Loading...
HomeMy WebLinkAboutJanuary_11_2016_Board_Agenda_PacketCall To Order Invocation AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 11, 2017 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Pledge of Allegiance Organization of the Board of Supervisors for 2017: (See Attached)------------- - - - - -- A Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to Organize Its Functions at Its First Meeting in January Including: A. Election of Vice - Chairman B. Adoption of Rules of Procedure C. Selection of a Parliamentarian D. Selection of Time and Place for Regular Meetings E. Chairman's Board /Committee Assignments. Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda: (Tentative Agenda Items for Consent are Tabs: F, G and O) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes: (See Attached)------------------------------------------------------------------------- - - - - -- B AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 11, 2017 PAGE 2 1. Regular Meeting, November 9, 2016. County Officials: 1. Committee Appointments. (See Attached)------------------------------------- - - - - -- C 2. Request from Commissioner of the Revenue for Refunds. (See Attached) ------------------------------------------------------------------------- - - - - -- D Committee Reports: 1. Finance Committee. (See Attached) -- �� 2. Public Safety Communications. (See Attached)------------------------------ - - - - -- F 3. Transportation Committee. (See Attached) Public Hearing: -- G Consider Adoption of Amended Articles of Incorporation for the Frederick County Sanitation Authority, Pursuant to Section 15.2 -5110 of the Code of Virginia (1950, as amended). The Primary Purposes of the Amendments are to Remove Obsolete Provisions from the Articles and to Provide that Compensation of the Board of Directors of the Authority shall be Set by Resolution of the Authority. Copies of the Proposed Amended Articles of Incorporation are Available at the Office of the County Administrator, 107 North Kent Street, Winchester, Virginia. (See Attached) ------------------------------------------------------------------------- - - - - -- H Planning Commission Business: Public Hearing: 1. Ordinance Amendment to the Frederick County Code, Chapter 144 Subdivision of Land, Article V — Design Standards, §144 -31. Rural Subdivisions. Revision to the Frederick County Subdivision of Land to Reduce the Right -of -Way Width Mandatory to Create a Family Lot Subdivision per the Code of Virginia. (See Attached )----------------------- - - - - -- AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 11, 2017 PAGE 3 2. Ordinance Amendment to the Frederick County Code, Chapter 165, Zoning, Article IX Nonconforming Uses, Structures and Signs, Part 901 — Regulations, §165- 901.02 Discontinuance. Revisions to the Frederick County Zoning Ordinance to Increase the Timeframe a Nonconforming Use can be Discontinued Before it is Deemed Abandoned per the Code of Virginia. (See Attached) ------------------------------------------------- - - - - -- J 3. Ordinance Amendment to the Frederick County Code, Chapter 165, Zoning, Article VI Business and Industrial Zoning Districts, Part 603 — B2 General Business District, §165- 603.02 Allowed Uses and Part 606 M1 Light Industrial District, §165- 606.02 Allowed Uses. Revisions to the Frederick County Zoning Ordinance to Eliminate Motorcycle Repair in the B2 (General Business) District and Allow this Use in the M1 and M2 District. (See Attached) ------------------------------------------------------------------------- - - - - -- K 4. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204 — Additional Regulations for Specific Uses, §165- 204.29 Commercial Recreation Indoor; Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 — General Provisions, §165- 101.02 Definitions and Word Usage; Article VI Business and Industrial Zoning Districts, Part 606 — M1 Light Industrial District, §165- 606.03 Conditional Uses and Part 605 — OM Office - Manufacturing Park District, §165- 605.03.1 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to Include Indoor Recreation as a Conditional Use in the M1 (Light Industrial) Zoning District. (See Attached) ------------------------------------------------------------------------- - - - - -- L 5. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article VIII Development Plans and Approvals, Part 802 —Site Plans, §165- 802.03 Site Plan and Illustrative Sketch Plan Contents. Revisions to the Frederick County Zoning Ordinance to Increase the Disturbed Area Permissible to be Considered a Minor Site Plan from 5,000 Square Feet to 10,000 Square Feet. (See Attached) Other Planning Items: -- M Rezoning Application #12 -16 — Snowden Bridge Station — Proffer Amendment. (See Attached)------------------------------------------------------- - - - - -- N 2. Road Resolution — Abrams Pointe, Phase 1 B. (See Attached) ---------- - - - - -- O AGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 11, 2017 PAGE 4 Board Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjourn }�'�c.. PROPOSED MOTIONS FOR ANNUAL REORGANIZATION ADOPTION OF RULES OF PROCEDURE I move that the Board of Supervisors adopt the Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended September 14, 2011 and Robert's Rules of Order Simplified and Applied. SELECTION OF A PARLIAMENTARIAN I move that the Board of Supervisors elect the county administrator as Parliamentarian. SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS I move that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2017. Should the meeting be cancelled due to inclement weather, then it will take place on the following evening. RULES OF PROCEDURE FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I - MEETINGS Section 1 -1. Annual Meeting; Schedule of Regular Meetings On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2 -1416 of the Code of Virginia, 1950, as amended, are first met. Section 1 -2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2 -1417 and 15.2 -1418 of the Code of Virginia, 1950, as amended. Section 1 -3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1 -4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 2 of Virginia, 1950, as amended. Section 1 -5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and /or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi -part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1 -6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1 -7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1 -8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced, it may not be reconsidered unless and until a motion to that effect is presented by a member of the Board who previously voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. Section 1 -9. Robert's Rules of Order; Suspending Rules [Amended 09/14/11] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as C :\ Users \jtibbs \AppData \Local \Microsoft \Windows \Temporary Internet Files\Content. Outlook\ K2DILKYR \RevisedRulesofProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 3 of 13 amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1 -10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings maybe placed on the agenda, or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2 -3711 of the Code of Virginia, 1950, as amended. Section 1 -11. Limitations on Duration and Hour of Meetings; Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. ARTICLE II - OFFICERS Section 2 -1. Chairman and Vice Chairman [Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1 -1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successors) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 4 of 13 Chair by majority vote of the members present and voting. Section 2 -2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker's right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2 -1410 of the Code of Virginia, 1950, as amended. Section 2 -3. Clerk The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Sections 15.2 -407 and 15.2 -1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE III - AGENDA C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 5 of 13 Section 3 -l. Preparation The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 4 -1 under Order of Business. Supporting information for every item to be placed on the regular meeting agenda shall be received in the Office of the County Administrator before noon on the Thursday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 3 -2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 3 -3. Posting and Notice A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page at www.frederickcountyva.gov, both outside entrances to the Board of Supervisors' meeting room, the main interior doors to the meeting room, and outside the County Administrator's office. Section 3 -4. Copies The Clerk or Deputy Clerk of the Board shall prepare or cause to be prepared extra copies of the agenda and supporting information and shall make the same available to the Handley Regional Library located at Braddock and Piccadilly Streets, Winchester, Virginia, and the Bowman Library located at 871 Tasker Road, Stephens City, Virginia at the same time the agenda is posted pursuant to Section 3 -3, above. Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. The Clerk or Deputy Clerk shall also have a copy of agenda packets available at each meeting. ARTICLE IV - CONDUCT OF BUSINESS C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 6 of 13 Section 4 -1. Order of Business [Amended 06/11/03]; [Amended 01/14/04] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Consent Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments Minutes County Officials Committee Reports Public Hearings (When Required) Planning Commission Items - Public Hearings (When Required) Planning Commission /Department -Other Items Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Section 4 -2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article III. Additions, deletions, or modifications and /or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 4 -3. Consent Agenda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda ", and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection maybe recorded at any time prior to completing the taking of a vote on the motion to approve the C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 7 of 13 Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 4 -4. Citizen Comments Period [Amended 4/14/04] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the Consent Agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall provide their name, the issue they want to address, and their place of residence on the register provided. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are not part of the regular meeting agenda. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their place of residence prior to their comments. Each speaker during the Citizen Comments periods shall be limited to one appearance per citizen comment period per meeting. Individuals speaking during the Citizen Comments periods shall be subject to a three minute time limitation. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI- Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 4 -5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI- Citizen Responsibilities. C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 8 of 13 Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 3 -1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE V - PUBLIC HEARINGS Section 5 -1. Format for Public Hearings It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issues) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 5 -2. Order of Business At public hearings, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and /or Applicant Presentation (c) Public Comment (d) Close of Public Hearing (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and /or consideration Section 5 -3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 9 of 13 public hearing. Section 5 -4. Staff and /or Applicant Presentation The Chair will call upon the appropriate county staff and /or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized and only new information should be presented in detail at the meeting. Section 5 -5. Public Comment Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VI- Citizen Responsibilities. Prior to permitting public comment, the Chair shall determine, to the best of his ability, the approximate number of persons desiring to comment at the public hearing and shall establish the manner in which speakers are recognized and the length of time each may speak. Should the Chair determine that the likely number of persons desiring to speak is 10 or more in number, he may direct that individuals desiring to speak register with staff, providing their name and the district in which they reside. Should registration be required, the Chair shall verify that all such registration has been completed before the hearings begin. Section 5 -6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 5 -7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 10 of 13 may allow, but no speaker shall exceed the total time limit set by the Chair. Section 5 -8. Board Members' Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 5 -9. Staff and /or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 5 -10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 5 -11. Board Discussions and /or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VI - CITIZEN RESPONSIBILITIES Section 6 -1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 6 -2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers, but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 11 of 13 Section 6 -3. Conduct while Speaking /Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 2 -2 of these rules. Board members are expected to observe the same decorum at all meetings. Section 6 -4. Name and Place of Residence Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and place of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 6 -5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 6 -6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 6 -7. Time Limits All persons speaking during any portion of a meeting designated for public comment shall observe all time limits established herein and shall yield the floor when informed their time has expired. Section 6 -8. Registration C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 12 of 13 Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name, place of residence and district. Section 6 -9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and /or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 6 -10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VII - APPOINTMENTS Section 7 -1. Appointments The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. Section 7.2. Committee Appointments [Amended 01/25/06] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member's respective magisterial district or for the county at large. A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a perspective nominee, the following process shall be followed: Applications for vacancies are available through Board members and the County Administrator's Office. A completed application shall be required for all initial nominations; however, a completed application for candidates being reappointed shall not be required. 2. Applications shall be received in the County Administrator's Office up to 5:00 p.m. on the Thursday preceding a Board meeting in order that they might be included in the agenda for review by the members of the Board. C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx Rules of Procedure Frederick County Board of Supervisors Page 13 of 13 3. The applications will be acknowledged at the aforesaid meeting with action on the appointment to be taken at the next regular meeting of the Board. ARTICLE VIII - AMENDMENTS Section 8 -1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) C:\ Users \jtibbs\AppData \Local\Microsoft \Windows \Temporary Internet Fiies\content. Outlook\ K2DILKYR \RevisedRulesolProcedure(Final) Document (BdMtg052803)(Amend091411).docx FREDERICK COUNTY BOARD OF SUPERVISORS' MINUTES Regular Meeting November 9, 2016 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, November 9, 2016 at 7:00 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; Robert A. Hess; Gary A. Lofton; Judith McCann- Slaughter; and Robert W. Wells. agenda. CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator Brenda Garton advised there were no additions or changes to the Upon a motion by Supervisor Lofton, seconded by Supervisor Dunn, 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 Hess, seconded by Supervisor Dunn, the Board approved the following items under the consent agenda: - Minutes — October 26, 2016 Closed Session and Regular Meeting; - Request to schedule a public hearing on proposed revisions to the Articles of Incorporation of the Frederick County Sanitation Authority; - Transportation Committee Report; and, - Resolution of Support — SmartScale Application. 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 Supervisor Hess announced that he and his wife would be moving into the City of Winchester and as a result he would be resigning as a member of the Board of Supervisors effective November 30, 2016. MINUTES — APPROVED UNDER THE CONSENT AGENDA The minutes from the October 12, 2016 Closed Session and Regular Meeting were approved under the consent agenda. COUNTY OFFICIALS RECOGNITION OF THE FREDERICK COUNTY FINANCE DEPARTMENT FOR RECEIVING THE GOVERNMENT FINANCE OFFICERS ASSOCIA_T_ION DISTINGUISHED BUDGET PRESENTATION AWARD Chairman DeHaven recognized the Frederick County Finance Department for receiving 2 the Government Finance Officers Association Distinguished Budget Presentation Award. He noted the Government Finance Officers Association of the United States and Canada (GFOA) had awarded Frederick County, Virginia the GFOA's Distinguished Budget Presentation Award for its budget. This award represents a significant achievement by Frederick County and reflects the organization's commitment to the highest principles of governmental budgeting. The Government Finance Officers Association established the Distinguished Budget Presentation Award Program in 1984 to encourage and assist state and local governments to prepare budget documents of the highest quality that reflect best practices on budgeting and to recognize individual governments that succeed in achieving that goal. Documents submitted are reviewed by GFOA professionals and by outside reviewers. Each reviewer rates the budget document in regard to 27 specific categories. In order to achieve the award the document must be rated proficient or outstanding. States, localities, school districts and community colleges all participate in the Budget Awards Program. Frederick County has been a recipient of this award for 31 consecutive years; 26 years have been under the leadership of Cheryl Shiffler, Finance Director, and Jennifer Place, Budget Analyst. Chairman DeHaven recognized Ms. Shiffler and Ms. Place for their hard work, leadership, and dedication in improving the quality of Frederick County's budget each year and receiving this award is a testament to their efforts. Frederick County was one of 65 recipients in the Commonwealth of Virginia. COMMITTEE APPOINTMENTS REAPPOINTMENT OF JEFF STEVENS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board reappointed Jeff Stevens to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires August 12, 2018. 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 (Supervisor Dunn stated under Board Liaison Reports that he had intended to vote no on this Shawneeland Sanitary DistrictAdvisory Committee appointment based on the merits of the process and not the individual.) REAPPOINTMENT OF MICHELLE LANDON TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board reappointed Michelle Landon to the Shawneeland Sanitary District Advisory Committee. This is a two year appointment. Term expires October 8, 2018. Supervisor Dunn stated he would be voting against this reappointment because he felt the residents of Shawneeland should elect their representatives. 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 Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye RESOLUTION RE: TAX FILING EXTENSIONS - APPROVED Commissioner of the Revenue Ellen Murphy advised that the Code of Virginia required the Board of Supervisors to approve a resolution to allow the Commissioner of the Revenue to give filing extensions to taxpayers who have good cause for filing late. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved the resolution regarding tax filing extensions. WHEREAS, the Frederick County Code requires that the annual return of taxable machinery and tools (M &T) and business equipment (BE) employed in a business or trade be filed with the Frederick County Commissioner of the Revenue on or before March 15th each year; and WHEREAS, Frederick County taxpayers often request extensions of time for the filing of M &T and BE returns; and WHEREAS, pursuant to Section 58.1 -3916 of the Code of Virginia, a governing body may provide by resolution for reasonable extensions of time, not to exceed 90 days, for filing M &T and BE returns, whenever good cause exists; and WHEREAS, Section 58.1 -3916 of the Code of Virginia also directs the official granting such extensions to keep a record of every such extension and directs that any taxpayer who has been granted a filing extension but fails to file the return within the extended time be treated the same as if no extension had been granted; now, therefore be it RESOLVED, that the Frederick County Board of Supervisors hereby grants the Frederick County Commissioner of the Revenue authority to allow, upon request of a taxpayer for good cause, a reasonable extension of time, not to exceed 90 days, for filing the annual return of machinery and tools and /or business equipment; and be it further RESOLVED, that the Frederick County Commissioner of the Revenue shall comply with remaining provisions of Section 5$.1 -3916 of the Code of Virginia including with regard to recordkeeping and the treatment of taxpayers who fail to file their returns within the extended time period. Enacted this 9th day of November, 2016. 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 PERFORMANCE AGREEMENT FOR SHAWNEE CANNING COMPANY INC. - APPROVED Upon a motion by Supervisor Hess, seconded by Supervisor Fisher, the Board approved the performance agreement for Shawnee Canning Company, Inc. WHEREAS, SHAWNEE CANNING COMPANY, INC. has made known its intent to expand its operation by making new taxable machinery and equipment and real property improvements and retain and create jobs; and BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $7,500 as stated in the executed Performance Agreement to the Economic Development Authority of Frederick County, Virginia from Frederick County's Fund Balance to assist in expanding the operation for SHAWNEE CANNING COMPANY, INC. in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. ADOPTED, this 9t" day of November 2016. 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'S 2036 VISION AND STRATEGIC PRIORITIES - APPROVED Administrator Garton presented the Board's 2036 vision and strategic priorities for approval. She noted that once the Board approves the priorities staff would create a work plan to accomplish the targets. Chairman DeHaven stated that under Fiscal Responsibility 7 the final two bullets should say "establish discussion of future capital projects and establish discussion of a reserve through 3 the budget process." Upon a motion by Supervisor Dunn, seconded by Supervisor Lofton, the Board approved the 2036 vision and strategic priorities. 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 RE[�UEST TO SCHEDULE A PUBLIC HEARING ON PROPOSED REVISIONS TO THE ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY — APPROVED UNDER CONSENT AGENDA The Board scheduled the public hearing for its January 11, 2017 meeting. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on October 24, 2016 at 8:30 a.m. Members Present Gary Lofton (voting) Judith McCann- Slaughter (voting) Barry Schnoor (voting) Gary Oates (liaison PC) James Racey (voting) Members Absent Mark Davis (liaison Middletown) Gene Fisher (voting) Lewis Boyer (liaison Stephens City) ** *Items Requiring Action * ** NONE ** *Items Not Requiring Action * ** 1. Fall Transportation Forum The Committee discussed the responses to date from the state elected officials for the transportation forum and directed Staff to poll the Board for their availability. The Committee also discussed several items that could be key points of discussion at the meeting. 7 2. Welltown Road Speed Concerns Staff began by clarifying that Mr. DeHaven had actually been contacted about Rest Church Road but noted that the system concerns remained an issue and that Welltown Road should be considered in the discussion. Staff noted that they are meeting with VDOT regarding the status of the improvements to the intersection of Welltown Road and Martinsburg Pike and also to discuss with VDOT the possibility of moving the truck restriction signs on Welltown to the north of Tyson Drive. Sheriff Milholland will be placing equipment on Rest Church Road and Welltown to gather traffic and speed data to aid the Committee in determining whether to request a formal speed study from VDOT. 3. County Projects Update Snowden Bridge Boulevard: Construction is underway and on schedule at this time. Completion is imminent. 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 nearly complete. Staff is having a teleconference regarding the TIA on 10/ 17. Renaissance Drive: Transportation Partnership Opportunity Fund application has been submitted which could change the project from a grade to a bridge crossing. The meeting for the consideration of the application is expected to take place shortly. 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. 4. Other Mrs. McCann- Slaughter noted that she would be accompanying Staff to the Commonwealth Transportation Board forum that was held on October 24 at Blue Ridge Community College in Weyers Cave. 8 There was also additional discussion on strategies to plan for transportation challenges as new schools come on line including traffic plans and police presence. FINANCE COMMITTEE REPORT JOINT MEETING WITH BOARD OF_ SUPERVISORS 1 — APPROVED DEBT MANAGEMENT GUIDELINES A Joint Finance Committee /Board of Supervisors meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, November 2, 2016 at 8:00 a.m. Member Angela Rudolph was absent. The purpose of the meeting was to discuss debt policies. Please find attached the following documents to aid in discussion: A. Summary spreadsheet, B. Finance staff recommendations, C. Davenport &Company presentation 9/14/16, D. Davenport &Company analysis of 12th Elementary School and Armel School Addition 10/18/16. Items requiring action: The committee recommends drafting policies based on the Finance staff recommendations. See attached sample. Debt Management Introduction One of the keys to sound financial management is the development of a debt policy. The need is included in both recommended practices by the Government Finance Officers Association and by bond rating agencies. Key Debt Ratio Guidelines Tax Supported 10 -year Payout Ratio should be greater than 65 %. The 10 -year payout ratio measures the amount of principal to be retired in 10 years. Debt to Assessed Value should be in a range not to exceed 0.75 % - 1.75 %. Debt Service vs. Governmental Expenditures Ratio should be in a range not to exceed 8- 12%. Governmental expenditures represent the ongoing operating expenditures of the County and School Board. In this calculation, debt service and capital expenditures are excluded from expenditures. Upon a motion by Supervisor Slaughter, seconded by Supervisor Hess, the Board approved the key debt ratio guidelines. 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 PUBLIC HEARING. PROPOSED CONVEYANCE TO SHENANDOAH MOBILE, LLC OF A LEASEHOLD INTEREST IN A 10,000 Si�UARE FOOT t 100 FEET BY 100 FEET} AREA AND ANON- EXCLUSIVE EASEMENT TO REACH THAT AREA. WITHIN PROPERTY OWNED BY FREDERICK COUNTY, LOCATED AT 871 TASKER ROAD TAX PARCEL NUMBER 75B -A -L IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED County Attorney Rod Williams advised this was a proposal for a lease of 10,000 square feet of county property to enable Shentel to explore the possibility of constructing a telecommunications facility. The proposed lease has an initial term of five years with seven five year renewals. Lynn Koerner, Shentel, appeared before the Board on behalf of the lessee. He noted the company had significant need for service along Tasker Road in Stephens City. He stated if the Board saw fit to approve the lease then the company would move forward with necessary documents to obtain a conditional use permit. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board approved the lease with Shenandoah Mobile, LLC. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye 10 Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT #12 -16 FOR ALMA CARTER AND RONALD CARTER, SUBMITTED FOR AN OFF - PREMISE FARM MARKET. THE PROPERTY IS LOCATED AT 131 GAINESBORO ROAD, WINCHESTER, VIRIGNIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 29 -A -63 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPRnVFn Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for an off - premise farm market. The property is zoned RA (Rural Areas) District and the adjacent properties are also zoned RA (Rural Areas) District. The property is located off of Gainesboro Road. Zoning Administrator Cheran noted that farm markets are permitted in the RA District with an approved conditional use permit. He noted the applicant proposed to have 10 employees to help staff the farm market. He concluded by saying the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester- Frederick County Health Department for well and sewage disposal system to be utilized for this property. 4. 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. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. Chairman DeHaven convened the public hearing. 11 There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Hess, seconded by Supervisor Dunn, the Board approved Conditional Use Permit #12 -16. WHEREAS, Conditional Use Permit #12 -16 for an Off - Premise Farm Market, submitted by Alma &Ronald Carter, was considered. The Property is located at 131 Gainesboro Road, Winchester, Virginia, immediately south of Route 522 (North Frederick Pike) and is further identified with Property Identification Number 29 -A -63, in the Gainesboro Magisterial District; and, WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on October 19, 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 November 9, 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 #12 -16for anOff- Premise Farm Market on the parcel identified by Property Identification Number 29 -A -63 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester- Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non - illuminated, freestanding monument business sign is allowed with is Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. 12 Passed this 9th day of November, 2016 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 REZONING #11 -16 FOR SOUTHERN HILLS. SUBMITTED BY GREENWAY ENGINEERING INC. TO REZONE 37.79 ACRES FROM RP RESIDENTIAL PERFORMANCE DISTRICT TO RP RESIDENTIAL PERFORMANCE DISTRICT WITH REVISED PROFFERS AND 2.56 ACRES FROM B2 GENERAL BUSINESS DISTRICT TO B2 GENERAL BUSINESS DISTRICT WITH REVISED PROFFERS. THE PROPERTY IS LOCATED ON THE EAST SIDE OF TOWN RUN LANE ROUTE 1012 APPROXIMATELY 0.6 MILES SOUTH OF THE INTERSECTION WITH FAIRFAX PIKE ROUTE 277 AND TOWN RUN LANE AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 85D- 1 -1 -95 IN THE OPE UON MAGISTERIAL DISTRICT. - APPROVED Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to revise the proffers from Rezoning Application #22 -06 for 40.36 acres to allow the construction of up to 130 single family units. The proposed request would decrease the number of units by 102 and change the housing type. The new proffer policy applies to this proposal regarding specifically attributable impacts. The total impact is $830,630.70 or $6,389.46 per unit. She concluded by saying the Planning Commission recommended approval. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the application. Supervisor Hess asked Mr. Wyatt "did any county representatives suggest, request, or require the applicant to make any proffers for this rezoning ?" Mr. Wyatt responded "no sir, they were voluntary." 13 Supervisor Hess asked "is it your understanding that the proffers were made freely and voluntarily without any coercion ?" Mr. Wyatt responded "yes sir ". Supervisor Hess asked "do you believe that the proffers the applicant has proposed are reasonable and appropriate ?" Mr. Wyatt responded "we believe they are, yes sir." Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Wells, seconded by Vice - Chairman Fisher, the Board approved Rezoning # 11 -16. WHEREAS, Rezoning #11 -16 of Southern Hills —Phase 2, submitted by Greenway Engineering, Inc., to revise the proffers from Rezoning Application #22 -06 for 40.36 acres (37.79 acres of Residential Performance and 2.57 acres of General Business zoning) to allow for the construction of up to 130 single family detached units with the proffers final revision date of October 13, 2016, was considered. The Property is located on the east side of Town Run Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane, and further identified with Property Identification Number 85D- 1 -1 -95 in the Opequon Magisterial District; and, WHEREAS, the Planning Commission held a public hearing on this rezoning on October 19, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 9, 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 proffers associated with rezoning #22 -06 for 40.36 acres. These amended proffers modify the housing type from single - family attached (townhouse) units to single - family detached units as well as decrease the number of units from 232 to 130 units; decreasing the total units by 102, with a final 14 revision date of October 13, 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 9th day of November, 2016 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 OTHER PLANNING ITEMS DISCUSSION — PROPOSED ORDINANCE AMENDMENT — INDOOR RECREATION IN THE M1 DISTRICT —SENT FORWARD FOR PLBLIC HEARING Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to allow commercial indoor recreational uses as a conditional use in the M -1 (Light Industrial) and O -M (Office - Manufacturing) Districts. The Development Review and Regulations Committee and the Planning Commission discussed the proposed amendment and forwarded it to the Board for consideration. She concluded by saying staff was seeking authorization to send it forward for public hearing. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Hess, the Board sent this proposed ordinance forward for public hearing. WHEREAS, an ordinance to amend Chapter 165, Zoning — to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office Manufacturing Park) District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their September 23, 2016 meeting and sent the proposed amendment 15 forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on October 19, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on November 9, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ;and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to include the zoning ordinance requirement to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office Manufacturing Park) District. Passed this 9th day of November, 2016 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 DISCUSSION - PROPOSED ORDINANCE AMENDMENT —MINOR SITE PLAN THRESHOLD —SENT FORWARD FOR PUBLIC HEARING Assistant Planning Director Candice Perkins appeared before the Board regarding this item. She advised this was a proposed ordinance amendment to modify the standards for the submittal of a minor site plan. The proposed amendment increases the disturbed area from 5,000 square feet to 10,000 square feet to be consistent with the state requirements for a land disturbance permit. She went on to say the Development Review and Regulations Committee and the Planning Commission reviewed the proposed amendment and sent it forward to the Board for review. She concluded by saying staff was seeking Board authorization for send this proposal forward for public hearing. 16 Upon a motion by Supervisor Wells, seconded by Supervisor Lofton, the Board sent this proposed ordinance forward for public hearing. WHEREAS, an ordinance to amend Chapter 165, Zoning — to modify the standards for a submittal of a minor site plan from 5,000 square feet to 10,000 square feet, was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their September 23, 2016 meeting and sent the proposed amendment forward for review by the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission discussed the changes at their regularly scheduled meeting on October 19, 2016 and agreed with the amendment; and WHEREAS, the Board of Supervisors discussed the changes at their regularly scheduled meeting on November 9, 2016; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165 ;and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to change the zoning ordinance requirement to increase the disturbed area to 10,000 square feet. Passed this 9th day of November, 2016 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 RESOLUTION OF SUPPORT — SMARTSCALE APPLICATIONS — APPROVED UNDER CONSENT AGENDA WHEREAS, this resolution supports the following Frederick County SmartScale Applications for the following projects: 1. Route 37 Extension from Tasker Road to Route S22 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. 17 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, turns 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. WHEREAS, the Virginia Department of Transportation (hereafter referred to as the DEPARTMENT) has adopted procedures for evaluating and scoring projects consistent with SmartScale requirements; and WHEREAS, the DEPARTMENT has requested applications to be submitted by localities to be considered for inclusion in the DEPARTMENT'S Six -Year Improvement Program for Fiscal Years 2018 through 2023; and WHEREAS, projects will be evaluated for inclusion in the Six -Year Improvement Program through screening and scoring process to be undertaken by the DEPARTMENT; and WHEREAS, each of the projects for which the County Frederick is applying play important roles in the County's long -range transportation plans and near term traffic safety concerns; and WHEREAS, the County of Frederick is an eligible entity to apply for transportation funding under House Bill 2; NOW, THEREFORE, BE IT RESOLVED THAT the Frederick County Board of Supervisors is supportive of each of these applications for inclusion into the Six -Year Improvement Program fiscal years 2018 through 2023. ADOPTED, this 9th day of November 2016. This resolution was approved under the consent agenda. BOARD LIAISON REPORTS 18 Supervisor Dunn stated it was his intent to have voted no on both Shawneeland Sanitary District Advisory Committee appointments based upon the merits of the process and not the merits of the individual. He asked that the minutes reflect his intent. The Board was amenable to this request. CITIZEN COMMENTS Alan Morrison, Gainesboro District, expressed appreciation to Supervisor Hess for his service as a member of the Board of Supervisors. He then reported that he attended the work session between Frederick County Public Schools and the Board of Supervisors. He stated that he liked the process, but during the meeting several red flags were raised. He noted the graphs presented took small changes and made them look dramatic. He spoke about the proposed 4th high school and stated that the only option the school board presented to the Board of Supervisors was a new school at a cost of over $90 million. He concluded by saying a lot of the comparisons made tonight were inappropriate. Ruth Perrine, Back Creek District, stated she was sorry to see Supervisor Hess go, but she was pleased to see that what he was doing was best for his wife and family. She reported briefly on the work of the Clowser House Committee. She concluded by wishing Supervisor Hess the best. BOARD OF SUPERVISORS COMMENTS Vice - Chairman Fisher thanked Supervisor Hess for his service and stated it was a pleasure "having you sit next to me ". Supervisor Lofton praised Supervisor Hess for his understanding of the problems that citizens go through and for his incessant and untiring work for his constituents. He concluded by saying he enjoyed working with him. 19 best. Supervisor Wells echoed Supervisor Lofton's comments and wished Supervisor Hess the Supervisor Slaughter echoed everything that had been said. She stated that Supervisor Hess would be truly missed. She concluded by saying that one of the best parts of this group was listening to Supervisor Hess's invocations. Supervisor Dunn agreed that Supervisor Hess's prayers were thoughtful and he was sorry to see him go. Chairman DeHaven stated, on behalf of the community and Board, it was an honor to serve with Supervisor Hess and he had served with distinction. He went on to say the Board now had the task of finding a replacement and he would like to follow the process used in the past, which included an ad in The Winchester Star and posting on social media. He stated candidates would be sought for the interim appointment and the deadline to apply would be November 28, 2016 at 5:00 p.m. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the use of the process outlined. 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 All.TfliTRN UPON A MOTION BY SUPERVISOR FISHER, SECONDED BY SUPERVISOR SLAUGHTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS ►� 1 BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:18 P.M.) 21 a COUNTY of FREDERICK i� Brenda G. Garton County Administrator IV! E M Q� R A N D U M� 54U/665 -6382 Fax 540/667 -0370 E -mail: bgarton @fcva.us TO: Board of Supervisors ti ,,... FROM: Brenda G. Garton, County Administrato�l�i.�� }�lti;���l�'` �'� DATE: January 4, 2017 RE: Committee Appointments Listed below are the vacancies /appointments due through February, 2017. As a reminder, in order for everyone to have ample time to review applications, and so they can- be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. VACANCIES /OTHER Lord Fairfax Community College Board Tara L. Woolever — County Representative 118 Plankwood Court Stephens City, VA 22655 Term Expires: 06/30/20 Four year term (Ms. Woolever has resigned.) JANUARY 2017 Historic Resources Advisor Board Christopher Oldham — Member -At -Large Representative 155 Sterrett Lane Clearbrook, VA 22624 Home: (540)667 -1145 Term Expires: 01/12/17 Four year term (The Historic Resources Advisory Board is comprised of nine members, one member from each magisterial district and three members at large.) 107 North Kent Street •Winchester, Virginia 22601. Memorandum -Board of Supervisors January 4, 2017 Page 2 FEBRUARY 2017 Planning Commission Charles E. Triplett — Gainesboro District Representative 150 Lone Willow Lane Gore, VA 22637 Home: (540)877 -1380 Term Expires: 02/22/17 Four year term (Per Supervisor Ewing, Mr. Triplett is willing to continue serving.) Old Dominion ASAP Polio Board (ASAi'} and Community Criminal Justice Board (C__CJBj Brenda G. Garton — Frederick County Representative Term Expires: 02/22/17 Three year term (The Board of Supervisors at their meeting of 02/11/15 appointed the county administrator position to serve on these boards.) (By -Laws of both boards ensures that each jurisdiction is represented on both boards by a single appointee.) BGG /tjp U:1TJ P \comm itteea ppoi ntm entslMmosLettrsl6oardC omm itteeAppts(011117Bd Mtg). docx MEMORANDUM TO: Frederick County Board of Supervisors CC: Brenda G. Garton, County Administrator FROM: Roderick B. Williams, County Attorney DATE: January 5, 2017 RE: Commissioner of Revenue Refund Requests COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail rwillia @fcva.us Attached, for the Board's review, are requests to authorize the Treasurer to credit the following entities: 1. Aqua Virginia, Inc. - $3,028.91 2. Brian Omps Towing &Repair LLC — $4,235.45 3. Capital Meats, Inc. — $8,274.07 4. Rutherford LLC — $2,674.20 5. Valley Proteins, Inc. — $36,738.77 Roderick B. Williams County Attorney Attachments 107 North Kent Street Winchester, Virginia 22601 MEMORANDUM TO: 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: January 4, 2017 RE: Refund —Aqua Virginia, Inc. COUNTY QF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail rwillia @fcva.us I am in receipt of the Commissioner's request, dated January 3, 2017, to authorize the Treasurer to refund Aqua Virginia, Inc. the amount of $3,028.91, for adjustment of real estate taxes in 2016. This refund resulted from an audit by the State Corporation Commission and notification to the County in December that the original filing.received in September 2016 had been adjusted by the Commission. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. Roderick B. Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 January 3, 2017 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540- 667 -6487 email: emurphy @co.frederick.va.us TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Jay Tibbs, Secretary to the Board Brenda Garton, County Administrator " '�h�' FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration —Aqua Virginia, Inc. -��- ,� Please approve a refund of $3,028.91 for adjustment to real estate taxes for 2016 in the name of Aqua Virginia, Inc. This refund resulted from an audit by the State Corporation Commissioner and notification to us by them in December of an adjustment to the original SCC filing we received in September 2016. 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 for the Finance Director on this request. Exoneration is $3,028.91. FORM 905 -DEPT. OF TAXATION COMMONWEALTH OF VIRGINIA MEMORANDUM OF CORRECTED ASSESSMENT BY COMMISSIONER OF THE REVENUE OF UNPAID LOCAL LEVIES (� :IISSIONER OF THE REVENUE MUST BE GOVERNED STRICTLY BY LAW PERTAINING TO THE ABATEMENT OF• TAXES) THE MEMORANDUM MUST BE PREPARED BY COMMISSIONER OF THE REVENUE. ONE COPY MUST BE DELIVERED TO THE COUNTY OR CITY TREASURER OR CITY COLLECTOR, ONE COPY TO TAXPAYER AND ONE COPY MUST BE RETAINED BY THE COMMISSIONER. REASON; ADJ VALUE Ellen E Murphy COMMISSIONER OF THE REVENUE * This may not reflect your total tax - Please contact the Treasurer's Office (540) 665 -5607' AQUA VIRGINIA, INC FREDERICK COUNTY DIST: FREDERICK COUNTY RONNIE LYNCH CONTROLLER 2414 GRANITE RIDGE RD DATE 1/03/2017 ROCKVILLE VA 23146 BILL NUMBER 110002 ACCOUNT# / SEQ# 5230 SUBJECT OF TOTAL TAX TAXATION YEAR PAGE LINE VALUE LOCAL LEVY PENALTY AND PEN. ORIGINAL ASSESSMENT PS 2016 3 5 $8,751,853 $23,151.80 $.00 $23,151.80 ABATEMENT 2016 3 5 $0 $3,028.91 $.00 V$3~028.9� CORRECTED iSSMENT 2016 3 5 $6,751,853 $20,122.89 $.00 $20,122'.89 REASON; ADJ VALUE Ellen E Murphy COMMISSIONER OF THE REVENUE * This may not reflect your total tax - Please contact the Treasurer's Office (540) 665 -5607' MEMORANDUM TO: 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: January 4, 2017 RE: Refund —Brian Omps Towing &Repair LLC COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail rwillia @fcva.us I am in receipt of the Commissioner's request, dated December 30, 2016, to authorize the Treasurer to refund Brian Omps Towing &Repair LLC the amount of $4,235.45, for adjustment of personal property taxes in 2016. This refund resulted from taxes paid on vehicles sold by the company during the taxation period. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. �� � � �� -___ Roderick B. Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 December 30, 2016 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540 - 667 -6487 email: emurphy @co.frederick.va.us TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Jay Tibbs, Secretary to the Board I� Brenda Garton, County Administrator t L FROM: Ellen E. Murphy, Commissioner of the Revenue '?' RE: Exoneration —Brian Omps Towing &Repair LLC. �r - °'* °, �`� 5 Please approve a refund of $4,235.45 for proration of personal property taxes for 2016 in the name of Brian Omps Towing &Repair LLC. This refund is for adjustment to personal property taxes on vehicular personal property sold. 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 for the Finance Director on this request. Exoneration is $4,235.45. Date: 12/08/16 Cash Register: COUNTY OF FREDERICK Time: 16:49 :11 Total Transactions: 20 Customer Name: ,� OMPS TOWING & REPAIR LLC Customer Transactions: 4 0� -dons: 2 =Edit E--------------------------------------------------------------------------- 4= Delete S =View Opt Dept Trans Ticket No. Tax Amount Penalt•��:�_Int __ __ Amount Paid PP2016 1 00063760057 398.57- ��.00 `;:,398.57- PP2016 2 00063760061 $1,317.57- $.00 $1,317.57- _ PP2016 3 00063760069 $1,241.73- $.00 $1,241.73 - _ PP2016 4 00063760071 $1,277.58- $.00 $1,277.58- Total Paid : F3 =Exit F14 =Show Map# F15 =Show Balance $4 , 235:. 45 F18= Sort - Entered �� 1Jra✓ri ' I Y °G Uq,� F21 =CmdLine F20= Attach MEMORANDUM TO: 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: January 4, 2017 RE: Refund — Capital Meats, Inc. COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail rwillia @fcva.us I am in receipt of the Commissioner's request, dated December 30, 2016, to authorize the Treasurer to refund Capital Meats, Inc. the amount of $8,274.07, for adjustment of personal property taxes and license fees from 2013 to 2016. This refund resulted from taxes paid on vehicles that had been sold or moved out of Frederick County, but not reported as such to the Commissioner of the Revenue. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. 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 dum. Roderic ` B. Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 December 30, 2016 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540 - 667 -6487 email: emurphy @co.frederick.va.us TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Jay Tibbs, Secretary to the Board Brenda Garton, County Administrator FROM: Ellen E. Murphy, Commissioner of the Revenue �� RE: Exoneration — Capital Meats Inc. t �I L � `� Please approve a refund of $8,274.07 for personal property taxes and license fees for 2013 - 2016 in the name of Capital Meats, Inc. This refund is for adjustment to personal property taxes and license fees on vehicular personal property because of proration and not previously reported as sold or moved out to Frederick County. 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 for the Finance Director on this request. Exoneration is $8,274.07. .rDate.: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 Customer Name : �.'� -�' i IAL. MEATS INC Customer Transactions : 220 options: 2 =Edit. 4= Delete 5 =View -------------------- Q�t Dept Trans Ticket No_ Tax._Amount Pena t_�_iInt Amount�.Paid _ PP2013 1 00078090001 `78.37- $.00 $78.37- _ PP2013 2 00078090002 $78.37- $.00 $78.37- _ PP2013 3 00078090017 $15.F8- $.00 $15.68- _ PP2013 4 00078090018 $15.67- $.00 $15.67- _ PP2013 5 00078090029 $49.21- $.00 $49.21- _ PP2013 6 00078090030 $49.21- $.00 $49.21- _ PP2013 7 00078090031 $49.21- $.00 $49.21- _ PP2013 8 00078090032 $49.21- ,$.00 $49.21- _ PP2013 9 00078090041 $9.82- $.00 $9.82- _ PP2013 10 00078090042 $58.93- $.00 $58.93- _ PP2013 11 00078090043 $51.64- $.00 $51.64 - PP2013 12 00078090044 $51.64- $.00 $51.64 - Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 . Total Transactions: 21 Customer Name: CAPITAL MEATS INC Customer Transactions: 220 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Options: 2 =Edit 4= Delete 5 =View ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Opt Dept Trans Ticket No. Tax Amount Penalt���'Int _ A_m_ount Paid PP2013 13 00078090053 : °52.86- $.00 ::�52.86- PP2013 14 00078090054 $52.85- $.00 $52.85- _ PP2013 15 00078090065 $20.05- � $.00 $20.05 - PP2013 16 00078090066 $20.05- � $.00 $20:05- _ PP2013 17 00078090069 $54.68- � $.00 $54.68- _ PP2013 18 00078090070 $54.67- � $.00 $54.67- _ PP2013 19 00078090075 $52.86_ �'�� $.00 $52.86_ _ PP2013 20 00078090076 $52.85 $.00 $52.85 _ PP2013 21 00078090093 $55:29- $.00 $55.29- _ PP2013 22 00078090094 $55.28- $.00 $55.28- _ PP2013 23 00078090109 $71.08- $.00 $71.08- PP2013 24 00078090110 $71.08- $.00 $71.08- Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 Customer Name: CAPITAL MEATS INC Customer Transactions: 220 ----------------=------------------------------------------------------------- ------------------------------------------------------------------------------ Options: 2 =Edit 4= Delete S =View ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Opt Dept Trans PP2013 25 _ PP2013 26 _ PP2013 27 PP2013 28 _ PP2013 29 PP2013 30 _ PP2013 31 _ PP2013 32 _ _ PP2013 33 _ PP2013 34 _ PP2014 T!l/� ti A 35 A/. Ticket No. Tax Amount Penalty /Int Amount Paid 00078090113 .,.63.79- x.00 63:79- 00078090114 $63.79- $.00 $63.79- 00078090121 $20.90- $.00 $20.90- 00078090122 � $20.90- $.00 $20.90- 00078090123 � $14.76- $.00 $14.76- 00078090124 $29.52- $.00 $29.52- 00078090125 �� $43.14- $.00 $43.14- 00078090126 �,/ $43.13- $:00 $43.13- 000780901370 � $14.22- $.00 $14.22- 00078090138 '� $14.21- $.00 $14.21- 00080490001 �� /$75.33- $ . 0.0 $75.33 - ��r�.nn Annnnn ( [hrir �ln d� /1/l Q`r/G 70_ >DatP: 12/09/16' Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 customer Name: TAL MEATS INC Customer Transactions: 220 Options : 2 =Ed i i 4 =De f e t e 5 =�� i env ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ � Dept Trans Ticket No. _ .Tax Amount Penalt Int Amount Paid PP2014 37 00080490017 $15.68- .00 15.68- _ PP2014 38 00080490018 $15.67- $.00 $15.67- _ PP2014 39 00080490029 $46.78- $.00 $46.78- _ PP2014 40 00080490030 $46.78- $.00 $46.78- _ PP2014 41 00080490031 $46.78- $.00 $46.78- _ PP2014 42 00080490032 $46.78- $.00 $46.78- _ PP2014 43 00080490039 $57.72- $.00 $57.72- _ PP2014 44 00080490040 $57.71- $.00 $57.71- _ PP2014 45 00080490041 $49.21- $.00 $49.21- _ PP2014 46 00080490042 $49.21- $.00 $49.21- _ PP2014 47 00080490051 $49.82- $.00 $49.82- _ _ PP2014 48 00080490052 $49.81- $.00 $49.81 - Date: 12/09/16 Cash Register: COUNTY OF :FREDERICK Time: 11:01:36 Total Transactions: 21 Customer Name: CAl'1TAL MEATS INC Customer Transactions: 220 Options: 2 =Edit 4= Delete 5 =View not Dept Trans Ticket No. _ Tax _,Amount Penalt���;Int Amount Paid PP2014 49 00080490063 X20.05- G�.00 $20.05- _ PP2014 50 00080490064 $20.05- $.00 $20.05- _ PP2014 51 00080490067 $52.25- $.00 $52.25- _ FP2014 52 00080490068 $52.24- $.00 $52.24- _ PP2014 53 00080490073 $49.82- $.00 $49.82- _ PP2014 54 00080490074 $49.81- $.00 $49.81- _ PP2014 55 00080490083 $34.63- $.00 $34.63- _ PP2014 56 00080490084 $69.25- $.00 $69.25- _ PP2014 57 00080490091 $52.86- $.00 $52.86- _ PP2014 58 00080490092 $52.85- $.00 $52.85- _ PP2014 59 00080490097 $33.11- $.00 $33.11 - _ PP2014 60 00080490098 $66.22- $.00 $66.22- - - - - � Date: 12/09/16 .� � Cash Register: . , COUNTY OF ,� ,. �... ,. r.. FREDERICK Time: 11:01:36 Total Transactions: 21 ustomer ame: GAPITAL MEATS INC ------------------------------------------------------------------------------ Customer Transactions: 220 ------------------------------------------------------------------------------ Options: 2 =Edit --------=--------------------------------------------------------------------- 4= Delete 5 =View ------------------------------------------------------------------------------ Opt Dept Trans Ticket No. Tax Amount PenalttilInt Amount Paid PP2014 61 00080490107 69.26- $.00 69.26- _ PP2014 62 00080490108 $69.25- $.00 $69.25- _ PP2014 63 00080490111 $60.75- $.00 $60.75 - _ PP2014 64 00080490112 $60.75- $.00 $60.75- PP2014 65 00080490117 $.00 $.00 $.00 PP2014 66 00080490119 $20.90- $.00 $20.90- _ PP2014 67 00080490120 $20.90- $.00 $20.90- _ PP2014 68 00080490121 $26.56- $.00 $26.56- _ PP2014 69 00080490122 $26.56- $.00 $26.56 - _ PP2014 70 00080490123 $40.10- $.00 $40.10- - pp�nia �i ��nRnagn»44 Stn��iDlZl� �4n �D- $_00 $40.09 - ,,Date: 12/09/16 Cash; Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 Customer Name: CAPITAL MEATS INC Customer Transactions: 220 options: 2 =Edit 4= Delete 5 =View ---------------- - - - - -- OAt Dept Trans ------------------------------------------- Ticket No. Tax Amount Penalty Int Amount Paid _ PP2O14 73 00080490135 :'.14.22- $.00 $14.22- _ PP2O14 74 00080490136 $14.21- $.00 $14.21- _ PP2O15 75 00081890001 $71.69- $.00 $71.69- _ PP2015 76 00081890002 $71.68- $.00 $71.68- _ PP2015 77 00081890017 $14.10- $.00 $14.10- _ PP2O15 78 00081890018 $14.09- $.00 $14.09- _ PP2O15 79 00081890029 $46.17- $.00 $46.17- _ PP2O15 80 00081890030 $46.17- $.00 $46.17- _ PP2015 � 81 00081890031 $46.17- $.00 $46.17- _ PP2O15 82 00081890032 $46.17- $.00 $46.17- _ PP2O15 83 00081890039 $54.68- $.00 $54.68- _ PP2O15 84 00081890040 $54.67- $.00 $54.67 - Date: 12/09/16 Cash Register: COUNTY OF FREDERICK. Time: 11:01:36 Total Transactions: 21 Cus�omer �y�ame: CAPITAL MEATS INC ------------------------------------------------------------------------------ Customer Transactions: 220 ------------------------------------------------------------------------------ Options: 2 =Edit ------------------------------------------------------------------------------ 4= Delete 5 =View ------------------------------------------------------------------------------ � Dept Trans Ticket No. Tax Amount Penalt�Int Amount Paid PP2015 85 00081890041 44.28- $.00 $44.28- _ PP2015 86 00081890042 $44.27- $.00 $44.27- _ PP2015 87 00081890051 $48.60- $.00 $48.60- _ PP2015 88 00081890052 $48.60- $.00 $48.60- _ PP2015 89 00081890053 $45.57- $.00 $45.57- _ PP2015 90 00081890054 $45.56- $.00 $45.56- _ PP2015 91 00081890062 $11.54- $.00 $11.54- _ PP2O15 92 00081890063 $18.03- $.00 $18.03- _ PP2015 93 00081890064 $18.03- $.00 $.18.03- _ PP2015 94.00081890067 $49.82- $.00 $49.82- _ PP2015 95 00081890068 $49.81- $.00 $49.81- _ _ PP2015 96 00081890070 $49.81- $.00 $49.81 - Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 �:ustomer Name: i'ITAL MEATS INC Customer Transactions: 220 --------------- - Options: 2 =Edit 4= Delete 5 =View _________________________________________________________ Opt Dept Trans Ticket No. _ Tax Amount :.48.60- Penaltl�f_Int x.00 _ Amount Paid $48.60- _ PP2015 PP2015 97 98 00081890071 00081890072 $48.60- $.00 $48.60- _ _ PF2O15 99 00081890081 $66.83- $66.82- $.00 $.00 $66.83- $66.82 - _ PP2015 PP2015 100 101 00081890082 00081890089- $51.64- $.00 $51.64 - PP2015 102 00081890090 $51.64- $8.30- $.00 $.00 $51.64- $8.30- _ PP2015 PP2O15 103 104 00081890092 00081890095 $61.36- $.00 $61.36- _ _ PP2O15 105 00081890096 $61.36- $66.83- $.00 $.00 $61.36- $66.83- _ PP2015 P_P2015 106 107 00081890105 00081890106 $66.82- $.00 $66.82 - _ �� `71`11L � � 61'y�S�� f 4'4 (�1f3' m�c � �r � nn �6f�1 1 �- ,, Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 .Customer name: CAPITAL MEATS INC Customer Transactions: 220 options: 2 =Edit 4= Delete 5 =View ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Opt Dept Trans _ PP2015 109 _ PP2015 110 _ PP2015 111 _ PP2015 112 _ PP2015 113 _ PP2015 114 _ PP2015 115 _ PP2015 116 _ PP2015 117 _ PP2015 118 _ PP2015 119 _ PP2015 120 Date: 12/09/16 Ticket No. T 00081890110 00081890117 00081890118 00081890119 00081890.120 00081890121 00081890122 00081890123 00081890124 00081890133 00081890134 00081890137 60.14- $ . 00 .;,60.14- 18.81- $.00 $18.81- 18.81- $.00 $18.81- 23.89- $.00 $23.89- 23.88- $.00 $23.88- 39.49- $.00 $39.49- 39.49- $.00 $39.49- 49.82- $.00 $49.82- 49.81- $.00 $49.81- 12.78- $.00 $12.78- 12.78- $.00 $12.78- 16.16= $.00 $16.16- Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total- Transactions: 21 c;us t omer dame : C..- `' 1 TAL MEATS INC Customer Transactions : 220 ------------------------------------------- Options: 2 =Edit 4= Delete 5 =View OQt Dept Trans _ PP2016 133 _ PP2016 134 _ PP2016 135 _ PP2016 136 PP2016 137 _ PP2016 138 _ FP2016 139 _ PP2016 140 _ PP2016 141 _ PP2016 142 _ PP2016 143 nD�ni� ins Ticket No. 00083560067 00083560069 00083560079 00083560085 00083560087 00083560091 000.83560101 00083560105 00083560111 00083560113 00083560115 nnnQ���ni�� Tax Amount — Penalt�� ��44.96- $45.57- $61.97- $46.66- $44.96- $59.54- $61.97- $57.72- $69.87- $17�. O1- $21.51- �,�_� s�- 50.28 - 50.97- 69.3T- 52.19- 50.28- 66.58- 69.31- 64.55- 78.14- 19.02- 24.05- on oi_ Total Transactions: 21 customer I'tiame: �,��' TAL MEATS INC Customer Transactions: 220 Options: 2 =Edit -------------------------------------- 4= Delete 5 =View ------= ---------- Oft Dept Trans ------------------------------------ Ticket No. Tax Amount ---------------------- Penalt�•IInt Amount Paid _ PP2015 121 00081890138 - 32.32- �� 00 $32.32- _ PP2016 122 00083550002 $62.42 $6.81 $69.23 _ PP2016 123 00083560001 $65.01- $7.69- $72.'70- _ PP2016 124 00083560017 $12.76- $1.51- $14.27- _ PP2016 125 00083560029 $41.56- $4.92- $46.48- _ PP2016 126 00083560031 .$41.56- $4.92- $46.48- _ PP2016 127 00083560039 $49.21- $5.82- $55.03- _ PP2016 128 00083560051 $45.57- $5.40- $50.97- ._ PP2016 129 00083560053 $43.14= $5.10- $48.24- _ PP2016 130 00083560061 $63.79- $7.55- $71.34- _ PP2016 131 00083560063 $16.28- $1.93- $18.21- _ PP2016 132 00083560065 $44.96- $5.32- $50.-28 - Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total- Transactions: 21 c;us t omer dame : C..- `' 1 TAL MEATS INC Customer Transactions : 220 ------------------------------------------- Options: 2 =Edit 4= Delete 5 =View OQt Dept Trans _ PP2016 133 _ PP2016 134 _ PP2016 135 _ PP2016 136 PP2016 137 _ PP2016 138 _ FP2016 139 _ PP2016 140 _ PP2016 141 _ PP2016 142 _ PP2016 143 nD�ni� ins Ticket No. 00083560067 00083560069 00083560079 00083560085 00083560087 00083560091 000.83560101 00083560105 00083560111 00083560113 00083560115 nnnQ���ni�� Tax Amount — Penalt�� ��44.96- $45.57- $61.97- $46.66- $44.96- $59.54- $61.97- $57.72- $69.87- $17�. O1- $21.51- �,�_� s�- 50.28 - 50.97- 69.3T- 52.19- 50.28- 66.58- 69.31- 64.55- 78.14- 19.02- 24.05- on oi_ ,,Date: 12/09/10- Cas$ Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions:. 21 Customer ame: AL MEATS INC Customer Transactions: 220 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- vptions: 2 =Edit 4= Delete 5 =View �� Dept Trans Ticket No. _ PP2016 145 00083560119 _ PP2016 146 00083560121 _ PP2016 147 00083560123 _ PP2016 148 00083560125 _ PP2016 149 00083560129 _ PP2016 150 00083560153 _ PP2016 151 00083560227 _ VL2013 152 00108540001 _ VL2013 153 00108590001 _ VL2013 154 00108650001 _ VL2013 155 00108670001 _ VL2013 156 00108700001 Tax Amount Penal t_�_�'' Int _ 44.96- __ $5.32- $9.31- $1.10- $8.30- $.98- $11.55- $1.37- $29.16- $3.45- $9.92- $1.17- $5.47- $.65- $25.00- $.00 $25.00= $.00 $25.00= $.00 $25.00- $.00 $25.00- $.00 _ Amount Paid $50.28 - $10.41- $9.28- $12.92- $32.61- $11, 09- $6.12- $25.00- $25.00- $25.00- $25.00- $25.00- Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01 :36 Total Transactions: 21 (,ustomer �'�ame: ------------------------------------------=----------------------------------- CAPITAL MEATS INC Customer Transactions: 220 ------------------------------------------------------------------------------ Options: 2 =Edit ------------------------------------------------------------------------------ 4= Delete S =View ------------------------------------------------------------------------------ O�t Dept Trans Ticket No. Tax Amount Penalt��!Int _Amount Paid VL2014 157 00111640001 X25.00- $.00 ___ :�25.00- _ VL2014 158 00111720001 $25.00- $.00 $25.00- _ VL2014 159 00111770001 $25.00- $.00 $25.00- _ VL2014 160 00111780001 $25.00- $.00 $25.00- _ VL2014 161 00111820001 $25.00- $.00 $25.00- _ VL2014 162 00111830001 $25.00- $.00 $25.00- _ VL2014 163 00111880001 $25.00- $.00 $25.00- _ VL2014 164 00111940001 $25.00- $.b0 $25.00- _ VL2014 165 00111960001 $25.00- $.00 $25.00- _ VL2014 166 00111990001 $25.00- $.00 $25.00- _ VL2014 167 00112080001 $25.00- $.00 $25.00- _ _ VL2014 168 00112160001 $25.00- $.00 $25.00 - Date: 12/09/16 Cash ,Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 Customer Name: CAPITAL MEATS INC -----------------=------------------------------------------------------------ Customer Transactions: 220 ------------------------------------------------------------------------------ Options: 2 =Edit ----------------------------------------------------------------------------=- 4= Delete 5 =View ------------------------------------------------------------------------------ OAt :Dept Trans Ticket No. Tax Amount _ PenaltylInt_ Amount Paid VL2014 169 00112180001 $25._00- `x.00 25.00- _ VL2014 170 00112220001 $25.00- $.00 $25.00- _ VL2014 171 00112230001 $25.00- $.00 $25.00- _ VL2014 172 00112240001 $25.00- $.00 $25.00 - _ VL2014 173 00112300001 $25.00- $.00 $25.00- __ VL2015 174 00114520001 $25.00- $.00 $25.00- VL2015 175 OO1I4600001 $25.00- $.00 $25.00- _ VL2015 176 00114650001 $25.00- $.00 $25.00- _ VL2015 177 00114660001 $25.00- $.00 $25.00- _ VL2015 178 00114700001 $25.00- $.00 $25.00 - _ VL2015 179 00114710001 $25.00- $.00 $25.00- - �n �ni � , sin nni i n��nnn� ��� nn- � nn ��� nn- �I�ate,: 12/09/]�6� , Cash Register: COUNTY OF FREDERICK Time:- 11:01:36 - - - -- -- - -- Total Transactions: 21 __- Customer Name: C+,i'ITAL MEATS INC--------------- -=== Customer - Transactions_- -220 -� ----- - - - - -- 5 =View Options: 2 =Edit 4= Delete_______________________ ______________________________ Ont Debt Trans Ticket No. __ -Tax Amount Penalt �n00 - Amount Paid 25.00- _ VL2015 181 00114770001 X25.00 - $25.00- _ VL2015 VL2015 182 00114820001 183 00114840001 $2 $.00 $'�� $25.00= _ _ VL2015 VL,2015 184 00114860001 185 00114910001 $25.00- $25.00- $• $25.00 - _ VL2015 186 00114950001 $25.00_ $ $.00 $25.00 - VI.,2015 VL2015 187 00114980001 188 00115030001 _ $25.00- $.00 $25.00 - _ VL2015 189 00115050001 $ $25.00- _ VL2015 VL2015 190 00115090001 191 00115100001 $ $.00 $.00 $25.00- $25.00- _ VL2015 192 00115110001 $25.00- - 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01:36 - Date: - - - - - -- - Total Transact ions • 21 'IAL MEATS INC- Customer Transactions_- -220 - --- -- Customer Name: _ - Options: 2 =Edit 4 =Delete - = =S= View_____________ - - -- - - -- _____ ________________________ __ Amount Paid __ -- - - - -- Tax Amount _ Opt Dept Trans _Ticket No. - 25.00 - _ Penalt��!'Int00 � - $25.00 - $25.00- VL2015 VL2015 193 00115120001 19400115170001 $25.00- $25.00- 00 5.00_ $5.00- $30.00- - VL2016 - VL2016 195 00116960001. 196 00117040001 $25.00 -_ $5.00_ $30.00- $30.00- -_ VL2016 VL2016 197 00117090001 198 00117100001 $25.00- $25.00- $5.00- $5.00- $30.00 - $30.00- - VL2016 - VL2016 199 00117140001 200 00117150001 $25.00- $ $5.00- 30.00- $30.00_ -_ `II,2016 VL2016 201 00117200001 202 00117210001 00_ $25• _ $25.00- $5 00- $5.00= $30.00 $30.00- - VL2016 203 00117250001 $ $25.00- $ 5 00- $30.00- -_ VL2016 204 00117260001 Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 11:01 -36 - Total Transactions: 21 ustomer Name: CAPITAL MEATS INC Customer Transactions: 220 Options: 2 =Edit 4= Delete View_____________ _______________________________ - - -5- Opt Dent Trans Ticket No . Ta �A,mount �25.00- _ -Pena 1 t_� �5nt00_ _ �OUn�30a00- _ VL2016 VL2016 205 00117270001 206 00117280001 $25.00- $5.00_ � $30.00- - VI,2016 207 00117290001 $25.00- $25.00- _ VL2016 VL2016 208 00117340001 209 00117370001 $ $5..00- $5.00_ $30.00- _ VL2016 210 00117380001 $25.00- $25.00- $ $30.00- - VL2016 VL2016 211 00117400001 212 00117450001 $25.00- $5.00- $30.00 - _ VL2016 213 00117470001 $ _ $25.00- _ VL2016 VL2016 214 00117500001 215 00117510001 $ $5.00- $x•00- $30.00 - $30.00 - _ VL2016 216 00117520001 $25.00- � 7 c �-�� p�cD �8�.`�. ,.., �.l�ate: 12/09/1E Cash Register: COUNTY OF FREDERICK Time: 11:01:36 Total Transactions: 21 us Omer ame• AL MEATS INC Customer Transactions: 220 ----------------------------------------------------------------------------- �ptions: 2 =Edit 4= Delete S =View --------------------------------=--------------------------------------------- ------------------------------------------------------------------------------ ODt Dept Trans Ticket No. Amount Penalt�!Int Amount Paid VL2016 217 00117530001 _ _Tax X25.00- $5.00- 30.00- _ VL2016 218 0011'7540001 $25.00- $5.00- $30.00 - _ VL2016 219 00117570001 $25.00- $5.00- $30.00- _ VL2016 220 00117590001 $25.00- $5.00- $30.00- Multiple Pages Total Paid $8;274.07 F3 =Exit F14 =Show Map# F15 =Show Balance F18 =Sort- Entered F21= CmdLine F20= Attach MEMORANDUM TO: 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: January 4, 2017 RE: Refund — Rutherford LLC. COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail rwillia @fcva.us I am in receipt of the Commissioner's request, dated January 3, 2017, to authorize the Treasurer to refund Rutherford LLC the amount of $2,674.20, for adjustment of real estate taxes in 2016. This refund resulted from an appeal and new information presented by the taxpayer during assessors' hearings. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. Roderick B. Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 January 3, 2017 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 907 North Kent Street Winchester, VA 22609 Phone 540- 665 -5689 Fax 540- 667 -6487 email: emurphy @co.frederick.va.us TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Jay Tibbs, Secretary to the Board Brenda Garton, County Administrator FROM: Ellen E. Murphy, Commissioner of the Revenue RE: Exoneration — Rutherford LLC. {. C' �� �i Please approve a refund of $2,674.20 for adjustment to real estate taxes for 2016 in the name of Rutherford LLC. This refund resulted from an appeal and new information presented by the taxpayer during assessors hearings. 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 for the Finance Director on this request. Exoneration is $2,674.20. FORM 905 -DEPT. OF TAXATION COMMONWEALTH OF VIRGINIA MEMORANDUM OF CORRECTED ASSESSMENT BY COMMISSIONER OF THE REVENUE OF UNPAID LOCAL LEVIES (CL_ _iSSIONER OF THE REVENUE MUST BE GOVERNED STRICTLY BY LAW PERTAINING TO THE ABATEMENT OF TAXES) THE MEMORANDUM MUST BE PREPARED BY COMMISSIONER OF THE REVENUE. ONE COPY MUST BE DELIVERED TO THE COUNTY OR CITY TREASURER OR CITY COLLECTOR, ONE COPY TO TAXPAYER AND ONE COPY MUST BE RETAINED BY THE COMMISSIONER. RUTHERFORD LLC 114 N CAMERON ST WINCHESTER VA BILL NUMBER 336180001 ACCOUNT# / SEQ# 6049410 ORIGINAL ASSESSMENT ABATEMENT CORRECTED SSMENT SUBJECT OF TAXATION YEAR PAGE LINE RE 2016 3363 7 2016 3363 7 FREDERICK COUNTY DIST: STONEWALL DATE 1/03/2017 22601 REAL ESTATE MAP # 43 A 111A TOTAL TAX VALUE LOCAL LEVY PENALTY AND PEN. $975,000 $2,153.70 $.00 $2,153.70 $0 $1,337.10 $.00 $1,337.10 2016 3363 7 $975,000 $816.60 $.00 $816.6'0 REASON: ADJ VALUE _ _ ___ Ellen E. Murphy COMMISSIONER OF THE_REVENUE * This may not reflect your total tax - Please contact the Treasurer's Office (540) 665 -5607 _. . � � _� MEMORANDUM TO: 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: January 4, 2017 RE: Refund — Valley Proteins, Inc. COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail rwillia @fcva.us I am in receipt of the Commissioner's request, dated December 30, 2016, to authorize the Treasurer to refund Valley Proteins, Inc. the amount of $36,738.77, for adjustment of personal property taxes and license fees from 2013 to 2016. This refund resulted from taxes paid on vehicles that were sold or housed in another state and incorrectly reported to Frederick County as subject to local tax. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. /� f Roderick B. Williams County Attorney Attachment 107 North Kent Street Winchester, Virginia 22601 December 30, 2016 Frederick County, Virginia Ellen E. Murphy Commissioner of the Revenue 107 North Kent Street Winchester, VA 22601 Phone 540 - 665 -5681 Fax 540 - 667 -6487 email: emurphy @co,frederick.va.us TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Jay Tibbs, Secretary to the Board r Brenda Garton, County Administrator FROM: Ellen E. Murphy, Commissioner of the Revenue �' RE: Exoneration — Valley Proteins Inc '.� 'R�� II a 4 l� �� _,� Please approve a refund of $36,738.77 for personal property taxes and license fees for 2013 - 2016 in the name of Valley Proteins Inc. This refund is for adjustment to personal property filings because of proration on vehicles owned or vehicles housed in another state and incorrectly reported to Frederick County. Normally all vehicles are originally registered with Virginia DMV from the local company head office and then some transferred to other out of state company locations. Anew transportation manager at the subject company improperly reported items that should not have been taxed locally. 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 for the Finance Director on this request. Exoneration is $36,738.77. L 12/08/16 _ f.= �_zstomer Y�ame: Cash Register: , l'ALLEY PROTEINS INC COUNTY OF FREDERICK Time: 16:56:48 Total Transactions: 20 Customer Transactions: 61 Uptions: 2 =Edit 4= Delete S =View -- - ------------------------------ -------------------------------------------------------------- Ticket No. O��t Dept Trans ----------------------------------------------- Ticket No. Tax Amount Penalty /Int _ PP2015 Amount Paid _ PP2013 1 00548970061 41284.31- 414.92- $.00 $284.31- _ PP2013 2 00548970062 $284.31- $505.44- $.00 $284.31- _ PP2013 3 00548990013 $4.86- $505.44- $.00 $4.86- _ PP2013 4 00548990014 $4.86- $34.02- $.00 $4.86- _ PP2013 5 00548990031 $98.42- $204.12- $.00 $98.42- _ PP2013 6 00548990032 $98.41- $2,547.25- $.00 $98.41- _ PP2013 7 00739430007 $943.49- $2,547.25- $.00 $943.49- _ PP2014 8 00566360053 $249.69- $4.86- $.00 $249.69- _ PP2014 9 00566360054 $249.68- $4.86- $.00 $249.68- _ PP2014 10 00566360090 $119.48- $79.71- $.00 $119.48- _ PP2014 11 00566360092 $306.59- $79.70- $.00 $306.59- _ PP2014 12 00566360102 $374.22- $3,194.42- $.00 $374.22- _Multiple Pages _Total Paid_: $36,738.77 __ Customer Name ~VALLEY PROTEINS INC - �' � (,uatomer� Transact ions : � 61 Options: 2 =Edit 4= Delete 5 =View ----------------------------------- Opt Dept Trans Ticket No. Tax Amount Penalt Int Amount Paid _ PP2014 13 00566360165 y�,2,681.51- .00 $2,681.51- _ PP2014 14 00566360166 $2,681.50- $.00 $2,681.50- _ PP2014 15 00566380013 $4.86- � $.00 $4.86- _ PP2014 16 00566380014 $4.86 -: $.00 $4.86- _- PP2014 17 00566380029 $88.58 -'�� $.00 $88.58 - PP2014 18 00566380030 $88.57- �, � $.00 $88.57_ PP2015 19 00576550049 $218.70- $.00 $218.70 _ PP2015 20 00576550050 $218.70 -F $.00 $218.70- _ PP2015 21 00576550080 $455.12- � $.00 $455..12- _ PP2015 22 00576550081 $161.60- $21.04- $182.64- _ PP2015 23.00576550082 $161.59- $.00 $161.59 - PP2015 24 00576550083 $414.93- $.00 $414.93 - Multiple Pages Total Paid : 36,738.77 F3 =Exit F14 =Show Map# F15 =Show Balance F18= Sort - Entered F21= CmdLine F20= Attach Customer Name: VALLEY PROTEINS INC Customer Transactions: 61 Options: 2 =Edit 4= Delete 5 =View O t Dept Trans -------------------------------------------------------------- Ticket No. Tax Amount_. Penalt`_,'Int Amount Paid _ PP2015 25 00576550084 45414.92- 4?.00 414.92- _ PP2015 26 Q0576550093 $505.44- $.00 $505.44- _ PP2015 27 00576550094 $505.44- $.00 $505.44- _ PP2015 28 00576550145 $34.02- $.00 $34.02- _ PP2015 29 00576550146 $204.12- $.00 $204.12- _ PP2015 30.00576550153 $2,547.25- $.00 $2,547.25- _ PP2015 31 00576550154 $2,547.25- $.00 $2,547.25- _ PP2015 32 00576570011 $4.86- $.00 $4.86- _ PP2015 33 00576570012 $4.86- $.00 $4.86- _ PP2015 34 00576570027 $79.71- $.00 $79.71- _ PP2015 35 00576570028 $79.70- $.00 $79.70- _ PP2015 36 00720960005 $3,194.42- $.00 $3,194.42- Multiple Pages Total- Paid � $36.738.77 Date: 12/09/16 Cash Register: COUNTY OF FREDERICK Time: 08:34:35 Total Transactions: 20 �. ustomer [�wame: i'AL . �:Y PROTEINS INC Customer Transactions: 61 ----------------------------- -------------------------- options: 2 =Edit 4= Delete 5 =View Ont Dept Trans Ticket No. Tax Amount _ PP2015 37 00720960009 $2,801.37- _ PP2015 38 00720960013 $2,801.37- _ PP2015 39 00720960027 $12.15- _ PP2016 40 00590080045 $191.37- _ PP2016 4100590080067 00590100009 $492.08- _ PP2016 42 00590080069 $145.80- _ PP2016 43 00590080071 $373.62- _ PP2016 44 00590080079 $455.02- _ PP2016 45 00590080127 $175.57- _ PP2016 46 00590080135 $2,292.71- _ PP2016 47 00590080159 $29.26- _ PP2016 48 00590080165 $2,122.49 - Multiple Pages Total Paid �� =F,t; r �14= ��"�`�'L�YnYROTEIN�SI Customer ame: INC "R, ��, - - -- Options: 2 =Edit 4= Delete 5 =View Opt Dept Trans Ticket No_. Tax Amount _ PP2016 49 00590080169 $2,122.49- _ PP2016 50 00590080173 $2,122.49- _ PP2016 51 00590080183 $47.38- _ PP2016 52 00590080185 $21.87- _ PP2016 53 00590100009 $4.86- _ VL2013 54 00968840001 $10.00- _ VL2014 55 00778400001 $25.00- _ VL2014 56 00778560001 $25.00- _ VL2015 57 00799620001 $25.00- _ VL2015 58 00799770001 $25.00- _ VL2016 59 00818510001 $25.00- _ VL2016 60 00818630001 $25.00- Pena l_t � 1 Int Amount Pa i d $.00 $2,801.37- $.00 $2,801.37- $.00 $12.15- $.00 $191.37- $.00 $492.08- $.00 $145.80- $.00 $373.62- $.00 $455.02- $.00 $175.57- $.00 $2,292.71- $.00 $29.26- $.00 $2,122.49- $36,738.33 Customer Transactions• �� Penalty /Int x.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 Amount Paid ��2 ,122.49 - $2,122.49- $47.38- $21.87- $4.86- $lo.00- $25.00- $25.00- $25.00- $25.00- $25.00- $25.00- Multiple Pages Total Paid : $36,738.7_7 ustomer Name: VALLEY PROTEINS INC Customer Transactions: b P ________________________________ _______________________________ Options: 2 =Edit 4= Delete 5 =View Opt Dept Trans Ticket No. __ Tax Amount Penalt���iInt Amount Paid VL2016 61 00818640001 25.00- 'x.00 $25.00- �� �� �� -�� �� _ _- _ s � -� . �, Multiple Pages Total Paid � $36,738.77 � F3 =Exit F14 =Show Map# F15 =Show Balance F18= Sort - Entered F21= CmdLine 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: December 21, 2016 SUBJECT: Finance Committee and Budget Work Session Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, December 21, 2016 at 8:00 a.m. A budget work session immediately followed. All members were present. (d) Items 6 and 9 were approved under consent agenda. FINANCE COMMITTEE 1. The Sheriff requests a General Fund supplemental appropriation in the amount of 8 536.58. This amount represents reimbursements from the Treasury Department. No local funds required. See attached memo, p. 4. The committee recommends approval. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of 5 000. This amount represents Byrne Justice Assistance Program: Naloxone for Law Enforcement Agencies grant. No local funds required. See attached information, p. 5 — 12. The committee recommends approval. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of 17 999. This amount represents the 21 Century Policing Grant. A local in -kind match of $2,001 is required. See attached information, p. 13 — 29. The committee recommends approval. 4. The Sheriff requests a General Fund supplemental appropriation in the amount of 3 617. This amount represents unbudgeted proceeds from the Sheriff's Sale. No local funds required. See attached memo, p. 30 -31. The committee recommends approval. 107 North Kent Street •Winchester, Virginia 22601 1 Finance Committee Report and Recommendations December 21, 2016 Page � 2 5. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $9,662. This amount represents unbudgeted Aid -to- Localities funds received. No local funds required. See attached memo, p. 32. The committee recommends denial of the supplemental appropriation. 6. (Q) The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $5,096.40. This amount represents an auto claim. No local funds required. See attached memo, p. 33 — 34. 7. The Fire &Rescue Chief requests a General Fund supplemental appropriation in the amount of $16,297 for expenditures and $32,594 for revenue. This amount represents the unbudgeted portion of a Local Emergency Management Performance Grant. See attached information, p. 35 -44. The committee recommends approval. 8. The Finance Director requests a General Fund supplemental appropriation in the amount of $29,263.76. This amount represents unspent FY16 VJCCCA funds to be returned to the state. See attached letter, p. 45. The committee recommends approval. 9. (Q) The Landfill Manager requests a Landfill Fund supplemental appropriation in the amount of $3,049.96. This amount represents an auto claim. No local funds required. See attached memo, p. 46 — 47. BUDGET WORK SESSION 1. See attachments, p. 48 — 74. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for November 2017. See attached, p. 75. 2. The Finance Director provides financial statements for the month ending November 30, 2016. See attached, p. 76 — 86. 2 Finance Committee Report and Recommendations December 21, 2016 Page � 3 3. The Finance Director provides an FY 2016 Fund Balance Report ending December 14, 2016. See attached, p. 87. 4. The NRADC Superintendent discusses long range planning for the academy. Respectfully submitted, FINANCE COMMITTEE Judith McCann - Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Cheryl B. Shiffler, Finance Di or 3 ��R�CK .�g� Sheriff Lenny Millholland � ®LINTY SHERIFF'S 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO :Cheryl Shiffler, Finance Director FROM :Sheriff Lenny Millholland SUBJECT :Reimbursements - Appropriation DATE :November 3, 2016 �FFIC Major Steve A. Hawkins Frederick County Sheriffs Office has received reimbursements from the Treasury Department totaling $8,536.58. This amount has been posted to 3- 010 - 033010 -0025. We are requesting appropriation into the following budget lines in the listed amount: $5,085.30 - purchase polygraph machine - 3102 - 5409 - 000 -000 (budget line money was transferred out of) $2,567.43 - overtime paid out for cigarette case - 3102 - 1005 - 000 -000 $ 883.85 - rental car for cigarette case - 3102 - 5506 - 000 -000 Thank you. LWM /asw �(��'� 10/19/16 v� P lJ Francine C. Ecker Director Ms. Brenda G. Garton County Administrator Frederick County 107 North Kent Street Winchester, VA 22601 FREDERICK COUNTY OCT 2 � 2016 ® FINANCE I�• ^!�ARTMENT m���_� COMMONWEALTH of VIRGINIA Department of Criminal Justice Services September 26, 2016 Byrne Justice Assistance Program - Pro � ect Title: Naloxone for Law Enforcement Agencies Dear Ms. Garton: ��gQ,��,�2i� �¢ jsT�? . ' � ������ � . � 4 �,e it .. OF �'+� �1�ti Cn ,Q" V�,r ��sZgZLZ���Z 1100 Bank Street Richmond, Vrginia 23219 (804) 786 -4000 TDD (804) 786 -8732 I am pleased to advise you that grant number 17- A4038AD15 for the above - referenced grant program has been approved for a Total Award of $5,000 in Federal Funds. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Janice Waddy, Grants Administrator; at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we will disburse grant funds. Also, enclosed are the Post Award Instructions and Re;�ortin��_Recluirements. Please refer to and read this information carefully as it contains details on processing financial and progress reports, as well as requesting awarded funds. Remember all financial and progress reports, budget amendment requests and request for funds must be processed through our online Grants Management Information System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Heather Smolka at (804) 371 -0635. Sincerely, �' Francine C. Ecker Director Enclosures cc: The Hon. L. W. "Lenny" Millholland, Sheriff Ms. Cheryl B. Shiffler, Finance Director Ms. Heather Smolka, DCJS Monitor 4- 010 - 031020 - 5409 - 000 -000 3- 010 - 033010- 002�riminal Justice Services Board •Committee on Training •Advisory Committee on Juvenile Justice and Prevention Advisory Committee to the Court Appointed Special Advocate and Children's Justice Ad Programs (1 OFN) Advisory Committee on Sexual and Domestic Violence •Private Securely Services Advisory Board www.dcjs.�i�inia.gov Department of Criminal Justice Services 1100 Bank Street, 12th Floor, Richmond, VA 23219 Statement of Grant Award /Acceptance Subgrantee: Frederick County Date: September 26, 2016 Grant Period: Grant Number: From: 10/01/2016 Through: 09/30/2017 17- A403SAD15 Project Director Project Administrator Finance Officer The Hon. L. W. "Lenny" Millholland Ms. Brenda G. Garton Ms. Cheryl B. Shifller Sheriff County Administrator Finance Director Frederick County Frederick CounTy Frederick County 1080 Coverstone Drive 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 Winchester, VA 22601 Phone: (540)662 -6168 Phone: (540)665 -6382 Phone: (540)665 -5610 Email: Email: bgarton @fcva.us Email: cshi8ler @fcva.us Grant Award Budget Budget Categories DCJS Funds Federal General Special Local TOTALS Travel $0 $0 $0 $0 $0 Supplies /Other $5,000 $0 $0 $0 $5,000 Personnel $0 $0 $0 $0 $0 Indirect Cost $0 $0 $0 $0 $0 Equipment $0 $0 $0 $0 $0 Consultant $0 $0 $0 $0 $0 Totals $5,000 $0 $0 $0 $5,000 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. � -, / G._ _ ` - Francine C. Ecker, Director The undersigned, having received the Statement of Grant Award/Accepta ce and the C� � dil tion� s attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this � of � T(IWW 20((, Signature: Title: 0 STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 Edward Byrne /Justice Assistance Grant Program subgrantee: Frederick County Federal Catalog Number: 16.738 Title: Naloxone for Law Enforcement Agencies The following conditions are attached to and made a part of this grant award: Grant Number: 17- A4038AD15 Date: September 26, 2016 1. Where the Statement of Grant Awazd reflects a required match contribution by the grant recipient, the recipient agrees, by accepting the award, to provide the match as shown in non - federal match. 2. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees: to use the grant funds to carry out the activities described in the grant application, as modified by the terms and conditions attached to this award or by subsequent amendments approved by DCJS; to adhere to the approved budget contained in this award and amendments made to it in accord with these terms and conditions; and to comply with all terms, conditions and assurances either attached to this award or submitted with the grant application. 3. By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local funds that would, in the absence of this grant, be made available for the same purposes. 4. Within 60 days of the starting date of the grant, the subgrantee must initiate the project funded. If not, the subgrantee must report to the DCJS, by letter, the steps taken to initiate the project,. the reasons for the delay, and the expected starting date. If the project is not operational within 90 days of the start date, the subgrantee must obtain approval in writing from the DCJS for a new implementation date or the DCJS may cancel and terminate the project and redistribute the funds. 5. The subgrantee agrees to submit such reports as requested by DCJS on forms provided by DCJS. Funds from this grant will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can show good cause for missing the reporting deadline. 6. Grant funds are usually disbursed quarterly. Grant state and local match funds are expended and/or obligated during the grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period. All requests for reimbursement must be completed within 90 days after the end of the grant. The grant recipient agrees to submit to the DCJS a fmal grant fmancial report'and return all unexpended grant funds that were received within 90 -days after the end of the grant. 7. Budget Amendment Requests must be submitted through GMIS by the Project Director, Program Administrator, or Finance Officer. This Budget Amendment form must be accompanied with a narrative. No more than two such amendments will be permitted during the grant period. The deadline for all budget amendments to be submitted will be 45 days prior to the end of the grant year. 8. Acceptance of this grant award by the local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances —those submitted with the grant application, and those issued with this awazd —are complied with. 7 a. By signing the Statement of Grant Award/Acceptance, the grantee agrees to comply with all terms, conditions, certifications and assurances that are attached to and made part of this grant award. b. The Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements (2 pages) can be downloaded from the DCJS website at htt p: / /www.dc; s.virginia.gov /forms /�: ants /usdoa.doc. c. The General Grant Conditions and Assurances, Attachment A (5 pages) can be downloaded at http: / /www.dcj s.virginia.gov /forms /grants /attachmentA. doc. 9. Any delegation of responsibility for carrying out grant - funded activities to an office or department not a part of the local government must be pursuant tp a written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions and assurances of the grant award. 10. The grantee agrees to comply with the Virginia Public Procurement Act http: / /eva.virginia.gov /pa es /eva- v�pa.htm. Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJS. Permission to make sole source procurements must be obtained from DCJS in advance. 11. The grantee may follow their own established travel rates if they have an established travel policy. If a grantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. For future reference please refer to the following IRS website for the most current mileage rate: httn: / /www.irs.�;ov /taxpros /article /0 „id= 156624�00.htm1: Transportation costs for air and rail must be at coach rates. 12. Project Income: Any funds generated as a direct result of DCJS grant- funded projects are deemed project income. Project income must be reported on the Subgrantee Financial Report for Project Income provided by DCJS. Instructions for the Project Income form can be downloaded at: http: / /www.dcjs.virainia.eov/ forms/ ��rants/ subarantProjectIncomeInstructions .doa The Project Income form can also be downloaded from the DCJS website at: h��: / /www.dc�s.vir�inia.aov/ forms/ ��rants /sub�rantProjectIncome.xls. Examples of project income might include service fees; client fees; usage or rental fees; sales of materials; income received from sale of seized and forfeited assets (cash, personal or real property included). 13. The grantee agrees to comply with all federal and state confidentiality requirements. All grantees receiving funds to conduct research or statistical activities that involve collecting data identifiable to a private person should submit a Privacy Certificate, when required, in accordance with the requirements of 28 CFR Part 22, This requirement can be downloaded at: http:.//www.ecfr.gov/cgi-bin/text- idx ?SID= 484ad202fefda843 f58e860eebaa85b &node = 28:1.0.1.1.23 &rgn =div5 #28:1.0.1.1.23.0.4.6. 14. The grantee agrees to comply with the Department of Justice's requirements of 28CFR part 46 — Protection of Human Subjects. These federal requirements can be downloaded at: ht—pc :/ /www.ecfr.�'ov /chi- bin/text- idx ?SID= 484ad202fefda5843f53 e860eebaa85b &node = 28:2.0.1.1.4 &ran =div5. 15. The recipient agrees to assist the Department of Justice in complying with the National Environmental Policy Act (NEPA), and other related federal environmental impact analyses requirements in the use of these grant funds. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Recipient understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, subrecipient, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (i) listed on or eligible for listing on the National Register of Historic Places or (ii) located within a 100 -year flood plain; c. A renovation, lease, or any other proposed use of a building or facility that will either (i) result in a change in its basic prior use or (ii) significantly change its size; and d. Implementation of a new program involving the use of chemicals other than chemicals that are (i) purchased as an incidental component of a funded activity and (ii) traditionally used, for example, in office, household, recreational, or education environments. 16. The subgrantee agrees that it and all its contractors will comply with the following federal civil rights laws as applicable: ■ Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in the delivery of services (42 U.S.C. § 2000d), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart C; ■ The Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in the delivery of services and employment practices (42 U.S.C. § 3789d(c)(1)), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart D; ■ Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (29 U.S.C. § 794), and the DOJ implementing regulations at 28 C.F.R. Part 42, Subpart G; ■ Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability in the delivery of services and employment practices (42 U.S.C. § 12132), and the DOJ implementing regulations at 28 C.F.R. Part 35; ■ Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities (20 U.S.C. § 1681), and the DOJ implementing regulations at 28 C.F.R: Part 54; ■ The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age in the delivery of services (42 U.S.C. § 6102), and the DOJ implementing regulations at 28 C.F:R. Part 42, Subpart I; and ■ The DOJ regulations on the Equal Treatment for Faith -Based grganizations, which prohibit discrimination on the basis of religion in the delivery of services and prohibit organizations from using DOJ funding for inherently religious activities (28 C.F.R. Part 38). ■ The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, which prohibits discrimination in both employment and the delivery of services or benefits based on race, color, national origin, religion, and sex in JJDPA- funded programs or activities (42 U.S.C. § 5672(b)). ■ Section 1407 of the Victims of Crime Act (VOCA), as amended, which prohibits discrimination in both employment and the delivery of services or benefits on the basis of race, color, national origin, religion, sex, and disability in VOCA- funded programs or activities. (42 U.S.C. § 10604). • The grantee agrees to meet the civil rights training requirements through viewing the online training modules offered through the Office on Civil Rights at ht�i: / /oj aL.,gov /about/ocr /ocr- training- videos /video - ocr- trainina,�htm. The grantee must review these training modules at least once per grant cycle and must view the civil rights overview, standard assurances modules, and the module on the obligations to provide services to limited English proficient (LEP) individuals. 17. The subgrantee agrees that in the event a Federal or State court or Federal or State administrative agency makes a fording of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the fording to the Qffice for Civil Rights, Office of Justice Programs. 18. Scheduled Audit -The grantee agrees to forward a copy of the scheduled audit of this grant award. Please forward to DCJS — Attention: FINANCE. 19. Prior to DCJS disbursing funds, the Grantee must comply with the following special conditions: a) By November 1, 2016 resubmit the following federal forms with County Administrator's signature: 1) Grant Application cover page to reflect the County Administrator in the Project Administrator position with the County Administrator's signature, 2) Attachment A, Grant Conditions and Assurances, and 3) The Certifications Regarding Lobbying, Debarment, Suspension, etc. 0 {. f ti `:. _ _ ' a COMMONWEALTH of VIRGINIA Department of Criminal Justice Services Francine C. Ecker Director NOTICE To: Grants Project Administrator From: Janice Waddy, DCJS Grants Administrator Re: Post Award Instructions and Reporting Requirements PLEASE READ VERYCAREFULLY. 1100 Bank Street Richmond, Virginia 23219 (804)786 -4000 TDD (804) 786 -8732 ❑ GRANT AWARD AND SPECIAL CONDITIONS: Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released. Sign and date the grant award acceptance and submit any Special Condition documentation to: Grants Administration Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 ❑ REPORTINGRE(�UIREMENTS By accepting the accompanying grant award, you are agreeing to submit on -line quarterly progress -and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DCJS may waive this provision. Financial reports and progress reports *are due no later than the close of business on the 12�' working day after the end of the quarter ( *except Pre- and Post - Incarceration Services reports which are due by the last working day of the end of the following month). Also, V- STOP progress reports are submitted on asemi- annual schedule I2`h working day after 6/30 and 12/31 quarters.) Reports are required even if no expenditures have occurred during the quarter: Requests for Funds will not be honored from grant recipients who do not fulfill this reporting obligation. A schedule of due dates is also attached for your reference. Criminal Justice Services Board •Committee on Training •Advisory Committee on Juvenile Justice and Prevention Advisory Committee to the Court Appointed Special Advocate and Children's Justice Act Programs Advisory Committee on Sexual and Domestic Violence •Private Security Services Advisory Board www.dcjs.vygjgja. gov ❑ PROGRESS REPORTS Refer to our website: htt �: / /www.dc's.vir inia. ov/ for submitting progress reports through the online Grants Management Information System (GMIS). In order to use this web -based system, if you have not previousl�� do�you must obtain a user name and�assword set up byyouur Finance Officer, whose name and contact information is listed on the attached Statement of Grant Award/Acceptance. Parer codes o�pro�ress reports are no lon.� er accented. You are required to use the online system to submit i�our nro�ress reports. *FOR THE BYRNE /JAG PROGRAM.• PLEASE NOTE, INFORMATION ON SUBMITTING QUARTERLY PROGRESS REPORTS WILL BE SEND AT A LATER DATE. ❑ FINANCL4L REPORTS Refer to our website for submitting financial reports through the online Grants Management Information System (GMIS). In order to use this web -based s s� if you have not previously done sovou must obtain a user name and password set up by your Finance Officer whose name and contact information is listed on the attached Statement of Grant Award/Acceptance. Paper copies o��nancial reports are no longer accepted. You are required to use the online s��stem in reporting your expenditures. The address is: http: / /www. dcj s.virgi�a. Gov /�xantsAdministration/�mis /index. cfm ?menuLevel =4 ❑ RE(7UESTING GRANT FUNDS Refer to our. website for requesting funds through the Grants Management Information System (GMIS). In order to use this web -based system, if you have not previously done so= you must obtain a user name and password set up b►�,your Finance Officer whose name and contact information is listed on the attached Statement of Grant Award/Acceptance. *Please note, you can access this system using the same password assigned for the online financial reporting system. Paper copies of re�fuest for funds are no longer accented. You are rep uired to use the online s stem or re uestin� unds. ❑ BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review your special conditions carefully to determine the requirements and procedures for amending budgets. Refer to our website for the online Grants Management Information System. *Please note again that you can access this system using the same password assigned for the online financial reporting system. Paper copies of budget amendments are no lon�•er accef�ted You are re�auired to use the online s�•stem ,for submitting budget amendments. If you have any questions, please contact Virginia Sneed at (804) 786 -5491 or by e -mail at virginia. speed @dcj s.virginia. goy. general programs updated 4 -15 11 PROJECTED DUE DATES FINANCIAL &PROGRESS REPORTS Reports are due by the 12th workin; � dati� following the close of the quarter covered in the report. Financial reports are required even if no expenditures have occurred. QUARTER ENDING 9/3 0/2016 12/31/2016 3/31/2017 6/30/2017 9/3 0/2017 12/31/2017 DUE DATE 1.0/19/2016 1 /20/2017 4/18/2017 7/19/2017 10/18/2017 1/19/2018 Please contact the appropriate DCJS staff person if you need assistance with the following: • Financial. R�rts and Re+�uest for Funds —DCJS Fiscal Services Manager, $ill Dodd, at 804/371 -0638 or bill.dodd�a3dc1swirginia^gov • GMIS — Complete and send an email to �rantswebr�zdcjs.vir�inia.�ov citing the error message received, to request assistance from the GMIS IT Specialist, DeAndrea Williams. • Progress Re��orts and Other Requests —your assigned DCJS Grant Program Monitor. general programs 6/15 12 Sharon Kibler From: Sharon Kibler Sent: Wednesday, December 14, 2016 1:41 PM To: Sharon Kibler Subject: FW: Grant Attachments: SKMBT_C45216110214150.pdf; SKMBT_C45216110214101.pdf; SKMBT_C45216110214100.pdf; SKMBT_C45216110214091.pdf; SKMBT_C45216110214081.pdf; SKMBT_C45216110214090.pdf From: Aleck Beeman Sent: Wednesday, November 02, 2016 2:39 PM To: Cheryl Shiffler Subject: Grant Cheryl; Attached is the grant we talked about. The total grant is for $20000. We will receive $17999 and our in -kind match will be $2001 which is personnel costs that will come from our current budget. The grant period is from January 1, 2017 to December 31, 2017. If you have any questions please contact me. Thanks, Aleck Captain Aleck Beeman Administrative Services Division Frederick County Sheriff's Office 1080 Coverstone Drive Winchester, VA 22602 540 - 662 -6168 abeeman @fcva.us i 13 ITEMIZED BUDGET 1. PersonnellEmployees DCJS FUNDS APPLICANT MATCH TOTAL a. Name of Employees Position Titles Annual Salary Rate Hours Devoted FEDERAL STATE CASH IN -KIND CASH Jared Nail Investi ator 64292.8 25 $q $773 $773 Patti Willaims Clerk 45489.6 25 c. Subsistance = number o days X rate per day X $547 $547 Gre Lambert Deput 52478.4 27 $0 $0 b. Organizations and Associations TYPe� Fee: Time Devoted: $681 $681 TOTAL TRAVEL: $0 $0 $0 $0 $0 $0 $0 $q $0 TOTAL $0 $D $0 $q $0 c. Consultants' Subsistence and Travel $0 TOTAL b. Frin a Benefits $0 $0 $0 $2,p01 $2,001 $q RatelDa $q FICA % _ $q TOTAL $p RETIREMENT = $0 $0 $0 $p OTHER Itemize = TOTAL CONSULTANT$ a+b +c $p TOTAL $0 $0 $0 $q $0 TOTAL PERSONNEL A+B $0 $0 $0 $2,001 $2,001 2. Consultants (including Travel and Subsistence} DCJS FUNDS APPLICANT MATCH TOTAL a. Local Milage = No. of Miles X Rate Per mNe X FEDERAL 5TATE CASH IN -KIND a. Individual Consultants Type Training for Law Enforcement Hours Devoted: $q b. Non Local Milage - No. of Mites X Rate Pe• mile X $q c. Subsistance = number o days X rate per day X $p TOTAL $0 $0 $0 $0 $0 b. Organizations and Associations TYPe� Fee: Time Devoted: TOTAL TRAVEL: $0 $0 $0 $0 $0 $0 $q $0 TOTAL $0 $D $0 $q $0 c. Consultants' Subsistence and Travel Number of Da s: $q RatelDa $q TOTAL $0 $0 $0 $0 $0 TOTAL CONSULTANT$ a+b +c $0 $0 $0 $0 $0 3. Travel and Subsistence for Project Personnel DCJS FUNDS APPLICANT 11IlATCH TOTAL a. Local Milage = No. of Miles X Rate Per mNe X FEDERAL STATE CASH IN -KIND $q b. Non Local Milage - No. of Mites X Rate Pe• mile X $q c. Subsistance = number o days X rate per day X $0 d. Airoeotherfares $q TOTAL TRAVEL: $0 $0 $0 $0 $0 14 Page 1 of 3 dc�s- excel- 1212401 ITEMIZED BUDGET Continued 4. Equipment DCJS FUNDS APPLICANT MATCH TOTAL Type Quantity Unit Price Purchase nr Rental FEDERAL STATE CASH IN -KIND 7. Cash Funds Project Lifesavor band kit Project Lifesavor Receiver 1D 350 Purchase 0 $3,500 T°1`A�-ilt`]DIEiFC�' �wx: $D $3,500 1 1800 Purchase $1,800 $1,800 Exterior Lockbox 50 40 Purchase $1,5D0 $2,000 $1,500 $2,OOD Uniforms for Ex loners 1D 200 Purchase $2,000 $639 $2,000 TentlTableslChairs 1,3,5 250/50/20 Purchase $500 $500 TOTAL EQUfPMENT- $0 $9,800 $D $0 $9,800 5, Supplies and Other Expenses DCJS FUNDS APPLICANT MATCH TOTAL TOTAL FEDERAL STATE CASH IN -KIND T e Quantit Price IN -KIND 7. Cash Funds 0 Program for Edler Support 1 4,500 0 $4,500 T°1`A�-ilt`]DIEiFC�' �wx: $D $4,5D0 i2 Trainin for statistics 1 1,500 $1,500 $1,500 Print crime preventiort material in Spanish � 1,500 $1,5D0 $1,500 Crime preventipn material for youth 1 899 $689 $639 $0 $a $D $0 $D $D $D TOTAL SUPPLES AND OTHER; $0 $8,199 $D $0 $8,199 6. Indirect Cost DCJS FUND5 APPLICANT MATCH TOTAL $2o,00a FEDERAL STATE CASH IN -KIND 7. Cash Funds 0 0 0 0 0 $0 T°1`A�-ilt`]DIEiFC�' �wx: $D $D $0 $D $D �RANCi TATAL: $D $17,999 $o $2,oa1 $2o,00a 7. Cash Funds 0 0 0 0 0 Cash funds from sources other than grant program supporting this project- {itemize). 0o not add to requesked Project Budget Summary accounts.) P�gL+2 of 3 dCjs- exce1�121i001 ra-�n� $2a,oaa Page 3 of 3 dcjs- excel- 1212�D4 U.S. DEPARTMENT dF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUGFREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69. "New Restriction's an Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non- procurement} and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as z. material representation of fact upon which reliance will be placed when the Department of justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 ofthe t1.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grantor cooperative agreement aver $10U,000 as defined at 28 CFR Part 69, the applicant certifies that: {a) Na Federal appropriated funds have been paid or will be paid, by or on behalf of the undcrsigncd, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, cantinuatian, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with tl►is Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Farm - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions: {c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all Hors (includ¢ig subgrarEts, contracts under grants and cooperative agreementsl and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SCJSPENSION, AND DTHER RESPONSCBIE]TY MATTERS {DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and Implemented at 28 CFR Part 67, for prospective participants in primary covered transacrians, as defined at ?8 CFIt Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within athree -year period preceding this application. been convicted ofar had a civil judgment rendered against them for commission of fraud or a criminal offense in convention with obtaining, attempting to obtain, ar performing a public (Federal, State, or local) transaction or contract under a public transaction: viafatian of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 17 {C) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and {d) Have not within athree -year period preceding this app[ication had one or more public transactions (Federal, State, or local} terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he ar she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDNIDIIALS) As required by the drug -Free Workplace Act of 1988, and implemented at 28 CFR Parts 67, Subpart F, for grantees, as defined at 28 CPR Part 67 Sections 67.615 and 67.b20 --- A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about - -- (l }The dangers of drug abuse in the workplace: (2) The grantee's policy ofmantaining adrug -free workplace; {3} Any available drug counseling, rehabilitation, and employee assistance programs; and (4} The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace: (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a cagy of the statement required by paragraph (a }; {d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee v�+ill - -- (1 }Abide by the terms ofthe statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e} Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction, Employers of convicted employees must. provide notice, including position title, to: Department of3ustice. Office of Justice Programs. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington.11.C. 2 ©531. Notice shall include. the identification numbers) of each affected grant, (f) Taking one ofthe following actions; within 3U calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - -- (l) Taking appropriate personnel action against such an employee, up to and including termination. consiseent with the requirements of the Rehabilitation Act of I973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: (g) Making a good faith effort to continue to maintain a drug free workplace through implementation ofparagraphs (a), (b); (c), (d }, (e), and (f). B. The grarAtee may insert in the space provided below the sites) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, coun#y, state, zip code) Check if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides Thai a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of justice funding. States and State agencies may elect to use OJP Faun 4061!7. Check if the State has elected to complete OJP farm 4D61/7 DRUG -FREE W012KPLAt✓E (GRANTEES WHO ARE I1�DIVIDUALS) As required by the Drug -Free Workplace Act of 19$8, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.62U - -- A. As a conditlan of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant, and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within l0 calendar days of the conviction, to: Department of Justice, Offce of Justice Programs. ATJ`1*1: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 24531. As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: �i^���2�`i C � �ouw�y �le�i 2. Application Number andlar F ojecl Name r S t� �f f,C � Q �j i1 +�J Fr 5�i1�'1 �. Uri V� �i�}iZc+�s i� �rer�eric.�C 4. Typed Narrt� and Title of Authorized Representative Brenda Garton, Frederick Colanty Administrator i 3, Grantee 6. Date �1 G � t i lnGLl es���`l V GEI�ERA�, GRANT` C4N�Y'I'YOl'V'S ANI) ASSURANCES The applicant, for federal funds administexed by DCJS, gives assurances and certifies with respect to the grant that it will comply with the following requirements: 1- The applicant assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records as the Department of Criminal Justice Services shall prescribe shall be provided to assure fiscal central, proper management, and efficient disbursement of funds received under this grant. 2. REPORTS: Each applicant shall submit such reports as the DCJS shall reasonably request. Financial and progress reports shall be submitted to the DCJS on the 12th working day following the close of each quarter unless otherwise informed, 3. GRANT CLOSEOUT': The last quarterly report of a project using federal funds must indicate any unpaid obligations, which exist at the expiration of the grant. The applicant has 90 days to liquidate any unpaid. obligations and submit a final financial report. 4. UNUSED FUNDS: Any funds that have been requested, but unexpended at the end of the grant period will be refunded by check made payable to the Treasurer, Com�nanwealth of Virginia, and will accompany the final financial report when it is submitted to DCJS. (Mast state agencies must use DPB form 27 and an IAT to return unused grant funds.) The check should be mailed to the attention of the Finance Department, Department of Criminal Justice Sen�ices, 1100 Bank Street, 12th Flaar, Richmond, VA, 23219. 5. INSPECTION AND AUDIT: The applicant agrees to comply with the organizational audit requirements of OMB Circular A -I33, "Audits of State, Local Governments and Non - Profit Institutions." In conjunction with the beginning date of the award, the audit report period of the local government entity to be audited under the single audit requirement is the start -date of the project through the end -date of the project as noted on the Statement of Grant AwardlAcceptance. The audit report shall be submitted no later than one (1) year from the end -date of the grant award as stated on the Statement of Grant AwardlAeceptance, and For each audit cycle thereafter covering the Entire award period as originally approved or amended. The management letter must be submitted with the audit report. A copy of all audits must be forwarded to the Finance Department, Department of Criminal Justice Services. 6. The applicant uTill comply, where applicable, with the fallowing: ■ National Environment Policy Act of 1969 (42 U.S.C. § 4321); ■ Flood Plain Management and Wetland Protection Procedures (28 CFR 63 }; National Historic Preservation Act (16 USC 470 }; ■ Uniform Relocation Assistance and Real Property Acquisitions Policies Act. of 1970. (42 U.S.C- § 4601 et seq.); ■ Clean Air Act, P. L. 88 -206, 42 USC 1$57, et seq; * Safe Drinking Water Act, P. L, 93 -523, 42 USC 3001, et seq; Endangered Species Act of 1973, P. L. 93 -205, 16 USC 1531, et seq; Updated 12! 10 19 ■ Wild and Scenic Rivers Act, P. L. 90 -542, 16 USC 1271, et seq; ■ Fish and Wildlife Coordination Act, P. L. 85 -624, 16 USC 661, et seq; ■ Historical and Archaeological Data Preservation Act, P. L. 93 -291, 16 USC 2469, et seq; ■ Coastal Zane Management Act of 1979, P. L. 92 -583, 16 USC 1451., et seq. and. the Coastal Barrier Resources Act of 1982 {P.L. 97 -348); ■ Animal Welfare Act of 1970, P. L. 91 -579, 7 USC 2131, et seq; ■ impoundment Control Act of 1974, P. L. 93 -344, 31 USC 1401, et seq;. and ■ The Fair Labor Standards Act, if applicable. 7. POLITICAL ACTIVITY: The restrictions of the Hatch Act, Pub. L. 93 -433, 5 USC Chapter III, (as amended), concenung the political activity of government erraplayees are applicable to applicant staff members and other state and local government employees whose principal employment is in connection with activities financed, in whole or in part, by grants. Under a 1975 amendment to the Hatch Act, such state and local. government employees may take an active part in political management and campaigns except they may not be candidates for office. DISCRIMINATION PROHIBITED: No person shall, on the grounds of race, religion, color, national origin, sex, or handicap be excluded from participation in, be denied the benefits or be otherwise subjected to discrimination under or denied employment in connection with, grants awarded pursuant to the Justice Assistance Act of 1984, and the implementing regulations 28 CFR Part 42, Subparts C, D, E, and {s, or any project, program, activity, or subgrant supported or benefiting I`rom the grant. The applicant must comply with the provisions and requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations 28 CFR 41.101 et seq. The applicant must further comply with Section 504 of the Rehabilitation Act of 1973, as amended, and its implementing regulations; the Age Discrimination Act of 1973, as amended, and its implementing regulations and Title IX of the Education Amendments of 1972; Title 11 of the Americans with Disabilities Act (ADA)(1990 }; (42 USC. 12131 -12134 & 28 CFR 35 }. 9. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM: Each applicant certifies that it has executed and has on file, an Equal Employment ©pportunity Program which conforms to the provisions of 28 CFR Section 42.302 or that in conformity with the foregoing regulation; na EquaI Employment Opportunity Program is required. The applicant organization having 50 or more employees who would recei�-e amounts of $500,000 ar more, or grants which in the aggregate exceed $500,000 or mare, in any fiscal year must submit a copy of their Equal Employment Opportunity Plan {EEOP) to the DCJS fox review. For continuation grant funding that exceed these amounts in any fiscal year the applicant must submit a statistical update from the previous year's plan. 10. The applicant assures that in the event a federal or state court ar federal or state administrative agency makes a finding of discrimination after a due. process hearing on the grounds of race, color, religion, national origin ar sex against a recipient of fur►ds, the recipient will forward a copy of the t'inding to the DCJS. Updated 12.1 � 20 11. RELEASE OF INFORMATION: All records, papers and other documents kept by recipients of DCJS funds, and their contractors, relating to the receipt and disposition of such funds, are required to be made available to the DCJS. These records and other documents submitted to DCJS and its applicants pursuant to other previsions of the Act, including plans and application for funds, are required to be made available to DCJS under the terms and canditions of the Federal Freedom of Information Act, 5 USC 552. 12.INFORMATION SYSTEMS: With respect to programs related to criminal justice ir>forrr>alion systerrts, the applicant agrees to comply with the provisions of 28 CFR, Part 2Q governing the protection of the individual privacy and the insurance of the integrity and accuracy of data collection. The applicant further agrees: ■ That all computer programs (software] developed with funds provided by this grant will be made available to the DCJS for transfer to authorized users in the criminal justice comnnunity without cast other than that directly associated with the transfer. The software will be documented in sufficient detail to enable potential users to adapt the system, or portions thereof, to usage on a computer of similar size and configuration. ■ To provide a complete copy of the computer programs and documentation, upon request, to the DCJS. The documentation will include but not be limited to system description, operating instruction, program maintenance instructions, input forms, file descriptions, report formats, program listings, and flow charts for the system and programs. ■ That whenever possible all application programs will. be written in standardized programming languages (i.e., ANSI, Cobol, FORTRAN, Basic, etc.) for use on general operating systems (e.g., DOS, CP /M, UN1X, etc,) that can be utilized on at least three different manufacturers computers of similar size and configuration. ■ To avail itself, to the maximum extent possible, of computer software already produced and available without charge. The Department of Criminal Justice Services should be contacted to determine availability of software prior to any development effort. 13. CONFIDENTIALITY OF RESEARCH INFORMATION: Research information identifiable to an individual, which was obtained though a project funded u ;holly or in part with DCJS grant funds, shall remain confidential and copies of such information shall be immune from legal process, and shall not, without. the consent of the person furnishing such information, be adix►itted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding (28 CFR Park 22 }. 14. CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES: The applicant agrees to be in compliance with all policies as expressed under the Code of Federal Regulations, 28 CFR 23, concerning the operation of criminal intelligence systems funded with DCJS funds. 15. COPYRIGHT: Except as otherwise provided in the conditions of the award, the author is free to arrange for copyright without approval when publication or similar materials are developed fxorri work under a DCJS supported project. Any such copyright materials shall be subject to the DCJS's right to reproduce them, translate them, publish them, use and dispose of them, and to authorize others to do so for government purposes. In addition, communications in primary scientific or professional journals publishing initial reports or research or other activities and supported in whole or in part by the DCJS project funds may be copyrighted by the journal with the understanding that individuals are authorized to make or have made by any means available to them, without regard to the copyright of the journal, and without. royalty, a single copy of any such article for their own use. State employees who Updated 12, l4 21 lb. PATENTS: If any discovery or invention arises or is developed in course of or as a result of work performed under this grant, the applicant shall refer the discovery or invention to DCJS, The applicant hereby agrees that determination of rights to inventions made under this grant shall be made by the DCJS or its duly authorized official representative, who shall have the sole and exclusive powers to determine whether or not and where patent application should be filed and to determine the disposition of all rights in such inventions, including title wl''ich may issue thereon. The determination of the DCJS or its duly authorized representative shall be accepted as final. In addition, the applicant hereby agrees and otherwise recognizes that the DCJS shall acquire at least an irrevocable non - exclusive royalty -free license to practice and have practiced throughout the world for governmental purposes any invention made in the course of or under this grant. The grant shall include prot�isrons appropriate of effectuating the purpose of this condition in all contracts of employment, consultant's agreements, or contracts. 17. The applicant assures that funds made available under this giant will not be used to supplant state or local funds,. but will be used to increase the amounts of such funds that would be, in the absence of these funds, made available for drug law enforcement activities. 1$. Confidential expenditures far services, evidence andlox information must comply with the requirements stated in the Administrative Guide and Application Procedures Manual. 19. BIO MEDICAL EXPERIMENTATION: The applicant assures that no grant funds will be used for any bio- medical or behavior control experimentation on individuals or any research involving such experimentation. 20. The applicant agrees to complete a Cer #i %cation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, prior to finalizing any financial agreements pursuant to 2$ CFR 67.510 (Code of Federal Regulations). This includes consultants under any award. 21. The applicant must state the percentage of the total cost of this program supported by federal funds and the dollar amount of federal funds for this program. This statement shall. be can all press releases, requests for proposals; bid solicitation and other documents describing the program whether funded in -whole or in -part with federal funds. 22. The grantee agrees that any publication (written, visual, or sound, but excluding press releases newsletters, and issue analyses) issued by the grantee or by any Applicant describing programs or projects funded in -whole or in -part with Federal Funds, shall contain the following statement: This project was supported by the Department of Criminal Justice Services (DCJS) grant # ,with funds made available to the Commonwealth of Virginia from the Office of , U.S. Department of justice. Feints of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the Virginia Department of Criminal Justice Services or the United States Department of Justice. The applicant also agrees that one copy of any such publication will be submitted to the DCJS to be placed on ale and distributed as appropriate to other potential applicants or 4 Updated i 2' ] D 22 interested parties. DCJS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the applicant. 23. Applicants with federal grants that procure goods or services that have an aggregate value of $500,000 or mare must specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including consiruction services} a) the amount of Federal funds that will be used to finance the acquisition; and b} expresses the amount announced pursuant to paragraph (a) as a percentage of the total cast of the planned acquisition. This complies with Public Law 102 -141, section G23 (forzi�ally the Stevens Amendment). CERTIFICATIQN 1 certify that all the information presented is correct, that there has been appropriate caordinatian wish affected agencies, and that the applicant will comply with the provisions of all other federal and state laws and rules and regulations that apply to this award. A t prized Qf � (Pra� ct Administrator) to Updated 1 ?.'10 23 Project. Narrative Frederick County Sheriff's Office Reaching aut to Citizens in Frederick County Need Statement The Frederick County Sheriff s Office is the full service law enforcement agency for Frederick County, Virginia, Frederick County's population is approximately 83,000 people according to the 2015 census estimate. Frederick County is 415 square miles of suburban, rural, commercial, and agricultural developments, which surrounds Winchester City, the county seat. There are two incorporated towns in Frederick County, Stephens City and Middletown. Four major highways including Interstate 81 pass through Frederick County. The Frederick County Sheriff's Office responded to over 67,000 calls for service in 2015. Frederick County like other localities has struggled with balancing its budget and still meeting the needs ofthe citizens. One of the unmet needs is providing more community interaction with the citizens of Frederick County via crime prevention presentations and brochures. Like other localities throughout the state and country, Frederick County is struggling to allocate needed resources because of the drug abuse (heroin} issue. The following populations need more crime prevention attention in Frederick County. The Latino community, the high school community, and the senior citizen. conmunity currently do not receive the needed attention to address their needs. The Sheriff's Office currently attends community events throughout the county. A need that has been determined is for the proper equipment to attend these functions. The Sheriff's Office needs new tables and chairs to take to the functions and would like to have a nice pop up tent with our logo on the tent. The tent would help identify the Frederick County Sheriff's Office as being a participant in the function. Currently we do not have a way to identify the Sheriff's Office as a participant. The Latino population is increasing in Frederick County, but it is an underserved population. Frederick County Sheriff's Office has not. had the funds to do outreach programs in the Latino community. The Sheriff's Office would like to be able to reach out to this underserved community and offer them the same crime prevention information we offer to the English speaking population. This would be the foundation to establish a trusting relationship between the Latino community and the Sheriff's Office. The Frederick County Sheriff's Office currently has School Resource Officers in 3 high schools and 4 middle schools in Frederick County, We also have a D.A.R.E. officer that teaches the program in the 11 elcmcntary schools. The School Resource Officers teach Virginia rules in the lugli schools; however, we do not have any brochures to hand out to the students. Another issue is the amount of mental health issues that have been reported to School Resource Officers. Frederick County Public Schools averages 4 deaths per year from suicide and traffic accidents. The Sheriff's Office would like to provide information to students on current crimes, mental health, and driving safely. Another community ser��ice the Frederick County Sheriff's Office provides is sponsoring an Explorer Program, This program allows young people between the ages of 14 and 21 to explore a career in law enforcement. They meet twice a month and do training similar to the basic law enf ©rceinent academy. The requested funding for this program will allow the Sheriff's Office to purchase .new uniforms for the Explorers, which will help identify them when they are doing community events for the Sheriff's Office. This exposure helps recruit other Explorers and their interaction with other people their age creates a positive perception of the Sheriff's Office. The senior population is also growing in Frederick County. We have two large senior residential communities in Frederick County that accept residZe�ts continually. There are also numerous senior residents who live alone in the county in their own residence. Additionally, law enforcement agencies in Virginia have been tasked with search and rescue. The Sheriff's Office has seen an increase in calls for search. and rescue resources, including missing senior citizens. Frederick County Sheriff's Office currently has Project Lifesaver, but we do not have enough band kits to meet the demand, especially for lower income seniors and families with autistic children. Everyone knows that equipment can malfunction or fail at the most inopportune time. Two receivers are the minimum needed to do a good search for a missing person with a Project Lifesaver transmitter. Three receivers would ensure that at least two are working or three would allow moxe territory to be covered locating the missing person faster. This is always crucial in inclement weather when location time could mean life or death to the missing child or senior citizen. In January 201b the Sheriff's Office started our own program to assist senior citizens in Frederick County with quality of life issues, including crime prevention_ We have put an several seminars on scams, senior abuse, and medical awareness. These seminars have been attended consistently by approximately 30 seniar citizens. The Sheriff's Office also participates in the Triad�Salt program where we also reach out to senior citizens within the Frederick County /Clarke County /Winchester City community_ We also provide speakers and brochures for these events. Another issue that the Sheriff's Office has experience is gaining entry into senior citizens residence to check their welfare. We received 709 "Check the Welfare" calls for service in 2015. Approximately half of these calls were for senior citizens. On most of these calls the deputies have difficulty gaining entrance into the residence to check on the resident Numerous times deputies will have to force entry into the residence to check on the person because they live alone. Providing lockbaxes to the senior citizens who live alone and cannot afford. one will help us better serve this segment of our population. The Frederick County Sheriff's Office has the 12 program, but does not have a trained analyst to operate this program. The I2 program is a program that allows the operator to track different types of crimes or events. This would be usefiil in determining the correct response to criminal incidents, arrest data, traffic stops, or use of force issues, In conclusion, the Frederick County Sheriff's Oflce believes there is a need to provide additional services to the underserved Latina community, the high school community and the senior citizen community in Frederick County. The funds from this grant would be used to further educate and assist these underserved populations while building a trusting relationship. Protect Description _Latino Community Outreach The Sheriff's Office will purchase the brochures written in Spanish and actively seek times to interact with the Latino community. We do have several areas in the county where there is a high concentration of Latinos residing. We plan to do some community events in those areas. The tables, chairs, and tent would be used to set up an area where we could distribute the brochures and interact with the community. We believe that reaching out to the Latina community will facilitate the development of a trusting relationship that will encourage the community to engage in crime prevention within their community. The I2 program would be used to provide relevant information to the Latino community about crime trends and other issues.. High School Community Outreach The Sheriff's Office would like to provide information to students on current crimes, mental health, and safe driving. The brochures would be distributed to students at schools throughout the county to reinforce what they were taught by the School Resource Officers. The brochures would be given out in the spring and fall of 2017 to the students. The b2c`Jhures would not be given to the same class both times so as to reach more students. The uniforms for the Explorers would be purchased and issued to them immediately. Most of our Explorers are high school students and interact with other students daily. We would also allow them to speak at community events about our program. Senior Citizen Community Outreach The Frederick County Sheriff's Office will purchase brochures and medical information cards and distribute them at community fiinetion, seminars, and events as soon as they are received, They will also be distributed at the two atulual Triad/Salt events. The lockboxes will also be installed at residences where a need to have one has been identified. This will imrnediately allow access to senior citizen residences where the senior live alone. This will help alleviate one of the biggest concerns voiced by senior citizens living alone; no one will be able to get into their residence to help them in a time of need.. The Project Lifesaver receiver and transmitters will be ordered and the transmitters will be allocated as needed to people who suffer from Alzheimer's and Autism who ae considered fight risks. This equipment is also used in Search and Rescue training were we have a deputy take a transmitter and wander off in the woods ar a residential area and the team locates the missing deputy, Project Timeline The Sheriff's Office will begin using the requested funds imrnediately upon receiving the funds to purchase the requested equipment and supplies. Once the equipment and supplies are purchased then the Sheriff's Office will start attending more community events and will host at least one community event for the Latino community in Frederick County. A1I funds will be expended by December 31, 2017. Currently the Sheriff's Office has a monthly seminar for senior citizens on current issues. The purchased brochures would be handed out at these meetings. Also Triad /Salt has a spring and fall event where the brochures could be given out to seniors. The new tables, chairs and tent would be used at all ofthese functions. Tlae Sheriff's Office will purchase the lockboxes and identify needy senior citizens that need a lockbox installed on their residence. Once identified the lockbox will be installed and the combination will be placed in our CAD system so that the Sheriff's Office or Fire and Rescue can enter the residence whenever a emergency occurs or the person's welfare needs to be checked, The School Resource Officers interact with the students daily and participate in teaching and events at their assigned school continuously. Once the brochures are purchased they can be given out during these interactions with the students to supplement the message that was just taught, There are several I2 training classes scheduled for 2017. The crime analyst would enroll in one of these scheduled classes to receive the training in the use of this program. 26 Reaching Out to Citizens in Frederick County Budget Narrative Personnel In -Kind matching funds for personnel: 77 hours = $2001.00 The salaries of three Sheriff's Office personnel who directly work with the programs funds are being requested for: 1. ]ared lrlail- Explorer Program {$773.00} 2. Patti Williams - Elderly Assistance Program ($547.00) 3. Greg Lambert - Project Lifesaver. ($681.00) These three people already perform duties related to the above mentioned programs and the purchased supplies and equipment will enhance their ability to reach out to more citizens of Frederick County. EE u Amount Requested: $8804.00 The equipment will be used as follows: • The project Lifesaver band kit will allow us to sign up 14 more flight risk individuals to the Project Lifesaver program. ($3500,40) • We would like to purchase another PL1 -5000 receiver from Project Lifesaver to track missing individuals. We currently have 2 receivers now, but a third one will allow us to cover more area, thus locating the missing person faster. ($1500.00) � Tl�e exterior lockbox program will allow us to place a spare Douse key in an exterior lockbox of a senior citizen that resides alone. This will allow the Sheriffs Off ce and Fire and Rescue to enter the residence in emergency cases without damaging doors or windows to gain entry. ($2000.40} • The Explorer program is a visible part of the Sheriff=s Office at different events. Purchasing uniforms for the Explorers will promote unity within the program and attract new recruits for the program. The Explorer program provides positive interaction with the Sheriff's Office and young adults. The uniforms would be pants, shirts, belts, and boots. ($2000.40) • Purchasing a tent and tables and chairs will allow the Sheriff s Office to provide a better environment when we attend different community functions, The tent will provide protection from the sun and rain. The tables and chairs will allow us more space to do fingerprinting and provide crime prevention literature to the community, {$500.00) 27 Supplies and Clther Ex�ences Amount Requested: $8194.00 • Obtain and distribute brochures on Elder Abuse/ Exploitation which will raise awareness of issues and provide local support information. {$2500.00) • Refrigerator cards which list crucial medical and emergency information about a resident to receive emergency aid faster from emergency personnel dispatched to the residence. {$2000.00} • Promote Law enforcement in the community by purchasing crime prevention brochures written in Spanish for our Latina community and youth oriented brochures to encourage youth to noncriminal behavior. {$699,00) • I2 Training. Allow the Sheriff's Office full time crime analyst to attend i2 Information training to assist with tracking all types of incidents occurring throughout the county. {$1500.00} Grant Application Department of Criminal Justice Services, 1100 Bank Street, Richmond, Virginia 23219 -3644 Grant Program: 21 Century Policing Grant Congressional 10 District s Applicant: Frederick County Sheriff's Office Faith Based ❑Yes ®Na Organization? Applicant Federal ID 54- 6001290 Best Practice? ❑Yes ❑ No Number: Jurisdictions) Frederick County, Virginia Served Program Title: Reaching out to Citizens in Frederick County Certified Crime ❑Yes ®No Virginia. Prevention Community? Grant Period: January 1, 2017- December 31s, 2017 DUNS 118098222 NUMBER: Type of Application: ®New ❑Rural ❑ Continuation of Grant Number ❑Urban ❑Revision of Grant Number ❑Suburban � • �. • Narne: Aleck Beeman Brenda Garton Cheryl B. Sniffler Title: Captain County Administrator Finance Director Address 1080 Coverstone Drive 107 North Kent Street including Winchester VA 22602 -4369 Winchester, VA 22602 -5039 107 North Kent Sheet Zip +4: Winchester, VA 22601 -5039 Phone: 540 -fi62 -6168 540 -�i67 -8273 540 -665 -5610 Fax: 540- 504 -6400 540- 567 -0370 540 -667 -0370 E -Mail: abeeman @fcva.us bgarton @fcv s cshiffl fcva.us Si natu�eafPro'ectAdministrator: � � - N - R � Improve the quality of life and safety of the citizens of Frederick County by increasing the Law Enforcement's connection to the community. Projects include increasing resources for elder protection and access, and improving the explorer program to give youth in the county and opportunity to explore the field of Law Enforcement. Federal State Personnel 2001.00 Consu Itants 1,800.00 Trove I E ui ment $000.00 SupplieslOther 8199.00 2001.00 Indirect Costs Total Requested 17999.00 2,00'1.00 20000.00 4- 010 - 031020 - 5413 - 000 -004 3- 010 - 024040- 0030(lOBN) 29 �ER�CK �g� Sheriff Lenny Millholland CpUNTY SHERIF��S 1080 COVERSTONE DRIVE WINCHESTER, VIRGINIA 22602 540/662 -6168 FAX 540/504 -6400 TO � Angela Whitacre, Treasurer's Office FROM :Sheriff Lenny Millholland SUBJECT :Proceeds from Sheriff's Sale DATE :October 25, 2016 �FFIC Major Steve A. Hawkins Attached please find a check in the amount of $19,617.17. This check represents our department's proceeds from the public auction held September 21, 2016. We are requesting this amount be posted to 3010 - 015020 -0007 (1014) A copy of this memo will be sent to Finance for appropriation into our budget. Thank you. LWM /asw Cc: Finance - appropriate into 3102 - 1007 - 000 -001 (Career Development) FREDERICK COUNTY SHERIFFS OFFICE ot-o3 555 CIVIL FEES sa- zs���a 54D- 662 -6t 68 ['� ss 1080 COVERSTONE DR �`-' �� WINCHESTER, VA 22602 Date Pay to the — ' Order of _ ��e�laC'eC -' �� 1� �f iC�k �i�1f1} a � � x 1q i �y j'}-. Iii �` �.t1 �:�U��i.�C� S �x \�ic`t�C ��^� ��C�,eh — i1 l,.nars � M_: 55 Sharon Kibler From: Angela Williamson Sent: Thursday, October 27, 2016 3:46 PM To: Sharon Kibler Subject: Memo to Treasurer - Proceeds from Sheriff's Sale Sharon, We sent a check attached to a memo to the Treasurer's Office on 10/25/16 with a copy going to Finance for appropriation. The check was for $19,617.17. On the Cc to Finance we requested this amount be appropriated into 3102 - 1007 - 000 -001 (Career Development). I have since been informed that one of the vehicles sold at the auction was purchased with State forfeiture funds and the amount we received from the sale of that vehicle needs to be put back into the revenue line for State Forfeited Assets. I have sent an email to Angela Whitacre requesting $9,000 (amount of vehicle sale) be posted to the State Forfeiture revenue line. Can you please change the amount to appropriate into 3102- 1007 - 000 -4Ci1 to $10,617.17? , Please let me know if I need to do a memo for this to happen. Thanks! Angie �r��s w, . Administrative Assistant Frederick County Sheriff's O�`ice 540-504-6581 1 31 !7.6067 b�u��-e� �caen,ue Dennis D. Linaburg Fire Chief TO: FROM: COUNTY OF FREDERICK, VIRGINIA MEMORANDUM Cheryl Shiffler, Director Finance Department Dennis D. Linaburg, Chief Fire and Rescue Department SUBJECT: Request for Revenue Funds DATE: November 4, 2016 FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 The FY14Rid -to- Localities funds have been received with an overage of $9,662.00. I respectfully request these funds be transferred from 3- 010 - 024040 -013 (Emergency Services Fire Programs) for us to move forward with distributing the funds to the eleven volunteer companies. Total Request: $9,662.00 I request these funds be placed into line item 4- 010 - 032020 -5604 -049, Fire Programs. If you have any questions or need additional information regarding this request, please do not hesitate to contact me so I may further discuss this with you. DDL:msn CC: file C.S, ��aolt6 Office (540) 665 -5618 dlinabu32 cva.us Fax (540) 678 -4739 Dennis D. Linaburg Fire Chief COUNTY OF FREDERICK, VIRGINIA MEMORANDUM TO: Cheryl Shiffler, Director Finance Department FROM: Dennis D. Linaburg, Chief Fire and Rescue Department SUBJECT: Request for Supplemental Appropriation DATE: October 31, 2016 F1RE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 r ���}b Attached please find a copy of Check No. 229984 received in the amount of .40 for the auto claim dated September 17, 2016 involving Travis Orrison. This amount represents the appraiser's estimate minus the $500 deductible. The actual invoice for repairs will be paid through our line item 3505 - 3004 -002 Repair and Maintenance — Vehicles. At this time, I am requesting a supplemental appropriation in the amount of $5,596.40 to our Repair and Maintenance — Vehicles line item for the repairs to the department's 2014 Chevy Tahoe. If you have any.questions or need additional information, please do not hesitate to contact me. /attachments DDL:mhn C.S. ►a�i9�� Office (540) 665 -5618 dlinabu33fcva.us Fax (540) 678 -4739 October 6th, 2016 lrederick County Attention: Jennifer Place 107 North Kent Street Winchester, VA 22601 FREDERICK CQU_T N p acr � � zois �iNANCE bEPARiNrENT Virginia Assaciatian of Counties Group Self - Insurance :Risk Pool Participant: Frederick County Claim Number: 0342016165720 Date of Loss: 9/17/2016 Dear Jennifer Place Enclosed please find VACORP property damage check in the amount of $5,096.40 tv cover the repair cost to the 2014 Chevrolet Tahoe. This amount was determined by S &S Appraisal. The estimate came to $5,096.40 after the $500.00 policy deductible was applied. If you should have any questions regarding this payment, please do not hesitate to contact our office. Sincerely, f �� Jason Pierce Claims Associate Enclosure check 34 F�r,�. �; 4 �� ����:,. VACORP 1315 Fronkfin Rood, SW Roonoko, Virginia 24016 540.345.850 toYtree 888,822.6772 tax 540.345.5330 mn6ee 817212.8599 Dennis D. Linaburg Fire Chief COUNTY OF FREDERICK. VIR(rINIA MEMORANDUM TO: Cheryl Shiffler, Director Finance Department FROM: Dennis D. Linaburg, Chief Fire and Rescue Departmen SUBJECT: Request for Supplemental Appropriation DATE: November 15; 2016 FIRE AND RESCUE DEPARTMENT 1080 Coverstone Drive Winchester, VA 22602 I' �RFp R �� �k ��`�.. rv��V �, ? Zo,s FrN��F'°ART�yF �... NT Our Department has been awarded a Local Emergency Management Performance Grant to purchase Crisis Track to assist with damage assessments in real time and an iFlow to be placed along Back Creek for monitoring. The total purchase price for these items will be $16,297.00, with a state reimbursement of $32,594.00, which includes the Deputy Emergency Management Coordinator's salary. Total Request: $16,297.00 At this time, I am requesting $5,800 be placed into line item 4- 010 - 035050 - 5401 -000, Office Supplies, and $10,497.00 to be placed into line item 4- 010 - 035050- 8009 -000, Miscellaneous Equipment. If you have any questions or need additional information regarding this request, please do not hesitate to contact me so I may further discuss this will you. DDL:msn CC: file 3- 010 - 024040 -0026 (1075) Office (540) 665 -5618 dlinabu�fcva.us Fax (S40) 678 -4739 �� Virginia Department of Emergency �/'1�� Management r 10501 Trade Court �F+c � „,� Richmond, VA 23236 �� SUBRECIPIENT NAME AND ADDRESS: 'rederick County 07 N. Kent Street Vinchester, VA 22601 SUBRECIPIENT DUNS Number: GRANT AGREEMENT 4. SUBAWARD DATE: November 8, 2016 Page 1 of 3 5. PROJECT PERIOD: FROM 07/01/2016 TO 06/30/2017 BUDGET PERIOD: FROM 07!01/2016 TO 06/30/2017 6. TOTAL AMOUNT OF THIS SUBAWARD $32,594.00 7. FEDERAL AMOUNT OF THIS SUBAWARD $16,297.00 142844365 8. SUBRECIPIENT NON - FEDERAL COST SHARE SUBRECIPIENT EIN: REQUIREMENT $16,297.00 54001290 9. INDIRECT COST RATE (If applicable): NIA PASS - THROUGH ENTITY: Virginia Department of Emergency Management SUBAWARD NAME: FY 2016 Local Emergency Management Pertormance Grant CFDA: 97.042 - Emergency Management Performance Grant (EMPG) Program U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 0. STANDARD TERMS AND CONDITIONS &SPECIAL CONDITIONS 'he above subaward is approved subject to the FY 2016 Department of Homeland Security (DHS) Standard Terms and ;onditions and VDEM Special Conditions as set forth on the attached pages. 11. STATUTORY AUTHORITY FOR GRANT The project is supported under The Robert T. Stafford Disaster Relief and Emergency Assistance act (Public Law 93 -288). 2. METHOD OF PAYMENT :ommonwealth of Virginia Cardinal Accounting System AGENCY APPROVAL 3. TYPED NAME AND TITLE OF APPROVING VDEM OFFICIAL Jeffrey D. Stern Ph.D. State Coordinator 5. SIGNAT�F APP�R10VJ�G VDE d��Fl SUBRECIPIENT ACCEPTANCE 14. TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Brenda Garton County Administrator 16. SIGNATURE OF AUTH RIZED SUBRECIPIENT OFFICIAL /�9y�t� DATE �� ��t/ -U • � ” " / `� 36 Virginia Department of �'� Emergency Management m GRANT AGREEMENT ��" 10501 Trade Court Page 2 of 3 Richmond, VA 23236 Subaward Name: FY 2016 Local Emergency Management Performance Grant Subaward Date: November 8, 2016 SPECIAL CONDITIONS 1 The Subrecipient shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200., and adopted by DH5 at 2 CFR Part 3002 and the Department of Homeland Security FY 2016 Emergency Management Performance Grant Program Notice of Funding Opportunity N( OFO). 2. The Subrecipient agrees to permit the pass- through entity and auditors to have access to its records and financial statements as necessary for the pass- through entity to meet the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 CFR Part 200. 3. The Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 4. The Subrecipient shall comply with the indirect costs provisions of 2 CFR, 200.414. With the exception of subrecipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), subrecipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this subaward. 5. In the event VDEM determines that changes are necessary to the award document after an award has been made, including changes to the period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Subrecipient acceptance of the changes to the award. 6. subrecipients proposing projects that have the potential to impact the environment, including but not limited to the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA Environmental Planning and Historic Preservation (EHP) review process. subrecipients must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground- disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the Subrecipient will immediately cease construction in that area and notify FEMA and the State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in anon- compliance finding and will not be eligible for FEMA funding. � 7. The Subrecipient agrees that federal funds under this award will be used to supplement, not supplant, � state or local funds for emergency preparedness. "Working to Protect People, Perty and Dur Communities" �r �'`+'� Virginia Department of Emergency Management � 10501 Trade Court Richmond, VA 23236 GRANT AGREEMENT I Page 3 of 3 Subaward Name: FY 2016 Local Emergency Management Performance Grant Subaward Date: November 8, 2016 8. The Subrecipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." 9. The Subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 10. The Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11 The Subrecipient must submit a Quarterly Progress Report for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Reports are due within fifteen (15) days following the end of the quarter. A Final Progress Report is due thirty (30) days after the end date of the performance period. Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure and prevent future awards to the Subrecipient. 12. National Incident Management System (NIMS) Implementation Compliance In accordance with HSPD -5, the adoption of the NIMS is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. No federal funds will be released to the primary grantee and any other entity participating and benefiting in this project if this requirement has not been met. In the event of a Corrective Action Plan submitted, VDEM /SAA will determine if the Subrecipient has made sufficient progress to disburse funds. 13. All conferences and workshops using federal preparedness funds must pertain to the project being funded. The Subrecipient agrees to submit a Trip Report when using federal funds to attend a conference or workshop. The Trip Report template can be found at www.vaemergenc� ❑ov under Grant Information. These reports must be remitted with your request for reimbursement. Failure to do so will result in a delay of payment until received. 14. The Subrecipient agrees that under program guidelines, travel expenses are allowable for approved training, planning, administrative, and exercise activities following local, state, and federal guidelines. Prior to traveling for these activities outside of contiguous United States (OCONUS) as well as to Canada and Mexico, oreapproval is required by the state and FEMA through the SAA office. Please reference 2 CFR 200.403, in regard to reasonableness when considering requests for travel of this type. Where applicable, you should also reference the following regarding travel: the Western Hemisphere Travel Initiative (htto: / /www.dhs.00v /files /Programs /gc_ 12006935797' �. "Working to Protect People, Perty and Our Communities" �� The FY 2016 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded in FY 2016. The terms and conditions of DHS financial assistance awards flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. All recipients, sub - recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff, 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5, If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Lib (CRCL) by e -mail at crcltia�hg.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by a -mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Activities Conducted Abroad Age Discrimination Act of 1975 Americans with Disabilities Act of 1990 DHS Standard Terms &Conditions: All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code � 6101 et serf 1, which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. All recipients must comply with the requirements of Titles I, I I, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. && 39 Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically- available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Y�rivacy Guidance and Privacv template respectively. Civil Rights Act of 1964 –Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sen.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F. R.. Part and _ Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of ,which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex U.S.C. § 3601 et sea.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units —i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201). Copyright All recipients must affix the applicable copyright notices of ; U.S.C. &� 401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Debarment and Suspension All recipients are subject to the non - procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. � 701 et se;;.), which requires all organizations receiving grants from any Federal agency agree to maintain adrug- free workplace. DHS has adopted the Act's implementing regulations at ' C.F.R Part 3001. Duplication of Benefits Any cost allocable to a particular Federal award provided for in . 200. Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. DHS Standard Terms &Conditions: i� Education Amendments of 1972 Equal Opportunity in Education Act)- Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 [20 U.S.C. � 1681 etseq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. ,t�6201 which contain policies relating to energy efficiency that is defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 372''- 3733 which prohibits the submission of false or fraudulent claims for payment to the Federal Government. See 31 U.S.C. 3801 -3812 which details the administrative remedies for false claims and statements made. Federal Debt Status All recipients are required to be non - delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129. Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 4��,=;, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. ,§ 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the lntemationa! Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. � 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hote! and Mote! Fire Safety Act of 1990, 15 U.S.C. � 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225. Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title Vl of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance htt s: //www.dhs. ov/ uidance- ublished -hel -de artment- supported- organizations- ❑rovide- meaningful- access- people - limited and additional resources on htto: /Mrww.leLoov. DHS Standard Terms &Conditions: 41 �� �� Lobbying Prohibitions All recipients must comply with 31 U.S.C. � 135'= ,which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Non - supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - Federal sources. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the DHS Standard Terms &Conditions: Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh -Dole Act, Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recove,�r Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Append; ,the full text of which is incorporated here by reference in the terms and conditions of your award. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist Financing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Acf of 2000, (TVPA) as amended (22 U.S.C. � 7104). The award term is located at 2 CFR § 175.15, the full text of which is incorporated here by reference in the terms and conditions of your award. Rehabilitation Act of 7973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.. � 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. DHS Standard Terms &Conditions: Reporting of Matters Related to Recipient If the total value of your currently active grants, cooperative agreements, Integrity and Performance and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Pertormance Matters located at 2 C.F.R. Part 200. Append. ,the full text of which is incorporated here by reference in the terms and conditions of your award. All recipients are required to comply with the requirements set forth in Universal Identifier and System of Award Management (SAM) the government -wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25. AoRendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America�Providinp Appropriate Tools Repuired to Intercept and Obstruct Terrorism Act [USA PATRIOT Act), which amends 18 U.S.C. �§ 175 -175c. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including the use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 2324, 41 U.S.C. �§ 4304 and 4310. DHS Standard Terms &Conditions: 43 COMMONWEALTH OF VIRGINIA Y ' �,� , i Virginia Department of Emergency Management 10501 Trade Court, Richmond, VA 23236 i �. GRANT ADJUSTMENT NOTICE 1. SUBGRANTEE NAME AND ADDRESS (INCLUDING ZIP CODE) 4. GRANT NUMBER Frederick County 7226 1080 Coverstone Drive Winchester, VA 22602 5. ADJUSTMENT NUMBER 1 2. GRANTEE FIN NUM13ER 546001426 L. DATE November 8, 2016 3. PROJECT TITLE FY2016 Local Emergency Management Pertormance Grant 7. GRANT ADMINISTRATOR Kerry Stuver 5ECTION I. CURRENT GRANT INFORMATION 8. CURRENT GRANT AMOUNT 9. CURRENT PERFORMANCE PERIOD $16,297.00 7!1!16 - 6130/17 SECTION II. DEOBLIGATION5 8 REOBLIGATIONS 10. DEOBLIGATION / REOBLIGATION AMOUNT 11. ADJUSTED AWARD AMOUNT SECTION II. CHANGES 12. CHANGE GRANT MANAGER FROM TO 13. CHANGE GRANT PERIOD FROM TO SECTION III. IMPORTANT INFORMATION 14. Per the Environmental and Historical Preservation (EHP) requirements for this grant program, $10,497 of the project in on hold pending the EHP Review and Approval of the Specialized Hazard Detection Equipment that requires installation. No obligations or encumbrances for this equipment shall be made until VDEM receives approval for the flem(s}. Following the EHP approval, an additional Grant Adjustment Nofice will be issued to release the funds for your County. The sub - grantee is reminded to submit all program�nancial status reporis to faalitate the drawdown of funds. 15. TYPED NAME OF DESIGNATED OFFICIAL 16. SIGNATURE OF DESIGNATED OFFICIAL Cheryl J. Lee � � VDEM Grants Director ���'�; ii ���j�1 &16 y>;8,� ,r ~�, 9�,�`t ... j'�o �� fir; , Department of Juvenile Justice ' � ����ti� ��� ,,p�� October 3, 2016 Peter Roussos, VJCCCA Plan Contact `( 6 CSU Director ���� 26 Rouss Ave. Winchester, VA 22601 Dear Mr. Roussos: The VJCCCA FY16 end of the year financial certification form for your locality has been received and the expenditure report has been reviewed. According to the report, Frederick /Winchester /Clarke expended $99,094.24 of its total approved budget of $128,358.00. The breakdown of funds expended is as follows: Required Maintenance of Effort: $0.00 State Funds Expended: $99,094.24 Optional Local Funds: $0.00 TOTAL EXPENDITURES: $99,094.24 State Funds Provided to the Locality: $128,358.00 - $99,094.24 OWED TO THE STATE: $29,263.76 State funds in the amount of $128,358.00 were provided to the locality. Because the state funds were not totally expended, we request that the balance of $29,263.76 be returned to the state. Please make your check payable to Treasurer, Commonwealth of Virginia and mail it to: Department of Juvenile Justice c/o Petty Cash Cashier PO Box 1110 Richmond, VA 23218 -1110 Additional funds for FY17 may not be released to your locality until the FY16 expended funds are returned. We thank you for the prompt report and all that your locality does for its youth and families before the Court Service Unit. in r ly, r _ ����� Beth Mohler Stinnett �- ��� VJCCCA Program Manager cc: David L. Ash, County Administrator — Clarke County Eden Freeman, City Manager —City of Winchester Brenda Garton, County Administrator — Frederick County Dee Kirk, Region Program Manager 45 MEMORANDUM TO: Sharon Kibler FROM: Steve Frye, Landfill Manager THROUGH: Harvey E_ Strawsnyder, Director of Public Works SUBJECT: Auto Claim Reimbursement Funds Allocation DATE: December 14, 2016 We received a check in the amount of $3049.96 for an auto claim dated November 16, 2016. This was to repair the 2012 Ford F -250, Claim# 169544. The amount represents the vehicle appraisal minus the $500 deductible. We would like to request the funds be appropriated to line item 12- 4204 - 3004 -02 in which we will use to repair the vehicle. Please feel free to call or contact me if you have any further questions or concerns regarding this matter. Sincerely, Steve Frye 540 - 665 -5658 Sfr�(c�fcva.us bin 12U9 - 3- 012 - 01899 -0001 C.S. � � December 7, 2016 Frederick County Attention: Jennifer Place 107 North Kent Street Winchester, VA. 22601 �x:�� ��7t_.t:rr�t ���u �C� CGt�h,1'�y ��d�i � � 2di5 �� #�.� �.�nfn� rr� � Wes;.- � <�,.� �,:�:� „�.n�;� � `�' ;��� =���, �_ _ �. Virginia Association of Counties Self - Insurance Risk Pool Member: Frederick County Claim Number: 0342016169544 Date of Loss: 11/16/2016 Dear Ms. Place: Enclosed please find VACoRP property damage check in the amount of $3,049.96 to cover the damage of the 2012 Ford F -250 Pick -up XL that was damaged on 1111612016. This amount was determined by the S &S Appraisal Services, LLC estimate of $3,549.96 after the $500.00 policy deductible was applied. Sincerely, �rO�''''` '�- Jared Mullen Claims Specialist Enclosure: Check, estimate 47 �. }: ��Y.y .,: �- "� �t;z� �,� s�£i ���, T � � 1315 Fraakin Road, 5W Roanoke, Virginia 24016 540.345.8500 tolf free $88.822.6772 fix 540.345.5330 roll free 877.212.8599 Budget Worksession December 21, 2018 1. Discussion with the Commissioner of the Revenue on Reassessment. Pg. 50. 2. Proposed Budget Calendar (includes Reassessment deadlines) Pg. 51. 3. General Fund Expenditure Budget Summary. Pg. 52 - 66. 4. New Position Requests. Pg. 67 - 69. 5. Capital Request Summary. Pg. 70 - 73. 6. Budget Summary —Other Funds. Pg. 74. 7. Other .- Sharon Kibler From: Cheryl Shiffler Sent: Wednesday, December 14, 2016 2:14 PM To: Sharon Kibler Subject: FW: Real Estate numbers for 2017 Attachments: 2017 _Reassessment_Local_Report_2_EM (2).xlsx Importance: High From: Ellen Murphy Sent: Wednesday, December 14, 2016 12:28 PM To: Cheryl Shiffler Subject: Real Estate numbers for 2017 Importance: High The attached Excel sheet shows 2017 Reassessment /Real Estate Revenue estimate for 2017 and reflects the current tax rate of $0.60 per $100. —The Board of Equalization will not meet until late January or early February 2017 and may impact this slightly. There will also be on -going adjustments such as increases for 2017 supplements and possible other appeals or abatements but we do not expect anything at this time that will make a significant difference. This has been run numerous times to ascertain accuracy. Please let me know if you need anything else. I will be at the Finance meeting should anyone have questions. Ellen - ,. Commissioner of the Revenue Frederick County, Virginia Phone (540) 665 -5681 Fax (540) 667 -6487 emurphy @fcva.us i 49 Frederick County Reassessment For 2017 TAXABLE 2017 EST BOOK VS Prior Values TAXABLE 2016 ACTUAL BOOK 1 $ 34,940,600 8.70% up 1 $ 32,144,500 2 $ 6,906,229,400 11.44% up 2 $ 6,197,283,200 3 $ 80,463,600 4.27% up 3 $ 77,170,000 4 $ 1,823,150,300 4.90% up 4 $ 1,738,044,000 5 $ 573,722,900 4.56% up 5 $ 548,685,900 6 $ 400,241,300 1.91% up 6 $ 392,753,000 Less 2016 Land Use Value $ (473,915,217) 0.00% $ (473,915,217) Subtotal $ 9,344,832,883 9.78% $ 8,512,165,383 Less New Construction Value $ (112,064,100) Total $ 9,232,768,783 8.47% UP Total $ 8,512,165,383 TAX @ $0.60/$100 $ 55,396,612.70 8.47% TAX @ $0.60/$100 $ 51,072,992.30 REVENUE $ 55, 396, 612.70 8.47% UP $ 51, 072, 992.30 2017 REASSESSMENT SHOWS A REVENUE INCREASE OF 8.47% ESTIMATED REVENUE INCREASE IN TAX DOLLARS AT 2016 TAX RATE: $ 4,323,620.40 Notes: Land Use is estimated at 2016 values Actual Land Use values for 2017 have not been finaliezed, and may be slightly higher because of new applicants although agricultural per acre values will be down from 2016 due to crop issues. Tax on new construction (value deducted above) would be $672,385 in addition to other taxes shown - amounts shown are reduced by new construction because advertisement for increase does NOT include new construction by state code FYI - Exempt properties increased in value for the most part due to an increase in commercial Construction rates and reported costs of actual construction Totals above do NOT include exempt property values. COR 12/14/2016 2017 _Reassessment��al_Report_2_EM (2) 2:18 PM Page 1 Budget Calendar FY 2017 -2018 December 21, 2016 Finance Committee Meeting. Preliminary Budget newspaper March 22, 2017 FY 2017 — 2018 Budget Public Hearing April 12, 2017 FY 2017 — 2018 Budget Adoption May -July, 2017 Preparation of Adopted Budget Document and submission of budget for award July 1, 2017 Implementation of Fiscal Year 2017 — 2018 *Dates in red are regularly scheduled Finance Committee meetings 51 and Reassessment discussions. Discuss Public Hearing requirements and seek direction on Scenario discussions. December 2016 — County Administrator budget meetings with January 2017 Departments January 18, 2017 Finance Committee /Budget Worksession. Discussion on what to advertise for Reassessment Public Hearing. January 25, 2017 Joint budget meeting with School Board and Board of Supervisors; School Board presents School Board budget to Board of Supervisors February 1, 2017 Board of Supervisors Budget Worksession. Final Discussion on what to advertise for Reassessment. February 4, 2017 Reassessment Advertisement in newspaper. February 8, 2017 Board of Supervisors Budget Worksession February 21, 2017 School Board budget public hearing February 22, 2017 Board of Supervisors Budget Worksession March 1, 2017 Board of Supervisors Budget Worksession March 8, 2017 Budget Worksession —Final Worksession before budget advertisement. * Public Hearing on Reassessment. March 13, 2017 Budget Public Hearing Advertisement in newspaper March 22, 2017 FY 2017 — 2018 Budget Public Hearing April 12, 2017 FY 2017 — 2018 Budget Adoption May -July, 2017 Preparation of Adopted Budget Document and submission of budget for award July 1, 2017 Implementation of Fiscal Year 2017 — 2018 *Dates in red are regularly scheduled Finance Committee meetings 51 FY 2017 -2018 BUDGET SUMMARY - GENERAL FUND Dept Code Department Board of Supervisors 2016 -2017 Original Budget 276,084 2017 -2018 Proposed Budget 317,115 Difference % Change Bud�etChan�es Salaries and Fringes Increase (Decrease) 1101 41,031 14.86% 22,716 includes add'I P/T receptionist for lobby &Committee Members pay increases Professional Services 5,250 Repair &Maintenance - Equipment (250) Maintenance Service Contracts (50) Advertising 2,600 Central Stores - Copies 1,000 Office Supplies (1,000) Other Operating Supplies 2,000 Travel 3,265 Social Media archiving component for FOIA tracking system 5,500 1201 County Administrator 783,119 834,158 51,039 6.52% Salaries and Fringes 48,514 Professional Services (8,000) Surety Bonds 25 Office Supplies 500 Travel 8,000 Dues and Assoc. Memberships 2,000 1202 County Attorney 369,483 381,717 12,234 3.31% Salaries and Fringes 13,609 includes $1,632 to reclassify Legal Secretary to Senior Legal Secretary Professional Services 150 Printing and Binding 50 Office Supplies (2,125) Other Operating Supplies 100 Travel 150 Dues &Assoc. Memberships 300 1203 Human Resources 512,719 561,681 48,962 9.55% Salaries and Fringes - inc. $6,000 education /tuition ass. 35,939 Professional Services -Other (93) Other Contractual Services - Training 12,000 Office Supplies (3,000) 52 I�i7 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Books and Subscriptions Decrease 538 Other Operating Supplies 2,129 Travel 500 Dues &Assoc. Memberships 849 Lease /Rent of Equipment 100 1208 Independent Auditor 66,000 66,000 0 0.00% 1209 Commissioner of Revenue 1,319,548 1,388,703 69,155 5.24% Salaries and Fringes - includes $33,160 salary adjustments 72,155 for 11 employees (w /fringes) Repair &Maintenance - Equipment (100) Printing and Binding 700 Other Contractual Services (3,000) Gasoline (200) Postage and Telephone (2,000) Motor Vehicle Insurance 700 Office Supplies 800 Books and Subscriptions 100 Travel 100 Dues &Assoc. Memberships (100) 1210 Reassessment 335,915 334,863 (1,052) - 0.31% Salaries and Fringes - includes $2,812 salary adjustment (1,452) for 1 employee ($3,397 w /fringes) Repair &Maintenance - Vehicle (800) Maintenance Service Contracts 3,000 Printing and Binding (1,000) Other Contractual Services 200 Gasoline 400 Postage and Telephone (8,000) Motor Vehicle Insurance (100) Office Supplies (1,700) Books &Subscriptions (100) IT Equipment 8,500 1213 Treasurer 1,300,085 1,383,966 83,881 6.45% Salaries and Fringes 80,487 INCLUDES 2 NEW CASHIERS -MID -YEAR HIRE $54,451 I�i7 �� 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Prof. Services - DMV Stops Decrease (4,500) Repair &Maintenance - Equipment (500) Advertising 1,000 Postage &Telephone 5,000 Surety Bonds (6) Office Supplies 2,000 Books and Subscriptions 200 Dues &Assoc. Memberships 200 1214 Finance 819,236 877,286 58,050 7.09% Salaries and Fringes 24,875 Central Stores - Copies 1,000 Postage and Telephone (300) Surety Bonds (25) Office Supplies - includes scanner replacement 6,000 Dues and Assoc. Memberships (500) IT Equipment - OpenGov software 27,000 1220 Information Technology 1,259,830 1,658,898 399,068 31.68% Salaries and Fringes - includes $7,350 education /tuition ass. 48,166 Professional Services (28,450) Repair &Maintenance -GIS Equip. (1,000) Repair &Maintenance - Network Equipment (6,000) Maintenance Service Contracts 95,520 Maintenance Service Contracts -GIS (132,100) Printing and Binding (480) Other Contractual Services - Microsoft Office365 160,000 Gasoline 350 Postage and Telephone 7,150 Internet Access 10,000 Office Supplies 7,000 Office Supplies -GIS 1,360 Office Supplies - Refresh Program Total = $65,000 10,514 Books and Subscriptions - Network (250) Other Operating Supplies -GIS (12,200) Other Operating Supplies - Network 800 Travel 12,990 Dues &Assoc. Memberships (700) IT Equipmer' 118,604 Lease /Rent of Equipment -Data Center Refresh lease 107,794 �� ��H 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Decrease 1222 M. I. S. 614,890 602,045 (12,845) - 2.09% Salaries and Fringes 16,612 Maintenance Service Contracts (9,727) Central Stores - Copies 50 Postage and Telephone (3,900) Internet Access (11,880) Office Supplies (4,000) 1224 Other 2,575,442 3,086,767 511,325 19.85% Professional Services - Lobbying 14,000 Maintenance Service Contracts (750) Other Contractual Services -Lease for employee parking 5,376 Fire Insurance 2,000 General Liability Insurance 5,000 Line of Duty - possible increase in premium 2,000 Other Expenses - Includes retiree health insurance expense 23,000 Blue Ridge Legal Services -NEW REQUEST 5,547 MPO (1,500) Bluemont Concert Series -NEW REQUEST 8,000 CLEAN, Inc. - increase in contribution request 5,000 Airport Operating Contribution -Total = $129,897 10,161 CSA Fund transfer -Total = $1,691,949 428,491 Our Health - increase in contribution request 5,000 FY 2018 request is $25,000; rent = $26,265 1301 Electoral Board 125,427 117,153 (8,274) - 6.60% Salaries and Fringes - increase in Election Officials 1,102 Repair &Maintenance - Equipment -old machines (5,000) Maintenance Service Contracts (22,000) Other Contractual Services 17,560 Postage &Telephone (780) Office Supplies 814 Dues &Assoc. Memberships 30 1302 Registrar 181,083 209,863 28,780 15.89% Salaries and Fringes - includes $22,004 salary supplement 28,280 request for Registrar Postage and Telephone 500 ��H �� 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Decrease 2101 Circuit Court 65,500 71,500 6,000 9.16% Increase in payment to City of Winchester 6,000 2102 General District Court 21,053 49,991 28,938 137.45% Requested supplements to staff salaries: 11 employees x 28,446 $2,400 yearly supplement each = $26,400 Office Supplies 492 2105 J & D Court 25,563 48,183 22,620 88.49% Requested supplements to staff salaries: 9 employees x 23,252 $2,400 yearly supplement each = $21,600 Other Contractual Services (632) 2106 Clerk of Circuit Court 771,869 813,805 41,936 5.43% Salaries and Fringes 37,766 Supreme Court TTF Grant 4,170 2108 Law Library 12,000 12,000 0 0.00% 2201 Commonwealth Attorney 1,456,539 1,484,818 28,279 1.94% Salaries and Fringes - includes $3,203 increase for Legal 33,279 Secretary & $2,369 increase for Secretary; includes $3,500 education /tuition assistance Professional Services (1,000) Maintenance Service Contracts 3,500 Gasoline (200) Postage and Telephone (1,000) Uniforms (300) Books and Subscriptions (3,500) Other Operating Supplies (1,000) Travel 2,000 Travel - Witnesses (2,000) Dues &Assoc. Memberships (1,500) 2202 Victim Witness 135,053 220,504 85,451 63.27% Salaries and Fringes - inc. new Secretary hired 10/2016 62,218 Postage and Telephone 500 Office supplies 19,038 Travel 3,520 �� Dept Code Department 2016 -2017 Original Budget 2017 -2018 Proposed Budget Difference % Change Bud�etChan�es Dues and Assoc. Memberships Increase Decrease 175 3102 Sheriff 12,347,963 15,336,860 2,988,897 24.21% Salaries and Fringes 1,274,030 11 NEW DEPUTIES & 1 NEW INVESTIGATOR = $688,895 O/T increase of $217,744, total O/T = $607,000 Professional Health Serv. Includes $6,120 for new positions 2,550 Professional Services (500) Repair and Maintenance - Equipment 3,300 Repair and Maintenance - Vehicle 135,636 Maintenance Service Contracts (inc. Taser plan) 43,694 Printing and Binding 414 Laundry &Dry Cleaning -Honor Guard uniforms 250 Other Contractual Services - includes training academy 2,088 Gasoline (32,423) Postage and Telephone 6,252 Fire Insurance 83 Auto Insurance 20,730 Surety Bonds 5 Office Supplies - includes 42 computer replacements 146,573 Dog Food /K -9 Maintenance 4,720 Medical &Lab Supplies (200) Vehicle and Powered Equipment - includes equip. for 12 new 304,612 units $134,076 & 19 replacement vehicles $212,287 Police Supplies - includes Taser equipment; supplies 58,942 for new positions /vehicles $27,912 Police Supplies -Dive Team (1,188) Police Supplies - E- Summons 25,000 Police Supplies - ERT /Search and Rescue 35,004 Uniforms - includes for 12 new positions $21,876 (3,351) Books and Subscriptions (687) Other Operating Supplies 1,368 Crime Prevention /Public Relations 500 Sheriff Abbott Grant 323 Travel - includes taser training for 12 new positions $14,400 22,620 Dues &Memberships (1,000) Machinery /Equip. - K9 replacement due to retirement /health 8,800 Motor Vehicles - 19 replacement, 12 new: 930,752 16 police interceptors - @ $28,800 = $460,800 14 police interceptor SUV's @ $31,318 = $438,452 �� :�l �, 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es 1 F150 Animal Control $31,500 Decrease 3202 Volunteer Fire Depts. 908,095 938,095 30,000 3.30% Fire Program 30,000 3203 Ambulance &Rescue 395,200 396,800 1,600 0.40% Lord Fairfax EMS Council - increase in request 1,600 3301 Public Safety Contributions 5,684,415 5,534,605 (149,810) - 2.64% NRADC Contribution -total = $5,258,365 (41,547) Juvenile Detention Center contribution = $276,240 (108,263) 3303 Juvenile Court Probation 149,555 159,211 9,656 6.46% Salaries and Fringes 9,656 3401 Inspections 1,195,978 1,347,379 151,401 12.66% Salaries and Fringes 115,235 INCLUDES 1 NEW INSPECTOR $73,908 Maintenance Service Contracts 1,950 Gasoline 1,490 Postage &Telephone 800 Motor Vehicle Insurance 1,100 Office Supplies 2,000 Uniforms 150 Books &Subscriptions 990 Travel 250 Dues &Assoc. Memberships 90 Motor Vehicles - 1 Pickup or SUV for replacement 28,000 Lease /Rent of Equipment (654) 3505 Fire and Rescue 10,402,352 16,713,447 6,311,095 60.67% Salaries and Fringes 2,149,993 INCLUDES 27 NEW FIREFIGHTERS, 2 TRAINING OFFICERS TOTALING $1,622,394 Overtime = $1,278,000, $73,469 over present level Career Dev. $33,966 increase, $2,500 education /tuition ass. Repair and Maintenance - Equip., includes LifePak maint. 75,850 Repair and Maintenance - Vehicle inc. new vehicle equip. 27,250 Maintenance Service Contracts 125 Other Contractual Services: physicals /tests new employees 13,400 :�l �, 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Postage and Telephone Decrease (7,048) Internet Access 9,828 Medical and Lab Supplies (10,963) Repair &Maintenance Supplies 5,500 Vehicle &Powered Equip. Supplies - includes equipment 134,400 for new vehicles Police Supplies 3,828 Uniforms - includes uniforms for new hires 226,529 Books and Subscriptions 2,500 Other Operating Supplies -10 treadmills, SCBA cylinder 95,987 replacement, equip. for new FM's, LEMPG Grant Travel 2,416 Haz Mat Response Unit - Virginia HAZMAT Grant 55,000 Radio Equipment - includes equip. for new vehicles 38,500 Motor Vehicles 401,000 1 2017 Chevrolet Tahoe 4WD - (BATT 10 -2) $37,000 1 2017 Ford F250 4WD (Replace FM10 -6) - $31,000 1 2017 Ford F150 SuperCrew Cab 4WD (New FMs) - $34,OOC 1 2017 Chevrolet Tahoe 4WD - (Replace TR 10) $37,000 1 2017 Ford F250 Crew Cab 4WD (New TR) - $31,000 1 2017 Ford F250 4WD (Replacement TR10 -1) - $31,000 Replacement of Engine 10 (Used) - $200,000 Miscellaneous Equipment 3,087,000 2 Thermal Imaging Cameras $16,000 SCBA Grant (AFG up to $1 million) $3,000,000 BullEx Bullseye System $11,000 Hydraulic Extraction Equipment $60,000 3506 Public Safety Comm. 1,409,021 1,471,964 62,943 4.47% Salaries and Fringes 33,278 Maintenance Service Contracts 19,303 Contractual Services 454 Internet Access 358 Other Operating Supplies 2,000 Travel 2,940 IT Equipment -Vesta 911 Equipment SMS, 5 yr ITS service, 70,000 TXT 2 911 recurringe fee &related services &installation Lease /Rent of Equipment (65,390) • �� 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Road Administration Budget 28,500 Budget 18,500 Difference (10,000) Change - 35.09% Bud�etChan�es Decrease (10,000) 4102 4104 Street Lights 43,200 38,160 (5,040) - 11.67% Reduction in expenditures /revenues (5,040) 4201 General Engineering 386,747 434,806 48,059 12.43% Salaries and Fringes 17,182 Maintenance Service Contracts 297 Postage &Telephone 280 Motor Vehicle Insurance 300 Motor Vehicles - 1 Pickup Replacement 30,000 4203 Refuse Collection 1,376,967 1,416,512 39,545 2.87% Salaries and Fringes 19,554 Repair &Maintenance - Vehicle 200 Repair &Maintenance -Bldg. &Grounds (54,900) Maintenance Service Contracts 250 Printing and Binding 655 Other Contractual Services - Hauling contract - 3.8% 45,024 anticipated increase Gasoline (336) Electrical Services 3,276 Postage and Telephone 264 Property Insurance 550 Motor Vehicle Insurance 100 Office Supplies (350) Laundry Supplies (409) Repair &Maintenance Supplies (475) Vehicle &Powered Equipment Supplies 200 Vehicle Fuels and Lubricants (44) Other Operating Supplies 6,366 Travel 800 Dues &Assoc. Memberships 20 Construction Equipment: 1 packer & 1 recycling container 18,800 t 4204 Refuse Disposal 569,160 589,464 20,304 3.57% Based on FY 2016 average for refuse disposal plus a factor 20,304 for rate increase, population, and waste increases of 6% • �� 61 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Litter Control Budget 24,387 Budget 31,017 Difference 6,630 Change 27.19% Bud�etChan�es Salaries and Fringes (P /T) Decrease 7,195 4205 Repair &Maintenance - Vehicle (300) Gasoline 275 Postage and Telephone (100) Motor Vehicle Insurance (390) Vehicle and Powered Equipment Supplies (100) Educational Supplies 50 4301 Maintenance 611,857 671,749 59,892 9.79% Salaries and Fringes 26,492 Central Stores - Copies (250) Gasoline (1,000) Postage and Telephone (500) Motor Vehicle Insurance 150 Motor Vehicle - 1 Pickup Replae��7i�nt 35,000 4304 County Office Buildings 1,190,578 1,427,918 237,340 19.93% Professional Services (7,560) Repair &Maintenance - Equipment -CAB 1,500 Repair &Maintenance -Bldg. &Grounds -CAB &Courthouse 113,500 includes carpet replacement in Social Services Repair &Maintenance -Bldg. &Grounds - Millwood 1,500 Maintenance Service Contracts - Millwood (4,000) Printing and Binding -CAB (150) Printing and Binding -PSB (150) Other Contractual Services - Millwood 500 Materials and Supplies -PSB (2,000) Materials and Supplies - Bowman Library (500) Office Supplies -CAB (1,000) Agricultural Supplies -CAB (400) Agricultural Supplies -PSB (400) Repair & Maint. Supplies -CAB (1,000) Repair & Maint. Supplies -PSB (2,000) Powered Equipment Supplies -PSB (500) County Share - JJC -Total = $500,000 100,000 Machinery &Equipment -Heat Pump Replacement 2nd & 40,000 3rd floors -South Building 4305 Animal Shelter 621,991 665,698 43,707 7.03% Salaries and Fringes 29,287 61 62 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Professional Health Services Decrease 10,750 Professional Services -Other 210 Repair &Maintenance - Equipment 2,100 Other Contractual Services 560 Motor Vehicle Insurance 100 Office Supplies 200 Medical &Lab Supplies 2,000 Laundry Supplies (3,700) Repair &Maintenance Supplies 1,200 Other Operating Supplies 1,000 5101 Health Department 393,867 398,774 4,907 1.25% Increase in contribution request 4,907 5205 Northwestern Comm. Serv. 343,440 377,784 34,344 10.00% Increase in contribution request 34,344 5305 Area Agency on Aging 63,000 65,000 2,000 3.17% Increase in contribution request 2,000 5306 Property Tax Relief 520,000 540,000 20,000 3.85% 20,000 5316 Social Services Admin. 5,357,062 5,608,041 250,979 4.69% Salaries and Fringes 185,479 INCLUDES NEW POSITION $53,424 Advertising 1,000 Insurance 3,500 Training 2,000 Travel 1,000 Contribution -The Laurel Center - increase in request 2,000 Dues &Assoc. Memberships 1,000 Motor Vehicles - replacement vehicle 25,000 Lease /Rent of Building 30,000 5317 Public Assistance 2,023,552 2,190,967 167,415 8.27% AFDC - Foster Care 200,000 Adoption Subsidy 20,000 Fostering Futures IVE FC 10,000 Special Needs Adoption (100,000) 62 l�lr: 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Adoption Incentive Payment Decrease 3,000 Family Preservation 11,247 Adult Services 27,854 ILF Education &Training (3,100) Independent Living -Basic (1,586) Promoting Safe &Stable Families (2,000) VIEW Purchased Services 2,000 6401 Community College 78,819 76,320 (2,499) - 3.17% Decrease in contribution request (2,499) 7101 Parks Administration 707,341 1,927,658 1,220,317 172.52% Salaries &Fringes -4 positions relocated from 7103 & 7104 397,970 Professional Services (43,000) Maintenance Service Contracts 250 Postage 2,340 Telephone 1,767 Property Insurance -moved from 7103 156 Motor Vehicle Insurance -moved from 7103 14,850 Surety Bonds 12 Office Supplies 2,000 Books &Subscriptions 11 Other Operating Supplies 7,311 Travel (5,250) Youth Center 700 improvements - Snowden Bridge Construction $300,000 841,000 Abrams Creek Design and Easements $61,000 Indoor Aquatic Center Design $480,000 Lease /Rent of Equipment 200 7103 Parks Maintenance 1,062,790 0 (1,062,790) - 100.00% Split into other Parks departments (1,062,790) 7104 Recreation Centers 2,707,142 2,927,443 220,301 8.14% Salaries and Fringes 84,446 INCLUDES 1 NEW RECREATION TECHNICIAN $46,495 INCREASE IN P/T HELP $95,220; SUPT MOVED TO 7101 Printing and Binding 700 Contractual Services (13,492) Trips &Excursions 20,060 l�lr: •� 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Contracted Rental Decrease 18,195 Food Supplies 4,556 Medical and Lab. Supplies 106 Laundry /Janitorial Supplies 900 Uniforms 4,203 Educational & Rec. Supplies (3,112) Other Operating Supplies 11,544 Awards 5, 803 Treadmills - replace eight due to age 26,392 Motor Vehicles - Van to replace van and bus 60,000 7109 Clearbrook Park 388,922 1,464,354 1,075,432 276.52% Salaries and Fringes - 7 F/T positions moved from 7103 429,257 Repair &Maintenance - Equipment (8,193) Repair &Maintenance - Vehicle 5,964 Repair &Maintenance -Bldg. &Grounds (9,000) Other Contractual Services 34,800 Electrical Services 1,192 Heating Services 300 Fire Insurance 1,225 Agricultural Supplies 19,042 Laundry Supplies (944) Repair &Maintenance Supplies 8,420 Vehicle &Powered Equipment Supplies (3,178) Uniforms (2,280) Recreation Supplies 1,812 Other Operating Supplies (1,488) Road &Street Materials 3 Machinery &Equipment - Mower Z Turn $15,000 59,500 Tractor 50 HP 4 Wheel Drive $33,500 1 Work Carts to replace old golf cart $11,000 Motor Vehicles - 1 pickup truck to replace old truck 30,000 Improvements -Slide Spray Ground $312,000 509,000 Frederick Heights Trail /Parking $197,000 7110 Sherando Park 410,398 1,491,437 1,081,039 263.41% Salaries and Fringes - 6 F/T positions moved from 7103 362,226 Repair &Maintenance - Equipment (6,984) Repair &Maintenance -Bldg. &Grounds 8,250 Other Contractual Services 38,350 •� r� 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es Electrical Services Decrease 300 Heating Services (2,200) Water and Sewage Services (4,037) Fire Insurance 428 Agricultural Supplies 27,374 Laundry Supplies 4,883 Repair &Maintenance Supplies (16,326) Vehicle &Powered Equipment Supplies (530) Uniforms (3,280) Recreation Supplies 1,368 Other Operating Supplies 11,468 Road &Street Materials 886 Machinery &Equipment - Soccer Goals 2 pair $11,000 43,000 Utility work cart - diesel to replace pickup truck $12,000 Main pool circulation pump /motor $8,000 Infield Drag replacement $12,000 Motor Vehicles - Replacement pickup truck 30,000 Improvements -Rose Hill Playground $100,000 588,663 Slide Spray Ground $312,000 Sherando Construction Design for Area 4 $176,663 Lease /Rent of Equipment (2,800) 7302 Handley Library 942,357 1,087,901 145,544 15.44% Increase in contribution request 145,544 8101 Planning 1,076,086 1,132,823 56,737 5.27% Salaries and Fringes - includes $5,000 inc. for Zoning Insp. 27,601 Motor Vehicle Insurance 500 Office Supplies 3,436 Other Operating Supplies (1,500) Motor Vehicles - 4WD vehicle 26,700 8102 EDA Transfer -Fund 31 570,245 607,557 37,312 6.54% Salaries and Fringes - reduction in part -time; 57,609 INCLUDES NEW RESEARCH MANAGER POSITION $70,205 Professional Services - Website Development 2,000 Fire Insurance 1,800 Motor Vehicle Insurance 350 Crime Insurance (225) Public Officials Liability Insurance (350) r� Total General Fund 163,306,583 177,463,447 14,156,864 Capital Items Total $7,086,711 46 New Full -Time General Fund Positions - Total $2,539,567 • �, 2016 -2017 2017 -2018 Dept Original Proposed % Increase Code Department Budget Budget Difference Change Bud�etChan�es General Liability Insurance Decrease 300 Books and Subscriptions (9,372) Other Operating Supplies 2,000 8104 Zoning Board 6,368 6,013 (355) - 5.57% (355) 8106 Building Appeals Board 550 561 11 2.00% FICA budgeted 11 8107 NSVRC 45,915 70,351 24,436 53.22% Increase in request 24,436 8203 Soil /Water Conservation 7,000 11,250 4,250 60.71% Increase in contribution request 4,250 8301 Extensions 242,000 251,716 9,716 4.01% Salaries and Fringes 7,600 Professional Services -Other -Tech Agent Salaries 2,116 9201 School Transfers 91,010,648 91,010,648 0 0.00% COLA /Transfers /Debt Service 4,976,677 4,503,648 (473,029) - 9.50% (473,029) Total General Fund 163,306,583 177,463,447 14,156,864 Capital Items Total $7,086,711 46 New Full -Time General Fund Positions - Total $2,539,567 • �, FY 2017 -2018 NEW POSITION REQUESTS - GENERAL FUND Dept Code Department Treasurer New Position Plus Fringes 1 Cashier (mid -year hire) Amount 18,360 1213 1 Cashier (mid -year hire) 18,360 FICA 2,809 VRS 3,378 Health /Dental 10,780 Life 481 Worker's Compensation 33 Disability 250 (Mid -year hires; 1/2 year salaries &fringes) 2 Positions Total Cost 54,451 3102 Sheriff Deputy I - Patrol 11 x $37,536 412,896 Investigator 51,102 1 Deputy position salary FICA 35,496 +fringes = 56,044 VRS 42,688 Health /Dental 129,360 Life 6,078 Worker's Compensation 11,275 12 Positions Total Cost 688,895 3401 Inspections Inspector 52,000 FICA 3,978 VRS 4,784 Health /Dental 10,780 Life 681 Worker's Compensation 1,378 Disability 307 1 Position Total Cost 73,908 3505 Fire and Rescue Firefighter - 27 x $36,800 993,600 Training Officer 36,800 Training Officer 36,800 1 Firefighter position FICA 81,641 salary +fringes = 55,945 VRS 98,182 Health /Dental 312,620 Life 13,980 Worker's Compensation 48,771 29 Positions Total Cost 1,622,394 5316 Social Services New Position 35,000 Fringes 18,424 1 12/15/2016 67 Dept Code Department New Position Plus Fringes Amount 1 Position Total Cost 53,424 7104 Recreation Centers Recreation Technician 29,500 FICA 2,257 VRS 2,714 Health /Dental 10,780 Life 386 Worker's Compensation 684 Disability 174 1 Position Total Cost 46,495 46 General Fund Positions Total Cost 2,539,567 L 12/15/2016 68 FY 2017 -2018 NEW POSITION REQUESTS -OTHER FUNDS Fund Code Fund EMS Revenue Recovery New Position Plus Fringes EMS Billing Specialist Amount 29,500 30 FICA 2,257 VRS 2,714 Health /Dental 10,780 Life 386 Worker's Compensation 27 Disability 200 1 Position Total Cost 45,864 31 EDA Research Manager 50,000 FICA 3,825 VRS 4,600 Health /Dental 10,780 Life 655 Worker's Compensation 45 Disability 300 1 Position Total Cost 70,205 3 12/15/2016 69 FY 2017 -2018 CAPITAL REQUEST SUMMARY - GENERAL FUND 1 12/15/2016 70 Line Total per Department Item Description Amount Department 1101- Board of Supervisors 8007 Social media archiving component for FOIA tracking system 5,500 5, 500 1210 - Reassessment 8007 IT Equipment - No backup information provided 8,500 8, 500 1214 - Finance 8007 OpenGov software 27,000 27,000 1220 - Information Technology 8007 IT Equipment - no backup information provided 118,604 118, 604 3102 - Sheriff 8001 One K9 to replace current K9 DAX that is due to retire 8,800 8005 Motor Vehicles: 19 replacement, 12 new = 31 total 8005 16 police interceptors @ $28,800 460,800 8005 14 police interceptor SUV's @ 31,318 438,452 8005 1 F150 pickup (Animal Control) 31,500 939,552 3401- Inspections 8005 Motor Vehicles -one pick up or SUV replacement 28,000 28,000 3505 -Fire and Rescue 8003 Radio Equipment - includes equip. for new vehicles 38,500 8005 1 2017 Chevrolet Tahoe 4WD - (BATT 10 -2) 37,000 8005 1 2017 Ford F250 4WD (Replace FM 10 -6) 34,000 8005 1 2017 Ford F150 SuperCrew Cab 4WD (New FMs) 31,000 8005 1 2017 Chevrolet Tahoe 4WD - (Replace TR 10) 37,000 8005 1 2017 Ford F250 Crew Cab 4WD (New TR) 31,000 8005 1 2017 Ford F250 4WD (Replacement TR10 -1) 31,000 8005 Replacement of Engine 10 (Used) 200,000 1 12/15/2016 70 12/15/2016 71 Line Total per Department Item Description Amount Department 8009 2 Thermal Imaging Cameras 16,000 8009 SCBA Grant (AFG up to $1 million) 3,000,000 8009 BullEx Bullseye System 11,000 8009 Hydraulic Extraction Equipment 60,000 3, 526, 500 3506 - Public Safety Communications 8007 Vesta 911 Equipment SMS 70,000 ITS Service - 5 years TXT 2 911 recurring fee Services, engineering, training and installation 70,000 4201- General Engineering 8005 4x4 truck to replace high mileage truck 30,000 30,000 4203 - Refuse Collection 8006 1 receiver can - current can in disrepair 9,100 8006 1 recycling can - current can in disrepair 9,700 18, 800 4301- Maintenance 8005 1 pickup replacement 35,000 35,000 4304 - County Office Buildings 8001 Heat Pump Replacement - 2nd & 3rd Floors -South Building 40,000 40,000 5316 - Social Services Admin. 8005 Motor Vehicles -new vehicle replacement 25,000 25,000 7101- Parks Administration 8900 Snowden Bridge Construction 300,000 8900 Abrams Creek Design and Easements 61,000 8900 Indoor Aquatic Center Design 480,000 12/15/2016 71 Total Capital Requests - General Fund 7,086,711 S 12/15/2016 72 Line Total per Department Item Description Amount Department 841,000 7104 - Recreation Centers 8001 Treadmills - replace eight due to age 26,392 8005 Van - replace 1999 van and 1994 bus 60,000 86,392 7109 - Clearbrook Park 8001 Mower ZTurn - Replacement 15,000 8001 Utility /Work Cart - replace golf cart 11,000 8001 Tractor 50 HP 4 wheel drive 33,500 8005 Pickup - Replacement 30,000 8900 Clearbrook Park Slide Spray Ground 312,000 8900 Frederick Heights Trail /Parking 197,000 598, 500 7110 - Sherando Park 8001 Work Cart - Replace pickup truck 12,000 8001 Main Pool Circulation Pump /Motor 8,000 8001 Infield Drag Self- Propelled - replacement 12,000 8001 2 Soccer Goals 11,000 8005 Pickup - Replacement 30,000 8900 Rose Hill Playground 100,000 8900 Sherando Park Slide Spray Ground 312,000 8900 Sherando construction design for Area 4 176,663 661,663 8101- Planning 8005 Vehicle - 4WD replacement 26,700 26,700 Total Capital Requests - General Fund 7,086,711 S 12/15/2016 72 Department Line Item Description Total per Amount Department CAPITAL REQUESTS -OTHER FUNDS: Fund 11 - NRADC 8001 Floor Model Mixer 5,500 8001 Steamer 17,000 8001 Ice Maker 7,000 8005 15 Passenger Van 45,000 74, 500 Fund 12 - Landfill 8003 Radio replacement - as needed 5,000 8005 1 ton dump truck (litter buggy) 60,000 8005 SUV /truck replacement for Public Works Director 35,000 8006 Caterpillar 963 Track Loader for MSW landfill (Spring 18) 375,000 8006 Caterpillar 963 Track Loader for CDD landfill (Summer 17) 375,000 8006 100 HP farm tractor 85,000 8006 8' rotary cutter 6,000 8007 IT Equipment - upgrades 5,000 8009 New tools for shop 10,000 8009 New specialty tools for gas plant 10,000 8900 Blasting of MSW Phase 3 cell A 1,500,000 8900 Litter fence for new cell 80,000 8900 Gas wellfield expansion 150,000 8900 Leachate holding pond - additional storage capacity needed 1,500,000 4,196,000 4 12/15/2016 73 FY 2017 -2018 BUDGET SUMMARY -OTHER FUNDS Dept Code Fund NRADC 2016 -2017 Original Budget 21,161,388 2017 -2018 Proposed Budget 22,037,706 Difference 876,318 Change 4.14% 11 12 Landfill 7,035,435 9,732,241 2,696,806 38.33% 13 Division of Court Services 704,994 651,446 (53,548) -7.60% 16 Shawneeland 942,848 957,660 14,812 1.57% 17 Airport 1,802,568 1,555,958 (246,610) - 13.68% 29 Lake Holiday 779,998 779,998 0 0.00% 30 Revenue Recovery 1,802,974 1,593,084 (209,890) - 11.64% 31 EDA 577,495 631,607 54,112 9.37% 74 FY2017 NOVEMBER BUDGET TRANSFERS Page 1 DATE DEPARTMENT /GENERAL FUND REASON FOR TRANSFER FROM TO ACCT CODE AMOUNT 11/1/2016 SHERIFF PROMOTIONS 11/16 3102 1002 000 008 1,609.10 SHERIFF 3102 1001 000 015 (1,609.10) SHERIFF 3102 1002 000 079 1,649.69 SHERIFF 3102 1001 000 015 (1,649.69) SHERIFF 3102 1002 000 003 1,447.25 SHERIFF 3102 1002 000 088 (1,447.25) SHERIFF 3102 1002 000 085 1,449.08 SHERIFF 3102 1002 000 088 (1,449.08) SHERIFF 3102 1002 000 005 1,479.20 SHERIFF 3102 1001 000 015 (1,479.20) FIRE AND RESCUE 3505 1001 000 016 (3,813.60) FIRE AND RESCUE 3505 1001 000 019 3,813.60 FIRE AND RESCUE 3505 1001 000 058 (3,815.84) FIRE AND RESCUE 3505 1001 000 027 3,815.84 FIRE AND RESCUE 3505 1007 000 001 (2,686.00) FIRE AND RESCUE 3505 1001 000 026 2,686.00 FIRE AND RESCUE 3505 1007 000 001 (2,689.56) FIRE AND RESCUE 3505 1001 000 082 2,689.56 FIRE AND RESCUE 3505 1007 000 001 (2,680.85) FIRE AND RESCUE 3505 1001 000 097 2,680.85 FIRE AND RESCUE 3505 1007 000 001 (2,657.41) FIRE AND RESCUE 3505 1001 000 125 2,657.41 FIRE AND RESCUE 3505 1007 000 001 (2,684.57) FIRE AND RESCUE 3505 1001 000 010 2,684.57 FIRE AND RESCUE 3505 1007 000 001 (2,787.43) FIRE AND RESCUE 3505 1001 000 091 2,787.43 FIRE AND RESCUE 3505 1007 000 001 (2,692.37) FIRE AND RESCUE 3505 1001 000 128 2,692.37 11/16/2016 MAINTENANCE ADMINISTRATION REPAIRS TO 2007 FORD F150 4301 3004 000 002 2,500.00 COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3002 000 000 (2,500.00) 11/16/2016 BOARD OF SUPERVISORS COVER DEFICIT 1101 5506 000 000 (1,000.00) BOARD OF SUPERVISORS 1101 5413 000 000 1,000.00 11/22/2016 TREASURER KIWANIS DUES 1213 3002 000 001 (120.00) TREASURER 1213 5801 000 000 120.00 11/22/2016 COUNTY OFFICE BUILDINGS /COURTHOUSE REFUSE REMOVAL FROM MILLWOOD FIRE STATION 4304 5403 000 021 (500.00) COUNTY OFFICE BUILDINGS /COURTHOUSE 4304 3010 000 021 500.00 11/28/2016 ELECTORAL BOARD AND OFFICIALS PAY ELECTORAL BOARD FY2017 1301 5401 000 000 X30.00) ELECTORAL BOARD AND OFFICIALS 1301 5801 000 000 30.00 11/30/2016 COUNTY ADMINISTRATOR TEMPORARY RECEPTIONIST 1201 1003 000 000 2,600.00 COU NTY ADMINISTRATOR 1201 2001 000 000 198.00 COU NTY ADMINISTRATOR 1201 2011 000 000 2.00 TRANSFERS /CONTNGENCY 9301 5890 000 000 (2,800.00) 11/30/2016 HUMAN RESOURCES TRAVEL FUNDS 1203 3007 000 000 X100.00) HUMAN RESOURCES 1203 5506 000 000 100.00 75 County of Frederick General Fund November 30, 2016 ASSETS FY17 FY16 Increase Taxes Collected in Advance 11/30/216 11/30/2015 (Decrease) Cash and Cash Equivalents 72,391,505.91 76,067,691.07 (3,676,185.16) *A Petty Cash 1,555.00 1,555.00 0.00 Receivables: 4,779.85 0.00 Taxes, Commonwealth,Reimb.P /P 24,483,687.97 17,254,334.84 7,229,353.13 *B Streetlights 10,178.78 4,007.80 6,170.98 Miscellaneous Charges 20,147.12 20,232.34 (85.22) Due from Fred. Co. San. Auth. 734,939.23 734,939.23 0.00 Prepaid Postage 2,554.21 4,173.88 (1,619.67) GL controls (est.rev / est. exp) (8,797,696.70) (13,418,524.42) 4,620,827.72 (1) Attached TOTAL ASSETS 88,846,871.52 80,668,409.74 8,178,461.78 LIABILITIES Performance Bonds Payable 1,288,546.58 446,668.04 841,878.54 Taxes Collected in Advance 111,543.99 152,971.25 (41,427.26) *C Deferred Revenue 24,510,053.88 17,274,961.65 7,235,092.23 *D TOTAL LIABILITIES 25,910,144.45 17,874,600.94 8,035,543.51 EQUITY Fund Balance Reserved: Encumbrance General Fund 328,252.80 233,248.27 95,004.53 (2) Attached Conservation Easement 4,779.85 4,779.85 0.00 Peg Grant 205,675.38 137,071.75 68,603.63 Prepaid Items 949.63 949.63 0.00 Advances 734,939.23 734,939.23 0.00 Employee Benefits 93,120.82 93,120.82 0.00 Courthouse Fees 312,512.63 269,039.57 43,473.06 Historical Markers 17,386.10 17,330.76 55.34 Animal Shelter 335,530.02 335,530.02 0.00 Proffers 3,610,003.96 2,042,419.80 1,567,584.16 (3) Attached Parks Reserve 9,810.01 6,932.25 2,877.76 E- Summons Funds 78,763.75 38,816.25 39,947.50 VDOT Revenue Sharing 436,270.00 436,270.00 0.00 Undesignated Adjusted Fund Balance 56,768,732.89 58,443,360.60 (1,674,627.71) (4) Attached TOTAL EQUITY 62,936,727.07 62,793,808.80 142,918.27 TOTAL LIAB. &EQUITY 88,846,871.52 80,668,409.74 8,178,461.78 NOTES: *A Cash decrease includes an increase in expenditures and decreases in revenue, transfers, and fund balance(refer to the comparative statement of revenues, expenditures, transfers and change in fund balance). *B Tax payments of $6 million were unavailable from mortgage companies until 12/16. *C Prepayment of taxes. *D Deferred revenue includes taxes receivable, street lights, misc.charges,dog tags, and motor vehicle registratrion fees. 76 BALANCE SHEET (1)GL Controls FY37 FYl6 Inc /(Decrease) Est.Revenue 159,836,408 147,595,237 12,241,170 Appropriations (70,373,478) (67,785,799) (2,587,679) Est.Tr.to Other fds (98,588,879) (93,461,211) (5,127,668) Encumbrances 328,253 233,248 95,005 535,958.54 (8,797,697) (13,418,524) 4,620,828 (2) General Fund Purchase Orders 11/30/16 DEPARTMENT Amount HR 4,061.72 Furniture County Office Buildings 33,768.00 Tracer System HVAC Controls Library 12,260.00 Parking Lot Repair County Administration Building Other 115,400.00 (2)Roof Top Units /Heat Pump Replacements Rt. 50 Rezoning 16,675.81 Security Cameras Fire &Rescue 933.60 (1) Washer /Extractor Projects 2,545.00 Hazmat Shower(FEMA) Balance (n�11 /30/2016 5,573.20 Badges, Emblems,Patches, etc. 535,958.54 49,513.03 Uniforms 1,650,412.10 10,193.00 Textbooks - Medical and Trauma Life Support BPG Properties /Rt.11 Corridor 5,800.00 Disaster Management Software Subscription General District Court 2,732.80 (14) Mesh Back Chairs General Fund Departments 1,113.11 PC Refresh Inspections 20,983.00 KIP Scanner Other Proffers 11/30/16 5,160.00 Unity Software Laserfche Parks 15,900.05 Program &Staff Shirts Sheriff 6,164.50 Ammunition 13,559.98 Body Armor 156.00 Uniforms 5,760.00 (2) Apple Computers Total 328,252.80 Designated Other Projects Detail Administration 256,929.10 Designated 2,500.00 (3jProffer Information 126,000.00 12/11/14 Board Action designated $50,000 for final debt payment Library 134,968.00 on the Huntsberry property. Other 10,000.00 Rt. 50 Rezoning SCHOOLS PARKS FIRE &RESCUE Projects TOTAL Balance (n�11 /30/2016 953,404.62 535,958.54 470,228.70 1,650,412.10 3,610,003.96 Designated Other Projects Detail Administration 256,929.10 Bridges 2,500.00 Historic Preservation 126,000.00 12/11/14 Board Action designated $50,000 for final debt payment Library 134,968.00 on the Huntsberry property. Rt.50 Trans.lmp. 10,000.00 Rt. 50 Rezoning 25,000.00 Rt. 656 & 6571mp. 25,000.00 RT.277 162,375.00 Sheriff 57,950.00 Solid Waste 12,000.00 Stop Lights 52,445.00 BPG Properties /Rt.11 Corridor 330,000.00 Blackburn Rezoning 452,745.00 Clearbrook Bus.Ctr. Rezoning 2,500.00 Total 1,650,412.10 Other Proffers 11/30/16 (4) Fund Balance Adjusted Ending Balance 11/30/2016 39,664,370.01 Revenue 11 /16 49,394,537.34 Expenditures 11 /16 (29,232,338.68) Transfers 11 /16 (3,057,835.78) 11 /16 Adjusted Fund Balance 56,768,732.89 7/ County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance November 30, 2016 FY17 FY16 YTD REVENUES: 11/30/2016 11/30/2015 Actual Appropriated Actual Actual Variance General Property Taxes 109,067,433.00 26,071,901.25 29,200,314.75 (3,128,413.50) (1) Other local taxes 34,831,980.00 8,518,385.07 7,718,530.30 799,854.77 (2) Permits &Privilege fees 1,283,923.00 932,132.21 1,062,320.99 (130,188.78) (3) Revenue from use of money 5,254,435.67 1,822,836.45 1,673,133.65 149,702.80 and property 159,359.00 145,745.56 87,455.75 58,289.81 (4) Charges for Services 2,710,296.00 1,133,929.67 1,016,972.36 116,957.31 Miscellaneous 505,583.88 267,551.17 137,107.88 130,443.29 Recovered Costs 1,568,266.00 895,898.50 765,678.72 130,219.78 (5) Proffers 70,640,109.25 726,896.02 1,053,624.21 (326,728.19) (5) Intergovernmental: Commonwealth 9,673,567.00 10,677,283.31 9,633,597.01 1,043,686.30 (6) Federal 36,000.00 24,814.58 35,187.69 (10,373.11) (7) Transfers 0.00 0.00 0.00 TOTAL REVENUES 159,836,407.88 49,394,537.34 50,710,789.66 (1,316,252.32) EXPENDITURES: General Administration 10,977,288.32 5,347,316.91 4,070,243.52 1,277,073.39 Judicial Administration 2,657,453.84 1,059,179.65 880,376.70 178,802.95 Public Safety 34,544,739.42 14,275,319.89 13,569,810.31 705,509.58 Public Works 5,254,435.67 1,822,836.45 1,673,133.65 149,702.80 Health and Welfare 8,712,321.00 3,323,564.24 3,114,580.86 208,983.38 Education 78,819.00 39,409.50 28,000.00 11,409.50 Parks, Recreation, Culture 6,449,560.86 2,821,891.13 2,606,910.84 214,980.29 Community Development 1,965,491.14 542,820.91 546,491.71 (3,670.80) TOTAL EXPENDITURES 70,640,109.25 29,232,338.68 26,489,547.59 2,742,791.09 (8) OTHER FINANCING SOURCES (USES): Operating transfers from / to 98,322,248.13 3,057,835.78 5,547,854.24 (2,490,018.46) (9) Excess (deficiency)of revenues &other sources over expenditures & other uses (9,125,949.50) 17,104,362.88 18,673,387.83 1,569,024.95 Fund Balance per General Ledger 39,664,370.01 39,769,972.77 (105,602.76) Fund Balance Adjusted to reflect 56,768,732.89 58,443,360.60 (1,674,627.71) Income Statement @11/30/2016 i (1)General Property Taxes FY17 FY16 Increase /Decrease Real Estate Taxes 12,445,519 17,850,922 (5,405,404) Public Services Current Taxes 212,361 242,581 (30,220) Personal Property 12,960,158 10,670,077 2,290,080 Penalties and Interest 333,672 290,034 43,638 Credit Card Chgs. /Delinq.Advertising (24,670) (16,608) (8,063) Adm.Fees For Liens &Distress 144,862 163,307 (18,446) Meals Tax 26,071,901 29,200,315 (3,128,414) (2) Other Local Taxes Local Sales and Use Tax 3,422,707.09 3,248,445.83 174,261.26 Communications Sales Tax 318,797.59 326,838.00 (8,040.41) Utility Taxes 1,050,807.79 852,796.95 198,010.84 Business Licenses 801,339.47 620,881.97 180,457.50 Auto Rental Tax 41,114.14 44,996.27 (3,882.13) Motor Vehicle Licenses Fees 289,202.80 253,588.30 35,614.50 Recordation Taxes 715,512.63 676,913.82 38,598.81 Meals Tax 1,615,160.05 1,491,559.21 123,600.84 Lodging Tax 254,350.93 185,779.88 68,571.05 Street Lights 7,592.58 12,859.26 (5,266.68) Star Fort Fees 1,800.00 3,870.81 (2,070.81) Total 8,518,385.07 7,718,530.30 799,854.77 (3)Perm its &Privileges Dog Licenses 21,127.00 16,858.00 4,269.00 Land Use Application Fees 5,150.00 7,000.00 (1,850.00) Transfer Fees 1,461.60 1,413.00 48.60 Development Review Fees 141,297.00 263,657.14 (122,360.14) Building Permits 599,177.77 567,639.04 31,538.73 2 %State Fees 10,736.44 9,666.09 1,070.35 Electrical Permits 38,075.00 50,346.00 (12,271.00) Plumbing Permits 10,658.40 10,602.00 56.40 Mechanical Permits 36,032.00 63,824.00 (27,792.00) Sign Permits 2,675.00 2,376.72 298.28 Commercial Burning Permits 75.00 25.00 50.00 Blasting Permits 120.00 150.00 (30.00) Land Disturbance Permits 65,297.00 67,314.00 (2,017.00) Residential Pump and Haul Fee 50.00 - 50.00 Septic Haulers Permit - 300.00 (300.00) Transfer Development Rights 200.00 1,150.00 (950.00) Total 932,132.21 1,062,320.99 (130,188.78) (4) Revenue from use of Money 124,550.94 62,554.50 61,996.44 Property 21,194.62 24,901.25 (3,706.63) Total 145,745.56 87,455.75 58,289.81 79 (S) Recovered Costs FY17 FY16 Increase /Decrease 11/30/2016 11/30/2015 Recovered Costs Treasurer's Office 33,861.00 42,164.00 (8,303.00) Worker's Comp 500.00 500.00 - Purchasing Card Rebate 161,675.29 124,206.59 37,468.70 Recovered Costs- IT /GIS 20,000.00 313.98 19,686.02 Fire &Rescue Fee Recovery 145,574.24 176,796.56 (31,222.32) Recovered Cost Fire Companies 120,674.40 38,672.90 82,001.50 Reimbursement Circuit Court 4,171.29 5,855.49 (1,684.20) Reimb.Public Works /Planning Clean Up 1,100.00 1,736.25 (636.25) Clarke County Container Fees 36,358.16 27,991.16 8,367.00 City of Winchester Container Fees 27,226.66 25,776.19 1,450.47 Refuse Disposal Fees 52,741.17 39,642.32 13,098.85 Recycling Revenue 32,006.59 34,522.40 (2,515.81) Fire &Rescue Merchandise(Resale) - 1,050.00 (1,050.00) Container Fees Bowman Library 784.06 583.52 200.54 Litter -Thon /Keep VA Beautiful Grant 750.00 500.00 250.00 Restitution Victim Witness 3,784.92 7,337.16 (3,552.24) Reimb.of Expenses Gen.District Court 15,746.69 10,447.55 5,299.14 Reimb.Task Force 22,395.61 34,066.48 (11,670.87) Sign Deposits- Planning - 100.00 (100.00) Westminster Canterbury Lieu of Taxes 13,967.40 12,456.00 1,511.40 Grounds Maintenance Frederick Co.Schools 135,347.57 129,382.99 5,964.58 Comcast PEG Grant 41,389.00 35,732.25 5,656.75 Fire School Programs 17,145.00 9,424.25 7,720.75 Clerks Reimbursement to County 4,070.15 5,409.10 (1,338.95) Sheriff Reimbursement 4,629.30 1,011.58 3,617.72 Subtotal Recovered Costs 895,898.50 765,678.72 130,219.78 Proffer -Other - 483,090.46 (483,090.46) Proffer Lynnehaven 43,918.03 10,134.93 33,783.10 Proffer Redbud Run 70,994.00 32,270.00 38,724.00 Proffer Canter Estates 44,967.67 36,791.73 8,175.94 Proffer Village at Harvest Ridge 12,312.00 7,695.00 4,617.00 Proffer Southern Hills 29,460.00 19,640.00 9,820.00 Proffer Snowden Bridge 249,349.32 252,420.09 (3,070.77) Proffer Meadows Edge Racey Tract 241,728.00 181,296.00 60,432.00 Proffer Cedar Meadows 34,167.00 29,286.00 4,881.00 Proffer Westbury Commons - 1,000.00 (1,000.00) Subtotal Proffers 726,896.02 1,053,624.21 (326,728.19) Grand Total 1,622,794.52 1,819,302.93 (196,508.41) � i ransportanon costs ror ttiacKUUrn commerce errs cieamroox ttusmess ctr. • 1 (6) Commonwealth Revenue 11/30/2016 11/30/2015 FY17 FY16 Increase /Decrease Motor Vehicle Carriers Tax 18,955.14 37,721.45 (18,766.31) Mobile Home Titling Tax 79,829.01 58,618.97 21,210.04 Recordation Taxes 186,735.96 180,462.40 6,273.56 P/P State Reimbursement 6,526,528.18 6,526,528.26 (0.08) Shared Expenses Comm.Atty. 177,662.56 117,911.16 59,751.40 Shared Expenses Sheriff 759,010.62 582,630.52 176,380.10 Shared Expenses Comm.of Rev. 70,636.05 53,090.44 17,545.61 Shared Expenses Treasurer 52,856.07 39,397.34 13,458.73 Shared Expenses Clerk 158,509.40 98,089.07 60,420.33 Public Assistance Grants 2,053,970.51 1,504,050.22 549,920.29 Litter Control Grants 15,152.00 15,687.00 (535.00) Emergency Services Fire Program 219,662.00 214,535.00 5,127.00 DMV Grant Funding 5,098.06 8,880.11 (3,782.05) State Grant Emergency Services - 14,838.80 (14,838.80) Sheriff State Grants 9,927.01 - 9,927.01 JJC Grant Juvenile Justice 197,980.00 64,180.00 133,800.00 Rent /Lease Payments 111,841.55 80,361.35 31,480.20 Spay /Neuter Assistance -State 187.78 171.00 16.78 Wireless 911 Grant 22,439.15 22,268.40 170.75 State Forfeited Asset Funds 10,012.46 12,033.52 (2,021.06) F &R OEMS Reimbursement 289.80 2,142.00 (1,852.20) Total 10,677,283.31 9,633,597.01 1,043,686.30 *1 Timing of funds received 12/15 in prior year. *2 $133,800 transferred to NRADC after closing 11/16 i *1 *1 *1 *1 *1 *1 *2 County of Frederick General Fund November 30, 2016 (7) Federal Revenue FY17 FY16 Increase /Decrease Federal Forfeited Assets - 10,612.69 (10,612.69) Housing Illegal Aliens - Federal - 12,581.00 (12,581.00) Federal Funds Sheriff 18,339.58 8,983.00 9,356.58 Emergency Services Grant 6,475.00 3,011.00 3,464.00 Total 24,814.58 35,187.69 (10,373.11) (8) Expenditures Expenditures increased $2,742,791.09. General Administration increased $1,277,073.39 and includes the timing of the Comprehensive Services Fund transfer for $1,263,458 due to projected increase of expenses. Funds were not transferred until January in the previous year. Public Safety increased $705,509.58 and reflects an increase of the local contribution to the Jail of $98,307. Additionally, the year to date salaries and fringe benefits increased $633,954.27 impacted by the addition of seven deputy and sixteen firefighter positions. The Transfers decreased $2,490,018.46. See chart below: (9) Transfers Decreased $2,490,018.46 FY17 FY16 Increase /Decrease Transfer to School Operating 1,574,432.38 705,004.31 869,428.07 Transfer to School Construction 0.00 3,200,000.00 (3,200,000.00) Transfer to Debt Service County 1,492,545.86 1,264,623.73 227,922.13 Transfer to School Operating Capital 0.00 314,746.72 (314,746.72) Operational Transfers - 9,142.46 63,479.48 (72,621.94) Total 3,057,835.78 5,547,854.24 (2,490,018.46) *1 Increase in FY17 School Operating Fund Transfer *2 Timing of Insurance Charge Outs i *1 *2 NOTES: *1 cash increased $1,338,878.26. Refer to the following page for comparative statement of revenues and expenditures and changes in fund balance. *2 Fund balance increased $1,099,325.18. The beginning balance was $3,860,407.45 and includes adjusting entries, budget controls for FY17($746,029), the first bond payment for the security system upgrade($105,475.42), and the year to date revenue less the expenditures of $722,330.76. Current Unrecorded Accounts Receivable- FY2017 Prisoner Billing: 28,645.15 Compensation Board Reimbursement 11/16 460,960.75 Total 489,605.90 i County of Frederick FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER November 30, 2016 ASSETS FY2017 FY2016 Increase 11/30/2016 11/30/2015 (Decrease) Cash 7,007,843.21 5,668,964.95 1,338,878.26 *1 GL controls(est.rev /est.exp) (813,734.18) (746,804.84) (66,929.34) TOTAL ASSETS 6,194,109.03 4,922,160.11 1,271,948.92 LIABILITIES Accrued Operating Reserve Costs 2,395,005.00 2,258,904.00 136,101.00 TOTAL LIABILITIES 2,395,005.00 2,258,904.00 136,101.00 EQUITY Fund Balance Reserved Encumbrances 67,870.24 31,347.50 36,522.74 Undesignated Fund Balance 3,731,233.79 2,631,908.61 1,099,325.18 "2 TOTAL EQUITY 3,799,104.03 2,663,256.11 1,135,847.92 TOTAL LIABILITY &EQUITY 6,194,109.03 4,922,160.11 1,271,948.92 NOTES: *1 cash increased $1,338,878.26. Refer to the following page for comparative statement of revenues and expenditures and changes in fund balance. *2 Fund balance increased $1,099,325.18. The beginning balance was $3,860,407.45 and includes adjusting entries, budget controls for FY17($746,029), the first bond payment for the security system upgrade($105,475.42), and the year to date revenue less the expenditures of $722,330.76. Current Unrecorded Accounts Receivable- FY2017 Prisoner Billing: 28,645.15 Compensation Board Reimbursement 11/16 460,960.75 Total 489,605.90 i County of Frederick Comparative Statement of Revenues, Expenditures and Changes in Fund Balance 11 /30/2016 FUND 11 NORTHWESTERN REGIONAL ADULT DETENTION CENTER FY2017 REVENUES: 11/30/2016 Appropriated Actual Credit Card Probation - 60.55 Interest 7,373.04 Supervision Fees 38,896.00 11,529.62 Drug Testing Fees Work Release Fees Federal Bureau Of Prisons Local Contributions Miscellaneous Phone Commissions Food &Staff Reimbursement EIec.Monitoring Part.Fees Share of Jail Cost Commonwealth Medical &Health Reimb. Shared Expenses CFW Jail State Grants Local Offender Probation Bond Proceeds Transfer From General Fund TOTAL REVENUES EXPENDITURES: Excess(Deficiency)of revenues over expenditures FUND BALANCE PER GENERAL LEDGER Fund Balance Adjusted To Reflect Income Statement 11/30/2016 1,000.00 414,868.00 0.00 6,988,314.00 6,500.00 420,000.00 112,000.00 85,000.00 1,250,000.00 75,000.00 5,200,000.00 276,233.00 247,636.00 0.00 5,299,912.00 20,415,359.00 125,179.79 946.00 3,494,157.00 20,281.74 71,335.40 14,176.16 36,372.05 348,291.51 24,595.63 1,762,143.63 14,267.00 0.00 2,197.44 2,649,956.00 8,582,862.56 FY2016 11 /30/2015 Actual 63.14 3,228.42 16,241.00 130,494.02 165.00 3,247,553.00 1,779.80 77,146.36 19,751.98 36,081.87 374,043.68 30,161.01 1,282,376.45 73,340.94 68,238.00 0.00 2,551,649.00 7,912,313.67 YTD Actual Variance (2.59) 4,144.62 (4,711.38) (5,314.23) 781.00 246,604.00 18,501.94 (5,810.96) (5,575.82) 290.18 (25,752.17) (5,565.38) 479,767.18 (59,073.94) (68,238.00) 2,197.44 98,307.00 670,548.89 21,296,963.42 7,860,531.80 7,764,829.60 95,702.20 .� 722,330.76 3,008,903.03 3,731,233.79 147,484.07 2,484,424.54 2,631,908.61 574,846.69 524,478.49 1,099,325.18 County of Frederick Fund 12 Landfill November 30, 2016 ASSETS Cash Receivables: Accounts Receivable Fees Accounts Receivable Other Allow.Uncollectible Fees Fixed Assets Accumulated Depreciation GL controls(est.rev /est.exp) TOTAL ASSETS LIABILITIES Accounts Payable Accrued VAC.Pay and Comp TimePay Accrued Remediation Costs Retainage Payable Deferred Revenue Misc.Charges TOTAL LIABILITIES EQUITY Fund Balance Reserved: Encumbrances Land Acquisition New Development Costs Environmental Project Costs Equipment Undesignated Fund Balance TOTAL EQUITY TOTAL LIABILITY AND EQUITY FY2017 11 /30/2016 33,956,364.00 539,694.23 1,841.56 (84,000.00) 45,498,224.85 (27,824,334.18) (1,693,621.76) FY2016 11 /30/2015 32,883,563.87 679,737.74 2,589.86 (84,000.00) 44,899,611.07 (26,818,616.30) (696,048.00) 50,394,168.70 50,866,838.24 Increase (Decrease) 1,072,800.13 (140,043.51) *1 (748.30) 0.00 598,613.78 (1,005,717.88) (997.573.76) (472,669.54) 183,021.61 191,362.47 (8,340.86) 12,516,507.64 12,233,415.93 283,091.71 *2 26,133.20 0.00 26,133.20 1,841.56 2,589.86 74( 8.30) 12,727.504.01 12,427,368.26 300,135.75 796,582.64 35,422.00 761,160.64 *3 1,048,000.00 1,048,000.00 0.00 3,812,000.00 3,812,000.00 0.00 1,948,442.00 1,948,442.00 0.00 3,050,000.00 3,050,000.00 0.00 27,011,640.05 28,545,605.98 (1,533,965.93) *4 37,666,664.69 38,439,469.98 (772,805.29) 50,394,168.70 50,866,838.24 (472,669.54) NOTES: *1 Landfill receivables decreased $140,043.51. Landfill fees at 11/16 were $507,963.78 compared to $463,649.23 at 11/15 for an increase of $44,314.55. Delinquent fees at 11/16 were $28,492.13 compared to $211,953.35 at 11/15 for a decrease of $183,461.22. *2 Remediation increased $283,091.71 and includes $252,368.00 for post closure and $30,723.71 interest. *3 The encumbrance balance at 11/30/16 was $796,582.64 and includes $118,050.19 for CDD Landfill partial closure of Area 1, Phase 1, $651,874 for a Cat 826 K compactor, and a 2017 Ford F150 for $26,658.45. *4 Fund balance decreased $1,533,965.93. The beginning balance was $27,678,717.24 and includes adjusting entries budget controls for FY17($645,965), carry forward funds of ($15,000) for chiller repair on the landfill gas treatment skid, ($200,000) carry forward funds for the partial closure of Area 1, CDD landfill, and $193,887.81 year to date revenue less expenditures. Note that FY16 budget controls ($75,138.00) compared to FY17($645,965) for a difference of $570,827.00 reduction in fund balance. i County of Frederick Comparative Statement of Revenue,Expenditures and Changes in Fund Balance November 30, 2016 FUND 12 LANDFILL FY17 FY16 YTD REVENUES 11/30/2016 11/30/2015 Actual Appropriated Actual Actual Variance Credit Card Charges 0.00 1,522.71 1,605.30 (82.59) Interest on Bank Deposits 60,000.00 31,556.15 20,030.27 11,525.88 Salvage and Surplus 0.00 49,026.55 38,017.95 11,008.60 Sanitary Landfill Fees 5,516,450.00 2,322,660.54 2,258,439.76 64,220.78 Charges to County 0.00 212,969.79 170,180.34 42,789.45 Charges to Winchester 0.00 58,370.48 49,340.62 9,029.86 Tire Recycling 120,000.00 53,969.99 29,931.12 24,038.87 Reg.Recycling Electronics 66,000.00 22,459.00 19,898.00 2,561.00 Greenhouse Gas Credit Sales 10,000.00 0.00 0.00 0.00 Miscellaneous 60,000.00 169.00 161.00 8.00 Wheel Recycling 70,000.00 0.00 0.00 0.00 Charges for RTOP 0.00 0.00 2,439.86 (2,439.86) Renewable Energy Credits 116,262.00 90,346.60 56,361.76 33,984.84 Landfill Gas To Electricity 370,758.00 151,151.37 165,821.41 (14,670.04) Waste Oil Recycling 0.00 1,717.07 (1,717.07) TOTAL REVENUES 6,389,470.00 2,994,202.18 2,813,944.46 180,257.72 Operating Expenditures 5,535,435.10 1,252,328.66 1,217,087.45 35,241.21 Capital Expenditures 3,344,239.30 1,547,985.71 706,884.75 841,100.96 TOTAL Expenditures 8,879,674.40 2,800,314.37 1,923,972.20 876,342.17 Excess(defiency)of revenue over expenditures 193,887.81 889,972.26 (696,084.45) Fund Balance Per General Ledger 26,817,752.24 27,655,633.72 (837,881.48) FUND BALANCE ADJUSTED 27,011,640.05 28,545,605.98 (1,533,965.93) i • County of Frederick, VA Report on Unreserved Fund Balance December 14, 2016 Unreserved Fund Balance, Beginning of Year, July 1, 2016 Prior Year Funding & Carryforward Amounts C/F Clearbrook Convenience Site (35,000) C/F capital contingency (2,366,365) School encumbrances (903,813) C/F Fire Company Capital (218,002) Adjust PEG grant reserves 3,523 C/F Rose Hill project (13,163) C/F Sherando Park master plan (4,112) C/F Data center refresh lease (108,032) C/F Abbott grant (514) C/F 3rd floor carpet (31,203) C/F School operating (670,619) C/F Forfeited assets (97,298) Accrue FY16 auto rental tax 9,526 Other Funding /Adjustments Victim Witness 7,241 COR refund - General Motors (6,308) COR refund - Walmart (3,812) COR refund - Andres Godinez Jr. (2,978) COR refund - Interstate Resuce (9,267) COR refund - Toyota Lease (3,477) Airport Capital budget (157,333) COR refund -Plaza Pet Clinic (3,910) COR refund -Lake Holiday Countyr Club (3,605) COR refund -Leda Enterprises (7,379) COR refund - Virginia 10 RSA (13,203) COR refund -Food Lion (19,326) Fund Balance, December 14, 2016 i 44,322,798 (4,435,072) (223,358) 39,664,369 CONSENT AGENDA COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstone Drive, Winchester, VA 22602 MEMORANDUM LeeAnna Pyles Director, Public �afery TO: Board of Supervisors Cozxznaunications FROM: LeeAnna Pyles, Director Public Safety Communications SUEJECT: Public Safety Committee Meeting. Report for December 14, 2016 DATE: January 4, 20 i 7 A meeting of the Public Safety Committee was held on Wednesday December 14, 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, Chuck Torpy and Helen Lake. Member Blaine Dunn was not present, Also in attendance were Assistant County Attorney Erin Swisshelm, 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, and Sheriff Lenny Millholland. The following items were discussed: *x *Discussion Items *max 1. Departmental budget increases for FY18: Sheriff Millholland stated that his departments significant FY18 budget increase of $2.9 million dollars would be allotted for vehicle replacement and new personnel. In his submission, his department is looking to obtain approximately 25 cars per year to replace the existing fleet of 140 cars which currently have high mileage and maintenance casts in addition to hiring and training 12 new deputies. Director LeeAnna Pyles has requested a $63,000 increase for her departments FY18 budget submission. This wo�.tld go to upgrade the dispatch centers current phone system in order to receive Text to 9 -1 -1. This is starting to become the "norm" at dispatch centers, where citizens have the ability to text in an emergency if their situation warrants. Given that Interstate 81 runs through the county and our proximity to Interstate 66, both major transportations routes, the Director would like Frederick County to have this feature available. She noted that some other localities along the I -81 corridor in our region are planning to implement this technology as well. Chief Linaburg presented his departments FY18 budge increase request of $6.3 million dollars to Director (540) 665 -6356 Fax (540) 723 -8$48 the Committee. As in years past, personnel and training are a large part of his budget request. He is requesting for funding of 29 additional personnel. Clothing, vehicle replacements, radios and gear are factored into the increase as well. Chief Limburg emphasized that the self - contained breathing apparatus' are coming to the "end of life" and need to be replaced. This is a vital piece of equipment for fire fighters. He advised that his office has applied far a grant that would offset some of the cost (up to $1 million dollars} of the estimated $3 million dollar cost. Tt will be spring of 2017 before there will be any announcernent of the grant award. 2. RFP study update; Chief Limburg updated the Committee on the status of the Fire &Rescue Study. He advised that a committee had been established and a Request for Proposal was prepared and advertised with a number of firms responding to the FRP. He went onto say that asub- committee has been meeting to review the proposals and they have narrowed the interview list dawn to 4, including FSSI, CPSM, Fitch and ESCI. Interviews will be held on Tuesday, December 20, 2016. 3, Other Business: Helen Lake inquired about the dropping of radio signals out in the field. Director Pyles stated we are in the process of upgrading the Sheriff's ©ffice radios which will cost between $2S, 000- $30,000. It was reiterated that there are "dead" spots within the County and we are working on minimizing the issue. Major Hawkins added that his office has obtained new radios at no cost however they need batteries, antennas and programming. Fire 8� Rescue's Fred Finder and Captain Karl Steudl, who is retiring at the end of January, have been working in tandem to reprogram these radios. The both of them have extensive knowledge of our radio system and it keeps the cost to a minimum. By week's end, the Sheriff's OfFice will test 10 of these new radios in the field. Chief Limburg gave kudos to Chief Henry Shiley {Co.12} who is retiring at year's end after 53 years as Chief of Middletown Volunteer Fire &Rescue Company. Nex #Meeting: Date to be set for January L1, 2017 at $:30 a.m. Adjourn: The meeting was adjourned at 9:30 a.m. Respectfully subnutted, Public Safety Committee Gene Fisher Gary Lofton Chuck Torpy Brenda Garton Ann B. Lloyd Walt Cunningham Sheriff Lenny Millholland Rod Williams Blaine Dunn Denny Limburg Dan Cunningham Helen Lake By LeeAnna Pyles, Director blic Safety Communications LP /sds CONSENT AGENDA c 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 December 19, 2016 DATE: January 3, 2017 The Transportation Committee met on December 19, 2016 at 8:30 a.m. Members Present Gary Lofton — Chairman (voting) Judith McCann- Slaughter (voting) Gene Fisher (voting) Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC) James Racey(voting) Members Absent Mark Davis (liaison Middletown) Barry Schnoor (voting) ���Items Requiring Action��� NONE 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 ** *Items Not Requiring Action��* 1. Capital Improvement Plan Update Staff presented last year's Capital Improvement Plan to the Committee and noted the individual projects that are identified, as well as the balance of the Eastern Road Plan. Staff recommended that additional projects that have been called out individually in the draft update of the Eastern Road Plan should likewise be individually noted in the Capital Improvement Plan. Staff also noted that this recommendation is contingent upon what format the Board of Supervisors chooses to adopt for the Capital Improvement Plan. The Committee reviewed and endorsed the Staff recommendation by consensus 2. Gainesboro School Transportation Mr. Wayne Lee of the Frederick County Public School System was present to update the Committee on the transportation at the Gainesboro School on Route 522 North. Previously the Committee had requested more information on an alternative route to Route 522 via Gainesboro Road. Mr. Lee noted that one of the issues with Gainesboro Road is that the crossover of Route 522 is not wide enough to hold a bus. Mr. Oates asked about the possibility of shifting the southbound lanes of Route 522 to allow for a wider median and noted that there appears to be right -of- -way available. Mr. Lee stated that this had not been considered. Mr. Fisher asked whether (other issues aside) a stop light would allow vehicles to exit the facility and head North on Route 522. The answer was yes, but additional safety concerns were noted. Mr. Tierney noted that the sight distance at the existing entrance cannot be fixed and that the only real long term solution is to get the traffic to Gainesboro Road. Staff asked whether a signal warrant had been completed for Gainesboro Road at Route 522 that took into consideration school traffic using Gainesboro Road. It had not. Mr. Fisher reiterated that warning lights are necessary such as those used on Route 460 in Bedford County. Mr. Racey asked how many buses would not have to access Route 522 at all if the school traffic was sent to Gainesboro Road. While the exact number was not available the estimate was 10 -15. A number of individuals discussed the possibility of keeping the existing entrance to the school as a right in /right out access. The consensus of the Committee was to continue looking into the possibility of getting school traffic an entrance onto Gainesboro Road, changing the existing access point for the schools to a right in /right out entrance, extending the left turn lane of Route 522 at Gainesboro Road and evaluate a signal at Gainesboro and Route 522. Mr. Fisher noted his hope that the traffic issues for the 12th elementary school will be addressed prior to construction. Mr. Lee noted that the school division is working hard on that and is currently having discussions with Shockey for additional access. Mr. Lee noted that ultimately two - thirds of the student population in the 12th elementary school is expected to be from the Snowden Bridge Development. Mr. Oates noted that this discussion highlights the need to look at infrastructure when schools are planned. 3. Transportation Forum Report Staff provided the feedback received from the Transportation Forum to the Committee as well as photos from the event (attached). Staff also noted that there was a great turnout and that they had received numerous compliments on the event. 4. County Projects Update Snowden Bridge Boulevard: Final items are being addressed as this project wraps up. Tevis Street Extension /Airport Road /I -81 Bridge: Bridge design is ongoing and environmental documents for VDOT are being completed. Bridge design has reached 75 %, but comments are pending from VDOT on earlier submissions. Renaissance Drive: Currently working with CSX on MOU for the future crossing. The County's Transportation Partnership Opportunity Fund application has been recommended for approval by the Governor's Advisory Committee and agreements are expected shortly. 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. 5. Other �� Transportation Forum November 30, 2016 Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia. SUPERVISORS PRESENT: Charles S. DeHaven, Jr., Chairman; Gene E. Fisher, Shawnee District; Robert W. Wells, Opequon District; Gary A. Lofton, Back Creek District; Judith McCann - Slaughter, Stonewall District; Blaine P. Dunn, Red Bud District. COMMISSIONERS PRESENT: Gary R. Oates, Stonewall District. PLANNING STAFF PRESENT: John A. Bishop, Assistant Planning Director Transportation; Candice E. Perkins, Assistant Planning Director; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. OTHERS PRESENT: Kris C. Tierney, Assistant County Administrator; F. Dixon Whitworth, Jr., Staunton District Representative Commonwealth Transportation Board; Delegate of the 33rd District, Dave LaRock; Delegate of the l Ot'' District, Randy Minchew; Delegate of the 29th District, Chris Collins; Randy Kiser, Staunton District Engineer VDOT; Cliff Balderson, Edinburg VDOT Residency Administrator, Cliff Balderson. CALL TO ORDER Assistant Director Transportation, John A. Bishop welcomed everyone and requested introduction of the panel of individuals at the dais which included: Judith McCann - Slaughter; Gary Lofton, Dave LaRock, Bob Wells, Randy Minchew, Dixon Whitworth, Chris Collins, Cliff Balderson, Randy Kiser, Gene Fisher, Charles DeHaven, and Blaine Dunn. OPEN FORUM DISCUSSION Citizens were encouraged to come forward to discuss any transportation related items and voice their concerns. A gentleman spoke in regards to public transit to and from LFCC and the long length trips. Delegate Chris Collins noted there is a Committee being put together to address the situations with public transportation to LFCC. In regards to the unpaved Laurel Grove Road, there were nine (9) citizens that came forward with their concerns and comments. The concerns were relatively consistent with one another to include: safety of the road due to lack of visibility with all the dust, pot holes, washboard areas, loose gravel. The citizens expressed the need for a more permanent solution to the repairs rather than simple grading of the road with does not last. A citizen noted the safety concerns for the school buses that travel this road on a daily basis. Another citizen noted that other roads such as Carter Lane and Pack Horse Road have been moved up on the list but Laurel Grove remains the same, going nowhere. Edinburg VDOT Residency Administrator, Cliff Balderson addressed the citizens' concerns. Mr. Balderson explained it is no secret Laurel Grove Road is in desperate need of repair. He noted last year he made a commitment to make improvements to this road and by the reactions it does not appear to be up to par. Mr. Balderson continued until the funds are available more drastic improvements cannot be made unless Frederick County approves to move Laurel Grove Road up on the list for paving. He explained there is the need for non -hard surface secondary road improvements funds and this continues to be a work in progress. Staunton District Engineer, Randy Kiser noted there is more money being put into unpaved road dollars and this is a positive thing and ordinary maintenance is keeping old roads in good shape. A citizen commended the hard work that has been put into this meeting. He lives in the vicinity of Welltown Road and expressed his concern of the growing traffic issues in this area. He suggested opening Welltown Road to truck traffic. Randy Kiser commented the Route 11 and Welltown Road projects are due to get underway in the spring. A citizen came forward with concerns regarding the heavy traffic on Greenwood Road. He explained the Sulphur Springs Road and Greenwood Road intersection is a hazard and there is on average one accident a week on Greenwood Road. Delegate Randy Minchew inquired if Greenwood and Sulphur Spring Roads are on the list for repair. Cliff Balderson noted it is in the mix to restructure Sulphur Springs Road which will in turn alleviate some of the concerns on Greenwood Road. Two citizens voiced their ongoing concerns with the traffic situation in Oakdale Crossing. These concerns continue to be: large volume of traffic daily; no sidewalks; passage way between Route 50 and Senseny Road; roughly 4,300 trips per day thru this subdivision; need for a traffic signal. A citizen raised concerns with the increased traffic on North Hayfield Road. She noted this has become a connector between Route 50 and Route 522. Another citizen came forward regarding concerns with the high volume of traffic on I -81. He noted another concern is the difficulty getting in and out of Opequon Church Lane. He concluded by complimenting the work at Exit 310. Delegate Chris Collins thanked everyone for coming and for providing comments. He commented roads tend to be on everyone's radar and this discussion this evening is appreciated. Delegate Randy Minchew inquired are there any plans for other connections between Route 50 and Senseny Road. Chairman DeHaven noted Channing Drive is the only connector. Assistant County Administrator, Kris Tierney explained Inverle has been in the minds for years however the landowner has no interest in dedicating the right -of- -way. Supervisor Fisher commented he feels the traffic calming measures will be helpful in Oakdale Crossing. Mr. Fisher continued if Sulphur Springs Road and Greenwood Road are improved then Oakdale Crossing should see improvements also. John Bishop offered an update on the traffic calming study; the Board of Supervisors has requested a traffic calming study through VDOT with one of the requirements being Frederick County provides count data which has been contracted through the MPO and Mr. Bishop expects these counts to take place very soon. In addition to these counts they are also using camera stations at Route 50 entrances to establish a good number of how much cut through traffic we're dealing with. Supervisor Wells feels the roads being discussed from a safety stand point are legitimately unsafe and maybe the list can be adjusted. Staunton District Representative of the Commonwealth Transportation Board, F. Dixon Whitworth Jr., presented a brief overview of Smart Scale. Mr. Whitworth explained in 2015 legislature passed a comprehensive transportation funding bill which put a new perspective on how transportation is funded; this went concurrent with a HB2 bill which says there must be some sort of prioritization which is devised and publically aware with which projects within our state for transportation are given a waiting of priority. The HB2 prioritization has evolved into what is referred to as Smart Scale. He continued the projects that are being submitted are scored and then prioritized within Districts and within the State. Mr. Whitworth noted there are currently 436 applications and Frederick County has nine (9) of those applications. Chairman DeHaven asked for additional comments and thanked everyone for coming. A citizen spoke regarding Carter Lane and the safety concerns. She noted the road traffic has increased and speed is always a factor. She concluded she would like to see Route 37 continued. Supervisor Lofton thanked everyone for coming which included the VDOT representatives and our Delegates. The Transportation Forum concluded at this time Transportation Forum — November 30, 2016 Meeting Notes /Summary of Public Input • Need for on- demand transit service between City and LFCC; consider later hours of service in the evenings when classes are scheduled and less on the weekends. • Paving /maintenance of secondary roadways (specifically mentioned were Laurel Grove Road, Carter Lane, Fletcher Lane). • Intersection improvements to improve queuing /accidents /congestion at Route 11 and Welltown Road, especially from Tyson Drive; remove truck restrictions on Welltown Road and Rest Church Road to alleviate back -ups. • Traffic /truck conflicts at Greenwood Road and Sulphur Springs Road intersection. • Traffic calming /eliminating cut - through at Oakdale Crossing. • Senseny Road /Greenwood Road improvements /traffic. • Hayfield Road — narrow road connecting Route 50/522. • I -81 volume a concern; improved access to Opequon Lane /Tasker Road. • Concerns about Middle Road —scale bypass for trucks; dangerous. • More public transportation. • Extend deceleration lanes on northbound Route 11 at Old Charlestown Road. • Improvements to Fletcher Road. • Improving awareness about NOT using cellphones while drive. �__.,_� 4icK Coo � � �� Frederick County, VA ` / \��� `� MORGAN COUNTY WEST VIRGINIA ( \. �� 8 /� /f �� z�g� Cis �� \�.. Sg .�°� /( �n. WESTOVIRGINIA HAMPSHIRE COUNTY WEST VIRGINIA Fmw away, •�avey ma tz cop ms7 ving /Gatling/Intenm maintenance /POMOIesr SHENANOOAH COUNTY VIRGINIA Map produced by Frederick County Planning and Development Dept. Novem ber 2016 � w � � € mck/ca conflocts at Welltown Rtl \ ` �. e ws[pnc p alpm� /home DFeservaep �S "° � 13 ms7 J � g Len 8 �Q Sop GUnny9tle areaN re�^eoo �� p gp � � o $� � Traffic light tlming at B o ke Rtl mph speetl s°'� IimROn Route 50 to Poorhousz Rtl ��� y\ o � ����� Fty ` um w� =J 0 31 traffic stacking onto] -el align Valley Mill Rtl � a% � & G ning arrow antl � een tur � wiih Bumt FaROry Rtl ♦ en Nming arrow antl � �a� � u$ �y�g`'�GS ,F alk" signal at same bme Walk" signal at same time 3 Q ���'ox � gtltliGOnal lanes on Route Bntlge over l -el Y .rye (zc ms) �Mx /'1 i\ �� r�` >,� GoXdangerous" omplete lnverlee Way � (2 c msj PO Saj d Fb ��e" suiv xu Mitltlle Rtl is usstl as a truck scale bypass (2 congcemsj 9°go oE:....r �RO aw � BatlleR\\Wm -M rch � J � I{I y � ving /Gratling P(2 c nsJ GghOng at R[3J antl R[ 11 .ti� artl to sse roatlway lane Imes g Finish Rou f 9 xep° ¢ � �' / k Wa e ! ensim �€ Wa°ryON� eetl ^pavetl !�� s�� [mlflc / 8 � Aex�.m � �8d J E ' \.J Vw eo � � Tasker Rtl antl Marcel or CLARKE � / � Untlus[nal Taffic) COUNTY W. VIRGINIA Mitltlle Rtl is usstl as a truck style bypass s / � rJ �� m 4 le Rtl Poyp� � —'\ COUNTY Pave Hutt L _.. i � �+����� Pao ry� .� \ ....— \ / g _ _ - - -- YiRGiN1A C/\ _ reo �. _ _._— \ N 0 1 2 4 Miles I I I I I I W E s ih�haC� ��� ^�w ^�, }_.: . ��.. ,, r ,� .. , ` �.� � •. i � . ' � � � �� �i�i � 1 �� . _ :� ` � i �� ti �; `. 1` �� r � � f � / r \, � \ \ � � � �, --. % � • ,� J ` � � % � ` \ �. f +``- � 1 `� 1 �/ � �� 1 f � � ! � t �� � � ' 1 1 f � � � f FrrdrlKA l uxal,, 1 1 r ,� r� i � i / r� i. ..� � �f7 !' v � � � -e _ = J �, i �. ,�. � .., r ,� , ,� �• � , i _ � -., i - • \ ,_ / �� � � .i ``ii ,, _, ,� t , -, , f , ._ ': i ® erickCoanty,VA ��� /�� � �•,� �, What Do You Think? 1 rcJerick County, \'A (_ -� Frederick County, VA � �' ^ �/ � i ��' ' \ —_` `• -i• 1 i i �y � � �� '�1hh ,� /,.` E,�( , � yr, .. � . `= iii t,T„ � `�1 ,' ' ,l � � !d •� �I � � i � i . ` ��' ''� '"�i. t ff__ _, _ w ..�i� -'ter —. �T, —L —�,\ _' '-��I '/ __ j y � �_ � � _1 = _ — .'."'� ---_ � .1 � Yom- � —_` `• -i• 1 i i �y � � �- County Planning ., � � ,� x° � � .i ,:I �, " �� ���� 1 \� A`. \� � �. �..�, � e� �_ "�. s` s -- �.� _, ��� Eastern Fred Phan County Road Cross s®ctlon� `� County Planning ., � � ,� x° � � .i ,:I �, " �� ���� 1 \� A`. \� � �. �..�, � e� �_ "�. s` s -- �.� _, ��� Eastern Fred Phan County Road Cross s®ctlon� r�' ,4 Funding \/ `rte � Construction ,, .. `�u.. - �...a. �. L. �.., �-R�� -- - -- :� : =�:�: - � to -� °`� ti 3�:: �. - . � �.. *_ I e � � ', �� ,. z.� --- - -- =-- f .� ��" � �► �: �� �� � ; �`� �� .. r s� :,. �= �� � � ��. 1 �"� %-r"� ,�� ���" t, � "�;,'' Construction Funding �� �� I .: � � � _ � �/` ..� � �y �.. �� e ,, '; ' H `� � i. .� �;r,,� . . s �, '' F�i�; � �� �` �. �� 9 u� t T � �_� �� � �n �1 >\ r_ �� fi � f. i �: A �r �� -._r �: s .� �s� ���•� �, ,; r, _ �;j Y - _��� � t, _ f _rte _---- �`� - - - __ �_ - -- _ . -��� � �- __ � _ � ` . �-' . �...». �'�:- ` __. _ r;_ ■ r. ���� � �`� (/ 'E f •� �1.� � Q�� A„ i�r k� �_ -- -` COUNTY of FREDERICK Brenda G. Garton County Acbninistrator 5401665 -6382 Fax 540/667 -0370 E -mail: bgarton @fcva.us A � .•{i" , TO: Board of Supervisors FROM: Brenda G. Garton, County Administrator SUBJECT: Request to Schedule a Public Hearing on Proposed Revisions to the Articles of Incorporation of the Frederick County Sanitation Authority DATE: C>ctober 31, 203.6 Attached please find a request from Eric R. Lawrence, Executive Director of the Frederick County Sanitation Authority, seeking the Board of Supervisors' approval of proposed revisions to the Authority's Articles of Incorporation. The Authority reviewed the proposed revisions and endorsed them at its September 20, 2016 meeting. Before the Board can formally act on this request, a public hearing is required. Tn addition, the public hearing advertisement for this matter requires a 30 day notice. Staff is seeking Board approval to schedule this matter for public hearing at the Board's January 3 3, 2017 regular meeting. Should you have any questions, please do not hesitate to contact me. BGG /jet Attachment 107 North Kent Street � Winchester, Virginia 22601 GOJ�ZY SANlYq��b Ca'k � G Q �, a W f Si � 4 �'4T `G� �qar YUUP ��� FI�EEDERICI� COUNTY SANITATI ©N AUTH(]RITY Post Office Box 1$77 PH (54D) 558 -1DG1 Eric R. Lawrence Winchester Virginia 22694 -5377 Fax (S40) 8G$ -1429 Executive T)irector www. Fcsa- water.com October 3, 2016 Brenda Garton County Administrator 107 N. Kent Street Winchester, Virginia 22601 RE: Revisions to the Articles of Incorporation Frederick County Sanitation Authority Dear Brenda: During the Frederick County Sanitation Authority's (FCSA] monthly meeting on September 20, 2016, the FGSA Board discussed and endorsed a few minor revisions to their Articles of incorporation. The primary revisions is intended to ensure that the Articles of Incorporation are accurate. The Board also requested that I forward the endorsed revisions to the County, and seek the County's approval of the revised Articles of Incorporation. Please accept this correspondence as the FCSA's request for County action on the revised Articles of incorporation. FGSA is a public body and an instrument of the Commonwealth of Virginia, organized under Virginia Water and Waste Authorities Act, being Chapter 28, Title 15.2, Cade of Virginia of 1950, as amended ( "the Act "j. FCSA was created by action of the Board of Supervisors of Frederick County, Virginia and was chartered by the State Corporation Commissr`on on August 1, 1967. Thee Board of Supervisors created FCSA Articles of Incorporation. Most importantly, as an authority, FCSA makes no profit and. its operations and finances are independent of Frederick County's tax - supported services. The origins! Articles of Incorporation included the names, addresses, and the appointment terms of the initial members. To this date, the Articles of Incorporation continue to reflect the names, addresses, and now expired terms of FCSA Board members who no longer have a role on the FCSA Board. The first minor revisions that FCSA seeks is the removal of member names and addresses from the actual Articles of Incorporation. Instead of names and addresses, the FCSA board requests that the Articles of Incorporation simply state that the membership will consist of 5 members with 4 -year terms that entail the replacement of a member every year. The practice of the Board of Supervisors has been to make annual appointments as terms expire; that practice will certainty continue. But removing the member WATER'S WORTH IT Page 2 Ms. Brenda Garkon, County Adminstraor RE: Revisions to the FCSA Articles of incorppration October 3, 201b names and addresses from the Article of Incorporation enables the Articles to remain valid, removing dated and inaccurate content. FCSA also seeks to revise the Articles of Incorporation to empower its members —the FCSA Board members - to establish their own compensation as deemed appropriate. The current Articles of Incorporation empower the Board of Supervisors to determine the appropriate compensation for the FCSA Board members. By design, FCSA makes no profit and our operations and finances are independent of Frederick County's tax - supported services. FCSA has an annual budget of nearly $30,000,000. The FCSA Board members oversee this non - profit organization, and are accountable for its success and challenges. FCSA and its customers, not Frederick County, pay the compensation of its Board members. With this responsibility, it naturai to enable the FCSA Board members to establish their own monthly compensation. It is worth Hating that with the extensive responsibility, them compensation is $20Q per month; the FCSA Board has stated its intent to increase the compensation to $300.00 per month. Please let me know if you have any questions. Sincerely, Eric R. Eawrence Executive Director Cc: Rod Williams, County Attorney Attachment: Proposed Revisions to the FCSA Articles of Incorporation Original FCSA Article of Incorporation, April 10, 1967 Amended FCSA Article of Incorporation, November 13, 2002 Proposed Revisions to the FCSA Articles of Incorporation FREDERICK COUNT°I' SANITATION AUTHORITY ARTICLES OF INCORPORATION Page 1 ARTICLES OF INCORPORATION OF THE FREDERICK COIINTY SANITATION AUTHORITY - AMENDED [DATE] - In compliance with the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2, Code of Virginia, 1950, as amended), the Board of County Supervisors of Frederick County, Virginia, pursuant to an Articles of Incorporation resolution dated April 10, 1967, created the sanitation authority. The Articles of Incorporation are amended, and are restated as follows: (a) This Authority is formed under the Virginia Water and Waste Authorities Act, its name shall be " FREDERTCK COUNTY SANITATION AUTHORITY ", and the address of its principal office shall be: 315 Tacker Road, Stephens City, Virginia. (b) The name of the incorporating political subdivision is FREDERICK COUNTY, VIRGINIA. There shall be five (5) members the Board of Directors of the Authority, each of whom shall maintain a residence in Frederick County, Virginia. The names and addresses of the inerrzbers of the Board of Directors of the Authority shall be anaintained in the County Administrator's Office. The expiration of the term of office of each member is as follows: MEMBER EXPIRATION OF TERM OF OFFICE Member 1 Aril 15, 2017 Member 2 Aril 1 S, 2018 Member 3 Aril 15, 2019 Member 4 .April 15, 2020 Member 5 Aril 15, 2020 The successor of each mennber shall be appointed by the Board of County Supervisors for a term of four (4} years and until his successor shall be duly appointed and qualify, except that any person appointed to ill a vacancy shall serve only for the unexpired. term and until his successor shall be duly appointed and qualify. Any member of the Board of Directors of the Authority shall be eligible for re- appointment. FREDERICK COUNTY SANITATION AUTHORITY ARTICLES OF INCORPORATION Page 2 Members of the Board of Directors of the Authority shall serve with compensation as shall be fixed from time to time by resolution of the Authority, and shall be reimbursed for any actual expenses necessarily incurred in the performance of his duty. (c) The purpose for which the Authority is created is the acquisition, construction and maintenance of {a) an integ -rated water system for supplying and distributing water in Frederick County and (b} an integrated sewer system for Frederick County, and for the purpose of exercising the powers conferxed by the Virginia Water and Waste Authorities Act, except that the power of the Authority to acquire, construct, operate or maintain facilities for treatment of sewage is restricted to operation, construction and maintenance of sewage treatment facilities provided they are owned by Frederick - Winchester Service Authority, which must approve such role of the Authority. No other authority has been created, under the provisions of the Virginia 'Water and Waste Authorities Act, serving the whole or any part of the same area, and none of the powers granted by said Act shall be exercised by the Authority in the construc #ion, improvement, maintenance, extension or operation of any project or projects which in whole or part shall duplicate existing utilities, public or private, serving substantially the same purposes and area. IN WITNESS WHEREOF, Frederick County, Virginia, the political subdivision incorporating said Authority, has caused these Articles of Incorporation to be executed by the Chairnan of its Board of County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and attested by the Clerk of said Board this day of , 201 Chairman, Board of County Supervisors of Frederick County, Virginia Attest: Clerk, Board of County Supervisors of Frederick County, Virginia Original FCSA Article of Incorporation - - I - �,,�; � •i.. t � , �" ARTICLES OF INCflRPdRA TI4N �.. �; -'. OF TIC - � �'' . - �'REAEI�ICK COUi�TY,, SANI- T1���TION AUK ©RITY : - . �5 In compliance with thr� Virginia Water and Saver 1, `A Author�.t�:es Act (Chapter ��, Title 15, bode of Virginia, 195U, '=� as amended), the Board of County Supernisors.of Frederick County., Virginia, pursuant to a resc�Z�tic�n ��.gr�.ifying its intent. ©n to �� create a san�.tation authority, �a[aich sMa].Z be a public- body . - politic and corpoxate,, herby ce.rtif�es: .� - �,. ;,.<. • {e) This Authority �s fermad Winder the Vfrg�,nia. Watex;- t - . and Sewer Authority Act, its name- sha.�.�. be - -. f nFREDERIGK CO€1NTY �SA�iTTAi'ION..AUTHORITY" � � .. w �J�y ",.r _. and the address of its principal office shah. he W3.nc,heste�;,;.". �.. -_:,, •;i Virginia • - .y ... _.4" ' � - , {b} The name of the incorporating. political subc�;�:v�:�� -�;��i - 's"s-. _; }__ FREDERICK CODNTY -, VIRGIN�A;� �. - _ ,� �_`> . � .�''��" � "� . ., ' ::y and the names and addresses • of the fixst� members of the:: Boarr�l o£.....�{'.,'.,'i';'`':,'', - � :.� _ . said Authority are, respectively, as foltows:, each c�f':��om� , . . `� .' - �? #� _ :' ,, ;.. ma into ins a res i.denc� xn. Frederic�C Count Vii �,nia or i:ts � :� .: y• "``T;;.:. - - y � g • S ,, ' , ', .�.,,• ...,, . County seat, and each of whom�,shell cont�.z�ue in office far = the������n;' °;.., ": °�,.`' ex irin on the date set o �� �� P € Pposite Ills nave and u�ntiil his successor , . shat -�. be duly appointed and qualify -,:. '';,��� Robert Dale AD,�SS Route � 5, Wi�ehester, Va. Exp.ira t ion o f Term of <�?ffice - I April 1�, �..96�. - 2 �xp era t inn.. n.f. ,�; ADDRESS Term of Office - E. E. Bayliss, Jr. P. 0. Box 53.1, Winchester, Va. A pril X5, 19 Frank Fog1e Mt, Fails Rt., Winchester, Va. April 15, 29� James L. Bowman Stephens C�.ty, Virginia April 15,.297 Joseph Zuckerman Route �� 3, Winchester, Va. April" lg? 1,g7 The successor of each member shall be appointed by the Board of County 5u�servxsors for a term of four {'�.) years and until. his successar�sha21 tae duly appointed and qualify, except that any person appointed to fill a �r$cancy shall. serve only far the unexpired term. Any member of the Author�tty shall be �_��:igible far reappointment. Each member of the A uthor�:ty shall. serve without campen.sation and shall be reimbursed the a�aaunt of his actual expenses necessarily incurred in the performance of his duties. �'. �, {c) The purpose for wha�ch said Authority is created is the acquatsa.tion� constrvictian, operation and maintenance of (a) an integrated taster system for supplying and distributing water in Frederick Caunty "and (b) an integrated sewer system end sewage disposal system for Frederick County, and far the purpose of exercising the powers conferred icy said Virginia Water and Sewer Authorit�:es Act in relation to the forego�.ng. No other author�.ty has been created under the provisia�ns of said Act serving the whole ar any part of the same area, and none of the powers granted lay sa�.d Act shal]. be exercised by the Authority in the canstruction,;.improvemen.t, maintenance, extension or operation �., of anp pro.�ect or projects wh�.ch in whole or in part shal.2 duplicate �:_ �� existing utilit�.es, public or private, serving s�.bstantiall.y the 3 - ;�''� :, same purposes and area. Pending completion of the necessary engineering studies and estimates, it is neat pract3.cable to set forth herein preliminary estimates of capital costs, and initial rates for services of proppsed pro,�eats. IN WTTN�SS C�HEI�EQF, Frederick County, V3.rginia, the political subdivision incorporat�.ng said Authority, has caused these Articles of �ncorporat#.on to be executed by the Chairman of its Board of County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and attested by the .Clerk of said Board this � day of , 197. ' � ` :d-s � `' �. ChairrQan, Board of C �unty Supervisors of Frederick County, C�irgiaia ATTEST: erk, B d of County Superv�.sor5 of Fred rick County, il'irginia i i Amended FCSA Article of Incorporation ARTICLES OF AMENDI4IEN'T 4F F DE CK CU AT �N AUTHORI<TY 1. The name of the Authorityis "Frederick County Sanitation Authority" 2. The amendment adapted is to strike paragraph {b) of the Atiieles of Incorporation and insert in lieu thereof the following: (b) The name of the incorporating political subdivision is FREDERICK COUNTY, VIRCrINIA. Thera shall be five (S} members of the Authority. The names and addresses of the members, each of whom maintaitts a residence in Frederick County, Virginia, and the expiration of th term of office of each, are as follows: ' N'AMI� ADDRESS E N OF t` TE1tM OF O Fl John Stevens 324 Round Hill April I5, 2403 Winchester, Virginia 22602 James T. Anderson 1'. O. Box 368 April 15, 2004 Winchester, Virginia 22'604 Richard A. Ruckman 1787 Cedar Hill Road April 15, 2044 Clearbrook, Vizgtnia 22624 Darwin S. Braden 528 Northwood Circle _ Ap�ii IS, 2443 Cross ]unction, Virginia 22525 Robert P. Mowery l 16fl Salem Church Road April 15, 2006 Stephens City, Virginia�22655 The successor of each member shad be appointed by the Board of County Supervisaxs far a term of four {4) years and until asuccessor shall - be duly appointed and qualify, except that any person appainiecl .to fill a vacancy shall serve only fax the unexpired term. Any member of the Authority shall be eligible for reappointment. >�1 Members of the Authority shall receive such compensation as shall be fixed from time to time by resolution of the Frederick County Board.af Supervisors, and shall be reimbursed for any actual exper�es necessarily incurred in the performance of their duties. 3. The Articles. of Amendment were approved by a Resolution ofihe Board of Supervisors of k'rederick County, Virginia, adop #ed an November 13, 2002, fallowing a public hearing held November 13, Z0U2. IN V4�IT'NESS THEREOF, the Board of�Supervisors has mused. these Articles to be executed this 13 `" day of November, 2002. SEAL) Attest: . � �' Jo .Riley, Jr. Clerk, Board of S pervxsors FREDERICK CQiJNTY, VIRC.rINIA t Richard C: Shickle Chairman, Board ai' Supervisors FREDERICK COUNTY SANITATION AUTHORITY ARTICLES OF INCORPORATION Page 1 ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY - AMENDED @ATE]- In compliance with the Virginia Water and Waste Authorities Act {Chapter 51, Title 15.2, Cade of Virginia, 1950, as amended), the Board of County Supervisors of Frederick County, Virginia, pursuant to an Articles of Incorporation resolution dated April 10, 1967, created the sanitation authority. The Articles of Incorporation are amended, and are restated as follows: (a) This Authority is foz7med under the Virginia Water and Waste Authorities Act, its name shall be "FREDERICK COUNTY SANITATION AUTHORITY ", and the address of its principal office shall be: 315 Tasker Road, Stephens City, Virginia. (b) The name of the incorporating political subdivision is FREDERICK COUNTY, VIRGINIA. There shall be five (5) members the Board of Directors of the Authority, each of whom shall maintain a residence in Frederick County, Virginia. The names and addresses of the members of the Board of Directors of the Authority shall be maintained in the County Administrator's Office. The expiration of the term of office of each member is as follows: MEMBER EXPIltATION OF TERM OF OFFICE Member 1 Aril 15, 2017 Member 2 Aril 15, 2018 Member 3 A ri115, 2019 Menr�ber 4 April 15, 2020 Member 5 Aril 15, 2020 The successor of each member shall be appointed by the Board of County Supervisors for a term of four (4) years and until his successor shall be duly appointed and qualify, except that any person appointed to fill a vacancy shall serve only for the unexpired term and until his successor shall be duly appointed and qualify. Any member of the Board of Directors of the Authority shall be eligible for re- appointment. FREDERICK COUNTY SANITATION AUTHORITY ARTICLES OF INCORPORATION Page 2 Members of the Board of Directors of the Authority shall serve with compensation as shall be fixed from time to time by resolution of the Authority, and shall be reimbursed for any actual expenses necessarily incurred in the perfornrzanee of his duty. (c) The purpose for which the Authority is created is the acquisition, constntction and maintenance of (a) an integrated water system for supplying and distributing water in Frederick County and (b) an integrated sewer system far Frederick County, and for the purpose of exercising the powers conferred by the Virginia Water and Waste Authorities Act, except that the power of the Authority to acquire, construct, operate or maintain facilities for treatment of sewage is restricted to operation, construction and maintenance of sewage treatment facilities provided they are owned by Frederick - Winchester Service Authority, which must approve such role of the Authority. No other authority has been created, under the provisions of the Virginia Water and Waste Authorities Act, serving the whole or any part of the same area, and none of the powers granted by said Act shall be exercised by the Authority in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or part shall duplicate existing utilities, public or private, serving substantially the same puzposes and area. IN WITNESS WHEREOF, Frederick County, Virginia, the political subdivision incorporating said Authority, has caused these Articles of Incorporation to be executed by the Chairman of its Board of County Supervisors and the official seal of said Board of County Supervisors to be affixed hereto and attested by the Clerk of said Board this day of , 201 Chairman, Board of County Supervisors of Frederick County, Virginia Attest: Clerk, Board of County Supervisors of Frederick County, Virginia Fage 1 of 1 Code oi'Virginia Title X5.2, Counties, Cities and Towns Chapter ��. Virginia. Water and Waste Authorities Act § ��.2 -��04. Advertisement of ordinance, agreement or resolution and notice of hearing. The governing body of each participating locality shall eac�se to be advertised at least one time in a ne�vspape.r of general circulation in such locality a copy of the ordinance, agreement or resolution creating an authority, or a descriptive summary of the ordinance, agreement or resolution and a reference to the place witihin the locality �rhere a copy of the ordinance, agreement or resolution can be obtained, and notice of t11e clay, nc.7t less than thirtyr days after• publication of the advertisement, on ���hich a public hearing will be held on the ordinance, agreement or resolution. Code 1�50� § 15°-764.5; �95p� p. i3��; 1c}62, c. 623, § 1�,�- -a243� �9�2> c• 370 �9�33 c. 80� �-�97� c. 5g�, http: // law .lis.virginia.gov /vacodeffiifilel S.2 /chapfier5l /secfiion15.2 -51041 11/15/2016 COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director �� SUBJECT: Public Hearing - Ordinance Amendment Right -of -Way Widths for Family Lot Subdivisions DATE: December 30, 2016 This is a proposed amendment to Chapter 144 — Subdivision of Land, to update the minimum right - of -way requirement necessary to create a family division lot. Family division lots as small as two acres in the RA (Rural Areas) District are permitted to be divided and conveyed to an immediate family member. The subdivision ordinance currently states that a 50 foot right -of -way is required in order to subdivide these lots. However; the Code of Virginia states that a 20 foot right -of -way is the maximum that can be required. Staff has drafted a revision to the Subdivision Ordinance which reduces the current 50 foot right -of -way requirement to a 20 foot minimum right -of -way for a family division lot. The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this at their October 5, 2016 meeting; the Planning Commission agreed with the change and noted that it would bring the Subdivision Ordinance into compliance with the State Code. The Board of Supervisors discussed this item on October 26, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing for this item at their December 7, 2016 meeting; there were no citizen comments and the Planning Commission unanimously recommended approval of the amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added. This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia 3. Resolution CEP /pd Attachment 1 Original language Draft revisions § 144.31. Rural subdivisions. [Amended 6 -9 -1993; 8 -12 -2009] The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article IV of Chapter 165, Zoning, of the Frederick County Code. *Sections A and B remain unchanged. C. Minor rural subdivisions. (1) The division of the following types of lots is permitted under the regulations for minor rural subdivision: (a) Lots described by § 165 - 401.066, Family division lots of Chapter 165, Zoning, of the Frederick County Code. [Amended 12 -9 -2009] (b) Lots described in § 165- 401.06A, Traditional five -acre lots, and § 165- 401.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. (2) Shared private driveways. Vehicular access to a minor rural subdivision may be provided by means of shared private driveways. The owners of lots provided with access via such driveways shall be responsible for the improvement and maintenance of said driveways. When shared driveways are used, the Subdivision Administrator shall be provided with copies of the deeds of transfer. Such deeds shall contain the following language: The proposed shared private driveway is not building according to street standards and will not be maintained by the Virginia Department of Transportation or the County of Frederick. The improvement and maintenance of said driveway shall be the sole responsibility of the owners of lots which are provided with access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards shall not be borne by the Virginia Department of Transportation nor by Frederick County. (3) Minimum width for shared private driveway. The minimum right -of -way width for a shared private driveway shall be 50 feet to a public street or right -of- -way dedicated for maintenance by the Virginia Department of Transportation. For the purposes of family division lots, the minimum right -of -way width for a shared private driveway shall be 20 feet to a public street or right -of -way dedicated for maintenance by the Virginia Department of Transportation. ATTACHMENT 2 Code of Virginia § 15.2 -2244. Provisions for subdivision of a lot for conveyance to a family member. A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, including the family member's spouse, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have reasonable right -of- -way of not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this section. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such locality may include aunts, uncles, nieces and nephews in its definition of immediate family. ORDINANCE AMENDMENT Action: PLANNING COMMISSION: December 7, 2016 Recommended Approval BOARD OF SUPERVISORS: January 11, 2017 U APPROVED U DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 144 SUBDIVISION OF LAND ARTICLE V — DESIGN STANDARDS §144 -31 —RURAL SUBDIVISIONS WHEREAS, an ordinance to amend Chapter 144, Subdivision to decrease the right -of- way necessary to create a family division lot from 50 feet to 20 feet per the Code of Virginia was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 144 Subdivision of Land, is amended to modify Article V— Design Standards, §144 -31 Rural Subdivisions; to amend Chapter 144, Subdivision to decrease the right -of- -way necessary to create a family division lot from 50 feet to 20 feet per the Code of Virginia. PDRes #39 -16 Passed this 11th day of January, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman William M. Ewing Gene E. Fisher Robert W. Wells PDRes #39 -16 Gary A. Lofton Judith McCann - Slaughter Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director �� SUBJECT: Public Hearing - Ordinance Amendment Discontinuance of Nonconforming Uses DATE: December 30, 2016 This is an amendment to Chapter 165 — Zoning, as it pertains to the discontinuance of nonconforming uses. The Zoning Ordinance currently states that if a nonconforming use is discontinued for a period exceeding one year it is deemed abandoned. The Code of Virginia, however; states that a two year period is required before a use can be deemed abandoned. This revision proposes to change the Zoning Ordinance requirement to two years in conformance with the Code of Virginia. The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this at their October 5, 2016 meeting; the Planning Commission agreed with the change and noted that it would bring the Zoning Ordinance into compliance with the State Code. The Board of Supervisors discussed this item on October 26, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing for this item at their December 7, 2016 meeting; there were no citizen comments and the Planning Commission unanimously recommended approval of the amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia 3. Resolution CEP /pd ATTACHMENT 1 Original language Draft revisions ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901— Regulations § 165 - 901.01 Continuation of pre- existing uses, structures and signs. Any use which does not conform to the requirements of this chapter at the effective adoption date of this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use, structure, or sign which subsequently becomes nonconforming as a result of amendments to this chapter may continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such nonconforming uses, structures, and signs shall conform to all laws in effect at the time when the use, structure, and signs were established. A. If any change of ownership, possession or lease of any legally nonconforming use, structure, or sign occurs, the use, structure, or sign may continue according to the requirements of this article. B. When the boundaries of a district are changed, any uses, structures, or signs which become nonconforming as a result of such change shall be subject to the provisions of this article. § 165 - 901.02 Discontinuance. A. If any legally nonconforming use or legally nonconforming sign is discontinued for a period exceeding eye two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use or sign thereafter shall conform to the requirements of this chapter. B. Seasonal legally nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this chapter may be continued. ATTACHMENT 2 Code of Virginia § 15.2 -2307. Vested rights not impaired; nonconforming uses. C. A zoning ordinance may provide that land, buildings, and structures and the uses thereof which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two years, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures shall conform to such regulations whenever, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code (§ 36 -97 et seq.). If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing. Further, a zoning ordinance may provide that no nonconforming use may be expanded, or that no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. ORDINANCE AMENDMENT Action: PLANNING COMMISSION: December 7, 2016 Recommended Approval BOARD OF SUPERVISORS: January 11, 2017 U APPROVED U DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE IX — NONCONFORMING USES, STRUCTURES AND SIGNS PART 901 — REGULATIONS §165- 901.02 - DISCONTINUANCE WHEREAS, an ordinance to amend Chapter 165, Zoning - to extend the timeframe where nonconforming uses are deemed abandoned from one year to two years, per the Code of Virginia was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Article IX— Nonconforming Uses, Structures and Signs, Part 901 — Regulations, §165- 901.02 Discontinuance; to amend Chapter 165, Zoning - to extend the timeframe where nonconforming uses are deemed abandoned from one year to two years, per the Code of Virginia. PDRes #38 -16 Passed this 1 lth day of January, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton William M. Ewing Gene E. Fisher Robert W. Wells PDRes #38 -16 Judith McCann - Slaughter Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director �� SUBJECT: Public Hearing - Ordinance Amendment Removal of Motorcycle Repair from the B2 District DATE: December 30, 2016 This is a proposed amendment to Chapter 165 — Zoning, to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General) Districts. Currently, motorcycle repair is permitted in the B2 (General Business) and B3 (Industrial Transition) Districts. Staff has drafted an amendment to remove motorcycle repair from the B2 District and adding it to the M1 and M2 Districts (in addition to it currently being allowed in the B3 District). The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this at their October 5, 2016 meeting. The Planning Commission questioned whether this amendment would impact current uses or dealerships that offer repair services. Staff noted that existing legal businesses could continue to operate and dealerships that offer repair as an accessory use which would still be permitted in the B2 District. Ultimately, the Planning Commission agreed with the change and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on October 26, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing for this item at their December 7, 2016 meeting; there were no citizen comments and the Planning Commission unanimously recommended approval of the amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. SIC Manuel — 7699 3. Resolution CEP /pd ATTACHMENT 1 Original language Draft revisions ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 603 — B2 General Business District § 165 - 603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary offices with all activities and animals kept within the fully enclosed primary structure, excluding the following: 074 Veterinary services livestock 0741 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure 0752 Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding the following:f� 48 Communications services, not elsewhere classified 4899 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 Food stores, excluding the following: 54 Fruit and vegetable stands 5431 Automotive dealers and gasoline service stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equipment stores 57 Restaurants 58 Miscellaneous retail, except for the following: 59 Fuel dealers 598 Flea markets, operated outdoors - Finance, insurance and real estate offices - Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and funeral services, excluding the following: 72 Linen supply 7213 Dry cleaning plants 7216 Industrial launderers 7218 Escort services 7299 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Turkish baths 7299 Steam baths 7299 Business services, excluding the following: 73 Outdoor ad services 7312 Miscellaneous equipment rental 735 Automobile recovery service 7389 Automobile repossession service 7389 Exhibits building of by industrial contractors 7389 Filling of pressure containers (aerosol) 7389 Gas systems contract conversion from manufactured to natural gas 7389 Produce weighting service 7389 Product sterilization service 7389 Repossession service 7389 Salvaging of damaged merchandise not engaged in sales 7389 Scrap steel cutting 7389 Car washes 7542 Miscellaneous repair services, excluding the following: 76 Welding repair 7692 Agricultural equipment repair 7699 Blacksmith shops 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Dental and medical instrument repair 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Farriers 7699 Horseshoeing 7699 Industrial truck repair 7699 Laboratory instrument repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Surgical instrument repair 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Taxidermists 7699 Tinsmithing 7699 Motion picture theaters, except drive -in 7832 Videotape rental 784 Amusement and recreation services operated indoors 79 Golf driving ranges and miniature golf courses 7999 Health services 80 Legal services 81 Child day -care facilities 8351 Membership organizations 86 Engineering, accounting, research, management and related services, excluding the following: 87 Testing laboratories 8734 General business offices - Model home sales offices - Self- service storage facilities - Public buildings - Public utility distribution facilities - Business signs - Signsallowed in § 165 - 201.066 - Freestanding building entrance signs - Multi- tenant complex signs - Electronic message signs - Residential uses which are accessory to allowed business uses - Parks - Churches - Libraries - Electrical supplies 506 Hardware and plumbing and heating equipment 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads - Commercial sport and recreation clubs -- Socialservices, except for the following: 83 Residential care 836 * *7699 as a whole use group is permitted in the B3 District ATTACHMENT 1 Part 606: M1 Light Industrial District § 165 - 606.02 Allowed uses. Allowed uses are as follows: Allowed Uses Landscape and horticultural services Standard Industrial Classification (SIC) 078 Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors 15, 16 and 17 Manufacturing asfollows: -- Dairy products 202 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, excluding the following: 209 Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics and similar material 23 Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except containers and boxes 267 Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ammunition, except for small arms 3483 Ordnance and accessories, not elsewhere classified 3489 Industrial and commercial machinery and computer equipment 35 Electronics and other electrical equipment and components, excluding the following: 36 Lead acid batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 ATTACHMENT 1 Allowed Uses Miscellaneous manufacturing industries Standard Industrial Classification (SIC) 39 Local and suburban transit and interurban highway passenger transportation 41 Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 Electric, gas and other utility facilities and offices and trucking and warehousing 49 Wholesale trade - Advertising specialties - wholesale 5199 Restaurants 58 Linen supply 7213 Dry cleaning plants 7216 Business services 73 Truck rental and leasing, without drivers 7513 Automotive repair shops 753 Welding repair 7692 Agricultural equipment repair 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Industrial truck repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair Service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Tinsmithing 7699 Vocational schools 824 Business associations 861 Professional membership organizations 862 ATTACHMENT 1 Allowed Uses Labor unions and similar labor organizations Standard Industrial Classification (SIC) 863 Engineering, accounting, research, management and related services 87 Testing laboratories 8734 General business offices, including corporate, government or other offices not providing services to the general public on a regular basis as the primary use Accessory retailing -- Public buildings -- Public utility distribution facilities -- Business signs -- Signsallowed in § 165 - 201.066 -- Freestanding building entrance signs -- Multi- tenant complex signs -- Electronic message signs -- Residential uses which are accessory to allowed business uses -- Parks -- Regional criminal justice, enforcement and detention facilities for Frederick County, Clarke County and the City of Winchester Industrial launderers 7218 Truck or fleet maintenance facilities -- Self- service storage facilities -- Flex -Tech -- Fire stations, companies and rescue squads -- SERVICES Industry Group Industry No. No. 769 MISCELLANEOUS REPAIR SHOPS AND RELATED SERVICES —Con. 7699 Repair Shops and Related Services, Not Elsewhere Classified —Con. 377 musical instrument repair; septic tank cleaning; farm machinery repair; fur- nace cleaning; motorcycle repair; tank truck cleaning; taxidermists; tractor repair; and typewriter repair. Agricultural equipment repair Antique repair and restoration, except Medical equipment repair, except elec- furniture and automotive Awning repair shops tric Meteorological instrument repair Beer pump coil cleaning and repair Microscope repair Mirror repay shops service Bicycle repair shops Motorcycle repair service Musical instrument repair shops Binoculars and other optical goods Nautical and navigational instrument repair Blacksmith shops repair, except electric Grgan tuning and repair Boiler cleaning Boiler repair shops, except manufactur- Piano tuning and repair Picture framing to individual order, not r+i8 Bowling pins, refinishing or repair connected with retail art stores Picture framing, custom Camera repair shops Catch basin cleaning Pocketbook repair shops Cesspool cleaning Precision instrument repair China firing and decorating to individ- Rebabbitting Reneedling work ual order Cleaning and reglazing of baking papa Repair of optical instruments Repair of photographic equipment Cleaning bricks Copperemithing repair, except construes Repair of service station equipment Repair of speedometers tion Covering textile rolls Rug repair shops, sot combined with Dental instrument repair cleaning Saddlery repair shops Drafting instrument repair Engine repair, except automotive Scale repair service Farm machinery repair Scientific instrument repair, except electric Farriers (blacksmith shops) Fire control (military) equipment repair Septic tank cleaning service Furnace and chimney cleaning Sewer cleaning and rodding Sewing machine repair shops Furnace cleaning service Gas appliance repair service Sharpening and repairing knives, saws, Glazing and cleaning baking pane Gun parts made to individual order and tools Ship boiler and tank cleaning and Gunsmith shops repair -- contractors Ship scaling -- contractors Harness repair shops Horseshceing Stove repair shops Industrial truck repair Surgical inetryment repair Surveying instrument repair Key duplicating shops Laboratory instrument repair, except Tank and boiler cleaning service Tank truck cleaning service electric Lawnmower repair shops Taxidermists Tent repair shops Leather goods repair shops Lock parts made to individual order Thermostat repair Locksmith shops Tinamithing repair, except construction Luggage repair shops Tractor repair Tuning of pianos and organs Machinery cleaning Mattress renovating and repair shops Typewriter repair, including electric Measuring and controlling instrument Venetian blind repair shops Window shade repair shops repair, mechanical D D l7 m z N ORDINANCE AMENDMENT Action: PLANNING COMMISSION: December 7, 2016 Recommended Approval BOARD OF SUPERVISORS: January 11, 2017 U APPROVED U DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VI — BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 603 — B2 GENERAL BUSINESS DISTRICT §165- 603.02 ALLOWED USES PART 606 — Ml LIGHT INDUSTRIAL DISTRICT §165- 606.02 ALLOWED USES WHEREAS, an ordinance to amend Chapter 165, Zoning to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial Transition) Districts was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Article VI— Business and Industrial Zoning Districts, Part 603 — B2 General Business District, §165- 603.02 Allowed Uses, Part 606 Ml Light Industrial District, §165- 606.02Allowed uses; to amend Chapter 165, Zoning - to remove motorcycle repair from the B2 (General Business) District and include it in the Ml (Light Industrial) and M2 (Industrial Transition) Districts. PDRes #37 -16 Passed this 1 lth day of January, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton William M. Ewing Gene E. Fisher Robert W. Wells PDRes #37 -16 Judith McCann - Slaughter Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director �� SUBJECT: Pubic Hearing - Ordinance Amendment Indoor Recreation in the M1 and OM Districts DATE: December 30, 2016 This is an amendment to Chapter 165 — Zoning, to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office- Manufacturing) District. Staff has limited the allowances to SIC 7941 (commercial sports), SIC 7991 (physical fitness facilities), SIC 7997 (membership sports and recreation clubs) and portions of 7999 (fitness and sports instruction). Staff has also drafted supplemental use regulations that would correspond to the use — additional requirements could be added during the Conditional Use Permit process if necessary. The DRRC discussed this amendment at their September 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 19; the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on November 9, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing for this item at their December 7, 2016 meeting; there were no citizen comments and the Planning Commission ultimately recommended approval of the amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. SIC 79 3. Resolution CEP /pd ATTACHMENT 1 ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 606 — M1 Light Industrial District § 165 - 606.03. Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor Truck and Tractor Truck Trailer Parking - - - -- Commercial Recreation, Indoor *: 7941 • Professional Sports Clubs 7941 • Physical Fitness Facilities 7991 • Membership Sports and Recreation Clubs 7997 • Amusement and Recreation Services (to include 7999 only fitness and sports instruction facilities) *This use will not be permissible in the M2 Zoning District. Part 605 — OM Office - Manufacturing Park District § 165 - 605.03.1 Conditional Uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Commercial Recreation, Indoor *: • Professional Sports Clubs 7941 • Physical Fitness Facilities 7991 • Membership Sports and Recreation Clubs 7997 • Amusement and Recreation Services (to include 7999 only fitness and sports instruction facilities) ATTACHMENT 1 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses § 165 - 204.29. Commercial Recreation, Indoor. Commercial Indoor Recreation located in the M1 (Lipht Industrial) District and the OM (Office- Manufacturinp) District shall be subject to the followinp requirements: A. Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at and leave the facility. e. Adequate parking shall be provided onsite, or through a shared parking agreement, shall be required per § 165 - 202.01. C. Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility. D. All uses shall be operated indoors, outdoor recreation shall be prohibited. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165 - 101.02 Definitions &word usage. COMMERCIAL RECREATION, INDOOR °C''DC "T' ^ "' —A sports or activity facility either open to the peneral public for a fee or for members and their quests, located in an enclosed buildinp or structure designed to accommodate patherinps ��� fey �„��,,. +,,,� ,,,, +,�,,,,. �- ,,.;�; +;,,� „��� for athletic, training, recreational or park purposes, games, cultural activities, martial arts, archery and the like. + "-,+ „ +;';,^ � ^,� - , + "' ^ +;,. ^ - , +; ^., ^' - ,,. +;,.; +; ^� ATTACHMENT 2 380 1blajor Group 79.--- AIVIUSE1bIENT AND RECREATION SERVICES The Major Group as a Whole This major group includes establishments engaged in providing amusement or entertain- ment services, not elsewhere classified. Establishments primarily engaged in operating motion picture theaters are classified in Industry Group 783, and those operating museums, art galleries, arboreta, and botanical and zoological gardens are classified in Major Group 84. Industry Group Industry No. No. 791 DANCE STUDIOS, SCHOOLS, AND HALLS 7911 Dance Studios, Schools, and Halls Establishments primarily engaged in operating dance studios, schools, and public dance halls or ballrooms. Establishments primarily engaged in renting facilities used as dance halls or ballrooms are classified in Real Estate, Indus- try 6512. Ballroom operation Deuce studios and schools Children's dancing schools Discotheques, except Chase serving alto- Deuce hall operation bolic beverages Dance instructors Professional dancing schools 792 THEATRICAL PRODUCERS (EXCEPT MOTION PICTURE), BANDS, ORCHESTRAS, AND ENTERTAINERS 7922 Theatrical Producers (Except Motion Picture) and Miscellaneous Theatrical Services Establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters. This industry also includes services allied with theatrical presentations, such as casting agencies; booking agencies for plays, artists, and concerts; scenery, lighting, and other equip- ment services; and theatrical ticket agencies. Also included in this industry are producers of live and taped radio programs and commercials and produc- ers of live television programs. Establishments primarily engaged in the pro- duction of taped television programs and commercials are classified in Indus- try 7812. Theaters which are normally rented to theatrical producers and stock companies are classified in Real Estate, Industry 6512. Motion picture theaters and motion picture service industries are classified in Major Group 78. Establishments primarily engaged in operating dinner theaters are classi- fied in Retail Trade, Industry 5812. Agents or managers for entertainers Agents, talent: theatrical Ballet production Booking agencies, theatrical: except motion picture Burlesque companies Casting agencies, theatrical: except motion picture Community theater productions Concert management service Costume design, theatrical F�ployment agencies: theatrical, radio, and television�acept motion picture Legitimate theater producers Opera companies Performing arts center productions Plays (road companies and stock cem- penies) Radio programs, including cemmer- cials: producers of Rental of theatrical scenery Repertory or stock companies, theatri- cal Road companies, theatrical Scenery design, theatrical Stock companies, theatrical Summer theaters, except dinner thea- ters Television programs (including com- mercials} live Theatrical companies Theatrical equipment rental Theatrical lightigg on a contract basis Theatrical production, except motion picture Theatrical ticket agencies Vaudeville companies SERVICES 3s1 Industry Group Industry No. No. 792 THEATRICAL PRODUCERS (EXCEPT MOTION PICTURE), BANDS, ORCHESTRAS, AND ENTERTAINERS —Con. 7929 Bands, Orchestras, Actors, and Other Entertainers and Entertainment Groups Establishments primarily engaged in providing entertainment other than live theatrical presentations. These establishments include bands, orchestras, and entertainers. 793 794 Actors Actresses Classical music groups or artists Concert artists Dance bands Drum and bugle corps (drill teams) Entertainers Entertainment groups BOWLING CENTERS 7933 Bowling Centers Jau music groups or artiste Magicians Musicians Orchestras Performing artists Popular music groups or artiste Symphony orchestras Establishments known to the public as bowling centers or lanes. Such estab- lishments frequently sell meals and refreshments. Bowling centers Duck pin centers Candle pin centers Ten pin centers COMMERCIAL SPORTS 7941 Professional Sports Clubs and Promoters Establishments primarily engaged in operating and promoting professional and semiprofessional athletic clubs; promoting athletic events, including ama- teur; and managing individual professional athletes. Stadiums and athletic fields are included only if the operator is actually engaged in the promotion of athletic events. Establishments primarily engaged in operating stadiums and athletic fields are classified in Real Estate, Industry Group 651. Amateur sports and athletic clubs are classified in Industry Group 799. Arenas, boxing and wrestling (sports promotion): professional Athletic field operation (sports promo- lion) Baseball clubs, professional or semi- professional Basketball clubs, professional or semi- professional Football clubs, professional or semi- professional Ice hockey clubs, professional or semi- professional 7948 Racing, Including Track Operation Managers of individual professional athletes Professional or semiprofessional sports clubs Promoters, sports events Soccer clubs, professional or semiprofes- sional Sports field operation (sports promo- lion) Sports promotion: baseball, football, boxing, etc. Stadiums (sports promotion) Promoters and participants in racing activities, including racetrack opera- tors, operators of racing stables, jockeys, racehorse trainers, and race car owners and operators. Dog racing Racetrack operation: e.g., horse, dog, Dregatrip operation auto Horses, race: training Racing stables, operation of Horses, racing of Speedway operation Jockeys, horserecing Stock car racing Motorcycle racing Training racehorses Race car drivers and owners �i 382 STANDARD INDUSTRIAL CLASSIFICATION Industry Group Industry No. No. 799 MISCELLANEOUS A1VII7SEMENT AND RECREATION SERVICES � . 7991 Physical Fitness Facilities Establishments primarily engaged in operating reducing and other health ;': clubs, spas, and similar facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Also included in j this industry are establishments providing aerobic dance and exercise classes. I I Sports and recreation clubs are classified in Industry 7997 if operated on a membership basis, and in Industries 7992 or 7999 if open to the general public. Health resorts and spas providing lodging are classified in Major Group 70. Establishments that promote physical fitness through diet control are classi- fied in Industry 7299. Aerobic dance and exercise classes Reducing facilities, physical fitness, Clubs, health without lodging Exercise salons Slenderizing salons ii FStness salons Spss, health fitness: except resort Gymnasiums lodges Physical fitness centers 7992 Public Golf Courses Establishments primarily engaged in the operation of golf courses open to the general public on a contract or fee basis. Membership golf and country clubs are classified in Industry 7997. Miniature golf courses and golf driving ranges are classified in Industry 7999. Golf clubs, nonmembership Golf courses, public: operation of 79 °3 Coin - Operated Amusement Devices Establishments primarily engaged in operating coin - operated amusement devices, either in their own or in other places of business. Such amusement devices include juke boxes, pinball machines, mechanical games, slot ma- chines, and similar types of amusement equipment. Amusement (including video game) arcades and parlors are also included in this industry. Amusement device parlors, coinoperat• Juke boxes, operation of ed Mechanical games, coinoperated: oper- Amusement machines, coinoperated: ation of operation of Music distribution systems, coinopera4 Arcades, amusement ed Gambling establishments primarily op- Pinball machines, operation of stating coin- operated machines Slot machines, operation of Gambling machines, coinvperated: op- Video game arcades station of 7996 Amusement Parks Establishments of the type known as amusement parks and kiddie parks which group together and operate in whole or in part a number of attractions, such as mechanical rides, amusement devices, refreshment stands, and picnic grounds. Amusement concessionaires operating within the park are generally classified in Industry 7999. Amusement centers and parks (not Kiddie parks fairs, circuses, or carnivals) Piers, amusement Amusement parks Theme parks, am�u:, r•: ::.nt 7997 Membership Sports and Recreation Clubs Sports and recreation clubs which are restricted to use by members and their guests. Country, golf, tennis, yacht, and amateur sports and recreation SERVICES 383 Industry Group Industry No. No. 799 MISCELLAN "�:�iJS AMUSEMENT AND RECREATION SERVICES —Con. 7997 Membership Sports and Recreation Clubs —Con. clubs are included in this industry. Physical fitness facilities are classified in Industry 7991. Aviation clubs, membership Baseball clubs, except professional and semiprofessional Bathing beacheA, membership Beach clubs, membership Boating clubs, membership Bowling leagues or teams, except pro- fessional and semiprofessional Bridge clubs, �"ia�oarehip Clubs, membership: sports and recrea- tion, except physical fitness Country clubs, membership Flying fields maintained by aviation clubs Football clubs, except professional and semiprofessional Golf clubs, membership Gun clubs, membership Handball clubs, membership Hockey clubs, except professional and semiprofessional Hunt clubs, membership Racquetball clubs, membership Recreation and sports clubs, member- ship: except physical fitness Riding clubs, membership Shooting clubs, membership Soccer clubs, except professional and semiprofeesioaai, Sports and recreation clubs, member- ship: except physical fitness Swimming clubs, membership Tennis clubs, membership Yacht clubs, memlx�� ship 7999 Amusement and Recreation Services, Not Elsewhere Classed Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. Aerial tramways, ariauaement or scenic Amusement concessions Amusement rides Animal shows in circuses, faire, and carnivals Archery ranges, operation of Astrologers Baseball instruction schools Basketball instruction schools Bath housee,independently operated Bathing beaches, public Betting information services Billiard parlors Bingo parlors Boat rental, pleasure Boats, party fishing: operation of Bookies Bookmakers, race Bowling instruction Bridge clubs, nonmembership Bridge instruction Cable lifts, amusement or scenic: oper- ated separately from lodges Canoe rental Card rooms Carnival operation Cave operation Circus companies Concession operators, amusement de- vices and rides Day camps Exhibition operation Exposition operation Fairs, agricultural: operation of Fireworks display service Fishing piers and lakes, operation of Fortune tellers Gambling establishments not primarily operating coinoperated machines Gambling machines, except coinoperat_ ed: operation of Game parlors, except coinoperated Games, teaching of Gocart raceway operation Gocart rentals Golf courses, miniature: operation of Golf driving ranges GoIC professionals not operating retail stores Golf, Pitch -a -putt Gymnastics instruction Handball courts, except membership clubs Horse shows Houseboat rentals Hunting guidee Ice skating rink operation Judo instruction Karate instruction Lifeguard service Lotteriee, operation of Lottery clubs and ticket Bales to indi- viduals Moped rental Motorcycle rental Natural wonders, tourist attraction: commercial Observation tower operation Off -track betting Pack trains for amusement Parachute training for pleasure Phrenologists STANDARD INDUSTRIAL CLASSIFICATION Industry No. MISCELLANEOUS AMUSEMENT AND RECREATION SERVICES —Con. 7999 Amusement and Recreation Services, Not Elsewhere Classified. —Con. Picnic grounds operation Ski rental concessions Ping pong parlors Slot�car racetracks Pool parlors Sporting goods rental Racquetball courts, except membership Sports instructors, professional: golf, clubs skiing, swimming, etc. Rental of beach chairs and accessories Sports professionals Rental of bicycles Swimming instruction Rental of golf carte Swimming pools, except membership Rental of rowboats and canoes Teaais clubs, nonmembership Rental of saddle horses Tennis courts, outdoor and indoor: op- Riding academies and schools eretion of, nonmembership Riding stables Tennis professionals River rafting, operation of Ticket sales offices for sporting events, Rodeo animal rectal contract Rodeos, operation of Tourist attractions, natural wonder: Roller skating rink operation commercial Scenic railroads for amucemeat Tourist guides Schools and camps, sports instructional Trampoline operation Scuba end akin diving instruction Trapshooting facilities, except member- Shooting galleries ship clubs Shooting ranges, operat[oa of Waterslides, operation of Skating instruction, ice or roller W eve pools, operation of Skeet shooting facilities, except mem- Wax figure exhibitions berehip clubs Yoga instruction Ski instruction Ski lifts, cable lifts, and ski tows open sled separately from lodges ORDINANCE AMENDMENT Action: PLANNING COMMISSION: December 7, 2016 Recommended Approval BOARD OF SUPERVISORS: January 11, 2017 U APPROVED U DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VI — BUSINESS AND INDUSTRAL ZONING DISTRICTS PART 605 — OM OFFICE MANUFACTURING PARK DISTRICTS §165- 605.03.01 CONDITIONAL USES PART 606 — Ml LIGHT INDUSTRIAL DISTRICTS §165- 606.03. CONDITIONAL USES ARTICLE II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES §165- 204.29 COMMERCIAL RECREATION, INDOOR ARTICLE I — GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 — GENERAL PROVISIONS §165- 101.02 DEFINITIONS &WORD USAGE WHEREAS, an ordinance to amend Chapter 165, Zoning — to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the M1 (Light Industrial) District and the OM (Office Manufacturing Park) District was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this PDRes #48 -16 ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE VI — BUSINESS AND INDUSTRAL ZONING DISTRICTS, PART 605 — OM OFFICE MANUFACTURING PARK DISTRICTS, §165- 605.03.01 CONDITIONAL USES, PART 606 — Ml LIGHT INDUSTRIAL DISTRICTS, §165- 606.03. CONDITIONAL USES, ARTICLE II — SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, PART 204 — ADDITIONAL REGULATIONS FOR SPECIFIC USES, §165- 204.29 COMMERCIAL RECREATION, INDOOR, ARTICLE I — GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 — GENERAL PROVISIONS, §165- 101.02 DEFINITIONS &WORD USAGE; to amend Chapter 165, Zoning - to include an allowance for amusement and recreation services operated indoors SIC 79 to be permitted through a Conditional Use Permit in the Ml (Light Industrial) District and the OM (Office Manufacturing Park) District. Passed this 11th day of January, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton William M. Ewing Gene E. Fisher Robert W. Wells PDRes #48 -16 Judith McCann - Slaughter Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director �`%� SUBJECT: Public Hearing - Ordinance Amendment —Minor Site Plans DATE: December 30, 2016 This is an amendment to Chapter 165 — Zoning, to modify the standards for the submittal of a minor site plan. The current threshold for a minor site plan is "a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area ". At the August meeting of the Development Review and Regulations Committee (DRRC), the Committee requested to increase the disturbed area from 5,000 square feet to 10,000 square feet to be consistent with the state requirements for a land disturbance permit. The DRRC discussed this amendment at their September 2016 meeting. The DRRC agreed with the proposed change and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 19; the Planning Commission agreed with the changes and sent the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on November 9, 2016; the Board of Supervisors agreed with the proposed changes and sent the amendment forward for public hearing. The Planning Commission held a public hearing for this item at their December 7, 2016 meeting; there were no citizen comments and the Planning Commission unanimously recommended approval of the amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC and the Planning Commission (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is sought. Please contact staff if you have any questions. Attachment: 1. Revised ordinance with deletions shown in strikethrough and additions shown in bold underlined italics. 2. Resolution CEP /pd Attachment 1 ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 802 —Site Plans § 165 - 802.03 Site plan and illustrative sketch plan contents. D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed �9A910,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The total land area and total developed land area of all lots included on the site plan. (5) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (6) A reference to any other site plan or master development plan approved by the County for the site. (7) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (11) A description of setbacks or conditions placed on the site as a result of an approved variance. (12) The name of the Magisterial District within which property is located. (13) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan. (15) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (16) Any other information determined by the Zoning Administrator necessary for the review of the minor site plan. (17) The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it is determined not to be warranted. ORDINANCE AMENDMENT Action: PLANNING COMMISSION: December 7, 2016 Recommended Approval BOARD OF SUPERVISORS: January 11, 2017 U APPROVED U DENIED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VIII — DEVELOPMENT PLANS AND APPROVALS PART 802 —SITE PLANS §165- 802.03 —SITE PLAN AND ILLUSTRATIVE SKETCH PLAN CONTENTS WHEREAS, an ordinance to amend Chapter 165, Zoning — to modify the standards for a submittal of a minor site plan from 5,000 square feet to 10,000 square feet, was considered; and WHEREAS, the Planning Commission held a public hearing on this ordinance on December 7, 2016; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on January 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify Article VIII — Development Plans and Approvals, Part 802 —Site Plans, §165- 802.03 —Site Plan and Illustrative Sketch Plan Contents; to modify the standards for a submittal of a minor site plan from 5,000 square feet to 10,000 square feet. PDRes #47 -16 Passed this 11th day of January, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman William M. Ewing Gene E. Fisher Robert W. Wells PDRes #47 -16 Gary A. Lofton Judith McCann - Slaughter Blaine P. Dunn A COPY ATTEST Brenda G. Garton Frederick County Administrator REZONING APPLICATION #12 -16 SNOWDEN BRIDGE STATION Staff Report for the Board of Supervisors Prepared: December 30, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 12/07/16 Board of Supervisors: 01/11/17 Action Public Meeting Held; Recommended Approval Pending PROPOSAL: To revise the proffer from Rezoning #03 -OS for North Stephenson, Inc. submitted by GreyWolfe, Inc. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- -way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04 -16 which was approved in June of 2016 making the eastern portion of this roadway private. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. EXECUTIVE SUNIMARY &PLANNING COMMISSION RECOMMENDATION FOR THE 01/11/17 BOARD OF SUPERVISORS MEETING: This is an application to amend the proffers from Rezoning #03 -OS for 59.223 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right -of- -way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04 -16 which was approved in June of 2016 making the eastern portion of this roadway private. This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subj ect properties are currently zoned M 1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan. The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned ( #04 -16) and the Applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 7, 2016 meeting. Following the required public meeting, a decision re�ardin� this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adepuately address all concerns raised by the Board of Supervisors. Rezoning #12 -16 Snowden Bridge Station December 30, 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 Action Planning Commission: 12/07/16 Public Meeting Held; Recommended Approval Board of Supervisors: 01/11/17 Pending PROPOSAL: To revise the proffer from Rezoning #03 -OS for North Stephenson, Inc. submitted by GreyWolfe, Inc. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- -way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04 -16 which was approved in June of 2016 making the eastern portion of this roadway private. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43C -3 -5, 43C -3 -7A, 43 -A151 and 43 -A -152 PROPERTY ZONING: Ml (Light Industrial) District PRESENT USE: Industrial and Vacant ADJOINING PROPERTY ZONING &PRESENT USE: North: B2 (General Business) District Use: Commercial RP (Residential Performance) District Residential South: M1 (Light Industrial) District Use: Industrial/Vacant RA (Rural Areas) District Battlefield /Preservation East: Ml (Light Industrial) District Use: Vacant /Snowden Bridge Boulevard B3 (Industrial Transition) District Commercial /Industrial West: RA (Rural Areas) District Use: Residential /Interstate 81 Rezoning #12 -16 Snowden Bridge Station December 30, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Snowden Bridge Station (Omps) — Rezoning #03 -OS Request, with a date of June 23, 2015. Based off of the review of the submittal, we have the following comment: Item "h" under Transportation in the approved 2005 rezoning request needs to be incorporated into the 2016 rezoning request. Frederick County Attorney: I have now reviewed the corrected proffer statement and it is my opinion that it would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: Proffer if and lg- It would be appropriate to state some time frame for performance of these proffers, such as within x days of request by the County. Proffer 2 —Staff will want to note that the proposed square footage limitation remains the same for the land area subj ect to this rezoning (59.223 acres) as it was for the larger land area that was subj ect to the 2005 rezoning (79.13 acres), within which area the current land area is encompassed. Proffer 3 — On the last line at the bottom of the page, "by" should be deleted before "to ". Planning & Zonina: 1) Site History: The original Frederick County zoning map (U.S.G.S_ Winchester, VA Quadrangle) identifies the majority of the subject property as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding zoning map resulted in the re- mapping of this portion of the subj ect property and all other A -1 and A -2 rezoned land to the RA District. The remainder of the property was identified as being zoned R -3. The R -3 (Residential General) District zoning classification was modified to RP (Residential Performance) District on February 14, 1990, during the comprehensive amendment to the County's Zoning Ordinance. The subject properties were rezoned to the M 1 (Light Industrial) Zoning District with rezoning #03 -OS for North Stephenson which was approved by the Board of Supervisors on Apri127, 2005. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. 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 Rezoning #12 -16 Snowden Bridge Station December 30, 2016 Page 4 living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 and therefore consistent with the goals of the Comprehensive Plan. Transportation and Site Access This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- -way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right -of- -way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04 -16 which was approved in June of 2016 making the eastern portion of this roadway private. 3) Proffer Statement, Dated June 23, 2016, revised August 19, 2016: Transportation Proffers a -e have been completed. f. — Remains unchanged g. — Amendment to remove the public road dedication and provide for a private access easement (Ezra Lane). h — Remains unchanged 2. Structural Development - Proffer 2 has been amended from the 2005 rezoning to decrease the maximum allowance from 800,000sf to 600,000sf of total floor area. This proffer takes into account area that has been removed from the 2005 rezoning that is now part of rezoning #04 -16. Environmental Protection - Remains unchanged 4. Viewshed Mitigations - Remains unchanged 5. Fire and Rescue Monetary Contributions - Proffer 5 has been modified to increase the monetary contribution from $0.01 per structural square foot to $0.10 per building Rezoning #12 -16 Snowden Bridge Station December 30, 2016 Page 5 square foot for Fire and Rescue. 6. Martinsburg Pike Corridor Enhancement - Remains unchanged PLANNING COMMSSION SUIVIIVIARY AND ACTION FROM THE 12/07/16 MEETING: Staff reported this is a request to revise the proffers from Rezoning #03 -OS for North Stephenson, Inc. for four parcels of land that total 59.223 acres. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. Staff stated that this minor proffer amendment seeks to amend a transportation proffer that previously dedicated right -of- -way for the construction of a public roadway for the realignment of Redbud Road. Staff concluded the proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04 -16 which was approved in June of 2016 making the eastern portion of this roadway private. A Commission Member inquired why make this a private road. Staff noted the public road is no longer needed. A motion was made, seconded, and unanimously passed to recommend approval of Rezoning #12 -16 for Snowden Bridge Station as presented. Absent: Marston EXECUTIVE SUMMARY &PLANNING COMMISSION RECOMMENDATION FOR THE 01/11/17 BOARD OF SUPERVISORS MEETING: This is an application to amend the proffers from Rezoning #03 -OS for 59.223 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated publicright-of- way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right -of- -way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04 -16 which was approved in June of 2016 making the eastern portion of this roadway private. This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subj ect properties are currently zoned M 1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan. The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned ( #04 -16) and the Applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 7, 2016 meeting. Rezoning #12 -16 Snowden Bridge Station December 30, 2016 Page 6 Following the required public meeting, 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. fl ��!i %�PPlications Parcels OSewer and Water Service Area Building Footprints r � 31 .� f � �Y v� 1 ,. �' � '� �3_�.' :�` • �: �� l� �.'' � t�� , '�7 :: ti� .� � . ° � .� N Od ���C FB �. ,�` REZ #12 - -1�6, �r fi. .. Q� ` .` .' C`'R` " ., :., � � W�� _ �, ,. ; , ",� � "�N�.�,qY ,�, ! . - it ,� � � � REDBUD RD �., ,jai f �,\ � �7 '> i 1 ? REZ # 12 - 16 Note: Frederick County Dept of Snowden Bridge Station Planning &Development PINS: 107 N Kent St e 43 - A - 151, 43 - A - 152, Suite 202 43C - 3 - 5, 43C - 3 - 7A Winchester, VA 22601 Proffer Amendment 540 - 665 - 5651 Map Created: November 2, 2016 Staff: cperkins 0 275 550 1,100 Feet 165 AMOCOI &1 SAPPlications V \. Parcels Sewer and Water Service Area REZ # 12 - 16 Building Footprints Long Range Land Use Frederick County Dept of Residential ifi� Neighborhood Village ® Urban Center - Mobile Home Community Winchester, VA 22601 Business ` p.. 540 - 665 - 5651 Highway Commercial Map Created: November 2, 2016 Mixed -Use Staff: cperkins Mixed Use Commercial /Office 1,180 Feet 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 Q 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 MCRl.nH1V1 JI 112 MARKET Si �� I18 1784 MARiIt, , MARiINSBURG Pli ,,,,�� PIKE 4�3G 35 \7A �. ` �:;�,. %; �'� f �,\ '> � .w.g { E; #'12 -16 P mQ 410 REDBUD RD �` 345 REDBUD RD =- !�". �"- ® 185 NULiON LN ��,a c �. F��, 369 MILBURN RD ;.�lr.{l� �. ... J. ,;;:,� V \. REDBUD R�� j�l REZ # 12 - 16 Note: Frederick County Dept of Snowden Bridge Station Planning &Development PINS: 107 N Kent St 43 - A - 151, 43 - A - 152, Suite 202 e 43C - 3 - 5, 43C - 3 - 7A Winchester, VA 22601 Proffer Amendment 540 - 665 - 5651 Map Created: November 2, 2016 Staff: cperkins 0 295 590 1,180 Feet Amended Proffer Statement of RZ #03 -OS Rezoning: Property: RZ # = 16 Area: 59.223 acres Tax Parcels 43C- (3) -5, 43C- (3) -7A, 43 -(A) -151, and 43 -(A) -152 Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: K & J Investments, LC &North Stephenson, Inc. Snowden Bridge Station June 23, 2016 August 19, 2016 Stonewall. Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -16 for rezoning of 59.223 -acres of Light Industrial M -1 District identified as tax parcels 43C- (3) -5, 43C- (3) -7A, 43 -(A) -151 and 43 -(A) -152, development of the subject properties shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owners and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. These proffers shall supersede any /all proffers previously approved for the properties. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to North Stephenson, Inc. by Deed per DB 688, PG 832 and DB 701, PG 9; and to K & J Investments, LC per instrument, as recorded in the Frederick County Circuit Court Clerk's Office. Proffers: 1. Transportation a. Proffer completed. b. Proffer completed. c. Proffer completed. d. Proffer completed. e. Proffer no longer applicable as Snowden Bridge Boulevard is under construction. f. The owners hereby proffer to dedicate right -of- -way to VDOT along Redbud Road for future improvements to the interstate 81 exit 317 interchange area. This right -of- -way shall be dedicated to VDOT within 180 days of final engineering plan approval and request by Frederick County. The preparation of right -of- -way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the owners. g. The owners hereby proffer to dedicate a 50 -foot access easement to tax parcels 43C- (5) -15, 43C- (5) -16, 43C- (5) -17, 43C- (6) -A, and the Electric substation site currently owned by Rappahannock Electric Coop. This easement will be the private internal road known as Ezra Lane. This will occur when these parcels no longer have access to a Route 661 due to future closure. h. The owners hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43 -(A) -152 adjoining the Redbud Road (Route 661) right -of- -way. This proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned through the subject site resulting from the widening of interstate 81. 2. Structural Development The owners hereby proffer to limit the structural development on the 59.223 - acres to a maximum of 600,000 square -feet of total floor area. 3. Environmental Protection The owners hereby proffer to provide for the delineation of karst features located on the 59.223 -acre site as a condition of the master development plan approval. The owners' further proffer to conduct geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. The geotechnical analysis reports and methods for treatment of impacts shall be provided to the Frederick County engineer for review and approval as a condition of site development plan approval. 4. Viewshed Mitigation The owners hereby proffer to prohibit the placement of freestanding and building mounted illuminated and non - illuminated business signs facing the eastern property line of Tax Map parcel 43 -(A) -152 to mitigate viewshed impacts from the 3rd Winchester Core Battlefield Area. 5. Fire &Rescue Monetary Contributions The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. 6. Martinsburg Pike Corridor Enhancement The owners hereby proffer to provide corridor enhancements along Martinsburg Pike. The location and type of enhancements for this corridor will be identified on the master development plan for the 59.223 -acre project site. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply tc the lard rezcned in additicn to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: �) ��� ]V rth Stephenson, c. Date ohn E. Omps, President State of City /County of �� '��` To Wit: 5� The foregoing instrument was acknowledged before me this 31 day of � , 20 � � -��1�� � L Owner �'lp� � � � Registration Number - �ess�� � ��; �� Notary Public My Commission Expires �� � � � . ZA � By: �. K & J Investments, LC Date Keven V. Omps, Manager State of � � , City /County of i'6'c� -2r�� To Wit: The foregoing instrument was acknowledged before me this3� day of � , 20 c�� ever y ��s Owner '� } �, �� l�o'� Registration Number ���� D ��;�.1� Notary Public My Commission Expires 4 Action: PLANNING COMMISSION BOARD OF SUPERVISORS AMENDMENT December 7, 2016 - Recommended Approval January 11, 2017 - ❑APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #12 -16 SNOWDEN BRIDGE STATION WHEREAS, Rezoning #12 -16 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03 -OS for North Stephenson, Inc. for 59.2 acres of land, with a final revision date of August 19, 2016 was considered. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated publicright -of- -way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement. The Properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified with Property Identification Numbers 43C -3 -5, 43C -3 -7A, 43 -A -151 and 43 -A -152; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 7, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January ll, 2017; 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 revise the proffers associated with Rezoning #03 -OS for North Stephenson, Inc. for 59.2 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right -of- -way for the construction of a public roadway for the realignment of Redbud Road; this proffer amendment seeks to make the dedication a private access easement, with a final revision date of August 19, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #02 -17 -2- This ordinance shall be in effect on the date of adoption. Passed this 11th day of January, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton William M. Ewing Gene E. Fisher Blaine P. Dunn PDRes #02 -17 Robert W. Wells Judith McCann - Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator Action: AMENDMENT PLANNING COMMISSION: April 6, 2005 - Recommended Approval BOARD OP SUPERVISORS: April 26, 2005 8❑ APPROVED ❑DENIED AN ORDINANCE AMENDING T1�E ZONING DISTRICT MAP RELONING #03 -OS FOR NORTH STEPHENSON, INC. WHEREAS, Rezoning #03 -OS for North Stephen on, Inc., was submitted by Green�vay Engineering to rezone 79.13 acres from RA (Rural Areas) District to M1 (Light Industrial) District. These properties front on the east side of Martinsburg Pike (Route I 1 North), just north of the Interstate 81 Exit 317 northbound oCl =ramp, immediately northeast of Redbud Road (Route 661), in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINs) 43- A -I50, �I3 -A -151, X13 -A -I51 A, 43- A -I52, 43C- 3 -2. �43C -3 -3, �43C -3 -4, 43C -3 -4A, �3C -3 -5 and 43C -3 -7A. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be i�l the best interest of the public health, safety, welfare, and in conformance wvitl� the Co►nprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick Counq� Code, Zoning, is amended to revise the Zoning District Map to change 79.13 acres fi•on� RA (Rural Areas) District to M I (Light Industrial) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writinb by the applicant and the properly owner, i��iz�s. a i � -os This ordinance shall be in effect on the date of adoption. Passed this 26th day of April, 2005 by the following recorded vote: Richard C, Shickle, Chairman Gina A. Pora•ester Lynda J. Tyler Gene L. Fisher PDRes. � 17 -0� A_� Barbara E. Van Osten Ave Aye Gary Dove A.ye Aye Bill M. Ewing gym_ —� A COPY ATTCST -, �,, �� John R! Riley, Jr. �I�.. Frederick County Administrator Grccmvay Engineering October 13, 2004 North Stephenson, Inc. Rezoning Revised January 3, 2005 Revised May 13, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ# 03 -OS Rural Areas District (RA) to Light lndustrial District (Ml) with Proffers PROPERTY: 79. ] 3 acres + / -; Tax Parcels #43 -( {A)) -150, 43 -((A)) -151, 43 -((A)) -151 A, 43 - {(A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ((3)) -5, 43C- ((3)) -7A RECORD OW7�lER: ]North Stephenson, Inc. APPLICANT: North Stephensoal, Inc. (here -in after "the applicants ") PROJECT NAME: North Stephenson, Inc. -Light Industrial Rezoning ORIGINAL DATE OF PROFFERS: October 13, 2004 REVISION DATE: May 13, 2005 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 03 -OS for the rezoning of the 79.13 -acres tract from the Rua•al Areas (RA) District, to Light Industrial (M1) District, development of the subject property shall be done in conformity with the teams and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed rwithdrawn and have no effect whatsoever. These proffers shall be binding upon the applicants and their legal successors, heirs, or assigns. The subject property is more particularly described as the land ow>Ied by I�TOrth Stephenson, Inc. being all of Tax Map Parcels 43- ( {A)) -I50, 43 -((A)) -151, 43- ((A))- 151A, 43 -((A)) -152, 43C- ((3)) -2, 43C- ((3)) -3, 43C- ((3)) -4, 43C- ((3)) -4A, 43C- ( {3)) -5, and 43C- ((3)) -7A, as evidence by recorded property deeds in the Frederick County Clerk of Court Office included with this rezoning proposal. Pile il3435/EA�1' Grcemvny Engineering October 13, 2004 North slephenson, Inc. Rezoning Re<<ised Jru�uar}� 3, 2005 Re��ised May 13, 2005 PROJECT PROFFER STATEMENT 1.) Transportation a) The applicants hereby proffer to construct, or cause for the construction of dual southbound left turn lanes on Martinsburg Pilce (U.S. Route 11 North) at the major collector road intersection with Re>u.i Drive at the Rutherford's Farm Industrial Park. The southbound dual left turn lanes will be constructed at the same time that the Rutherford's Farm Industrial Parts improvements to Martinsburg Pike are constructed. b) The applicants hereby proffer to construct, or cause for the construction of aright turn lane within the Ma>tinsburg Pike (U.S. Route 11 North) right - of -way at a location and distance acceptable to VDOT between the intersection of Redbud Road {Route 661) and the major collector road intersection serving as the primary entrance to the 79.13 -acre project site. A traffic study will be prepared and submitted to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to allow VDOT to dete>mine when the proffered improvement is warranted. c) The applicants hereby proffer to provide for the dedication of right -of- -way and for the allowance of tempora>y construction easements needed for the ultimate design of the major collector road from the CSX railroad to Martinsburg Pike. The dedicated right -of- -way shall provide for the improvements identified from station 10 +00 to station 24 +00 on the Stephenson Village Major Collector Road Plan and CSX Crossing prepared by Greenway Engineering and dated October 2001, which is included as an exhibit with this proffer statement. The applicants further proffer to provide for the dedication of right -of -way acceptable to VDOT for the purpose of providing a right turn lane from the major collector road onto the internal street connection located at station 17 +00 on the subject exhibit. d) The applicants hereby proffer to enter into a signalization agreement with VDOT for the provision of a traffic signal at the major collector road intersection with Marrtinsburg Pike, which will align with Renzi Dri�re at the Rutherford's Farm Industrial Park. The signalization agreement shall provide for the pro -rata share of the traffic signal based on the projected traffic volumes identified in the Traffic Impact Analysis (TIA) compared to the projected traffic volumes identified in the TIA for the Rutherford's Farm Industrial Park and the TIA for the Stephenson Village Residential Planned Co}rununity. Pile 113485 /CAW 2 Grecmetiy Cngincering OGOber 13, 2004 North Slcphensou, Inc. Rezoning Re�iscd January 3, 2005 Revised May t 3, 2005 e) The applicants hereby proffer to prepare and submit a traffic study to VDOT as a component of the site development plan for each proposed land use on the 79.13 -acre site to a determi��e tl�e portion of the major collector road that will be required to be constructed based on the impacts associated Gvith each future land use. f) The applicants hereby proffer to dedicate right- of=way to VDOT along Redbud Road for future improvements to the Inte>.•state 81 Exit 317 interchange area. This right -of- -way shall be dedicated to VDOT within 180 days of final engineering plan approval. The preparation of right -of way dedication plats and legal documents associated ��rith this dedication shall be prepared by parties other than the applicants. g) The applicants hereby proffer to dedicate a 50 -foot right- of"way and provide temporary construction easements to VDOT for the purpose of realigning Redbud Road (Route 661) from the current intersection at Martinsburg Pilce (U.S, Route 11 North) to connect to the major collector road on the subject site. The purpose of the 50 -foot right -of- -way dedication and temporary construction easements is to provide VDOT and Frederick County with an appropriate alternative to relocate Redbud Road. The dedicated 50 -foot right -of- -way will connect to the intersection that is identified at station 17 +00 on the Stephenson Village Major Collector Road flan and CSC Crossing prepared by Greenway Engineering and dated October 2004, which is included as an exhibit with this proffer statement. The location of the 50 -foot right -of -way to connect to this intersection will be agreed upon by VDOT and the property owners to allow for a minimum 25 mph geometric design criteria and will be made available at such a time that VDOT deems necessary. The preparation of right -of- -way dedication plats and legal documents associated with this dedication shall be prepared by parties other than the applicants. The construction of the realigned portion of Redbud Road shall occur by parties other than the applicants. h) The applicants hereby proffer to prohibit commercial entrances along the western property line on tax parcel 43 - {(A)) -152 adjoining the Redbud Road (Route 661) right -of- -way. Tlus proffer is intended to prohibit commercial entrance locations on the current alignment of Redbud Road and is not intended to prohibit commercial entrances internally to the subject site should Redbud Road be realigned tlu•ough the subject site resulting from tl�e widening of Interstate 81, file fJ3485 /LAVJ 3 Greemti�ay Engineering October 13, 2004 North Stephenson, Inc. Rezoning Revised Jmn�ary 3, 2005 Revised May 13, 2005 2.) Structural Development The applicants hereby proffer to limit the structural development on the 79, 13 -acre to a maximum of 800,000 square -feet of total floor area. 3.) Enviromnental Protection The applicants hereby proffer to provide for the delineation of karst features located on the 79.13 -acre site as a condition of master development plan approval. The applicants further proffer to conduct geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features, The geoteclulical analysis reports and methods for treatment of impacts shall be provided to the Frederick County Engineer for review and approval as a condition of site development plan approval. 4.) Viewshed Mitigation The applicants hereb}r proffer to prohibit the placement of freestanding and building mounted illuminated and non- illuminated business signs facing the eastern property line of lax map parcel 43- ((A)) -I52 to mitigate viewshed impacts from the 3rd Winchester Core Battlefield Area. 5.) Fire and Rescue Monetary Contribution The applicants hereby proffer to provide a monetary contribution of $0.01 per square foot of structural development on the 79.13 -acre site occurring subsequent to rezoning approval. This monetary cont�•ibution shall be provided to Frederick County at the time of building permit issuance foa• structural development, which may generate a maximum monetary contribution of $8,000.00 based on the proffered maximum square footage of structural development. The applicants monetary contribution will be directed to the Clearbrook Volunteer Fire and Rescue Company, which will provide first due response to the subject site. 6.) Martinsburg Pike Corridor Enhancement The applicants hereby proffer to provide corridor enhancements along Martinsburg Pike. The location and type of enhancements for this corridor will be identified on the 1\�laster Development Plan for the 79.13 -acre project site. File 113435 /GA�U q Greemvay L'•ngineering 7.) Signatures October 13, 2004 North siephenson, Inc. 12ezoning Revised Janu�uy 3, 2005 Revised Maq 13, 2005 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: North Stephenson, Inc. �� 11 Keven Omps Date B �:,.- � - � C� .I O5 } , Jol mps Date Commonwealth of Virginia, City /County of �p�- ��� -�c�. To Vdit: The foregoing instrument was acknowledged before 200 i by ��� c=s� � IVt � My Commission Expires �_�a��'� Uu� 5� this day of �.���- �, Notary Public rile n3assiEAw 5 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff �;�. Fee Amount Paid $ IOU ��i t �- 1 � Date Received I � � Zoning Amendment Number � � , PC Hearing Date +'�.� �} � I �� BOS Hearing Date i I a � The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: K & �� Investments, LC &North Stephenson, Inc. Telephone: (540) 667 -4919 Address: 1800 Martinsburg Pike, Winchester, VA, 22603 2. Property Owner (if different than above): Name: Address: 3. Contact person if other than above: Name: Gary R. Oates 4. Property Information: a. b. c. d. e. Telephone: Telephone: (540) 667 -2001 Property Identification Number(s): 43C- (3) -5,& 7A; 43 -(A) -151 & 152 Total acreage to be rezoned: 59.223 acres Total acreage of the parcels) to be rezoned (if the entirety of the parcels) is not being rezoned): Current zoning designations) and acreages) in each designation: 59.223 - M -1 Proposed zoning designations) and acreages) in each designation: 59.223 - M -1 f. Magisterial District(s): Stonewall 12 5. Checklist: Check the following items_ that have been included with this application. Location map _ _� Agency Comments ___ Plat _�� �_ Fees _ '_ Deed to property _ _ Impact Analysis Statement _ _ Verification of taxes paid _4.. ._ Proffer Statement _� _ Plat depicting exact meets and bounds for the proposed zoning district _ _ Digital copies (pdf's) of all submitted documents, maps and exhibits _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: K & J Investments, LC &North Stephenson, Inc. - Keven V. Omps K & J Investments, LC &North Stephenson, Inc. -John E. Omps 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 43C- (3) -6, 8A, & 9 Residential RP 43 -(A) -158 & 44- (A) -26 Industrial - Graystone M -1 43C- (5) -15, 16, 17 Residential RA 43- (A) -151A Warehouse - Repair B -3 43 -(A) -151 B, 43C- (3) -4A Trucking and Residential B -2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Blvd 13 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: 0 Non - Residential Lots: o Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: 0 Multi - Family: 0 Mobile Home: o Hotel Rooms: 140 Sauare Footage of Proposed Uses _ Service Station: Manufacturing: Warehouse: Other: 800,000 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. l (we) understand that the sign issued when this application is submitted must be placed at the front property line at ]east seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of- -way until the hearing. I (we) hereby certify that this application and its accompanying ►naterials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: l �J�e -._, � .�,,� Date: � 73 t Owner(s): Date: Date: Special Limited Power of Attorney i ouriy of F rederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning &Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Keven V. Omps -North Stephenson, Inc & K &J Investments, LC (Phone) SAO- 667 -4919 (Address) 1800 Martinsburg Pike, 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 tl�e Circuit Court of the County of Frederick, Virginia, by Instrument No. 050009792, 688i7o� on Page 832/s ,and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Gary R. Oates, LS -B, PE and Timothy Stowe,.PE, LS (Phone) 540 - 667 -2001 (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including: J j� Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary 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 c�-3�� day of�.44v�.� , 20 �� , Signatures) `��-�/y`P�► -� � m`�" State of Virginia, C—i�y /County of �"�`�''''`�' , To -wit: 1, �e��e..� �h.�S �u-`� a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument �rsonally�peared before me and has acknowledged the e before e in the�urisdiction aforesaid this a� day of �k� , 20 1(p . M � 1�, .¢.t. 1 �� y Commission Expires. 3 . No r Public CONSENT AG EN DA COUNTY of FREDERICK Department of Planning and Development 540/ 665 -5651 Fax: 540/ 665 -6395 Memo�anc�um To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator ' �� �"" Date: January 3, 2017 RE: Abrams Pointe Subdivision —Phase 1B The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Abrams Pointe Boulevard, State Route Number 1650 Jeni Court, State Route Number 1654 Jeni Court, State Route Number 1654 Williamson Road, State Route Number 1653 Shuoner Court, State Route Number 1655 Jeni Court, State Route Number 1654 Staff is mailable to answer any questions. MRC /dlw 021 miles 0.05 miles 0.05 miles 0.07 miles 0.03 miles 0.08 miles 107 North Kent Street, Suite 202 •Winchester, Virginia 22601 -5000 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 11th day of January, 2017, adopted the following: WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.2 -705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Charles S. DeHaven, Jr., Chairman Gary A. Lofton William M. Ewing Blaine P. Dunn Judith McCann - Slaughter PDRes. #01 -17 Robert W. Wells Gene E. Fisher A COPY ATTEST Brenda G_ Garton Frederick County Administrator In the County of Frederick ----------------------------------------------------------------------------------------------------------------- By resolution of the governing body adopted January 11, 2017 The following VDOT Form AM -4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision Abrams Pointe, Phase 1 B Tvpe Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2 -705 Street Name and/or Route Number ♦ Abrams Pointe Boulevard, State Route Number 1650 Old Route Number: 0 -------------------------------------------- • From: Route 1651, Harold Court To: Route 1653, Williamson Road, a distance of: 0.21 miles. Recordation Reference: Inst. 120014010, Page 281 Right of Way width (feet) = 60' Street Name and/or Route Number ♦ Jeni Court, State Route Number 1654 Old Route Number: 0 -------------------------------------------- • From: Route 1653, Williamson Road To: 0.05 mile northwest of Route 1653, Williamson Road, a distance of: 0.05 miles. Recordation Reference: Inst. 120014010, Page 281 Right of Way width (feet) = 50' Street Name and/or Route Number ♦ Jeni Court, State Route Number 1654 Old Route Number: 0 -------------------------------------------- • From: Route 1653, Williamson Road To: Route 1655, Shuoner Court, a distance of: 0.05 miles. Recordation Reference: Inst. 120014010, Page 281 Right of Way width (feet) = 50' VDOT Form AM -43 (4/20/2007) Maintenance Division Date of Resolution: January 11, 2017 Page 1 of 2 Street Name and/or Route Number ♦ Williamson Road, State Route Number 1653 Old Route Number: 0 -------------------------------------------- • From: Route 1650. Abrams Pointe Boulevard To: Route 1654, Jeni Court, a distance of: 0.07 miles. Recordation Reference: Inst. 120014010, Page 281 Right of Way width (feet) = 54' Street Name and/or Route Number ♦ Shuoner Court, State Route Number 1655 Old Route Number: 0 -------------------------------------------- • From: Route 1654, Jeni Court To: 0.03 mile northeast, a distance of: 0.03 miles. Recordation Reference: Inst. 120014010, Page 281 Right of Way width (feet) = 50' Street Name and/or Route Number ♦ Jeni Court, State Route Number 1654 Old Route Number: 0 -------------------------------------------- • From: Route 1655, Shuoner Court To: 0.08 mile southeast to cul -de -sac, a distance of: 0.08 miles. Recordation Reference: Inst. 120014010, Page 281 Right of Way width (feet) = 50' VDOT Form AM -43 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 2