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HomeMy WebLinkAboutApril 24 2013 Regular Meeting Minutes336 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 24, 2013 at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Robert A. Hess; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice- Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised there were no changes or additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Vice- Chairman Ewing, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Memo re: Board of Supervisor's Summer Schedule and November and December 2013 -- Tab D. Upon a motion by Supervisor Fisher, seconded by Vice- Chairman Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 337 CITIZEN COMMENTS Jay Marts, Gainesboro District, read the following statement: "Chairman Shickle, Members of the Board, Administrator Riley: I have looked at the resolution for a new County Administration building. The unsolicited proposal appears to provide for financing, land, design, and construction of a new building and purchase of the existing building. It appears to be an interesting & serious proposal. I did a quick review of the recently approved Capital Improvement Plan, & saw no mention of the need for a new facility. I suppose that is why the proposal is unsolicited. I think it is probably worthwhile to give it consideration and gain an understanding of the projected costs, the debt we may incur, and the time lines for completion. However, .it should fit in the proper priority of overall county requirements. Also, I hope you will honor your commitment to the County debt management policy by maintaining our high bond rating and keeping the level of indebtedness that we can manage with available resources and no new taxes. I believe we have a bonded debt of $140 million, from what I gather and this equates to principal and interest payments of $17.2 million per year. My main concern has been growing school construction debt and now we have another project. I have previously expressed my skepticism of some of our construction projects such as the $17 million transportation facility and the apparent lack of planning on the disposal of the old transportation facility on Indian Hollow Road. Do we need two transportation facilities? We had similar difficulties with property management of the old Gainesboro School, if you remember, which was decently concluded. The proposal under discussion seems to take this into consideration as the purchase of the existing building is included. I would ask you to go back to the Capital Improvement Plan and reevaluate our stated priorities and also consider other projects. I think that a natural fit in this proposal would be for Frederick County Public School Board Administration Building listed in the Capital Improvement Plan, I believe priority b or 7. I think it would lead to the elimination of duplicate requirements property, construction costs, shared meeting space, conference room, I. T. systems, all saving the taxpayer money in the long run. Thank you for the opportunity to address the Board and enjoy the Bloom. " Larry Bradshaw, The Village at Orchard Ridge, Gainesboro District, stated the Board would consider the Finance Committee's recommendation denying the tax exempt request of The Village at Orchard Ridge. He noted that in lieu of taxes The Village at Orchard Ridge would propose a payment in lieu. He noted the development would provide significant tax and social benefits to the community. He went on to say they were negotiating with local farmers regarding a sustainable garden for food. He went on to say when Phase 1 of the development was completed, it would house 700 residents and those residents would generate tax revenue for the County and the City. He stated the County established a precedent with Westminster - Canterbury of the Shenandoah Valley. He concluded by requesting the Board reject the Finance Committee's recommendation. Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 338 George Kriz, Gainesboro District requested the Board either reject or postpone action on the Finance Committee's recommendation. He cited the Development Impact Model's parks and recreation proffer amount that was listed as $1,782. He doubted the residents of the development would use the parks facilities in the County. He went on to say a number of residents have volunteered to participate in the schools' reading program. Bob Bartley, Gainesboro District, advised that he had recently moved into The Village at Orchard Ridge. He noted he was happy there and it has been everything he and his wife expected. He went on to say the County was fortunate to have the facility locate here. The residents would be spending money and it would be a tremendous infusion of new revenue. He stated the County should be happy with that. He went on to say The Village at Orchard Ridge seeks only an opportunity to compete on a level field. He stated they should be entitled to the same rights afforded other businesses. He asked the Board to be good neighbors and let history record that this Board had the wisdom and vision to assist this organization to become as great as it can be. WARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the minutes from the April 3, 2013 budget work session by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the minutes from the April 9, 2013 regular meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 339 EMPLOYEE OF THE MONTH AWARD — ARESOLUTION #049 -13) - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved Beverley H. Rosato as Employee of Month for April 2013. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, Beverley H. Rosato who serves the Commissioner of the Revenue Business Division was nominated for Employee of the Month; and WHEREAS, Beverley H. Rosato is being awarded for her loyalty and commitment to her position as Chief Administrator. In addition to welcoming and educating new County businesses, Beverley goes beyond the specific duties of her office by explaining where to obtain ownership structuring information, providing other business resources, and having a staff notary public available. One of Beverley's most notable accomplishments includes the forefront of implementing a website with the availability of 24 -hour, 7 -days a week access to the current 31 printable business - related forms and instruction sheets, as well as 19 user - friendly business online programs. As a result, County expenses for issuing required forms have been substantially reduced. She has also encouraged tax payers to "go green ", which has resulted in tremendous success for the 2013 season where 72.7% of business renewals were completed online. Beverley is to be commended for her initiative and dedication. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors this 24` day of April, 2013 that Beverley H. Rosato is hereby recognized as the Frederick County Employee of the Month for April 2013; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its gratitude to the Beverley for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FURTHER RESOLVED that Beverley H. Rosato is hereby entitled to all of the rights and privileges associated with this award. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL REAPPOINTMENT OF TOMMY PRICE - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board reappointed Tommy Price as Frederick County representative to the Lord Fairfax Emergency Medical Services Council. This is a three year appointment. Term expires June 30, 2016. The above motion was approved by the following recorded vote: Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 340 Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF DAVID C. REICHERT AS FREDERICK COUNTY REPRESENTATIVE TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board reappointed David C. Reichert as Frederick County representative to the Winchester Regional Airport Authority. This is a four year appointment. Term expires June 30, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye APPOINTMENT OF DEVELOPMENT IMPACT MODEL COMMITTEE - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven the Board appointed the following members to the Development Impact Model Committee: Kris C. Tierney -- County Administration Representative Gary A. Lofton — Board of Supervisors Representative Robert A. Hess — Board of Supervisors Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Dr. John Lamanna — School Board Representative Brian Madagan — Economic Development Commission Representative Stephen Pettler — Top of Virginia Building Association Representative J.P. Carr — Top of Virginia Building Association Representative This is a one year appointment. Term expires June 28, 2014. The above motion as approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER 2013. — APPROVED UNDER CONSENT AGENDA The Board canceled the following Board of Supervisors' meetings for the summer: June Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 341 26th, July 24th, August 28th, September 25th and October 23rd. The Board Meetings of November 27th and December 25th were canceled due to the holidays. RESOLUTION ( #050 -13) TO ACCEPT FOR CONSIDERATION AN UNSOLICITED PROPOSAL UNDER THE PUBLIC - PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 AND TO INVITE COMPETING PROPOSALS - APPROVED Administrator Riley advised the County received an unsolicited proposal to construct a 150,000 square foot county office building to be located in Frederick County. He went on to say it would be appropriate to accept this proposal for consideration, which would then generate the county seeking competing proposals for consideration. Supervisor Hess suggested the second line of Article VI on page 6 of the document titled "Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals" be amended to remove the wording "in their descending order of priority ". He stated that all of the criteria were important in evaluating any proposal. Upon a motion by Supervisor Hess, seconded by Vice - Chairman Ewing, the Board approved the deletion of the words "in their descending order of priority" from Article VI on page 6 of the Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the Resolution to Accept for Consideration an Unsolicited Proposal Under the Public- Private Education Facilities and Infrastructure Act of 2002 and to Invite Competing Proposals. WHEREAS, the current County administration building is located in downtown Winchester and is no longer sufficiently convenient to the citizens of Frederick County; and WHEREAS, the population of the County has grown, based upon estimates from the University of Virginia's Weldon Cooper Center for Public Service, from 55,900 inl997 (when the current County administration building was opened) to 80,118 in 2012, an increase of 44% and is anticipated to grow to 119,419 in 2030, a further increase of 49 %; and WHEREAS, given the County's past and anticipated population growth, the current County administration building is not capable of sufficient expansion to continue to adequately serve the needs of the County's growing population; and WHEREAS, significant undeveloped acreages zoned for commercial development are present in the County and construction of a new County administration building in the County would be a catalyst for economic development in the County generally and, specifically, in the Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 342 particular environs of a new County administration building; and WHEREAS, the County has received an unsolicited proposal under the Public - Private Education Facilities and Infrastructure Act of 2002 ( "PPEA "), Va. Code §56- 575.1, et seq. from Frederick County Center, LLC to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and WHEREAS, the Frederick County Board of Supervisors has determined that proceeding with a procurement under the PPEA initiated by acceptance for consideration of the unsolicited proposal, submitted by Frederick County Center, LLC, to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, using the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, is appropriate and justified and that use of "competitive negotiation" procedures under the PPEA for this procurement is likely to be more advantageous to the County and the public based upon (1) the probable scope, complexity, or urgency of the project, or (2) risk sharing, added value, economic benefit from the project that would not otherwise be available. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby accept for consideration by County, the PPEA proposal of Frederick County Center, LLC, to provide financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, and that County solicit competing proposals for the financing for, land for, and design and construction of a new County office building, and purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia, with such new building being located in the County and being approximately 150,000 square feet in size, and with any such proposal providing for the purchase of the existing County office building at 107 North Kent Street, Winchester, Virginia; and BE IT FURTHER RESOLVED, that the Board authorizes the County Administrator to cause an appropriate Notice to be issued and published, as required by the PPEA and the County's PPEA procedures, and to cause an appropriate Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals to be issued, the Notice and the Receipt being in substantially the same form as presented to the Board at its meeting on April 24, 2013; and BE IT FURTHER RESOLVED, that, for unsolicited proposal of Frederick County Center, LLC and any competing proposals, the County use the procurement method of "competitive negotiation of other than professional services ", the evaluation criteria developed by County staff, and terms and conditions developed by County staff, as reflected in the referenced Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals. ADOPTED this 24 day of April, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 17, 2013 at 8:00 a.m. Member Richard Shickle was absent. Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 343 1. Approval of March 20, 2013 meeting See attached, p. 3 -6. The committee recommends approval. 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $1,953.90 This amount represents travel reimbursements. No local funds required. See attached memo, p. 7. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dehaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A, Lofton Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $703,359.56 This amount represents funds needed for technology projects. See attached information, p. 8 -9. The committee authorized vendor negotiations to begin for phase III of the mobile project. The committee also recommends approval of $95,400 for the dual authentication and the virtual server projects. Remaining requests will be considered at a later date. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Hess, the Board approved the appropriation of $95,400 for the dual authentication and the virtual server projects and authorized vendor negotiations to being for Phase III of the mobile project. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 4. Outside agency contribution information is provided for discussion. See attached information, 10 -26. The committee will continue discussions at the next committee meeting. 5. The Finance Director requests a General Fund supplemental appropriation in the amount of $518,088.76 This amount represents prior year tax refunds that were refunded in 2012. The committee recommends approval. - Approved Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The County Administrator provides requested information for discussion on tax exemption for The Village at Orchard Ridge. See attached information, p. 27 -28. The committee Minute Book Plumber 38 Board of Supervisors Regular Meeting of 04/24/13 3441 recommends denial of the PILT request. Chairman. Ewing and member Hottle abstained from this item. — Approved Recommendation of Denial Vice - Chairman Ewing stated that he would abstain from consideration of this request due to a conflict of interest. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board approved denial of the PILT request from The Village at Orchard Ridge. Supervisor Hess asked if another offer could be made that was not on the table at this time. Administrator Riley responded yes. Supervisor Lofton stated he agreed with leveling the playing field, but he would level it in a different way. He went on to say he would look at exemptions the Board has given others to see what was done in the past. Supervisor Collins stated he still had a number of questions and was not comfortable voting for or against this request at the present time. He then moved to postpone consideration of this request until the next meeting. The motion died due to the lack of a second. There being no further discussion, the motion to deny the PILT request was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr. Robert A. Hess Gene E. Fisher Gary A. Lofton Nay Abstain Abstain Aye Aye Aye Aye ** *Information Only * ** 1, The Finance Director provides a Fund 10 Transfer report for March 2013. See attached, p. 29. 2. The Finance Director provides 3/31/13 financial statements. See attached, p. 30 -40. 3. The Finance Director provides 4/12/13 General Fund fund balance report. See attached, p. 41. PUBLIC HEARING PUBLIC HEARING - ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE XVIII, SPECIAL LICENSE PROVISIONS; SECTIONS 155 -98 CARNIVALS, CIRCUSES AND TRAINED_ ANIMAL SHOWS; AND 155 -100 ITINERANT AND DISTRESSED MERCHANDISE VENDORS. THE PURPOSE OF THESE AMENDMENTS IS GENERALLY, TO ADD TRAINED ANIMAL SHOWS AS SUBJECT TO THE LICENSE TAX IN SECTION 155 -98, TO REDUCE THE LICENSE TAX FROM Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 345 $500 TO $100 PER EVENT FOR PERSONS CONDUCTING FOR - PROFIT FESTIVALS TO REDUCE THE LICENSE TAX FROM $500 TO $30 PER EVENT FOR PERSONS SELLING GOODS AT FOR - PROFIT FESTIVALS, TO EXEMPT FROM THE LICENSE TAX NON - PROFIT ORGANIZATIONS CONDUCTING FESTIVALS, AND TO EXEMPT FROM THE LICENSE TAX PERSONS SELLING GOODS AT NON - PROFIT FESTIVALS - APPROVED Administrator Riley advised this was an ordinance to amend Chapter 155, Article XVIII of the Frederick County Code. He then asked County Attorney Rod Williams to review the ordinance changes. County Attorney Williams advised the current ordinance imposes a $500 license tax for temporary vendors that are not otherwise licensed in Frederick County. The County has a right to impose a lesser tax and that is what this ordinance change does. Supervisor Lofton asked how non - profits would be designated. County Attorney Williams responded the status would be determined by the IRS designation. Chairman Shickle convened the public hearing. Jay Marts, Gainesboro District, stated he thought this was a great idea. He went on to say that anything the County can do to allow non - profits to sell items is good. There being no further public comments, Chairman Shiekle closed the public hearing. Upon a motion by Supervisor Collins, seconded by Vice - Chairman Ewing, the Board approved the ordinance amending Chapter 155 of the Frederick County Code. The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -98 and 155 -100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 155 -98 and 155 -100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect immediately (deletions are shown in and additions are shown in bold underline): CHAPTER 155 TAXATION § 155 -98 Carnivals, circuses and trained animal shows. A. "Carnival" shall mean an aggregation of shows, amusements, concessions, eating places and riding devices operated together on one lot or street or not on contiguous lots or street, whether the same are owned and actually operated by a separate person or not. Carnivals, festivals, fiestas and amusements of a like natufe for the privilege of doing business in Frederick County shall pay a Iicense tax of $500 per day or part thereof, which shall not be prorated or transferable. B. Circuses, menageries trained animal shows and shows of a like nature shall pay for the privilege of showing in the County a license tax of $100 per day or part thereof. C. Persons conducting events pursuant to Section 155- 100(F) of this Code shall pay for the privilege of conducting such events in the County a license tax of $100 per event Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 346 Q D. A nonprofit organization is not required to obtain a license under this section nor is any person or organization participating in an event not to exceed ten consecutive days in length, conducted ky a nonprofit organization, when the purpose of such event is in furtherance of the nonprofit nature of such or anization required to obtain a license under this section. § 155 -100 Itinerant and distressed merchandise vendors. A. Each person who shall engage in or transact any temporary or transient business in this County for the sale of goods, wares and merchandise and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car or public room or any part thereof, including rooms in hotels, lodging houses or houses of private entertainment, or in any street, alley or other public place for a period of less than a year for the exhibition or sale of such goods, wares or merchandise shall pay for such privilege a license tax of $500 per year, which license shall not be prorated or transferable. B. Each person who or which has not been licensed for at least one year to sell or to offer for sale goods, wares or merchandise before the adoption of this section and who shall hereafter apply for a license to sell or offer for sale, goods, wares or merchandise within the County shall file with such application a °f sc�ua da is a statement from the owner of the building, structure, etc., to be used by such applicant, indicating consent to use the premises for such sales, or no license shall be issued unless and until such ..ff u=aa[da�vi statement is attached to the application. C. On each transient vendor for the sale of bankrupt, assignee, trustee, fire-wreck stock or salvage stock, a license tax shall be paid of $500 per year, which license shall not be prorated or transferable. D. No persons shall be exempt from the payment of the license tax imposed by this section by reason of associating temporarily with any local merchant, dealer or trader or by reason of conducting such business in the name of any local merchant, dealer, trader or auctioneer. E. No license tax shall be required under this section for any itinerant merchant participating in an event, not to exceed ten consecutive three days in length, sp onsored conducted by a nonprofit organization , when the purpose of such event is in furtherance of the nonprofit nature of such organization, and the sale of any goods, wares or merchandise is merely ancillary to such event and not the primary purpose therefor, and any such itinerant merchant shall have registered with and been approved by such nonprofit organization. The provisions of this subsection E do not create any exemption from the provisions of this Code regarding the meals tax or from the provisions of the Code of Virginia reeardinll the sales and use tax. F. Notwithstanding subsections A through D of this section each person who shall engage in or transact any business in this County for the sale of goods, wares and merchandise at a festival, as that term is defined in Section 86 -2 of this Code, or at any other pre-arranged event at a single location whether indoors or outdoors of more than 100 individuals, shall pay for such privilege a license tax of $30 per festival or event, which license shall not be prorated or transferable, and any such person shall have registered istered with and been approved by the person conducting the festival or event No license shall be required under this subsection for (i) vendors at flea markets under Section 155 -112 of this Code who are to be licensed under that section; or ii vendors who have otherwise obtained or are otherwise required to obtain a license pursuant to Section 155 -73 of this Code. The provisions of this subsection F do not create any exemption from the provisions of this Code regarding the meals tax or from the provisions of the Code of Virginia rceardin2 the sales and use tax. G. "Conducting" shall, for purposes of this section, mean organizing, sponsoring, promoting, hosting, or otherwise bei responsible for a festival or event under this section. Minute Book Number 38 Board of Supervisors Regular Meeting of 44/24/13 347 Enacted this 24th day of April, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSED SALE OF AN EASEMENT TO THE OLDE WOOLEN MILL, LLC (OR SUCCESSOR(S) or ASSIGN(S)), TO ACCOMMODATE A CONNECTION TO THE FREDERICK COUNTY SANITATION AUTHROITY SYSTEM FOR THE BENEFIT OF THE PROPERTY OF THE OLDE WOOLEN MILL, LLC (OR SUCCESSOR(S) OR ASSIGN(S)), SAID EASEMENT CONSTITUTING APPROXIMATELY 7,843 SQUARE FEET, AND BEING LOCATED ON A PORTION OF TAX PARCEL NUMBER 33- A -162B SAID PARCEL INCLUDING PORTIONS THAT WOULD NOT BE SUBJECT TO THE EASEMENT BEING A PORTION OF THE PROPERTY USED BY AND REFERRED TO BY FREDERICK COUNTY AS CLEARBROOK PARK IN THE STONEWALL MAGISTERIAL DISTRICT. APPROVED Administrator Riley advised the Parks and Recreation Commission recommended the Board approve the sewer easement submitted by Painter and Lewis that would run from the old Clearbrook Woolen Shop through a portion of Clearbrook Park and connect to the Frederick County Sanitation Authority system. This easement is approximately 7,800 square feet. He went on to say the request was approved by the Parks and Recreation Commission and the requestor would compensate Frederick County $1,638, which is 25% of the appraised value as per the Parks and Recreation Easement Policy. The requestor had also offered to donate $25,000 for the construction of a maintenance storage building at Clearbrook Park in addition to meeting the requirements of the Easement Policy. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the sale of an easement to the Olde Woolen Mill, LLC. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Aye Gene E. Fisher Aye Minute Book Number 38 Board of Supervisors Regular Meeting of 04124113 348 Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #02 -13 FOR FRED SABIA, FOR A COTTAGE OCCUPATION — HOME OFFICE. THE PROPERTY IS LOCATED_ AT 102 CALIBER COURT (ROUTE 1396), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54N- 2 -5 -82 IN THE STONEWALL MAGISTERIAL DISTRICT. - DENIED Zoning Inspector Dana Johnston appeared before the Board regarding this item. He advised this was an application for a conditional use permit to allow a marriage counseling office in the RP zoning district. The property is located at 102 Caliber Court in the Star Fort subdivision. He concluded by saying the Planning Commission recommended approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than six (6) clients per day. 3. The applicant shall provide two (2) parking spaces for this use. 4. Hours of operation shall be Monday through Friday, 9 a.m. to 6 p.m., and one additional Saturday a month from 9 a.m. to 3 p.m. 5. No signage permitted. 6. Other than those residing on the property, there shall be no additional employees. 7. Any expansions or change of use shall require a new Conditional Use Permit. Supervisor DeHaven asked for clarification regarding the two parking spaces. Zoning Inspector Johnston responded they were off - street spaces and would be designated in the driveway. Chairman Shickle convened the public hearing. Jerry Stevens, Stonewall District and neighbor, stated she was not in favor of this proposed business opening in her neighborhood. She advised about 16 children play outside during his proposed business hours and she was concerned about their safety. She noted there would be 240 vehicle trips each month, excluding the proposed Saturday hours. She went on to say she believed approval of this application would open "a can of worms" and she asked the Board to oppose the application. Lynnwood DeHaven, Stonewall District and resident of Star Fort, noted he lived at the end of the cul -de -sac on Fortress Drive. He stated Mr. Sabia was performing a much needed service, but the covenants for the neighborhood are clear, the homes are to be single- family Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13 349 residential dwellings only. There being no further public comments, Chairman Shickle closed the public hearing. Fred Sabia, applicant, stated he did mostly marriage counseling, but he used to do some mental health. He knew of four colleagues who had their practice in their homes. He concluded by saying he could space appointments to address the traffic concerns raised. Supervisor DeHaven asked County Attorney Williams to address the covenant issue. County Attorney Williams responded the covenants were a private agreement within the community and Frederick County had no enforcement responsibility or authority. He went on to say, with regard to the Zoning Ordinance, the applicant must have a conditional use permit if he wants to conduct this business activity in his home. Supervisor DeHaven stated he was not insensitive to the concerns raised. He noted the ordinance allows for these types of uses and this permit would not relieve the applicant from his responsibilities under the covenants. Supervisor DeHaven moved to approve Conditional Use Permit #02 -13. The motion was seconded by Supervisor Collins. Supervisor Fisher stated he was troubled due to the covenant conflict and the concerns raised by the neighbors. The above motion was defeated by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Nay Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Robert A. Hess Nay Gene E. Fisher Nay Gary A. Lofton Nay BOARD LIAISON REPORTS There were no board Iiaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME Minute Book Number 38 Board of Supervisors Regular Meeting of 04124/13 350 BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:55 P.M.) Richard C. Shickle Chairman, Board of Supervisors Or L Jo R. Ri y, Jr. Clerk, Board of Supervisors Minutes Prepared By: �C-b 9 — `1 Jay E. Tfbbs Deputy Clerk, Board of Supervisors Minute Book Number 38 Board of Supervisors Regular Meeting of 04/24/13