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October 11 2017 Board_Agenda_Packet AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 11, 2017 6:00 P.M., 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 6:00 P.M. - Closed Session: There will be a Closed Session pursuant to Section 2.2-3711, A (7) of the Code of Virginia,1950, as amended, for consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by such counsel. There will be a Closed Session pursuant to Section 2.2-3711 A (3) of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. 7:00 P.M. - Regular Meeting - Call To Order Invocation Pledge of Allegiance Adoption of Agenda: Pursuant to established procedures, the Board should adopt the Agenda for the meeting. Consent Agenda: (Tentative Agenda Items for Consent are Tabs: B, C, G, H and O) Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Board of Supervisors Comments AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 11, 2017 PAGE 2 County Officials: (See Attached)A 1. Committee Appointments. ------------------------------------------- 2. Correspondence from Virginia Association of Counties (VACo) Re: Voting Credentials for the Annual Business Meeting Request to (See Attached)B Designate County Administrator to Vote. ------------------------ 3. Request to Approve Holding Two Rabies Clinics in 2018. (See Attached)C ------------------------------------------------------------------------------- Committee Reports: (See Attached)D 1. Parks and Recreation Commission. ------------------------------ (See Attached)E 2. Finance Committee. --------------------------------------------------- (See Attached)F 3. Transportation Committee. ------------------------------------------ (See Attached)G 4. Human Resources Committee. ------------------------------------ (See Attached)H 5. Public Safety Committee. -------------------------------------------- Public Hearing: 1. Proposed Amendment to the Frederick County Code, Chapter 89 Fire and Rescue Services; Article IV Volunteer Membership; Section 89-12, Volunteer Fire Fighter and Rescue Members. This Proposed Amendment Would Provide an Alternative Option for Completing Background Checks Necessary to Approve Volunteer Fire and Rescue Members. (See Attached)I ------------------------------------------------------------------------------- 2. Proposed Amendment to the Frederick County Code, Chapter 122 Nuisances; by the Addition of Section 122-11, Methamphetamine Lab Cleanup and Removal Responsibility for Costs; Determination of Amount. This Proposed Amendment Would Provide an Additional Means for the County to Recover Any Costs It Might Incur to Protect the Public Health (See Attached)J and Safety in the Cleanup of Methamphetamine Labs. ----- 3. Proposed Amendments to the Frederick County Code, Chapter 155 Taxation; Article I General Provisions; Section 155-3, Tax Returns; Failure to File. The Proposed Amendments are Technical Amendments AGENDA CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 11,2017 PAGE 3 to the Provision Governing Personal Property Tax Return Filings Regarding Mobile Homes and to Establish a Uniform Filing Deadline of (See Attached)K March 1 for Personal Property Returns.------------------------- Planning Commission Business: Public Hearing: 1.South Frederick Agricultural and Forestal District -To Consider Adding Additional Parcels into the South Frederick Agricultural and Forestal District. These Properties are Located at 933 Barley Lane, Winchester, Virginia and are Identified with Property Identification Numbers 60-A-89, 61-A-15 and 61-A-17 in the Back Creek Magisterial District (See Attached)L ------------------------------------------------------------------------------- Other Planning Items: 1.Discussion-Subdivision Application #05-17 of Freedom Crossing. (See Attached)M ------------------------------------------------------------------------------- 2.Discussion Residential Separation Buffer Waiver in the RP(Residential (See Attached)N Performance)District.------------------------------------------------- (See Attached)O 3.Road Resolutions: ----------------------------------------------------- a.Roscommon, Sections 6and7; b.Meadows Edge Phase 2. Board Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjourn COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: September 20, 2017 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, September 20, 2017 at 8:00 a.m. All members were present. () Items 5, 6, and 7 were approved under consent agenda. () Items 2, 9, 10, 11, 12, 14, and 17 require no action. 1.Shenandoah Valley Community Residences, Inc. requests real property tax exemption. See attached application and Code of Virginia Tax Exempt Property, p. 4  37. The committee recommends approval of the exemption. An ordinance amendment is required to reflect the change, draft attached, p. 38  40. A public hearing is required on the ordinance amendment. 2.() Presentation by SCS Engineers of Pro Forma Analysis and FY 2019 for the Frederick County Regional Landfill. This item has been Oversight Committee. See attached information, p. 41  60. No action required. 3.The Public Works Director requests a General Fund supplemental appropriation in amount of $50,000. This amount represents funds donated to the Frederick County Est Shelter and will be used for the engineering and architectural s architectural plans for a building addition at the shelter. No required. This item was approved by the Public Works Committee. See attached informatio 61  63. The committee recommends approval. 4.The Public Works Director requests a General Fund supplemental appropriation in the amount of $10,000. This amount represents funds donated to the Frederick County Esther Boyd A Shelter and will be used to expand the existing spay/neuter prog This item was approved by the Public Works Committee. See attac 61  63. The committee recommends approval. 107 North Kent Street Winchester, Virginia 22601 1 Finance Committee Report and Recommendations September 20, 2017 Page 2 5.() The Sheriff requests a General Fund supplemental appropriation in the amount of $4,354. This amount represents an auto claim reimbursement. No local fu memo, p. 64. 6.() The Shawneeland Manager requests a Shawneeland Fund supplemental appropriation in the amount of $13,692.56. This amount represents an auto claim reimbursement. No local fu required. See attached memo, p. 65. 7.() The Superintendent of Parks request a General Fund supplemental appropriation in the amount of $20,000.This amount represents a carry forward of unspent FY 2017 funds used for the installation of a fire hydrant at the Sherando Park attached memo, p. 66. 8.Discussion is requested on committee and commission compensation. The recommends the changes per the attached information, p. 67. 9.() The committee will continue discussion on the airplane tax rate. See attached information, p. 68  74. The committee requested continued discussion at the next committ 10.() The committee will continue discussion on real property tax reli information, p. 75  76. The committee concluded discussions on the topic. 11.() The Finance Director presents FY 2017 Year End financial information. See attached, p. 77  92. No action required. 12.() The FCPS Finance Director provides FY 2017 Year End financial information and is available for discussion. See attachment, p. 93  119. No action required. 13.The FCPS Finance Director requests School Operating Fund and General Fund supplemental appropriations in the amount of $285,003.55. This amount represents grant funds received during FY 2017 for specific purposes. See attached memo, p. 120. The committee recommends approval. 14.() The FCPS Finance Director requests School Operating Fund and General Fund supplemental appropriations in the amount of $997,264.55. This amount represents unspent FY 2017 funds to be spent on buses. Local funds are required. See attached memo, p. 120. The committee postpones the request awaiting further information. 2 Finance Committee Report and Recommendations September 20, 2017 Page 3 15.The FCPS Finance Director requests School Operating Fund supplemental appropriation in the amount of $502,498.66. This amount represents the FY 2018 Preschool Expansion Grant. No local funds are required. See attached memo, p. 120. The committee recommends approval. 16.The FCPS Finance Director requests School Operating Fund supplemental appropriation in the amount of $100,000. This amount represents a grant award from the National Oceanic and Atmospheric Administration. No local funds are required. See a 120. The committee recommends approval. 17.() The Finance Director provides updated debt service information reflecting the $27 million for the 12th elementary school, and is available for discussion. See attache p. 121  125. No action required. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for August 2017. See attached, p. 126. 2.The Finance Director provides financial statements ending August 31, 2017. See attached, p. 127  137. 3.The Finance Director provides an FY 2018 Fund Balance Report end attached, p. 138. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By ___________________________ Cheryl B. Shiffler, Finance Director 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 --------------------------------------------------------- Sharon Kibler 33 XÄÄxÇ XA `âÜÑ{ç 34 § 58.1-3651. (Effective January 15, 2018) Property exempt from taxation by classification...Page 1of 3 Code of Virginia Title 58.1. Taxation Chapter 36. Tax Exempt Property This section has more than one version with varying effective dates. Scroll down to see all versions. § 58.1-3651. (Effective until January 15, 2018) Property exempt from taxation by classification or designation by ordinance adopted by local governing body on or after January 1, 2003. A. Pursuant to subsection 6 (a) (6) of Article X of the Constitution of Virginia, on and after January 1, 2003, any county, city, or town may by designation or classification exempt from real or personal property taxes, or both, by ordinance adopted by the local governing body, the real or personal property, or both, owned bya nonprofit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. The ordinance shall state the specific use on which the exemption is based, and continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is cla organization that has any rule, regulation, policy, or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. B. Any ordinance exempting property by designation pursuant to sg with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in the countycity, or town where the real property is located. The notice shall include the assessed value of the real and tangible personal proty taxes assessed against such property. The public hearing shall not be held until at least five days after the notice is published in the newspaper. The local governing body shall collect the cost of publication from the organization requesting the property tax exemption. Before adopting any such ordinance the governing body shall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been c Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organizatio is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common goo 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates , or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exemp 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. C. Any ordinance exempting property by classification pursuant t hearing with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in thetil at least five days after the notice is published in the newspaper. D. Exemptions of property from taxation under this article shall be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia. 35 http://law.lis.virginia.gov/vacode/title58.1/chapter36/section58.1-3651726201 ///7 § 58.1-3651. (Effective January 15, 2018) Property exempt from taxation by classification...Page 2of 3 E. Nothing in this section or in any ordinance adopted pursuant to this section shall affect the validity of either a classification exemption or a designation exemption granted by the General Assembly prior to January 1, 2003, pursuant to Article 2 (§ 58.1-3606 et seq.), 3 (§ 58.1-3609 et seq.) or 4 (§ 58.1-3650 et seq.) of this chapter. An exemption granted pursuant to Arti58.1-3650 et seq.) of this chapter may be revoked in accordance with the provisions of § 58.1-3605. 2003, c. 1032; 2004, c. 557. § 58.1-3651. (Effective January 15, 2018) Property exempt from taxation by classification or designation by ordinance adopted b local governing body on or after January 1, 2003. A. Pursuant to subsection 6 (a)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, any county, city, or town may by designation or classification exempt from real or personal property taxes, or both, by ordinance adopted by the local governing body, the real or personal property, or both, owned bya nonprofit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. The ordinance shall state the specific use on which the exemption is based, and continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is cla organization that has any rule, regulation, policy, or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex, or national origin. B. Any ordinance exempting property by designation pursuant to sg with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in the countycity, or town where the real property is located. The notice shall include the assessed value of the real and tangible personal proty taxes assessed against such property. The public hearing shall not be held until at least five days after the notice is published in the newspaper. The local governing body shall collect the cost of publication from the organization requesting the property tax exemption. Before adopting any such ordinance the governing body shall consider the following questions: 1. Whether the organization is exempt from taxation pursuant to 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Board of Directors of the VirginiaAlcoholic Beverage Control Authority to such organiz 3. Whether any director, officer, or employee of the organizatio is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common goo 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates , or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exemp 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. C. Any ordinance exempting property by classification pursuant t hearing with respect thereto, at which citizens shall have an opportunity to be heard. The local governing body shall publish notice of the hearing once in a newspaper of general circulation in thetil at least five days after the notice is published in the newspaper. D. Exemptions of property from taxation under this article shall be strictly construed in accordance with Article X, Section 6 (f) of the Constitution of Virginia. E. Nothing in this section or in any ordinance adopted pursuant to this section shall affect the validity of either a classification exemption or a designation exemption granted by the General Assembly prior to January 1, 2003, pursuant to Article 2 (§ 58.1-3606 36 http://law.lis.virginia.gov/vacode/title58.1/chapter36/section58.1-3651726201 ///7 § 58.1-3651. (Effective January 15, 2018) Property exempt from taxation by classification...Page 3of 3 et seq.), 3 (§ 58.1-3609 et seq.) or 4 (§ 58.1-3650 et seq.) of this chapter. An exemption granted pursuant to Arti58.1-3650 et seq.) of this chapter may be revoked in accordance with the provisions of § 58.1-3605. 2003, c. 1032; 2004, c. 557; 2015, cc. 38, 730. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 7/26/2017 Virginia Law Library Helpful Resources For Developers Follow us on Twitter ? The Code of Virginia, Constitution of The Virginia Law website data is available Virginia, Charters, Authorties, Compacts Virginia Code Commission via a web service. and Uncodified Acts are now available in Virginia Register of Regulations both EPub and MOBI eBook formats. U.S. Constitution 37 http://law.lis.virginia.gov/vacode/title58.1/chapter36/section58.1-3651726201 ///7 ORDINANCE [date] The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-153 (Property exempted from taxation by designation) of Article XXV (Exemption for Nonprofit Organizations) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-153 (Property exempted from taxation by designation) of Article XXV (Exemption for Nonprofit Organizations) of Chapter 155 (Taxation) of the Code of bold underline Frederick County, Virginia, as follows (additions are shown in and bold strikethrough deletions are shown in ): CHAPTER 155 TAXATION Article XXV Exemption for Nonprofit Organizations § 155-153 Property exempted from taxation by designation. A. The real or personalproperty of an organization designated by the Board of Supervisors and used by such organization exclusively for one or more of the purposes as set forth in Article X, Section 6(a) of the Constitution of Virginia shall be exempt from taxation so long as such organization is operated not for profit and the property so exempted is used in accordance with the purpose(s) for which the organization is classified. The indicated real or personal property of each of the following organizations is so designated by the Board of Supervisors pursuant to this section: 1. ARC-Northern Shenandoah Valley, Incorporated, The (formerly known as Winchester-Frederick County Association for Retarded Citizens and as Northern Shenandoah Valley Association for Retarded Citizens, Inc., The) – tax parcels 54J-2-3-59,, 54J-2 3-60 and 54J-2-3-61; 2. Belle Grove, Inc. – tax parcels 90-A-33A and 90-A-37; 3. Blue Ridge Hospice, Inc. – personal property of thrift shop in Stephens City; 4. Cedar Creek Battlefield Foundation, Inc. – tax parcels 90-A-23A, 90-A-23B, 90- A-32A, 90-A-34, 90-A-55, 90-A-59A, and 91-A-28C; 1 38 5. Conservation Club [Winchester- Frederick County Conservation Club, Inc.] – tax parcels 19-A-27, 19-A-49, 19-A-50, 19-A-51, 19-A-52E, 19-A-53A, 19-A-81A, 29- A-37B, 29-A-38, and 29-A-43B; 6. Fort Collier Civil War Center, Inc. – tax parcel 54-A 81G; 7. Frederick United Methodist Housing Development Corp. – tax parcel 75-A-80B; 8. Kernstown Battlefield Association, Inc. – tax parcels 63-A-6A, 63-A-7A, 63-A-18, 63-A-18A, 63-A-18B, 63-A-18C, and 63-A-18D; 9. Leary Educational Foundation, Inc. – tax parcels 6-A-17 and 6-A-18; 10. Nature Conservancy, The – tax parcels 48-A-45 and 48-A-47; 11. NW Works, Inc. (formerly known as Northwestern Workshop, Inc.) – tax parcel 75-A-1F; 12. People-to-People Health Foundation, Inc., The (Project Hope) – tax parcel 64-A- 40C; 13. Potomac Appalachian Trail Club – tax parcels 19-A-41D, 28-A-119A, 48-A-29C, 48-A-33A, 48-A-37, 48-A-37I, 48-A-37A, 48-A-37R, 48-A-49B, and 49-1-2-48; 14. Salvation Army, The – tax parcel 54-A-36F; 15. Shenandoah Valley Battlefields Foundation – tax parcels 43-A-154, 43-A-155, 43-A-159A, 54-A-1B, 54-A-1C, 54-A-88, 54-A-89C, 54-A-90, 55-A-3, and 55-A-4; 54J-2-3-59, 16. Shenandoah Valley Community Residences, Inc. – tax parcels 54N- , 2-2-32 and 65H-12A-108; 17. Stone House Foundation – tax parcels 74A03-A-77, 74A03-A-141, 74A03-A-142, 74A03-A-144, and 74A03-A-146; 18. Wayside Foundation for the Arts, Inc., The – tax parcel 91B-1-B-27; 19. Winchester Chapter of the Izaak Walton League – tax parcels 77-A-72 and 77-A- 76A; 20. Woodmen of the World – tax parcel 54E-8-33; and 21. Youth Development Center, Inc., The – tax parcel 63-A-110B. B. Each organization which owns real property exempt from taxation pursuant to designation of the Board of Supervisors or pursuant to designation of the General Assembly shall file triennially, commencing on November 15, 2014, an application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The Commissioner of the Revenue shall send notice of this requirement to each such organization by not later than September 15 preceding the November 15 on which such application is due. Such application shall show the ownership and usage of such property, and such other information as the entity deems desirable, for the property for which retention of such exemption is sought. C. Exemptions of property from taxation under this article shall be strictly construed in accordance with the provisions of Article X, Section (6)(f) of the Constitution of 2 39 Virginia. Enacted this ____ day of ____, 2017. Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Robert W. Wells ____ Blaine P. Dunn ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ A COPY ATTEST __________________________ Kris C. Tierney Frederick County Administrator 3 40 Millions MEMORANDUM TO: Cheryl Shiffler, Director of Finance FROM: Joe C. Wilder, Director of Public Works SUBJECT: Supplemental Appropriation Requests DATE: September 5, 2017 ______________________________________________________________________________ In a regularly scheduled meeting held on August 29, 2017, the Public Works Committee endorsed the following supplemental appropriation requests: a. Request for $50,000.00 for the Frederick County Esther Boyd Animal Shelter (See attachment 1 for justification of request): b. Request for $10,000.00 Frederick County Esther Boyd Animal Shelter (See attachment 1 for justification of request) c. Presentation of Pro Forma Analysis andFY 2019 budget recommendations (See attachment 2): Please include the above supplemental appropriation requests and the Pro Forma informational presentation on the next Finance Committee agenda. JCW/kco Attachments: as stated cc: Sharon Kibler, Assistant Finance Director file 61 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works SUBJECT: Frederick County Esther Boyd Animal Shelter Subcommittee Recommendations for Building Addition and Supplemental Appropriation Requests DATE: August 25, 2017 __________________________________________________________________________________________ On Wednesday, August 9, 2017, the subject subcommittee met to discuss the possible building addition at the Frederick County Esther Boyd Animal Shelter. The subcommittee was made up of the following members: Staff Members: Kathy Whetzel Amy Feltner Holly Grim Steve Richman Mark Fleet Joe Wilder Board and Citizen Members: Gene Fisher Whit Wagner Ed Strawsnyder After some discussion, the subcommittee made the following recommendations: 1. Construct a stand-alone building on the northwest part of the site as shown on the attached drawing. (attached sketch) 2. Construct the building to match the existing brick portion of the building with a flat roof and covered walkway between buildings. 3. Define the use of the building as a training facility, but will be used for multiple functions. 4. Use masonry construction with epoxy coated walls and concrete floors with a special coating to assist in maintaining a clean environment in the building. 5. Provide accessible site, expanded parking lot, separate secured entrance, accessible restrooms, a maintenance room, office area and intercom system with the new building. 62 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 Page 2 Public Works Committee/Landfill Oversight Committee August 25, 2017 6. Procure services by local architect to develop plans for construction. I am recommending that staff be allowed to move forward with commencing design of the building based on these recommendations. As you are aware, the Animal Shelter has been the beneficiary of almost one million dollars in donations over the past year. These donated funds have been placed in a separate Reserved Fund, line item 10-240-2501. About 75% of the funds can be used for a purpose that the county and staff determine to be of the most beneficial use. It was recommended by staff and the Public Works Committee that a building addition be constructed to provide a long term benefit to the Animal Shelter and the community. We are therefore requesting a supplemental appropriation in the amount of $50,000.00 to be placedin Professional Services Engineering/Design, line item 10-4305-3002-02from the Reserved Fund, line item 10-240-2501. This will allow staff to procure engineering and architectural services to develop a site plan and architectural plans for a building addition at the Animal Shelter. Our plan is to have design plans completed by the end of the year and be back to this committee for further review. Also, about 25% of the donated funds were earmarked to expand the existing spay/neuter program. Therefore, we are requesting a supplemental appropriation in the amount of $10,000.00 to be placed in Professional Health Services, line item 10-4305-3001-00.These funds will allow staff to expand our current program and assist with more adoptable animals being spayed and neutered. We recommend both requests be forward to the Finance Committee for further review and approval and on to the Board of Supervisors if recommended by this committee. JCW/kco Attachments: as stated cc: Kathy Whetzel, Animal Shelter Manager file 63 107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000 64 65 66 67 68 69 70 71 72 73 74 75 76 Executive Director of Financecameryp@fcpsk12.net D ATE:September 5, 2017 T O: School Board Finance Committee Members David T. Sovine, Ed.D., Superintendent of Schools F: ROM Patty Camery, Executive Director of Finance S UBJECT: Financial Reports for Fiscal Year 2016-17 Attached are the year-end financial reports for fiscal year 2016-17. As of the date of this report, the financials are unaudited. Included are the statements of operations for all funds managed by the school system. This report summarizes the key activities within each fund. Table of Contents Fund Report UUUU School Operating Fund Page 3 School Nutrition Fund Page 8 School Textbook Fund Page 10 School Capital Projects FundPage 12 School ConstructionFundPage 14 School Debt ServiceFundPage 16 School Health Insurance Reserve Fund Page 18 Northwestern Regional Educational Programs Funds Page 20 Consolidated Services Fund Page 22 Special Grants Fund Page 24 Private Purpose Funds Page 26 Please refer to the respective financial statement as you procee 93 This page intentionally left blank 94 School Operating Fund The unobligated surplus for the fiscal year 2017 school operating fund is $997,265, which is 0.64% of the $155,066,258 total school operating fund budget. The operational highlights of the fiscal (and school year) 2016-2017 Expanded the instructional coaching model to collaborate with teachers throug professional development and instructional strategies that direc Opened the replacement Frederick County Middle School Expanded the 1:1 technology initiative at the elementary and high school levels Served 13,246 students compared to a projected 13,117 student enrollment Summary budget statistics 1.The original (beginning) budget for the school operating fund for FY 2017 was $153,211,000. 2.Budget adjustments of $1,855,258 resulted in the current budget balance of $155,066,258 and included the following: a.encumbrance or undelivered commitments of $903,813 b.carry-forward restricted grant receipts of $211,634 from FY 2016 c.carry-forward surplus funds for facilities and transportation of $458, Summary financial statistics 1.Actual FY 2017 revenues in the school operating fund were $154,365,531. 2.Actual FY 2017 expenses and encumbrances totaled $153,083,263. 3.Obligations for restricted programs in the amount of $285,004 are a part of the year-end surplus and are reserved for appropriation to FY 2018. 4.An unobligated amount of $997,265 remained at year-end. Key factors contributing to the school operating fund surplus ar Budget Actual Variance State revenue (more students offset by $ 55,914,040$ 56,493,855 $579,815 compensation supplement loss) State sales tax $ 14,883,266$14,560,987 ($322,279) Budgetary expense surplus  payroll, schools, $147,141,373 $146,371,267$770,106 and departments All other variances ($ 30,377) Unobligated Surplus for FY 2017 $ 997,265 The remaining portion of this section explains the financial activity and resulting variances. 95 School Operating Fund  Continued 16BU Understanding the Operating Fund Variances The financial statement for the School Operating Fund is presented in a format reflecting two components of financial activity: unrestricted and restricted programs. The majority of the school divisions programs and operations are funded by state and local funds in the unrestricted component. While the scho division must maintain minimum standards of quality with a mandated local match in most cases, school board allocates those funds with discretion aligned to planning goals. Therefore, the expenditures in this component are referred to as unrestricted. The restricted program section shows the activity of grant funds received for specific use on designated programs. The budget and related financial activity align with the gran period, creating budget to actual variances which tend to be misunderstood as local surpluses or deficits. For this reason, the format shown is designed to assist the reader with the distinction between th Summary of Revenues and Expenditures Unrestricted revenues exceeded expenditures by $1,347,762 [line 11]. The variance for each revenue source and expenditure category is described in the following te This amount is offset by $65,494 in restricted program variances [line 14] resulting in the total operating fund surplus of $1,282,268 [line 15], which is then reduced by $285,004 in carryforward obligations. The final result is $997,265 in un-obligated surplus for FY 2017. Unrestricted Revenues: $148,373,097 [line 6] U Local Sources [line 1] $703,520 in miscellaneous local revenue was received, including fees and charges to students and the public, as well as billings to other agencies, gifts and donations, rebates and refunds, rental charges for the use of school division facilities, and eRate reimbursing funds. Funds received from these sources were more than projected by $4,382. Commonwealth [line 2] $71,054,842 in state revenues were received including Standards of Quality (SOQ) funding, sales tax receipts, incentive funding, categorical funding, lottery funds, and some miscellaneous funds were more than budgeted by $257,536. SOQ funding was more than budgeted by $702,360 due to greater than projected student enrollment. Sales tax funding was less than budgeted by $322,279 due to less sales tax collections received by the Commonwealth than was planned by the Virginia Department of Taxa Incentive accounts were $417,302 less than budgeted due to elimi funds to address a projected budget shortfall at the state level. All other state funding received was greater than budgeted by $294,757  again primarily due to more than expected enrollment. Federal Government [line 3] $2,129 in unrestricted, federal program revenues were received. A small amount of funding is provided each year based on the amount of federal land in the county. There is no notable variance in this section. Local Government and Transfers [lines 4-5] $76,612,605 were received from the Countys General Fund  local government dollars. This total includes the prior year encumbrance and grant obligations, as well as the current year funding support from the local governing body. 96 School Operating Fund  Continued Unrestricted Expenditures: $147,025,335 [line 10] Instruction [line 7] $108,546,079wereexpended for instructional purposes and includes costs incurred forclassroom instruction, student support services, library and media service school administrative offices in the areas of regular education, special education, vocational gifted education, and the other categories of instruction. Seventy-four percent of all expenditures are in this category. The positive variance of $374,718 is attributable to expenditure savings throughout the schools and instructional departments. 17B Instructional and Administrative Technology [line 8] $7,401,454 were expended for costs associated with division technology - instructional, administrative, and operational categories. Savings in vehicle fuel and employee compensation due to personnel turnover provided some funding to expand the school divisions 1:1 student technology dice initiative to additional grade levels and address device replacement cycles. Support Services [line 9] $31,077,802 were expended for costs associated with supporting the operations of the school division, including administration, services related to students attendan maintaining facilities. The $331,889 positive variance is the net of personnel and operational expenditures. The majority of this positive variance is due to residual fuel, vehicle maintenance, and utility savings. Restricted program revenues and expenditures [ lines 12 - 14] Restricted Programs provide funding for specific initiatives. T student populations or capabilities. Restricted program funding reporting criteria. The vast majority of restricted revenues come from the federal government, but a few are from state or miscellaneous sources. Restricted program revenues tot992,434 for FY 2017, and program expenditures totaled $6,057,928. The resulting negative balance of $65,494 represents an amount of additional local funding toward those specific program budgets. FY2017 Un-obligated Surplus $997,265 [lines 15-17] (Revenues in Excess of Expenditures) The total surplus for FY 2017 of $1,282,268 is reduced by the amount of revenue received for a special purpo but has not yet been encumbered. These funds are considered obligations against the surplus funds, total $285,004, and include: 1) $146,151 for SOL Algebra Readiness, 2) $97,919 for the Apple Federal Credit Union mentor teacher program, 3) $19,379 for eRate, 4) $12,466 for project graduation, 5) $6,702 for VA tiered systems of support, 6) $2,000 for career switcher program, and 6) $387 for the VA Star program. A separate appropriation request will be submitted for these amounts to be approved by th The unobligated surplus for FY 2017 is $997,265. 97 Frederick County Public Schools School Operating Fund Year Ended June 30, 2017 [a][b][c][d][e] 2015-162016-172016-172016-17Variance Actual*OriginalAdjusted Actual*from BudgetBudgetAdj. Budget SUMMARY Revenue from Local/Other Sources$ 988,752 $ 1,083,436$ 958,335 $ 986,746 $ 28,411 Revenue from the Commonwealth$ 69,264,017$ 72,393,717$ 71,909,842$ 72,102,244$ 192,402 Revenue from the Federal Government$ 4,277,024$ 4,695,674$ 5,585,476$ 4,663,936$ (921,540) Revenue from Local Governing Body72,781,07275,038,17376,612,605$ 76,612,6050 TOTAL REVENUES $ 147,310,865$ 153,211,000$ 155,066,258$ 154,365,531$ (700,727) [A] Instruction$ 106,007,430$ 110,467,323$ 108,920,796$ 108,546,079$ 374,718 Instruction - Restricted Programs5,430,1236,707,6397,264,2856,057,9281,206,357 Technology - Instructional & Administrative7,377,8066,473,4967,471,4857,401,45470,031 Support Services27,824,88729,562,54231,409,69131,077,802331,889 TOTAL EXPENDITURES $ 146,640,246$ 153,211,000$ 155,066,258$ 153,083,263$ 1,982,995 [B] * Actual fiscal year expenditures includes encumbrances REVENUE OVER EXPENDITURES [C]$ 670,619 $ -$ -$ 1,282,268 [D]Obligated Funds-Special Programs$ 211,634 $ 285,004 [E]LOCAL FUNDS UNOBLIGATED AT JUNE 30$ 458,985 $ 997,265 [F]Percentage Surplus of Total Budget0.31%0.64% Unrestricted Revenues [1]Revenue from Local Sources$ 902,888 $ 774,046$ 699,138$ 703,520 $ 4,382 [2]Revenue from Commonwealth$ 68,215,167$ 70,820,758$ 70,797,306$ 71,054,842$ 257,536 aStandards of Quality (SOQ) 49,025,971 50,568,427 50,541,791 51,244,151 702,360 bSales Tax 14,338,077 14,883,266 14,883,266 14,560,987 (322,279) cIncentive Accounts 1,128,556 1,071,378 935,302 518,000 (417,302) dCategorical 101,927 101,152 101,152 88,762 (12,390) eLottery-Funded Programs 3,361,009 4,026,035 4,045,249 4,370,805 325,557 fMiscellaneous State 259,627 170,500 290,546 272,136 (18,410) [3]Revenue from Federal Government$ 7,987$ 5,000$ 6,254$ 2,129$ (4,125) [4]Transfers/ CarryOver/ Prior Year Encumbrances$ 705,004 $ -$ 1,574,432$ 1,574,432 - [5]Local Funds -Board of Supervisors$ 72,076,068$ 75,038,173$ 75,038,173$ 75,038,173$ - [6]Total Unrestricted Revenues$ 141,907,114$ 146,637,977 $ 148,115,303 $ 148,373,097$ 257,794 Unrestricted Expenditures [7]Instruction$ 106,007,430$ 110,467,323 $ 108,920,796 $ 108,546,079$ 374,718 aRegular education 79,906,077 81,927,610 80,723,303 80,583,184 140,119 bSpecial education 16,449,211 18,536,393 18,120,578 17,944,484 176,094 cVocational education 7,284,751 7,459,066 7,593,368 7,591,854 1,513 dGifted education 840,579 935,514 936,439 900,416 36,023 e Other education 1,328,522 1,339,908 1,329,634 1,308,666 20,968 fSummer School 181,376 251,918 200,560 200,560 - gAdult education 16,914 16,914 16,914 16,914 - [8]Instructional & Administrative Technology$ 7,377,806$ 6,473,496$ 7,471,485$ 7,401,454$ 70,031 aInstructional technology 1,791,348 1,063,122 1,535,415 1,524,902 10,513 bInstructional support technology 3,201,994 3,327,359 3,489,389 3,457,861 31,529 cAdministrative support technology 2,384,464 2,083,015 2,446,681 2,418,691 27,990 [9]Support Services$ 27,824,887$ 29,562,542$ 31,409,691$ 31,077,802$ 331,889 aAdministration, Attendance & Health 6,316,279 6,771,401 6,778,816 6,629,360 149,456 bPupil Transportation Services 8,122,430 8,767,835 8,795,504 8,762,472 33,032 cOperation and Maintenance 12,722,190 13,251,074 14,729,030 14,585,095 143,935 dFacilities 188,376 206,887 540,996 540,924 72 e Fund Transfers 475,612 565,345 565,345 559,951 5,394 [10]Unrestricted Expenditures$ 141,210,123$ 146,503,361 $ 147,801,973 $ 147,025,335$ 776,638 [11]Unrestricted Revenue Over/(Under) Expense$ 696,991 $ 1,347,762 98 Year Ended June 30, 2017 [a][b][c][d][e] 2015-162016-172016-172016-17Variance Actual*OriginalAdjusted Actual*from BudgetBudgetAdj. Budget Restricted Programs Revenue from Local/Other Sources$ 85,864 $ 309,390$ 259,197$ 283,226 $ 24,029 aeRate Program 26,911 92,390 125,809 124,414 (1,395) bBridges to Success-Apple Federal CU 30,000 30,000 49,228 99,228 50,000 cNOAA Grant 28,953 - 30,841 22,531 (8,310) dClaude Moore Foundation - - 38,629 37,052 (1,576) e 187,000 14,690 - (14,690) Excess Appropriation Revenue from Commonwealth$ 1,048,851$ 1,572,959$ 1,112,536$ 1,047,402$ (65,134) aRegional Juvenile Detention Center 542,928 545,671 559,448 562,026 2,578 bSpecial Education - In-Jail 87,653 92,000 92,868 92,856 (12) cEarly Reading Intervention 236,721 237,140 237,140 175,811 (61,329) dSOL Algebra Readiness 119,200 115,437 115,437 119,747 4,310 eOther Special State Programs62,34932,711105,61296,962 (8,650) Excess Appropriation - 550,000 2,031 - (2,031) f Revenue from Federal Government$ 4,269,037$ 4,690,674$ 5,579,222$ 4,661,806$ (917,415) aTitle I, Part A 1,313,086 1,571,643 1,914,469 1,603,511 (310,958) bTitle I, Part D 81,262 73,099 55,004 53,988 (1,016) cTitle II, Part A Improve Teacher Quality 226,003 264,152 374,578 228,955 (145,623) dTitle III, Part A LEP 70,816 62,361 71,289 39,965 (31,325) eTitle VI-B IDEA Regular 2,387,535 2,429,347 2,695,349 2,543,464 (151,885) fTitle VI-B IDEA Preschool 41,226 41,226 41,226 44,592 3,366 gPerkins Vocational 149,108 148,846 146,481 146,981 500 hVirginia Preschool Initiative Plus - - 280,825 350 (280,475) iExcess Appropriation - 100,000 - - - [12]Total Restricted Revenues$ 5,403,751$ 6,573,023$ 6,950,955$ 5,992,434$ (958,521) Restricted Program Expenditures aeRate Program 27,015 92,390 125,809 78,020 47,789 bBridges to Success - Apple Federal CU 10,772 30,000 49,228 1,309 47,919 cClaude Moore Foundation - - 38,629 37,052 1,576 dTitle II, Part B NOAA Grant 29,606 - 30,841 23,203 7,638 eRegional Juvenile Detention Center 536,396 545,671 559,448 556,944 2,504 fSpecial Education - In-Jail 87,653 92,000 92,868 92,856 12 gEarly Reading Intervention 241,518 270,180 270,180 264,619 5,561 hSOL Algebra Readiness 149,812 188,900 317,663 178,565 139,098 iOther Special State Programs89,45165,696150,829125,995 24,834 jTitle I, Part A 1,313,086 1,571,643 1,917,059 1,605,085 311,974 kTitle I, Part D 113,343 109,453 133,800 134,990 (1,190) lTitle II, Part A Improve Teacher Quality 226,003 264,152 374,578 228,955 145,623 mTitle III LEP 70,816 62,361 71,289 39,965 31,325 nTitle VI-B 2,387,535 2,429,347 2,695,036 2,543,539 151,497 oPerkins Vocational 147,119 148,846 146,481 146,481 - pVirginia Preschool Initiative Plus - - 280,825 350 280,475 qExcess Appropriation - 837,000 9,721 9,721 [13]Total Restricted Expenditures$ 5,430,123$ 6,707,639$ 7,264,285$ 6,057,928$ 1,206,357 [14]Restricted Revenue Over/(Under) Expense$ (26,372)$ (65,494) [15]All Revenue Over/(Under) Expense$ 670,619 $ 1,282,268 [16]Obligated Funds-Special Programs 211,634285,004 [17]LOCAL FUNDS UNRESTRICTED AND UNOBLIGATED AT JUNE 30$ 458,985 $ 997,265 99 School Nutrition Fund The food service operation completed the FY 2017 with revenues in excess of expenditures of $472,149, which increases the fund balance to $2,414,992. Of this fund balance, $235,775 is the value of inventory at year-end and is categorized as non-spendable. The School Nutrition Services Program served meals ov80 days. Even though the fund continues to realize a profit, revenue was less than expected due to a decline in the number of students buying meals. On average, 47 percent of the student membership participated in the food service program. Expenditures were significantly less than expected for the associated number of meals served. Equipment expenses were also less than planned. 1,141,554 lunches and 338,809 breakfasts were served throughout the 2016-2017 school year, which were 32,079 less meals than budgeted. The lunch prices for a full meal were60 for elementary, $2.85 for middle, and $2.85 regular lunch/$2.95 pizza lunch for high school students. Other items were sold on an à la carte basis. The division food service operation produced an av14.38 meals per labor hour  8,359 equivalent meals daily. As of June 2017, 35.5% of students were eligible for free or reduced-priced meals. Revenue Variances: Compared to budget, revenues were $49,378 less than expected. The variance is the result of two main components: lunch sales and federal meal reimbursement through the National School Lunch sales for full-priced meals were $169,769 lower than expected. This variance is attributed to less than expected number of students participating who pay full price for meals. Federal subsidies were $94,499 greater than planned. This increase in revenue reflects changes in student meal participation patterns. Expenditure Variances: Compared to budget, expenditures were less than expected. $1,578,143 of the total expenditure variance represents appropriation of prior year fund balance. The excess if needed. The other operational variances are the result of the following: Labor cost was $232,492 less than planned. Productivity gains were realized and overtime and substitute costs were less than anticipated. Food and supply costs were $175,626 less than planned. The average food cost per meal was $1.19 for FY 2017, which was eight cents less than budgeted. Contracted services, utilities, travel, and other miscellaneous expenses ended the year with a positive variance of $9,939. Capital outlay represents the purchase of new or replacement equipment which realized a positive variance of $103,470. 100 Frederick County Public Schools School Nutrition Fund Year Ended June 30, 2017 [a][b][c][d][e] AdjustedVariance ActualActualBudgetActualfrom 2014-20152015-20162016-172016-2017Adj Budget [1]Beginning Balance July 1$ 1,368,808 $ 1,559,508$ 1,578,143 $ 1,942,843 $ 364,700 Revenues: [2]Interest on Bank Deposits$ 2,902$ 4,085 $ 2,902$ 9,587$ 6,685 [3]Type A Lunches1,507,2271,535,6001,702,6781,532,909(169,769) [4]Breakfast Program102,006120,476132,476143,70911,233 [5]All Other Sales and Adults588,632586,691614,369619,0884,719 [6]Other Receipts69,14678,44472,36369,785(2,578) [7]State School Food Payments86,54989,22785,40796,63411,227 [8]Federal Meals Reimbursement2,328,3302,469,0582,474,4192,568,91894,499 [9]Transfers From School Operating 24,064 5,873 7,000 1,606(5,394) [10]Total Revenues$ 4,708,855 $ 4,889,454$ 5,091,614 $ 5,042,236 $ (49,378) Total Revenues and Beginning Balance 6,077,663 6,448,962 6,669,757 6,985,079 Expenditures: [11] Salaries$ 1,745,169 $ 1,759,359$ 1,973,854 $ 1,801,735 $ 172,119 [12] Fringe Benefits644,130609,765751,686691,313 60,373 [13] Contractual Services62,19961,94668,68365,936 2,747 [14] Utilities, Travel and Misc52,01051,60558,75951,567 7,192 [15] Food and Supplies1,945,8851,994,8022,120,5751,944,949 175,626 [16] Capital Outlay68,76328,642118,05714,587 103,470 -1,578,143 - 1,578,143 [17] Appropriation Fund Bal. - Prior Year - [18]Total Expenditures$ 4,518,155 $ 4,506,119$ 6,669,757 $ 4,570,087 $ 2,099,670 [19]Revenue Over / (Under) Expenditures$ 190,700$ 383,335$ -$ 472,149 [20]Balance June 30$ 1,559,508 $ 1,942,843$ -$ 2,414,992 [21]Balance Nonspendable - Inventory$ 238,947$ 272,504$ 235,775 [22]Committed - reserve for encumbrance$ -$ -$ 78 [23]Assigned fund balance$ 1,320,561 $ 1,670,339$ 2,179,139 101 School Textbook Fund 3B The textbook fund finished the year with an increase of $971,914 resulting in a fund balance to $2,686,747. The primary source of revenue for this fund comes from the Stand Commonwealth. The state funds require a local match equal to th Beginning fund balance for the School Textbook Fund was $1,714,833. Revenues plus the beginning fund balance provide for the total available funds of $3,177,495. For FY 2017, state funds of $884,353 plus $558,345 in local matching funds, and $19,964 in miscellaneous receipts for interest and fees totaled $1,462,662 in revenue. Textbook purchases were made for replacements of worn textbooks, handwriting textbooks for grades 1 through 3, and math consumables. Total expenditures on textbooks and related activities equaled $490,748 for the year  less than planned due to delaying the purchase of new social studies textbooks at all levels and high school science textbooks until the next fiscal yportion of the expense total is for a clerical position attributable to maintaining the textbook inventory. The textbook fund balance increases and decreases over time as it supports the year-to-year disbursements driven by the timing of required textbook adoptions. Textbook fund balance is assigned to the next fiscal year to support required textbook adoptions. 102 Frederick County Public Schools School Textbook Fund Year Ended June 30, 2017 [a][b][c][d][e] 2014-152015-162016-172016-17 ActualActualBudgetActualVariance [1]Balance July 1$ 1,421,028$ 1,077,501 $ 1,714,833$ 495,584 $ 1,219,249 Revenues: [2] Interest on Bank Deposits$ 2,620 $ 3,882 $ 5,000$ 12,196$ 7,196 [3] Sale of Textbooks/ Lost Fees2,1441,1155,0007,7682,768 [4] Sale of Used Books3594171,500(1,500) [5] State Reimbursements787,033788,171877,358884,3536,995 [6] Transfers From Other Funds476,198469,739558,345558,3450 [7]Total Revenues$ 1,268,354$ 1,263,324 $ 1,462,662$ 15,459 $ 1,447,203 Expenditures: [8] Salaries$ 16,076$ 17,088$ 17,430$ 17,471$ (41) [9] Fringe Benefits4,0174,2044,4114,405 6 [10] Contractual Services 2,195 - - - - [11] Payments to Publishers1,589,593604,6992,461,608468,872 1,992,736 [12] Planned Carryforward to Next Year183,003 183,003 [13]Total Expenditures$ 1,611,881$ 625,991 $ 490,748$ 2,175,704 $ 2,666,452 [14]Revenues Over / (Under) Expenditures$ (343,527)$ 637,333$ (1,219,249)$ 971,914$ 2,191,163 [15]Balance June 30$ 1,077,501$ 1,714,833$ -$ 2,686,747 [16]Committed - reserve for encumbrance$ - $ - $ - [17]Assigned fund balance$ 1,077,501$ 1,714,833$ 2,686,747 103 School Capital Projects Fund 4B The school capital projects fund is a separate fund intended for the purchase of capital items that are not provided for in the annual school operating fund. This fund typically receives revenue from the local governing body through direct appropriation or through the trans balances in the school operating fund. The beginning fund balance of $4,099,481 was used to complete maintenance projects after July 1, 2016 and include: fire alarm replacement at James Wood High School, division-wide building automation management systems upgrade, roof replacement at Sherando High School, HVAC upgrade at school administration building, fire pump upgrade at Bass-Hoover Elementary School, chiller replacement at Armel Elementary School, and eight school bus replacements. As of June 30, 2017, these projects were in various stages of planning, completion, or payment. The balance of $1,220,061 will be carried forward into FY 2018. Some of the items listed above should be supported by a sufficient funding level in the operating fund because they are part of the larger scope of the annual operatin Restoration of such funding in the operating budget will allow f return to the practice of using it for special projects outside the norm of the operating fund, yet als fund. 104 Frederick County Public Schools School Capital Projects Fund Year Ended June 30, 2017 [a][b][c][d][e] Variance 2014-152015-162016-172016-17from ActualActualBudgetActualAdjusted Budget [1]Balance July 1 $ 858,814$ 647,957 $ 3,000,000$ 4,099,481$ 1,099,481 Revenues: [2]Other Receipts [3]Local Funds - Frederick County$ 542,594$ 4,314,747$ - $ - $ - [4]Transfers from Other Funds - - - - - [5]Transfers- Encumbrances from prior year - -1,332,857 - (1,332,857) Total Revenues$ 542,594$ 4,314,747 $ - $ (1,332,857) $ 1,332,857 Expenditures: [6]Capital Outlay$ 753,451$ 863,222 $ 4,332,857$ 2,879,420$ 1,453,437 [7]Total Expenditures$ 753,451$ 863,222 $ 4,332,857$ 2,879,420$ 1,453,437 [8]Fund Balance June 30$ 647,957$ 4,099,481$ - $ 1,220,061 [9]Committed - reserve for encumbrance$ 166,292$ 1,332,857$ 734,367 [10]Assigned fund balance$ 481,665$ 2,766,624$ 485,694 105 Construction Fund The active construction projects for FY 2017 were: construction of replacement for FCMS; continued design of the fourth high school; and continued design of the twelfth elementary school and Armel addition. A project-to-date summary is shown below and is provided in a different format on statement. The amounts shown in bold represent active project balances at y-end, which will be automatically re-appropriated in the next fiscal year to continue the project. Replacement FCMS: 12 th Elementary School: Beginning project amount $49,500,000.00 Beginning project amount $ 1,500,000.00 Expenditures through June 30, 2017 $(48,252,699.46) Expenditures through June 30, 2017 $( 1,050,204.40) O/S Encumbrances @ June 30, 2017 $( 1,174,232.59) O/S Encumbrances @ June 30, 2017 $( 338,858.40) $ Remaining project balance $ 110,937.20 Remaining project balance 73,067.95 . Cash received  bond proceeds $ 46,840,723.67 Cash received  bond proceeds $00 Cash received  premium proceeds $ 4,598,400.95 Cash received  premium proceeds $ .00 Cash received  interest earnings $ 103,268.15 Cash received  interest earnings $ .00 120,000.00 Cash received  easement proceeds $ Cash received  other sources $ 1,500,000.00 Cash transferred to other projects $( 2,108,015.62) Cash disbursed for project $( 1,050,204.40) Cash disbursed for project $(48,182,077.42) Accounts Payable @ June 30, 2017 $( 0.00) Accounts Payable @ June 30, 2017 $( 70,622.04) Cash/A/P balance @June 30, 2017 $ 449,795.60 Cash/A/P balance @June 30, 2017 $ 1,301,677.69 Fourth High School: Armel Additions: Beginning project amount $6,000,000.00 Beginning project amount $500,000.00 Expenditures through June 30, 2017 $(5,308,590.98) Expenditures through June 30, 2017 $( 471,563.00) O/S Encumbrances @ June 30, 2017 $( 249,195.47) O/S Encumbrances @ June 30, 2017 $( 7,770.00) Remaining project balance $ 442,213.55 Remaining project balance $ 20,667.00 Cash received  bond proceeds $2,734,850.00 Cash received  bond proceeds $ .00 Cash received  premium proceeds $ 209,216.97 Cash received  premium proceeds $ .00 4,733.58 Cash received  interest earnings $ Cash received  interest earnings $ .00 Cash transferred-undesignated fund $2,500,000.00 500,000.00 Cash received from other projects $ Cash received from other projects $ 230,199.17 Cash disbursed for project $( 471,563.00) Cash disbursed for project $(5,308,590.98) Accounts Payable @ June 30, 2017 $( 0.00) Accounts Payable @ June 30, 2017 $( 0.00) Cash/ A/P balance as of June 30, 2017 $ 28,437.00 Cash/A/P balance @June 30, 2017 $370,408.74 106 Frederick County Public Schools Construction Funds Year Ended June 30, 2017 [a][b][c][d] Cummulative ProjectPrior Years'2016-2017Project BudgetReceiptsActual ReceiptsReceipts [1]Balance July 18,620,571 Revenues: [2]Interest Income$ -$ 85,196$ 22,806$ 108,002 [3]Proceeds from Bond Sale 54,300,000 49,575,5740 49,575,574 [4]Other Receipts 3,200,000 7,549,801 0 7,549,801 [5]Miscellaneous - -0 - [6]Total Revenues$ 57,500,000 $ 57,210,57122,806$ 57,233,377 [a][b][c][d][e][f] CummulativeRemaining ProjectPrior Years'2016-2017ProjectOutstandingProject BudgetExpendituresActualExpendituresEncumbrancesBalance Expenditures: [7]Replacement FCMS$ 49,500,000 $ 42,914,2625,338,438$ 48,252,699 $ 1,174,233 $ 73,068 [8]Armel Elementary Additions 500,000 147,053324,510$ 471,563$ 7,770 $ 20,667 [9]Twelfth Elementary School 1,500,000 242,095808,110$ 1,050,204$ 338,858$ 110,937 [10]Fourth High School - land & design 6,000,000 5,286,591 22,000$ 5,308,591$ 249,195$ 442,214 [11]Total Expenditures$ 57,500,000 $ 48,590,0006,493,058$ 55,083, 058$ 1,770,056 $ 646,886 [12]Balance June 30$ 2,150,319 107 Debt Service Fund 6B The year-end balance in the debt service fund is $30,470. The fund balance is carried forward to offset the local share of debt service in the next fiscal year. During the fiscal year, FCPS received $94,742 in refinancing credits from VPSA and $276,973 from the federal government as an interest rebate subsidy for the Qualified School Construction Bonds (QSCB) program. Additionally, $15,972,475 was received from the county. These revenues plus the beginning fund balance were used for the principal, interest, and administrative expenses fo The FY 2017 principal, interest, and debt management fee payments totaled $16,427,599. The end of year fund balance is $30,470 and will be used toward the FY 2018 debt obligations. A summary of the outstanding indebtedness is shown below. Outstanding debt at June 30, 2016 $ 124,590,414 New debt incurred during FY 2017 $ 0 Principal payments on existing debt during FY 2017 ($ 10,863,296) Outstanding debt at June 30, 2017 $ 113,727,118 108 Frederick County Public Schools Debt Service Fund Year Ended June 30, 2017 [a][b][c][d][e] Variance 2016-17from 2014-152015-16Adjusted 2016-17Adjusted ActualActualBudgetActualBudget [1]Balance July 1$ 922,736$ 287,524$ 103,290 $ 113,879$ 10,589 Revenues: [2]State VPSA Credits$ -$ 76,264$ 94,742$ 94,742$ 0 [3]Federal - QSCB 275,783 277,270 275,782 276,973 1,191 [4]Local Funds - Frederick County 14,626,151 14,626,151 15,972,475 15,972,475 - [5]Transfers from Other Funds [6]Total Revenues$ 14,901,934 $ 14,979,685$ 16,342,999$ 16,344,190 $ 1,191 Expenditures: [7]Principal Payments$ 9,236,871$ 10,119,992$ 10,863,296$ 10,863,296 $ - [8]Interest Payments4,718,9095,017,438 5,557,9935,547,953 10,040 [9]Miscellaneous 15,050 15,900 25,000 16,350 8,650 [10]Total Expenditures$ 13,970,830 $ 15,153,330$ 16,446,289$ 16,427,599 $ 18,690 [11]Transfers to Other Funds$ 1,566,316$ - $ -$ - [12]Balance June 30$ 287,524$ 113,879$ -$ 30,470 [13]Committed - reserve for encumbrance$ -$ - $ - [14]Assigned fund balance$ 287,524$ 113,879$ 30,470 109 Insurance Reserve Fund 7B The insurance reserve fund accounts for premiums received and health claims employees. The fund balance is generated from medical and denta and employees exceeding insurance carrier payments for those cla Likewise, the fund balance could decrease for claims exceeding premiums paid. A range for projected claims expense and health care utilization is prepared by the insurance carrier. Premiums are set within the projected range. The health insurance program provided coverage for about 1,820 FCPS employees and retirees plus their dependents. The program includes two medical plan options, one vision, and one dental planall provided by Anthem. The two medical plan options are known as KeyCare 25 and the Health Savings Account (HSA) plan. Column [e] shows the current year activity compared to expected shown in columns [c] and [d]. Medical and dental claims, affordable care act and other expenses for FY 2017 were $17,321,578, significantly below the expected level of $18,855,616. The insurance reserve fund year-end balance increased by $639,098 to an ending balance of $2,517,960. The fund balance equates to just under two months of claims activity. The fund balance is assigned to suppfuture health claims. Columns [f] and [g] provide a range of activity projected for FY 2018. Overall, the fund needs to support about $19.8 million in expected claims for the FY 2018. It is important to maintain a fund balance sufficient to support claims exceeding the expected level. 110 Frederick County Public Schools Insurance Reserve Fund Year Ended June 30, 2017 [a][b][c][d][e][f][g] Maximum Maximum ExpectedClaimExpectedClaim ActualActualActivityLiabilityActualActivityLiability 2014-152015-162016-172016-172016-172017-182017-18 [1]Balance July 1$ 2,312,491$ 3,639,783$ 1,878,863$ 1,878,863$ 1,878,863$ 2,517,960$ 2,517,960[1] Revenues: [2]Interest on Bank Deposits$ 12,026 $ 15,395 $ 11,500$ 11,500$ 26,949 $ 20,000$ 20,000[2] [3]Health Insurance Premiums 16,094,732 16,345,445 18,844,116 18,884,116 17,931,992 19,763,734 19,763,734[3] [4]Donations/Grants/Other 2,865 1,505 1,735[4] [5]Total Revenues$ 16,109,623$ 16,362,345$ 18,855,616$ 18,895,616$ 17,960,676$ 19,783,734$ 19,783,734[5] Expenditures: [6]Contracted Activities$ 294,921$ 251,263$ 174,000 $ 174,000 $ 198,603$ 198,000 $ 198,000 [6] [7]Taxes & Fees 3,061 6,194 6,964[7] [8]Supplies 3,327 4,471 2,203[8] [9]Health Care Claims 14,788,283 16,763,280 17,681,616 20,333,858 16,022,741 18,465,606 21,235,447[9] [10]Dental Claims 1,002,916 1,098,057 1, 000,000 1, 000,000 1,091,069 1, 120,128 1, 120,128[10] [11]Total Expenditures$ 16,092,508$ 18,123,265$ 18,855,616$ 21,507,858$ 17,321,578$ 19,783,734$ 22,553,575[11] [12]Revenues Over (Under) Expenditures$ 17,115 $ (1,760,920)$ -$ (2,612,242)$ 639,098$ -$ (2,769,841)[12] [13]Balance June 30$ 2,329,606$ 1,878,863$ 1,878,863$ (733,379)$ 2,517,960$ 2,517,960$ (251,881)[13] 111 Northwestern Regional Educational Programs (NREP) Funds 8B Frederick County Public Schools is the fiscal agent for the NREP program. The school divisions of Winchester City and Frederick and Clarke Counties fund the program along with some federal and state dollars. The NREP program provides intense services to multiple disabled students, emotionally disabled students, autistic students, hearing impaired students, deaf/blind students, and preschoolers with various disabilities. The program also provides outreach services to daycares and home speech therapy services. About 250 students are served by this program. Total revenues were $4,767,709 and were $279,035 less than budgeted. This amount represents a reduction in the localities contributions due to the distributithe FY 2016 surplus of $292,243, as well as positive variances in interest earnings, tuition payments, and state grant funds of $13,208. Expenditure savings of $602,036 were realized throughout the year. The residual surplus is $315,243, which will be credited back to the localities in FY 2018. The residual surplus was generated from vacancy and turnover savings in personnel and reduced contracted costs for autism specialization services. The NREP textbook fund concluded the year with a fund balance of63,010. The fund balance is accumulated over time and is assigned to future disbursements driven by textbook adoption requirements. 112 Frederick County Public Schools Northwestern Regional Educational Programs (NREP) Funds Year Ended June 30, 2017 [a][b][c][d][e] 2014-152015-162016-172016-17Variance ActualActualAdjustedActualfrom OPERATING FUND BudgetAdj. Budget Balance at July 1 $ 220,262$ 218,442$ 300,000$ 292, 243$ (7,757) REVENUES: [1]Interest$ 1,196$ 1,61 5$ -$ 4,054$ 4,054 [2]Tuition7,4034,6467,4003,110(4,290) [3]Revenue from Commonwealth40,07837,45826,00039,44413,444 [4]Revenue from Federal Government - - - - - [5]Local Funds -- Frederick County, - - - - - Winchester City, and Clarke County4,456,7784,666,0665,013,3444,721,101(292,243) [6]TOTAL REVENUES$ 4,505,455$ 4,70 9,785$ 5,046,744$ 4,767,709$ (279,035) EXPENDITURES: [7]Instruction$ 3,662,691$ 3,79 1,549$ 4,152,980$ 3,884,791$ 268,189 [8]Administration, Attendance & Health183,113186,934196,742196,475267 [9]Pupil Transportation Services - - 2,917 2,917 - [10]Operations and Maintenance584,921580,897640,946607,36033,586 [11]Food Services - - - - - [12]Fund Transfers/Contingency25,00025,000300,000 - 300,000 [13]Technology51,55051,60453,15953,166(6) [14]TOTAL EXPENDITURES$ 4,507,275$ 4,63 5,984$ 5,346,744$ 4,744,708$ 602,036 Balance at June 30 [15]$ 218,442$ 292,243$ -$ 315,243 [16]Committed - reserve for encumbrance$ -$ -$ - [17]Assigned fund balance$ 218,442$ 292,243$ 315,243 TEXTBOOK FUND Balance at July 1 $ 13,409 $ 38,493$ 50,0 00$ 62,689$ 12,6 89 REVENUES: [1]Interest$ 85$ 163$ -$ 321$ 321 [2]Transfers from NREP Operating Fund25,00025,000 - - - [3]TOTAL REVENUES$ 25,085 $ 25,163$ -$ 321$ 321 EXPENDITURES: [4]Payments for textbooks$ -$ 967$ 50 ,000$ -$ 50,0 00 [5]TOTAL EXPENDITURES$ -$ 967$ 50 ,000$ -$ 50,0 00 Balance at June 30 $ 38,493 $ 62,689$ -$ 63,010 [6]Committed - reserve for encumbrance$ -$ -$ - [7]Assigned fund balance$ 38,493 $ 62,689$ 63,010 113 Consolidated Services Fund 9B The consolidated services fund accounts for the transaction activity associated with build provided to county buildings and the Handley Regional Library, a the school division and outside agencies. The transportation facility is located on Route 522 south and is equipped for fleet maintenance and fueling services to support the school division. Services are also provided to some county offices and departments, and volunteer fire and rescue stations. The facility operations include vehicle repairs, tire changing, washing and fueling, and inspections. The facility is staffed by heavy-duty and light-duty mechanics. Most of the service mechanics hold Automotive Service Excellence their respective fields. Fleet services are billed to user agencies on a cost recovery ba The charges are comprised of full recovery of all direct and indirect expens FY 2017 revenues totaled $2,531,730 and expenses totaled $2,562,444. Revenues are under expenditures by $30,714 which is absorbed by fund balance. 114 Frederick County Public Schools Consolidated Services Fund Year Ended June 30, 2017 [a][b][c][d][e] 2016-17Variance 2014-152015-16Adjusted2016-17from ActualActualBudgetActualAdj. Budget Balance July 1$ - $ 359,970$ 802,633$ 364,312$ (438,321) [1]Revenue: [2]Building Services Billings to Regional Library Board$ 7,294$ 5,109$ 9,000 $ 3,569$ (5, 431) Billings to County Government4,9882,7896,000569(5,431) Sub-total Building Services$ 12,282 $ 7,898$ 15,000$ 4,138$ (10,862) [3]Vehicle Services Billings to FCPS $ 2,298,462$ 2,154,526$ (143,936) $ 2,391,844$ 2,148,181 Billings to Outside Agencies481,239397,678483,906372,247(111,659) Other Receipts 7,570 - 818818 Sub-total Vehicle Services $ 2,782,367$ 2,527,591$ (254,776) $ 2,880,653$ 2,545,859 [4]Transfers from School Operating Fund$ - $ -$ - $ -$ - [5]Prior Year Encumbrances$ - $ -$ - $ -$ - [6]Total Receipts $ 2,797,367$ 2,531,730$ (265,638) $ 2,892,935$ 2,553,758 Total Receipts and Beginning Balance $ 3,600,000$ 2,896,042 $ 2,892,935$ 2,913,728 [7]Expenditures: [8]Building Services County Administration Building$ 2,685$ 2,060$ 6,000 $ 569$ 5,431 Bowman Regional Library7,2945,1099,0003,569 5,431 Other Agencies2,303729 - Sub-total Building Services$ 12,282$ 7,898$ 15,000$ 4,138$ 10,862 [9]Vehicle Services Salaries$ 657,723 $ 698,968$ 719,910$ 683,754$ 36,155 Fringe Benefits224,703221,380224,287216,170 8,117 Purchased Services15,04921,866815,53942,268 773,271 Other Charges63,54952,34371,81961,347 10,472 Materials and Supplies1,864,8101,546,9601,746,8841,548,205 198,680 Capital Outlay - - 6,562 6,562 - Sub-total Vehicle Services $ 3,585,000$ 2,558,306 $ 2,825,834$ 2,541,517$ 1,026,694 [10]Total Expenditures $ 3,600,000$ 2,562,444 $ 2,838,116$ 2,549,415$ 1,037,556 [11]Revenues Over/ (Under) Expenditures$ 54,819$ 4,342$ (30,714) [12]Balance June 30$ 54,819 $ 364,312 $ 333,598 [13]Balance Nonspendable - Inventory$ 256,860 $ 278,961$ 308,500 [14]Unreserved fund balance$ 103,110 $ 85,351$ 25,098 115 Special Grants Fund 9B The special grants fund is a fiduciary fund which accounts for t special grants or programs for which Frederick County Public SchThese grants may be multi-year or multi-jurisdictional grants and fall outside of the typical K-12 programs for FCPS. Currently, there are no active grants and programs reported. 116 Frederick County Public Schools Special Grants Fund Year Ended June 30, 2017 [a][d][c][d] 2014-152015-162016-172016-17 ActualActualAdjusted Actual Budget Balance July 1$ 12,471$ 3,403$ - $ - REVENUES: [1]Donations and Grants$ -$ -$ - $ - Fees from Business & Industry$ -$ -$ - $ - Tuition Payments from Localities - - - - Revenue from the Commonwealth - - - - Revenue from the Federal Government - - - - [2]Sub-total Regional Adult Ed. Revenues$ -$ -$ - $ - [3]Federal Grant - Teaching American History$ -$ -$ - $ - [4]TOTAL REVENUES$ -$ -$ - $ - EXPENDITURES: [5]Chain of Checks$ 8,994$ 3,313$ - $ - [6]At Risk/Low Income 75 89 - - [7]Teacher of the Year [8]Regional Adult Education - - - - [9]Teaching American History - - - - [10]TOTAL EXPENDITURES$ 9,069$ 3,403$ - $ - [11]Balance June 30$ 3,403$ -$ - $ - 117 Private Purpose Funds 10B The school division maintains a private-purpose endowment fund and a private-purpose income fund. The endowment fund activity includes contributions and management expenses ass with the principal or corpus. The income fund activity includes miscellaneous restricted donations, interest postings, disbursements, and fund transfers. Fund balances are brought forward each year into the next fiscal period. The fund balance at June 30, 2017, is comprised of the following: Private-Purpose Private-Purpose Endowment BalanceIncome Fund Balance Armstrong Foundation Scholarship$224,861 $ 2,234 Della Stine Scholarship $ 13,465 $ 184 Axalta Scholarship N/A $ 0 Clyde & Alfretta M. Logan N/A $ 15,000 Scholarship Bright Futures Program N/A $ 61,175 Teacher of the Year N/A ( $ 246) Total $ 238,326 $ 78,347 Private-Purpose Endowment Funds Armstrong Foundation Scholarship FundThis fund accounts for funds provided by the Armstrong Foundation. Earnings are used to provide scholarships to deserving students of the Frederick County, Virginia schools. Della Stine ScholarshipThis fund accounts for funds provided by a private donor. Earnings on fund assets may be used to provide a scholarship to a deservi who attended Dowell J. Howard Learning Center. Private-Purpose Income Fund The Armstrong Foundation, Della Stine, Axalta, and Clyde and Alfretta M. Logan Scholarship Funds are used for the restricted purpose of providing scholarsh Frederick County high schools. The two endowed funds are used to support the respective annual scholarship when interest income is insufficient. Bright Futures is a non-profit organization that helps schools connect student needs wit resources that already exist in the community. Donated resources can be in the form of money, supplies, or time. The Teacher of the Year award is presented each year during conv receives a plaque, a ring featuring the school divisions logo, a Chromebook, and a spending account to be used for instructional materials, supplies, or travel. 118 Frederick County Public Schools Private Purpose Funds Year Ended June 30, 2017 [a][b][c][d] FY15-16FY15-16FY16-17FY16-17 Private-PurposePrivate-PurposePrivate-PurposePrivate-Purpose EndowmentIncomeEndowmentIncome [1]Balance July 1$ 241,326$ 9,848$ 238,326$ 36,533 REVENUES: [2]Interest on Bank Accounts$ -$ 755$ -$ 1,538 [3]Interest on Investments [4]Donations and Grants57,25968,073 [5]Transfers from Other Funds3,000 [6]Investment Earnings [7]TOTAL REVENUES$ -$ 61,014 $ -$ 69, 612 EXPENDITURES: [8]Scholarship Payments$ -$ 9,500$ -$ 8,000 [9]Other Expenses - 3,556 - 10,780 [10]Other Operating Supplies - 16,274 - 8,020 [11]Instructional Supplies - 4,999 - 99 [12]Technology Hardware - - - 899 [13]Transfers to Other Funds3,000 - - - [14]TOTAL EXPENDITURES$ 3,000$ 34,329 $ -$ 27, 798 [15]Balance June 30$ 238,326$ 36,533 $ 238,326$ 78,347 119 120 Key Debt Ratio Debt Service to Expenditures Debt Service vs. Govt Exp 18.000% 15.000% 12.000% 9.000% 6.000% 3.000% 0.000% $220,088,6582015 Adj Expenditures $229,552,4702016 (4.3%) $242,636,9612017 (5.7%) *2018 & beyond (2%) 8% -12% range is the adopted County debt policy guideline 27M passed 122 Key Debt Ratio Debt to Assessed Value Debt to Assessed Value 3.500% 3.000% 2.500% 2.000% 1.500% 1.000% 0.500% 0.000% .75-1.75 % is County guideline Growth in assessed value is 2% average 123 Key Debt Ratio Tax Supported Debt Service 10-Year payout 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Amount of principal to be retired in the next 10 years. 65% is the County guideline 27M passed 124 August 2017 Budget Transfers Page 1 DATEDEPARTMENT/GENERAL FUNDREASON FOR TRANSFERFROMTOACCTCODEAMOUNT 8/15/2017REFUSE COLLECTIONSTEPHENSON CONVENIENCE CENTER42038900000000 540,000.00 TRANSFERS/CONTINGENCY93015899000000 (540,000.00) 8/21/2017SHERIFFPURCHASE VEHICLE REPLACEMENT31023004000002 (12,050.00) SHERIFF31028005000000 12,050.00 8/21/2017COMMONWEALTH'S ATTORNEYTO FUND OTHER OPERATING 22015401000000 (1,000.00) COMMONWEALTH'S ATTORNEY22015413000000 1,000.00 8/22/2017INFORMATION TECHNOLOGYHOOTSUITE FOR FY1812205401000000 (119.88) INFORMATION TECHNOLOGY 12205413000000 119.88 8/25/2017COUNTY ADMINISTRATORSALARY INCREASES FY1812011001000001 (2,749.98) COUNTY ADMINISTRATOR12011001000036 2,749.98 COUNTY ADMINISTRATOR12011001000001 (210.38) COUNTY ADMINISTRATOR12012001000000 210.38 COUNTY ADMINISTRATOR12011001000001 (253.00) COUNTY ADMINISTRATOR12012002000000 253.00 COUNTY ADMINISTRATOR12011001000001 (36.03) COUNTY ADMINISTRATOR12012006000000 36.03 COUNTY ADMINISTRATOR12011001000001 (47.85) COUNTY ADMINISTRATOR12012011000000 47.85 PUBLIC SAFETY COMMUNICAIONS35061001000003 (3,601.34) PUBLIC SAFETY COMMUNICAIONS35061001000018 3,601.34 MAINTENANCE ADMINISTRATION43011003000000 (2,376.58) MAINTENANCE ADMINISTRATION43011001000023 2,376.58 MAINTENANCE ADMINISTRATION43011003000000 (2,306.92) MAINTENANCE ADMINISTRATION43011001000021 2,306.92 MAINTENANCE ADMINISTRATION43011003000000 (3,775.25) MAINTENANCE ADMINISTRATION43011001000097 3,775.25 MAINTENANCE ADMINISTRATION43011003000000 (1,552.41) MAINTENANCE ADMINISTRATION43011001000093 1,552.41 MAINTENANCE ADMINISTRATION43011003000000 (765.85) MAINTENANCE ADMINISTRATION43012001000000 765.85 MAINTENANCE ADMINISTRATION43011003000000 (921.03) MAINTENANCE ADMINISTRATION43012002000000 921.03 MAINTENANCE ADMINISTRATION43011003000000 (131.15) MAINTENANCE ADMINISTRATION43012006000000 131.15 MAINTENANCE ADMINISTRATION43011003000000 (174.19) MAINTENANCE ADMINISTRATION43012011000000 174.19 RECREATION CENTERS AND PLAYGROUNDS71041001000031 415.24 TRANSFERS/CONTINGENCY93015807000002 (415.24) 126 127 128 129 130 131 132 133 134 135 136 137 138 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 September 25, 2017 DATE: October 4, 2017 The Transportation Committee met on September 25, 2017 at 8:30 a.m. Members Present Members Absent Gary Lofton Chairman (voting) Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting) Lewis Boyer (liaison Stephens City) James Racey (voting) Barry Schnoor (voting) Gene Fisher (voting) Kevin Kenney (liaison PC) ***Items Requiring Action*** 1.Kernstown Limited Access Break: Request for Limited Access Break: A. The owner of the subject property, which is located on the northeast quadrant of the Interchange between Route 37 and Route 11 in Kernstown, is seeking a break in the VDOT limited access line immediately across from the interchange ramp. The Applicant has been working with VDOT to make the limited access break work. To date, they have had a Traffic Impact Analysis (TIA) done. The TIA has graphic detail of what needs to be completed for this limited access to work. The Applicant is seeking concurrence from the County in the form of a letter or resolution from the Board of Supervisors (BOS) to be forwarded to the Commonwealth Transportation Board (CTB). The CTB grants the limited access breaks upon recommendations of VDOT, agreements to develop between VDOT and the Applicant, and the concurrence from the County. The pros based on the study are that the limited access break will give an alternative way 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 -2- of entrance/exit onto Commonwealth Court via direct access to Route 37 ramps. Also, this request is consistent with the Comprehensive Plan. The cons are the additional traffic, this is even with improvements. The representatives of the Applicant were present to address concerns that the Committee had on the improvements. Ms. McCann-Slaughter and Mr. Fisher requested larger scale copies to review with the improvements prior to the Board of Supervisors meeting. On a motion by Mr. Racey that was seconded by Mr. Schnoor the Committee passed unanimously to recommended to forward the item to Board of Supervisors to adopt a resolution of support contingent on all improvements being implemented. B.Request for Revenue Sharing: Included in the above request is a request from the Applicant for the County to apply for Revenue Sharing on their behalf. A draft revenue sharing agreement is being reviewed by the County Attorney. The cost estimate provided by VDOT as the management agency for the project will be verified by VDOT for the cost estimate to their standards. It was noted that the project will be backed up with a bond. Also, noted the County is in the bi-annual process for Revenue Sharing, there are no other competing applications to date. On a motion by Mr. Fisher and seconded by Mr. Racey the Committee, passed unanimously that this item be forward to the Board of Supervisors for recommendation. 2. SmartScale Program Update: At the August 2017 meeting of the Transportation Committee, the SmartScale application process was discussed. The Commonwealth Transportation Board (CTB) will be meeting in October and Staff is looking for direction for comments to be directed to the CTB at that meeting. Staff concerns are as follows: The reduced number of applications that the County can apply for which is four (4). The MPO and Regional Commission each also can do 4 applications which the County, and other regional localities, can potentially access. Per the presentation more changes could be presented to the CTB for action without the opportunity for localities to render further input. Congestion-Current Day Demands vs. Forecasted Demands; Good for current needs but not supportive of long range planning. -3- To receive points for being consistent with local planning, the project must be specifically referenced in the Comprehensive Plan or regional economic development strategy. Project Readiness, analysis needs to be completed. This can cause localities to shoulder the burden of often expensive technical studies which will now be required as parts of certain projects. The deadline to submit comments on the draft SmartScale Technical Guide is by October 20, 2017. By consensus the Committee forwarded this item to the Board for review and consideration of whether to direct Staff to comment on these items to the Commonwealth Transportation Board. 4. Transportation Partnership Opportunity Fund-Agreement Execution: The Transportation Partnership Opportunity Fund (TPOF) Agreement has been awarded in the amount of $2,000,000.00 for the Renaissance Drive project. This is a reimbursement grant. All the Revenue Sharing funds will need to be used on this project before the TPOF funds awarded are used. Motion by Mr. Racey and seconded by Mr. Schnoor to recommend that the Board of Supervisors approve execution of the agreement. 5. Transportation Partnership Opportunity Fund Application: VDOT and Staff have been working closely with Navy Federal Credit Union regarding desired upgrades to the intersection of Route 50 and Independence Drive. VDOT is reviewing the Traffic Impact Analysis (TIA) to develop alternatives and cost estimates. Navy Federal Credit Union (NFCU) has reached s office for support, which is the reason for the TPOF. A on this project. On a motion by Ms. McCann-Slaughter and seconded by Mr. Racey the Committee recommended to forward to the Board of Supervisors to apply for funding under the TPOF. 9. Valley Mill Road Revenue Sharing Fund Transfer: Staff recommends that the funds for Valley Mill Road, which is a private agreement with County. This project is 30% completed. They have responded that they do not want to move forward with the project. Staff suggested that the funds be transferred between Bridge Construction and the Airport Road Extension. The total amount of VDOT funds to be transferred is $3,559,814.32. -4- Motion by Mr. Fisher and seconded by Ms. McCann-Slaughter to recommend approval to the Board of Supervisors. ***Items Not Requiring Action*** 3.VACO Legislative Priorities: It was noted that any comments would be directed to the VACO Transportation Subcommittee. The VACO Legislative priorities are broken into two (2) parts Priorities and Positions. Staff has reviewed the VACO legislative three (3) Priorities and is in much support of those items but under Positions, Highway Tolls and Parking Staff is not in support. Also, note that when the Board of Supervisors is working on the Legislative Agenda this could be used as a guide to incorporate information. By consensus the Committee opted not to forward comments to the VACO Transportation Subcommittee at this time. 6. Request for 4-way Stop at the Intersection of Dragonfly Way and Eleven Moons Place: Chairman Lofton received an online request from a citizen for an upgrade of the intersection of Dragonfly Way and Eleven Moons Place within the Meadows Edge Subdivision for a 4-way stop. By consensus, the Committee chose to forward this recommendation to VDOT. 7. Fall Transportation Forum Discussion: The Fall Transportation Forum themes to date that have been discussed have been the transportation funding and I-81. The Committee recommended that Staff add Route 50 west corridor and design standards for the Staunton District. 8. VTRANS 2040: Staff commented on the important key points of the VTRANS 2040 is that it is part of SmartScale application as gate keeper. Also, noted was that it is a study done in detail but under estimated the amount of truck traffic on I-81 underdetermined for the area. VDOT presented a slide for the MPO on this issue. The Committee suggested that comments for the corridor rail be discussed, as well. 10. County Project Updates Snowden Bridge Boulevard: The roadway is open to traffic and Staff is beginning project final close out. -5- Tevis Street Extension/Airport Road/I-81 Bridge: Bridge design is ongoing and draft environmental documents for VDOT have been received. Bridge design has exceeded 90% and is expected to be approved by early November, while 60% roundabout plans have been submitted for review. Renaissance Drive: TPOF agreements have been received from VDOT. Staff is seeking authorization to execute the TPOF agreements. Completing new project documentation for CSX through the County Attorney. The pending Carbaugh rezoning application also has potential to impact this project with matching funds for revenue sharing. Initial proffers have been reviewed and commented on and Staff is awaiting a new draft. Valley Mill Road Realignment: Private partner has reiterated a desire not to continue the project. Staff is considering opportunities to transfer funds. This would come to the TC and Board of Supervisors for action. Item submitted earlier in this agenda. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicants noting that the County could make no further moves forward on the project until a revenue sharing agreement is in place. Following that a meeting was held at which the agreement was discussed and Staff is awaiting feedback from the Applicant. 11. Upcoming Agenda Items October/November Eastern Road Plan Update Secondary Fund Allocation CTB Fall Public Meeting-October10, 2017 November/December Oakdale Crossing Traffic Study Freight Panel 12. Other JAB/ks FREDERICK COUNTY BOARD OF SUPERVISORS A RESOLUTIONTO SUPPORT AN APPLICATION TO THE COMMONWEALTH TRANSPORTATION BOARD FOR A LIMITED ACCESS BREAK ON VALLEY PIKE/ROUTE 11 (Immediately west of the interchange ramp from westbound Route 37 to Route 11) Action: BOARD OF SUPERVISORS: October 11, 2017 APPROVED DENIED WHEREAS, Winchester 81, LLC (Owner) is the owner of Tax Map Parcel Numbers 75- A-10A, 75-A-10B, 75-A-10C, and 75-A-10D; and WHEREAS, the Owner plans to make an Application to the Commonwealth Transportation Board (CTB) for a limited access break on Valley Pike (Route 11); and WHEREAS, the improvements depicted on the attached map, in addition to signalization upgrades, will be implemented upon approval of the access break by the Commonwealth Transportation Board; and WHEREAS, those improvements involve the following: A.Addition of one lane, median and access management on southbound Route 11 from Commonwealth Court to the Route 37 westbound interchange; B.Restriping of Route 11 northbound consistent with the exhibit; C.Addition of northbound right turn lane at site entrance; D.Lane addition to the Route 37 westbound to Route 11 exit ramp; E.Signalization upgrades to the intersection of Route 11 and Route 37 westbound ramp; and F.Any additional items not shown that may be required during design to meet VDOT Standards. WHEREAS, the Board believes that additional access at this point will provide a net benefit for the citizens of Frederick; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of th Supervisors on this 11 day of October 2017, that it be and hereby does express its PDRes #39-17 -2- support for the application to the Commonwealth Transportation Board, subject to the items detailed above and by attachment, for a limited access break on Route 11 immediately east of the interchange ramp from westbound Route 37 to Route 11. th ADOPTED, this 11 day of October 2017. This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Robert W. Wells ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ Blaine P. Dunn ____ A COPY ATTEST ______________________________ Kris C. Tierney Frederick County Administrator PDRes #39-17 www.greenwayeng.com Fax: (540) 722-9528 Telephone: (540) 662-4185 Winchester, Virginia 22602 151 Windy Hill Lane TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND DRAFT AWARD AGREEMENT Award AgreementMay This XX, 2017Virginia Department of Transportation , by and among the County of Frederick, Virginia the County Explanatory Statement A. The Transportation Partn created under Section §33.2-1529.1 Commented [UM1]: Changed from 33.2-1529.11 to 33.2-1529.1 funds to address transportation aspects of economic development opportunities. B. The Governor is authorized to award assistance from the Fund in various forms to an agency or political subdivision of the Commonwealth. C. The Recipient is a duly created and validly existing political subdivision of the Commonwealth and is eligible to receive financial assistance from the Fund. one million, nine hundred, D. The Recipient submitted an application requesting ninety-five thousand, six hundred eighty-two dollars($1,995,682.00 ) in the form of a the Renaissance Drive Extension project grant from the Fund to assist in as defined in n economic development opportunity for the Commonwealth, thereby meeting the Transportation Evaluation Criteria established for the Fund, and will be administered by the Recipientct found that it meets the requirements of the Code and the Transportation Evaluation elines and Criteria, dated January 2016. The Panel October 27, 2016 recommended on to the Secretary of Transportation and the Secretary one million, nine hundred, of Commerce and Trade, an award by the Governor of a ninety-five thousand, six hundred eighty-two dollars($1,995,682.00 ) grant, subject to certain conditions. March 1, 2017 one million, nine F. On the Governor approved the award of the hundred, ninety-five thousand, six hundred eighty-two dollars ($1,995,682.00) grant Recipient. A copy of the Decision Brief signed by the Governor is provided as Exhibit C. G. Sufficient monies exist in the Fund to consider the recipient financial assistance. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is to provide for the terms and conditions required for making the grant, the disbursement and application or use of the proceeds of the Grant and other matters related thereto. 2. Disbursement Authorization and Application and Use of TPOF Grant Proceeds. (a) Requisition.In order to requisition disbursement of the Grant proceeds, the Recipient shall submit to VDOT, a completed requisition for disbursement of the Grant proceeds signed by an authorized representative of the Recipient. The requisition will contain all information called for by, and otherwise be substantially in the form of (b) Disbursement. Disbursement of the grant proceeds will begin after all other monies awarded to the locality for this project are exhausted and will be on a reimbursable basis, with a frequency of no more than one (1) requisition for disbursement per month. (c) Application and Use of Grant Proceeds. The Grant proceeds shall be used for the sole purpose of funding the cost and expenses of the activities and tasks undertaken by the Recipient in the development and procurement of the Project as generally summarized in the Project Budget and described in more detail in the TPOF but not limited to right-of-way acquisition, professional and inspection services, one construction contractor payments and a contingency. The Grant will be limited to million, nine hundred, ninety-five thousand, six hundred eighty-two dollars ($1,995,682.00) and along with the other identified monies, is expected to be adequate to fully fund the tasks identified in the Project Budget. Any Project cost exceeding the amount of the Grant shall be paid for by the Recipient using its own monies. (d) Performance Date. Means March 1, 2020. If the Recipient, in cooperation with VDOT, deems that full faith and reasonable efforts have been made and are being made by the Recipient to achieve the Targets, VDOT may extend the Performance Date by Six (6) Months. If the Performance date is extended, this new Performance Date will for the purpose of this agreement will be the Performance Date. The performance date shall only be extended twice during the life of the project. (e) Targets. The Recipient agrees that the capital investment will be $30,000,000 and the number of jobs created/retained will be 55. These amounts will be achieved on or prior to the Performance date and shall be maintained for a total of thirty-six (36) months after the Performance Date. The average annual wage of new jobs will be $50,000. The capital investment is limited to the capital investment specific for this grant. (f) Reporting Period. The reporting period is from the date of this Agreement to thirty-six (36) months after the Performance Date. 3. Project Schedule. Every good faith effort shall be made by the Recipient to cause the completion of July 31, 2019. components of the Work no later 4. Reports and Records. (a) Maintenance Requirements. Full and detailed accounts and records shall be maintained, as appropriate, by the Recipient for the Project and the Grant and such controls shall be exercised as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and standards, so as to provide complete records to fully support the use of the Grant proceeds to pay any cost and/or expense charged to the Work. During the performance of the Work, access shall be afforded by the parties to each other and their representatives and agents to the records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data, including but not limited to electronic schedules and other electro (b) Periodic Reports. On April 1 and October 1 of each year until the End of the Reporting Period, the Recipient summary outlining the use of the TPOF monies and the status of the Project. This report should also provide an update on all progress made in order to achieve the projects investment and employment targets. In addition, the Recipient shall promptly notify VDOT of any material events that could affect the ability to meets its financial obligations toward the Project. 5. Extension in the Performance Date If the Recipient has not achieved at least 90% of its new jobs and capital investment targets by the Performance Date set forth in this agreement, an extension may be granted, as long as the Recipient can provide sufficient evidence to VDOT that a full faith effort is underway in achieving its Targets. Generally, an extension will be granted only in circumstances under which it is reasonable to believe that the Recipient is likely to make significant progress toward meeting its performance targets by the extension date. 6. Failure of Compliance: If Targets criteria are not met, the Recipient will be issued a Notice of Failure and will be held responsible for any repayments as calculated by VDOT. The recipient will have a period of Thirty (30) days to respond to a failure and repayment notice, after which time the Recipient will be required and responsible for returning the grant monies to the Commonwealth within ninety (90) days of the Notice of Failure. 7. Repayment Obligation. Repayment obligations will be assessed based on an equal weighting of the targets. In the event that the project covers Jobs and Investment, each Target is weighted at 50% and the repayment obligation will be based on the combined level of failure of the Targets. For projects that only have a single Target, this target will be the only calculation for repayment obligation. The formula for calculating the failure for Job Targets less Target Jobs Actual Jobs Target Jobs The formula for calculating the failure in CapitalInvestment Targets less Target Capital Investment Actual Capital Investment Target Capital Investment A 100% claw back may be required if at any time VDOT concludes that the Recipient will be unable to meet its new jobs and capital investment targets by the Performance Date OR a failure of reaching Targets is equal or greater than 75% of the combined target failures. 8. Representations. The Recipient further represents, covenants and agrees as follows: (a) The Recipient has full right, power and authority to execute and deliver this Agreement, to perform its obligations under the Agreement and to carry out the tasks associated with the Work and the Project. (b) Any of the transportation improvements completed with TPOF funds shall be accomplished using applicable industry standards and specifications. suits or actions of any nature that may have an adverse effect (financial or otherwise) or its ability to perform under the Agreement and there has been no material adverse change in the financial condition of the Recipient as indicated in the information furnished to VDOT. (d) The Recipient shall be responsible for all activities necessary to complete the Project and shall coordinate with Department staff for all reviews, approvals and necessary oversight as required. 9. Public Property. The Work Product shall not become private property, but shall become or remain public property following completion. 10. Amendment. The provisions of this Agreement may be amended, modified or waived only by written instrument executed by both parties. 11. Applicable Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia. 12. Permits. The Recipient shall obtain all necessary permits for all Work associated with the Project. 13. Notices. All notices, approvals, consents, requests and other communications under this Agreement shall be in writing and shall be deemed to have been given when delivered in person, or when sent by Federal Express or a comparable express courier service, or when mailed by registered or certified mail, postage prepaid, addressed to the parties at the following addresses or such other addresses as a party may designate by prior written notice to the other: (a)if to VDOT: Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Attn: Chief Financial Officer with a copy to: Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Attn: Director, Financial Planning Division and Office of the Attorney General 900 East Main Street Richmond, Virginia 23219 Attn: Senior Assistant Attorney General, Chief - Transportation Section (b) if to the Recipient: 14. Entire Agreement. This Agreement, together with the Exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous, oral or written agreements or understanding with respect to such subject matter. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties, intending to be legally bound, have executed this Agreement on the date first written above. VIRGINIA DEPARTMENT OF TRANSPORTATION By: ________________________________________ Name: Charles A. Kilpatrick, P.E. Title: Commissioner of Highways Recipient By: _________________________________________ Name: Title: EXHIBIT A PROJECT DESCRIPTION Renaissance Drive Extension - American Woodmark Relocation Formatted: Font: Bold Formatted: Centered The TPOF funds will be used to assist in providing key network connectivity including a Formatted: Font: Bold rail bridge crossing between Route 11 and Shady Elm Drive in support of the American Woodmark relocation. The infrastructure improvements will consist of constructing three lanes from the existing intersection of Renaissance Drive and Prosperity Drive. It will proceed to the west across CSX railroad which is planned to be a bridge crossing. After the crossing, the road will taper to a two lane rural cross section and conclude with an intersection at Shady Elm Drive (Route 651).The project is identified in the County Comprehensive Plan, MPO Long Range Plan and services existing and emerging activity centers identified in the VTRANS 2040 needs analysis. EXHIBIT B PROJECT BUDGET AND SOURCES OF FUNDS Renaissance Drive Extension American Woodmark Relocation Formatted: Font: Bold TPOF Project Budget Task Estimated Cost Road and Bridge Design $825,000 Bidding, Utilities, CSX Cost 425,000 Construction (10% contingency included) 4,015,000 Total $5,265,000 Sources of Funds Source Amount Revenue Sharing $1,634,659 Local Match 1,634,659 Transportation Partnership Opportunity Fund 1,995,682 Total $5,265,000 EXHIBIT C EXECUTED DECISION BRIEF EXHIBIT D REQUISITION FOR DISBURSEMENT [ON RECIPIENT LETTERHEAD] [Date] Mrs. Laura A. Farmer, Director Financial Planning Division Virginia Department of Transportation 1401 East Broad Street th Old Highway Building 4 Floor Richmond, Virginia 23219 Transportation Partnership Opportunity Fund Re: Dear Mrs. Farmer: This requisition, Number ____, is submitted in connection with the Grant Agreement n the Virginia Department of Transportation and __________________________________________(the The undersigned authorized representative of the Recipient hereby requests disbursement of proceeds under the Agreement in the amount of $______________, for the purposes of payment of project costs as set forth in Schedule 1 attached hereto. Attached hereto are the invoices relating to the items for which payment is requested and that have been approved by the Recipient. The undersigned certifies that i) the amounts requested by the requisition will be applied solely and exclusively to the payment, or to the reimbursement of the Recipient for the payment of project costs, and ii) any materials, supplies or equipment covered by this requisition are not subject to any lien or security interest or such lien or security interest will be released upon payment of the requisition. This requisition includes an accompanying Certificate of the Project Manager/Project Engineer as to the performance of work. Sincerely, Title Attachments TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND CERTIFICATE OF THE PROJECT MANAGER/PROJECT ENGINEER FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT This Certificate is being executed and delivered in connection with Requisition Number __, dated _______________, 20__, submitted by the ______________________________________________ the Grant Agreement dated _________, between the Virginia Department of Transportation and the Recipient. The undersigned consulting engineer for the Recipient hereby certifies that, insofar as the amounts covered by this requisition include payments for labor or to contractors, builders or materialmen, i) such work was actually performed or such materials, supplies and/or equipment were actually furnished to or installed in the construction portion of the Transportation Partnership Opportunity Fund project and ii) expenditures for such work have not been submitted as a part of a previous requisition. _____________________________________ [Project Manager/Project Engineer Firm] By: _____________________________________ Date: _______________________, 20____ Exhibit A 01 37 01 37 § ¨¦ 01 81 11 § ¨¦ 81 American Woodmark 01 ST 651 37 Parcels Future Rt 37 Bypass Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector § ¨¦ Improved Major Collector 81 New Minor Collector Improved Minor Collector Ramp § ¨¦ 81 Roundabout 01 11 I Map Produced by Frederick County Planning and Development Dept. 00.0750.150.3Miles May 26, 2016 Agreement Regarding Transportation Partnership Opportunity Fund Grant To Frederick County for Intersection Improvements At US Route 50/17 and Independence Drive (Route 1092) Related to Navy Federal Credit Union Facility Expansion THIS AGREEMENT, made and dated this day of _____, 2017, is made by and COUNTY OF FREDERICK, VIRGINIA between the NAVY FEDERAL CREDIT UNION of Virginia, and (NFCU, a federally chartered credit union. RECITALS: WHEREAS, NFCU has previously announced its intention to expand, equip, improve, making a new capital investment of $100,000,000 in Frederick County and creating and Expansion; and WHEREAS, NFCU anticipates receiving various state-level and local-level incentives for the Expansion, including, from the Commonwealth of Virginia, Development Opportunity Fund, from the Virginia Jobs Investment Program, and from a Virginia Economic Development Incentive Grant, and, from the County, Economic Development Authority, a Local Economic Development Incentive Grant; and WHEREAS, the Expansion will result in increased traffic to and from the Facility, including impacts to the intersection of US Route 50/17 and Independence Drive (Route 1092) Intersection WHEREAS, to mitigate such impacts, various improvements, generally identified on the attached Exhibit A (Intersection Improvements Exhibit, August 22, 2017, prepared by Greenway Engineering), to the Intersection are appropriate; and WHEREAS, the County anticipates applying for a Transportation Partnership Opportunity Fund Grant (the Grant, TPOF existing pursuant to the provisions of Section 33.2-1529.1 of the Code of Virginia to provide funds to government entities to address the transportation aspects of economic development opportunities, the purpose of the application being in order to obtain funding for all or a portion of the construction and construction management of the Road Improvements (the construction and construction Project; and WHEREAS, as the TPOF Grant would be to the County, with the Virginia Department of unty arranging for all funding for completion of the Road Improvements Project, including to the extent that any and all costs of the Road Improvements Project, including any County project management and/or consultant costs, incurred by the County, exceed the amount of the TPOF Grant; and WHEREAS, the guidelines and criteria for TPOF require that a locality receiving TPOF grant funds enter into a TPOF agreement with VDOT governing the use of the TPOF grant funds and that such agreement provide that, among other things, in the event an economic development project for which a TPOF grant is awarded does not meet the job creation/retention and capital investment levels by the performance date and maintain those levels throughout a thirty-six month period following such date, the government entity receiving funds from TPOF must repay a specified amount to TPOF; and WHEREAS, the parties desire to provide a means by which NFCU is to reimburse the County (i) for any and all costs of the Road Improvements Project that may be incurred by the County, including any County project management and/or consultant costs, to the extent any and all costs exceed the amount of the TPOF Grant, and (ii) for any repayment the County must make to TPOF in the event NFCU fails to meet specified job creation/retention and capital investment levels by a specified performance date and maintain those levels throughout a thirty- six month period following such date. NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars, ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: RECITALS 1.: The Recitals are made a material part hereof and incorporated herein by reference as if set out in full. THE PERFORMANCE AGREEMENT 2.: NFCU and the County will enter into Performance Agreement, for NFCU to receive various state-level and local-level incentives for the Expansion, including, from the from the Virginia Jobs Investment Program, and from a Virginia Economic Development Incentive Grant, and, from the County, elopment Authority, a Local Economic Development Incentive Grant. In the event, however, that NFCU and the County do not enter into such an agreement, then the parties shall have no further obligations to each other under this Agreement, including any obligation by the County to apply for the TPOF Grant and/or to enter into a TPOF agreement with VDOT, and this Agreement shall be otherwise null and void. THE TPOF APPLICATION 3.: The County will apply for the TPOF Grant and, if the application is approved, the County may, in its reasonable discretion, enter in to a TPOF . In the event, however, that the County does not apply for the TPOF Grant, in the event the County does not enter into the TPOF Agreement, or in the event that the County does not receive any TPOF Grant funds, then the parties shall have no further obligations to each other under this Agreement and this Agreement shall be otherwise null and void. S PAYMENT OBLIGATIONS: 4. 2 a.To the extent that any and all costs of the Road Improvements Project, including any County project management and/or consultant costs, incurred by the County, exceed the amount of the TPOF Grant, NFCU shall pay to the County such excess costs, within 30 days of receiving an invoice from the County for the same. Once the County incurs such excess costs, the County may invoice NFCU on a monthly basis, as to previously unpaid excess costs and as to new incurred excess costs. b.In the event that NFCU fails to meet the following job creation/retention and capital investment levels and, to the extent that VDOT requires from the County the repayment of any or all of the TPOF Grant, on a pro rata basis based on the extent to which NFCU fails to meet the following job creation/retention and capital investment levels, as a result, then, upon 30 days written notice of the same from the County to NFCU, NFCU shall pay to the County an amount equal to the repayment VDOT requires from the County: i.New capital investment of $100,000,000 in Frederick County by not later than December 31, 2022; and ii.Creating and maintaining 1,400 new jobs in Frederick County, as of December 31, 2022; and iii.Maintaining the levels in (i) and (ii) through and including December 31, 2025. 5.NOTICES: All notices, demands, or other communications that may be necessary or proper hereunder shall be deemed duly given if personally delivered, or when deposited in the United States mail, postage prepaid, first class, registered or certified, return receipt requested, or when sent via a nationally recognized overnight courier, addressed respectively as follows: County: County of Frederick Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 Attn: John A. Bishop With a copy to: County of Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Attn: Roderick B. Williams NFCU: Navy Federal Credit Union 141 Security Drive Winchester, VA 22602 Attn: __________________ 3 With a copy to: Navy Federal Credit Union 820 Follin Lane Vienna, VA 22180 Attn: __________________ 6.ENTIRE AGREEMENT; AMENDMENTS; TERM OF AGREEMENT; TIME: a.This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings, whether oral or written, of the parties regarding the subject matter of the Agreement and no amendment to this Agreement shall be effective unless made in writing and signed by both parties. b.Time is of the essence with respect to all matters set forth in this Agreement. c.The provisions of this Agreement shall extend to the later of completion of construction of the Road Improvements Project or the date for completion of all of . d.This Agreement shall be binding upon and the obligations and benefits hereof shall accrue to the parties hereto and their successors and assigns. 7.GOVERNING LAW; VENUE: This Agreement shall be governed by and interpreted according to the laws of the Commonwealth of Virginia and any dispute hereunder shall be heard only in the Circuit Court of Frederick County, Virginia. WITNESS the following signatures and seals: COUNTY OF FREDERICK, VIRGINIA By (SEAL) NAVY FEDERAL CREDIT UNION (SEAL) (SEAL) 4 ALLIEDDONALD DONALD W SR W SR Route 50 and Independence Dr SYSTEMS REAL MOULDEN ESTATE LLC DONALD W SR VICTORY AUTOWORKS LTD VICTORY ROAD PROPERTIES LLC PERRY PROPERTIES EFG LLC EFG LC JOBALIE LLC 01 UNITED 50 STATES OF AMERICA 01 50 BRADDOCK STREET MYERS PROPERTIES LLC JAMES E SAI EFG LC PROPERTIES LLC NAVY FEDERAL CREDIT UNION EUGENE F GROVE LLC HONESTY DONALD HONESTY Parcels DONALD ETALS HONESTY Future Rt 37 Bypass PHELPS WASHINGTON WILLIAM E PROPERTIES CHARLES H I Map Produced by Frederick County Planning and Development Dept. 00.02750.0550.11Miles September 20, 2017 COUNTY of FREDERICK DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstone Drive, Winchester, VA 22602 LeeAnna Pyles, Director Public Safety Communications M E M O R A N D U M TO: Board of Supervisors FROM: LeeAnna Pyles, Director, Public Safety Communications SUBJECT: Public Safety Committee Meeting Report of September 21, 2017 DATE: October 2, 2017 A meeting of the Public Safety Committee was held on Thursday September 21, 2017 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, Blaine Dunn, Helen Lake and Chuck Torpy. Member Walt Cunningham was not present. Also in attendance were Major Steve Hawkins, Deputy Chief Larry Oliver, Director of Communications LeeAnna Pyles, Assistant County Attorney Erin Swisshelm, Deputy County Administrator Jay Tibbs, Sheriff Lenny Millholland, Fire Marshal Jay Bauserman and Deputy Director of Emergency Management Chester Lauck. The following items were discussed: ***Item Not Requiring Action*** Prese and Request for additional 1. positions (see attached): Sheriff Millholland gave a comprehensive overview of his departments need for additional staffing. Compensation Boards staffing standards as well as the workload of current personnel. At the present time, the Compensation Board states th the department is due 13 deputies; however, Frederick County is 9 on the list of localities to receive funding. Sheriff Millholland requested funding for 3 of the 11 positions previously and 1 Investigator. Mr. Torpy made a motion to approve the request and forwarded this recommendation to the Finance Committee for funding in the current fiscal year. Ms. Lake seconded the motion and the Committee unanimously approved the request. 2.Other business: Chairman Fisher shared his concerns about the speed of traffic on major roadways (e.g. Rt.50, Rt. 522, etc.) and the safety of the officers issuing speeding tickets to drivers. He suggested the possible use of speed cameras vs. radar, higher fines for drivers or any other ways to deter this dangerous driving and ensure safety to all. Sheriff Millholland stated that he and Assistant County Attorney Erin Swisshelm would look into possible ideas and advise the Committee of some potential solutions. nd Major Hawkins mentioned that the Valor Awards are being held on November 2 at the Lee Jackson at 6 p.m. This recognizes law enforcement, fire/rescue, personnel, and citizens who have gone above and beyond to ensure the safety of others. Next Meeting: Thursday November 16, 2017 (presentation of Public Safety Department FY19 budget) Adjourn: 10:00 a.m. Respectfully submitted by, Stefanie Salvato Stefanie Salvato, Secretary Frederick County Department of Public Safety Communications cc: Members Guests COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 M E M O R A N D U M TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administrator RE: Request to Add Parcels 60-A-89, 61-A-15 and 61-A-17, owned by Vernon Wright and Eula Wright to the South Frederick Agricultural and Forestal District. DATE: October 2, 2017 Please find attached a form from Vernon Wright and Eula Wright, dated July 20, 2017. The District. The South Frederick Agricultural and Forestal District was established in 1980. The most recent renewal of this district occurred in May 2016 for a period of five years. Currently, 6,070+/- acres are contained in this district. Mr. and Mrs. Wright desire to add three parcels totaling 178.50+/- acres to the South Frederick Agricultural and Forestal District. Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request to add land to the Agricultural and Forestal District through a public process via the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting on August 23, 2017. The ADAC unanimously recommended that the three parcels totaling 178.50+/- acres to be added to the South Frederick Agricultural and Forestal District. The Planning Commission considered this request during their meeting on September 20, 2017. The Planning Commission unanimously recommended that the three parcels totaling 178.50+/- acres to be added to the South Frederick Agricultural and Forestal District. The addition of the 178.50+/- acres will increase the South Frederick Agricultural and Forestal District to 6,248.50+/- acres. Staff will present mapping during the Board of Supervisors Meeting which delineates the location of this acreage and its proximity to other land within the South Frederick Agricultural and Forestal District. MRC/pd 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 Addition to the South Frederick Agricultural and Forestal District This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to update the South Frederick Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The South Frederick Agricultural and Forestal District (District) was established in 1980. This is a request to the South Frederick Agricultural and Forestal District to increase the District, to add three parcels of 178.50+/- acres. LOCATION AND SIZE The District is located in the Back Creek Magisterial District and currently contains 6,070± acres. The proposed addition of three parcels (tax map numbers 60-A-89, 61-A-15, and 61-A-17) totaling 178.50± acres has requested to be included in the South Frederick Agricultural and Forestal District bringing the acreage to 6,248.50± acres. Please see attached map. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the District are 90 percent agriculture (orchard, and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in nature. LAND USE All parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN The 2035 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The addition of these parcels within the District are outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and are not part of any land use plan or study by the County. The current land use should remain in its present land use of pristine condition with orchards, agricultural, and residential. LAKES/PONDS/STREAMS The District lies primarily within the Opequon Creek and Stephens Run drainage area. The establishment of this District will fu resources. SOILS The general relief of the District varies from rolling hills to ridges to the north, west, south and east. This District lies within the Opequon Creek watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL The largest amount of prime agricultural soils located within the District is Frederick- Poplimento. STAFF COMMENTS Based on this information, Staff feels that the additions to this District are agriculturally significant as outlined in the Agricultural and Forestal Districts Act and the 2035 Comprehensive Policy Plan (Comp Plan), which labels the area as rural. The intent of the Rural Areas is to character of areas outside of the UDA. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports additions to and renewal of the District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations while providing a reserve of agricultural land through the year 2020. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 08/23/17 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to add three (3) parcels totaling 178.50± acres to the South Frederick Agricultural and Forestal District which would increase the South Frederick Agricultural and Forestal District to 6,248.50± acres. CONCLUSION FOR THE 09/20/17 PLANNING COMMISSION MEETING: The Frederick County Agricultural District Advisory Committee (ADAC) unanimously recommended approval to add three (3) parcels totaling 178.50± acres to the South Frederick Agricultural and Forestal District at their meeting on August 23, 2017. Staff would recommend t that the Planning Commission recommend to the Board of Supervisors he addition of the three (3) parcels totaling 178.50± acres to the District. PLANNING COMMISSION SUMMARY & ACTION OF THE 9/20/17 MEETING: Staff reported this is a request to add three (3) parcels of land totaling 178.50± acres owned by Vernon and Eula Wright to the South Frederick Agricultural and Forestal District. Mr. Cheran noted currently the District contains 6,070± acres; this addition would increase that total to 6,248.50± acres. Staff presented location maps of the property. Staff concluded the Agricultural District Advisory Committee (ADAC) unanimously recommended to add the three (3) parcels to the District at their meeting on August 23, 2017. A motion was made, seconded, and unanimously passed to recommend approval of the South Frederick Agricultural and Forestal District to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 833 Barley Lane, Winchester Virginia and are identified with Property Identification Numbers 60-A-89, 61-A-15 and 61-A-17 in the Back Creek Magisterial District. (Note: Commissioner Oates was absent from the meeting) CONCLUSION FOR THE 10/11/17 BOARD OF SUPERVISORS MEETING: Staff presented to the Agricultural District Advisory Committee (ADAC) on August 23, 2017, to add three (3) parcels totaling 178.50+/- acres to the South Frederick Agricultural and Forestal District. The ADAC unanimously recommended approval. This request was presented to the Planning Commission at their September 20, 2017 meeting to add three (3) parcels of land totaling 178.50+/- acres to the South Frederick Agricultural and Forestal District. The Planning Commission recommended to add the three (3) parcel of 178.50+/- acres to the South Frederick Agricultural and Forestal which would increase the District to 6,248.50+/-. 2015-2020 South Frederick Addition Agricultural & Forestal District 61 A 15 61 A 17 60 A 89 Addition Parcels PINOwnerAcres 60 A 89WRIGHT, VERNON C & EULA H28.00 61 A 15WRIGHT, VERNON C & EULA H52.50 61 A 17WRIGHT, VERNON C & EULA H98.00 I Note: Frederick County Dept of Planning & Development 107 N Kent St. Suite 202, Winchester, VA 22601 00.0750.150.3Miles 540 - 665 - 5651 Map Created: August 2, 2017 01 37 ST 622 60 A 89 Winchester 61 A 15 61 A 17 178.50 Acre Addition ST 628 01 37 ST 622 § ¨¦ 81 01 Stephens City 11 ST 628 01 277 § ¨¦ 81 Future Route 37 Bypass District Acreage: 6,248.71 Ac. I 2015-2020 South Frederick Addition Agricultural & Forestal District Note: 00.4250.851.7Miles Frederick County Dept of Planning & Development 107 N Kent St. Suite 202, Winchester, VA 22601 540 - 665 - 5651 Map Created: August 3, 2017 ADDITION Action: PLANNING COMMISSION: September 20, 2017- Recommended Approval BOARD OF SUPERVISORS: October 11, 2017 APPROVED DENIED ADDITION TO THE SOUTH FREDERICK AGRICULTURAL & FORESTAL DISTRICT WHEREAS, an addition to the 2015-2020 South Frederick Agricultural & Forestal District was considered. Vernon and Eula Wright desire to add three (3) parcels identified by Property Identification Numbers 60-A-89, 61-A-15 and 61-A-17 to the South Frederick Agricultural & Forestal District located in the Back Creek Magisterial District. This request was reviewed by the Agricultural District Advisory Committee (ADAC), and the Planning Commission during their regularly scheduled meetings; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this addition on August 23, 2017; and WHEREAS, the Planning Commission held a public hearing and recommended approval of this addition to the 2015-2020 South Frederick Agricultural & Forestal District; and WHEREAS, the Board of Supervisors held a public hearing on this addition to the 2015- 2020 South Frederick Agricultural & Forestal District on October 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds the addition to the 2015-2020 South Frederick Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts the addition to the 2015-2020 South Frederick Agricultural & Forestal District of 178.50± acres in the Back Creek Magisterial District, with an expiration date of May 27, 2020. This Agricultural & Forestal District is as described on the attached map dated 08/03/17 and the attached property owners table dated 08/02/17. This ordinance shall be in effect on the day of adoption. PDRes. #36-17 -2- Passed this 11th day of October, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Robert W. Wells ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ Blaine P. Dunn ____ A COPY ATTEST _________________________________ Kris C. Tierney Frederick County Administrator PDRes. #36-17 SUBDIVISION REQUEST #05-17 FREEDOM CROSSING Staff Report for the Board of Supervisors Prepared: September 29, 2017 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/20/17 Reviewed Board of Supervisors: 10/11/17 Pending; Public Meeting LOCATION: The property is located on 357 Double Church Road, Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86-A-6 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) ADJOINING PROPERTY ZONING & USE : North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Open Space STAFF CONCLUSION FOR THE 10/11/17 BOARD OF SUPERVISORS MEETING: This application is for a subdivision design plan for seven (7) single-family attached (townhouses) units with a minimum lot size of 1,500 square feet planned to be constructed on 1.2751+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision will be accessed by Double Church Road (Route 641) via a private internal road. This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The Applicant previously received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, staff will proceed with approval of the plan. This application is presented for information; no action is necessary. Subdivision Request Subdivision #05 -17 Freedom Crossing September 29, 2017 Page 2 SUBDIVISION SPECIFICS: Subdivision of 1.2751+/- acres into seven (7) single-family (townhouses) lots with a minimum lot size of 1,500 square feet each. REVIEW AGENCY COMMENTS: Virginia Department of Transportation: A VDOT review has been conducted for the Freedom Crossing Site Plan with a signature date of July 26, 2017. Based off of the review of the Drawings, all of the previous VDOT comments have been addressed and the Site Plan is approved by our office. Frederick County Fire Marshall: Approved. Inspections: Project shall comply with The Virginia Uniform Statewide Building Code (USBC). Dwellings (R-5) shall comply with The Virginia Residential 2012 Codes. Other Codes that apply are the 2009 ANSI A117.1-09 Accessible and Usable Buildings and Facilities and the 2012 Virginia Energy Code. Dwelling (townhouse) shall be separated as required for per Section R 302.2. All recreational facilities shall be provided with an accessible route. Engineer design sand/gravel. Engineer design may be required under R610 for windbracing requirements. Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream man hole cover. Storm water drains, if higher than the basement finished floor, may require additional engineering of the foundation. Site plan approved pending receipt of geotechnical soil investigation soil investigation as required. 7/17 sidewalk provided to recreational area. Walkway shall not exceed 5%. Frederick County Public Works: Approved 8/8/17 Parks and Recreation: Plan appears to meet Parks and Recreation requirements. GIS: Crossing. Addresses will be assigned to the town homes during the building permitting process. Please note: New addresses for Anthem Ct will replace the existing address 357 Double Church Road. The address will be removed from the County system after construction of Anthem Ct. Frederick County Sanitation Authority: Approved as noted. Subdivision Request Subdivision #05 -17 Freedom Crossing September 29, 2017 Page 3 Frederick County Public Schools: Frederick County Public Schools has reviewed the Freedom Crossing site plan submitted to us on June 5, 2017. We offer the following comment: lanes, students who live on this street will need to walk to a public street to meet the bus at a location to be designated by our Transportation Department. Planning Staff Review : The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved Master Development Plan (MDP) be presented to the Board of Supervisors (Chapter144-12E). The MDP requirement may be waived under Section 165-801.03A(5) of the Frederick County Zoning Ordinance if the Applicant chooses to process a design plan in lieu of an MDP: A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan. Once the site plan is in an administratively approvable form, the plan will be presented to the Planning Commission and the Board of Supervisors per § 165-801.06. This application is for a subdivision design plan for seven (7) single-family attached (townhouses) units with a minimum lot size of 1,500 square feet planned to be constructed on 1.2751+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision will be accessed by Double Church Road (Route 641) via a private internal road. This subject property is located within the limits of the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also shows this property with a residential land use designation. The applicant previously received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP. When processing a subdivision design plan in lieu of the MDP, the application must be presented to the Planning Commission and the Board of Supervisors as an informational item. Following its presentation to the Planning Commission and the Board of Supervisors, staff will proceed with approval of the plan. PLANNING COMMISSION SUMMARY FOR THE 09/20/17 MEETING: Staff reported this is a subdivision request for seven (7) single family (townhouse) lots located at 357 Double Church Road. Mr. Cheran presented location maps of the property. Staff continued the property is located within the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). Staff noted access will be provided via a private internal street that access Double Church Road. Staff explained the plan calls for right-of-way dedication on Double Church Road, sidewalks, landscaping, and buffers. Staff reported the Applicant previously Subdivision Request Subdivision #05 -17 Freedom Crossing September 29, 2017 Page 4 received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP; the application must be presented to the Planning Commission and Board of Supervisors as an informational item. Although not a public hearing, two (2) citizens were permitted to speak regarding this item. Ms. Melissa Turner shared her concerns regarding barriers, the development entrance, and what type of fencing will serve as a buffer. Ms. Kizzy Pangle shared her concerns regarding the titling and deed for this property and noted her family has a scheduled court date of October 4, 2017 to help clarify this issue. STAFF CONCLUSIONS FOR THE 10/11/17 BOARD OF SUPERVISORS MEETING: This proposed subdivision meets the requirements of the Zoning and Subdivision Ordinances and is in a form that it is administratively approvable. All the issues brought forth by the Board of Supervisors should be appropriately addressed by the Applicant. This is being presented as an informational item and following its presentation to the Planning Commission and the Board of Supervisors, staff will proceed with approval of the plan. This application is presented for information; no action is necessary. DOUBLE139 BRUNSWICK RD WARREN CIR BRUNSWICK RD SUB # 05 - 17 CHURCH RD 137 104 BRUNSWICK RD 141 WARREN CIR BRUNSWICK RD Freedom Crossing Lot 7 106 WARREN CIR 143 108BRUNSWICK RD PIN: WARREN CIR 110 86 - A - 6 WARREN CIR 112 Zoning Map 101 WARREN CIR WARREN CIR 114 WARREN CIR 105 103 WARREN WARREN CIR CIR 109 107 WARREN 901 WARREN CIR CIR 118 AYLOR RD 116 WARREN WARREN 111 CIR CIR WARREN 113 329 CIR 122 120 WARREN 322 DOUBLE WARREN WARREN CIR DOUBLE CHURCH RD CIR 115 CIR CHURCH RD WARREN CIR 124 WARREN CIR 126 130 WARREN WARREN CIR CIR 128 132 WARREN CIR WARREN 125 332 CIR HARMON PL DOUBLE CHURCH RD SUB 05-17 86 A 6 403 DOUBLE CHURCH RD 342 DOUBLE CHURCH RD 366 DOUBLE CHURCH RD 100 FREETON CT 104 FREETON CT 102 FREETON CT 334 108 106 DOUBLE FREETON CT FREETON CT CHURCH RD 112 110 FREETON CT FREETON CT 114 FREETON CT 116 FREETON CT 306 FREETON CT § ¨¦ Applications 81 Parcels 204 302 FREETON CT Building Footprints FREETON CT 304 FREETON CT B1 (Neighborhood Business District) 200 FREETON CT 208 B2 (General Business District) 300 FREETON CT 414 B3 (Industrial Transition District) FREETON CT 202 303 DOUBLE 206 FREETON CT FAIRFAX EM (Extractive Manufacturing District) 01 CHURCH RD FREETON CT PIKE HE (Higher Education District)277 M1 (Light Industrial District) Note: M2 (Industrial General District) SUB # 05 - 17 Frederick County Dept of MH1 (Mobile Home Community District) Planning & Development I Freedom Crossing Lot 7 MS (Medical Support District) 107 N Kent St Suite 202 OM (Office - Manufacturing Park) PIN: Winchester, VA 22601 86 - A - 6 R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: September 7, 2017 RA (Rural Areas District) Staff: mcheran RP (Residential Performance District) 060120240Feet DOUBLE139 BRUNSWICK RD WARREN CIR BRUNSWICK RD SUB # 05 - 17 CHURCH RD 137 104 BRUNSWICK RD 141 WARREN CIR BRUNSWICK RD Freedom Crossing Lot 7 106 WARREN CIR 143 108BRUNSWICK RD PIN: WARREN CIR 110 86 - A - 6 WARREN CIR 112 Location Map 101 WARREN CIR WARREN CIR 114 WARREN CIR 105 103 WARREN WARREN CIR CIR 109 107 WARREN 901 WARREN CIR CIR 118 AYLOR RD 116 WARREN WARREN 111 CIR CIR WARREN 113 329 CIR 122 120 WARREN 322 DOUBLE WARREN WARREN CIR DOUBLE CHURCH RD CIR 115 CIR CHURCH RD WARREN CIR 124 WARREN CIR 126 130 WARREN WARREN CIR CIR 128 132 WARREN CIR WARREN 125 332 CIR HARMON PL DOUBLE CHURCH RD SUB 05-17 86 A 6 403 DOUBLE CHURCH RD 342 DOUBLE CHURCH RD 366 DOUBLE CHURCH RD 100 FREETON CT 104 FREETON CT 102 FREETON CT 334 108 106 DOUBLE FREETON CT FREETON CT CHURCH RD 112 110 FREETON CT FREETON CT 114 FREETON CT 116 FREETON CT 306 FREETON CT § ¨¦ 81 204 302 FREETON CT FREETON CT 304 FREETON CT 200 FREETON CT 208 300 FREETON CT 414 FREETON CT 202 303 DOUBLE 206 FREETON CT FAIRFAX 01 CHURCH RD FREETON CT PIKE 277 Note: SUB # 05 - 17 Frederick County Dept of Planning & Development I Freedom Crossing Lot 7 107 N Kent St Suite 202 PIN: Winchester, VA 22601 86 - A - 6 540 - 665 - 5651 Location Map Applications Map Created: September 7, 2017 Parcels Staff: mcheran Building Footprints 060120240Feet COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment Residential Separation Buffer Waiver Discussion DATE: October 3, 2017 This is a proposed amendment to Chapter 165 Zoning Ordinance to modify the requirement for residential separation buffers in the RP (Residential Performance) Zoning District. Currently, residential separation buffers are required to adequately buffer housing types from dissimilar housing types within separate adjacent developments. Staff has drafted a revision to the Zoning Ordinance to modify the required residential separation buffer between single-family detached (SFD) units and townhome units; and single-family small lot (attached and detached) units and townhome units. This modification would change the required buffer category from a Category B Type Buffer to a Category A Type Buffer. The intent of this modification is to provide flexibility for smaller infill-type lots in the RP Zoning District, Long Range Land Use Plan (LRLUP). This item was proposed through a request from a private developer and discussed by the DRRC at their April 27, May 25, July 27 and August 24, 2017 regular meetings. The DRRC agreed with the proposed changes from August 24, and the item was forwarded to the Planning Commission for discussion. The Planning Commission discussed this item at their June 7 and September 20, 2017 meetings. The Planning Commission agreed with the changes presented on September 20 and sent the item forward for review by the Board of Supervisors. The attached document shows the existing ordinance with the proposed changes supported by the Staff is seeking direction from the Board of Supervisors DRRC (with bold italic for text added). on this Zoning Ordinance text amendment. Attached is a resolution directing the item to a public hearing should the Board of Supervisors deem it to be appropriate. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Resolution MTK/pd Article II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS Part 203. Buffers and Landscaping § 165-203.02. Buffer and screening requirements. C. Residential separation buffers. Residential separation buffer buffer different housing types from dissimilar housing types wit The requirements for residential separation buffers are as follows: (1) When placed adjacent to one another, developments with diffe provide the following residential separation buffers: Minimum Residential Separation Buffer Area Required Proposed Use/Development Adjoining Existing Use/Development 1 2 3 4 5 1.Single-family detached - - A B B 2.Single-family zero lot line or small lot - - A B B 3.Multiplex or T ownhouse A A - B B 4.Garden apartment or multifamily C C B - A buildings 5.Age-restricted multifamily C C C - - ____________________________ Action: BOARD OF SUPERVISORS: October 11, 2017 APPROVED DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 203 BUFFERS AND LANDSCAPING §165-203.02. BUFFER AND SCREENING REQUIREMENTS WHEREAS, an ordinance to amend Chapter 165, Zoning to modify the requirement for residential separation buffers in the RP (Residential Performance) Zoning District was considered; and WHEREAS, The Development Review and Regulations Committee (DRRC) reviewed the change at their April 27, May 25, July 27 and August 24, 2017 regular meetings to modify the required residential separation buffer between single-family detached (SFD) units, townhome units, single-family small lot (attached and detached) units and townhome units. The modification would change the required buffer category from a Category B Type Buffer to a Category A Type Buffer; and WHEREAS, the Planning Commission discussed the proposed change at their regularly scheduled meeting on June 7, 2017 and September 20, 2017 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed change at their regularly scheduled meeting on October 11, 2017; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick PDRes #37-17 -2- 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 modify the requirement for residential separation buffers in the RP (Residential Performance) District, the modification would change the required buffer category between certain housing types from a Category B Type Buffer to a Category A Type Buffer. Passed this 11th day of October, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____ Bill M. Ewing ____ Blaine P. Dunn ____ Gene E. Fisher ____ Robert W. Wells ____ Judith McCann-Slaughter ____ A COPY ATTEST _____________________ Kris C. Tiereny Frederick County Administrator PDRes #37-17 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: October 2, 2017 RE: Roscommon, Sections 6 & 7 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: LaCosta Court, State Route Number 1571 0.11 miles Saint Andrews Court, State Route Number 1570 0.46 miles LaCosta Court, State Route Number 1571 0.23 miles Staff is available to answer any questions. MRC/dw 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 October, 2017, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated 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 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 ____ Bill M. Ewing ____ Robert W. Wells ____ Blaine P. Dunn ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes. #35-17 In the County of Frederick By resolution of the governing body adopted October 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 Roscommon, Sections 6 & 7 Type 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 LaCosta Court, State Route Number 1571 Old Route Number: 0 From: Route 1570, Saint Andrews Court To: 0.11 mile southwest of Route 1570, Saint Andrews Court, a distance of: 0.11 miles. Recordation Reference: Instrument #170006376 Right of Way width (feet) = 50' Street Name and/or Route Number Saint Andrews Court, State Route Number 1570 Old Route Number: 0 From: Route 621, Merrimans Lane To: 0.46 mile northwest to Lacosta Court, Route 1571, a distance of: 0.46 miles. Recordation Reference: Instrument #170006376 Right of Way width (feet) = 50' Street Name and/or Route Number LaCosta Court, State Route Number 1571 Old Route Number: 0 From: Route 1570, Saint Andrews Court To: 0.23 mile east of Route 1570, Saint Andrews Court, a distance of: 0.23 miles. Recordation Reference: Instrument #170006376 Right of Way width (feet) = 50' VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: October 11, 2017 Page 1 of 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R. Cheran, Zoning and Subdivision Administrator Date: October 2, 2017 RE: Meadows Edge Phase 2 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: Velvet Wall Way, State Route Number 1703 0.06 miles Nightbird Way, State Route Number 1716 0.18 miles Littlewing Way, State Route Number 1715 0.06 miles Littlewing Way, State Route Number 1715 0.19 miles Littlewing Way, State Route Number 1715 0.07 miles Littlewing Way, State Route Number 1715 0.04 miles Driftwood Drive, State Route Number 1450 0.08 miles Staff is available to answer any questions. MRC/dw 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 October, 2017, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated 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 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 ____ Bill M. Ewing ____ Robert W. Wells ____ Blaine P. Dunn ____ Gene E. Fisher ____ Judith McCann-Slaughter ____ A COPY ATTEST _____________________________ Kris C. Tierney Frederick County Administrator PDRes. #38-17 In the County of Frederick By resolution of the governing body adopted October 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 Meadows Edge Phase 2 Type 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 Velvet Wall Way, State Route Number 1703 Old Route Number: 0 From: Route 1716, Nightbird Way To: Route 1715, Littlewing Way, a distance of: 0.06 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 47' Street Name and/or Route Number Nightbird Way, State Route Number 1716 Old Route Number: 0 From: Route 1703, Velvet Wall Way To: Route 1715, Little Wing Way, a distance of: 0.18 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 47' Street Name and/or Route Number Littlewing Way, State Route Number 1715 Old Route Number: 0 From: Route 1702, Dollie Mae Lane To: Route 1716, Nightbird Way, a distance of: 0.06 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 47' VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: October 11, 2017 Page 1 of 2 Street Name and/or Route Number Littlewing Way, State Route Number 1715 Old Route Number: 0 From: Route 1716, Nightbird Way To: Route 1450, Driftwood Drive, a distance of: 0.19 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 47' Street Name and/or Route Number Littlewing Way, State Route Number 1715 Old Route Number: 0 From: Route 1703, Velvet Wall Way To: cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 47' Street Name and/or Route Number Littlewing Way, State Route Number 1715 Old Route Number: 0 From: Route 1450, Driftwood Drive To: Route 1703, Velvet Wall Way, a distance of: 0.04 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 47' Street Name and/or Route Number Driftwood Drive, State Route Number 1450 Old Route Number: 0 From: Route 1453, Barkwood Drive To: Route 1715, Littlewing Way, a distance of: 0.08 miles. Recordation Reference: Instr. #130009595 Pabe 0165 Right of Way width (feet) = 54' VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: Page 2 of 2