HomeMy WebLinkAboutFebruary 22 2012 Regular Meeting Minutes230
A Regular Meeting of the Frederick County Board of Supervisors was held on
. Wednesday, February 22, 2012, 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; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M.
Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Supervisor Collins delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice - Chairman Ewing led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
County Administrator John R. Riley, Jr. advised that he had no additions to the agenda.
Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board
approved the agenda by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
CONSENT AGENDA - APPROVED
Administrator Riley offered the following item for the Board's consideration under the
consent agenda:
- Landfill Oversight Committee Report — Tab G.
Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board approved
the consent agenda by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
CITIZEN COMMENTS
Minute Book Number 37
Board of Supervisors Regular Meeting of 02122/12
m
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisors' comments.
MINUTES - APPROVED
Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board
approved the minutes from the February 8, 2012 budget work session.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
Upon a motion by Supervisor Fisher, seconded by Vice - Chairman Ewing, the Board
approved the minutes from the February 8, 2012 regular meeting.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
COUNTY OFFICIALS
EMPLOYEE OF THE MONTH AWARD FOR FEBRUARY 2012 —
(RESOLUTION #045 -12) - APPROVED
Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board
approved Debborah A. Hamilton as Employee of the Month for February 2012.
WHEREAS, the Frederick County Board of Supervisors recognizes that the County's
employees are a most important resource; and,
WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which
established the Employee of the Month award and candidates for the award may be nominated
by any County employee; and,
WHEREAS, the Board of Supervisors selects one employee from those nominated, based
on the merits of outstanding performance and productivity, positive job attitude and other
noteworthy contributions to their department and to the County; and,
WHEREAS, Debborah A. Hamilton, who serves as a Correctional Officer with the
Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and,
WHEREAS, Debborah A. Hamilton, the Inmate Property and Supply Officer made
recommendations on uniforms and supplies that resulted in a financial savings of more than
$20,000; secondly, with revised methods of the accounting for inmate laundry, it has all but
Minute Book Number 37
Board of Supervisors Regular Meeting of (12/22/12
232
completely eliminated reports of lost clothing and linens which significantly reduced time spent
by staff responding to inmate complaints; and finally, Officer Hamilton developed a new
procedure to inspect incoming property which has drastically reduced the frequency of attempts
to introduce contraband into the Jail; and
NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors
this 22 " day of February, 2012, that Debborah A. Hamilton is hereby recognized as the Frederick
County Employee of the Month for February 2012; and,
BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to
Debborah A. Hamilton for her outstanding performance and dedicated service and wishes her
continued success in future endeavors; and,
BE IT FURTHER RESOLVED, that Debborah A. Hamilton is hereby entitled to all of the
rights and privileges associated with his award.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
COMMITTEE APPOINTMENTS
REAPPOINTMENT OF JOHN R. RILEY JR. AS FREDERICK COUNTY
REPRESENTATIVE TO THE OLD DOMINION ALCOHOL SAFETY ACTION
PROGRAM (ASAP) AND COMMUNITY CRIMINAL JUSTICE BOARD (CCJB)
-APPROVED
Upon a motion by Supervisor Fisher, seconded by Supervisor Collins, the Board
reappointed Frederick County Administrator John R. Riley, Jr, as Frederick County
representative to the Old Dominion Alcohol Safety Action Program and Community Criminal
Justice Board (CCJB), for a three year term, said term to expire February 22, 2015.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
REAPPOINTMENT OF RICHARD A. RUCKMAN TO THE BOARD OF
BUILDING APPEALS - APPROVED
Upon a motion by Supervisor Lofton, seconded by Supervisor DeHaven, the Board
reappointed Richard A. Ruckman to the Board of Building Appeals for a five year term, said
term to expire April 8, 2017.
The above motion was approved by the following recorded vote:
Minute Book Number 37
Board of Supervisors Regular Meeting of 02122/12
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
REAPPOINTMENT OF CLAY A. WHITACRE TO THE BOARD OF BUILDING
APPEALS- APPROVED
Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, the board
reappointed Clay A. Whitacre to the Board of Building Appeals for a five year term, said term to
expire April 25, 2017.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
REAPPOINTMENT OF LAUREN KREMPA MURPHY AS. MEMBER -AT-
LARGE TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED
Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board
reappointed Lauren Krempa Murphy as Member -At -Large to the Historic Resources Advisory
Board for a four year term, said term to expire April 9, 2016.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
REAPPOINTMENT OF RICHARD A. RUCKMAN TO THE FREDERICK
COUNTY SANITATION AUTHORITY- APPROVED
Upon a motion by Supervisor Lofton, seconded by Supervisor Fisher, the Board
reappointed Richard A. Ruckman to the Frederick County Sanitation Authority for a four year
term, said term to expire April 15, 2016.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
No
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22/12
234
Gene E. Fisher Aye
Gary A. Lofton Aye
MEMORANDUM RE: OLD GAINESBORO SCHOOL BID RESULTS —
AUTHORIZED STAFF TO ENTER INTO CONTRACT WITH HIGH BIDDER
AND TO BRING CONTRACT BACK TO BOARD FOR REVIEW AND PUBLIC
HEARING
Assistant County Administrator Kris Tierney appeared before the Board regarding this
item. He advised that staff conducted the bid opening for the old Gainesboro School property on
Friday, February 10, 2012 with four offers received. The summary of the offers was as follows:
1. $1,000 from Roy Hodges.
2. $11,101 from George Duncan.
3. A letter from David Henning, Northern Shenandoah Valley Boys and Girls Club,
expressing interest in acquiring the building.
4. $75,001.77 from Mr. Scott Strosnider, which also included the donation of 1.4 acres
-+- /- back to the County, along with a deeded right -of -way, for use as a compactor site.
He went on to say staff was seeking authorization to enter into discussions with Mr. Strosnider in
an effort to formalize the details of his offer prior to the Board holding a public hearing on the
sale of the property.
Upon a motion by Supervisor Fisher, seconded by Supervisor Spicer, the Board
authorized staff to enter into a contract with the high bidder and to bring the contract back to the
Board for review and public hearing.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
SHENANDOAH VALLEY LOCAL WORKFORCE INVESTMENT AREA —
SHENANDOAH VALLEY CHIEF LOCAL ELECTED OFFICIALS
CONSORTIUM AGREEMENT - APPROVED
Administrator Riley advised staff was seeking approval of the Shenandoah Valley Chief
Elected Officials Consortium Agreement, which helps localities attain compliance with the
Workforce Investment Act of 1998 (WIA).
Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board
approved the Shenandoah Valley Chief Local Elected Officials Consortium Agreement.
The Board of Supervisors of Frederick County, Virginia hereby ordains that, pursuant to
Section 15.2 -1300 of the Code of Virginia (1950, as amended), that the Shenandoah Valley
Chief Local Elected Officials Consortium Agreement, for the Shenandoah Valley Local
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22/12
Workforce Investment Area, created under the Workforce Investment Act of 1998 (the "WIA "),
Public Law 105 -220, is approved.
The above motion was approved by the following recorded vote:
Richard C.-Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
CORRESPONDENCE — APPROVED AS AMENDED
Administrator Riley advised that based upon information this body has read in the paper
regarding Winchester and the proposed minor league stadium and not knowing all of the facts, a
letter to City Council has been prepared asking for consideration of concerns regarding traffic
impacts and noise, especially in the Senseny Road corridor. He concluded by saying staff was
seeking Board action on the proposed letter.
Supervisor Collins advised that he had read comments in the newspaper and noted that he
did have time to discuss this issue with city representatives. He asked that the letter be amended
to reflect this.
Supervisor Fisher advised that he had received numerous phone calls regarding this issue.
Upon a motion by Supervisor Collins, seconded by Supervisor Spicer, the Board
approved the letter as amended.
Winchester City Council
c/o Craig Gerhart, Interim City Manager
15 North Cameron Street
Winchester, VA 22601
Dear Council Members:
The Board of Supervisors for the County of Frederick, Virginia (the "Board") has followed the local
media coverage on a proposed minor league baseball team relocating to the City of Winchester,
along with the construction of a new baseball stadium, and has received comments from its citizenry
as to the proposed location of same.
Not knowing the actual facts about the location or construction of this new city baseball stadium the
Board is reluctant to weigh in on said stadium. The Board meeting in regular session on February
22, 2012 would however like to express its concern through this correspondence with reference to
impacts on county citizens if in fact this proposed city baseball stadium is to be located in the city
park situated on Senseny Road.
Based upon concerns expressed by county citizens, consideration should be given to traffic impacts
and noise on Senseny Road. As the city may be aware, Senseny Road is a major collector highway
in the County of Frederick and is a primary route for eastlwest traffic patterns to and from the City of
Winchester.
Given the Red Bud Magisterial District's proximity to one of the proposed stadium locations and the
possible impacts on the Senseny Road corridor, the Supervisor for the Red Bud District has advised
that he has time to talk with city representatives regarding this proposal.
M
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22/12
■
In conclusion, as the City of Winchester progresses with construction of its new baseball stadium, it
would be appreciated if county staff could be informed as to the construction timelines of the new
city baseball stadium and proposed mitigation of any impacts on the Frederick County transportation'',
system.
Sincerely,
John R. Riley, Jr.
County Administrator
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr,
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
COMMITTEE REPORTS
LANDFILL OVERSIGHT COMMITTEE REPORT — APPROVED UNDER
CONSENT AGENDA
The Landfill Oversight Committee met on Thursday, February 9, 2012, at 8:00 a.m. All
committee members were present except Stan Crockett. The following items were discussed.
** *Items Not Requiring Action * **
1. Proposed Budget Fiscal Year 2012/2013
Staff presented a proposed Fiscal Year 2012/2013 budget in the amount of $8,220,050.
The proposed budget includes a revenue projection of $5,389,448. The remainder of the budget
will be derived from the Landfill Reserve Fund. Major projects proposed for Fiscal Year
2012/2013 will include completion of a ten (10) acre cell in the construction/demolition debris
(CDD) landfill, partial closure of seven (7) acres in the CDD landfill, a new equipment building
(40x80) and upgrades to the Permit #40 leachate lagoon. The proposed budget was unanimously
endorsed by the committee.
This budget will also continue to provide a five (5) dollar per ton rebate to the
participating localities based on population percentages. Because of decreasing waste flows and
reduced revenues, the rebate may not be possible in the next fiscal year.
2. Review of Recently Completed Projects.
a) Permit 440: A major drainage improvement project was completed in the area
encompassed by the closed out Permit #40 landfill to divert storm runoff away from the
leachate collection system. This project included a bentonite amended soil cap, regarding
and some repiping over an approximate ten (10) acre area. To date, staff has estimated
that these efforts have diverted approximately 80 percent of the storm runoff that
previously flowed into the leachate collection system. In the future, these efforts should
result in substantial savings in leachate treatment.
b) Clarke County Improvements: A project is underway to develop the clay borrow
area located on the landfill property located in Clarke County knows as the Peter Paul
Riley Farm. As part of this project, it will be necessary to relocate an existing power line.
This relocation is being coordinated with the Rappahannock Electric Cooperative.
Additional work associated with this project will include construction of berm buffers,
fencing, stormwater ponds, and temporary access roads. These items will be constructed
in conjunction with the completion of a ten (10) acre cell in the CDD landfill.
c) Gas to Energy: A new filtration system has been added to the gas to energy facility
to remove Siloxanes from the landfill gas. It is hopeful that this filtration will
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22/12
dramatically reduce maintenance of the engines resulting in a substantially annual cost
savings.
3. Future Projects
Staff presented a list of future projects anticipated within the next four (4) to seven (7)
years. The total cost of these projects is estimated at $17,590,000. It will be necessary to
increase the landfill reserve fund to accommodate these projects without incurring debt.
(Attachment 1)
4. Agreement — Virginia Poultry Foundation
The landfill staff is recommending that the landfill enter into an agreement with the
Virginia Poultry Association to maintain an inventory of approximately 1,500 cubic yards of
mulch for potential use in composting poultry derived from an avian flu epidemic. If needed, the
landfill will be paid $15 per ton. Each locality will be required to approve this agreement which
is currently being reviewed by Frederick County's legal staff.
5. Waste Flow — Sludge
The landfill manager indicated that the Department of Environmental Quality limits
sludge percentages to 20 percent of the municipal solid waste flow. Because of the reduction in
waste flows over the last three (3) years, our sludge intake is fast approaching the 20 percent
limit. Sludge has actually increased slightly over the same period. If total waste flows gradually
return to amounts experienced in 2009, this limit will not be an issue. However, if we continue
to experience low waste flows, it may be necessary to restrict the amount of sludge that can be
disposed of at the landfill.
6. Committee Chairman
The committee members unanimously elected Mr. Ross Spicer as the committee
chairman.
HUMAN RESOURCES COMMITTEE REPORT - APPROVED
The HR Committee met in the First Floor Conference Room at 107 North Kent Street on
Friday, February 3, 2012 at 8:00 a.m. Committee members present were: Ross Spicer, Bill
Ewing, and Sharon Gromling. Committee members absent were: Chris Collins and Philip
Farley. Also present were: Assistant County Administrator Kris Tierney, Registrar Rick Miller,
Finance Director Cheryl Shiffler, Clerk of the Court Rebecca Hogan, Superintendent Bruce
Conover, County Attorney Rod Williams, and Sarah Greenhalgh, The Winchester Star. The
following items were discussed:
** *Items Requiring Action * **
1. Human Resources Committee Charter
The Committee reviewed and unanimously endorsed the draft charter describing the
responsibilities of the HR Committee. The Committee recommends this charter to the Board of
Supervisors for approval. (Attachment 1)
Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, the Board
approved the HR Committee Charter by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
1237
Minute Book Number 37
Board of Supervisors Regular Meeting of 02122/12
E
** *Items Not Requiring Action * **
1. The establishment of set times for monthly HR Committee meetings.
The Committee scheduled the regular committee meetings for the first Friday of each
month at 8:00 a.m. in the first floor conference room of the County Administration Building.
Upon a motion by Mr. Ewing, seconded by Mr. Gromling, the Committee approved the meeting
schedule.
2. The review of the County's HR priorities for calendar year 2012.
At the request of the Committee's chairman, the HR Director presented demographic
information regarding the County's employee population before initiating the discussion on
HR's initiatives. (Attachment 2) Mr. Ewing requested a similar review of the County's major
benefit plans for informational purposes. Mrs_ Gromling requested a review of healthcare issues,
a plan summary of the County's high risk areas with regards to high dollar claims, and recurring
diagnosis. Both requests were approved by Ross Spicer and will be presented as soon as
practical.
The HR Director presented the department's strategic initiatives for calendar year 2012.
There being no further business, the meeting was adjourned.
The next meeting will be held on Friday, March 2, 2012 at 8:00 a.m.
FINANCE COMMITTEE REPORT - APPROVED
The Finance Committee met in the First Floor Conference Room at 107 North Kent
Street on Wednesday, February 15, 2012 at 8:00 a.m. All members were present. An FY 2013
Budget Work Session and an Audit Committee immediately followed.
Finance Committee
1. The Sheriff requests a General Fund (Fund 10) supplemental appropriation in the
amount of $5,608.91 No local funds required. This amount represents the following:
a. $150.60 for restitution for damage to Sheriff's property. See attached memo, p. 4.
b. $4,958.31 for reimbursements for prisoner extraditions. See attached memo, p. 5.
c. $500 from the Army Corps of Engineers for use of the County firing range. See
attached memo, p. 6.
d.
The committee recommends approval of all three items. — Approved.
Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board
approved the above request by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
2. The Fire and Rescue Chief requests discussion and approval to apply for the SAFER
Grant from FEMA. See attached information, p. 7 -9. The committee recommends approval of
the application. — Approved.
Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board
approved the above request.
Minute Book Number 37
Board of Supervisors Regular Meeting of 62/22112
M.
Supervisor Lofton stated that sometimes we make the wrong decision by accepting
money and there was no existing mechanism to pay when these grant funds run out so he could
not support the request.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Nay
3. The Assistant County Administrator presents the recommendation of the LHSD tax
rate and structure for your consideration. See attached information, p. 10 -14. The committee
recommends keeping the current rate and tiered rate structure. — Approved.
Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Spicer, the Board
approved the request by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
4. The Treasurer presents the Annual Updated of the Frederick County Treasurer's
Office. See attached information, p. 15 -20. No action is required.
5. The Commissioner of the Revenue reports on COR performance. See attached
information, p. 21 -31. No action is required.
6. The Finance Director discusses the FY2011 Comprehensive Annual Financial Report
(CAFR). No action is required.
BudEret Work Session
1. Continuation of FY 2013 budget discussions. See attached information, p. 32 -41.
Audit Committee
1. Randy Jones from Robinson, Farmer, Cox Associates presented the FY 2011 final
audit and was available for discussion of the upcoming FY 2012 audit. The committee
authorized the committee Chairman to sign the engagement letter for the FY 2012 audit.
Information Onl
42 -44.
1. The Finance Director provides a Fund 10 Transfer report for FY12. See attached, p.
2. The Finance Director provides an FY12 Unreserved Fund Balance report. See
attached, p. 45.
3. The Finance Director provides financial statements for the period ending January 31,
2012. See attached, p. 46 -56.
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22/12
240
PUBLIC HEARING
PUBLIC HEARING - THE BOARD OF SUPERVISORS WILL CONDUCT A
PUBLIC HEARING ON THE DECLARATION AS SURPLUS AND DISPOSAL
OF ITS INTEREST IN REAL PROPERTY LOCATED AT 317 S. CAMERON
STREET, WINCHESTER, VIRGINIA, IDENTIFIED AS CITY OF
WINCHESTER PROPERTY IDENTIFICATION NUMBER 193- 1 -K -14. THE
PURPOSE OF THE HARING IS TO RECEIVE PUBLIC COMMENT ON THE
DECLARATION OF PROPERTY AS SURPLUS AND APPROVAL OF THE
SALE OF THE PROPERTY TO ANNE PALMER PER THE TERMS OF THE
VIRGINIA ASSOCIATION OF REALTORS RESIDENTIAL CONTRACT OF
PURCHASE DATED NOVEMBER 27, 2011. — (RESOLUTION #046 -12) -
APPROVED WITH AMENDMENTS TO PURCHASE CONTRACT
Administrator Riley advised the County received a purchase contract for the vacant Court
Services building (aka the old jail) located at 317 S. Cameron Street. This property is jointly owned by
the City of Winchester and Frederick County. The proposed purchase contract has a purchase price of
$395,000, which would be split equally between the city and the county. In addition, the proposed
contract contains the following conditions:
- The property is sold "as is — where is ".
The sale is contingent upon final city and county approval.
The city property tax will be set at the purchase price of $395,000 and will be frozen for 10
years from the date of settlement in accordance with the City's substantial Historic
Rehabilitation Tax Abatement Program.
The feasibility study contingency will expire on February 17, 2012.
The home inspection contingency has been removed.
The purchaser reserves the right to assign this contract to her newly formed Virginia LLC
once this LLC is registered with the Virginia SCC.
He went on to say the Board authorized a public hearing to declare the property surplus and approve the
sale of the property to Anne Palmer per the terms of the Virginia Association of Realtors Residential
Contract of Purchase dated November 27, 2012. Upon review of the contract, staff noticed that Long and
Foster Webber and Associates, the reahor, has made representations that it represents both the buyer and
seller; that is not the case. We, as seller, have not entered into any representation agreement; therefore,
staff would recommend the contract be approved, except for the designation of Long and Foster Webber
and Associates as sellers' agent, and excluding the Virginia Association of Realtors Required Disclosure
of Brokerage Relationship. He concluded by saying at the conclusion of the public hearing, staff would
request the Board take action to declare the property as surplus and approve the conveyance to Anne
Palmer, per the terms of the contract with the exceptions previously identified by staff.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22113
Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board
approved the resolution approving the declaration as surplus property and the conveyance of 317
S. Cameron Street, Winchester, VA to Anne B. Palmer, with the revisions to the contract as
previously outlined.
WHEREAS, the County of Frederick, Virginia, and the City of Winchester, Virginia,
are joint owners of real property and improvements located at 317 S. Cameron Street,
Winchester, Virginia, identified as City of Winchester property identification number 193 -1 -K-
14; and
WHEREAS, said property was formerly occupied by the Frederick County Division of
Court Services and the Winchester/Frederick County Detoxification Center; and
WHEREAS, the Frederick County Division of Court Services has relocated its offices
and the Winchester /Frederick County Detoxification Center is no longer in operation, said
property is currently vacant; and
WHEREAS, an interested buyer has approached the owners about acquiring the title to
said real property and submitted a contract to purchase same; and
WHEREAS, there have been no other offers to purchase said real property presented;
and
WHEREAS, the Board of Supervisors conducted a public hearing on the declaration as
surplus and conveyance of 317 S. Cameron Street, Winchester, Virginia to Anne B. Palmer at
their February 22, 2012 meeting.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County
of Frederick, Virginia hereby declare the real property and improvements located at 317 S.
Cameron Street, Winchester, Virginia, identified as City of Winchester Property Identification
Number 193- 1 -K -14 to be surplus property; and
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of
Frederick, Virginia approve the sale of the property to Anne B. Palmer per the terms of the
Virginia Association of Realtors Residential Contract of Purchase dated November 27, 2011,
except for the designation of Long and Foster Webber and Associates as sellers' agent, and
excluding the Virginia Association of Realtors Required Disclosure of Brokerage Relationship;
and
BE IT .FURTHER RESOLVED that the County Administrator is hereby authorized to
take all necessary actions to execute the conveyance of Frederick County's interest in the
property to Anne B. Palmer.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Christopher E. Collins
Aye
Charles S. DeHaven, Jr.
Aye
Ross P. Spicer
Aye
Gene E. Fisher
Aye
Gary A. Lofton
Aye
BOARD LIAISON REPORTS
There were no Board liaison reports,
CITIZEN COMMENTS
24.1
Minute Book Number 37
Board of Supervisors Regular Meeting of 02/22/12
242
Jay Marts, Gainesboro District, commended the landfill operations and staff for their
work, reasonable user fees, etc. It is an outstanding operation. He commended the talk about
revenue recovery and the Sheriff's conversion of some vehicles to natural gas. He expressed
concern about pay raises and tax increases. He talked about his belief in giving staff merit
increases versus across the board raises. He went on to say if the real estate tax was to be
increased then all of the taxes and fees needed to increase. He did not believe Frederick County
Public Schools were making tough choices /decision because there had been no consideration of
increased class sizes or fees.
BOARD OF SUPERVISORS COMMENTS
Administrator Riley stated Frederick County has had a merit system in place since 1983.
ADJOURN
UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY
SUPERVISOR FISHER, THERE BEING NO FURTHER BUSINESS TO COME
BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (7:50 P.M.)
Richard C. Shickle J n h. Riley, Jr.
Chairman, Board of Supervisors erk, Board of Supervisors
Minutes Prepared By: L�L E, . /iz,1
Jay E. TiblA
Deputy Clerk, Board of Supervisors
Minute Book Number 37
Board of Supervisors Regular Meeting of 02122/12