SUMMARY — 8/17/16 Staff reported this is a request to remove six (6) parcels totaling 407.48 + /- acres from the North Opequon Agricultural and Forestal District. The North Opequon Agricultural and Forestal District was established in 2013 and has been renewed one time; with the most recent renewal occurring in 2015 for a period of five (5) years. Staff noted the removal of these parcels will extinguish the District. Staff presented a location map of the parcels. 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 It was reported that the Agricultural District Advisory Committee (ADAC) considered this request during their meeting on July 26, 2016. Staff noted the ADAC unanimously recommended that the six (6) parcels totaling 407.48 + /- acres be removed from the North Opequon Agricultural and Forestal District. A citizen came forward and inquired why the parcels were added and now being removed. Staff explained the Agricultural and Forestal Districts in Frederick County are all voluntary; a property owner can request at any time to have a property removed. Staff concluded this property owner is looking into Conservation Easements and also some development through boundary line adjustments. A motion was made, seconded, and unanimously passed to recommend approval for the removal of six (6) parcels totaling 407.48 + /- acres from the North Opequon Agricultural and Forestal District. Absent: Thomas Property Pending Removal from the 2015 -2020 Agricultural &Forestal Districts � � PIN � ro �i �tjrr•;.,,� Ag &Forestal Districts 45 iiF SHER 10V CUMBERLAND PROPERTIES IV INC 6.50 � DR ,•• 4 � : ` � � DOG WOOD `N � A 10W .r 5 f �,� �� , vP�� S - ` North Opequon 45 �,�-: ni ,l' G �'k +: 2 CUMBERLAND PROPERTIES IV LLC 98.91 ' . �� y °M ��; . �' Q a m CUMBERLAND PROPERTIES IV LLC F North Opequon 45 A � ::' 237.41 North Opequon OLD CHARLES TOWN�RD' ;r ,, t I �, ..:: i 32A CUMBERLAND PROPERTIES IV LLC � North Opequon �� ; s �A . �, Q � �', }.:: iT�. � � S �r1 .. r � ':, \F?�H 'e.. + MT�i ��,�.� Q,�:. �_� ` � �. a CLARKE COUNTY \,` } � _ ,,., „ �'± :w�.� VIRGINIA . .. c. �� \ Y .l.Z sfr�• h � �FF�ti � �° o pFG, OyF �� p O'4 � �o SrFRYR�DG �.„ ..Q.N � `o�� F,pD � 0.yt� Parcels Note: Frederick County Dept of Planning &Development 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2016 0 0.1 0.2 0.4 Miles PIN Owner Acres Ag &Forestal Districts 45 A 10V CUMBERLAND PROPERTIES IV INC 6.50 North Opequon 45 A 10W CUMBERLAND PROPERTIES IV INC 6.62 North Opequon 45 A 30 CUMBERLAND PROPERTIES IV LLC 98.91 North Opequon 45 A 31 CUMBERLAND PROPERTIES IV LLC 50.75 North Opequon 45 A 32 CUMBERLAND PROPERTIES IV LLC 237.41 North Opequon 45 A 32A CUMBERLAND PROPERTIES IV LLC 7.29 North Opequon Note: Frederick County Dept of Planning &Development 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: July 14, 2016 0 0.1 0.2 0.4 Miles Name: Mailing Address: Property Address: Phone: {703 }906 -0526 i' 1' ! !. i. � � ,, Cumberland Properties IV, LLC —Bill Cumberland 3201 Burton Way, Herndon, Virginia, 20171 1649 Old Charlestown Road, Stephenson, Virginia, 22656 I would like to have the following tracts in the North Opequon Agricultural and Forestal District removed from the district in order to perform boundary line adjustments needed to prepare the land for +conservation easements: Tax Map # Acreage Tax Man # Acr,�a�e 45- (A } -10V 6.502 "' 45- (A) -�1 50,748 45- (A) -10W 6.615 " 45- (A } -32 Parcel l 148.103 45- (A } -30 98,906 45- {A) -32 Parcel 2 89.312 45- (A) -32A 7.2$9 Signature - -Owner Bill Cumberland Cumberland Properties IV, LLC (703) 906 -0526 711 512 0 1 6 Date REMOVAL OF PARCELS Action: PLANNING COMMISSION: August 17, 2016 - Recommended Approval BOARD OF SUPERVISORS: September 14, 2016 APPROVED U DENIED REMOVAL OF PARCELS FROM THE NORTH OPEQUON AGRICULTURAL &FORESTAL DISTRICT WHEREAS, a proposal to remove parcels from the North Opequon Agricultural &Forestal District by 407.48 acres, was considered. The property is located in the Stonewall Magisterial District along Old Charleston Road and is identified by Property Identification Numbers 45- A -lOV, 45- A -lOW, 45 -A -30, 45 -A -31, 45 -A -32, and 45- A -32A. WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on July 26, 2016; and WHEREAS, the Planning Commission held a public hearing and recommended approval on this proposal to removal parcels from the North Opequon Agricultural &Forestal District on August 17, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to remove parcels from the North Opequon Agricultural &Forestal District on September 14, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the removal of these parcels from the North Opequon Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby decreases the 2015 -2020 North Opequon Agricultural &Forestal District by 407.48 acres, which extinguishs the District. PDRes. #27 -16 -2- This ordinance shall be in effect on the day of adoption. Passed this 14th day of September, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Blaine P. Dunn PDRes. #27 -16 Robert W. Wells Judith McCann - Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator