Board Night Meeting

Board Room
600 North Main Street
Woodstock, VA 22664

 MINUTES OF MEETING OF

THE BOARD OF SUPERVISORS

April 25, 2017

            A regular meeting of the Board of Supervisors was held at 7:00 p.m. in the Board Meeting Room, 600 North Main Street, Woodstock, Virginia, on April 25, 2017. The following members of the Board of Supervisors were present:  Chairman Conrad A. Helsley, Vice Chairman Richard Walker, Steve Baker, Marsha Shruntz, Cindy Bailey and Dick Neese.   Others present included County Administrator Mary T. Price, Assistant County Administrator Evan Vass, Director of Finance Harrison Nicholson, County Attorney Jason Ham and Deputy Clerk Chris Sherman.

Chairman Helsley called the meeting to order at 7:00 p.m.

An invocation was given by Supervisor Baker followed by the Pledge of Allegiance.

Vice Chairman Walker made a Motion, seconded by Supervisor Bailey to approve the April 25, 2017 meeting agenda as presented.    The Motion was approved by a voice vote of 6-0 as follows:     Ayes:    Neese, Shruntz, Bailey, Baker, Helsley and Walker    

PUBLIC COMMENTS (On new business agenda items only) - No comments were received.

CONSENT AGENDA  

            Supervisor Walker made a Motion, seconded by Supervisor Shruntz to approve the Consent Agenda.  The Motion to approve the consent agenda was approved by a voice vote of 6-0 as follows:  Ayes:    Baker, Bailey, Neese, Shruntz, Walker and Helsley.   

  1. Approval of Minutes – March 21, 2017 budget work session and April 11, 2017 regular meeting. 

PUBLIC HEARING      

To receive citizen comments pursuant to section 15.2-2606 on the proposed issuance of public indebtedness in the amount not to exceed $330,260 in order to fund the purchase of two roll off trucks and a utility truck for use at the county’s landfill.

Hearing no comments, the public hearing was closed at 7:05 p.m.  

REPORTS AND/OR SPECIAL PRESENTATIONS – No reports were scheduled.  

OLD BUSINESS                                                                                                        

  1. Consideration of an agreement with the Town of Edinburg and the Shenandoah County Sheriff’s Office for law enforcement services.  

        Chairman Helsley asked Chief Deputy Major Scott Proctor if he had any comments related to the agreement.  Major Proctor noted that this agreement was similar to the one approved last year with two minor changes concerning a reference to state code and payment to the county treasurer. Supervisor Baker made a Motion, seconded by Supervisor Walker to approve the law enforcement agreement between the Town of Edinburg and Shenandoah County Sheriff’s Department.   The Motion passed by a voice vote of 6-0 as follows:

Ayes:  Baker, Shruntz, Bailey, Neese, Walker and Helsley.  

  1. Consideration to approve an ordinance renewing the Ridgeley Agricultural and Forestal District.

        Supervisor Baker made a Motion, seconded by Supervisor Walker to approve the renewal of the Ridgeley Agricultural and Forestal District with corrections on page 10 of the packet to the ordinance by removing the duplicate “Forestal” in the heading and page 18 of the packet to the same ordinance correcting the title of Commissioner of Revenue in the very last sentence of section VI.    The Motion passed by a roll call vote of 6-0 as follows

Bailey              aye                  Baker            aye

Shruntz            aye                   Neese           aye

Walker             aye                   Helsley         aye

  1. Consideration to approve ordinances adding parcels to the Lebanon Church, Mount Jackson, Woodstock East and Woodstock West Agricultural and Forestal Districts.

Supervisor Walker made a Motion, seconded by Supervisor Bailey to approve the addition to the Lebanon Church Agricultural and Forestal District.  Supervisor Shruntz stated she would abstain as she is a property owner in the Lebanon Church A&F District.  The Motion passed by a roll call vote of 5-0-1 as follows:

Neese              aye                   Shruntz           abstain

Baker               aye                   Bailey              aye

Walker             aye                  Helsley            ay                                  

Supervisor Baker made a Motion, seconded by Supervisor Bailey to approve additions to the Mount Jackson, Woodstock East and Woodstock West Agricultural and Forestal Districts.  The Motion passed by a roll call vote of 6-0 as follows: 

Shruntz            aye                   Baker              aye

Bailey              aye                   Neese             aye

Walker             aye                   Helsley           aye

  1. Consideration of an Ordinance amendment related to fee changes for the Stoney Creek

Sanitary District water and sewer rates.   

Supervisor Shruntz made a Motion, seconded by Supervisor Bailey to approve an ordinance amendment for fee changes to the Stoney Creek Sanitary District.  The Motion passed by a roll call vote of 6-0 as follows:   

Bailey              aye                   Baker               aye

Shruntz            aye                   Neese              aye

Walker             aye                   Helsley            aye

  1. Consideration of an Ordinance amendment related to fee changes for the Toms Brook

Maurertown Sanitary District water and sewer rates.

Supervisor Neese made a Motion, seconded by Supervisor Baker to approve an ordinance amendment for fee changes to the Toms Brook Maurertown Sanitary District.  The Motion passed by a roll call vote of 6-0 as follows:                      

Neese              aye                   Baker               aye

Shruntz            aye                   Neese              aye

Walker             aye                   Helsley            aye

  1. Consideration of a Resolution approving the ad valorem tax rate for the Stoney Creek

Sanitary District. The ad valorem tax rate for Real Estate is $0.17 per $100 Assessed

Valuation.   (Attached hereto)

        Supervisor Neese made a Motion, seconded by Supervisor Baker to approve the ad valorem tax rate of $0.17 cents for the Stoney Creek Sanitary District.  The Motion passed by a roll call vote of 6-0 as follows: 

                                    Baker               aye                   Bailey              aye

Shruntz            aye                   Neese              aye

Walker             aye                   Helsley            aye

  1. Consideration of a Resolution approving the ad valorem tax rate for the Toms Brook-

Maurertown Sanitary District. The ad valorem tax rate for real estate is $0.04 per $100

assessed valuation.   (Attached hereto)

Supervisor Baker made a Motion, seconded by Supervisor Bailey to approve the ad valorem tax rate of $0.04 cents for the Toms Brook Maurertown Sanitary District.  The Motion passed by a roll call vote of 6-0 as follows: 

Neese              aye                   Shruntz            aye

Baker               aye                   Bailey              aye

Walker             aye                   Helsley            aye

  1. Consideration of the Tax Rate Ordinance for the proposed property tax rates for

Shenandoah County during the Calendar Year 2017 as follows:   

Real Property, including mobile homes          $ 0.64

Personal Property, non-farm                           $ 3.60

Personal Property, business                             $ 3.15

Machinery and Tools                                      $ 3.15

Merchants’ Capital                                          $ 0.60

          Supervisor Baker made a Motion, seconded by Supervisor Neese to approve the proposed tax rates as advertised.  The Motion failed with a tied roll call vote of 3-3 as follows:

Baker               aye                   Bailey              nay

Neese              aye                   Shruntz            nay

Walker             nay                  Helsley            aye

Supervisor Bailey made a Motion, seconded by Supervisor Shruntz to approve the 2017 calendar year tax rates as follows:

Real Property, including mobile homes          $ 0.60

Personal Property, non-farm                           $ 3.60

Personal Property, business                             $ 3.15

Machinery and Tools                                      $ 3.15

Merchants’ Capital                                          $ 0.60

The Motion to approve passed by a roll call vote of 4-2 as follows:

Shruntz            aye                   Neese              nay

Baker               nay                  Bailey              aye

Walker             aye                   Helsley            aye

Chairman Helsley said that he voted reluctantly to support this tax rate so that the citizens and the employees of Shenandoah County would have an adopted budget in FY2018.

  1. Consideration of a Resolution to adopt the Stoney Creek Sanitary District Budget for

Fiscal Year 2018 beginning July 1, 2017 and ending on June 30, 2018 and appropriate

the funds budgeted for expenditure.   (Attached hereto)

Supervisor Neese made a Motion, seconded by Supervisor Baker to approve the Stoney Creek Sanitary District Budget.  The Motion to approve passed by a roll call vote of 6-0 as follows: 

                        Neese              aye                   Shruntz            aye

Bailey              aye                   Baker               aye

Walker             aye                   Helsley            aye

  1. Consideration of a Resolution to adopt the Toms Brook-Maurertown Sanitary District Budget for the Fiscal Year 2018 beginning July 1, 2017 and ending on June 30, 2018 and appropriate the funds budgeted for expenditure.  (Attached hereto)

         Supervisor Baker made a Motion, seconded by Supervisor Shruntz to approve the Toms Brook Maurertown Sanitary District.  The Motion to approve passed by a roll call vote of 6-0 as follows: 

                       Neese              aye                   Baker               aye

Bailey              aye                   Shruntz            aye

Walker             aye                   Helsley            aye                        

  1. Consideration of an Ordinance to adopt the FY2018 Shenandoah County Budget

beginning July 1, 2017 and ending on June 30, 2018 and to appropriate the funds

budgeted for expenditure.   

         Supervisor Shruntz made a Motion, seconded by Supervisor Walker to approve the FY2018 Budget.  The Motion to approve the FY2018 Budget passed by a roll call vote of 5-1 as follows: 

                                    Bailey              aye                   Baker               aye

Shruntz            aye                   Neese              nay

Walker             aye                   Helsley            aye      

CONSIDERATION OF PLANNING COMMISSION ITEMS                                                 

  1. Consideration of a re-zoning request from R-3 to B-2 by the Broadway Group, LLC, to               construct a 9100 square foot commercial retail store on property at 1460 Orkney Grade,                                       Basye, Virginia.  

Supervisor Walker made a Motion, seconded by Supervisor Shruntz to approve the rezoning request.

Chairman Helsley indicated a petition with approximately 130 signatures had been turned in supporting the rezoning request.

Supervisor Walker said that this is an acceptable location for commercial property and that some previous concerns expressed were about impacts to surrounding or similar businesses and that the decision to change zoning was not to determine winners and losers in business that the market should dictate that.

Supervisor Bailey stated that this request meets state guidelines.  She was critical of the local permitting and advertising process and suggested it needed to change.

Supervisor Neese said that he supports Economic Development but not in this location.

The Motion to approve the rezoning passed by a roll call vote of 4-2 as follows:

Shruntz           aye                    Neese            nay

Baker              nay                   Bailey            aye

Walker            aye                    Helsley          aye

  1. Consideration of a Level II Home Business/Special Use Permit for a Retail Store/Gift                Shop d/b/a Fort Valley Bob’s Simple Man Store by Cathy Lindamood, located at 1162                      Headquarters Road, Edinburg, Virginia.     

Supervisor Baker made a Motion, seconded by Supervisor Bailey to approve the special use permit for Bob’s Simple Man Store in Fort Valley.   The Motion to approve the SUP passed by a roll call vote of 6-0 as follows:

                            Neese               aye                     Shruntz         aye

Bailey               aye                    Baker           aye

Walker              aye                    Helsley        aye

  1. Consideration of a Level II Home Business/Special Use Permit for a Hair Salon d/b/a                                Get GorJess Boutique by Jessica Sanner located at 57 Koy Court Strasburg, Virginia.                                   Supervisor Shruntz made a Motion, seconded by Supervisor Bailey to approve the special use permit for Get GorJess Boutique in Strasburg.  The Motion to approve the SUP passed by a roll call vote of 6-0 as follows:

                             Baker               aye                    Bailey           aye

Neese              aye                    Shruntz         aye

Walker             aye                    Helsley         aye

NEW BUSINESS  

  1. Consideration of a Resolution to Allocate Personal Property Tax Relief Act for Qualifying Personal Use Vehicles for Tax Year 2017. (Attached Hereto)

Ms. Price announced that Commissioner of Revenue, Kathy Black has provided an updated percentage and it will remain the same as last year at 36%.

Supervisor Bailey made a Motion, seconded by Supervisor Walker to approve the revised PPTRA Resolution.  The Motion to approve passed by a roll call vote of 6-0 as follows: 

Shruntz            aye                   Neese              aye

Baker               aye                   Bailey              aye

Walker             aye                   Helsley            aye                                                                                                         

  1. Consideration of a Resolution authorizing the County Administrator to execute the documents on behalf of Shenandoah County necessary to complete the financing terms for the landfill equipment.  (Attached hereto)

Supervisor Baker made a Motion, seconded by Supervisor Shruntz to approve the resolution for financing for landfill equipment.  The Motion to approve passed by a roll call vote of 6-0 as follows: 

Bailey              aye                   Baker               aye

Neese              aye                   Shruntz            aye

Walker             aye                   Helsley            aye

PUBLIC COMMENTS (regarding non-agenda items and other matters not previously the subject of a public hearing at this meeting)

Seth Coffman of 4276 Stoney Creek Road Edinburg stated that it is his personal belief that   funding the needs of the Shenandoah County Public School System is more important than having a low tax rate.   He stated that the expression of a personal differences of opinion concerning public business or policy should not be mischaracterized as bullying..

Eugenia Kimble of Fort Valley suggested that several board members did not negotiate or compromise on a proposed tax rate, while the majority of speakers at the public hearing made it clear they supported a higher tax rate.

Robert Clark of Fairview Drive, Woodstock asked the board to update and improve the publicity of the meetings.

Nathanial Kirkland of Edinburg encouraged board members to look at other sources of revenue.

Jonathan Treese of 1394 Vista Lane, Woodstock said the board should work on decreasing regulations to grow this county as regulations are destroying businesses.

COUNTY ATTORNEY COMMENTS   - No comments were received.                 

BOARD MEMBERS’ COMMENTS 

Chairman Helsley commented that he reluctantly voted in favor of the budget and that he had concern with the fund balance being used to balance the budget and suggested other sources be researched and worried that the County was sliding backwards.

Supervisor Bailey stated that the citizens voted against a meals tax on a referendum when presented with the option.

Vice Chairman Walker suggested further discussions may be needed regarding different adaptations of the transient occupancy tax and air B&B.

ADMINISTRATOR’S COMMENTS    

Evan Vass Commented on taxing limitations imposed by state code and reflected that counties across the commonwealth have moved into more service delivery areas without the ability to have a diverse tax base.

Chairman Helsley suggested the state could reform its Tax Code to equalize Town and County services.                        

OTHER BUSINESS - No other business was discussed.

CLOSED SESSION(S)

Vice Chairman Walker made a Motion, seconded by Supervisor Shruntz to enter into   Closed Session at 8:17 p.m. in accordance with Section 2.2-3711 (A) (1) of the state code to discuss the assignment and appointment of specific public officers, appointees or employees.  The subject matter is the appointment of public officials to serve on the Lord Fairfax Community College Board, the Agriculture and Forestal Advisory Committee, the Shenandoah County Library Board of Trustees, the Tourism Council, the Lord Fairfax EMS Council, the Social Services Board and the Shenandoah Valley Partnership.  The Motion to enter into closed session was approved by a voice vote of 6-0 as follows:  Ayes:  Baker, Bailey, Shruntz, Neese, Walker and Helsley. 

            Supervisor Bailey made a Motion, seconded by Supervisor Baker to return to regular session at 8:34 p.m. The Motion passed by a verbal vote of 6-0 as follows: 

Ayes:  Baker, Shruntz, Neese, Bailey, Walker and Helsley.

Mr. Vass read the certification that all members must certify that to the best of each member’s knowledge (i) only public business matters lawfully exempted from open meeting requirement, under The Virginia Freedom of Information Act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting of the public body.

Members were polled to certify that only those matters identified in the above Code Section was discussed.

Bailey              aye                  Helsley            aye

Baker               aye                   Shruntz            aye

Neese              aye                   Walker             aye

With no further business to come before the Board, the meeting was adjourned at 8:35 p.m.

****

________________________

Conrad A. Helsley, Chairman

ATTEST:  __________________________

Mary T. Price, Clerk of the Board

 

 

 

FISCAL YEAR 2018 R E S O L U T I O N

APPROVING AD VALOREM TAXES FOR

STONEY CREEK SANITARY DISTRICT

 

 

WHEREAS, pursuant to Title 21, Chapter 118 of the Code of Virginia, as amended, the Board of Supervisors, serving in its capacity as the governing body of the Stoney Creek Sanitary District (Sanitary District), shall levy and collect a tax upon properties located within the Sanitary District for the purpose of constructing, maintaining and operating water and sewerage facilities; now therefore

 

BE IT RESOLVED, that the ad valorem tax to be levied on taxable property within Stoney Creek Sanitary District for calendar year 2017 shall be as follows:

 

Real Estate . . . . . . . . . . . . . . . . . . . . . $0.17 per $100 Assessed Valuation

Personal Property . . . . . . . . . . . . . . . . $0.00 per $100 Assessed Valuation

 

* * * * * * * *

Adopted:    April 25, 2017

 

 

 

FISCAL YEAR 2018 R E S O L U T I O N

APPROVING AD VALOREM TAXES FOR

TOMS BROOK-MAURERTOWN SANITARY DISTRICT

 

 

WHEREAS, pursuant to Title 21, Chapter 118 of the Code of Virginia, as amended, the Board of Supervisors, serving in its capacity as the governing body of the Toms Brook-Maurertown Sanitary District (Sanitary District), shall levy and collect a tax upon properties located within the Sanitary District for the purpose of constructing, maintaining and operating water and sewerage facilities; now therefore

 

BE IT RESOLVED, that the ad valorem tax to be levied on taxable property within Toms Brook-Maurertown Sanitary District for calendar year 2017 shall be as follows:

 

Real Estate . . . . . . . . . . . . . . . . . . . . . $0.04 per $100 Assessed Valuation

Personal Property . . . . . . . . . . . . . . . . $0.00 per $100 Assessed Valuation

 

* * * * * * * *

Adopted:  April 25, 2017

 

 

 

 

 

 

 

FISCAL YEAR 2018 RESOLUTION

APPROVING BUDGET AND APPROPRIATING FUNDS

STONEY CREEK SANITARY DISTRICT

 

 

WHEREAS, the Board of Supervisors, serving in its capacity as the governing body of the Stoney Creek Sanitary District, has developed an annual fiscal plan (annual budget), for said District, for the fiscal year beginning July 1, 2017 and ending June 30, 2018, said annual budget to serve for information and fiscal planning purposes only; and

 

WHEREAS, a public hearing was held, pursuant to Title 15.2, Chapter 25 of the Code of Virginia, as amended, on April 13, 2017, to take public comments regarding said annual budget: now therefore

 

BE IT RESOLVED, that the fiscal year 2018 annual fiscal plan (annual budget) of the Stoney Creek Sanitary District in the amount of $1,703,000 is hereby adopted and appropriated, subject to such restrictions as the Board may hereinafter enact.

 

 

* * * * * * * *

Adopted:    April 25, 2017

 

 

FISCAL YEAR 2018 R E S O L U T I O N

APPROVING BUDGET AND APPROPRIATING FUNDS

TOMS BROOK-MAURERTOWN SANITARY DISTRICT

 

 

WHEREAS, the Board of Supervisors, serving in its capacity as the governing body of the Toms Brook-Maurertown Sanitary District, has developed an annual fiscal plan (annual budget), for said District, for the fiscal year beginning July 1, 2017 and ending June 30, 2018, said annual budget to serve for information and fiscal planning purposes only; and

 

WHEREAS, a public hearing was held, pursuant to Title 15.2, Chapter 25 of the Code of Virginia, as amended, on April 13, 2017 to take public comments regarding said annual budget: now therefore

 

BE IT RESOLVED, that the fiscal year 2018 annual fiscal plan (annual budget) in the amount of $750,000 is hereby adopted and appropriated, subject to such restrictions as the Board may hereinafter enact; and

 

 

* * * * * * * *

Adopted:    April 25, 2017

 

 

 

 

 

 

A RESOLUTION TO ALLOCATE PERSONAL PROPERTY TAX RELIEF ACT, OF 1998 RELIEF FOR QUALIFYING PERSONAL USE VEHICLES FOR TAX YEAR 2017

 

Whereas in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly  (2004 Special Session 1) and as set forth in item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly; and

 

Whereas these legislative enactments require Shenandoah County to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and

 

Whereas these legislative enactments provide for the appropriation to Shenandoah County, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax on such vehicles.

 

Now Therefore Be It Resolved by the Shenandoah County Board of Supervisors that qualifying vehicles obtaining situs within the County during tax year 2016, shall receive personal property tax relief in the following manner:

 

Personal use vehicles valued at $1,000 or less will be eligible for 100 % tax relief;

 

Personal use vehicles valued at $1,001 to $20,000 will be eligible for 36 % tax relief;

 

Personal use vehicles valued at $20,001 or more shall only receive 36 % tax relief on the first $20,000 of value; and

 

All other vehicles which do not meet the definition of “qualifying” (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program.

 

In accordance with Item 503.D.1.; the entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years shall expire on September 1, 2006.  Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006 shall be deemed “non-qualifying” for purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the tax assessable.

 

Resolved this 25th day of April 2017.