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DIMOC 01-17-14 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Eric R. Lawrence, AICP Director 107 North Kent Street • Winchester, Virginia 22601-5000 MEMORANDUM TO: Development Impact Model – Oversight Committee FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: January 17, 2014 DIM-OC Meeting DATE: January 8, 2014 ________________________________________________________________________ The Development Impact Model - Oversight Committee (DIM-OC) will be meeting on Friday, January 17, 2014, at 9:00 a.m. in the Planning Department Conference Room of the County Administration Building, 107 North Kent Street, Suite 202, Winchester, Virginia. The DIM-OC will discuss the following agenda item: AGENDA 1. Continuation of review and discussion regarding proffer expectations. Please contact our department if you are unable to attend this meeting. ERL/pd Enclosures: Attachment 1: December 6, 2013 Board Work session draft minutes – DIM topic List of Revenue Categories considered in DIM DIM Scenarios Attachment 2: October 8, 2013 DIM-OC meeting minutes Page 2 Development Impact Model-Oversight Committee January Meeting Agenda January 8, 2014 Recap from October 2013 meeting In spring 2013 the Board of Supervisors’ Business Friendly Committee recommended that the Board consider reducing the rezoning proffer expectation. On August 14, 2013, the Board referred the recommendation to the DIM-OC for review, evaluation, and recommendation. The DIM-OC met on October 8, 2013 and began their re-evaluation of the Development Impact Model taking into account current economic conditions. Ultimately, the DIM-OC is being requested to offer a recommendation if the proffer expectation should be reduced, and as to how the DIM/proffer expectation might be revised. It is foreseeable that the proffer expectation could be reduced to reflect a policy decision regarding what percentage of projected impacts should be addressed, or to reflect a credit for the contributions that result from new development. On October 8, 2013 the DIM-OC forwarded an initial recommendation that the: • Value of proffered transportation improvements which exceed those necessitated by the development be considered as an offset from the DIM’s capital impact projections. o The Board of Supervisors is scheduled to consider this recommendation at their January 8, 2014 regular meeting. An update on the Board’s action will be provided to the DIM-OC. The DIM-OC would consider two additional potential credits at future meetings: • Tax contributions that may result from new residential development o This concept would enable the DIM to calculate local tax revenue that results from residential development, and reflect a portion of that revenue as a credit against the projected impacts on capital facilities. • Tax contributions that may result from new commercial development associated with a residential development proposal o This concept would enable the DIM to calculate local tax revenue that would be generated from a proffered phased commercial component of the rezoning application, and reflect a portion of that revenue as a credit against the projected impacts on capital facilities. Page 3 Development Impact Model-Oversight Committee January Meeting Agenda January 8, 2014 The annual review of the DIM (occurs each May or June) considers the various capital improvement plan (CIP) facilities, population of countywide residents and school age residents, demands for emergency service, etc. The annual DIM update also captures the recently approved tax rates. The proffer expectation as projected by the DIM has not placed significant emphasis on local revenue generated by a residence. This stems from the Board’s directive in 2005 to not consider credits when projecting capital facility impacts. Continuation of Review and Discussion Regarding Proffer Expectations The DIM-OC will continue the re-evaluation of the DIM during their January 17, 2014 meeting. The review should see if there are any components that might prohibit growth. The DIM-OC will • Review what local tax revenues are considered in the DIM (Attachment 1: Revenue Categories) • Review the projected revenue and expenditure values for various residential development scenarios (Below and Attachment 1: Discussion Scenario) • Review how credits could be incorporated into the DIM output when considering residential development The DIM projects that county expenses (operational and capital $133,511) for a single family detached dwelling will exceed the tax revenue generated ($73,924) by $59,587. For a single family attached (Townhouse), the expense exceeds revenue by $39,868. (See below and Attachment 1: Discussion Scenario) At the October 8 DIM-OC meeting, it was demonstrated that capital expenditures represent approximately 13 percent of the annual county budget when looking at the last 10 year average. That is comprised by approximately 1.3% in capital expenditures and 11.7% debt service. The DIM does not include nor project debt service costs, solely capital costs. The DIM-OC will be presented an overview of the Revenue Categories and the Scenarios to lead discussion. Staff will offer additional thoughts, and encourage discussion by the DIM-OC during the January 17, 2014, committee meeting. Ultimately, Staff is seeking a recommendation from the DIM-OC on how the County might arrive at its proffer expectation calculation to be used during the evaluation of future residential rezoning applications. Page 4 Development Impact Model-Oversight Committee January Meeting Agenda January 8, 2014 “Attachment 1: Discussion Scenario” contains DIM scenario runs that will offer the DIM-OC a better understanding of the projected impacts and offsets generated by the model. The model projects revenue and expenditures over a 20 year period. A summary of the scenarios is below. 20 year projection As projected in the Development Impact Model (DIM) Revenues Expenses Potential Assignable Revenues (based on 1.3% capital portion of budget) Unmet Capital Facility Impacts Per dwelling Operating Capital Before revenue credit applied After 1.3% revenue credit applied 1 Single Family Detached Dwelling (SFD) $73,924 $113,580 $19,931 $961 $19,600 $18,639 1 Single Family Attached Dwelling (Townhouse) $50,240 $76,819 $13,289 $653 $13,062 $12,409 100 SFD $7,392,448 $11,358,041 $1,993,067 $96,101 $19,600 $18,639 20,000 SqFt Retail $2,082,033 $498,588 $23,195 $270,664 NA NA 100 SFD plus 20,000 sq ft Retail $9,474,480 $11,856,629 $2,016,262 $123,168 $19,600 $18,368 ATTACHMENT 1 Revenue Revenue Category Name General Property Taxes Current Real Property Taxes Current Public Service Corporation Taxes Current Personal Property Taxes (w M&T) Personal Property - General Personal Property - Mobile Home Personal Property - Machinery & Tools Penalties Interest & Cost on Taxes Newspaper Ad for Delinquent Accounts Admin Fee for Liens Other Local Taxes Local Sales and Use Tax Utility Taxes-Telephone Utility Taxes-Electric Utility Taxes-Gas Gross Receipts Tax-Utilities Business and Professional Occup. License Motor Vehicle License Bank Stock Taxes Recordation Taxes Tax on Wills Additional Tax on Deeds of Conveyance Room and Meals Tax Street Lights Permits, Privilige Fees & Licenses Dog Licenses Land Use Application Fees Transfer Fees Franchise Fees Development Review Fees Building Permits Electrical Permits Plumbing Permits Mechanical Permits Special Inspections Sign Permits Permits-Commercial Burning Explosive Storage Permits Blasting Permits FM Training Services Annual Blasting Permits Annual Buring Permits Land Disturbance Permits Fines & Forfeitures Court Fines & Forfeitures Revenue from Use of Money/Property Interest on Bank Deposits Rental of General Property Rent on Recreational Property & Facilities Sale of Salvage & Surplus Sale of BOCA Books Parks and Recreation-Firewood Parks and Recreation-Surplus Parks and Recreation-Clearbrook Concessions Parks and Recreation-Sherando Concessions Sale of Fire Report Charges for Services Excess Fees of Clerks Sheriff Fees Law Library Fees Emergency 911 Fees Handgun Permit Fees Miscellaneous Clerk Fees Donations Adopt./Reclaim. Fees Spay Neuter Fees Parks and Recreaton Fees Sale of Maps, Surveys Sale of County Code Sale of GIS Mapping Miscellaneous Recreation Donations Donations-Other Forfeited Property Refunds-Harardous Materials Drug Awareness Recycling Refund Specialized Reports Recovered Costs Recovered Costs - Meth Grant Clarke County Container Fees Winchester Container Fees Refuse Disposal Fees Recycling Revenue Fire and Rescue Merchandise Container Fees-Bowman Library Reimbursement-Juvenile/Domestic Litter-thon Reimb. - General District Court Reimb. - Engineering Reimb. - Elections Winchester Economic Development Rembursement-LFSW Conservation District Task Force Secretary Reimbursement-Economic Development Commission Reimbursement-Street Signs Reimbursement-Sherando Maintenance Fire School Programs Non-Categorical Aid ABC Profits Wine Taxes Motor Vehicle Carriers Tax/Titling Tax State Reimb. 2006 PPTRA Runout Shared Expenses Shared Expenses-Commonwealth Attorney Shared Expenses-Sheriff Shared Expenses-Comm. Of Revenue Shared Expenses-Treasurer Shared Expenses-Medical Examiner Shared Expenses-Clerk Shared Expenses-Regis./Elec. Board Categorical Aid Public Assistance Grants Virginia Commission of the Arts Litter Control Grants Four-for-Life Emergency Services Fire Program Grants-Parks JJC Grant Rent/Lease Payments Spay/Neuter Assistance-State Gypsy Moth-State Forfeited Asset Fund VA Biosolids Victim Witness Grant Wireless 911 Grant Telecommuting Center National Park Service Forfieted Assets Federal Non-Revenue Receipts Funding From Fund Balance Applicant:Discussion Scenario Residential Units (number)1 Units SFD 1 SFA 0 Residential Input Data MFD 0 Non-Residential (sq. ft.)0 Sq. Ft. Retail 0 Sq. Ft.Go to Scenarios tab for non-residential inputs Office 0 Sq. Ft. Budget Summary Revenues $73,924 Source: BudSum W169 Expenses - Operating $113,580 Source: BudSum W174 - Capital Expenses - Capital $19,931 Source: BudSum W111 + BudSum W154 10 Year Average Capital Expenditures 1.3% Revenues - assignable $961 Total Cost of Capital Facilities Per Unit Fire And Rescue $564 3%$564 General Government $43 0%$43 Public Safety $0 0%$0 Library $496 3%$496 Parks and Recreation $1,766 9%$1,766 School Construction $16,731 85%$16,731 Total $19,600 100%$19,600 Net Cost of Capital Faclities $18,639 $18,639 OUTPUT MODULE Source: | CAFR *Capital Projects & Debt Service Applicant:Discussion Scenario Residential Units (number)1 Units SFD 0 SFA 1 Residential Input Data MFD 0 Non-Residential (sq. ft.)0 Sq. Ft. Retail 0 Sq. Ft.Go to Scenarios tab for non-residential inputs Office 0 Sq. Ft. Budget Summary Revenues $50,240 Source: BudSum W169 Expenses - Operating $76,819 Source: BudSum W174 - Capital Expenses - Capital $13,289 Source: BudSum W111 + BudSum W154 10 Year Average Capital Expenditures 1.3% Revenues - assignable $653 Total Cost of Capital Facilities Per Unit Fire And Rescue $419 3%$419 General Government $33 0%$33 Public Safety $0 0%$0 Library $379 3%$379 Parks and Recreation $1,350 10%$1,350 School Construction $10,881 83%$10,881 Total $13,062 100%$13,062 Net Cost of Capital Faclities $12,409 $12,409 OUTPUT MODULE Source: | CAFR *Capital Projects & Debt Service Applicant:Discussion Scenario Residential Units (number)100 Units SFD 100 SFA 0 Residential Input Data MFD 0 Non-Residential (sq. ft.)0 Sq. Ft. Retail 0 Sq. Ft.Go to Scenarios tab for non-residential inputs Office 0 Sq. Ft. Budget Summary Revenues $7,392,448 Source: BudSum W169 Expenses - Operating $11,358,041 Source: BudSum W174 - Capital Expenses - Capital $1,993,067 Source: BudSum W111 + BudSum W154 10 Year Average Capital Expenditures 1.3% Revenues - assignable $96,102 Total Cost of Capital Facilities Per Unit Fire And Rescue $56,400 3%$564 General Government $4,300 0%$43 Public Safety $0 0%$0 Library $49,560 3%$496 Parks and Recreation $176,600 9%$1,766 School Construction $1,673,100 85%$16,731 Total $1,959,960 100%$19,600 Net Cost of Capital Faclities $1,863,858 $18,639 OUTPUT MODULE Source: | CAFR *Capital Projects & Debt Service Applicant:Discussion Scenario Residential Units (number)0 Units SFD 0 SFA 0 Residential Input Data MFD 0 Non-Residential (sq. ft.)20,000 Sq. Ft. Retail 20,000 Sq. Ft.Go to Scenarios tab for non-residential inputs Office 0 Sq. Ft. Budget Summary Revenues $2,082,033 Source: BudSum W169 Expenses - Operating $498,588 Source: BudSum W174 - Capital Expenses - Capital $23,195 Source: BudSum W111 + BudSum W154 10 Year Average Capital Expenditures 1.3% Revenues - assignable $27,066 Total Cost of Capital Facilities Per Unit Fire And Rescue $0 #####DIV/0! General Government $0 #####DIV/0! Public Safety $0 #####DIV/0! Library $0 #####DIV/0! Parks and Recreation $0 #####DIV/0! School Construction $0 #####DIV/0! Total $0 #####DIV/0! Net Cost of Capital Faclities ($27,066)#DIV/0! OUTPUT MODULE Source: | CAFR *Capital Projects & Debt Service Applicant:Discussion Scenario Residential Units (number)100 Units SFD 100 SFA 0 Residential Input Data MFD 0 Non-Residential (sq. ft.)20,000 Sq. Ft. Retail 20,000 Sq. Ft.Go to Scenarios tab for non-residential inputs Office 0 Sq. Ft. Budget Summary Revenues $9,474,480 Source: BudSum W169 Expenses - Operating $11,856,629 Source: BudSum W174 - Capital Expenses - Capital $2,016,262 Source: BudSum W111 + BudSum W154 10 Year Average Capital Expenditures 1.3% Revenues - assignable $123,168 Total Cost of Capital Facilities Per Unit Fire And Rescue $56,400 3%$564 General Government $4,300 0%$43 Public Safety $0 0%$0 Library $49,560 3%$496 Parks and Recreation $176,600 9%$1,766 School Construction $1,673,100 85%$16,731 Total $1,959,960 100%$19,600 Net Cost of Capital Faclities $1,836,792 $18,368 OUTPUT MODULE Source: | CAFR *Capital Projects & Debt Service ATTACHMENT 2 MEETING MINUTES OF THE DEVELOPMENT IMPACT MODEL – OVERSIGHT COMMITTEE (DIM-OC) Held in the Planning Department conference room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on October 8, 2013. DIM-OC MEMBERS PRESENT: JP Carr, Bob Hess, John Lamanna, Gary Lofton, Paige Manuel, Steve Pettler, and Kris Tierney DIM-OC MEMBERS ABSENT: Brian Madagan and Roger Thomas STAFF PRESENT: Eric Lawrence OTHERS PRESENT: Patrick Barker, Wayne Lee, and Al Orndorf CALL TO ORDER The Development Impact Model – Oversight Committee (DIM-OC) meeting was called to order at 9:05 AM. Staff provided an overview of the Board of Supervisors’ Business Friendly initiative, and the resulting recommendation that the County consider a reduction in the proffer expectations. On August 14, 2013, the Board referred the recommendation to the DIM-OC for review, evaluation, and recommendation. The referred directive stated: “Reduction in Proffer Requirements The Land Use and Development Subcommittee recommended a reduction in proffer requirements for future rezoning applications, as well as amendments to existing proffers in order to create viable projects that will deliver needed transportation improvements and other benefits. The economics of the current proffer model or development impact model do not allow for construction. The Committee examined the model and determined there were numerous capital items contemplated and incorporated into the model, but those projects were not being built in the current year. It is anticipated none of these government capital projects will be built at any time in the near future, if at all. Further, the Development Impact Model does not fully account for Page 2 Development Impact Model – Oversight Committee Meeting Minutes October 8, 2013 business, personal property tax, or other revenue that is of significant benefit to Frederick County, in addition to property taxes. A re-evaluation of the Development Impact Model taking into account current economic conditions would be appropriate. This recommendation should be referred to the Development Impact Model Oversight Committee for evaluation and recommendation to the Board.” DIM-OC DISCUSSION The proffer expectation is renewed annually as part of the annual DIM update (most recently renewed/updated in June 2013). This process began in 2005 when the Board adopted the DIM, and directed that the DIM be utilized to project the fiscal impacts that land use changes would place on the County’s capital facilities. The County only considers impacts on capital facilities which are consistent with state law and enable cash proffers aimed at mitigating capital facility impacts, but not operational impacts. Additionally, the current proffer expectation solely considers impacts new development places on the County’s capital facilities; the expectation does not contain credits for potential contributions via taxes or proffered improvements. The DIM-OC is now being asked to think beyond simply annually updating the DIM, and to consider policy revisions that affect the degree by which new development should address its projected impacts. After reviewing the DIM, two questions posed to the DIM-OC were: (1) Should credits be included within the DIM’s Proffer Expectation, and (2) What is the best method by which the credit might be incorporated into the DIM’s Proffer Expectation? As part of the discussion, the DIM-OC considered: • New residential building permit trends. It was noted that for the first eight months of 2013, 265 new residential building permits were issued, up 31 percent as compared to the same time period in 2012. If the trend continues, the County could issue 400 building permits for new residential construction by the end of 2013. o Based on trends to date, 2013 will see the greatest number of residential building permits since 2007 when 515 permits were issued. o The years 2009-12 were averaging 286 permits annually. Page 3 Development Impact Model – Oversight Committee Meeting Minutes October 8, 2013 • Capital portion of the FY2014 budget. It was noted that only 1.6% of the current year budget is for capital expenditures. o Or an average of 13% capital/debt over the past 10 years (2003-2012) o If credit is incorporated into the DIM, should the credit reflect the annual portion of the budget dedicated to capital, or a 10 years’ average of capital and debt as a portion of the budget? • The amount of cash proffers received and spent since 1995. The cash proffers account to date (7/2013) o Revenue received : $ 9,427,391 o Expenditures : $ 6,407,874 o Balance : $ 3,019,517 o It was noted that in FY2013, the County received cash proffer payments of $1,185,263. o The increase in cash proffer payments received most probably reflects that more of the new residential construction is occurring in the UDA, and more of the new lots being developed have cash proffer commitments. It is expected this trend will continue as the supply of lots without proffers diminishes. • The cash proffer expectations from other jurisdictions. The DIM-OC discussed the proffer values received from other jurisdictions, and associated policies pertaining to credit for tax contributions and proffered transportation improvements. The DIM-OC learned that our current proffer expectation is lower than many of the jurisdictions located east and southeast of our county. Frederick County’s current proffer expectation for a single family detached house is $19,600 per unit. The proffers from other jurisdictions range from $19,793 to $45,923. Jurisdictions considered included: Loudoun, Prince William, Fauquier, Albemarle, Stafford, and Spotsylvania Counties. It was noted that Prince William County recently directed staff to evaluate its proffer expectation as its School Board believed the values were too low. The DIM-OC began discussions to consider policy revisions which affect the degree by which new development should address its projected impacts. The DIM-OC considered three potential scenarios in which proffer projections might be considered. The DIM-OC considered if the proffer expectation should be reduced, and as to how the DIM/proffer expectation might be revised. It is foreseeable the proffer expectation could be reduced to reflect a policy decision regarding what percentage of projected impacts should be addressed, or to reflect a credit for the contributions that result from new development. Page 4 Development Impact Model – Oversight Committee Meeting Minutes October 8, 2013 These contributions might be in the form of: • Tax contributions that may result from new residential development o This concept would enable the DIM to calculate tax revenue resulting from residential development, and reflect that revenue as a credit against the projected impacts on capital facilities. • Tax contributions that may result from new commercial development associated with a residential development proposal o This concept would enable the DIM to calculate tax revenue that would be generated from a proffered phased commercial component of the rezoning application, and reflect that revenue as a credit against the projected impacts on capital facilities. • Value of proffered capital improvements (such as transportation) that may be considered as an offset from the DIM’s capital impact projections. o Staff did learn that in some jurisdictions, the value of proffered transportation improvements, above and beyond what is generally expected/required by ordinance with a new development, may be utilized as a credit against the projected capital facility impacts. It was noted that proffers are ordinances, and therefore may not be changed administratively. This was an important note because simply reducing an existing cash proffer commitment was neither feasible nor legal for staff to implement administratively. Once proffered by a property owner and then accepted by the Board of Supervisors through a rezoning approval, staff is obligated to enforce the approved proffer statement. Therefore, it is envisioned that should the proffer expectation policy or value be revised by the Board of Supervisors, future rezoning applications would benefit from the credits program. For those rezoning applications that had previously been approved, and remain undeveloped, the property owner could seek a minor proffer revision to renew their cash proffer commitments to reflect the latest DIM and proffer expectation. It was noted that if cash proffer expectations are reduced, the projected capital impacts will remain. In essence, someone has to cover the costs of new residential construction and its impacts on capital facilities; either the developer/homebuilder/homeowner or countywide through contributions from all taxpayers. It was commented that current residents should not be expected to bear the cost of new growth through increased real estate taxes. Page 5 Development Impact Model – Oversight Committee Meeting Minutes October 8, 2013 The DIM-OC felt that offering credit for proffered transportation, above what is typically expected to address transportation mitigation, would be appropriate. This practice is occurring on some of the larger, more heavily transportation-proffered projects. Additionally, the practice of crediting a project reflective of proffered transportation values is also occurring in other jurisdictions. It was noted that projects that offer extensive road rights-of-way such as for planned Route 37 ought to receive credits to mitigate their projected residential impacts. How one arrives at the value of the transportation credit will be through discussions with the applicant, VDOT, and the County Transportation Planner. The DIM-OC felt credits for real estate tax contributions from residential and proffered phased commercial uses warranted additional discussion. At issue was arriving at the projected value of the credit. Based on the FY14 budget, only 1.6% of the budget was dedicated for capital expenditures. Therefore, was it appropriate to only credit 1.6% of real estate tax contributions? On a $400,000 house, at the current 0.585% real estate tax rate, less than $40 a year is contributed towards capital, or less than $800 over 20 years. That does not result in much of a credit to offset the projected $19,600 capital impacts over 20 years. DIM-OC Action. The DIM-OC recommended approval of a policy modification to enable credit for transportation. A resolution for consideration by the Board of Supervisors should accompany the DIM-OC’s recommendation. The DIM-OC will continue discussion regarding possible credits for residential and proffered phased commercial real estate tax revenue. The discussion would further evaluate how budgeted capital and debt obligations should be treated within the DIM, and within the resulting proffer expectation. Next meeting of the DIM-OC will be in late November or early December, 2013. Date and time to be determined. Staff will distribute to DIM-OC, and include with the report to the Board, the materials included in the discussion. The meeting adjourned at 10:45 AM. Page 6 Development Impact Model – Oversight Committee Meeting Minutes October 8, 2013 Support Materials Referenced During Discussion: August 2013 Residential Building Permit Report Jurisdictional Proffer Expectation Comparisons Cash Proffers Received Table PROFFER COMPARISON WITH ADJOINING COUNTIES COUNTY SCHOOLS NON-SCHOOL* TOTAL* TRANSPORTATION SF TH MF SF TH MF SF TH MF SF TH MF Fauquier $21,424 $13,390 $5,951 $7,207 $7,207 $7,207 $28,613 $20,597 $13,158 $0 $0 $0 Prince William $14,462 $11,685 $5,033 $5,331 $5,046 $3,606 $19,793 $16,731 $10,887 $17,926 $15,196 $10,887 Stafford $20,999 $17,228 $9,302 $8,265 $10,522 $9,354 $29,264 $27,750 $18,656 $16,250 $11,375 $6,499 Spotsylvania $18,418 $12,700 $3,473 $6,493 $4,973 $3,523 $24,297 $17,673 $6,996 $8,374 $6,414 $4,544 Loudoun Eastern $37,791 $22,153 $11,294 $21,679 $18,232 $12,464 $59,470 $40,385 $23,758 $0 $0 $0 Central $33,450 $19,608 $9,996 $16,284 $13,695 $9,362 $49,734 $33,303 $19,358 $0 $0 $0 Western $31,024 $18,187 $9,272 $14,899 $12,530 $8,566 $45,923 $30,716 $17,838 $0 $0 $0 *Does not include transportation proffers. Non-school categories vary by jurisdiction, but generally include parks, emergency services, library, solid waste and general government. Neither Fauquier nor Loudoun have defined proffers for transportation improvements. Contributions are defined by the specific impacts on a case-by-case basis. PROFFERS 1995‐2013 Total FY1995 15,423            FY1996 171,035         FY1997 126,082         FY1998 83,516            FY1999 172,182          FY2000 268,464           FY2001 132,668          FY2002 334,236          FY2003 434,810          FY2004 568,650          FY2005 1,018,169       FY2006 956,831          FY2007 734,707          FY2008 824,963          FY2009 882,922          FY2010 473,690          FY2011 263,346          FY2012 780,434          FY2013 1,185,263      *1 Total 9,427,391       *1 7/12‐6/13