February 10 2021 Regular Meeting Minutes 246
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, FEBRUARY 10, 2021
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr„ Chairman; Robert W, Wells, Vice
Chairman; Blaine P. Dunn; Shawn L. Graber;Judith McCann-Slaughter; J. Douglas McCarthy; and
David D. Stegmaier were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Scott Varner, Director of Information
Technology; Candice Perkins, Assistant Director of Planning; John Bishop, Assistant Director of
Planning-Transportation; Tyler Klein, Senior Planner; Mark Cheran, Zoning and Subdivision
Administrator; Steve Majchrzak, Fire Chief; Lenny Millholland, Sheriff; Missi Neal, Purchasing
Manager; Tamara Perez, Director of Emergency Communications; Jason Robertson, Director of
Parks& Recreation; and Jon Turkel,Assistant Director of Parks&Recreation;and Ann W, Phillips,
Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m,
I _CATION
Supervisor Dunn delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance,
ADOPTION OF AGENDA—APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy,the agenda was
adopted on a voice vote,
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County of Frederick, Virginia
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CITIZENS COMMENTS
John Chiaramonte of Mission Critical Partners reviewed the process thus far regarding the
County's public radio system procurement. He clarified that his company,in its role as a consultant, +
assists the with the process but does recommend a vendor or participate in scoring of the
proposals.
Duane Anderson, President and CEO of E. F. Johnson, thanked the evaluation committee
and the County's administrative and procurement staff saying the RFP for the radio system was
well written. He reviewed his company's credentials and noted E, F.Johnson is looking forward to
helping Frederick County address the needs of the public safety community.
ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion
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was seconded by Vice Chairman Wells McCarthy and carried on a recorded vote as follows;
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-_Minutes of Closed Session and Regular Meeting of January 27,_2029 -CONSENT AGENDA
- Mfnutes of Budget Work Session„of January 27, 2021„-CONSENT AGENDA APPROVAL
-Joint Finance Committee Report of January 6,2021 - CONSENT AGENDAAPPROVAL,
- Proposed Amendments to the Winchester-Frederick County Convention and Visitors
Bureau Memorandum of Understanding and Membership-.,CONSENT AGENDA
APPROVAL —
Resolution for Addition to the Secondary System of State Highways: Christo.Rey Estates
Comforter Lane, State Route 1633_CONSENT,AGENDA APPROVAL
WHEREAS,the streets described on the attached Form AM-43,fully incorporated herein by reference,are
shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board
that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia
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Board of Supervisors Regular Meeting of February 14,2021
County of Frederick Virginia
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Department of Transportation; and
WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on
June 9, 1993, for comprehensive stonnwater detention which applies to this request for addition;and
NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation
to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,
pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street Requirements;and
BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of-way,as described,
and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
- Resolution Reguesting Reconsideration of Ruebuck Road Access by Maine Drilling and
Blasting for an Explosives Storage Facility in Berkeley County, West Virginia—CONSENT
AGENDA APPROVAL
RESOLUTION REQUESTING RECONSIDERATION OF
RUEBUCK ROAD ACCESS BY MAINE DRILLING AND BLASTING
FOR AN EXPLOSIVES STORAGE FACILITY IN BERKELEY COUNTY,WEST VIRGINIA
WHEREAS, Maine Drilling and Blasting is planning an 8.5-acre explosives storage facility to be located
in Berkeley County, West Virginia, and
WHEREAS, Maine Drilling and Blasting is planning to access their site using one point of access on
Ruebuck Road,in Frederick County Virginia,and
WHEREAS,Maine Drilling and Blasting is expected to generate approximately 10 trips per day by pickup
and medium duty straight trucks along with two to three tractor trailer vehicle trips per week;and
WHEREAS, Ruebuck Road is a minor secondary roadway with 65 residential addresses in Virginia and
several more in West Virginia which is not conducive to the type and amount of traffic proposed: and
WHEREAS,The proposed traffic and type of materials involved create a safety concern for the citizens of
this residential area;and
WHEREAS, The access via Ruebuck Road creates a situation whereby in the event of an emergency,
services will likely be provided by Frederick County; and
WHEREAS,The property on which Maine Drilling and Blasting is to be located has available access to the
West Virginia road system via Sam Mason Road;
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors requests that
Berkeley County,West Virginia,and Maine Drilling and Blasting reconsider access to Ruebuck Road and
use Sam Mason Road for access to the Maine Drilling and Blasting Explosives Storage Facility.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Graber noted Board comments at the previous meeting regarding the ability of
the residents of Shawneeland to elect their own representatives to the Sanitary District Advisory
Committee rather than having the Committee members appointed by the Board of Supervisors. He
said he had confirmed that the only way for that to be permissible would be the residents
establishing a homeowner's association, and currently the residents have no plan to do so.
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249
COUNTY OFFICIALS
COMMITTEE APPOINTMENT$
CHARLES TRIPLETT REAPPOINTED TO THE PLANNING COMMISSION—APPROVED
Supervisor McCarthy moved to reappoint Charles Triplett as a Gainesboro District
Representative to a four-year term ending February 22, 2025, on the Planning Commission,
Supervisor Graber seconded the motion which carried on a voice vote.
THOMAS LEONE APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY —
APPROVED
Vice Chairman Wells moved to appoint Thomas Leone to fill an unexpired four-year term
ending August 12, 2024,on the Winchester Regional Airport Authority. Supervisor Dunn seconded
the motion which carried on a voice vote.
KERMIT GAITHER APPOINTED TO SOCIAL SERVICES BOARD--APPROVED
Supervisor Stegmaier moved to appoint Kermit Gaither as Shawnee District
Representative to fill an unexpired four-year term ending June 30, 2022, on the Social Services
Board. Supervisor McCarthy seconded the motion which carried on a voice vote.
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LAURA K.WILEY JOINTLY APPOINTED TO WINCHESTER-FREDERICK COUNTY TOURISM
BOARD—APPROVED
With the City of Winchester already having appointed Laura Wiley, Supervisor Slaughter
moved to appoint Ms. Wiley to the Winchester-Frederick County Tourism Board to fill an existing
vacancy. Supervisor McCarthy seconded the motion which carried on a voice vote.
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RESOLUTION CALLING FOR THE RESCISSION OF ACTION TAKEN BY THE SPEAKER OF
THE VIRGINIA HOUSE OF DELEGATES—APPROVED
Supervisor Stegmaier moved in favor of a resolution calling for the rescission of action
taken by the Speaker of the Virginia House of Delegates. Supervisor Graber seconded the motion,
Supervisor Stegmaier spoke about Delegate Dave LaRock's being removed from
committees in his role as member of the General Assembly in response to his actions supporting
former President Donald Trump.
Supervisor Dunn noted Delegate LaRock's right to speak up and said his being removed
from committees was inappropriate.
Supervisor Graber said the Board should support those whose committee assignments
had been rescinded.
The motion to adopt the resolution carried on a recorded vote as follows;
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L, Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RESOLUTION CALLING FOR THE RESCISSION OF ACTION TAKEN BY THE SPEAKER OF
THE VIRGINIA HOUSE OF DELEGATES
Whereas,in 2005,the nonpartisan Commission on Federal Election Reform co-chaired by farmer
President Jirmny Carter, a Democrat, and former Secretary of State James Baker, a Republican, raised
concerns that, without adequate safeguards, vote-by-mail "remains the largest source of potential voter
fraud"in the nation, since it occurs outside the close scrutiny that is available at local polling places; and
Whereas,because of the COVID-19 pandeinic,46%of the approximately 150 million votes cast
in the 2020 presidential election were done by mail;and
Whereas, opinion polls of Americans since the election indicate that a sizable percentage from
both major political parties have suspicions that voting irregularities and significant voter fraud took place
in the 2020 presidential election in several states;and
Whereas,the U.S.Constitution and the Constitution of Virginia protect the right of all Americans
to peaceably assemble and protest; and
Whereas,Delegate David LaRock,who represents constituents living in precincts of the Red Bud
and Stonewall Magisterial Districts of Frederick County in the Virginia General Assembly,joined more
than 100,000 other Americans at a rally in Washington, D.C. on January 6,protesting voting irregularities
that occurred in various states across the nation in the time leading up to and on November 3rd;and
Whereas, there is no evidence that Delegate LaRock encouraged any of those attending the rally
to violate any laws, including illegally entering the Capitol Building after the rally;and
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251
Whereas,the letter that Delegate LaRock co-signed with two other members of the Virginia House
of Delegates requesting Vice President Pence to pause the counting of electors until an audit of votes was
completed,did not encourage or condone any acts of violence or law-breaking:and
Whereas, Virginia House Speaker Eileen Filler-Corn has stripped Delegate LaRock of his
assignment on the House Transportation Committee,despite taking no disciplinary action against Delegate
Carter whose party affiliation is the same as the Speaker;and
Whereas,such action against Delegate LaRock is also an injustice against the people of Frederick
County since we no longer have Delegate LaRock officially engaged in transportation issues that are very
important to our growing conununity;and
Therefore, Be It Resolved that the Frederick County Board of Supervisors hereby requests that
Virginia House Speaker Eileen Filler-Corn rescind the politically motivated action that she has taken
against Delegate David LaRock who was simply exercising his constitutionally protected right to peaceably
protest the results of the 2020 presidential election; and
Be It Further Resolved that the Frederick County Board of Supervisors strongly supports Delegate
LaRock's exercise of his rights to free speech and assembly and to petition the government for a redress of
grievances, that are guaranteed by the First Amendment to the United States Constitution and Article 1,
Section 12 of the Constitution of Virginia.
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SUPERVISOR DUNN'S PROPOSAL RE: PUBLIC RADIO SYSTEM ACQUISITION—DENIED
Supervisor Dunn reviewed his understanding of the public radio system procurement
process and moved that the Board end the current Request-For-Proposals process and issue a
new Request-For-Proposals with changes. Supervisor Graber seconded the motion.
Supervisor Graber noted his concerns about the procurement process and the use of
Mission Critical Partners as a consultant on the project saying he would like the opportunity to start
fresh even if the County faces a protest.
The motion failed on the following recorded vote:
Blaine P. Dunn Aye David D. Stegmaier No
Shawn L. Graber Aye Robert W.Wells No
J. Douglas McCarthy No Charles S. DeHaven,Jr. No
Judith McCann-Slaughter No
Supervisor Dunn moved that the Board seek a second opinion on the quality of the
currently issued Request-For-Proposals. Supervisor McCarthy seconded the motion saying he can
see legitimate concerns on both sides, The motion failed on the following recorded vote:
Blaine P. Dunn Aye David D. Stegmaler No
Shawn L. Graber Aye Robert W.Wells No
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter No
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FREDERICK COUNTY SCHOOL BOARD REQUEST FOR SUPPLEMENTAL APPROPRIATION
FOR JAMES WOOD HIGH SCHOOL RENOVATION:$72,844,000 AND PARTICIPATION IN THE
2021 SPRING VPSA BOND SALE FOR THE PROJECT — SENT FORWARD TO PUBLIC
HEARING
Supervisor Graber moved to deny the request of Frederick County School Board for the
Board of Supervisors to hold public hearings regarding a supplemental appropriation for ,tames
Wood High School Renovation; $72,844,000 and participation in the 2021 Spring VPSA Bond Sale.
Supervisor Dunn seconded the motion.
Supervisor Graber noted concerns that the Schools are seeking wants rather than needs
and that the County is being asked to overpay for this renovation. He stated his desire to have a
joint meeting with the School Board to discuss funding.
Supervisor Dunn noted his concerns about the amount of County debt.
Supervisor McCarthy said he shared some of the same concerns but that it is currently a
favorable time to borrow funds.
The motion to deny the request for public hearings failed on the following recorded vote;
Blaine P. Dunn Aye David D. Stegmaier No
Shawn L. Graber Aye Robert W.Wells No
J. Douglas McCarthy No Charles S. DeHaven, Jr. No
Judith McCann-Slaughter No
Vice Chairman Wells moved to grant the request of Frederick County School Board
Request for the Board of Supervisors to hold public hearings regarding a supplemental
appropriation for James Wood High School Renovation; $72,844,000 and participation in the 2021
Spring VPSA Bond Sale, Supervisor Slaughter seconded the motion,
Supervisor McCarthy said the public hearings will provide an opportunity to hear input from
the citizens.
Supervisor Graber said the schools have not been forthcoming with requested information
and he is frustrated by not having better information to assist in decision making.
Supervisor McCarthy said some members of the School Board are working toward trying R
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to do the right thing and the motion will allow only a public hearing.
Supervisor Dunn said he wished to have a debate with the School Board on policy.
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Supervisor McCarthy said a policy discussion is needed to prioritize spending and that the
School Board is not entitled to a certain dollar amount every year,
Supervisor Dunn discussed the need for a joint meeting to discuss options such as capital
cost recovery and transfer taxes,
The motion granting the request to hold public hearings passed on a recorded vote as
follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber No Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
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FREDERICK COUNTY SCHOOL BOARD REQUEST FOR SUPPLEMENTAL APPROPRIATION
FOR INDIAN HOLLOW ELEMENTARY SCHOOL RENOVATION: $12,020,000 AND
PARTICIPATION IN THE 2021 SPRING VPSA BOND SALE FOR THE PROJECT - SENT
FORWARD TO PUBLIC HEARING
Supervisor McCarthy moved to grant the request of Frederick County School Board
Request for the Board of Supervisors to hold public hearings regarding a supplemental
appropriation for Indian Hallow Elementary School Renovation: $12,020,000 and participation in
the 2021 Spring VPSA Bond Sale. Supervisor Slaughter seconded the motion,
Supervisor Graber discussed the pandemic-related closures during the spring of 2020
saying the cost saving at the schools would be nearly enough to fund the needed renovation project
at Indian Hollow. He stated the County is currently funding the schools at 238 % of the required
funding amount,
The motion granting the request to hold public hearings passed on a recorded vote as
follows:
Blaine P. Dunn Aye David D. Stegmaler Aye
Shawn L. Graber No Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
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254
PUBLIC HEARINGS NON-PLANNING ISSUES
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 15.5TAXATION,
ARTICLE XI ASSESSMENT OF COURT COSTS FOR COURTHOUSE SECURITTY, §155.46.FEE
IMPOST:D� COLLECTION; USE. -APPROVED
Supervisor McCarthy explained legislation passed in 2020 increases the courthouse security
fee that localities may impose as part of court costs in each criminal case in which a defendant is
convicted of a violation of any statute or ordinance. He said the proposed ordinance would increase
the current$10 fee to$20.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for adoption of the ordinance to amend The Frederick County
Code, Chapter 155 Taxation, Article XI Assessment of Court Costs for Courthouse Security, §155-46
Fee Imposed; Collection; Use. Supervisor Dunn seconded the motion which carried on a recorded
vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
February 10,2021
The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 155-46(Fee
imposed; collection; use)of Article XI (Assessment of Court Costs for Courthouse Security)of Chapter
155 (Taxation)of the Code of Frederick County,Virginia be,and the same hereby is, amended by
enacting an amended Section 155-46(Fee imposed;collection;use)of Article XI(Assessment of Court
Costs for Courthouse Security)of Chapter 155(Taxation)of the Code of Frederick County,Virginia,as
follows and to take effect April 1,2021 (deletion shown in stri, aHgh; addition shown in bold
underline :
CHAPTER 155 Taxation
ARTICLE XI Assessment of Court Costs for Courthouse Security
§ 155-46 Fee imposed;collection;use.
Pursuant to § 53.1-120D of the Code of Virginia, 1950,as amended,there is hereby assessed a fee of$4-9
$20 as part of the costs in each criminal or traffic case which is tried in either one of the district courts of
the County of Frederick or in the Circuit Court of the County of Frederick and which results in conviction
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Board of Supervisors Regular Meeting of February 10,2021
County of Frederick, Virginia
255
of any statute or ordinance.This fee shall be collected by the Clerk of the circuit court in which the case
is heard,remitted to the Treasurer of Frederick County,and held by the Treasurer subject to appropriation
by the Board of Supervisors to the Sheriff of Frederick County for the handing of courthouse security
personnel.
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AN ORDINANCE TO AMEND THE FREDERICK COUNTYCODE
, .. , CHAPTER 155, TAXATION
ARTICLE XVI BUSINESS LICENSE PROVISIONS,&155-85 PRORATION OF TAX.-APPROVED
Supervisor McCarthy explained legislation passed in 2020 permits a local governing body to
authorize the locality's treasurer to issue any refund up to $5,000 as a result of an erroneous tax
assessment and for any refund above $5,000, the governing body must approve the refund. He said
the proposed amendment would confirm that the authority for such refunds extends to refunds of
business license taxes.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing,
Vice Chairman Wells moved for adoption of the ordinance to amend the Frederick County
Code, Chapter 155, Taxation, Article XVI Business License Provisions, §155-85 Proration of Tax.
Supervisor McCarthy seconded the motion which carried on a recorded vote as follows;
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
February 10,2021
The Board of Supervisors of Frederick County,Virginia hereby ordains that Sections 155-85
(Proration of tax)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 Sections 155-85
(Proration of tax)of Article XVI(Business License Provisions) of Chapter 155(Taxation)of the Code of
Frederick County,Virginia,as follows(deletions shown in c*i4'r��;additions shown in bold
underline :
CHAPTER 155 Taxation
ARTICLE XVI Business License Provisions
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Board of Supervisors Regular Meeting of February 10,2021
County of Frederick, Virginia
256
§ 155-85 Proration of tax.
A. In the event that a person,fim�or corporation ceases to engage in a business,trade,profession,
occupation,or calling within the County during a year for which the person,firm,or corporation
a license tax has already been paid a license tax,or,to the extent that the Commissioner of the
Revenue determines that a person,firm,or corporation has incorrectly paid license tax in an
amount geater than determined to be actually due,the taxpayer shall be entitled upon
application to a refund for that portion of a license tax already paid that corresponds to the
excess payment by the person,firm,or corporation,or,in the instance of a person,_fi�_or
corporation that ceases to engage in a business trade,profession,occupation,or calling within
the County,prorated on a monthly basis so as to ensure that the licensed privilege is taxed only
for that fraction of the year during which it is exercised within the County.Frederick County
may elect to remit any refunds in the ensuing fiscal year and may offset against such refund any
amount of past due taxes owed by the same taxpayer. In no event shall the County be required to
refund any part of a minimum flat tax or the flat portion of the fee which is not based upon the
gross receipts of the taxpayer.
B. Licenses issued on a basis other than gross receipts or gross purchases,that is,those assessed a
flat license fee,shall not be prorated for any period less than one calendar year,except as
provided by the Code of Virginia 1950,as amended,and except as otherwise provided in this
article.
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AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION,
ARTICLE XVI BUSINESS LICENSE PROVISIONS, §155-110 VIOLATIONS AND PENALTIES.
-APPROVED
Supervisor McCarthy explained legislation passed in 2012 permits a locality to require that no
business license shall be issued to an applicant until that person has produced satisfactory evidence
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that all delinquent business license, real estate, personal property, meals, transient occupancy,
severance,and admissions taxes owed by the business to the locality have been paid which have been
properly assessed against the applicant by the locality. He said the proposed amendment would add
real estate tax to the list of taxes required to be paid before issuance of a business license.
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for adoption of the ordinance to amend the Frederick County
Code, Chapter 155,Taxation,Article XVI Business License Provisions, Section 155-110 Violations and
Penalties. Supervisor Dunn seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye j
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County of Frederick, Virginia
257
Shawn L. Grauer Aye Robert'l,Wells Aye
J. Douglas McCarthy Aye Charles S. DeNaven,Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
February 10,2021
The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 155-110
(Violations and penalties)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
155-110(Violations and penalties)of Article XVI(Business License Provisions)of Chapter 155
(Taxation)of the Code of Frederick County,Virginia,as follows(addition shown in bold underline):
CHAPTER 155 Taxation
ARTICLE XVI Business License Provisions
§ 155-110 Violations and penalties.
A. It shall be unlawful to engage in any business,employment or profession for which a license is
required by any of the provisions of this article without first having obtained such license,which
shall be punishable by a fine of not more than$2,500 or by a jail sentence ornot more than 12
months,or by both such fine and jail sentence.
B. No such license shall be issued until the applicant has produced satisfactory evidence that all
delinquent business license,real estate,personal property,meals,transient occupancy,severance
and admissions taxes owed by the applicant to the County have been paid which have been
properly assessed against the applicant by the County.
C. Anyone who engages in a business,employment or profession without obtaining a required
license,or after being refused the same,shall not be relieved of the tax imposed by the
provisions of this article.
D. Whenever any person is required by any of the provisions of this article to file a return for tax
purposes,it shall be unlawful for such person to willfully fail or refuse to file such return at the
time or times required or to make a false statement in such return with intent to defraud,and any
violation hereof shall be punishable as provided in§ 58.1-3916.1,Code of Virginia,
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PLANNING COMMISSION BUSINESS- PUBLIC HEARINGS
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County of Frederick, Virginia
258
GREEN SPRING AGRICULTURAL AND FORESTAL DISTRICT-ADDITION OF PARCELS TO
THE DISTRICT-APPROVED
Mr. Cheran reviewed the parcels being considered for inclusion in the Green Spring
Agricultural and Forestal District. He said these Properties are Located at 475 Green Spring Road,
Winchester, Virginia and are Identified with Property Identification Numbers 21-3-20, 21-3-21, 21-
3-22, 21-3-23, 22-A-45, 22-A-46, 22-A-47 and 22-A-49 in the Gainesboro Magisterial District.
Chairman DeHaven opened the public hearing,
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved that the Board authorize the addition of the identified properties
to the Green Spring Agricultural and Forestal District. Supervisor Graber seconded the motion which
carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
ADDITION TO THE
GREEN SPRING AGRICULTURAL&FORESTAL DISTRICT
WHEREAS, Frederick County received a request to include eight parcels of land totaling 90.86±
acres into the Green Spring Agricultural & Forestal District; these parcels are identified by Property
Identification Numbers(PINs)22-A-49, 22-A-47,22-A-46,22-A-45,21-3-23,21-3-22, 21-3-21, and 21-
3-20.This District is located in the Gainesboro Magisterial District along Glaize Orchard Road(Route 682)
to the south and Green Spring Road(Route 671)to the east;and
WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this request at
their meeting on December 15,2020 and recommended approval;and
WHEREAS, the Planning Commission held a public hearing for this request at their meeting on
January 20,2021 and recommended approval;and
WHEREAS, the Board of Supervisors held a public hearing for this request at their regularly
scheduled meeting on February 10,2021;and
WHEREAS, the Frederick County Board of Supervisors finds the addition of Property
Identification Numbers(PINs) 22-A-49, 22-A-47, 22-A-46,22-A-45, 21-3-23,21-3-22,21-3-21, and 21-
3-20, totaling 90.86± acres into the Green Spring Agricultural & Forestal District contributes to the
conservation and preservation of agricultural and forestal land in Frederick County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
The Frederick County Board of Supervisors hereby includes Property Identification Numbers(PINs) 22-
A-49,22-A-47,22-A-46,22-A-45, 21-3-23,21-3-22,21-3-21,and 21-3-20,totaling 90.86±acres into the
Green Spring Agricultural & Forestal District,with an expiration and renewal date of September 9, 2025.
This addition increases the size of the Green Spring Agricultural & Forestal District to 476.49+1- acres.
This Agricultural&Forestal District is as described on the attached map.
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County of Frederick, Virginia
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259
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SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT—ADDITION OF PARCEL
TO THE DISTRICT-APPROVED
Mr. Cheran reviewed the parcel being considered for inclusion in the South Frederick
Agricultural and Forestal District. He said the property is identified by property identification number
74-A-3 in the Back Creek Magisterial District,
Chairman DeHaven opened the public hearing.
There were no speakers.
Chairman DeHaven closed the public hearing.
Supervisor Graber moved that the Board authorize the addition of the identified property to the
South Frederick Agricultural and Forestal District. Supervisor McCarthy seconded the motion which
carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
ADDITION TO THE
SOUTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT
i
WHEREAS, Frederick County received a request to include one parcel totaling 200.00+1- acres
into the South Frederick Agricultural&Forestal District;this parcel is identified by Property Identification
Number 74-A-3. This District is located within the Back Creek Magisterial District and currently contains
6,694.42+/-acres. It is generally located along Cedar Creek Grade(Route 622),Middle Road(Route 628),
Marlboro Road(Route 63 1)and Hites Road(Route 625); and
WHEREAS, The Agricultural District Advisory Coinrnittee (ADAC) discussed this request at
their meeting on December 15,2020 and recommended approval;and
WHEREAS, the Planning Commission held a public hearing for this request at their meeting on
January 20,2021 and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing for this request at their regularly
scheduled meeting on February 10,2021;and
WHEREAS, the Frederick County Board of Supervisors finds the addition of Property
Identification Number 74-A-3 totaling 200.00+I- acres into the South Frederick Agricultural and Forestal
District contributes to the conservation and preservation of agricultural and forestal land in Frederick
County;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
The Frederick County Board of Supervisors hereby includes Property Identification Number 74-A-3
totaling 200.00+/- acres into the South Frederick Agricultural & Forestal District, with an expiration and
renewal date of September 9, 2025, This addition increases the size of the South Frederick Agricultural
Minute Book 46
Board of Supervisors Regular Meeting of February 0,2021
County of Frederick, Virginia
264
and Forestal District to 6,894.42+/- acres. This Agricultural & Forestal District is as described on the
attached map.
. . . + . . t + f + . + . t
2021-2026 CAPITAL IMPROVEMENTS PLAN (CIP)-APPROVED
Ms. Perkins reviewed the Capital Improvements Plan (CIP) saying it is a document that
consists of a schedule of major capital expenditures for the County for the ensuing five-year period, as
well as a category for long term projects (6* years out) and is intended to assist the Board of
Supervisors in preparation of the County budget.She said in addition to determining priorities forcapital
expenditures, the County must also ensure that projects contained within the GIP conform to the
Comprehensive Plan. She noted that the inclusion of projects on the CIP is in no way an indication that
Frederick County will be undertaking these projects. She concluded saying the CIP is strictly advisory
and is intended for use as capital facilities planning document, not for requesting funding allocations.
Chairman DeHaven opened the public hearing.
Michael Diaz, Mayor of the Town of Stephens City, spoke in support of relocating the 1-81
interchange number 307 farther south of Stephens City.
Theodore Theologis, Stonewall District, referenced the CIP request from the Parks and
Recreation Department for funding for the Old Charles Town Road Park. He said he does not object
to the park but wishes the department to comply with the original proffer. He said many residents of
the Snowden Bridge development object to some of the current plans for the park,
Chairman DeHaven closed the public hearing.
Vice Chairman Wells moved that the Board approved the 2021-2026 Capital Improvements
Plan (CIP), Supervisor Stegmaier seconded the motion.
Supervisor Graber said the CIP includes many things that are not essential government
functions, and he does not believe county tax dollars should pay for some of these items.
The motion approving the 2021-2026 Capital Improvements Plan(CIP)carried on a recorded
vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L.Graber No Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
2021 -2026 CAPITAL IMPROVEMENTS PLAN(CIP)
Minute Book 46
Board of Supervisors Regular Meeting of February 10,2021
County of Frederick, Virginia
2+61
I
WHEREAS the Frederick County Planning Commission discussed the 2021-2026 Capital
Improvements Plan (CIP) at their regular meeting on January 20, 2021. The Planning Commission
recommended approval of the CIP and affirmed that the projects contained within the CIP are in
conformance with the 2035 Comprehensive Plan;and,
WHEREAS,the Frederick County Board of Supervisors discussed the CIP at their regular meeting
on January 27,2021 and forwarded the CTP for public hearing;and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on the CIP at their
regular meeting on February 10,2021; and
WHEREAS,the Frederick County Board of Supervisors supports the priorities shown in the 2021-
2026 Capital Improvements Plan (CIP) and has affirmed the determination of the Planning Commission
that the projects contained in the Capital Improvements Plan(CIP) conform to the 2035 Comprehensive
Plan;
NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors as
follows:
The Frederick County Board of Supervisors hereby approves the 2021-2026 Capital Improvements Plan
(CIP)for Frederick County,Virginia as an element of the 2035 Comprehensive Plan.
+ . + . . + + + + + + + . +
PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS
SP#18.20 SENSENY PLACE-WAIVER REQUEST APPROVED
Mr. Klein said the Applicant previously received a waiver of the Master Development Plan
(MDP) requirement on December 11, 2019 and has chosen to process a site plan in lieu of the
MDP. He said when processing a site plan in lieu of the MDP, the application must be presented
to the Planning Commission and the Board of Supervisors as an informational item. He added with
this Site Plan, the Applicant is requesting approval of a waiver from the Board of Supervisors for a
residential separation buffer modification pursuant to§105-203.02(C)(7)of the Zoning Ordinance,
due to the location of existing utilities on the site.
Supervisor Dunn moved for approval of the waiver as requested by the Applicant.
Supervisor Stegmaier seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven,Jr. Aye
Judith McCann-Slaughter Aye
BOARD LIAISON REPORTS-- None
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Board of Supervisors Regular Meeting of February 10,2021
County of Frederick, Virginia
262
CITIZEN COMMENTS— None
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber announced he would hold a town hall meeting on February 20.
Supervisor Graber noted his concerns about debt and the challenges with seeing tax
increases.
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was
adjourned at 8.28 p.m.
Charles S. DeHaven, Jr. Kris C. Tierney
Chairman, Board of Supervisors Clerk, Board of Supervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 45
Board of Supervisors Regular Meeting of February 10,1011
County of Frederick, Virginia
263
Board of Supervisors Minutes of February 10, 2021 — Appendix 1
JOINT FINANCE COMMITTEE REPORT
Wednesday,January 6,2021
10:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
ATTENDEES:
Committee Members Present Charles S. DeHaven,Jr. and Judith McCann-Slaughter, Frederick County
representatives;and David Smith and Kim Herbstritt,City of Winchester representatives
Staff Present: Kris C.Tierney, County Administrator,Roderick B.Williams,County Attorney;Jay E.
Tibbs,Deputy County Administrator; Cheryl B. Shiffler,Finance Director,Dan Huffman,City Manager;
Mary Blowe, City of Winchester Finance Director,Kerri Mellott,Deputy Clerk of Council;Evan Clark,
City Council Member;and Justin Kerns, Executive Director of the Winchester-Frederick County
Convention and Visitors Bureau.
***Action Item***
PROPOSED AMENDMENTS TO THE WINCHESTER-FREDERICK COUNTY
CONVENTION AND VISITORS BUREAU MEMORANDUM OF UNDERSTANDING
AND MEMBERSHIP
Mr. Tibbs and Mr. Kerns reviewed the proposed revisions to the Memorandum of Understanding,
which was a joint product of City, County,and Tourism staff.The proposed revisions pertain to the
apportionment of members. Currently all 9 members are jointly appointed by the City and County. The
proposed MOU allocates the membership between the two localities with Frederick County having 5
members and the City of Winchester 4 members. Members will be recommended by the Tourism Board
and voted on by the respective locality. In addition to the membership breakdown, changes are made to
the funding allocation to more accurately reflects current practice. The remainder of the MOU is left
unchanged.
The Joint.Finance Committee reviewed the proposed amendments and recommended approval of the updated MO U.
ADJOURN
The meeting was adjourned at 10:29 a.m.
Minute Book 46
Board of Supervisors Regular Meeting of February 10, 2021
County of Frederick, Virginia