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February 12 2014 Regular Meeting Minutes22� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 12, 2014, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Charles S. DeHaven, Jx.; Christopher E. Collins; Gene E. Fisher; Robert A. Hess; Gary A. Lofton; and Robert W. Wells. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Collins delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman DeHaven led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AIVIENDED Administrator Riley advised he had one change to the agenda. He added a resolution declaring a local emergency as item number four under County Officials. Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the amended agenda by the following retarded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Public Safety Committee Report —Tab E; and - Setback Waiver Request � Telecommunications Tower _ Verizon Wireless/ - Bertha McIlwee Trust —Tab K. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the consent agenda by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Minute Book Number 39 Board of Supervisors Regular Meeting of U2112114 2241 Gary A. Lofton Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Collins, the minutes from the January 20, 2014 Budget Work Session were approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. -Hess Aye Gary A, Lofton .gye Robert W. Wells Aye Upon a motion by Supervisor Fisher, seconded by Supervisor Wells, the minutes from the January 22, 2014 work session with the Frederick County School Board were approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the rr�inutes from the January 22, 2014 regular meeting by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COUNTY OFFICIALS HISTORIC PLA UE PRESENTATION — IRESON SPRINGS FARM Senior Planner Candice Perkins appeared before the Board on behalf of this item. She advised the Historic Resources Advisory Board unanimously approved the Historic Property Designation application for, Ireson Springs Farm, located at 4750 Cedar Creek Grade. Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 �z� i � . �� Chairman Shickle presented the histoxic plaque to the property owners on behalf of the COMMITTEE APPOINTMENTS LORIN SUTTON APPOINTED TO THE TECHNOLOGY COMMITTEE Chairman Shickle advised the Board that be had appointed Lorin Sutton as a citizen representative to the Technology Committee. APPOINTMENT OF ROBERT MOLDEN AS OPEQUON DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion of Supervisor Wells, seconded by Vice - Chairman DeHaven, the Board appointed Robert Molden as Opequon District representative to the Planning Commission to fill the unexpired term of Brian Madagan. Term expires April 7, 2017. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye REAPPOINTMENT OF BEVERLEY B. SHOEMAKER TO THE ECONOMIC DEVELOPMENT AUTHORITY ORMERLY INDUSTRIAL DEVELOPMENT AUTHORIT - APPROVED Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board reappointed Beverley B. Shoemaker as the Opequon District representative to the Economic Development Authority. Her term will expire rune 30, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, .lr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye R�UEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED �� —��� Administrator Riley presented the following requests frorn the Commissioner of the Revenue for a supplemental appropriation and to authorize the Treasurer to credit the following entities: 1. Stuart M. Perry Incorporated in the amount of $18,741.60 for personal property taxes for 2011, 2012, and 2013. As owner of property at Rock Harbor Golf Course, this Minute Book Number 39 Board of Supervisors Regutar Meeting of 02/12/14 ��s portion of personal property is assessed as daily rental and should oat be charged personal property taxes. The Commissioner has verified that the items are being taxed as daily rental. - APPROVED Upon a motion by Vice- Chairman DeHaven, seconded by Supervisor Lofton, the Board approved the supplemental appropriation and refund request. The above motion was approved by the following retarded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 2. Wheel 2 Wheel Promotions VA LLC in the amount of $4,383.37 for adjustments to business license f ling for 2011 and 2012. This refund resulted from misclassification of xeceipts and not as a return of revenue. Furthermore, no money will be refunded to Wheel 2 Wheel Promotions VA LLC because additional business license for 2011 and 2012 in excess of this refund is being assessed - APPROVED Upon a motion by Vice - Chairman DeHaven, seconded by Supervisor Hess, the Board approved the supplemental appropriation and refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 3. Disabled Veteran's Relief in the amount of $5,744.85 for 2011, 2012, and 2013 real estate taxes, based on proper filing of proof of 100% permanent and total disability directly due to military service, as required under the Virginia Code change as a result of the Constitutional amendment. that took effect far 2011. Taxpayer's name cannot be made public because of applicable legal requirements as to privacy, but is known to the Commissioner, the Treasurer, and the County Attorney on a confidential basis. - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board approved the supplemental appropriation and refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye DECLARING A LOCAL EMERGENCY IN FREDERICK COUNTY VIRGINIA RESOLUTION #035 -14 - APPROVED Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 22� Upon a motion by Supervisor Wells, seconded by Supervisor Collins, the Board approved the resolution declaring a local emergency in Frederick County, Virginia. WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that: 1. Due to severe weather that is forecasted for Frederick County and directly related to pending winter storm with the expectation of wide spread and numerous and perhaps long term power outages; 2. Due to -the severe weather associated with the pending winter storm and the expectation of impaired travel and access; 3. Due to severe weather associated with the pending winter storm, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the county of Frederick, Virginia that an emergency exists throughout the county, and IT IS FURTHER PROCLAIMED AND ORDERED that due to the above stated circumstances, and after. consultation with the Coordinator and Deputy Coordinator {s} of Emergency Management, the Deputy Director of Emergency Management on behalf of the Director 'of Emergency Management declared a local emergency pursuant to Section 44.146.21 of the Code of Virginia on February 12, 2014. This local emergency declaration remained in effect until February 18, 2014 during which time the powers, functions, and duties of the Deputy Director of Emergency Management and the Emergency Services Organizations of the County of Frederick shall be those prescribed by state law and the ordinances, resolutions, and approved plan of the County of Frederick in order,to mitigate the effects of said emergency. ADOPTED this 12th day of February 2014. The above motion was approved by the following recorded vote: Richard C. 5hickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye COMMITTEE REPORTS PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA A meeting of the Public Safety Committee was held on Tuesday January 14, 2014 at 8:30 a.m. at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gary Lofton, Ron Wilkins, Chuck Torpy, and Gene Fisher. Members Chris Collins and Michael Lindsay were absent. Also in attendance were County Administrator John R. Riley, Jr., Fire &Rescue Chief Denny Linaburg, Deputy Fire Chief Larry Oliver, Communications Director LeeAnxza Pyles, Human Resources Director Paula Nofsinger, Sheriff Robert Williamson, Deputy Fire Chief Bill Bowmaster, and Deputy Fire Chief Jay Bauserman. The following items were discussed: * * *Infortuation Only * ** 1. Proposed FY 15 Budgets for Public Safety, ,,Departments (See Attached} The three Public Safety Departments presented their proposed FY 15 budgets. Each department highlighted needs for increased funding of key line items. Minute Book Number 39 Board of Supervisors Regular Meeting of OZ112/14 Communications Director Pyles highlighted five line items in need of increases due to the rising cost of supplies, additional contracts, services, and upgrades to the 911 center. These are necessary to keep the center current and up to date. The additional funding would greatly decrease the number of transfers to cover costs of these services. The 911 center's call volume is approximately 700 -800 calls per day. At this time the center is not fully staffed. Director Pyles stated that the center is staffed with at least three dispatchers at a time except from Sam -Sam with only two dispatchers an duty. Peak times fluctuate on a daily basis with 2pm -9pm being the heavier times due to County departments, such as the sanitation authority, DDS, courts, etc. being closed and dispatch answering those inquires. Sheriff Williamson began by citing the increase in calls for service, which have risen 8.3 %along with increases in five other performance areas. With these types of increases yearly, the need to have equipment updated, deputies trained/certified, and staffing coverage at its peak must be addressed. Over the past few years the department has not been able to update or purchase equipment paramount to the department's function. An example was the need to obtain Tasers at a cost of $200,000. It was also noted the grants previously used to help fund computer forensics equipment; school resource officers, drug task force supplies, etc. are beginning to run out. Sheriff Williamson noted career development has been fiuided for the current fiscal year; however, the Sheriff's Department is requesting a 40% increase in career development for the FY15 budget which would allow deputies the opportunity to receive the proper training, which would allow them to advance in their particular specialty area. Academy fees, printing/binding, and telephone appropriations need'to increase as fees rise. The additional $27,000 for mobile data computers is needed, as well as, an increase in the vehicle equipment line item as the department is seeking 25 additional cars. The old fleet needs to be replaced due to high mileage. � Funding is also being sought for the DARE program, as the donations from the public have dissipated for this essential public education program. The department continues to seek grants to have a full complement of school resource officers present, as fihe schools do not participate in funding. The proposed budget for FY15 reflects an increase of 1.67% from the current year with the Comp Board payments of approximately $2 million remaining unchanged, j Chief Limburg discussed the challenges within his department. A few of these challenges are retentioniturnover in staff, overtime, and start up costs for new hires, which include $5,845 to outfit, the aging fleet and equipment, and .maintenance casts. The aforementioned challenges along with available adequate water supplies drive our Insurance Service Office (ISO} ratings far insurance rates for home and business owners. The higher the rating is (e.g. 9) the greater the insurance premium. Fire &Rescue's budget proposal is reflective of increases and items needed for the department to function safely and to continue to provide excellent service to our citizens. Mr. Riley mentioned that the Fire &Rescue Association is asking the County to pick up the following costs: $125,000 for casualty insurance, $186,000 for fuel costs, special requests from four departments at $40,OOOIper department, and an increase in length of service program which is an incentive program to keep volunteers active and involved in the companies. The program is currently funded at $86,000, but they are asking for an additional $6,000. These requests will need to be addressed further to determine if funding is available. Mr. Riley also mentioned the salary survey is underway and information should be available next month. This survey is looking at 90 Frederick County positions within Frederick County compared to other jurisdictions and the surrounding area. Sheriff Williamson stated the starting salary for a Frederick County deputy is the lowest in the northern valley right now. Next Meeting Adjourn: The meeting was adjourned at 9:45 A.M. LAKE HOLIDAY DAM WORKING GROUP REPORT - APPROVED Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 X29 The LHSD Dam Working Committee met in the Public Works Department Conference Room located on the 2 "d Fioor of the 107 North Kent Street complex on Tuesday, January 28, 2014 at 10:00 a.m. Members present: David Burleson, Barbara Magill, Robert Hess, Ed Strawsnyder, and Kris Tierney. 1) Staff provided the Committee with a general update on the status of the spillway project. The construction was completed in May of 2013 with the final contingency payment to the contractor being made in November. The project was completed $415,000 under budget for a final cost of $8,417,796.14. The remaining funds will be held in the LHSD Rate Stabilization Fund. Item Requiring Board Action 2} Setting Assessment Rate far 2014 - Approved Staff briefed the Committee on the status of collections and debt service. Collections continue to exceed the minimum required to meet annual expenses by approximately $180,000lyear. The Committee was asked to make a recommendation on the rates in order to have them incorporated into the County's budget adoption process. Although no formal motion was made, it was the consensus of those present that the current rates of $678 far buildable lots and $264 for membership lots should be left in place. Upon a motion by Supervisor Hess, seconded by Supervisor Collins, the Board approved the Lake Holiday Special Assessment Rates fox 2014 at $678 for buildable lots and $264 for membership lots. The above motion was approved by the following recorded vote: Richard C. Shickle Christopher E. Collins Charles S. DeHaven, Jr Gene E. Fisher Robert A. Hess Gary A. Lofton Robert W. Wells PUBLIC HEARING C� Aye Aye Aye Aye Aye Aye Aye - TWELVE MONTH RE UEST OF GROVE'S WINCHESTER HARLEY- DAVIDSON. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT RE UTRED• APPLICATION• ISSUANCE OR DENIAL• FEE• PARAGRAPH D• TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY- DAVIDSON 14A INDEPENDENCE DRIVE WINCHESTER VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Administrator Riley advised this was a request fora 12 month outdoor festival permit for Grove's Winchester Harley- Davidson. All events to be held an the grounds of Grove's Winchester, 140 Independence Drive, Winchester, Virginia. The property is owned by Jobalie, LLC. Chairman Shickle convened the public hearing. There were no public comments Minute Book Number 39 Board of Supervisors Regular Meeting of pZ112/14 230 Chairran Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the Twelve month outdoor festival permit for Grave's Winchester Harley - Davidson. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 155 TAXATION ARTICLE VII RETAIL SALES TAX. SECTIONS 155 -32 ADMINISTRATION AND COLLECTION• ARTICLE VIII TAX ON PURCHASERS OF UTILITY SERVICE, SECTION 155 -35 LOCAL USER FEE; ARTICLE XVI BUSINESS LICENSE PROVIS_LONS, SECTION 155- 96 LICENSE FEE AND TAXL_ SECTION 155 -100 ITINERANT AND DISTRESSED MERCHANDISE VENDORS• AND TO ENACT A NEW SECTION 155 -113 CONTRACTOR TO PROVIDE LIST OF SUBCONTRACTORS AS PART OF ARTICLE XVI AND TO REPEAL ARTCLE XII, HOME HEATING OIL LOCAL OPTION SALES AND USE TAX, SECTION 155 -47 TAX IMPOSED. THE PURPOSE OF THESE PROPOSED AMENDMENTS IS TO CONFORM THE COUNTY CODE TO SUBSE DENT CHANGES IN THE VIRGINIA CODE TO INCLUDE A CORRESPONDING PROVISION FOR BUSINESS LICENSE TAX APPLICABLE TO WINE WHOLESALERS, TO ELIMINATE THE VENDOR BUSINESS LICENSE REQUIREMENT FOR VENDORS WITH BUSINESS LICENSES ISSUED BY THE TOWN OF MIDDLETOWN OR THE TOWN OF STEPHENS CITY AND TO ADD A PROVISION FOR THE COMMISSIONER OF THE REVENUE TO REQUIRE THE SUBMISSION OF SUBCONTRACTOR LISTS BY CONTRACTORS. - APPROVED Administrator Riley advised the purpose of these proposed amendments was to conform the County Code to subsequent changes in the Virginia Code, to include corresponding provision for business license tax applicable to wine wholesalers, to eliminate the vendor business license requirement for vendors with business licenses issued by the Towns of Middletown and Stephens City, and to add a provision for the Commissioner of the Revenue to require the submission to subcontractor lists by contractors. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Lofton noted the specific reference to Verizon Telephone Company in section 155 -35 Local User Fee. He asked if there should be reference to the other phone companies that serve the county. Minute Book Dumber 39 Board of Supervisors Regular Meeting of 42/12114 G�� County Attorney Williams responded the warding could be changed to read "...local user fee for each local exchange carrier..." to address that concern. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the ordinance to amend the Frederick County Cade Chapter 155, with the edit provided by the county attorney. The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155 -32, 155 -35, 155 -96 and 155100 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby are, amended by enacting amended Sections 155 -32, 155 -35, 155 -46 and 155 -100 of Chapter 155 {Taxation} of the Code of Frederick County, Virginia, as follows and to take effect immediately, that a new Section 155 -113 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, enacted as part of Article XVI of Chapter 155, as follows and to take effect immediately, and that Section 155 -47 of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, repealed effective immediately {deletions are shown in '��'-' nE,.;' "' }`"' ^"� and additions are shown in bold underline }: CHAPTER 155 TAXATION Article VII Retail Sales Tax § 155 -32 Administration and collection. Pursuant to Title 58.1, Chapter 6, § 58.1 -605 of the Code of Virginia, the local general retail sales tax levied pursuant to this article shall be administered and collected by the State Tax Commissioner of the commonwealth in the same manner, subject to the same penalties provided for the state sales tax, Article VIII Tax on Purchasers of Utility Serviee § 155 -35 Local user fee. A. An E -411 local user fee to each local exchan a carrier user is hereby adopted. The purpose of this fee is to allow for the implementation of the Enhanced 911 Emergency Telephone System. The fee shall be as prescribed by ordinance of the Board of Supervisors. B. The local user fee for Star Tannery area residents served by the Shenandoah Telephone Company shall be as established by the Shenandoah County E�411 Emergency Telephone System Ordinance, as prescribed in a joint agreement pursuant to Code of Virginia, § cQ��4 58.1 - 3813.1. Article XVI Business License Provisions § 155 -96 License fee and tax. Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 nz {i � y � • � • Y Article XVI Business License Provisions § 155 -96 License fee and tax. Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 23� [Subsections A and B remain unchanged.] C. Instead of the license fees specif ed in Subsections A and B above and except as provided in Subsection C {9 }(f), every other such person or business subject to licensure under this article shall be assessed and required to pay a license tax as set forth below for the class of enterprise listed: [Paragraphs 1 through S remain unchanged.] {9) For sale of alcoholic beverages: (a} Every person who shall engage in the business of manufacturing, bottling, wholesaling ar retailing alcoholic beverages shall obtain a license therefore and shall pay therefore the license tax hereinafter provided. [1] Distiller's license. For each distiller's license, the license tax shall be $500 per annum, provided that no license shall be required of any distiller manufacturing not more than 5,000 gallons of alcohol or spirits, or both, during such license year. [2] Winery license. For every winery license, the license tax shall be �SOA X50 per annum, provided that no license shall be required of any winery manufacturing not more than 5,000 gallons of wine during such license year. [3] Brewery license. For each brewery license, the license tax shall be $500 per annum. [4] Bottler's license. For each bottler's license, the license tax shall be $150 per annum. [5] Wholesale beer and wine license. Far each wholesale beer license, the license tax shall be �38� $75 per annum. For each wholesale wine license, the license tax shall be $50 per annum. [6] Retail on- premises wine and beer license. For each retail on- premises wine and beer license, the license tax shall be $20 per annum.. [7] Retail off - premises wine and beer license. For each retail off - premises wine and beer license, the license tax shall be $20 per annum. (b) For each mixed beverage license for restaurants, including restaurants located on premises of and operated by hotels and motels, the license tax shall be: [ 1 ] One hundred dollars per annum for each restaurant with a seating capacity at tables for 50 to 100 persons. [2] One hundred fifty. dollars per annum far each restaurant with a seating capacity at tables for more than 100 but not more than 150 persons. [3] Two hundred dollars per annum for each restaurant with a seating capacity at tables for more than 150 persons. [4] Twa hundred dollars per annum for each private, nonprofit club operating a restaurant an the premises of such club. (c) The aforesaid license shall be as respectively defined by the Act of the General Assembly, known as the "Alcoholic Beverage Conirol Act," and the terms "alcoholic beverages," "alcohol," "spirits" and "wine," wherever used in this article, shall reflect the meanings respectively ascribed to them by such Act. Minute Book Number 39 Board of supervisors Regular Meeting of 02/12/14 233 (d} No license shall be issued under this section to any person unless such person shall hold or secure simultaneously therewith the proper state license required by the Alcoholic Beverage Control Act, which state license shall be exhibited to the Commissioner of the Revenue, and all dining rooms, restaurants, lunchrooms and clubrooms wherein the beverages herein defined are sold for consumption on the premises shall at all times be open to inspection by the,State Police and the police or Sheriffs authorities of this County; provided, further, that all storerooms or other buildings from which deliveries are made, either at wholesale or retail, whether they are bottlers, wholesalers or retailers, shall at all times be open to inspection by State Police and police or Sheriff s authorities of the County. Any violation of the terms of this provision shall be sufficient grounds for the revocation of the license issued in accordance with this section. (e) No alcoholic beverage license shall be prorated or transferable. (f) This tax shall be in addition to applicable license taxes based on gross receipts or gross purchases. In imposing retail merchant license taxes measured by gross receipts, the term "gross receipts" shall be construed to include receipts from the sale of alcoholic beverage by persons licensed under this section. Tn computing gross receipts, alcoholic beverages shall be included in the base for measuring such license taxes the same as if the alcoholic beverages, were nonalcoholic. No alcoholic beverage license levied under this section shall be construed as exempting any license from any merchant license tax, and such merchant license tax shall be in addition to the alcoholic beverage taxes levied 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, far 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 ar merchandise before the adoption of this section and who shall hereafter apply far a license to sell or offer for sale, goods, wares or merchandise within the County shall file with such application 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 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 undex this section for any itinerant merchant participating in an event, not to exceed ten consecutive days in length, conducted by a nonprofit Minute Book Number 39 Board of Supervisors Regular Meeting of 02 /12/14 234 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 therefore, 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 pxovisions of this Code regarding the meals tax or from the provisions of the Code of Virginia regarding 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 Cade, 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 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 thaf section; or (ii} vendors who have otherwise obtained or are otherwise required to obtain a license pursuant to Section 155 -73 of this Code or ursuant to the laws or ordinances of an ineo orated town located in Frederick, County. 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 regarding the sales and use tax. G. "Conducting" shall, for purposes of this section, mean organizing, sponsoring, promoting, hosting, or otherwise being responsible for a festival or event under this section. 155 -113 Contractor to provide list of subcontractors. The commissioner in erformin the duties of such office shall have authori to re wire any person doing business in the _county to furnish, as to each subcontractor to whom any art of a contract is sublet a list of anion other thin s the names and addresses of each subcontractor and the amount of each subcontract erformed in the coup Enacted this 12�` day of February, 2014. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. We11s Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, TO REPEAL CHAP_ TER 112, MASSAGE PARLORS AND HEALTH CLUBS, IN ITS ENTIRETY. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO ELIMINATE AN ORDINANCE RENDERED UNNECESSARY BY SUBSE UENT CHANGES TO THE VIRGINIA CODE AND REGULATION UNDERTAKEN AT THE STATE LEVEL. - APPROVED Administrator Riley advised this was a proposed ordinance to amend the Frederick County Code to repeal, in its entirety, Chapter 112, Massage Parlors and Health Clubs. The Minute Book Number 39 Board of Supervisors Regular Meeting of 02/X2/1 a 23 current ordinance is rendered unnecessary by subsequent changes to the Virginia Cade and regulations undertaken at the State Ievel. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded 6y Supervisor Hess, the Board approved the ordinance to repeal Frederick County Code Chapter 112, Massage Parlors and Health Clubs. The Board of Supervisors of Frederick County, Virginia, hereby ordains that Chapter 112 (Massage Parlors and Health Clubs} of the Code of Frederick County, Virginia be, and the same hereby is, repealed in its entirety, effective immediately. Enacted this 12�' day of February, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION, ARTICLE XXV EXEMPTION FOR NONPROFIT ORGANIZATIONS, SECTION 155 -153 PROPERTY EXEMPTED FROM TAXATION BY DESIGNATION. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO CONFORM THE COUNTY CODE TO CORRESPONDING VIRGINIA CODE PROVISIONS IN CONNECTION WITH THE 2003 GENERAL ASSEMBLY DELEGATION OF TAXEMPTION DESIGNATIONS TO LOCALITIES AND TO DELETE REFERENCES TO SPECIFIC EXEMPTIONS, AS THE LIST IS NOT COMPLETE AND NEED NOT BE SET OUT IN THE COUNTY CODE. - APPROVED Administrator Riley advised this was a proposed amendment to the Frederick County Code, Chapter 155, Taxation regarding tax exempt organizations. He noted the proposed amendments would fully reflect the 2003 state law amendments, in which the General Assembly gave authority to localities to grant new tax exemptions. In the County Code, this includes a proposed new triennial application procedure whereby all tax exempt non - profit organizations in the County would be required to make such application. Based on the responses received, the Board of Supervisors could elect to revoke one or more Board- granted exemptions, and, as well, request the General Assembly repeal any pre -2Q03 General Assembly exemption. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Minute Sook Number 39 Board of Supervisors Regular Meeting of 02/12/14 23 �- Upon a motion by Supervisor Collins, seconded by Supervisor Hess, the Board approved the ordinance to amend Frederick County Code, Chapter 155, Taxation, Article XXV Exemption for Nonprofit Organizations. The Board of Supervisors of lrederick County, Virginia hereby ordains that: Section 155 -153 of Article XXV {Exemption of 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 of Article XXV (Exemption for Nonproft Organizations) of Chapter 1S5 (Taxation} of the Code of Frederick County, Virginia, and by repealing Section 155 -154 of Article XXV (Exemption of Nonprofit Organizations} of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions are shown in held- str- il�eugh and additions are shown in bold underline }: CHAPTER 155 TAXATYON Article XXV Exemption far Nonprofit Organizations g1SS -1S3 Property exempted from taxation by designation. A: The real property of an organization designated by the Board of Supervisors A �z� *ie�� and used by such organization exclusively for � ::.:igi°� ; ^� °�'�E °h� °, one or more of the purposes as set forth in Article X, Section 6 {a) , of the Constitution of Virginia,— t#�ie -ular purpe�e�� .Y.'': ^'� �'� � *;�� ��� ° °;��a ��:��- 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 purposed for which the organization is classified. ��dR =tier.��� Rah e- rrz�edee�� nee `�tl��n., r �r ��$.z ����f B. Each or anization which owns real ro er exem t from taxation ursuant to the 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 pro_pert_y. 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. 1�C. Exemption of property from taxation under this article shall be strictly constructed in accordance with the provisions of Article X, Section (6)(f) of the Constitution of Virginia. 2. Section 155 -154 of Article XXV {Exemption for Nonprofit Organizations) of Chapter 15S (Taxation) of the Cade of Frederick County, Virginia be, and the same hereby is, repealed (deletions are shown in ): � � I Y r Minute Baok Number 39 Board of Supervisors Regular Meeting of 02/12/14 ��� 3. The repeal herein of Section 155 -154 of the Code of Frederick County, Virginia shall not affect the tax exemption of any organization. as such tax exemption was in existence immediately prior to the adoption of this ordinance, but all such organizations are otherwise subject to the provisions of Section 155 -153 of the Code of Frederick County, Virginia, as amended hexein, and each such organization must comply with such provisions following the adoption of the ordinance in order to maintain its respective tax exemptian{s). 4. The provisions of this ordinance shall take effect immediately. Enacted this 12th day of February, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Rabert A. Hess Aye Gazy A. Lofton Aye Robert W. Wells Aye PLANNING COMMISSTON BUSINESS OTHER PLANNING ITEMS SETBACK WAIVER RE VEST — TELECOMMUNICATIONS TOWER — VERIZON WIRELESSBERTHA MCILWEE TRUST. — APPROVED UNDER CONSENT AGENDA Verizon Wireless, Donohue & Stearns, PLC requested a setback waiver for a telecommunication tower approved with Conditional Use �'ermit #03 -13. The property is located at 2250 Back Mountain Road (Route 600), in the Back Creek Magisterial District. This item was approved under the consent agenda. MASTER DEVELOPMENT PLAN #Oi -l.4 — SNOWDEN BRIDGE. — APPROVED WAIVER REQUEST Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a revised master development plan pertaining to housing types and the road network for the Snowden Bridge development. The applicant requested a waiver from the Board regarding the required residential separation buffer. She concluded by saying staff was seeking Board action on this waiver request. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He advised the applicant had reached out to the affected property owners and advised if they would make easements available the applicant would put the landscaping in place. He went on to say the applicant would even put the plantings highex on the property, if the owners Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 desired. He concluded by saying the offer of the landscaping would stand throughout the development of that section of the project. Upon a motion by Supervisor DeHaven, seconded by Supervisor Hess, the Board approved the waiver of the residential buffer. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye MASTER DEVELOPMENT PLAN #02 -14 — DOONBEG SUBDIVISION. -- INFORMATION ONLY Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a revision to the original master development plan fa construct 25 single family small lot homes on 4.78 acres. The revision includes the addition of one residential lot and the elimination of the residential separation buffers. The property is located on Apple Valley Road in the Back Creek Magisterial District. She concluded by saying the plan was being presented as information and no board action was required. DISCUSSION — 2014 -2015 CAPITAL IMPROVEMENT PLAN (CIP). —SENT FORWARD FOR PUBLIC BEARING � � _ Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the proposed 2014 -2015 Capital Improvements Plan contains 92 projects and conforms to the 2030 Comprehensive Plan. He noted some of the projects that were coming off of the list included all day kindergarten and the new Gainesboro convenience center. New projects being added included the new county office building to house Frederick Couniy government and school administrative offices, Parks and Recreation projects prioritized per their public survey effort, and transportation projects, which have been reorganized into funded and unfunded priorities. He concluded by saying staff was seeking Board direction regarding sending this item forward for public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved sending the 2014 -201 S Capital Improvements Plan forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14 Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Robert A. Hess Aye Gaxy A. Laftan Aye Robert W. Wells Aye DISCUSSION — PUBLIC FACTLITIES AND THE 2030 COMPREHENSIVE PLAN AMENDMENT. — REFERRED BACK TO STAFF Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposed amendment to the 2030 Comprehensive .plan regarding public facilities. He noted the language in this proposed amendment mirrors the Comprehensive Plan as it exists today. Chairman Shickle stated he was concerned the proposed language was too specific and not general enough regarding the location of these facilities. Supervisor Lofton noted the judicial component was listed in the text, but was not included under Policies/Implementation. Deputy Director Ruddy stated the language should perhaps be broadened to account for possible satellite afBces. Administrator Riley suggested staff re -word the proposed amendment and bring it back to the Board at their next meeting. The Board agreed with that suggestion. BOARD LIAISTON REPORTS There were no Board liaison reports. CITTZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle advised that Supervisor Wells received a letter from an attorney regarding private streets. He felt the Transportation Committee was the best place to deal with this request and he asked the Board to support him and Supervisor Wells by referring this item to the Transportation Committee. Upon a motion by Supervisor Lofton, seconded by Supervisor Wells, the Board voted to send the private street request to the Transportation Committee fox evaluation. The above motion was approved by the fallowing recorded vote: Richard C. Shickle Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Minute Book Number 39 Board of Supervisors Regalar Meeting of 02/12/14 -239 240 Gene E. Fisher aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye UPON A MOTION BY VICE - CHAIRMAN DEHAVEN, SECONDED BY SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:50 P.M.) Richard C. Shickle Chairman, Board of Supervisors J R. Riley, Jr. erk, Board of Supervisors Minutes Prepared By: �� �- �� Jay F� T bs Deputy Clerk, Board of Supervisors Minute Book Number 39 Board of Supervisors Regular Meeting of 02/12/14