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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