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HomeMy WebLinkAboutMay 9 2012 Regular Meeting Minutes310 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 9, 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; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A. Lofton; and Ross P. Spicer. ABSENT Christopher E. Collins (Arrived at 7:20 p.m.), 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 that he had one addition to the agenda. He added a resolution supporting the Port of Virginia Economic and Infrastructure Development Zone Grant Program as item number 4 under County Officials. 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 Absent Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E, Fisher 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 DeHaven, seconded by Supervisor Lofton, the Board approved the minutes from the April 18, 2012 special meeting by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 05 /09/12 M Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent 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 Supervisor Lofton, the Board approved the minutes from the April 25, 2012 regular meeting by the following recorded vote: Richard C. Shickle Abstain Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF KEVIN L. ANDERSON AS MEMBER -AT -LARGE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board appointed Kevin L. Anderson to serve as member -at -large to the Parks and Recreation Commission. This is a four year appointment, said term to expire May 9, 2015. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF DANA BOWMAN TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board reappointed Dana Bowman to the Community Policy and Management Team. This is a two year appointment, said term to expire June 30, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Absent Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye Minute Book Number 37 Board of supervisors Regular Meeting of 05/09/12 312 (Supervisor Collins arrived. 7:20 p.m.) APPOINTMENT OF DEVELOPMENT IMPACT MODEL COMMITTEE - APPROVED Upon a motion by Supervisor Spicer, seconded by Supervisor Fisher, the Board appointed the following members to the Development Impact Model Committee: Kris C. Tierney — County Administration Representative Gary A. Lofton — Board of Supervisors' Representative H. Paige Manuel — Planning Commission Representative Roger L. Thomas — Planning Commission Representative Dr. John Lamanna — School Board Representative Josh Phelps — Economic Development Commission Representative 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 JOANNE LEONARDIS AS RED BUD DISTRICT REPRESENTATIVE TO THE SOCIAL SERVICES BOARD - APPROVED Upon a motion by Supervisor Collins, seconded by Supervisor Lofton, the Board reappointed Joanne Leonardis as Red Bud District representative to the Social Services Board. This is a four year appointment, said term to expire June 30, 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 APPOINTMENT OF DEREK ASTON TO CODE AND ORDINANCE COMMITTEE Chairman Shickle advised that he had appointed Derek Aston to the Code and Ordinance Committee. SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER 2012 - APPROVED Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board canceled the following meetings: June 27, 2012; July 11, 2012; August 22, 2012; October 24, 2012; November 28, 2012; and December 26, 2012. The above motion was approved by the following recorded vote: Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 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 MEMORANDUM RE: STEPHENS CITY SCHOOL BID RESULTS — STAFF TO WORK WITH TOWN REPRESENTATIVES TO FINALIZE DETAILS OF A SALE CONTRACT Assistant County Administrator Kris Tierney appeared before the Board regarding this item. He advised the bid opening for the remainder of the Stephens City school property was held on Friday, April 27, 2012 at 2:00 p.m. The lone bid was submitted by the Town of Stephens City in the amount of $100,000. He went on to say this offer was conditioned upon a number of terms, including the following: - The property shall be unencumbered, except for easements which a proper survey would disclose to the buyer. - The County must agree to remove the remaining restriction, a reversionary clause, which it holds on the adjoining Old School property now owned by the Town. He concluded by .saying staff is seeking guidance from the Board regarding its willingness to accept the Town's offer and conditions. Vice - Chairman Ewing stated the $100,000 bid was well under the appraised value, but he believed the property would be a liability to the county. He went on to say he was comfortable with accepting the bid, he had no problem with the time limits, and he saw no problem consolidating the lots and removing the reversionary clause. Supervisor Lofton asked if it was the Town's intent to consolidate the lots into one. If so, he would be comfortable with removing the reversionary clause. Supervisor DeHaven stated he did not have a concern about it and would like to see the property put to good use. Administrator Riley stated that it sounded like the Board was okay with eliminating the reversionary clause as long as the lots were consolidated. Chairman Shickle stated he was not sure he could accept the $100,000 offer, but he was not negative on the proposal at this time. Staff will work with the Town to finalize details such as lot consolidation and prepare a purchase contract, which will be brought back to the Board for public hearing. Minute Book Number 37 Board of supervisors Regular Meeting of 05/09/12 314 RESOLUTION #056 -12 SUPPORTING THE PORT 'OF VIRGINIA ECONOMIC AND INFRASTRUCTURE DEVELOPMENT ZONE GRANT PROGRAM — APPROVED Administrator Riley advised that Governor McDonald plans to offer amendments to the 2013 -2014 Appropriations Act to create the Port of Virginia Economic and Infrastructure Development Zone Grant Program. This new program would provide companies involved in maritime commerce or those companies that export or import goods through the Port of Virginia with a grant in an amount based upon the number of jobs created. The grants would be disbursed as follows: - Companies that create 25 jobs would be eligible to receive $1,000 per new job; - Companies that create 50 jobs would be eligible to receive $1,500 per new job; - Companies that create 75 jobs would be eligible to ieceive $2,000 per new job; and - Companies that create 100 or more jobs would be eligible to receive $3,000 per new job. The maximum grant amount any one company can receive is $500,000 with the total amount of grants available among qualifying companies is $5,000,000. Companies that locate or expand a facility within the Port of Virginia Economic and Infrastructure Development Zone would be eligible for the grant. The grant program is proposed to begin January 1, 2013. Frederick County is one of the 35 localities to be included in the Port of Virginia Economic and Infrastructure Development Zone. He concluded by saying staff was seeking the Board's support of this resolution. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the resolution supporting the Port of Virginia Economic and Infrastructure Development Zone Grant Program. WHEREAS, the Port of Virginia — sustaining 343,000 jobs and generating over $41 billion in revenues, $13 billion in payroll, and $1.2 billion in tax revenue — is one of the Commonwealth's greatest economic assets; and WHEREAS, the Port of Virginia, despite its recent challenges brought on by the economic recession, is projected to undergo significant growth in the coming years with the completion of the Panama Canal Extension Project; and WHEREAS, the Port of Virginia cannot achieve this growth without the development of the distribution, intermodal, manufacturing, warehousing, and other supply chain facilities necessary to support port operations; and WHEREAS, the Virginia Inland Port is an important part of the Port of Virginia, extending its operations 220 miles inland and providing significant economic benefits to the region; and WHEREAS, Governor McDonnell is proposing to create the Port of Virginia Economic and Infrastructure Development Zone Grant Program, which will incentivize companies involved in maritime commerce and the import and export of goods through the Port of Virginia to locate in Virginia; and Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 MIENiQ romm WHEREAS, creation of this grant program will bring much needed jobs and economic development to our community. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that we support the establishment of the Port of Virginia Economic and Infrastructure Development Zone Grant Program and respectfully request the House of Delegates and the Senate of Virginia to approve Governor McDonnell's proposed amendments to the 2013- 2014 Appropriations Act establishing this zone. ADOPTED this 9 day of May, 2012. 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 PUBLIC WORKS COMMITTEE REPORT- APPROVED The Public Works Committee met on Tuesday, April 24, 2012 at 8:00 a.m. All members were present except Jim Nilson. The following items were discussed: ** *Items Requiring Action * ** 1. Greenhouse Gas Credits Contract The committee unanimously endorsed staff's recommendation to extend CAMCO's greenhouse gas credits contract through September 2018. The attached correspondence describes the basis for this recommendation. The county attorney reviewed these documents and concluded that the proposed contract extension is allowed under Virginia's law. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the extension of the CAMCO greenhouse gas credits contract through September 2018. The above motion was approved by the following recorded vote: Richard C. Shickle Bill M. Ewing Christopher E. Collins Charles S. DeHaven, Jr. Ross P. Spicer Gene E. Fisher Gary A. Lofton Aye Aye Aye Aye Aye Aye Aye ** *Items Not Requiring Action * ** 1. Road Entrance for Sheridan Estates The committee reviewed a request from the zoning administrator to find and construct an entrance to the Sheridan Estates subdivision to comply with the Virginia Department of Transportation's standards. After discussing the issue at length, the committee decided to take no action. (Attachment 2) 2. Rural Roads Presentation Minute Book Number 37 Board of Supervisors Regular Meeting of 05109/12 orl The Deputy Director of Planning and Development, Mr. John Bishop, presented a map delineating the private roads within Frederick County. His presentation was a continuing effort to study the future of private rural roads in the county. 3. Status of Old Stephens City Elementary School Ancillary Buildings Assistant County Administrator, Mr. Kris Tierney, presented a brief status of the proposed sale of the Old Stephens City Elementary School ancillary buildings. A walk through was held on April 12, 2012, to offer prospective bidders the opportunity to inspect the buildings and grounds advertised for sale. Bids will be received on April 27, 2012. The results of the bids will be provided to the committee by telephone and/or e -mail to solicit their input prior to submission to the board for action. 4. Sale of Old Gainesboro Elementary School The sale of the Old Gainesboro Elementary School is almost complete. As a result of the sale, Frederick County will retain an approximate 1.4 acre parcel to be developed as a citizens' convenience center to replace the woefully inadequate Back Creek site. The committee recommended that the $75,001 resulting from the sale be placed in the General Fund rather than using it to construct an entrance road to the future convenience site. They Concluded that it would be better to fund the entire project rather than just a portion of the site development. 5. Proposed Bike Path at the Bowman Library The Director of Public Works indicated that this department has been approached by the Bowman Library staff to construct a paved bike path between the library and Lakeside Drive. The project would be funded using available proffer money. The committee recommended that this project which is anticipated to cost approximately $50,000 be submitted to the Finance Committee for their review and endorsement. 6. MOA for New Transportation Facility The committee discussed in detail the proposed vehicle maintenance agreement between the school board and the Frederick County Board of Supervisors. After discussing the costs and impacts of this agreement, the committee recommended that the agreement document be submitted to the Finance Committee for their review. This document will be forwarded without a recommendation from the public works committee. (Attachment 3) 7. Update on a New Round Hill Volunteer Fire Station The County Administrator, Mr. John Riley, provided a brief status of the proposed new Round Hill Volunteer Fire Station. The subject fire station facility is being relocated from its current location to a four (4) acre site proffered by the Spring Arbor development. As a result of the subsequent discussion, Mr. Riley suggested an ad.hoc committee be formed using members from the Public Works and Public Safety Committees to review planned layouts of the proposed new fire station. Mr. Whit Wagner volunteered to serve on the committee with board members Gene Fisher and Gary Lofton. (Attachment 4) 8. Miscellaneous Reports a) Tonnage Report (Attachment 5) b) Recycling Report (Attachment 6) c) Animal Shelter Dog Report (Attachment 7) d) Animal Shelter Cat Report (Attachment 8) PUBLIC HEARINGS Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 317 PUBLIC HEARING - PROPOSED 2012 REAL PROPERTY TAX RATE — THE BOARD OF SUPERVISORS INVITES COMMENTS ON THE PROPOSED REAL PROPERTY TAX RATE FOR THE 2012 ASSESSMENT YEAR. TAX YEAR 2011 TAX YEAR 2012 CURRENT REAL PROPOSED REAL PROPERTY TAX PROPERTY TAX PROPOSED RATE RATE INCREASE $0.545 $0.585 $0.04 TAX RATE IS PER $100 OF ASSESSED VALUE - APPROVED Administrator Riley advised that the Board had closed its budget process on April 11, 2012 with an adopted budget. On April 18, 2012 the Board reconvened to discuss issues dealing with State funding to include: - The VRS mandated increase resulting in a $465,259 cost to the county in order to meet the new requirement. This would make the employee whole and address the increase FICA due to mandated 5% salary increase. He went on to say the VRS ratios would be artificially lowered. - An increase for the county to fund the Line of Duty Act, which used to be a state funded item. - The County's $293,812 payment in aid to the Commonwealth, which was a onetime request from the State to assist them in their fiscal distress that is now in its fourth year. Based upon the increased fiscal demands, the Board approved advertising a proposed a real estate tax rate of $0.5 851$100. Chairman Shickle convened the public hearing. Natalie Miller, Back Creek District, read the following statement: "Good Evening. My name is Natalie Miller and I am a resident of the Back Creek District of Frederick County. The recession and limited resources have affected everyone. As a taxpayer, I appreciate the tough decisions facing the Board of Supervisors, County Administration and School Board. Tonight I am bringing my concerns as a parent of students in the Frederick County School System. My children are students at Frederick County Middle School. My oldest child thinks FCMS is old and in need of repair. I explained that bricks and mortar do not make a school. Teachers, curriculum, and students make a school. Currently because of budget constraints, unfunded state mandates and federal requirements, the School Board is making decisions that detrimentally affect curriculums at our schools. For rising 7 4h graders at Frederick County Middle School and Robert E. Aylor Middle School, the elective courses of introduction to Spanish and Introduction to French have been eliminated from the course offerings. Originally when my child brought home the electives listing I was disappointed and contacted the Guidance Department in the School as well as the School Administration offices to express my concerns. It was explained as an unfortunate cut due to budget constraints. I assumed these cuts had been made county wide at all four Middle Schools. This past week I learned students at James Wood Middle School and Admiral Byrd Middle School are presented the opportunity to select these courses. I believe this is discrimination for %z of the middle schools in Frederick County. I am very disappointed. The students at FCMS and Robert E. Aylor will face an unfair disadvantage upon arrival at High School 'in Spanish 2 or French 2. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 • I spoke with School Board members and school officials who point to you, the Board of Supervisors and the budget constraints as the basis for their decisions. Therefore I am here to express my concerns. I am told that one factor considered in this decision was student population at the school. The student populations in county schools are set by the school board and the school administration. The school. board and school administration define the school districts in our county. Parents and students do not make these decisions. I firmly believe we should educate all of our students equally and provide them with the best education possible to compete in the job markets as well as entrance to colleges and universities. Currently in order to apply to some Virginia colleges or universities, 4 years of a foreign language are required. Employers are currently paying premiums for bilingual employees. I ask that you, the Board of Supervisors in conjunction with the Frederick County School Board and Frederick County School Administration immediately rectify this situation and create an equal opportunity educational curriculum for all of the students of Frederick County. Spend our hard earned taxpayer money on what really counts — competent qualified teachers and the most comprehensive educational courses for all of our students. This will allow our graduates to compete in their respective fields of either higher education or the job market with the best possible opportunities to succeed. Let's set the example for the other localities in the commonwealth making Frederick County a locality where all teachers want to teach, students want to learn and high tech environmentally friendly businesses want to locate. Thank you for your consideration to my concerns. " Pat Grasso, Gainesboro District, addressed the Board as a resident, teacher, and retiring teacher. She spoke in favor of the $0.04 tax increase to restore some of the cuts made to the schools. Keith Lichliter, Opequon District, spoke as a teacher and a homeowner. He stated that he was asking for the tax increase in hopes that some of the revenue would benefit Frederick County Public Schools. He noted that day after day he walks into an outdated classroom with computers that do not work, and using software that is outdated. Joy Kirk, Back Creek District, spoke as a teacher in favor of the $0.04 tax increase. She went on to say we cannot continue to serve, protect, and educate a growing population without proactive taxes. Susan Ritter, Opequon District, spoke as a school teacher in favor of the tax increase. She noted it was time to fund public services and the community. Allison MacArthur, president of the Frederick County Education Association, spoke in favor of the proposed tax increase. She stated she would like to see the tax increase used for public services in the county as a whole. Jay Marts, Gainesboro District, stated the main reason we are here is because of VRS, which has been mismanaged for many years. Unfortunately, reform of the system comes at the expense of the local tax payers, He hoped there would be consideration given to decreasing the Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 ORA size of government. He cited the new transportation facility and stated that he hoped the County would maximize the private sector businesses. He also spoke regarding the proposed fee for service, which would be a user fee. He concluded by saying there should be an upper limit to government services. Amber Lucchiani, Winchester resident and Frederick County teacher, stated the vitality of the community depends on the tax increase. She went on to say that four of the 10 members of her work team are looking for higher pay. She hoped the Board of Supervisors would approve the proposed tax increase. Maureen Keresman, Gainesboro District, shared a conversation she had with her son who is a junior at James Wood High School. She advised that many Advanced Placement classes had been eliminated. She wondered what other alternatives there were for these students. She concluded by saying Frederick County public servants should take part in supporting these students. Michelle Lucci, a teacher and Frederick County resident, advised that she and her husband work two jobs just trying to make ends meet. She went on to say they are constantly looking for jobs that pay more. She concluded by saying she hoped the Board can agree to go forward with the proposed tax increase. There being no further comments, Chairman Shickle closed the public hearing. Vice - Chairman Ewing stated he was very unhappy that the Board has to sit here and consider a tax increase "that has been placed on us by the legislators and governor ". He went on to say he saw that it was needed, but was unhappy because of the reason. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Spicer, the Board approved the ordinance to adopt the 2012 Assessment year real estate tax rate. WHEREAS, a notice of public hearing was published and a public hearing held on May 9, 2012. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Frederick, Virginia, that the real estate tax rate for the 2012 assessment year as advertised in The Winchester Star on April 25, 2012 and May 2, 2012, be hereby approved as follows: • 58.5 cents per $100 of assessed value to be applied to real estate, including mobile homes. ADOPTED this 9th day of May, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Minute Book Number 37 .Board of Supervisors Regular Meeting of 05/09/12 M Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSED ORDINANCE — DUE DATES FOR 2012 PROPERTY TAXES -- PURSUANT TO SECTION 15.2 -1427 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING ON A PROPOSED ORDINANCE TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONSOF SECTION 155 -2 OF THE COUNTY CODE FOR ALL REAL PROPERTY TAXES ASSESSED FOR TAX YEAR 2012 AND FOR ALL PERSONAL PROPERTY TAXES ASSESSED FOR TAX YEAR 2012 ALL SUCH TAXES SHALL BE DUE AND PAYABLE IN TWO APPROXIMATELY EQUAL INSTALLMENTS AS FOLLOWS: ONE -HALF ON OR BEFORE JUNE 15, 2012, AND THE REMAINDER ON OR BEFORE DECEMBER 5, 2012. - APPROVED Administrator Riley advised this ordinance would create new due dates for property taxes because of the reopening of the budget process to consider the tax increase. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Collins, seconded. by Supervisor Lofton, the Board approved the proposed ordinance regarding due dates for 2012 property taxes. The Board of Supervisors of Frederick County, Virginia hereby ordains that, notwithstanding the provisions of Section 155 -2 of the County Code, for all real property taxes assessed for tax year 2012 and for all personal property taxes assessed for tax year 2012, all such taxes shall be due and payable in two approximately equal installments, as follows: one -half on or before June 15, 2012, and the remainder on or before December 5, 2012. This ordinance applies for purposes of tax year 2012 only and the due dates provided for in Section 155 -2 of the County Code for any and all other years are unchanged. Enacted this 9` day of May, 2012. 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 PUBLIC HEARING - PROPOSED ORDINANCE — SALARIES OF THE BOARD OF SUPERVISORS -- PURSUANT TO SECTION 15.2 - 1414.3 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, TH EBOA_RD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN $10 VICE- CHAIRMAN $10,200; AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9,000. - APPROVED Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 321 Administrator Riley read the proposed ordinance regarding the salaries of the Board of Supervisors. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Collins, the Board approved the ordinance setting the salaries for the Board of Supervisors. BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2012, 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 Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSED DECLARATION AS SURPLUS AND DISPOSAL OF A PORTION OF THE REAL PROPERTY KNOWN AS THE OLD GAINESBORO SCHOOL LOCATED AT 5629 NORTH FREDERICK�PIKL WINCHESTER, VIRGINIA, AND IDENTIFIED BY FREDERICK COUNTY PROPERTY IDENTIFICATION NUMBER 29 -A -33. THE HEARING IS PURSUANT TO VIRGINIA CODE SECTION 15.2 -1800 AND THE PURPOSE OF THE HEARING IS TO RECEIVE PUBLIC COMMENT ON THE DECLARATION OF A PORTION OF THE PROPERTY AS SURPLUS AND APPROVAL OF THE SALE OF A PORTION OF THE PROPERTY TO SCOTT STROSNIDER PER THE TERMS OF A REAL ESTATE SALES CONTRACT DATED MARCH 22 2012. — RESOLUTION #055 -12 - APPROVED Assistant County Administrator Kris Tierney appeared before the Board regarding this item. He advised this was a public hearing on the proposed sale of the old Gainesboro School property and buildings located at 5629 North Frederick Pike. Mr. Scott Strosnider was the high bidder and staff negotiated a sales contract that is contingent upon Board approval. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the resolution approving the declaration as surplus property and conveyance of 5629 North Frederick Pike, old Gainesboro School property. Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 322 WHEREAS, the County of Frederick, Virginia is the owner of real property and improvements located at 5629 North Frederick Pike in Frederick County, Virginia known as the Old Gainesboro School property, containing approximately four (4) acres and identified as Frederick County property identification number 29 -A -33; and WHEREAS, the property was declared surplus by the Frederick County School System on October 16, 2007, and gifted to Frederick County on August 19, 2008; and WHEREAS, having no viable use for the whole of the property or buildings, Frederick County advertised the sale of the property through an invitation for bids published on January 17, 2012 and again on January 23, 2012, in the Winchester Star; and WHEREAS, Mr. Scott Strosnider submitted the high bid in response to the invitation for bids; and WHEREAS, the Board of Supervisors conducted a public hearing on the declaration as surplus and conveyance of 5629 North Frederick Pike to Mr. Strosnider or assignee at their May 9, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby declares that such portion, as provided in the real estate sales contract dated March 22, 2012, of the real property and improvements located at 5629 North Frederick Pike, identified as property identification number 29 -A -33, to be surplus property and approves the sale of the property to Scott Strosnider per the terms of real estate sales contract dated March 22, 2012. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to take all necessary actions to execute the conveyance of such portion of Frederick County's interest in the property, as provided in the real estate sales contract dated March 22, 2012, to Mr. Scott Strosnider, or assignee. ADOPTED this 9 day of May, 2012. 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 PUBLIC HEARING - PROPOSED GRANTING OF AN EASEMENT TO RAPPAHANNOCK ELECTRIC COOPERATIVE OVER CERTAIN LAND JOINTLY OWNED BY FREDERICK COUNTY CLARKE COUNTY AND THE CITY OF WINCHESTER LOCATED IN CLARKE COUNTY WHICH IS IDENTIFIED BY CLARKE COUNTY TAX PARCEL NUMBER 12 -A -17. THE HEARING IS PURSUANT TO VIRGINIA CODE SECTION 15.2 -1800 AND THE LAND CONSTITUTES A PORTION OF THE REGIONAL LANDFILL AND THE PURPOSE OF THE HEARING IS TO RECEIVE PUBLIC COMMENT ON THE GRANTING OF THE EASEMENT OVER THE LAND TO PERMIT RAPPAHANNOCK ELECTRIC COOPERATIVE TO RELOCATE CERTAIN ELECTRIC DISTRIBUTION FACILTIES IN ORDER TO FACILITATE CERTAIN PROPOSED LANDFILL IMPROVEMENTS WORK THAT WOULD OTHERWISE CONFLICT WITH THE CURRENT LOCATION OF THE RAPPAHANNOCK ELECTRIC COOPERATIVE FACILITIES. — APPROVED RIGHT -OF -WAY RELOCATION Administrator Riley advised that the Board previously authorized a public hearing on a proposed a right -of -way agreement with Rappahannock Electric Co- operative related to Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 relocation of an existing power line currently running through landfill property located in Clarke County. The right-of-way agreement must be approved by all three jurisdictions associated with the landfill (i.e. Frederick County, Clarke County, and the City of Winchester) and each jurisdiction will be required to execute the agreement. At the conclusion of the public hearing, staff recommends the Board approve the conveyance and authorize the county administrator to execute the right-of-way agreement on behalf of the county. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the relocation of the Rappahannock Electric Cooperative right -of -way. 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 Supervisor Lofton informed the Board that Virginia Tech Cooperative Extension had completed a study, which stated that if households in the valley spent just $10 per week on local produce it would add millions of dollars to the local economy. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. ADJOURN UPON A MOTION BY SUPERVISOR FISHER, SECONDED BY SUPERVISOR DEHAVEN, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:15 P.M.) Richard C. Shickle XBoalrd Chairman, Board of Supervisors upervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12 324 Minutes Prepared By:-, Jay E.ITi6bs Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 05/09/12