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HomeMy WebLinkAboutJuly 28 2010 Regular Meeting Minutes005 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, July 28, 2010, 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; Vice - Chairman Bill M. Ewing; Christopher E. Collins; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Phil Roby, Amazing Grace Fellowship Church, 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 he had no changes to the agenda. Upon a motion by Supervisor Dove, 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Resolution Re: Muscular Dystrophy Association Fill the Boot Campaign — Tab Q and - Public Works Committee Report — Tab F. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 W: Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Chairman Shickle recognized Boy Scout Troop #62 of Mount Pleasant Methodist Church, Winchester, and their scoutmaster James Williams, who were in attendance to observe the meeting as part of their citizenship badge requirement. MINUTES - APPROVED The minutes from the June 23, 2010 Regular Meeting were presented. Vice - Chairman Ewing advised that he would abstain from the vote because he was absent from the meeting. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the June 23, 2010 Regular Meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstain Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye The minutes from the July 7, 2010 Work Session were presented. Vice - Chairman Ewing and Supervisor Lofton advised they would abstain from the vote because they were absent from the meeting. Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the July 7, 2010 Work Session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Abstain Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Abstain COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF WHITNEY "WHIT" L. WAGNER TO THE BOARD OF Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 007 BUILDING APPEALS - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed Whitney "Whit" L. Wagner to the Board of Building Appeals. This is a five year appointment, said term to expire August 12, 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF TODD B. LODGE TO THE CONSERVATION EASEMENT AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board reappointed Todd B. Lodge to the Conservation Easement Authority. This is a three year appointment, said term to expire August 24, 2013 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye REAPPOINTMENT OF DR. NED M. CLELAND AS FREDERICK COUNTY REPRESENTATIVE TO . THE FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed Dr. Ned M. Cleland as Frederick County representative to the Frederick- Winchester Service Authority. This is a three year appointment, said term to expire August 31, 2013. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye CHERYL C. SWARTZ RECOMMENDED FOR REAPPOINTMENT AS COUNTY REPRESENTATIVE TO THE SHENANDOAH AREA AGENCY ON AGING - APPROVED Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28110 K 0 * Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board recommended Cheryl C. Swartz be reappointed as Frederick County representative to the Shenandoah Area Agency on Aging. This is a four year appointment, said term to expire September 30, 2014. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye RESOLUTION (#001-10)-RE: MUSCULAR DYSTROPHY ASSOCIATION FILL THE BOOT CAMPAIGN — APPROVED UNDER CONSENT AGENDA WHEREAS, each year the Frederick County Fire and Rescue Department supports the Greater Washington Muscular Dystrophy Association's (MDA's) Fill the Boot Campaign by collecting money from motorists in local intersections during the last week in August; and WHEREAS, in 2009 this group raised over $10,355 for the Greater Washington MDA; and WHEREAS, because of the public's generosity and support MDA researchers have recently developed a molecule that may reverse the progression of myotonic dystrophy, the most common form of muscular dystrophy, which puts us one step closer to finding a cure; and WHEREAS, this accomplishment would not have been possible without the amazing I l efforts of the Frederick County Fire and Rescue Department. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby thanks Frederick County Fire and Rescue Department personnel for all they do for the community and the MDA, not only during the Fill the Boot weekend, but throughout the year. BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors thanks all of the residents of Frederick County who show their support by making personal contributions to the MDA Fill the Boot Weekend. ADOPTED this 28 day of July, 2010. This item was approved under the consent agenda. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised the Commissioner of the Revenue requested authorization for the Treasurer to refund Ford Motor Credit Co. $2,559.28. This is for the normal proration of leased vehicles for 2009 and 2010. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the refund to Ford Motor Credit Co. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28110 I��• 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye Administrator Riley advised the Commissioner of the Revenue requested authorization for the Treasurer to refund General Electric Capital Corp. $8,867.54. This is for the proration of leased tractors and trailers improperly reported as having Frederick County situs by GE Capital for 2009 and 2010. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the refund to General Electric Capital Corp. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS LAKE HOLIDAY COUNTRY CLUB DAM WORKING COMMITTEE REPORT - APPROVED The LHSD Dam Working Committee met in the Public Works Department Conference Room located on the 2 nd floor of the 107 North Kent Street complex, on Tuesday, June 22, 2010 at 10:00 a.m., and again at a special meeting on Monday, July 12 at 8:00 a.m. in the same location. All members were present at both meetings. Action Items 1.) Referendum on Borrowing — (Attachment #1) — RESOLUTION ( #002 -10) APPROVED Based on a probable construction cost estimate prepared by the consulting engineer for LHCC (Black and Veatch) and refinement by County staff, the Committee is recommending that the Board adopt the attached resolution calling for the Circuit Court to place a referendum on borrowing for the required spillway replacement on the November, 2010 ballot. The engineer's estimated cost for construction is $9,300,000. The Committee anticipates other associated costs being included in the financing. These costs would include: acquisition of an easement and construction of a temporary access road, bond council, quality control and testing services during the construction phase, as well as County project management costs. Therefore, the Committee has recommended using a figure of ten million dollars for the purpose of the referendum. (Details of the engineer's construction cost estimate are included following the referendum.) Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 01C Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the Resolution Petitioning the Circuit Court of Frederick County to Place a Referendum on the November 2010 Ballot. WHEREAS, on the 29 of October, 2009 the Circuit Court of Frederick County created the Lake Holiday Sanitary District; and WHEREAS, on June 9 2010 The Lake Holiday Country Club, Inc. Board of Directors and the County of Frederick entered into an agreement regarding the purpose and direction of the Lake Holiday Sanitary District; and WHEREAS, said agreement set out a course of action designed to culminate with the reconstruction and financing of the spillway at the Lake Holiday Dam in accordance with requirements of the Virginia Department of Conservation and Recreation; and WHEREAS, repayment of the proposed financing is contemplated to be through the assessment of fees on the property owners within the Lake Holiday Sanitary District; and WHEREAS, the Code of Virginia requires that prior to incurring such a financial obligation the matter should be put to a vote of the qualified voters of the District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, hereby petitions the Circuit Court of Frederick County to enter an order requiring the officers of election to open a poll on November 2, 2010 and take the sense of the qualified voters of the District on the following question: Shall the Board of Supervisors of Frederick County, Virginia, on behalf of the Lake Holiday Sanitary District, contract a debt and issue bonds of the sanitary district, in the maximum amount of ten million dollars ($10,000,000) for the purpose of paying the costs, in whole or in part, of the reconstruction of the spillway of the Lake Holiday Dam (formerly known as the Summit Dam)? ADOPTED this 28 day of July, 2010. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 2.) Proposed assessment schedule for repayment of financing — RECOMMENDATION ACCEPTED The Committee unanimously supported a recommendation of the LHCC Board of Directors that a two tiered assessment be used for the purpose of determining payments on loan financing for the contemplated spillway renovation. The proposed assessment tiers are: 1) non- utility or "membership lots" (those without access to sewer and water services) would pay a 318 share of the full assessment charged to the buildable lots. This tiered ratio is consistent with LHCC membership fees. (Back -up materials are included as Attachment 42) Chairman Shickle expressed some reservations about this item, as the Board would be setting the assessment rate before there has even been a referendum. He asked if the Board could endorse the recommendation, but have it come back at a later date for final action. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28110 011 Assistant County Administrator Kris Tierney responded that any acceptance of the recommendation would be helpful to the committee. Upon a motion by Supervisor Dove, seconded by Supervisor Collins, the Board accepted the committee's recommendation. Supervisor Lofton expressed concern over the method of assessment because there seemed to be a lot of subjective inputs. He went on to say he would like to get an explanation as to why member lots are less than building lots. Assistant County Administrator Tierney advised the 3/8 share was consistent with the current fee structure at Lake Holiday. Supervisor Lofton stated his level of discomfort with this recommendation was high at this point. He reiterated his concerns with the subjectivity of the inputs and still questioned the 3/8 versus full -share methodology. Supervisor Fisher stated he was somewhat comfortable with this recommendation based on the matrix included in the agenda materials. There being no further discussion, 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Nay Informational Items Continued Discussion of Financing Alternatives Staff and the Committee continue to investigate the possible availability of financing based on County providing some type of "limited" moral obligation backing. Both the Virginia Resources Authority and VML/VACo Finance have now indicated this is a possibility. Interim Financing Staff is also exploring options for interim financing during the period of the spillway construction (assuming the application for USDA Rural Development funding is successful). PUBLIC WORKS COMMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works and Green Advisory Committees met on Tuesday, June 29, 2010 at 8:00 a.m. All members were present except Gary Dove. The following items were discussed: ** *Items Not Requiring Action * ** Minute Book Number 36 Board of Supervisors Regular Meeting of 07128/10 012 1. Closed Session A closed session was convened in accordance with the Code of Virginia §2.2 -3711 A (28) to review an unsolicited proposal for the design and construction of a new fire station to be located in the Shawnee Magisterial District. No action was taken after reconvening from the closed session. 2. Discussion of Proposed Back -up Generator and New HVAC Equipment for County IT Equipment The committee reviewed proposed bid documents for a back -up generator and new - HVAC equipment related to improving service for the existing IT computer system. Funding for this project has been approved by the board of supervisors. A motion was made and unanimously approved to advertise the project and return the bids to the committee for their final review and endorsement. (Attachment 1) 3. Energy Performance Contract Technical Audit The committee was presented with the results of the energy performance contract technical audit from Siemens. The committee determined it would benefit from more time to evaluate the proposal and to have the finance committee weigh in on the financial aspects of the proposal. Consequently, a motion was made and unanimously approved to table this issue until the finance committee has reviewed the funding options for this proposal. The public works committee will review the options at their next scheduled meeting in July. 4. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 2) b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) FINANCE COMMITTEE REPORT - APPROVED The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, July 21, 2010 at 8:00 a.m. Members Charles DeHaven and Stephen Swiger were absent. Items 1 and 3 were approved under the consent agenda. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the consent agenda.items 1 and 3 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 1. The Sheriff requests an FY 10 General Fund supplemental appropriation in the amount of $1,510.10 This amount represents donations for crime prevention and reimbursement to the DARE program. No local funds required. See attached memos, p. 1 -4. - APPROVED UNDER CONSENT AGENDA 2. The Sheriff requests an FY 11 General Fund supplemental appropriation in order to Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 013 carry forward unspent grant funds The appropriations will be the FY 10 remaining balances. No local funds required. See attached memos, p. 5 -7. Committee recommends postponement until final amounts are available. 3. The Public Safety Communications Director requests an FY 11 General Fund supplemental appropriation in the amount of $8,238.10 This amount represents a carry forward of Pictometry grant funds. No local funds needed. See attached memo, p. 8. — APPROVED UNDER CONSENT AGENDA 4. The Department of Social Services requests an FY 10 General Fund reverse appropriation in the amount of $307,121 and FY 10 General Fund budget transfers in the amount of $90,522 in order to bring the County budget in line with the State budget. No local funds required. See attached memo, p. 9 -10. The committee recommends approval. - APPROVED Upon a motion by Vice- Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 5. The Zoning Administrator requests an FY 11 Fund 27 supplemental appropriation in the amount of $93,000 This amount represents performance bonds submitted and will be used to complete roads in unfinished developments. No local funds required. See attached memo, p. 11. The committee recommends approval. - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye 6. The Green Advisory Committee requests discussion and direction on the ' Energy Performance Contracting project. See attached information, p. 12 -18. The committee recommends postponement awaiting information on project details. Information Only 1. The Finance Director provides the Fund 10 Transfer report. NOTE: this is a preliminary report; it is not the final year end report. See attached, p. 19 -28. 2. The Finance Director provides the June 2010 Unreserved Fund Balance report. NOTE: this is a preliminary report; it is not the final year end balance. See attached, p. 29. 3. The Youth Development Center sends a note of appreciation for the County's contribution. See attached, p. 30. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on June 28, 2010 at 8:30 a.m. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 014 Members Present Chuck DeHaven (voting) Gary Lofton (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 3. Fox Drive State Route Number - APPROVED Prior to the construction of Route 37, Fox Drive and Apple Pie Ridge Road were connected and shared the State Route number of 739. Even after the construction of Route 37 and associated relocation of Apple Pie Ridge Road, both roadways have continued to share Route number 739. At the request of citizens who have been inconvenienced by this, particularly for their out of town guests, a request was brought to VDOT to look into the renumbering of Fox Drive. This is an administrative change and VDOT has reserved Route number 766 for Fox Drive. On a motion by Mr. Racey that was seconded by Mr. Burleson, the Committee voted unanimously to recommend approval of the change. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the route number change for Fox Drive. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Route 522 South Draft Report Staff provided access to the Route 522 Draft Report that is being prepared by a consultant for the Metropolitan Planning Organization. Staff felt, and the Committee agreed, that the design recommendations for a significant section of the County- section of Route 522 were not in keeping with what Frederick County envisions for that area. In addition, it was noted that the modeling did not include the future Tevis Street intersection with Route 522. This lack puts a shadow over the results presented for the Airport Road intersection with Route 522. The Committee also asked for verification that traffic was routed over the Russell 150 Bridge. Staff is taking these comments to the MPO for resolution before presenting an updated draft. The draft documents are available at the County website on the front page of the planning and development department section, under Transportation. Should anyone on the Board desire to be provided with a paper copy, please contact staff and it will be provided. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 015 2. Comprehensive Plan Update Staff provided an update on the progress of the transportation component of the Comprehensive Plan. We have completed the process of holding stakeholder meetings with many groups as follows: Inland Port Law Enforcement (state and local) Economic Development Authority Regional Chamber of Commerce Top of Virginia Builders Association Industrial Parks Association Regional Airport Frederick County Schools Frederick County Fire and Rescue Virginia Department of Transportation In addition, GIS staff has updated the Eastern Road Plan map. Since the meeting, the rough draft has been submitted to the Comp, Plan Committee and staff continues to incorporate feedback from the various stakeholder groups. 4. Other PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF CONCERN HOTLINE — 11 ANNUAL FRIDAY FISH FRY CELEBRATION. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REQUIRED; APPLICATION, ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD FRIDAY, SEPTEMBER 3, 2010, 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 BARBARA GROVE. — APPROVED Administrator Riley advised this was a request from Concern Hotline for an outdoor festival permit for the Annual Fish Fry to be held on Friday, September 3, 2010 from 4:00 -9:00 p.m. at Grove's Harley Davidson. Chairman Shickle convened the public hearing. Shawn Hilleary, Vice - President for Concern Hotline, requested the Board grant this permit. He stated they have not had any issues in the past and this is the biggest fund raiser of the year. He concluded by saying they had to move from their prior location at the Our Health campus. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Fisher stated the applicant was expecting more people than in prior years and he had concerns about the number of toilet facilities being provided. Mr. Hilleary advised they would provide eight fixtures for 2,500 -3,000 people, which included indoor and portable facilities. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 016 Supervisor Fisher stated he did not believe that was a sufficient number. Supervisor Lofton stated he shared that concern as well. Mr. Hilleary advised that last year they provided three portable toilet facilities on site. Supervisor Lofton asked if an Emergency Medical Technician was going to be on site. Mr. Hilleary responded the group's president has spoken with Chief Welsh and he was willing to work with them to make that happen. With regard to the issue of adequate toilet facilities, Administrator Riley recommended the Health Department be contacted to see what the standard is to accommodate an event of this size. Supervisor Fisher responded that was a reasonable approach. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board approved the outdoor festival permit for Concern Hotline with staff to contact the Health Department regarding the appropriate number of toilet facilities. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BLUE FOX BILLIARDS BAR AND GRILL — 3 ANNUAL LABOR DAY WEEKEND CHARITY EVENT PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 C, PERMIT REQ UIRED; APPLICATION; ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY SEPTEMBER 4 2010 FROM 10.30 A.M. TO 9:00 P.M., ON THE GROUNDS OF BLUE FOX BILLIARDS, BAR & GRILL, 1160 MILLWOOD PIKE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY CONRAD COFFMAN. - APPROVED Administrator Riley advised this was a request from Blue Fox Billiards Bar and Grill for their 3` Annual Labor Day Weekend Charity Event to be held on September 4, 2010 from 10:30 a.m. to 9:00 p.m. on the grounds of Blue Fox Billiards at 1160 Millwood Pike. Conrad Coffman, owner of Blue Fox Billiards, appeared before the Board regarding this item. Supervisor Lofton asked about the plan for adequate medical facilities. Mr. Coffman responded those arrangements have already been made. He spoke with Scott Miller at Millwood Station, who advised he would coordinate volunteers. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 l� Supervisor Lofton asked if they had permission from the adjoining land owner to utilize their property for parking. Mr. Coffman responded he had written permission. Supervisor Lofton asked about lighting. Mr. Coffman responded the bands would end around 8:00 p.m. so there would be no need for extra lights. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Lofton asked Mr. Coffman what the proper number of toilet facilities were for his event. Mr. Coffman responded, according to the Johnny Blue salesman, four "buy three and get one free ". Upon a motion by Supervisor Fisher, seconded by Supervisor Dove, the Board approved the outdoor festival permit for Blue Fox Billiards. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS. THE PROPOSED AMENDMENTS WOULD MAKE THE ORDINANCE MORE CONSISTENT WITH TODAY'S PRACTICES REGARDING OUTDOOR FESTIVAL PERMITS. -APPROVED Administrator Riley advised this was a proposed amendment to Frederick County Code, Chapter 86, Festivals. The amendments would clarify and strengthen the festival permit section of the County Code. Changes include a provision for a deposit to cover any additional costs incurred by the County for emergency and public safety services, if needed. It also brings the ordinance into conformance with our normal practices. County Attorney Roderick Williams advised, in the draft, there was a fee provision to allow the County to recoup some of its advertising costs, but that was removed from the ordinance as the Committee felt the fee should be set out as a policy decision, which could be Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 F ell i amended periodically without requiring the ordinance to be amended. 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 Supervisor Fisher, the Board approved the ordinance amendment Chapter 86 (Festivals) of the Code of Frederick County, Virginia. WHEREAS, an amendment to Chapter 86 (Festivals) of the Code of Frederick County, Virginia was considered; and WHEREAS, the Code and Ordinance Committee recommended approval of this amendment at its meeting on June 16, 2010; and WHEREAS, the Board of Supervisors directed that a public hearing be held on approval of this amendment, after advertising and giving notice thereof; and WHEREAS, the Board of Supervisors held a public hearing on approval of this amendment on July 28, 2010, after advertising and giving notice thereof; and WHEREAS, the Board of Supervisors finds that adoption of this amendment is in the interest of promoting the health, safety, and welfare of the citizens of Frederick County, Virginia; THEREFORE, Be It Ordained by the Board of Supervisors that Chapter 86 (Festivals) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Chapter 86 (Festivals) of the Code of Frederick County, Virginia, as reflected on the attached pages, and to take effect immediately. Enacted this 28`" day of July, 2010. Chapter 86, FESTIVALS § 86 -1. Purpose. This chapter is enacted pursuant to § 15.2 -1200 of the Code of Virginia., in the interests of the public health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing necessary regulation for the conducting of musical or entertainment festivals conducted * outdoors not within an enclosed structure and of any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors not within an enclosed structure in , inhabitants of the Goun�y. § 86 -2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "BOARD" -- The Board of Supervisors of the County. I "MUSICAL OR ENTERTAINMENT FESTIVALS" OR "FESTIVAL" -- Any gathering of groups-er than 100 individuals or of a commercial nature if either is for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted 2,es outdoors, not within an enclosed structure. Such activities shall be Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 019 deemed commercial when a business license is obtained or is required to be obtained, or, if a business license is not required when a charge is imposed for admission to or in connection with the activity. § 86 -3. Permit required; application; issuance or denial fee A. No person, g ropp, firm, corporation,,--of partnership or entity shall stage, promote or conduct any musical or entertainment festival in the unincorporated areas of the County unless there shall have been first obtained from the Board a outdoor festival permit for such festival. B. An a Applications for such speeial enteftaimaaefA outdoor festival permits shall be in writing, on the forms provided for said the purpose,, and filed in duplicate with the Clerk of the Board at least 24-30 days before the date of such festival. Such application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by 1 eh tier shill b sent b e fti ea :1 by th Cle t„ a 1, this chapter. � + -� � "e C. The Board shall act on such application Het 14e tl, , p at the, next scheduled regular meeting of the Board - oftipefisefs, provided that the application has been on file with the Clerk to the Board and duly advertised for public hearing pursuant to §§ 15.2 -1426 and 15.2- 1427 of the Code of Virginia, 1950, as amended and all a dj e :n" g pfe pefty s h ave bee netife. If granted, the permit shall be issued in writing, on a- letter or other form for said the purpose., and mailed by the Clerk to the applicant at the address indicated in the application If denied, the refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Clerk to the applicant at the address indicated. D. Twelve -Month Permits. 1. Eligibility.. The Board may issue a twelve- month permit under this section for multiple commercial festivals at a site which is the subject of an approved site plan and has at least once previously been granted a permit pursuant to the provisions of this chapter and satisfactorily complied with the requirements of this chapter with respect to the festival that was the subject of that permit. 2 Application An application for a twelve -month permit shall be considered according to the provisions of � 86 -3 except that the application need not contain the information described in § 86 -5, provided sueh the following information is submitted to the County Administrator's Office at least 24-7 dais prior to each festival or event, or as soon thereafter as such information becomes available: date and time of the festival and anticipated number of attendees. If such information is not submitted, the twelve - month permit shall be null and void as to that particular festival or event. 3. Duration. Twelve -month permits shall be issued for the period January December 31 of the same calendar year, except that, when the application is filed after January 1, the permit shall be effective from the date issued until December 31 of that same y ear. 4. Limitations. In granting a twelve -month permit under this subsection, the Board may limit the number of festivals that the applicant may conduct during the period covered by the twelve -month permit and the Board may also impose such other restrictions, including but not limited to restrictions on number of attendees at each festival, days and dates of festivals, and times of festivals, and deposit requirements, as the Board deems appropriate. E. Each application for an outdoor festival permit shall be subject to a fee in an amount set by the Board, payable at the time of filing with the Clerk of the Board, to cover the cost of advertising and administrative expenses in connection with the Board's review of the qpplication. F. This section does not apply to an entertainment or music festival in a facility managed by the Frederick County Parks and Recreation Department provided that the festival complies with Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 02 all requirements of the Frederick County Parks and Recreation Department. § 86 -4. Deposit required. As a condition to issuance of a permit, the Board may require the applicant to make a deposit with the county treasurer to pay for the cost of additional county services necessary to meet the requirements of the plans submitted with the application and necessary to protect the health, safety, and welfare of the citizens of this county. Such additional county services means any additional county personnel in excess of those regularly available to the music or entertainment festival and may include, but shall not be limited to, additional law enforcement officers for crowd control, traffic control and parking; additional firefighters for fire protection during the festival; and any additional medical or sanitation officers necessary to protect the health, safety and welfare of the persons attending L the festival. The actual cost of such additional services shall be paid to the county out of the deposit, and the difference, if any, shall be refunded to the applicant within 30 days after the festival. Nothing herein limits such rights as the county may otherwise have under applicable law to seek recovery of damages from the applicant or such other persons responsible for costs and /or damages incurred by the county as a result of the festival or otherwise, in amounts in excess of the deposit and nothing herein obligates the county to provide any of the additional county services set forth herein. dep osit an § 86 -5. Conditions to be met; required submissions. A. Such outdoor festival permit shall not be issued unless the following eenditions afe Met a d-the following documents, information, plans, statements, and approvals are submitted to the Board with the application and the applicant agrees to comply with conditions reflecting the same A.(34 ^ statem ° 444 location of the proposed- festival as well as ; the name and address of the ownero of the property on which such festival is to be held and th n twjr° and interest of the applieai t therein The applicant may be required to obtain and submit a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival. B.(2} ^ statement-of-Ow-The name and address of the promoters) of the festival and the financial baElctg- backers of the festival_ C. the - The names of all persons or groups who will perform at such festival. It may be necessary �pplement or update this information as performers are booked. D.(-1 } to -i-t -a A copy of the ticket or badge of admission to the festival, containing the date or dates and time or times of such festival_ E _, together- ^ statement- by-the applicant °ftThe name, date(s), and times of the festival, the fetal- maximum number of tickets to be offered for sale for each day of the festival, and the best reasonable estimate by the applicant of the number of persons expected to be in attendance for each day of the festival F.(4) A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. This plan shall- must meet the requirements of all state and local statutes, ordinances and regulations, and shall - must be approved by the Gat ty Health Offiee Virginia Department of Health (Lord Fairfax Health District) G.(-5) A plan for providing food, water and lodging for the persons at the festival. This plan shall must meet the requirements of all state and local statutes, ordinances and regulations, and shall must be approved by the CoupAy Health O ffieer- Virginia Department of Health (Lord Fairfax Health District) H.(6) A plan for adequate emergency medical service medical f °:ut;°s for persons at the festival designating by name the rescue squad or commercial ambulance service to be made Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 021 available This plan must meet the requirements of all state and local statutes ordinances and - egulations, and must be approved by the fire chief of the county and the local fire and rescue - ompany [_(&) A plan for adequate fire protection. This plan shall - must meet the requirements of all state axed local statutes, ordinances and regulations, and shall- - must be approved by the Sta te Waken -ef- County Fire Marshal and the local fire and rescue company J_.q4 A plan for or a diagram indicating adequate parking facilities and traffic control in and around the festival area. K.( -9) A statement specifying whether any outdoor lights or lighting is-t will be utilized and, if outdoor lights or lighting will be utilized a plan or diagram showing the location of such lights and their proximity relative to the property boundaries and neighboring properties, -and the shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. L A statement that no music shall be played either by mechanical device or live performance in such a manner that the sound emanating therefrom exceeds 6-5-73 decibels at t� any property line of the property on which the festival is located. LM A statement specifying whether alcoholic beverages will be served, and if alcoholic beverages will be served provide evidence of any aplicable Virginia Alcoholic Beverage Control Board permit which permit shall also be displayed at the festival. (10) A siatement thM no mosie shall be played, either- by ffieehanieal deviee or live pe in sueh a mamer- that the setmd emanming therefrom shall be tiny-easenably audible B. The Board shall have the right to fevoke any petzmit issued tifider- this e a-�F— tjoneem p1janee with any of its pr-evi-sions and eendifiens. § 86 -6. Time Liimit on music and entertainment. A. Music shall not be rendered nor entertainment provided for more than eight hhours in any twenty -four 24 -hour period, such twenty -four 24 -hour period to be measured from the beginning of the first performance at the festival. B Music shall not be played either by mechanical device or live performance in such a manne that the sound emanating therefrom exceeds X73 decibels at any property_hne of the property on which the festival is located. § 86 -7. Age limit for admittance. No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. It may necessar y to post sig to this effect. § 86 -8. Enforcement; revocation 161 iestivat is ocui m uliiu uL µ a. .... -- __ -- of the County ordinance. B The Chief Building official and/or h is agen eshd cite and all e p r trical and te installations power sources and electrical wiring at such site. noncompliance with anY of its provisions and conditions. Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 U22 D. In addition to any penalties imposed on the violation of any provision of this chapter, the Board may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of this chapter. § 86 -9. Violations and penalties. Any person, 7rg oup, firm or corporation who shall violates any of the provisions of this chapter shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS COMPREHENSIVE POLICY PLAN AMENDMENT REVIEW: CPPA #01 -10 TASKER WOODS, WORK SESSION DIRECTION — SENT FORWARD FOR MORE STUDY Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a follow up to the Board's work session on the Tasker Woods Comprehensive Policy Plan Amendment CPPA #01 -10. He noted it was the Board's consensus that this application deserved additional study. Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board recommended moving forward with additional study of CPPA #01 -10. 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 Gary W. Dove Aye Gene E. Fisher Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Supervisor Fisher reported on the Conservation Easement Authority's funding raising effort G 1 FT — Give $1 for Frederick's Tomorrow. Staff prepared a memo about the program and distributed it to the Board. CITIZEN COMMENTS Phil Roby, Stonewall District, spoke about the various music festivals /events he had been involved in and he hoped the Board would have the discretion to waive any fees associated Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10 102 with a festival permit for charity events, if they saw fit. BOARD OF SUPERVISORS COMMENTS Supervisor Dove advised that Esther Boyd passed away today and he would like to see the Board do a resolution to present to the family. Administrator Riley responded staff would have one prepared. Chairman Shickle reminded everyone of the Board's Community Forum to be held on August 2, 2010 in Star Tannery. He thanked staff for preparing the PowerPoint presentation. ADJOURN UPON A MOTION BY VICE - CHAIRMAN EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:30 P.M.) Richard C. Shickle 0y R. Riley, Jr. Chairman, Board of Supervisors Jerk, Board of Supervisors Minutes Prepared By: Jay E I'Ti66 s Deputy Clerk, Board of Supervisors Minute Book Number 36 Board of Supervisors Regular Meeting of 07/28/10