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April 26 2017 Closed Session and Regular Meeting Minutes361 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, April 26, 2017, beginning at 6:15 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice -Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann -Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors convened in closed session pursuant to Section 2.2-3711 A (5) of the Code of Virginia, 1950, as Amended, for discussion concerning the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in expanding its facilities in the community. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Ewing, the Board of Supervisors came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Dunn, the Board certified that to the best of each Board Member's knowledge only discussion concerning a prospective business or industry, or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's interest in locating or Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 362 expanding its facilities in the community, pursuant to Section 2.2-3711 A (5) of the Code of Vir inia 1950, as amended, was discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A, Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Chairman DeHaven announced the Board would recess until its 7:00 P.M. regular meeting. REGULAR MEETING - CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Reverend Mark Carey, Fellowship Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA —APPROVED AS AMENDED County Administrator Brenda Garton stated that item numbers 2 and 3 under the Minutes needed to be removed from the Consent Agenda as all Board members were not present at those meetings. She further stated the Stephens City Fire and Rescue proffer funds request that was previously postponed and referred to the Public Safety Committee, be added to the Finance Committee Report. Upon a motion made by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the agenda as amended by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, the Board approved the following items under the consent agenda: - Minutes —Regular Meeting of March 22, 2.017 -Tab Al; Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04l26l17 County of Frederick, Virginia 363 - Memorandum Re: Request to Set Schedule for Board Meetings During Summer Months and for November and December, 2017 — Tab E; - Board Vision 2036 and Strategic Priorities —Strategic Work Plan -Tab F; - Parks and Recreation Commission Report - Tab G. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A, Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. agenda. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED The minutes of the Regular Meeting of March 22, 2017 were approved under the consent Upon a motion made by Supervisor Slaughter, seconded by Vice Chairman Fisher, the minutes of the Work Session with the Economic Development Authority of March 30, 2017 were approved. The above motion was approved by the following recorded vote: Charles S..DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion made by Supervisor Ewing, seconded by Supervisor Dunn, the minutes of the Retreat with the Sanitation Authority of March 30, 2017 were approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye COUNTY OFFICIALS Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26117 County of Frederick, Virginia 364 EMPLOYEE OF THE MONTH AWARD PRESENTED TO JUDY L. MYERS — (RESOLUTION #072-17) — APPROVED Upon a motion made by Supervisor Dunn, seconded by Supervisor Slaughter, the resolution for Employee of the Month for Judy L. Myers was approved. Employee of the Month Resolution Awarded to. - Judy L. Myers 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 upon recommendation by the Human Resources Committee selects one employee from those nominated; and, WHEREAS, Judy L. Myers who serves as an Animal Caretaker with the Frederick County Esther Boyd Animal Shelter was nominated for employee of the Month; and, WHEREAS, Judy L. Myers went the extra mile to provide exceptional customer service to a concerned citizen when they called about "Buddy", an older dog they had recently adopted from the shelter. Buddy was not eating, depressed and was afraid to go outside after getting a shock from invisible fencing. Judy was familiar with Buddy, because she was his caretaker since he first arrived at the shelter, nearly emaciated from a resolved court case. Thanks to a special diet and Judy's care, Buddy was healthy and "Fluffy" and ready for adoption. Judy's concern for Buddy and the family that adopted him motivated her to visit their home to provide advice and help with Buddy's adjustment. Buddy perked right up when he saw Judy and by the end of the visit, Buddy was eating and felt comfortable going back into the yard. Buddy is happy, healthy and has adjusted well to his new home and family; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 26th day of April, 2017, that Judy L Myers is hereby recognized as the Frederick County Employee of the Month for May 2017; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Judy L. Myers for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Judy L. Myers is hereby entitled to all of and privileges associated with his award. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye COMMITTEE APPOINTMENTS J. RHODES MARSTON REAPPOINTED TO THE FREDERICK COUNTY PLANNING COMMISSION AS REPRESENTATIVE FROM BACK CREEK DISTRICT - APPROVED Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 365 Upon a motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, J. Rhodes Marston was reappointed to the Frederick County Planning Commission as a representative from Back Creek District, for a four year term, said term to commence June 12, 2017 and expire June 12, 2021. 'The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye M. FRANK HEISEY REAPPOINTED TO THE FREDERICK COUNTY SOCIAL SERVICES BOARD AS REPRESENTATIVE FROM GAINESBORO DISTRICT - APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Lofton, M. Frank Heisey was reappointed to the Frederick County Social Services Board as a representative from Gainesboro District, for a four year term, said term to commence July 1, 2017 and expire June 30, 2021. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Garton reviewed the following requests from the Commissioner of the Revenue to authorize the Treasurer to refund: 1. Ferguson Enterprises, Inc. in the amount of $3,172.80 for adjustment of business license taxes from 2014 through first half of 2017. This refund resulted from reclassification of business license taxes. This refund is for the Treasurer to apply against current billings as the total billings are in excess of the refund amount. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above refund request and supplemental appropriation was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. Undisclosed Taxpayer — Disabled Veteran's Relief in the amount of $3,338.56 from 2011 through 2016 for real estate taxes, based on proper filing proof of 100% permanent and total disability directly due to military service as required under the Virginia Code change as a result of the Constitutional amendment that took effect for 2011. The Constitutional amendment and the enabling legislation automatically make qualifying property exempt as of that date for a veteran whose disability rating occurs prior to that date. Taxpayer's name cannot be made public because of applicable legal requirements as to privacy, but is known to the Commissioner and the Treasurer on a confidential basis. Upon a motion made by Supervisor Lofton, seconded by Supervisor Slaughter, the above refund request and supplemental appropriation was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye MEMORANDUM RE: REQUEST TO SET SCHEDULE FOR BOARD MEETINGS DURING SUMMER MONTHS AND FOR NOVEMBER AND DECEMBER 2017. — APPROVED UNDER CONSENT AGENDA The Board of Supervisors canceled their summer meetings of June 28, July 26 and August 23, 2017 and the November 22, 2017 and December 27, 2017 meetings, due to the holidays, under the consent agenda. BOARD VISION 2036 AND STRATEGIC PRIORITIES — STRATEGIC WORK PLAN - APPROVED UNDER CONSENT AGENDA The Board Vision 2036 and Strategic Priorities — Strategic Work Plan, as prepared by County Administrator Brenda Garton, was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on April 11, 2017. Members present were: Randy Carter, Christopher Fordney, Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Guss Morrison, Charles Sandy, Jr., Amy Strosnider and Robert Wells (Board of Supervisors' Non -Voting Liaison). Items Repuirine Board of Supervisors Action: None Submitted for Board Information Oniv: 1. Building and Grounds Committee -Frederick Heights - The Building and Grounds Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04126/17 County of Frederick, Virginia Committee recommended to request $197,000 from the Parks and Recreation proffer funds for the development of Frederick Heights Park, subject to the project funding status in the FY18 budget, second by Mr. Fordney, motion carried unanimously (8-0). Request will be forwarded to the Finance Committee for review at their next meeting. 2. Building and Grounds Committee- Rose Hill Park Playground - The Building and Grounds Committee recommended to request $68,577 from the Parks and Recreation proffer funds and $21,200 to be transferred from donation revenue to capital expenditure for the installation of a playground at Rose Hill Park, subject to the project funding status in the FYI budget, second by Ms. Strosnider, motion carried unanimously (8-0). Request will be forwarded to the Finance Committee for review at their next meeting. HUMAN RESOURCES COMMITTEE REPORT - APPROVED Supervisor Ewing presented the Human Resources Committee Report. The HR Committee met in the First Floor Conference Room at 107 North Kent Street at 8:00 a.m. on Friday, April 14, 2017. HR Committee members present were: Supervisors Bill Ewing, Chairman; and Blaine Dunn; Citizen Members Don Butler and Dorric Greene. Others present were: Brenda Garton, County Administrator; DeLois Blevins, HR Manager; and Tamara Green, Director of Frederick County Department of Social Services. ***Items Requiring Board Action*** 1. Employee of the Month May 2017 - Approved Earlier in the Meeting The Committee reviewed the attached employee of the month for May. Upon a motion by Don Butler, seconded by Dorrie Greene, the Committee recommended approval; the motion was approved unanimously. 2. Department of Social Services Director Request for New Positions - Approved to Add to the Allocation List and Forward to Finance Committee for Funding The Committee considered a request from Tamara Green, DSS Director, for two full-time Family Services Specialist positions. Tamara also shared with the committee additional information about the departments' services and workload as a result of substance -exposed infants in our locality. After discussion and upon a motion by Don Butler, seconded by Blaine Dunn, the Committee unanimously agreed to recommend approval of the two positions to the Board of Supervisors. Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, the above request was approved to add to the Allocation List and forward to the Finance Committee for funding. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye ***Items Not Requiring Action*** 1. Mr. Ewing asked Ms. Brenda Garton to talk with Mr, Charles DeHaven, Jr., Chairman -At -Large, to see if there would be time at an upcoming Board of Supervisors work Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia session to have Ms. Tamara Green, DSS Director, make a presentation about the drug problem in the area and the impact on services. 2. Mr. Ewing asked Human Resources to develop and present to the HR Committee a process by which employees, retiring from Frederick County, with a certain number of years of service, be recognized with a resolution by the Board. 'There being no further business, the meeting was adjourned. The next HR Committee meeting is scheduled for Friday, May 12, 2017 at 8:00 a.m. FINANCE COMMITTEE REPORT - APPROVED Supervisor Slaughter presented the Finance Committee Report. A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 19, 2017 at 8:00 a.m. All members were present, Item 3 was approved under consent agenda. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Ewing, Item 3 was approved under the consent agenda. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 1. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $89 777 to install a playground at Rose Hill Park. Of this amount, $68,577 are proffer funds and $21,200 are funds received from the Glass -Glenn Burnie Foundation. See attached memo, p. 3. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 2. The Parks and Recreation Director requests a _General Fund sup lleernental appropriation in the amount of $197 000 of proffer funds to design and install parking and a trail at Frederick Heights Park. See attached memo, p. 4. The committee took no action. — Referred Back to the Finance Committee Upon a motion made by Supervisor Slaughter, this request was sent back to the Finance Committee for more information and recommendation. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 369 Supervisor Ewing seconded the motion. Supervisor Dunn stated this is a neighborhood park that is now not usable. He further stated it is a good park and needs to be upgraded. Supervisor Ewing asked when this would come back to the Finance Committee. Supervisor Slaughter stated at the next meeting. The above motion to send back to the Finance Committee was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $6,654.27. This amount represents prisoner extradition reimbursements. No local funds required. See attached memo, p. 5. — Approved Under Consent Agenda 4. The Voter Registrar requests a General Fund supplemental appropriation in the amount of $49,551.70. This amount represents funds required for the June Democratic and Republican Primaries. Local funds are required. See attached memo, p. 6 — 7. The committee recommends approval. - Approved Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the above request was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye 5. Stephens City Fire and Rescue Company requests a General Fund supplemental appropriation in the amount of $224,105.51. This amount is a request for proffer funds for a proposed ancillary building project. The committee recommends approval. - Approved Vice Chairman Fisher stated this item was referred to the Public Safety Committee at the Board of Supervisors meeting of March 22, 2017. He stated the Public Safety Committee met on April 20, 2017 and found no issues. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above request was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 370 Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Information Only 1. The Finance Director provides a Fund 10 Transfer Report for March 2017. See attached, p. 8. 2. The Finance Director provides an FY 2016 Fund Balance Report ending April 13, 2017. See attached, p. 9. 3. The Finance Director provides financial statements for the month ending March 31, 2017. See attached, p. 10 — 20. 4. The current Proffer Policy is provided. See attached, p. 21. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF OPEQUON PRESBYTERIAN CHURCH - OPEOUON ON THE LAWN. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86-3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 20, 2017 FROM 10:00 A.M. - 6:00 P.M., ON THE GROUNDS OF OPEOUON PRESBYTERIAN CHURCH, 217 CHURCH LANE WINCHESTER VIRGINIA BACK CREEK MAGISTERIAL DISTRICT. PROPERTY OWNED BY OPE UON PRESBYTERIAN CHURCH. - APPROVED Michael Butler appeared before the Board on behalf of this outdoor festival permit application and highlighted the mission's activities. He stated that he talked with the retirement community; there would be no alcohol and no admission fee. Chairman DeHaven convened the public hearing, There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Lofton, seconded by Supervisor Dunn, the above outdoor festival permit request of Opequon Presbyterian Church was approved. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - PROPOSED CONVEYANCE TO THE CLOWSER FOUNDATION OF A 99-YEAR LEASEHOLD INTEREST IN A 18 436.3 Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 371 SQUARE FOOT AREA INCLUDING THE IMPROVEMENT THEREON (ALSO KNOWN AS THE CLOWSER HOUSE OR THE SHAWNEELAND COUNCIL HOUSE) WITHIN PROPERTY OWNED BY FREDERICK COUNTY, LOCATED AT 152 TOMAHAWK TRAIL TAX PARCEL NUMBER 49AO2-2-F IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED Public Works Director Joe Wilder presented the leasehold agreement request. He stated the Clowser Foundation wanted to save the Council House due to its historical significance. He stated the Clowser Foundation, the Shawneeland Advisory Committee and staff had met to discuss options and stated the 99 year leasehold interest in the Council House and a surrounding 18,436.3 square foot area to the Council House provided the answer. He further stated the Clowser Foundation will undertake the repairs to the Council House and will bear responsibility for labor and costs of repairs and maintenance to the buildings and grounds. He thanked everyone that had been involved in this endeavor; the Board of Supervisors, the Public Works Committee, staff, the Clowser Foundation and citizens. Chairman DeHaven convened the public hearing. Patsy Gochenour, Red Bud District, appeared before the Board and asked how you measure time; everyone should embrace time and that the Clowser family has stood the test of time. She asked for a positive vote on the 99 year lease. Anna Campbell, Back Creek District, appeared before the Board in support of this request and stated she was glad to see this concluding. Patty Artow, Back Creek District and Shawneeland resident, appeared before the Board and stated she was in support of this lease for historical purposes. Larry Allen Clowser Webb, with the Clowser Foundation, appeared before the Board and stated they had received a letter from the IRS for the 5013C designation for the organization and thanked the Board of Supervisors for their help. Dody Stottlemyer, Shawnee District, appeared before the Board and stated that she had followed this journey and asked for approval of this request. Ruth Perrine, Back Creek District and resident of Shawneeland, addressed the Board and asked for approval. Gretchen Coffey, Back Creek District, appeared before the Board and stated that people in the area are interested in history and asked for a favorable vote. There were no further comments. Chairman DeHaven closed the public hearing. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 372, Upon a motion made by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the 99 year leasehold agreement. Supervisor Lofton thanked everyone for coming together and working to find a solution. Vice Chairman Fisher stated there is so much negative in the world and he appreciated the citizens, the Clowser Foundation and everyone involved that sat down and talked civilly to come to an agreement. Supervisor Dunn stated there was a possibility of this house being torn down and thanked Josh Janny with the Winchester Star for his article on the history of this house. He stated all the comments received helped and he thanked everyone involved. LEASE AGREEMENT This Lease, made and dated on this the___ day of _ 2017, by and between the COUNTY OF FREDERJCK, VIRGINIA, a political subdivision of Virginia, the Lessor (COUNTY), and the CLOWSER FOUNDATION, a Virginia non - stock corporation, Lessee (FOUNDATION). WITNESSETH: That for and in consideration of the mutual covenants and agreements mentioned here to be kept and performed by the Lessor and Lessee, the parties do hereby agree as follows: 1. The COUNTY does hereby devise and lease to the FOUNDATION all those certain lots or parcels of real estate, and all improvements and fixtures thereon, lying and being situate in the Back Creek Magisterial District, comprised of approximately 18,436.3 square feet, as more particularly shown on the diagrams attached hereto (PREMISES). 2. The term of this lease shall be for a period of ninety-nine (99) years. The term of the lease shall be renewable at the mutual agreement of the parties at the end of the expiration of the Lease. 3. RENT: During the first term of this Lease, the FOUNDATION shall pay to the COUNTY the rent of $99.00, or $1.00 per year, with the total of $99.00 being payable in advance, within sixty (60) days of the signing of the instant Lease. 4. DELIVERY OF POSSESSION TO THE LESSEE: The COUNTY hereby covenants and agrees that the FOUNDATION shall and may at all times peaceably and quietly have, hold, and enjoy the PREMISES during the term of this Lease. The COUNTY hereby covenants that the COUNTY owns the PREMISES. 5. It is expressly understood that the Clowser House, located on the PREMISES, is presently in a substantial state of disrepair. As a part of the consideration herefor, the FOUNDATION shall immediately undertake to reasonably secure the Clowser House against further deterioration, disrepair, and vandalism, and shall, within a reasonable time, not to exceed 365 days, repair and improve such building to a structurally stable condition, and maintain the Clowser House in a like condition throughout the remainder of the term of this Lease. All costs of preservation, repair, improvement, and maintenance of the Clowser House and utilities, amenities, and other expenses resulting from or relating to any use thereof shall be the sole responsibility of the FOUNDATION, and no payment or contribution by, or on behalf of, the COUNTY and/or Shawnee land Sanitary District shall be made or required for the same. The FOUNDATION agrees to indemnify and hold harm less the COUNTY and Shawneeland Sanitary District as to any liability for payment of such expenses. At the termination of this Lease, all improvements made to or erected on the PREMISES shall revert to the COUNTY, and shall be free from any encumbrance at the time of such reversion. Upon termination of Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 373 this Lease, no payment for, or contribution, shall be required or demanded from the COUNTY and/or Shawnee land Sanitary District for any increased value of the PREMISES resulting from the FOUNDATION'S obligations hereunder to preserve, improve, or maintain the Clowser House. 6. OCCUPANCY AND USE: The FOUNDATION shall use the PREMISES solely for such 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. The FOUNDATION shall not use the PREMISES for yard sales or for the conduct of other sales of goods or food items for use or consumption off -premises. All parking for the PREMISES shall be in the adjacent parking lot or, if necessary, in designated overflow parking areas. No archaeological digging on the PREMISES shall be permitted without prior written consent from the COUNTY. Written notice of any such application or request shall be given by the COUNTY to the Shawneeland Sanitary District Advisory Committee so that it may provide comments on such application. With specific respect to the Clowser House, the FOUNDATION shall only permit its use as follows and in no other manner and for no other use: 1.) as a historical landmark with public access only to the exterior (for viewing purposes); 2.) for storage of materials needed at the site and accessed only at a very low frequency; and 3.) for interior access by appointment only for maintenance and inspection. The FOUNDATION shall indemnify and hold harmless the COUNTY and Shawneeland Sanitary District as to any liability, injury, or damage to any person or property as a result oftheir use ofthe Clowser House other than as permitted hereunder. 7. INSURANCE: The FOUNDATION acknowledges that it must secure its own insurance policy as to the contents and improvements to the PREMISES and that it must secure commercial general liability insurance, with coverage of not less than $1,000,000 per occurrence, for its operation of the PREMISES. Any insurance required of the FOUNDATION hereunder shall be primary coverage and shall endorse the COUNTY as an additional insured. The FOUNDATION also assumes liability for injury or damage to the person or properly of any person as the result of the use of the PREMISES or the condition thereof from the date of possession of the PREMISES and continuing throughout the term of the Lease. The FOUNDATION shall indemnify and hold harmless the COUNTY and Shawneeland Sanitary District as to any liability, injury, or damage to any person or property as a result of their use of the PREMISES. 8. RIGHT OF PUBLIC ACCESS: The FOUNDATION shall allow access to the general public and to residents of Shawneeland for the purposes of ingress and egress to the exterior areas of the PREMISES, as a general community historic resource. 9. MAINTENANCE OF THE PROPERTY: The FOUNDATION shall be responsible for all labor and costs associated with the maintenance of the PREMISES, to include, but not limited to, mowing, regular repairs and any other maintenance costs associated with the PREMISES. 10. DEFAULT: Should the FOUNDATION fail to abide by any of its obligations under this Lease, the COUNTY may give written notice of default to the FOUNDATION. Should the FOUNDATION fail to cure the default within sixty (60) days of such written notice, the COUNTY may declare this Lease terminated and re -take possession of the PREMISES. Any written notice of default shall detail the terms of the Lease by which the FOUNDATION has failed to abide. Failure of the COUNTY to exercise this power on any one or more occasion shall not constitute waiver of the right to exercise this power upon further default. 11. COMPLETE AGREEMENT: This agreement as written constitutes the entire and complete understanding between the parties hereto and no representation, warranties, or promises not contained herein this document are in any way in effect between the parties, and this agreement may not be altered or changed except by written document signed by these parties. 12. GOVERNING LAW; VENUE: This Lease shall be governed by the laws of the Commonwealth of Virginia and any litigation arising out of or in connection with this Lease shall be brought only in the Circuit Court for Frederick County, Virginia. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 374, 13. This Lease was duly authorized and approved by resolution of the Board of Supervisors of Frederick County at a regularly scheduled meeting held on and was authorized to execute the same on behalf of the COUNTY. A copy of such resolution is attached hereto and incorporated herein by reference. Witness the following signatures this day of 2017. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT 903-17 FOR KELLEY AND ROBERT LUCKETT. FOR A COTTAGE OCCUPATION FOR AN IN HOME DAYCARE. THE PROPERTY IS LOCATED AT 211 REBECCA DRIVE WINCHESTER, VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 55G-5-1-19 IN THE RED BUD MAGISTERIAL DISTRICT. — (RESOLUTION #070-17) - APPROVED Zoning Administrator Mark Cheran appeared before the Board and presented this conditional use permit request. He stated this was a request for a conditional use permit for an in -home daycare facility within a single-family detached residence in the RP (Residential Performance) Zoning District. He further stated the Planning Commission recommended approval with conditions. Mrs. Luckett appeared before the Board on behalf of her request and stated she did not have anything to add. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Supervisor Ewing asked if there had been any complaints. Mr. Cheran replied no. Supervisor Ewing asked how many conditional use permits there are with 10-12 children. Mr. Cheran replied the code states someone can have 5 children without a permit and above that amount requires a permit. Supervisor Ewing stated he had a problem with this large of a business being in a residential neighborhood and they needed to look at this in the future. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 375 Supervisor Dunn stated he had been at the applicant's home and had not seen any impacts. He stated the pick-up times are staggered. Upon a motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, conditional use permit #03-17 of Kelley Luckett and Robert Luckett was approved. RESOLUTION CONDITIONAL USE PERMIT #03-17 KELLEY LUCKETT AND ROBERT LUCKETT WHEREAS, Conditional Use Permit #03-17 for an in -home daycare facility, submitted by Kelley and Robert Luckett, was considered. The Property is located at 211 Rebecca Drive, Winchester, Virginia and is further identified with Property Identification Number 55G-5-1- 19, in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 5, 2017, and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 26, 2017; and, WHEREAS, the Frederick County Board of Supervisors fords the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the. Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, .Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #03-17 for an in -home dayeare facility on the parcel identified by Property Identification Number 55G-5-1-19 with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p,m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. One cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #04-17 FOR Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 376 TRISHA SHANHOLTZ FOR A COTTAGE OCCUPATION FOR AN IN HOME DAYCARE. THE PROPERTY IS LOCATED AT 120 REFUGE CHURCH ROAD, STEPHENS CITY VIRGINIA AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 93-A-7D IN THE OPEOUON MAGISTERIAL DISTRICT. — (RESOLUTION #071-17) — APPROVED Zoning Administrator Mark Cheran appeared before the Board and presented this conditional use permit request. He stated this is a request for a conditional use permit for an in -home daycare facility within a single-family detached residence in the RA (Rural Areas) Zoning District. He stated a septic system has been installed and the applicant has received a permit from the Health Department. He further stated the Planning Commission recommended approval with conditions. Chairman DeHaven asked if the number of children, on more acreage, and only 1 employee, was related to the septic system issue. Mrs. Shanholtz appeared before the Board on behalf of her request and addressed the septic system issue and stated everything had been approved and she was only waiting on Board of Supervisors approval. Supervisor Dunn asked if she objected to 2 employees, that he would not object to adding an employee. Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Wells, seconded by Supervisor Dunn, conditional use permit 404-17 of Trisha Shanholtz was approved. Supervisor Dunn moved to amend the conditions to allow up to two employees. Supervisor Wells seconded the motion. The above amendment was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye RESOLUTION CONDITIONAL USE PERMIT #04-17 TRISHA SHANHOLTZ WHEREAS, Conditional Use Permit #04-17 Trisha Shanholtz for an in -home daycare facility, submitted by Trisha Shanholtz was considered. The Property is located at 120 Refuge Church Road, Stephens City, Virginia and is further identified with Property Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 377 Identification Number 93-A-7D, in the Opequon Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 5, 2017, and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 26, 2017; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #04-17 for an in -home daycare facility on the parcel identified by Property Identification Number 93-A-71) with the following conditions: vote: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. The Applicant shall apply for and install an approved septic system within one (1) year of approval date of this Conditional Use Permit. 5. This Conditional Use Permit shall be void and revoked if condition #4 is not implemented. 6. One cottage occupation sign is permitted. 7. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 8. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 9. Any expansion or change of use will require a new Conditional Use Permit, The above motion, with amended conditions, was approved by the following recorded Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS Supervisor Dunn stated the Handley Regional Library Board thanked County Administrator Brenda Garton and the Board of Supervisors for the appropriation in the budget. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia 378 Alan Morrison, Gainesboro District, addressed the Board and commended staff, the Board of Supervisors and citizens for the work on the Clowser House. He stated when citizens are included, a lot can be achieved. He stated people should look for other opportunities instead of expecting government to do everything. Ruth Perrine, Back Creek District and resident of Shawneeland, addressed the Board with reference to the Clowser House and stated she was thankful the journey was over and for the outcome. She thanked everyone that had been involved and said that she appreciated all of the hard work. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn thanked the Clowser Foundation and everyone involved and for the favorable resolution to the Clowser House issue. Supervisor Wells stated that he had recently attended the Sherando High School FFA Banquet and it was a great event. Vice Chairman Fisher stated that at the last Board meeting no action was taken on the proposed ordinance amendment regarding medical offices. He stated he had his questions answered and if the Board was in agreement, to place this back on the Board of Supervisors agenda. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR WELLS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (8:06 P.M.) v Charles S. DeHaven, Jr. Chairman, Board of Supervisors rends G. Garton Clerk, Board of Supervisors Minutes Prepared By: � rt yc s, Teresa J. Pri e Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 04/26/17 County of Frederick, Virginia