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HomeMy WebLinkAboutJanuary 25 2017 Closed Session and Regular Meeting Minuteszit A Closed Session and Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 25, 2017, 6:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr., Blaine P. Dunn, Bill M. Ewing, Gene E. Fisher, Gary A. Lofton, Judith McCann- Slaughter, and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon motion by Vice Chairman Fisher, seconded by Supervisor Ewing, the Board convened into closed session pursuant to Section 2.2 -3711 A (5) of the Code of Vir inia, 1950, as amended, far discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community; and pursuant to Section 2.2 -3711 A (7) of the Code of Vir inia, 1950, as amended, for consultation with legal counsel employed or retained by a public body regarding legal matters, specifically: (1) the collection of subdivision infrastructure costs from parties subdividing properties, and (2) a request by a law firm representing the county that the county waive the firm's conflict of interest under the legal ethics rules with respect to that firm's representation of a party adverse to the county on an issue unrelated to the firm's representation of the county, these matters requiring the provision of legal advice by such counsel. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye Upon motion by Vice Chairman Fisher, seconded by Supervisor Lofton, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bi11 M. Ewing Aye Minute Book Number 42 Board of Supervisors Closed Session and i2egnlar Meeting of01 /25117 County of Frederick, Virginia 22� Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye — Upon motion by Vice Chairman Fisher, seconded by Supervisor Slaughter, the Board I�� certified that to the best of each board member's lcrlowledge, only discussion concerning the � expansion of an existing business or industry where no previous announcement has been made of i the business' or industry's interest in expanding its facilities in the community; and consultation with legal counsel employed or retained by a public body regarding legal matters, specifically: I i (1) the collection of subdivision infrastructure costs from parties subdividing properties, and (2) a request by a law firm representing the county that the county waive the firm's conflict of interest under the legal ethics rules with respect to that firm's representation of a party adverse to the county on an issue unrelated to the firm's representation of the county, these matters requiring the provision of legal advice by such counsel, were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye RECESS The Board recessed unti17:00 P.M. REGULAR MEETING -CALL TO ORDER Chairman DeHaven called the regular meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED Chairman DeHaven requested to remove item 2 under County Officials, Strategic Plan Update, from the agenda. Upon motion by Supervisor Wells, seconded by Supervisor Lofton, the Board approved the adoption of the agenda as amended by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of Ol /2S /17 County of Frederick, Virginia i 2z��. Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon motion by Supervisor Ewing, seconded by Supervisor Lofton, the Board approved the following items under the consent agenda: - Resolution of Appreciation for John Trenary -Tab E; - Memorandum of Understanding Between the Mount Weather Emergency Operations Center, Emergency Services Division, Mount Weather Fire and Rescue and Frederick County Fire and Rescue Department Re: Mutual Aid Agreement -Tab F; - Lake Holiday Sanitary District Advisory Committee Report -Tab G; - Finance Committee Report -Tab H; - Information Technology Report -Tab I; - Parks and Recreation Commission Report -Tab J. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS Jay Marts, Gainesboro District, addressed the Board and thanked them for the work they do. He stated it is difficult to work through 300+ pages in the meeting packet and. encouraged the Board to hold separate informational meetings on some of the high priority issues. Stated he has advocated for several years on the need to expand school capacity through addition and renovation rather than new construction and the need to look at alternatives. He referred to questions he proposed for the Board to ask and stated he could not find available the answers to the taxpayer and stated that if the School Board wanted to push citizens into a position of greatly increased debt, why could he not get answers to those questions. Mr. Marts addressed the ongoing budget workshops and referenced a recent article in the Winchester Star on the current debt. He stated the county will collect an extra $4.3 million from the 8.47% increase in real estate assessment. He further stated his prediction is the Board will spend every penny on Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of O1 /2S /17 County of Frederick, Virginia 23(1- increasing government and providing pay increases and they will not attempt to reduce the debt and not attempt to decrease taxpayer property taxes to make this revenue neutral. Kerri Ann Krte, Shawnee District, addressed the Board with reference to the Strategic Plan, Priority #13, with reference to optimal learning environment. She asked who decides what the optimal learning environment is. She stated it appears the Board of Supervisors seems to want more of a role in the design of the schools and asked what their qualifications were. She stated it is the responsibility of the educators and architects to continue their education to stay licensed. She stated as a taxpayer, she is concerned about the level of distrust of the School Board and the three architectural firms. She asked if the Board was questioning the integrity of the architects or the School Board for hiring them. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. MINUTES - APPROVED Upon motion made by Supervisor Lofton and seconded by Vice Chairman Fisher, the minutes of the Closed Session and Regular Meeting of December 14, 2016 were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Abstained Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon motion made by Supervisor Slaughter and seconded by Supervisor Lofton, the minutes of the Budget Work Session of December 21, 2016 were approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS MICHAEL A. LAKE APPOINTED TO THE LORD FAIRFAX COMMUNITY COLLEGE DOARD - APPROVED Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01!25/77 County of Frederick, Virginia 23 . Upon motion made by Supervisor Ewing, seconded by Supervisor Slaughter, Michael A. Lake was appointed to the Lord Fairfax Community College Board as a county representative, filling a vacated seat, said term to expire June 30, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Richard Lee Hawkins in the amount of $3,671.97 for proration of personal property taxes in 2016. This refund resulted from the taxpayer moving vehicles out of this locality during 2016. Upon motion made by Supervisor Lofton, seconded by Supervisor Wells, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye 2. Enterprise FM Trust .in the amount of $3,329.15 personal property taxes in 2015 and 2016. This refund resul #ed from proration of personal property taxes where vehicles owned by this company were sold, traded, or moved from this locality. Upon motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above refund request and supplemental appropriation was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye RESOLUTION ( #052 -17) - OF APPRECIATION FOR JOHN TRENARY - APPROVED UNDER CONSENT AGENDA RESOLUTION OF APPRECIATION JOHN S. TRENARY, BUILDING OFFICIAL FREDERICK COUNTY Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia ��� WHEREAS, John S. Trenary served the citizens of Frederick County, Virginia, for approximately 34 years in the Department of Building Inspections; and WHEREAS, Mr. Trenary began his career with Frederick County first as a Plumbing Inspector II (1982 - 1989), then serving as Deputy Director (1989 - 1991), and, finally, rising to the level of Building Official (1991 - 2016); and WHEREAS, through his leadership the Inspections Department implemented an automated scheduling system to improve service to the building community, the use of computer tablets to record and transmit field inspections, and improvements to the department's ability to scan record drawings; and WHEREAS, Mr, Trenary will be remembered for his leadership by example and dedication to duty, his diplomatic approach to problem solving, and willingness to work long hours to enable the Inspections Department to achieve its goals; and WHEREAS, Mr. Trenary was awarded the Jack Proctor Award for meritorious service from the Virginia Building Code Officials Association, which is the highest honor that can be bestowed on a building official. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest thanks to John S. Trenary for his leadership and wishes him all of the best in his future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of #his public servant. ADOPTED this 25� day of January, 2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE MOUNT WEATHER EMERGENCY OPERATIONS CENTER EMERGENCY SERVICES DIVISION, MOUNT WEATHER FIRE AND RESCUE AND FREDERICK COUNTY FIRE AND RESCUE DEPARTMENT RE: MUTUAL AID AGREEMENT - APPROVED UNDER CONSENT AGENDA MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY MOUNT WEATHER EMERGENCY OPERATIONS CENTER EMERGENCY SERVICES DIVISION MOUNT W EATHER FIRE AND RESCUE AND FREDERICK COUNTY FIRE &RESCUE DEPARTMET OF FREDERICK COUNTY, VIRGINIA REGARDING MUTUAL AID ASSISTANCE I. AUTHORITY. This Agreement is authorized under the provisions of 42 U.S.C. § 1856a. and 42 U.S.C. §5197. IL PURPOSE. The purpose of this Agreement is to set forth terms by which Frederick County Fire and Rescue Department {FCFRD) of Frederick County, Virginia and Mount Weather Emergency Operation Center (MWEOC) will provide mutual aid assistance to one another in order to render emergency assistance resulting from Hazardous Material (HAZMAT }, EMS incidences, or in extinguishing fires and in preserving life and property from fire or response during a local, state or federal emergency which requires emergency services. Minute Book Number 42 Board of Snpervisors Ciosed Session and Regular Meeting of 01!25!17 County of Frederick, Virginia r 2 V �.� III. RESPONSIBILITIES: A. MWEOC shall provide the following assistance contingent upon availability of staffing: 1. MWEOC personnel and assets will .not be deployed more than 1/2 hour away from MWEOC, and will be prepared to be recalled on short notice if the situation warrants. During increased threat levels no assets will be deployed. 2. Upon request by any of the FCFRD, subject to availability of staffing, in accordance with 1/2 hour restriction in paragraph a. above, will respond to locations within the requesting FCFRD jurisdiction, with trained /certified personnel for HAZMAT, EMS, Fire and Rescue emergencies. B, FCFRD shall provide the following assistance: 1, Upon request by MWEOC to the FCFRD, FCFRD as available, will respond to MWEOC, with trained/certified personnel for incidents resulting from Hazardous Material (HAZMAT), EMS, Fire, and/or Rescue emergencies affecting MWEOC personnel and /or property. IV. LIABILITY. A. Nothing in this Agreement is intended to conflict with current law or regulation or the directives of the DHS/FEMA or the FCFRD. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. B. Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the aiding unit. All employee benefits, wage and disability payments, pensions, workman's compensation claim s, damage to or destruction of equipment and clothing and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the respective party for its employees. No party hereto shall have any obligation to provide or extend insurance coverage for any of the. items enumerated herein to the other party or its personnel. C. Any equipment used by a party in carrying out this Agreement shall, at the time of action hereunder, be under the operational control of that party, and all personnel acting for a party hereunder shall, at the time of such action, be an employee or volunteer of that party. The responding team will report directly to the incident commander in charge. D. Each party agrees to waive all claims against the other party, save those resulting from gross negligence or willful misconduct by a party hereto or its personnel, for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Assistance. V. POINTS OF CONTACT. Directox of Fire and Rescue Services Frederick County Fire and Rescue Department I 07 N. Kent Street Winchester, VA 22601 Office: (540) 665 -561$ Fire Chief Department of Homeland Security, Federal Emergency Management Agency Mount Weather Emergency Operations Center P.O. Box I29 Berryville, Virginia 22611 (540)535 -4530 Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia 23 VI, OTHER PROVISIONS: A. The Chief and other Senior Officials of each party to this Agreement are invited and encouraged to frequently visit the other's activities for familiarization tours consistent with local security, or other requirements and, as feasible, to jointly conduct training and drills. B. In an effort to provide mutual assistance, FCFRD and the MWEOC enter into this agreement. When assistance is needed, either party may initiate the request. The requesting party will specify the location where aid is needed. The responding party will determine the amount and type of equipment to be dispatched and the number of personnel to allocate. The rendering of assistance under the terms of this agreement is not mandatory on either parry. C. Cross training will be offered by all parties and will be conducted at both facilities so that all responders can acclimate themselves to different environments and procedures. This includes but is not limited to: engine co., truck co., rescue co., ems operations, leadership, etc. D. For services provided FCF12D will make available any training materials and training facilities. The use of these facilities will be coordinated with the MWEOC Fire Chief or his/her designee. E. The Fire Chief of FCFRD and the Fire Chief of M WEOC are authorized to meet and draft any necessary operational procedures consistent with the terms of this agreement. Such procedures and any resulting agreements will become effective upon ratification by the appropriate personnel of each party. F, Due to the sensitive nature of this agreement, all FCFRD and MWEOC personnel are responsible for Operations Security and Communications Security procedures. All questions from media or private citizens concerning activates related to Mount Weather Emergency Operations Center should be coordinated through The Mount Weather Executive Administrator or his/her designee. G. MWEOC is not a billing agency. Therefore, MW Fire Department Employees are nat authorized to sign for or approve any fees for service, insurance billing documents, or any other documents that involve charges for equipment or services provided, H. MWEOC personnel or assets shall not be considered as the primary response agency for any area other than the property owned by the Federal Government. I. Payment. No payment shall be made to either party by the other party as a result of this MOU. No monetary value will be assessed for services rendered by either party. Both parties acknowledge that all services performed will be at their own cost. VII. EFFECTIVE DATE: The terms of this agreement will become effective on the date of signing by the last patty. VIII. MODIFICATION: This agreement may be modified upon the mutual written consent of the parties, IX. TERMINATION. The terms of this agreement, as modified with the consent of all parties, will remain in effect until terminated by any of the parties. Either patty upon 30 days written notice to all other parties may terminate this agreement. COMMITTEE REPORTS LAKE HOLIDAY SANITARY DISTRICT ADVISORY COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The LHSD Advisory Committee met in the Public Works Department Conference Minute Book Number 4Z Board of Supervisors Closed Session and Regular Meeting of Ol /ZS /17 County of Frederick, Virginia 23�� Room located on the 2nd Floor of the 107 North Kent Street complex on Monday, January 9, 2017 at 9:OOa.m. Representatives of LHCC were their Assistant General Manager, Mike Goodwin and the President of the Association, Pat Majewski. Frederick County Representatives were Ed Strawsnyder and Kris Tierney. The consensus ofthose present regarding Sanitary District assessments were as follows; Leave the FY18 assessments the same as in past yeaxs. (buildable lots $678 and $264 for membership lots) Leave the FY18 assessment at zero for land held in common by LHCC. The Board should consider these recommendations when officially setting the rates as part ofthe budget adoption this spring. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, January 18, 2017 at 8:.00 a.m. A budget work session immediately followed. All members were present. All Finance Committee items were approved under consent agenda. Finance Commiftee 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $300. This amount represents a donation for child safety seats. No local funds required. See attached memo, p. 3. 2. The Sheriff requests a General Fund su lemental a ro nation in the amount of $300. This amount represents a DARE donation. No local funds required. See attached memo, p. 4. 3. The Building Official requests a General Fund supplemental appropriation in the amount of $2 667.21. This amount represents an auto claim reimbursement. No local funds required. See attached memo, p. 5. Budget Work Session See attachments, p. 6 — 143. Informarion Only 1. The Finance Director provides a Fund 10 Transfer Report for December 2016. See attached, p.144. 2. The Finance Director provides financial statements for the month ending December 31, 2015. See attached, p, 145 — I55. 3. The Finance Director provides an FY 2016 Fund Balance Report ending January 11, 2017. See attached, p. 156. INFORMATION TECHNOLOGY COMMITTEE REPORT - APPROVVED UNDER CONSENT AGENDA The Information Technologies Committee met in the First Floor Conference Room at 107 N Kent Street at 8:15a.m., Tuesday, January 10, 2017. Present were Gary Lofton, Board of Supervisors IT Chairman; Judith McCann- Slaughter, Board of Supervisors IT Member, and Todd Robertson, IT Citizen Member. Absent were Quaiser Absar, IT Citizen Member, and Lorin Sutton, IT Citizen Member. Others present were: Scott Varner, IT Director, Patrick Fly, Deputy GIS Manager, Michelle Nugent, Network Operations Manager, and Alisa Scott, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of Ol /25 /l7 County of Frederick, Virginia 2� Administrative Assistant. Items Not Requiring Action 1. Update on IT Department a. Focus on training for recruitment and retention b. Virtual stack is 100% operational c. Reorganization: The IT department is working with Human Resources to reclassify the IT Systems Analyst to Network Administrator and Network Technician to Database Administrator. d. Career Tracks: The IT department is working with Human Resources to institute career progression tracks for each position. e. Wireless: creation and added security for a Frederick County Guest Wi -Fi f. PEG funds for Board Room presentation hardware g. 3 Year Strategic Plan: technology organization, project prioritization, and architecture and infrastructure implementation. 2. Discussion of IT and MIS FY 18 budget and feedback a. Maintenance Service Contracts for hardware and software b. Office365 as an enterprise tool to address growing IT management requirements c, Pictometry to benefit various County agencies, including Public Safety, Real Estate Assessment, and Building Inspections and Code Enforcement. d. PC Refresh for EMS tablets PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 10, 2017. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Charles Sandy, Jr., Amy Strosnider and Blaine Dunn (Board of Supervisors' Non - V oting Liaison). Items Requiring Board of Supervisors Action: None Submitted for Board Information Only: 1. Electron of Chairperson — Mr. Madagan moved to nominate Mr. Gary Longerbeam as Chairperson, second by Mr. Sandy,motion carried unanimously (7 -0). 2. Election of Vice Chairperson - Mr. Sandy moved to nominate Mr. Randy Carter as Vice - Chairperson, second by Mr. Madagan, motion carried unanimously (7 -0). 3. Buildings and Grounds Committee - Closed Session: Mr. Carter moved to convene into closed session Under Virginia Code 2.2 -371 lA(3) for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion. in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, second by Mr. Madagan, mot ion carried unanimously (7 -0). Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 0]/25/17 County of Frederick, Virginia ��,f' Mr. Carter moved to exit closed session, second by Ms. Gerometta, carried unanimously (7 -0 }. All Commission members were polled re: any discussion besides matter for closed session, all said no. PUBLIC SAFETY COMMITTEE REORT - APPROVED A meeting of the Public Safety Committee was held on Wednesday January 11, 2017, 8:30 a.m., at the Frederick County Public Safety Building, 1080 Coverstone Drive, Winchester, VA. Committee members present were: Committee Chairman Gene Fisher, Gary Lofton, Walter Cunningham, Helen Lake and Blaine Dunn. Member Chuck Torpy was not present. Also in attendance were Fire &Rescue Chief Denny Linaburg, Communications Director LeeAnna Pyles, Deputy County Administrator for Human Services Jay Tibbs, County Administrator Brenda Garton, F &R Volunteer President Dan Cunningham and Frederick County Sheriff's Deparhnent Captain Rick Singhas. The following items were discussed: Items Requiring Board Action 1. Fire &Rescue service study update - Approved to Move Forward with Fire and Rescue Study Chief Linaburg informed the Committee that of the 4 potential firms that were interviewed to conduct the fire &rescue service study- the Fitch Corporation has been selected. As of now, only the proposal from them has been seen and the subcommittee is awaiting the contract to .examine the specifics. Chief Linaburg stated that it should be no later than March 2017 for the award and 6 months to start to receive their findings. He asked the Public Safety Committee for their endorsement of Fitch and to move forward with the progress of this study. Blaine Dunn made a motion to move this endorsement forward to the Board of Supervisors for further progress. Gary Lofton seconded the motion. The Public Safety Committee unanimously forwarded the endorsement to the Board ofSupervisorsfor action. Tt was the consensus of the Board to move forward with the Fire and Rescue Study. Items Not Requiring Board Action 2. Review of MOU Mr. Lofton updated the Committee on the status of the Revenue Recovezy MOU review. After reviewing the documents, it was noted that some conditions have changed since the agreement's inception and might need to be clarified. Chief Linaburg stated that when Fitch. conducts the service study it would help to provide a better picture of all the areas of Fire &Rescue to include the 11 volunteer companies. He went on to say that any changes should be deferred until after the study is completed. The Public Safety Committee recommended no changes to the current verbiage of the MDU at this time. The Committee will revisit it after the Fire &Rescue study has been completed. 3. Other Business Chief Linaburg revisited the inquiry about "antenna rod° markers atop the fire hydrants to help locate them in heavy -snow situations. There are ordinances in the County currently regarding the clearing, blocking of hydrants. He suggested that when a snow event is predicted, to run a PSA on the radio and on the County's website and social media reminding citizens of snow removal blocking of hydrants, etc. during inclement weather. Mr. Dunn also suggested running a letter to the editor or an article in the newspaper as well to make sure that more citizens take notice, Chief Linaburg mentioned that they are still actively looking into a grant for the "antenna rods ". Chairman Fisher mentioned he would speak to Director Lawrence at FCSA about the cost/manpower since the hydrants are owned by the Authority. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 41/25/17 County of Frederick, Virginia 2�� Next Meeting: Thursday February 16, 2017. Adjourn: The meeting was adjourned at 9:30 a.m. PUBLIC HEARING PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION• ARTICLE XVI BUSINESS LICENSE PROVISIONS; ,SECTION 155 -81, APPEALS AND RULINGS._THTS PROPOSED AMENDMENT WOULD BRTNG THE COUNTY CODE INTO CONFORMANCE WITH THE STATE CODE. - APPROVED County Attorney Rod Williams addressed the Board and stated the sole purpose of this ordinance amendment is to ensure conformity between the state code and county code. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon motion made by Supervisor Dunn, seconded by Supervisor Lofton, the Board approved the ordinance amendment as presented. ORDINANCE TO AMEND BUSINESS LICENSE TAX APPEAL PROVISIONS The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155 -81 (Appeals and rulings) of Article XVI {Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155 -81 (Appeals and rulings) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions are shown in strp -�n and additions are shown in underline § 155 -81. Appeals and rulings. _ �� - Minute Book Nnmber 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, 'Virginia 23�i .. _ - - �- _ ., - �- - - �'� - - - - •. u •. i; A, Definitions. For pumoses of this section: "Amount in dispute," when used with respect to taxes due or assessed, means the amount s ecificaIl identifed in the administrative a eal or a lication for 'udicial review as disputed by the party filing such appeal or application. "Appealable event" means an increase in the assessment of a local license tax p_avable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out of the commissioner of the revenue's (i) examination of records, financial statements, books of account, or other information for the purpose of determining the correctness of an assessment: (iil determination re arding the rate or classification applicable to the licensable business; iii) assessment of a local license tax when no return has been filed by the taxp_ayer; or (iv) denial of an application for correction of erroneous assessment attendant to the filin�of an amended application for license. An appealable event shall include a taxp_ayer's appeal of the classification applicable to a business, including whether the business properly falls within a business license subclassification established by the locality, regardless of whether the taxpayer's appeal is in con'unction with an assessment examination audit or an other action taken b the loeali "Frivolous" means a finding, based on specific facts._that the party asserting the ap ep al is unlike/ to revail u on the merits because the a eal is i not well ounded in fact• ii not warranted by existing law or a good faith argument for the extension, modification, or reversal of existin lg aw; (iii) interposed for an improper purpose, such as to harass, to cause unnecessary delay in the payment. of tax or a refund, or to create needless cost from the litigation; or (iv) otherwise frivolous. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of I+rederick, Virginia 2��� "Jeopardized by delay" means a finding, based upon specific facts, that a taxpayer desi s to i> depart quickly from the locality: ii) remove his property therefrom: (iii conceal himself or his property therein; or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question. Filing and contents of administrative appeal. Any person assessed with a local license tax as a result of an appealable event as defined in this section may file an administrative appeal of the assessment within one near from the last day of the tax_year for which such assessment is made, or within one year from the date of the appealable e_v_ent, whichever is later, with the commissioner of the revenue. The_ appeal must be filed in good faith and sufficientlX identify the taxpayer, the tax periods covered by the challenged assessments, the amount in dispute, the remedy sought, each alle;�ed error in the assessment the grounds upon which the taxpayer relies, and any other facts relevant to the tax�ayer's contention. The commissioner of the revenue_ rnlay hold a conference with the tax�a�r if requested by the tax aver, or require submission of additional information and documents. an audit or further audit, or other evidence deemed necessary for a ro er and e uitable determination of the a eat. The assessment laced at issue in the appeal shall be deemed prima facie correct. The commissioner of the revenue shall undertake a full review of the tax�ayer's., claims and issue a written determination to the tax a er settin forth the facts and ar uments in su ort of his decision. The taxpayer may at any time also file an administrative appeal of the classification applicable to the taxpayer's business, including whether the business ru onerl within a business license subclassification established by the locality However the a eat of the classification of the business shall not a 1 to an license ear for which the Tax Commissioner has previously issued a final determination relating to any license fee or license tax im osed upon the taxpayer's business, for the year In addition, an +appeal of the classification of a business shall in no way affect or Chan. e any limitations period prescribed by law for appealing an assessment Notice of right of appeal and procedures._ Every assessment made by the commissioner of the revenue ursuant to an a eatable event shall include or be accom anied b a written ex lanation of the tax a er's ri t to file an administrative a eat and the s ecific procedures to be followed in the jurisdiction the name and address to which the appeal should be directed an ex lanation of the re aired content of the a eat and the deadline for filing the appeal. Sus ension of collection activit Burin a eat. Provided a timel and com lete administrative a eat is filed collection activit with res ect to the amount in dis ate relatins to any assessment by the commissioner of the revenue shall be suspended until a final determination is issued bathe commissioner of the revenue unless the treasurer (il determines that collection would be jeopardized b delay as defined in this section• ii is, advised by the commissioner of the revenue that the taxpayer has not responded to a re uest for relevant information after a reasonable time• or iii is advised b the coimissioner of the revenue that the appeal is frivolous as defined in this section Interest shall accrue in accordance with the provisions of subdivision 2 e of subsection A of section 58.1- 3703.1 of the Code of Virginia (1950 as ,amended) but no further penalty shall be imposed while collection action is sus ep nded. E. �'rocedure in event of nondecision. Anv tax�ayer whose administrative appeal to the commissioner of the revenue ursuant to the rovisions of this section has been endin for more than one year without the issuance of a final determination ma�,upon not less than 30 days' written notice to the commissioner of the revenue, elect to treat the appeal as denied and appeal the assessment or classification of the taxpayer's business to the Tax Commissioner in accordance with the provisions of subdivision 6 of subsection. A of section 58.1- 3703,1 of the Code of Vir inia 1950 as amended .The Tax Comm_ issioner shall not consider an appeal filed pursuant to the provisions of this subsection if he finds Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01J25I17 County of Frederick, Virginia 241 that the absence of a final determination on the part of the commissioner of the revenue was caused by the willful failure or refusal of the tax�ayer to provide information requested and reasonably needed by the commissioner to make his determination. F. Rulin s. Any tax�ayer or authorized representative of a tax�ayer may request a written ruling regarding the application of a local license tax to a specific situation_ from the commissioner of the revenue. And person requesting such a ruling must provide all facts relevant to the situation placed at issue and maw present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Tn addition, the tax a er or authorized re resentative ma re uest a written rulin with re and to the classification applicable to the taxpayer's business, including whether the business properly falls within a business license subclassification established by the locality. 2. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or the guidelines issued by the Department of Taxation upon which the ruling was based or (ii) the assessor notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any�erson who acts on a written Wiling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING - 2035 COMPREHENSIVE PLAN UPDATE -THE PLAN ADDRESSES THE FUTURE OF FREDERICK COUNTY FOR ITS CITIZENS. THE PLAN IS SUPPORTED BY TWO APPENDICES: APPENDIX I, WHICH INCLUDES EACH OF THE COUNT_Y'S AREA PLANS (INCLUDING THE KERNSTOWN AREA PLAN AND AN UPDATE TO THE SOUTHERN FREDERICK AREA PLAN TO INCLUDE CPPA #O1 -16 FOR THE LEONARD PROPERTY), AND APPENDIX II, WHICH PROVIDES BACKGROUND ANALYSIS AND STUDIES IN SUPPORT OF THE PLAN. - (RESOLUTION #054- 17) - APPROVED Assistant Planning Director Candice Perkins presented the 2035 Comprehensive Plan Update. She stated the five -year review and update of the 2030 Comprehensive Plan was initiated in the summer of 2015 with a three phase approach. The first phase was completed in September of 2015 and the second phase was concluded in March, 2016. She stated staff has recently completed phase three of this process which wrapped up the public outreach aspect of the Plan update and the joint work session. She further stated that following the August 17, 2016 joint work session of the � Planning Commission and the Board of Supervisors and subsequent meetings, staff has made additional changes to the draft 2035 Comprehensive Plan and the Minute Book Number 42 Board of Supervisors C9osed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia ��� Kernstown Area Plan, based upon the input received. Updates to the plan include: • Removal of redundant and repeated text to further simplify the document; • Change of Policies /Implementation to GoalsOStrategies to allow for future flexibility in the interpretation and implementation of Plan policies; • Formatting to ensure consistent terminology, formatting and organization; • Updated facts, figures, and maps; • Updates to the Kernstown Area Plan text and map; • Inclusion of the Leonard Property Sewer and Water Area (SWSA) Comprehensive Plan Amendment {CPPA #01 -2016) to the Southern Frederick Area Plan. Ms. Perkins further stated the updated plans were presented to the Comprehensive Flans and Programs Committee (CPPC) at their October 201b meeting; the CPPC endorsed the changes including the Kernstown Area Plan. The CPPC also endorsed the Leonard Property Sewer and Water Service Area (SWSA) Expansion request at their November 2016 meeting. She further stated the Planning Commission discussed the 2035 Comprehensive Plan update at their November 2, 2016 meeting, as well as updates to the Transportation Chapter and the Leonard Property SWSA Expansion (CPPA #01 -16) on December 7, 2016. The Board of Supervisors discussed the updates at their meeting on December 14, 2016; the Board of Supervisors sent the plan forward for public hearing with a SWSA addition to the Kernstown Area Plan. The Planning Commission held a public heazing on January 4, 2017 for the 2035 Comprehensive Plan and recommended approval. Chairman DeHaven convened the public hearing. Jason Tresidder, Shawnee District, addressed the Board and stated there is miscommunication as it appears in the plan that residential development is encouraged but the board is not prepared to provide the services necessary. He stated they should slow or delay growth. He went on to say if the Board is not providing funding to the schools, then something else needs to be done. Jay Marts, Gainesboro District, addressed the Board and commended Mike Ruddy and staff for the work they have done on the plan. He stated he attended the meetings and is concerned with what the last speaker said. He stated we are outgrowing the infrastructure, and the county should hold back development until a cost is provided, slow growth unless it pays for itself, Chairman DeHaven. closed the public hearing. Vice Chairman Fisher stated they needed to move forward with this; however, there are. some issues, VDOT issues, that need to be looked at. He asked if the Comprehensive Plan could Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia 2�d be approved except the Transportation part. Planning Director Mike Ruddy stated that everything is connected. Issues could be addressed to the Transportation Committee. Chairman DeHaven stated they could amend the plan at any time through the normal process. Upon motion made by Vice Chairman Fisher, and seconded by Supervisor Lofton, the 2035 Comprehensive Plan Update as presented was approved. RESOLUTION TO ADOPT THE 2035 COMPREHENSIVE PLAN, INCLUDING APPENDIX I AND APPENDIX II WHEREAS, The Comprehensive Plans and Programs Committee and the Planning Commission, with the assistance of citizen volunteers and working groups, worked diligently throughout 2015 and 2016 on the 2035 Comprehensive Plan; and WHEREAS, The 2035 Comprehensive Plan was presented to the public through a series of four public input meetings during the month of June, 201b; and WHEREAS, The 2035 Comprehensive Plan was presented to the Planning Commission and Board of Supervisors at jointwork session on August 17, 2016; and WHEREAS, The Comprehensive Plans and Programs Committee (CPPC) discussed the draft 2035 Comprehensive Plan on October 12, 2016 and recommended it be sent to the Planning Commission; and WHEREAS, the Planning Commission discussed the draft 2035 Comprehensive Plan on November 2, 2016 and December 7, 2016; and recommended that a public hearing be held; and WHEREAS, the Board of Supervisors discussed the draft 2035 Comprehensive Plan on December 14, 2016; and sent the Plan forward for public hearing; and WHEREAS, the Planning Commission held a public hearing on the proposed 2035 Comprehensive Plan, including Appendix I and Appendix II, during their regular meeting on January 4, 2017 and recommended appxoval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on the proposed 2035 Comprehensive Plan during their regular meeting on January 25, 2017; and, WHEREAS, the Frederick County Board of Supervisors finds that the adoption of the 2035 Comprehensive Plan, Appendix I and Appendix II to be in the best interest of the public health, safety, welfare and future of Frederick County, and in good planning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that THE 2035 COMPREHENSIVE PLAN, INCLUDING APPENDIX I AND APPENDIX II, is adopted. The 2035 Comprehensive Plan, including Appendix I and Appendix II, shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Charles S, DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia 2441 Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS Thera were no Board liaison reports. Alan Morrison, Gainesboro District, addressed the Board and stated they had a responsibility to all citizens, not just a select group. He stated many people are on fixed incomes and any significant tax increase would have a big impact on those people. He stated there is a lack of responsibility, practicality and reality. Megan Hammond, Sherando High School Student, addressed the Board regarding the issue of crowded schools. She referred to the modular units and having to go in and'out of rain and snow. She stated s #udents cannot take the classes they desire as there is not enough room in the classrooms. There is no room for teachers and no place to work. Adam Hammond, Shawnee District, addressed the Board and asked when this school was built. He asked the Board to please raise taxes and get on with this. Eric Peterson, Stonewall District, addressed the Board and the 2035 Comprehensive Plan. He stated with reference to growth, that train has left the station. He stated with companies coming like Amazon and Navy Federal Credit, etc, they will bring jobs, that is a good thing, but that will also bring growth. He stated there is lack of action by the board to set a date and hold a public hearing. Suzanne Greziak, Stonewall District, addressed the Board and stated she is a graduate of Sherando High School and wants her daughters to have a good experience and good schools and asked the Board to raise taxes and build the school. Allison Behan, Stonewall District, addressed the Board. and asked them to raise taxes and stated she is in support of the School CIP. Emma Phillips, Student at Stonewall Elementary School, addressed the Board with reference to Stonewall Elementary School, and stated the gym is crowded, there are too many students in one class which makes it hard to concentrate; due to the overcrowding, there is a long line to get to the nurse and get the help you need; and when there are events after school, people have to park along Route 11 and she has concerns about someone getting hit, John Birch, Shawnee District, addressed the Board and asked that the fourth high school Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia iz� be built. He stated growth is happening. He stated a school will have to be built eventually and that a short term fix will not solve the problem in the long run. Bryan Pecoraro, Stonewall District, addressed the Board and stated the Board is not looking at students with special needs and mental health issues. Stated he supports the School cIP. Brittamy Cummings, Stonewall District, addressed the Board and stated she fully supports the School C1P. Michelle Meeks, Stonewall District, addressed the Board and stated she is in full support of the CIP. She stated people move here based on the quality of schools, but while the quality of schools goes down, the enrollment goes up. Carrie Redkay, teacher, addressed the Board and asked them to please consider moving forward with the fourth high school. Brandi Hammond, Shawnee District, addressed the Board with reference to the overcrowded schools. Stated she has visited the schools and has seen the overcrowding and related issues and asked the Board to raise taxes and build the school, they need a school now and not a delay. Kerri Ann Kite, Shawnee District, addressed the Board with reference to taxes and stated she purchased her house in 2008 and as of 2016, her taxes are still below what she paid in 2008. She stated the high school needs to be built and to please raise the taxes. Jennifer Williams, Shawnee District, addressed the Board and stated she is in support of the School CIP. She encouraged the public to visit and research the schools. She stated she visited various schools, she visited Stonewall School and felt for the students there, the conditions there are deplorable. She addressed the overcrowding of Sherando High School and stated the new high school will be like Sherando if the Board does not plan for the future. Dana Newcome, Gainesboro District, addressed the Board and stated he wanted to thank Mr. Janney of the Winchester Star for his recent article; it ripped the bandage off the wound. He stated it is the Board's responsibility to represent all citizens of the county. He stated the current format of being given three minutes to speak without any constituent dialogue is not working and felt the Board needed to go out with their School Board counterpart and hold meetings in the various districts and get a sense of what the constituents feel. He stated there are many citizens who cannot afford a tax increase and they needed to find a balance. Minute Book number 42 Board of Supervisors Closed Session and Regular Meeting of Ot /25 /t7 County of Frederick, Virginia 24 Jennifer Myers, Stonewall District, addressed the Board and stated the older sector of citizens that spoke, their children have gone through the county school system and they got what they needed. She stated the citizens that spoke from Gainesboro District, they have a new elementary school and middle school and James Wood High School is not overcrowded, that is why they are not worried about it. Chairman DeHaven thanked everyone for coming out and appreciated their comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn stated with reference to the comments on impact fees, as a community, they needed to pull together and work through that in the coming weeks: He stated several weeks ago he made comments with reference to the high schools and he looked forward to working with Dr. Sovine and Dr. Lamalma to find a solution to a group problem. Chairman DeHaven thanked everyone for coming out and appreciated their comments. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR LOFTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING WAS ADJOURNED. (8:17 P.M.) ��� � �� Charles S. DeHaven, Jr. Chairman, Board of Supervisors rends G. Garton Clerk, Board of Supervisors �� Minutes Prepared By: c,�'c,;tU � r,' �, Teresa J. r' e Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 01/25/17 County of Frederick, Virginia