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HomeMy WebLinkAboutMay 13 2009 Regular Meeting333 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 13, 2009, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised he had two additions to the agenda under County Officials. He added: - Amended Resolution of Support for Economic Development Access Application for Ebert Road; and - Governing Body Resolution — Authorizing County Administrator to Execute Actions necessary to access Department of Homeland Security Grant Funding for Citizen Alert System. These would be items 5 and 6 under County Officials. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Correspondence and Resolution re: Designating People Incorporated as Frederick County's Community Action Agency — Tab C; Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 .334 - Amended Resolution of Support for Economic Development Access Application for Ebert Road — County Official Item #5; - Governing Body Resolution — Authorizing County Administrator to Execute Actions Necessary to Access Department of Homeland Security Grant Funding for Citizen Alert System — County Officials Item #6; - Parks and Recreation Commission — Tab F; - Public Works Committee — Tab G; - Transportation Committee — Tab H. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the April 22, 2009 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF DEVELOPMENT IMPACT MODEL COMMITTEE — APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board reappointed the following members of the Development Impact Model Committee: Kris C. Tierney — County Administration Representative Gary W. Dove — Board of Supervisors' Representative Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 335 Gary Lofton — Finance Committee Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Stuart A. Wolk — School Board Representative Josh Phelps — Economic Development Commission Representative Stephen Pettler — Top of Virginia Building Association Representative J. P. Carr — Top of Virginia Building Association Representative This is a one year appointment, said term to expire June 28, 2010. -- I I The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CORRESPONDENCE AND RESOLUTION ( #063 -09) RE: DESIGNATING PEOPLE INCORPORATED AS FREDERICK COUNTY'S COMMUNITY ACTION AGENCY — APPROVED UNDER CONSENT AGENDA WHEREAS, the Frederick County Board of Supervisors desires that the citizens of Frederick County have access to opportunities to reach their goals to enhance their lives; and WHEREAS, People Incorporated of Virginia, a Community Action Agency, has experience in developing and providing services that provide opportunities for housing development, human development, and community economic development that do not currently exist in Frederick County; and WHEREAS, People Incorporated desires to develop and offer services to the citizens of Frederick County, as the county's Community Action Agency. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors does hereby designate People Incorporated of Virginia as Frederick County's Community Action Agency. Adopted by the Frederick County Board of Supervisors this 13 day of May, 2009. This item was approved under consent agenda. AGREEMENT BETWEEN FREDERICK- WINCHESTER SERVICE AUTHORITY, COUNTY OF FREDERICK, CITY OF WINCHESTER, COUNTY OF CLARKE, AND THE FREDERICK COUNTY SANITATION AUTHORITY RE: AGREEMENT WITH CLARKE COUNTY FOR EXTENSION OF CURRENT SEPTAGE AGREEMENT - APPROVED Administrator Riley advised this was a renewal of the existing agreement between Frederick - Winchester Service Authority, Clarke County, Frederick County, the City of -- Winchester and the Frederick County Sanitation Authority. By this agreement, the FWSA grants Clarke County, during the term of this Agreement, the right to deliver septage, at the same disposal rate established for the Frederick County and the City of Winchester via FWSA approved haulers to the Opequon Reclamation Facility. The Service Authority is seeking Board approval. Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 336 Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board approved the Agreement between Frederick - Winchester Service Authority, County of Frederick, City of Winchester, County of Clarke, and the Frederick County Sanitation Authority re: Agreement with Clarke County for extension of current septage agreement. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUND - APPROVED Administrator Riley advised the Commissioner of the Revenue requested a refund for Mack Trucks, Inc. in the amount of $7,538.27. The county attorney has reviewed same and indicates the refund appears to be justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund request. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RESOLUTION ( #064 -09) OF SUPPORT FOR ECONOMIC DEVELOPMENT ACCESS APPLICATION FOR EBERT ROAD — APPROVED UNDER CONSENT AGENDA WHEREAS, the Frederick County Board of Supervisors desires to facilitate the industrial development of property located in Frederick County; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the existing public road network does not provide for adequate access to this property and it is deemed necessary that improvements be made to Ebert Road (Route 837); and WHEREAS, Frederick County hereby guarantees that the necessary environmental analysis, mitigation, and fee simple right of way for this improvement and utility relocations or adjustments, if necessary, will be provided at no cost to the Economic Development Access Fund; and Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 337 WHEREAS, Frederick County acknowledges that the State Environmental Review Process (SERP) must be completed prior to any construction activity on this project as a condition of the use of the Economic Development Access Fund; and WHEREAS, Frederick County hereby guarantees that all ineligible project costs and all costs not justified by eligible capital outlay will be provided from sources other than those administered by the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED THAT: The Frederick County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Economic Development Access Program funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT: Frederick County hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on parcels 43 -21 -1, 43 -21 -2, 43 -21 -3, 43 -21 -4 , 43 -21 -5, 43 -21 -6, 43 -21 -7, 43 -21 -8 and 43 -21 -9 , within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request; and BE IT FURTHER RESOLVED THAT: the Frederick County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the secondary system of state highways. This item was approved under consent agenda. GOVERNING BODY RESOLUTION 0065 -09) — AUTHORIZING COUNTY ADMINISTRATOR TO EXECUTE ACTIONS NECESSARY TO ACCESS DEPARTMENT OF HOMELAND SECURITY GRANT FUNDING FOR CITIZEN ALERT SYSTEM — APPROVED UNDER CONSENT AGENDA BE IT RESOL VED BY THE BOARD OF SUPER VISORS (Governing Body) OF THE COUNTY OF FREDERICK, VA, THAT (Name of Applicant) John R. Riley, Jr., County Administrator (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of Virginia, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the State of Virginia. Passed and approved this 13 day of May, 2009. This item was approved under consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on April 21, 2009. Members present were: Charles Sandy, Jr., Ronald Madagan, P.W. Hillyard, III, Patrick Anderson, Gary Longerbeam, Jeffrey Butler, Cheryl Swartz, and Philip Lemieux. Items requiring Board of Supervisors' Action None. Submitted for Board Information Only Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 .338 1. Clearbrook Volunteer Fire & Rescue Easement Request — Mr. Madagan moved to table the Clearbrook Volunteer Fire & Rescue Easement Request until the May 2009 meeting, seconded by Mr. Longerbeam, carried unanimously (7 -0). 2. Easement Policy — Mr. Madagan moved to accept the Easement on Park Property Policy with the change of "may require monetary assurance" to "shall require monetary assurance ", seconded by Mr. Longerbeam, carried unanimously (7 -0). 3. Proffer Request — Mr. Hillyard moved to use proffer monies to purchase equipment for the Greenwood Mill Community Center, second by Mr. Madagan, carried unanimously (7 -0). Standing Committee Reports None. This report was approved under consent agenda. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met as the Green Advisory Committee on Tuesday, March 28, 2009 at 8:00 a.m. All members were present except George Ludwig. There were no items requiring Board action. Minutes of the meeting are attached. Green Advisory Committee (GAC) — Notes 4/28/09 Mr. Ludwig was not in attendance. Mr. Fisher indicated that the GAC would function as part of the Public Works Committee regular work. Mr. Riley provided background on the formation of the GAC. Mr. Fisher suggested Schools be represented at the GAC meetings. Mr. Riley said he will communicate with Schools. Mr. Turkel provided an overview of the Green management process. Mr. Turkel provided a summary of the Energy Efficiency and Conservation Block Grant (EECBG) program with current and proposed Frederick County submissions. 1. $5,000 perform energy audits on our top six energy users. 2. $148,000 LED Retrofit. 3. $2,000 Parks and Recreation Pool Complex pump motor energy efficiency retrofits. 4. $50,000 Tracer control system install for old CAB and old Court House. 5. $55,000 Revolving Energy Fund. Mr. Dove moved to have staff submit for $55,000 seed money for a Revolving Energy Fund (REF). Mr. Wagner seconded and discussion ensued resulting in a request of staff to generate a project list and recommended criteria for REF use. Mr. Wagner noted the Environmental Task Force has a draft report covering GAC topic areas, including: 1. Land use policies and strategies. 2. Green Building techniques. 3. Education and outreach. 4. This draft report will be shared with GAC members and staff. The GAC suggested that Mr. Turkel present information to the GAC as a basis for policy recommendation development. Mr. Wagner & Mr. Fisher expressed an interest in developing Energy Efficiency recommendations. This report was approved under the consent agenda. Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 339 TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on April 27, 2009 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Mark Davis (liaison Middletown) Phil Lemieux (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) ** *Items Requiring Action * ** None ** *Items Not Requiring Action * ** 1. TIA Standards — Continued Discussion Staff presented the suggested change of the development community to the committee. The Committee discussed several points, particularly whether to remove any requirements for TIA at site plan stage. The Committee requested that staff present the pros and cons of a TIA at site plan at the next meeting and the item was carried over. 2. Secondary Street Acceptance Requirements Staff reviewed the implications of the Secondary Street Acceptance Requirements regarding cul -de -sacs with the committee and relayed the Chairman of the Board's request that the Committee review the issue and provide recommendations to the Board. The Committee discussed staff's review and staff requested that the item be carried over until the next meeting in order to allow staff to attend an upcoming training on the standards to make sure nothing was being overlooked. 3. Article Review 4. Other Signal timing issues at a number of intersections were brought up by Mr. Racey. Staff noted that it does not appear that a number of signals in the community are programmed on a fixed phase even in off peak hours. VDOT agreed to look into the issue. This report was approved under consent agenda. PUBLIC HEARIN - PROPOSED ORDINANCE — SALARIES OF THE BOARD OF SUPERVISORS — PURSUANT TO SECTION 15.2- 1414.3 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN, $10,800; VICE - CHAIRMAN, $10,200; AND EACH OTH ER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000 - APPROVED Administrator Riley advised it was Board policy to review the annual compensation of the Board of Supervisors each year. He then read the salaries for the various board members. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 340 Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board approved the ordinance — Salaries of the Board of Supervisors. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for fiscal year beginning July 1, 2009, shall be as follows: Chairman, $10,800; Vice - Chairman, $10,200; and each other member of the Board of Supervisors at $9,000. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #01 -09 FOR AT &T AND WESLEY HELSLEY, SUBMITTED BY DEWBERRY, FOR A 120 FOOT COMMERCIAL TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 2042 MARTINSBURG PIKE (ROUTE 11), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 43 -A -130 AND 43 -A -132 IN THE STONEWALL MAGISTERIAL DISTRICT — (RESOLUTION #066 -09) - DENIED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit to enable the construction of a 120- foot commercial telecommunication facility. The property is located in the Stonewall Magisterial District and is situate in the RP (Residential Performance) District. The proposed site is also within the boundaries of the Northeast Land Use Plan and is located in a development sensitive area, as it is surrounded by sites of critical importance, particularly Stephenson's Depot, which is part of the Third Battle of Winchester. He concluded by saying Stephen Pettler was present to represent the applicant and answer any questions the Board might have. Stephen Pettler, Harrison & Johnston, appeared before the Board on behalf of the applicant. He explained this proposed tower would contain microwave transmission disks, which would provide mission critical redundancy service to the FEMA facility located at Mount Weather. He went on to say this use is permitted in the RP (Residential Performance) District with a conditional use permit. He believed the Comprehensive Plan was inconsistent in that it designated this commercial parcel a developmentally sensitive area. He stated that because of the proposed location of Route 37 this is the kind of use that the county would get on this Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 341 property. He believed this was the highest standard of use the Board would get on this site. He went on to say AT &T had looked at other possible locations for this facility, but no matter where the mast was located the information still needed to reach the network access point. He advised that AT &T addressed the agency comments by agreeing to cooperate with the Department of Historic Resources to have a survey conducted on the property and they agreed to work with any agency that would agree to move the existing structure. Mr. Pettler informed the Board that an important precedent was being set by allowing this tower. He believed it was important to provide telecommunications infrastructure and this was an opportunity for the Board to deem Frederick County as being inviting to business. He concluded by saying this use is permitted under the zoning ordinance, the comprehensive plan, and that Route 37 mandates the location of this tower because this is the highest and best use of this property and urged the Board to approve this application. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor DeHaven stated Mr. Pettler had done an admirable job presenting this case, but he disagreed with him on a couple of issues. He went on to say he recognizes the need for telecommunications, but the Developmentally Sensitive Areas designation is there for a reason. He stated the Comprehensive Plan is a road map for the future. He did not oppose telecommunications towers in the Stonewall District, but he did not think the tower was appropriate at this time. He concluded by saying, per the U.S. Code, in order to deny this application the Board must put that denial in writing and he had a resolution to present denying this application. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board denied Conditional Use Permit Application #01 -09. WHEREAS, on January 15, 2009, AT &T, Wesley Helsley, Melissa Helsley -Hall, and Christy Lowery /Dewberry submitted Conditional Use Permit Application Number 01 -09, requesting approval of a Conditional Use Permit (the "CUP "), pursuant to Frederick County Code § 165 -48.6, for a telecommunications tower facility, of 120 feet in height, on properties located at 2042 and 2060 Martinsburg Pike, Tax Parcel Numbers 42 -A -130 and 43 -A -132 (the "Properties "), in the Stonewall Magisterial District; WHEREAS, the Planning Commission held a public hearing on the CUP on March 18, 2008 and recommended approval of the CUP on April 15, 2009; and WHEREAS, the Board of Supervisors held a public hearing on the CUP on May 13, 2009; Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 342 WHEREAS, the Properties are in the Residential Performance (RP) Zoning District and are currently used for low- density residential purposes or low- intensity legally nonconforming commercial purposes; WHEREAS, the Board of Supervisors finds the requested use of the Properties for the requested telecommunications tower facility is not in conformance with the Comprehensive Plan, for the following reasons: The Properties are located outside the County's Urban Development Area (the "UDA "), the UDA being an area that the County intends for more intensive forms of industrial, commercial, and residential development, and therefore the Properties are subject to protection from more intensive industrial, commercial, and residential development; The Properties are located within the area encompassed by the County's Northeast Land Use Plan (the "NELUP ") component of the County's Comprehensive Plan and the NELUP encourages the preservation and protection of significant historic resources, environmentally sensitive areas, and open space areas within the area it encompasses; The NELUP designates certain portions of the area it encompasses as a Developmentally Sensitive Area (the "DSA "), within and adjacent to which the Properties are located, the DSA being designated to ensure that its historic resources areas of steep slopes and mature woodlands, existing residential clusters, and public land uses are protected from future development; • The Properties are located within the Stephensons Depot Civil War Battlefield historic site and proximate to the area of Third Winchester Civil War Battlefield historic site, the Hackwood property, and the Milburn Road corridor, all of which are sites of significant historic importance; • The NELUP further provides to ensure that the Historic Resources Advisory Board (the "HRAB ") reviews all development proposals which impact the DSA; • The HRAB has reviewed the requested use and indicated that the Properties are located in or proximate to one or more Civil War Battlefield historic sites and expressed concern about the visual impact of the requested telecommunications tower facility on such sites; and • The HRAB further noted that the home located at 2042 Martinsburg Pike was built in 1947 and that, as the structure is older than fifty years, the structure should be documented and a Department of Historic Resources survey conducted, as the structure may have value as part of the DSA; WHEREAS, the Virginia Department of Transportation has indicated that the existing private entrance to the Properties is adequate and will require improvement; WHEREAS, the County has traditionally had a higher expectation for land use actions within and proximate to historic sites and the DSA, so that properties of significant historic value and scenic areas are not negatively impacted, the requested use does not satisfy that expectation; and WHEREAS, the applicant has not presented sufficient evidence of its efforts to locate or co- locate the requested use at a different location or of its need to locate the requested use at the Properties, as opposed to other properties; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors denies approval of Conditional Use Permit Application Number 01 -09, pursuant to Frederick County Code § 165 -48.6 for a telecommunications tower facility, of 120 feet in height, on properties located at 2042 and 2060 Martinsburg Pike, Tax Parcel Numbers 43 -A -130 and 43- A -132, in the Stonewall Magisterial District. Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 343 Supervisor Lofton stated the proposed tower was acceptable as a monopole and he agreed with much of what Supervisor DeHaven said; however, he believed this corridor would be developed. He went on to say that, at some point, that route must be opened up. He stated there was a need for telecommunications service in the area. He concluded by saying he was not opposed to this application, as long as the tower was a monopole. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Nay Philip A. Lemieux Aye Gary A. Lofton Nay OTHER PLANNING ITEMS CONSERVATION EASEMENT AUTHORITY REQUEST FOR SUPPORT OF THE WRIGHT PROPERTY IN THE PURCHASE OF DEVELOPMENT RIGHTS (PDR) PROGRAM - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this item. He advised the Conservation Easement Authority was seeking the Board's endorsement of the Vernon and Wendy Wright property for the use of the remainder of the Virginia Department of Agriculture and Consumer Services grant purchase of development rights funds. Board endorsement would allow the Easement Authority to work further with the Wright's toward assembling additional federal grant funding and the required conservation deed of easement documentation. No County funding will be necessary to secure this easement. He went on to say a future, formal Board action will be necessary once the documentation and funding have been finalized, prior to securing the development rights for this property. Director Lawrence concluded by saying staff is seeking three actions from the Board: 1. Endorsement of the Wright property for use of the 2008 VADACS Purchase of Development Rights Grant Funds. 2. Support in securing federal funds that could be utilized towards VADACS local match requirement. (No County funds are necessary.) 3. Authorization for the preparation of a final easement contract and Memorandum of Agreement (MOA), and a statement from the Board affirming its intention to ultimately acquire and co -hold the easement. Chairman Shickle stated that he thought there was a ratings system in place, which would be used to rate all properties that sought to be part of the county's easement program. Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 344 Director Lawrence responded there was a system and this particular parcel outscored the other parcel the authority was considering. Chairman Shickle stated that in the future he would like to see the ratings sheet included with future applications. Supervisor Fisher stated the Wright property did meet the criteria of the ratings matrix and exceeded the other property. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved: 1. Endorsement of the Wright property for use of the 2008 VADACS Purchase of Development Rights Grant Funds. 2. Support in securing federal funds that could be utilized towards VADACS local match requirement. (No County funds are necessary.) 3. Authorization for the preparation of a final easement contract and Memorandum of Agreement (MOA), and a statement from the Board affirming its intention to ultimately acquire and co -hold the easement. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher stated Planning staff had previously brought the topic of wind turbines to the Board's attention. He believed the structures should be removed if they were inoperable, since removal is required for telecommunications towers if they are not longer operable. He went on to say there might be even more concern with inoperable wind turbines due to the size and number of parts. He concluded by saying he would like the Development Review and Regulations Committee to look at this issue. Chairman Shickle asked the Board if they wished to have the committee look at this issue. Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09 345 The Board consensus was to have the Development Review and Regulations Committee begin working on this topic. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:10 P.M.) -�J Richard C. Shickle Jo . "Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: 1, Jay EATibbs Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 05/13/09