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August 8 2012 Regular Meeting Minutes
02 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August S, 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; and Ross P. Spicer. ABSENT Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised that he had no additions or changes 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 Absent CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution of Appreciation for Gwen T. Monroe — Tab B; - Memorandum from County Attorney and Resolution Re: Notice of Claim of Vernon Downes — Tab F; and - Public Safety Committee Report -- Tab H. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Fisher, the Board approved the consent agenda by the following recorded vote: Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08112 027 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 Absent 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 Collins, seconded by Supervisor Spicer, the Board approved the minutes from the July 25, 2012 work session with the Frederick County School 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 Absent COUNTY OFFICIALS _ RESOLUTION 0008 -12) OF APPRECIATION FOR GWEN T. MONROE -- APPROVED UNDER CONSENT AGENDA WHEREAS, Gwen T. Monroe faithfully served as the Director of Social Services for County of Frederick, Virginia, for the past 34 years, from January 1, 1978 until July 31, 2012; and WHEREAS, Mrs. Monroe was an advocate in Virginia for the state's Children's Transformation initiative and became an "agent of change" under the Virginia Department of Social Services system of identifying grass roots leaders under The Agents of Change Program, which was designed to improve the way at -risk children and their families achieve success; and WHEREAS, Mrs. Monroe initiated and implemented child and family teams as a matter of practice for all children at critical decision points such as preventing removal from and return to the home; and WHEREAS, during her term as chair of the Community Policy Management Team, Mrs. Monroe changed the way families were engaged as partners to prevent placement of children outside of the home; and WHEREAS, Mrs. Monroe's work has been highlighted, on many occasions, as a model in leadership and community practice. Minute Book Number 38 Board of supervisors Regular Meeting of 08/ 08/72 I m NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its sincerest appreciation to Gwen T. Monroe and wishes her all of the best in her future endeavors. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 8th day of August, 2012. COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN R. RILEY JR. AS FREDERICK COUNTY ALTERNATE TO THE JUVENILE DETENTION CENTER COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board reappointed John R. Riley, Jr. as Frederick County Alternate to the Juvenile Detention Center Commission. This is a four year appointment. Term expires September 27, 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 Absent REAPPOINTMENT OF ERIC R. LAWRENCE AND KRIS C. TIERNEY AS FREDERICK COUNTY REPRESENTATIVE AND FREDERICK COUNTY ALTERNATE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, the Board reappointed Eric R. Lawrence as Frederick County representative and Kris C. Tierney as Frederick County alternate to the Northern Shenandoah Valley Regional Commission. This is a three year appointment. Term expires September 30, 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 Absent REAPPOINTMENT OF BILL M. EWING AS FREDERICK_ COUNTY BOARD OF SUPERIVSORS' REPRESENTATIVE TO THE NORTHWESTERN REGIONAL JAIL AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed Bill M. Ewing as Frederick County Board of Supervisors' representative to the Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08112 029 Northwestern Regional Jail Authority. This is a four year appointment. Term expires October 13, 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 Absent REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue requested the Treasurer be authorized to refund the following: 1. Ryder Truck Rental in the amount of $2,576.23 for the proration and an adjustment to values for personal property taxes of 2011 and 2012. 2. Williams Recycling, Inc. in the amount of $2,570.48 for an amended equipment filing and adjustment to rate for personal property taxes for 20111 and 2012. Upon a motion by Vice- Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund requests 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 Absent REQUEST FROM FREDERICK COUNTY SCHOOLS TO SCHEDULE PUBLIC HEARING DATE FOR FY13 BUDGET AMENDMENTS AND TO PARTICIPATE IN THE FALL 2012 VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) BOND SALES - APPROVED Administrator Riley advised this was a request from Frederick County Schools to schedule a public hearing for FY2013 Budget Amendments and to participate in the Fall 2012 Virginia Public School Authority bond sale. following: The FY2013 budget adjustments are for the 1. $6.1 million adjustment to the School Construction Fund for additions to the four elementary schools to accommodate full -day kindergarten. 2. $2.5 million for the design and document preparation for the fourth high school to the point of, but not including, bidding the project prior to construction. 3. $2.0 million for the design and document preparation for the replacement Frederick County Middle School to the point of, but not including, bidding the project prior to construction. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 030 The second public hearing is seeking approval to participate in the Fall 2012 VPSA bond sale in the amount of $4.8 million ($1.4 million for James Wood High School, $1.0 million elementary additions, $1.4 million 4"' high school, and $1.0 million middle school). It is requested that these public hearings be held at the Board's September 12, 2012 meeting. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board . authorized the requested public hearings. 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 Absent MEMORANDUM FROM COUNTY ATTORNEY AND RESOLUTION 009 -12 RE: NOTICE OF CLAIM OF VERNON DOWNES — APPROVED UNDER CONSENT AGENDA WHEREAS, the County has received, apparently, pursuant to the provisions of Virginia Code §§ 8.08 -195.1 et seq., and/or 15.2 -1243 et seq., notice (the "Notice ") of a claim (the "Claim "), dated June 12, 2012, asserted by Vernon Downes ( "Mr. Downes "); and WHEREAS, the Claim purports to assert that Mr. Downes, on June 17, 2011, allegedly sustained injuries while riding a bicycle into a chain allegedly strung across an area located near "Mulberry Terrace Road" and "Newtown Court Road ", in the Town of Stephens City; and WHEREAS, Virginia Code §15.2-209 provides that every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued; and WHEREAS, the Notice alleges an injury occurred on June 17, 2011, but the Notice was not dated until June 12, 2012, and was not received by the County until subsequent to that date, and, therefore, was not filed with the County until after six months after the alleged injury occurred and any cause of action may have accrued; and WHEREAS, the Notice does not state the time the alleged injury occurred; and WHEREAS, County staff has further investigated the Claim and found that, among other things, the streets and area where Mr. Downes allegedly may have sustained injuries are private property and are neither owned nor maintained by the Commonwealth of Virginia, the County of Frederick, or the Town of Stephens City; and WHEREAS, the Claim is forever barred against the County, as being made beyond•the applicable limitations period, and, further, the Notice fails to state the time of the alleged injury, and, as well, incorrectly alleges ownership and/or maintenance of the property involved by the County, and as to which the County could have been responsible, and, accordingly, the Claim is without merit and is not well- grounded in fact or law and must be disallowed. NOW,THEREFORE, BE IT RESOLVED, that the Board hereby disallows the Claim of Mr. Downes, as asserted in the Notice dated June 12, 2012. ADOPTED this 8 th day of August, 2012. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 031 This item was approved under consent agenda. COMMITTEE REPORTS JOINT FINANCE COMMITTEE REPORT - APPROVED The Joint Finance Committee met on Thursday, June 21, 2012 at 5:00 A.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Richard Shickle, Frederick County representative; Bill M. Ewing, Frederick County representative; and John Willingham, City of Winchester representative. Jeff Buettner, City of Winchester representative, was absent. Others present were: Milt McInturff, Winchester City Council, Jay E. Tibbs, Deputy County Administrator; Date Iman, City Manager; Roderick B. Williams, County Attorney, Anthony Williams, City Attorney; Mary Blowe, Finance Director, City of Winchester; Cheryl Shiffler, Finance Director, Frederick County; Samantha Anderson, Parking Director; Karen Helm, Director of Old Town Development Board; Dick Helm, Winchester Parking Authority Chairman; Ed Chapman, Blue Ridge Association of Realtors; and Sarah Greenhalgh, The Winchester Star. Mr. Shickle called the meeting to order. ** *For Board Action * ** Memorandum of Understanding for Joint Finance Committee - Approved The committee reviewed the draft Memorandum of Understanding regarding the Joint Finance Committee. It was suggested a section be added to the Memorandum of Understanding regarding the election of the committee chairman. Upon a motion by Mr. Willingham, seconded by Mr. Ewing, the committee recommended approval of the Memorandum of Understanding with the discussed amendment. (See attached.) A copy of the revised Memorandum of Understanding is attached. MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: JOINT FINANCE COMMITTEE I. PURPOSE The County of Frederick and the City of Winchester (hereinafter referred to collectively as "the parties ") are entering into this Memorandum of Understanding (MOU) to guide the formation and actions of the Joint Finance Committee. Effective upon its approval by the respective governing bodies and subsequent execution by representatives of all parties, this MOU shall supersede all existing agreements regarding the understanding between the parties regarding the formation and actions of the Joint Finance Committee. II. REPRESENTATION Representation on the Joint Finance Committee shall be apportioned as follows: Frederick County - Chairman of the Frederick County Board of Supervisors Chairman of the Frederick County Finance Committee City of Winchester - President of Common Council Vice - President of Common Council III. ELECTION OF CHAIRMAN Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 0321 At the first meeting of the Joint Finance Committee in May of each year, or the first meeting held thereafter if no meeting is convened in May, the Joint Finance Committee shall elect one of its representative members identified in the Section II of this Memorandum of Understanding to serve as Chairman until the Committee's meeting in May of the next year or until such time as a successor is elected.. There are no restrictions placed upon the number of consecutive terms that a member may serve as Chairman. IV. MEETINGS The Joint Finance Committee shall meet each December at a date, time, and location mutually agreeable to the parties to review funding requests for the ensuing fiscal year submitted by each jurisdiction for joint projects. The Joint Finance Committee shall meet each May to review appropriations for the ensuing fiscal year from each jurisdiction for joint projects. Other meetings of the Joint Finance Committee may be called by the Chairman or upon agreement by the respective locality representatives. V. GENERAL CONCEPTS Budgets will be reviewed by the Joint Finance Committee. Funding recommendations by the Joint Finance Committee will be based upon agreed formulas as outlines in the respective joint project memorandum of understanding. Fiscal agents for the respective joint projects shall remain the same with no assessed fee; however, if the fiscal agent relationships change, the Joint Finance Committee shall analyze the funding impact to the new fiscal agent for that function. Capital projects and funding shall be considered by the Joint Finance Committee on a case by case basis, Funding recommendations shall also be determined by usage or population. Each locality shall produce a CAFR which shall be reviewed by the Joint Finance Committee to assess each account's and fund's status as follows - Beginning cash balance; - Revenues by source (each local jurisdiction's state and/or federal funds; other major sources; and, miscellaneous income; - Expenditures by category (personnel, contractual, commodity, and capital); and - Ending cash balance. Each jurisdiction shall receive a report of line transactions for each project on an annual basis. VI. TERM The term of this MOU shall be July 1 through June 30 of each fiscal year. Unless otherwise terminated as herein provided, this agreement shall automatically renew and continue in full force and effect from year to year unless terminated by either party in such manner and at such time as hereinafter provided for terminations. VII. TERMINATION This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided.. VIII. NO DELEGATION /ASSIGNMENT OF AUTHORITY OR DUTIES Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 033 It is hereby acknowledged and agreed that nothing contained in this MOU shall be construed as a delegation of authority or assignment of duties otherwise incumbent upon the respective governing bodies. The Joint Finance Committee shall exist only in an advisory capacity to the respective governing bodies and shall have no authority to bind, commit, or otherwise take any executive action whatsoever on behalf of the City of Winchester or Frederick County. IX. EVIDENCE OF AUTHORITY TO EXECUTE In accordance with the provisions of the attached Resolutions (incorporated by reference as if set forth fully herein) duly adopted by the parties to this Memorandum of Understanding, the undersigned individuals are hereby authorized and directed to execute this Memorandum of Understanding on behalf of the respective governing bodies, and do hereby acknowledge and agree to abide its terms. Given under my hand this day of , 2012 on behalf of the City of Winchester, Virginia. Dale Iman, City Manager for the City of Winchester, VA Given under my hand this day of , 2012 on behalf of the County of Frederick, VA John R. Riley, Jr., County Administrator for the County of Frederick, VA Upon a motion by Supervisor Spicer, seconded by Vice - Chairman Ewing, the Board approved the Memorandum of Understanding for the Joint Finance Committee. 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 Election of Chairman Aye Aye Aye Aye Aye Aye Absent ** *For Information Only * ** Richard Shickle was elected chairman of the Joint Finance Committee. Discussion of Proposed Washington Square Park Mr. Ed Chapman appeared before the committee on behalf of the Blue Ridge Association of Realtors to discuss the proposed Washington Square Park. He advised that studies showed the need for green space in downtown Winchester and the Blue Ridge Association of Realtors was interested in completing the Washington Square Park that was originally proposed by Judge Robert Woltz. Mr. Chapman noted one of the pluses for this proposal was due to the property's close proximity to the walking mall but it would not interfere with the day to day business operations on the mall. He went on to say the project would be funded by the Blue Ridge Association of Realtors and the community. He concluded by saying time is of the essence and this project needs to get through the process quickly. Mr. McInturff asked if there had been any inquiries of the JJC departments regarding this proposal. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 0341 Mr. Chapman noted that Sheriff Millholland expressed some reluctance, but he would continue to work with the Sheriff to get a level of comfort. Mr. Iman noted this rendering was a second take on the proposed park and the proposal would allow some parking. Mr. Chapman stated the proposed design would give the area a hard surface on which to hold events. Mr. Ewing asked for the estimated cost. Mr. Chapman responded approximately $150,000. Chairman Shickle stated he was unsure of the possible issues regarding this project and suggested that comments regarding this version be solicited from key players. Mr. Ewing agreed with the suggestion of circulating the plan and soliciting feedback from key players. Mr. Helm stated he did not believe this proposal would negatively impact the downtown. He noted the Parking Authority needed to be involved in decisions about how this lot would be managed. He went on to say the Parking Authority would have to change its charter to allow the use of this space for events. He stated if parking was to be included on the site then he would encourage the construction of a second exit on Boscawen Street. He concluded by saying if there were no meters and the parking was private then the Authority would not be involved. City Attorney Tony Williams stated he would have to review the JJC agreement to see if Winchester Parking Authority management of the lot is part of the agreement. He went on to say he would have to confirm also if the revenues collected from this lot are part of the bond revenues to pay for the parking garage. Mr. Willingham stated there remained a lot of questions to be worked out. Chairman Shickle suggested the plan be sent out for comment to the various stakeholders. Upon a motion by Mr. Willingham, seconded by Mr. Ewing, the committee voted to send the proposed park plan to the various JJC department heads for feedback. (See attached.) There being no further business, the meeting was adjourned at 8:42 a.m. PUBLIC SAFETY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Safety Committee met on Tuesday, July 31, 2012 at 9:00 A.M., at the Public Safety Building, 1080 Coverstone Drive, Winchester, Virginia. Present were: Chairman Gary A. Lofton; Supervisor Gene E. Fisher; Supervisor Christopher E. Collins; citizen committee members Charles Torpy and Ronald Wilkins; President of the Fire and Rescue Association Tim Price; Perry Silva; Public Safety Director LeeAnna Pyles; Fire and Rescue Director Denny Linaburg; and County Administrator John R. Riley, Jr. The committee submits the following: 1. Distribution of Revenue Collected — Revenue Recovery Program Subcommittee recommends the following distributor of revenue collected from the revenue recovery program: Total Amount Billed $2,967,555.00 Total Amount Collected $2,077,289.00 of the total amount collected: 100% mileage to companies $287,518.00 10% to county for Program Mgr. & Billing Co. $178,977.00 Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 ©35 Remaining revenue $1,610,793.00 County share $805,396.00 Vol. companies' share $805,396.00 The Public Safety Committee will forward this information to the Fire and Rescue Association for their review and recommendation back to the Public Safety Committee. (See Attached) 2. Outsourcing Emergency Medical Service Chairman Lofton shared with the committee an inquiry he had made to the Governor's office with reference to whether local governments have the option to outsource emergency medical service. After discussing same, it was concluded that staff would research localities in the Commonwealth that have outsourced this service and to what extent it was successful. (See Attached) PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF CONCERN HOTLINE — 13TH ANNUAL FRIDAY FISH FRY. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86- 3, PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD FRIDAY SEPTEMBER 7 2012 FROM 4.00 P.M. TO 9:00 P.M. ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER VIRGINIA. PROPERTY OWNED BY ,IOBALIE LLC. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit for Concern Hotline's 13 Annual Friday Fish Fry. The event will be held on Friday, September 7, 2012 from 4:00 p.m. to 9:00 p.m. on the grounds of Grove's Winchester Harley Davidson. 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 Collins, the Board approved the outdoor festival permit for Concern Hotline's 13 Annual Friday Fish Fry. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DcHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent PUBLIC HEARING - OUTDOOR FESTI PERMIT REOUEST OF HI VE MINISTRIES — UTOPIA EDM REVIVAL CHRISTIAN DANCE FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS; SECTION 86 -3 PERMIT REQUIRED; APPLICATION• ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 7190. FESTIVAL TO BE HELD FRIDAY, AUGUST 24, 2012, FROM 12:00 NOON, THROUGH 12:00 NOON, SUNDAY, AUGUST 26, 2012 ON THE GROUNDS OF THE COVE CAMPGROUND, 980 COVE ROAD, GORE, VIRGINIA. PROPERTY OWNED BY ALEXANDER W. K. MCDOWELL AND MCDOWELL FAMILY, LLC. — APPROVED WITH CONDITIONS Administrator Riley advised this was a request for an outdoor festival permit by Hive Ministries for the Utopia EDM Revival Christian Dance Festival. The event will be held from 12:00 noon, Friday, August 24, 2012 through 12:00 noon, Sunday, August 26, 2012 on the grounds of the Cove Campground, 980 Cove Road, Gore, VA. Supervisor Spicer expressed concern about the lack of specifics in the application, in particular information concerning medical facilities and fire protection. Jeff Hodges, appeared before the Board on behalf of the applicant. He advised that the main applicant had contacted the local fire and rescue company. There would be multiple EMTs on site and an area would be set aside for medical care also. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Spicer, seconded by Supervisor Collins, the Board approved the outdoor festival permit application for Hive Ministries conditioned upon the applicant providing a detailed plan for medical facilities and fire protection and, if deemed adequate or inadequate, staff is authorized to approve or deny the permit. 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 Absent PUBLIC HEARING - PROPOSED DECLARATION AS SURPLUS AND DISPOSAL OF THE REMAINING PORTION, OWNED BY THE COUNTY, OF REAL PROPERTY KNOWN AS THE OLD STEPHENS CITY SCHOOL PROPERTY, COMPRISED OF TWO PARCELS TOTALING APPROXIMATELY TWO AND THREE QUARTERS (2.75) ACRES 5506 AND 5516 MAIN STREET, STEPHENS CITY, VIRGINIA, AND IDENTIFIED AS PARCEL IDENTIFICATION NUMBERS 74A03- A -160A AND 85 -A -58, AND THE PROPOSED RELEASE OF THE REVERSIONARY CLAUSE FOR THAT PORTION OF THE REAL PROPERTY KNOWN AS THE OLD STEPHENS CITY SCHOOL PROPERTY OWNED BY THE TOWN OF STEPHENS CITY COMPRISED OF APPROXIMATELY ONE AND THREE TENTHS (1.3) ACRES, AND IDENTIFIED AS PARCEL IDENTIFICATION NUMBER 74A03 -A -160. THE REVERSIONARY CLAUSE PROVIDES THAT SHOULD THE PROPERTY CEASE TO BE USED FOR PUBLIC OR COMMUNITY NON - COMMERCIAL Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 037 PURPOSES AS ARE INTENDED FOR THE BENEFIT OF THE HEALTH, SAFETY, WELFARE, EDUCATION, RECREATION, CULTURAL ENLIGHTENMENT, LITERACY, OR CIVIC AWARENESS OF THE COMMUNITY, OR ANY OTHER PUBLIC PURPOSE PERMITTED BY LAW, THE PROPERTY SHALL REVERT BACK TO THE COUNTY. THE HEARING IS PURSUANT TO VIRGINIA CODE SECTION 15.2 -1800 AND THE PURPOSE OF THE HEARING IS TO RECEIVE PUBLIC COMMENTS ON THE DECLARATION OF THE INDICATED PROPER'T'Y OWNED BY THE COUNTY AS SURPLUS AND APPROVAL OF THE SALE OF THE PROPERTY TO THE TOWN OF STEPHENS CITY,. VIRGINIA, _ , AND RELEASE OF THE REVERSIONARY CLAUSE PER THE TERMS OF A REAL ESTATE SALES CONTRACT DATED JUNE 4 2012. — RESOLUTION #010 -12 - APPROVED Assistant County Administrator Kris Tierney appeared before the Board regarding this item. He advised the former Stephens City School property was declared surplus by the Frederick County School Board on August 16, 2011 and gifted to Frederick County on September 15, 2012. There is no viable use for the whole of the property and improvements. Frederick County advertised the sale of the property through an invitation for bids. The Town of Stephens City submitted the high bid. The Town's offer was conditioned on the elimination of the reversionary clause, which was part of the 2007 conveyance of the main Stephens City School building to the Town. The clause states: "The Grantee or its assigns, shall use, or permit the use of the above described property solely for public or community non -- commercial purposes as are intended for the benefit of the health, safety, welfare, education, recreation, cultural enlightenment, literacy, or civic awareness of the community, or any other public purpose permitted by law, and if the property ceases to be used for such purposes it shall revert back to the Grantor. " Assistant Administrator Tierney went on to say the sale of the property is contingent upon final approval of the terms and declaration of the property as surplus by the Board of Supervisors. He concluded by saying a resolution declaring the property surplus and approving the sale and termination of the reversionary clause is presented for the Board's consideration. Chairman Shiekle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Collins, the Board approved the resolution approving declaration as surplus and conveyance of property identified as parcel identification number 74AO3- A -I60A and 85 -A -58, comprising a portion of the former Stephens City School property, and approving release of the reversionary clause for property identified as Parcel Identification Number 74AO3 -A -160, comprising a portion of the former Stephens City School Property. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 WHEREAS, the County of Frederick, Virginia, is the owner of real property and improvements identified as Parcel Identification Numbers 74A03- A -160A and 85 -A -58 in the Town of Stephens City, Virginia, comprising a portion of the former Stephens City School property and containing a total of approximately two and three quarter (2.75) acres; and WHEREAS, the property was declared surplus by the Frederick County School Board on August 16, 2011, and gifted to Frederick County on September 15, 2011; and WHEREAS, having no viable use for the whole of the property and improvements, Frederick County advertised the sale of the property through an invitation for bids published on March 24, 2012, and again on March 31, 2012, in The Winchester Star; and WHEREAS, the Town of Stephens City submitted the high bid in response to the invitation for bids; and WHEREAS, the Town of Stephens City , as a condition of its bid, asked that the Board of Supervisors release the reversionary clause for the adjoining Old Stephens City School property, owned by the Town of Stephens City, comprised of approximately one and three tenths (1.3) acres and identified as Parcel Identification Number 74A03 -A -160, said reversionary clause providing that, should the Property cease to be used for public or community non - commercial purposes as are intended for the benefit of the health, safety, welfare, education, recreation, cultural enlightenment, literacy, or civic awareness of the community, or any other public purpose permitted by the law, the property shall revert back to the County, the County having previously conveyed the property to the Town of Stephens City; and WHEREAS, at their August 8, 2012 meeting, the Board of Supervisors conducted a public hearing on the declaration as surplus and conveyance of parcels 74A03- A -160A and 85- A-58 and on the release of the reversionary clause for parcel 74A03 -A -160. NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby declares the real property and improvements identified as property identification numbers 74A03= A -106A and 85 -A -58, to be surplus property and approves the sale of the property to the Town of Stephens City, per the terms of real estate sales contract dated June 4, 2012; and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors hereby authorizes the release of the reversionary clause for the adjoining Old Stephens City School Property, owned by the Town of Stephens City, comprised of approximately one and three tenths (1.3) acres, and identified as Parcel Identification Number 74A03 -A -160, per the terms of real estate sales contract dated June 4, 2012; and BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to take all actions and to execute all documents necessary to accomplish the objectives of this resolution. ADOPTED this 8 day of August, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent PLANNING COMMISSION BUSINESS PUBLIC HEARINGS Minute Book Number 38 Board of supervisors Regular Meeting of 0810$112 PUBLIC HEARING - CONDITOINAL USE PERMIT #10 -11 FOR JOSEPH RACEY, SR., AND AT &T MOBILITY, FOR A 199 FOOT MONOPOLE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 3392 BACK MOUNTAIN ROAD, AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 59 -A -6 IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a request for a conditional use permit to enable the construction of a 199 foot monopole telecommunications facility. The property is zoned RA (Rural Areas) District and located in the Back Creek Magisterial District. Zoning Administrator Cheran advised the Frederick County Historic Resources Advisory Board expressed concerns about the proposed location because it was near three identified structures on the landmark survey report. The Planning Commission conducted a public hearing on this item and there were no comments, The Commission discussed the HRAB's concerns at length and recommended the cabinet be screened. Zoning Administrator Cheran concluded by saying the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times.. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation: 5. In the event a telecommunications tower is not erected within (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modifications of this use will require a new Conditional Use Permit. Supervisor DeHaven asked if VDOT's issue had been addressed. Zoning Administrator Cheran responded they would be addressed at the site plan stage. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved Conditional Use Permit #10- 11 with the conditions as stated. Supervisor Fisher moved to amend the original motion to add the following condition: The tower be marked and lighted in accordance with the FAA Advisory Circular 7017460 -IK, Change 2, per the Winchester Regional Airport's request. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 a4® The motion to amend was seconded by Supervisor Spicer and 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 Absent The amended 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 Absent PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 144 SUBDIVISION OF LAND, ARTICLE V DESIGN STANDARDS, F4144.20 SEWER AND WATER SERVICE -- REVISION TO EXEMPT LOTS GREATER THAN 20 ACRES FROM THE INDIVIDUAL ON -LOT SYSTEMS REQUIREMENTS RAINFIELDS IN THE RA DISTRICT. - APPROVED Deputy Director of Planning Michael T. Ruddy appeared before the Board regarding this item. He advised that staff received a request to revise the drainfield requirements for parent tract lots that are a minimum of 20 acres in size. Currently, the Subdivision Ordinance requires all lots that are being subdivided to be provided with a drainfield and a 100% reserve area. This requirement was put into place when agricultural lots were deleted from the Zoning Ordinance in 2009 as part of the Rural Areas Study. This proposal was discussed by the Development Review and Regulations Committee and the changes were endorsed. The Planning Commission agreed with the proposed change and recommended this proposed amendment be forwarded to the Board of Supervisors. The Board expressed concern that the proposed amendment would create lots that could not be built on and the amendment could conflict with the Rural Areas Study, but ultimately decided to send the amendment forward for public hearing. The Planning Commission conducted its public hearing and recommended approval of the proposed amendment. Supervisor DeHaven asked if this proposal would eliminate or delay the health system requirement. Deputy Director Ruddy responded the requirement would be delayed until fiu subdivision. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08/12 041 Supervisor DeHaven expressed concern about creating a lot that could be transferred many times, but never built upon and creating a lot that could not be built upon because it could not accommodate a health system. Chairman Shickle convened the public hearing. Gary Oates, Stonewall District, advised that he had asked that this request be presented to the DRRC. He noted this was not something to circumvent the ordinance or create a loophole. This request had to do with the expense involved in creating a drainfield on a tract that might never be developed. There being no further comments, Chairman Shickle closed the public hearing. Chairman Shickle asked if this was the best way to address concerns if one supported the ordinance, but had concerns about what it would do elsewhere. Deputy Director Ruddy responded yes, this was a good approach and he though the RA (Rural Areas) Study addressed the other concerns. Chairman Shickle stated he had some doubts about whether or not the problem has been solved. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board approved the ordinance amending Frederick County Code Chapter 144 Subdivision of Land, Article V Design Standards, 144.20 Sewer and Water Service. WHEREAS, an ordinance to amend Chapter 144 Subdivision of Land to include a drainfield exemption for lots (parent tracts) that are 20 acres in size or greater and are part of a minor rural subdivision, was considered. WHEREAS, the Planning Commission held a public hearing on this ordinance on July 18, 2012; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on August 8, 2012; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 144 Subdivision of Land, Article V Design Standards, 144.20 Sewer and Water Service is amended to include a drainfield exemption for lots (parent tracts) that are 20 acres in size or greater and are part of a minor rural subdivision, in the Frederick County Zoning Ordinance. Chapter 144 — Subdivision of Land Article V Design Standards § 144.20. Sewer and water service. Minute Book Number 38 Board of Supervisors Regular Meeting of 08/08112 042 Generally, in the sewer and water service area designated by the Frederick County Comprehensive Plan or where public sewer and water is available, such service shall be extended by the developer to all lots within a subdivision and throughout the limits of the property to adjoining properties. Such facilities shall meet all regulations and specifications of the Frederick County Sanitation Authority or other applicable federal, state or local agencies. A. Central sewer or water systems. Any person proposing the construction of a central sewer or water facility shall obtain a written agreement with the Frederick County Sanitation Authority, prior to final subdivision plat approval, which states that said facility shall become the property of the Sanitation Authority. Such systems shall only be constructed if they are in conformance with the policies set forth in the Comprehensive Plan, B. Private sewage systems. Installation of privately owned sewage collection and treatment facilities shall meet all the requirements of the State Water Control Board, the Virginia Department of Health and any other state or local agencies having authority over such installations. Such facilities shall not be designated or utilized to serve more than one residence. C. Individual on -lot systems. The Subdivision Administrator shall not approve any subdivision where a public sanitary sewer system is not provided unless a written statement from the local health official is present to the effect that the area contained in each subdivided lot is satisfactory for the installation of an on -site sewage disposal system. These requirements shall not apply to a parent traet.that is part of a minor rural subdivision, so long as said parent tract remains a minimum of 20 acres after the suhdiyision. . This amendment shall be in effect on the day of adoption. Passed this S` day of August, 2012 by the following recorded vote: Richard C. Shicklc Nay Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Nay Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Absent OTHER PLANNING ITEMS DISCUSSION OF STONEWALL WAREHOUSING SITE PLAN (STONEWALL INDUSTRIAL PARK) — INFORMATION ONLY Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding this item. He advised this was a site plan for the Stonewall Warehousing site for review and information, which is being presented to the Board for information due to its potential impact on the planned route for Route 37. He concluded by saying no action on this plan is required. Supervisor Spicer asked how concrete the Route 37 right -of -way was. Planning Director Eric Lawrence responded that it had been adopted and would not deviate from the planned route. Chairman Shickle stated that it was safe to say that if the lot is sold and developed then the construction of Route 37 just got harder. Minute Book Number 38 Board of Supervisors Regular Meeting of 0$108112 1043 BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. 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. (8:15 P.M.) 4 Richard C. Shickle Chairman, Board of Supervisors J n It. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: Jay E. ifios Deputy Clerk, Board of Supervisors Minute Book Number 38 Board of Supervisors Regular Meeting of 08108/12