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HomeMy WebLinkAboutApril 11 2012 Regular Meeting MinutesA Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, April 11, 2012, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Bill M. Ewing; Gene E. Fisher; Gary A, Lofton; and Ross P. Spicer. INVOCATION Alfred Snapp, congregation member of New Hope Alliance 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 additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing ' Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the board's consideration under the consent agenda: - Memorandum Re: Closing of County Offices for Annual Apple Blossom Festival --- Tab D; - Technology Committee Report — Tab F; - Departmental Fiscal Year 2012 -2013 Annual Work Programs — Tab H; and - Road Resolution — Equestrian Estates — Tab M. Upon a motion by Vice- Chairman Ewing, seconded, by Supervisor Lofton, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Minute Book Number 37 Board of Supervisors Regular Meeting of 04 /11/12 6 Gene E. Fisher Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Spicer, the Board approved the minutes from the March 28, 2012 Regular Meeting by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COUNTY OFFICIALS PRESENTATION OF RESOLUTION HONORING MILLBROOK HIGH SCHOOL GIRLS' BASKETBALL TEAM The Board presented the Millbrook High Schools girls' basketball team with a resolution honoring their historic season to include a third consecutive state championship and setting the all -time Virginia record for consecutive wins by a girls' high school basketball team. ADOPTION OF FISCAL YEAR 2012 -2013 BUDGET (RESOLUTION 4051 -12) APPROVED Administrator Riley read the Fiscal Year 2012 -2013 Budget Resolution. Upon a motion by Vice Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the Fiscal Year 2012 -2013 Budget Resolution. WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 28, 2012, in accordance with Title 15.2, Chapter 25, Section 15.2- 2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2012 -2013 Fiscal Year as advertised in The Winchester Star on March 19, 2012, be hereby approved in the amount of $318,255,371. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2012 -2013 fiscal year be adopted as follows: General Operating Fund 127,184,304 Regional Jail Fund 17,3 80,185 Landfill Fund 8,226,180 Minute Book Number 37 Board of Supervisors Regular Meeting of 04111112 I. Division of Court Services Fund 588,809 Shawneeland Sanitary District Fund 766,702 Airport Operating Fund 3,159,728 School Operating Fund 131,906,999 School Debt Service Fund 14,923,651 School Capital Project Fund 367,115 School Cafeteria Fund 6,774,851 School Textbook Fund 2,295,277 NREP Operating Fund 4,615,470 NREP Textbook Fund 50,000 School Trust Funds 16,100 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2012 assessment year as follows: ■ 54 1 /2 cents per $100 of assessed value to be applied to real estate, including mobile homes ■ $4.86 per $100 of assessed value to be applied to personal property ■ $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department ■ i cent per $100 of assessed value to be applied to airplanes ■ Zero tax to be applied to antique vehicles ■ $2.00 per $100 of assessed value on declining values to be applied to machinery and tools. The declining values are 60% for year one, 50% for year two, 40% for year three and 30% for year four and all subsequent years.. ■ Contract classified vehicles and equipment will receive the rate of $2.00 on apportioned percentage of book values. The Business and Professional Occupational License rates are as follows: ■ contractors 16 cents per $100 of gross receipts ■ retail 20 cents per $100 of gross receipts ■ financial, real estate and professional services 58 cents per $100 of gross receipts ■ repair, personal and business services and all other business and occupations not specifically listed or exempted 36 cents per $100 of gross receipts ■ wholesale 5 cents per $100 of purchases ■ Meals tax at 4% of gross receipts ■ Transient Occupancy tax at 2% of gross receipts Minute Book Number 37 Board of Supervisors Regular Meeting of 04/11/12 County vehicle license are at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: ■ $45 per ton for commercial /industrial; ■ $42 per ton for construction demolition. debris; ■ $12 per ton for municipal waste ■ $24 per ton for municipal sludge. The Shawneeland Sanitary District taxes are as follows: ■ $180 Unimproved Lots w $530 Improved Lots The Lake Holiday Sanitary District taxes are as follows: ■ $678 Buildable Lots a $264 Unbuildable Lots Star Fort Subdivision Taxes/Fees are $60 Per Lot BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, consolidated services fund, special grant awards fund, employee benefits fund, maintenance insurance fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, DARE Program, and Forfeited Assets Program equal to the total cash balance on hand at July 1, 2012, plus the total amount of receipts for the fiscal year 2012 -2013. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2012. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2012,-are re- appropriated to the 2012 -2013 fiscal year to the same department and account for which they are encumbered in the 2011 -2012 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects will be appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2012. Supervisor Spicer stated that he recognized that people worked diligently to put this budget together, but he could not vote for it because it included a real estate tax rate of $0.545 and he wanted a higher rate in order to fund essential services. He concluded by saying he would be voting against the budget. 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 Nay Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE APPOINTMENTS Minute Book Number 37 Board of Supervisors Regular Meeting of 04/11/12 i CHAIRMAN'S COMMITTEE APPOINTMENTS Chairman Shickle advised that he had appointed three individuals to the board's standing committees. The appointments were as follows: - Code and Ordinance Committee — James Drown - Public Safety Committee — Michael W. Lindsay - Technology Committee — Todd Robertson. MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA The Board approved closing county offices on Friday, May 4, 2012 for the 85 Shenandoah Apple Blossom Festival. REQUEST FOR ATTORNEY GENERAL OPINION REGARDING APPLICABILITY OF SANITARY. DISTRICT FEE TO LAKE HOLIDAY COUNTRY CLUB LOTS - APPROVED Administrator Riley advised the County has held ongoing discussions with representatives of Lake Holiday Country Club regarding the assessment of Lake Holiday Sanitary District fees on lots owned by Lake Holiday Country Club. He then turned the topic over to County Attorney Williams for further discussion. County Attorney Williams advised that he has been dealing with the issue of whether or not the Lake Holiday Country Club must pay the flat rate sanitary district fee directly or if the fee could be passed on to the owners of the residential and commercial lots within the development. He noted the sanitary district fee was not an ad valorem tax and would not work clearly within the statute. He went on to say the best way to deal with this matter was to seek an opinion of the Attorney General. The county could use this opinion as guidance regarding how to proceed. Supervisor Spicer asked if Lake Holiday Country Club expressed a willingness to be bound by the Attorney General's opinion. County Attorney Williams responded that he had received a phone call from one attorney for Lake Holiday Country Club regarding this issue. He went on to say it was his understanding that Lake Holiday made the suggestion to seek the opinion. Supervisor Lofton asked what could happen if the Board did not seek the legal opinion. County Attorney Williams responded that Lake Holiday Country Club could pursue legal action. Minute Book Number 37 Board of supervisors Regular Meeting of 04/11/12 Chairman Shickle stated that somewhere along the line, the Board needs to see if it is comfortable with the outcome and, if not, have the legislature change some things. However, if the County were to be a player in that process, it might need to understand all of the different pieces Upon a motion by Supervisor Lofton, seconded by Supervisor Spicer, the Board authorized the County Attorney to request an Attorney General's opinion concerning the application of the Lake Holiday Sanitary District fee to lots owned by Lake Holiday Country Club. Supervisor Collins recused himself from the vote because he was one of the attorneys who had provided advice to Lake Holiday Country Club regarding this issue. The above motion was approved by the following recorded .vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Abstain Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye COMMITTEE REPORTS . TECHNOLOGY COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Board of Supervisors' Information Technology Committee met on Wednesday, April 4, 2012 at 8:00 -a.m., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were: Gary A. Lofton, Chairman; Bill Ewing, Charles DeHaven, Jr., Quaiser Absar, and Brian Madagan. The committee submits the following: ** *Items Not Requiring Action * ** 1. Walter Banks gave updates regarding the IT organization, established IT goals, and IT leadership. 2. Virtualization update including concept and diagram. The IOGb link has been established, firewall corrections have been made, the NRADC is now a directly connected network, and we have established a separate network from the school system. The scope of the project remains clear and on time. The COOP project will be completed in June 2012, application servers, AS400 and virtualization equipment. The longer -range goal is to continue moving toward a layer 3 routed network over the next two years. 3. Planning Grant has been submitted and a decision should come by the end of April — next step is to form a management team to review data and create objectives for an RFP. 4. Mr. Banks discussed the phone system at the Kent Street complex and the issues with the changeover. The Kent phone connections were switched over to Comcast digital PRI with some issues in reference to age and type of PBX --- message formatting. We will look to maintain the current phone system at the Kent Street complex through its warranty — 71112012. Hard drives will be replaced April 8 There were two outages associated within the window for Minute Book Number 37 Board of Supervisors Regular Meeting of 04/11/12 maintenance. All issues were resolved and we are now scheduled to "port- over" the public safety building and NRADC on 415 and 419, respectively. 5. Information about the work program was reviewed. Comments from Mr. DeHaven and Mr. Ewing about the positive direction of technology were received. 6. During collaboration and sharing the committee had a discussion about cloud computing (i.e. storage, e-mail, word processing, etc.). Mr. Absar gave his perspective based upon his organization's experience with Google does and e -mail. The committee agreed that these were areas that should be explored in preparation for this technology. Mr. Banks spoke about the need for more collaborative ventures with local "like" organizations. We (e.g. school system, planning commission, university, etc.) need to be partners in discovering, developing and implementing new technologies to take full advantage of the collective resources. The county and Shenandoah University will be sending representatives to review a multicasting technology on April 13'. 7. Next meeting is scheduled for May 2nd at 8:00 A.M. TRANSPORTATION COMMITTEE REPORT The Transportation Committee met on March 26, 2012 at 8:30 A.M. Members Present Chuck DeHaven (voting) Gene Fisher (voting) James Racey (voting) Bryon Grigsby {voting) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Chris Collins (voting) ** *Items Requiring Action * ** 1. Speed Study for Refuge Church Road - Denied Staff notified the Committee that Supervisor Ewing has requested a speed study to be conducted on Refuge Church Road. Staff was unable to determine when the most recent study was done. MOTION: Motion by Mr. Racey and seconded by Mr. Grigsby to recommend that the Board request that VDOT complete a speed study. Motion passed unanimously. Supervisor DeHaven moved to approve the committee recommendation. Vice - Chairman Ewing seconded the motion. Supervisor DeHaven advised, since the meeting, he had spoken with law enforcement officials and they saw no need for a speed study in that area. Based on this new information, he could not support the request. Vice - Chairman Ewing supported the speed study. Supervisor Lofton stated he found the Sheriffs Department speed trailer gave accurate results regarding speed and he was confident the speed trailer was the way to go in this instance instead of a speed study, He went on to say he had a hard time supporting the speed study because of the cost. Minute Book Number 37 Board of Supervisors Regular Meeting of 04/11/12 There being no further discussion, the motion failed by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Aye Christopher E. Collins Nay Charles S. DeHaven, Jr. Nay Ross P. Spicer Nay Gene E. Fisher Nay Gary A. Lofton Nay 2. WinFred MPO Unified Planning Work Program - Approved Staff presented the draft Unified Planning Work Program to the Committee which is now out for public Comment. The MPO Policy Committee would like feedback if the Board has any concerns or issues. Staff notified the Committee that we have been involved in the formulation of the study and had no concerns at this time. MOTION: Motion by Mr. Grigsby and seconded by Mr. Racey to recommend endorsement of the WinFred MPO Unified Planning Work Program. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board endorsed the WinFred MPO Unified Planning Work Program. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye 'F *' Items Not Requiring Action * ** 3. WinFred MPO Long Range Plan Staff updated the Committee on the progress of the 2035 Long Range Plan. 4. Project Updates Staff updated the Committee on the status of the following projects: 1. Renaissance Drive a. Phase I of this project will soon be going to bid for construction. Phase I is funded through a combination of private funds and State revenue sharing funds and goes from Route 11 to just east of the CSX railroad tracks. The construction of this project is County managed. b. Phase II of this project is currently being worked on by staff. Staff is working on a public /private partnership agreement with the owners of the Artillery property. Phase II would begin at the end of Phase 1 and terminate at Shady Elm Road. The construction of this project will be County managed. 2. Snowden Bridge Boulevard a. Staff is working with VDOT and owners on this roadway. The owners have filed a minor proffer revision which is scheduled to go before the Planning Commission on April 18. The purpose of the proffer revision is to allow some more flexibility in design. The construction of this project will be County Minute Rook Number 37 Board of Supervisors Regular Meeting of 44/11/12 managed. 3. Route II North a. This is a revenue sharing project that will be VDOT managed. Staff will be going before the finance Committee to request the matching funds, which will be funded by a combination of proffers and County transportation reserve funds. 4. Route 277 a. This project was funded by the Governor last year and is currently still in the study phase. Staff is expecting outputs for the Transportation Committee and Board input fairly soon. 5. Exit 310 a. This project was funded by the Governor last year and there is currently a joint Private/VDOT /County agreement being created to allow all the ancillary improvements that would need take place to in order to widen the interchange. This agreement should soon be completed. 6. Other Staff discussed two issues with the Committee. a. Potential use of the enhancement funds awarded to Senseny Road. b. Safety concerns on Hayfield Road. Staff is doing additional research and both of these items will be returning to the Committee. ANNUAL REPORTS DEPARTMENT FISCAL YEAR 2012 -2013 ANNUAL WORK PROGRAMS — APPROVED UNDER CONSENT AGENDA The Board received the departmental annual work programs as information. The programs reflect the goals and objectives set out in the proposed FY 2012 -2013 budget. PUBLIC HEARINGS PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION — "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS; SECTION 86 -3 PERMIT REQUIRED, APPLICATION; ISSUANCE OR DENIAL;. FEE, FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY, MAY 12 2012 FROM 11:00 A.M. TO 6:00 P.M.; ON THE GROUNDS OF BELLE GROVE PLANTATION 336 BELLE GROVE ROAD MIDDLETOWN VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST OF HISTORIC PRESERVATION. - APPROVED Administrator Riley advised this was a request for an outdoor festival permit by Belle Grove Plantation for "Of Ale and History" Beer Festival. The event will be held on Saturday, May 12, 2012 from 11:00 a.m. to 6:00 p.m. on the grounds of Belle Grove Plantation. Supervisor Spicer asked about the cost of admission because the application listed admission costs of $20 /$5/$25. �s Minute Book Number 37 Board of supervisors Regular Meeting of 04/11112 WO Rob McKenzie, Belle Grove Plantation, responded that $20 was the cost to taste the beer, $5 was the designated driver cost, and $25 was the cost at the gate. He went on to say this is the 17� year and it has been a successful event. He concluded by saying the event provides funding for Belle Grove to operate. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Vice - Chairman Ewing, the Board approved the outdoor festival permit application for Belle Grove Plantation. The above motion was approved by the following vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E, Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF CLATYON WILLIAMS CHRISTOPHER JONES ANGELA COOK MELODY STATES LENA - ANDERSON AND JENNIFER CLARK — ANTI - BLOSSOM 2012 PURSUANT TO THE FREDERICK COUNT CODE,. ,CHAPTER 86, FESTIVALS SECTION $6 -3,_ PERMIT REQUIRED; APPLICATION; ,,•.,-•., -•_._ _ ISSUANCE OR DENIAL; FEE FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY MAY 5 2012 FROM 2:00 P.M. TO 11:00 P.M.; ON THE GROUNDS OF 622 WOODCHUCK LANE WINCHESTER VIRGINIA. PROPERTY OWNED BY STEPHEN CLARK AND OTHERS. — POSTPONED UNTIL APRIL 2S, 2012 MEETING Administrator Riley advised this was an outdoor festival permit application by Clayton Williams and others for Anti- Blossom 2012. The event will be held on Saturday, May 5, 2012 from 2:00 p.m. to 11:00 p.m. at 622 Woodchuck Lane. Clayton Williams appeared before the Board on behalf of the application. He noted: - The admission ticket would be a hand stamp instead of a paper ticket. - They have applied for an ABC license, but have been denied because they were not a non - profit. No alcohol would be supplied, sold, or endorsed at this event. - The event will be held from 2:00 p.m. to 10:00 p.m. - They have a list of bands, but they all may not show up. - The Winchester SPCA would receive the proceeds from the event. Vice - Chairman Ewing asked about the camping area on the site drawing. Minute Boots Number 37 Board of Supervisors Regular Meeting of 04/11/12 Mr. Williams responded they would allow people to stay at no charge. He went on to say there was one water spigot on site and also 2 latrines from Green Latrines. Supervisor Lofton asked why the sanitation facilities were near the parking area instead of the camping area. Mr. Williams responded that was the only level ground on the site. Supervisor Lofton asked about medical facilities and asked if Round Hill Fire Company had been contacted about providing medical services. Mr. Williams responded that he thought they would contact them closer to the event. Vice - Chairman Ewing asked about the property and the location of neighbors. Mr. Williams responded the property was large and the neighbors could not be seen from their location. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Lofton stated that he appreciated the applicants' desire to provide another venue, but he had several concerns that were not addressed: - Are two sanitation facilities adequate? - The applicant has not made Round Hill Fire Company aware that this event might be taking place. - Resources would be stretched because of the Shenandoah Apple Blossom Festival with a number of units covering the various events including law enforcement. He appreciated that the proceeds were going to the SPCA, but a little more advanced planning would make this event viable in the future. He concluded by saying he could not support the application. Supervisor Lofton moved to deny the application. The motion was seconded by Supervisor DeHaven. Supervisor Collins asked if the applicant would have time to address the issues by the next meeting. Supervisor Lofton stated if Supervisor Collins wanted to entertain a motion to postpone with the concerns to be addressed then he would withdraw his original motion. Supervisor Lofton withdrew his motion and Supervisor DeHaven withdrew his second. Minute Book Number 37 Board of Supervisors Regular Meeting of 04111112 .240 Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board postponed the outdoor festival permit request for Anti- Blossom 2012 until the April 25, 2012 meeting so the applicant can address the concerns raised regarding the application. Supervisor Lofton noted that he would like to see law enforcement consulted as well as fire and rescue. He went on to say he would like to see signs posted on site stating no alcohol allowed. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PUBLIC HEARING - TWELVE -MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF GROVE'S WINCHESTER HARLEY- DAVIDSON. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86 -3 PERMIT REQUIRED; APPLICATION; ISSUANCE OR DENIAL; FEES; PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF WINCHESTER HARLEY- DAVIDSON, 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY JOBALIE, LLC. - APPROVED Administrator Riley advised this was a request by Grove's Winchester Harley- Davidson for a twelve -month outdoor festival permit. The proposed application, if approved, would allow the applicant to conduct up to 20 events at their facility for the remainder of 2012. He noted the County amended Frederick County Code Chapter 86 to allow the issuance of 12 month permits. The applicant is eligible for a 12 month permit as they meet the criteria established in 86 -3 D (1): - The events are of a commercial nature; - The site has an approved site plan; and The applicant has previously been granted a permit pursuant to Chapter 86 and has satisfactorily complied with the requirements of this chapter relative to that event. The twelve -month permit would be issued for the period January 1 through December 31 of the same calendar year; however, applications submitted and approved after January 1, the permit shall be effective from the date issued until December 31 of that same year. Should the Board approve this application, the permit shall be in effect beginning April 11, 2012 through December 31, 2012. He went on to say pursuant to Chapter 86 -3 D (4), the Board may limit the number of festivals that an applicant may conduct during the covered period and may also impose such other restrictions as deemed appropriate, including but not limited to restrictions on Minute Book Number 37 Board of ,Supervisors Regular Meeting of 04/1I112 the number of attendees at each festival, days, dates, and times of festivals, and /or deposit requirements. He suggested that event times be limited to 10:00 a.m. -6:00 p.m., which would cover the normal hours of operation for the facility, He concluded by saying staff is seeking Board action on this permit request. 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 DeHaven, the Board approved the twelve month outdoor festival permit request of Grove's Winchester Harley- Davidson. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Christopher E. Collins Aye Charles S. DeHaven, Jr. Aye Ross P. Spicer Aye Gene E. Fisher Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS MEMORANDUM REQUESTING WORK SESSION WITH THE BOARD OF SUPERVISORS RE: SUBDIVISION AND ZONING ORDINANCE WAIVER PROVISIONS AND REVISIONS TO THE RP ZONING DISTRICT HOUSING TYPES. — WORK SESSION APPROVED FOR MAY 3 2012 Planning Director Eric Lawrence appeared before the Board regarding this item. He advised that staff was seeking a work session with the Board to review and discuss two ordinance amendments: Subdivision and Zoning Ordinance waiver provisions and revisions to the RP Zoning District housing types. The Board set the work session for May 3, 2012 at noon; however, if that date would not work, staff was directed to poll the Board regarding alternate dates. ROAD RESOLUTION #052 -12 -- EQUESTRIAN ESTATES — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and ME Minute Book Number 37 Board of Supervisors Regular Meeting of 04/11/12 292 WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easement for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Fisher asked staff to keep the Board updated regarding the number of foreclosures in the county. He had heard there might be another wave coming in the near future. Administrator Riley advised that staff would put it on their radar screens. 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.) Board of Supervisors John R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: Jay E. tib6h Deputy Clerk, Board of Supervisors Minute Book Number 37 Board of Supervisors Regular Meeting of 04/11/12