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HomeMy WebLinkAboutMay 12, 2004 Regular Meeting 496 A Regular Meeting ofthe Frederick County Board of Supervisors was held on Wednesday, May 12,2004, 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 Barbara E. Van Osten; Gary W. Dove; Bill M. Ewing; Gina A. Forrester; W. Harrington Smith, Jr.; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Joseph Roby, Pastor of the People's Country Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED Administrator Riley recommended that the Board remove Tab J - Master Development Plan #03-04, Fieldstone Subdivision, from the agenda and direct the Planning Commission to resolve the design issues and bring this item back to the Board at their June 9, 2004 meeting. Upon a motion by Supervisor Forrester, seconded by Supervisor Smith, the Board adopted the agenda, as amended, by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CONSENT AGENDA - APPROVED Administrator Riley suggested the following tabs for approval under the Consent Agenda: 1. Public Safety Communications - Meeting of April 1, 2004 - Tab D; 2. Public Works Committee - Tab F; 3. Road Resolution - Sylvan Run Estates - Tab L; Upon motion by Supervisor Tyler, seconded by Supervisor Forrester, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 497 Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CITIZEN COMMENTS Tim Stafford, Red Bud District and owner of Valley Mill Farm, addressed Fieldstone Subdivision. He stated that his major concern was traffic as the existing bridge was not to be improved for six or seven years. He concluded by saying that the development should be done "smartly". Tootse R. Stafford, Red Bud District and owner of Valley Mill Farm, advised that her husband had addressed their concerns and she had nothing additional to add. She discussed the historical significance of the existing masonry bam on the property, as it might be the only one of its kind in Frederick County. Gary Adams, representing Goldies LC, appeared before the Board to address the Fieldstone Subdivision Master Development Plan. He expressed his concerns about the proposed connector road. Richard Racey, Red Bud District, advised the Board that he lived across from the proposed Fieldstone Subdivision. He stated that the project would generate three times the traffic of the original plan. He was also concerned about school overcrowding problems. William Schuller, Red Bud District, appeared before the Board to address the Fieldstone Subdivision Master Development Plan. He advised the Board that he was a resident of V alley Mill Road and he felt there was not a need for townhouses in this project. He stated that single-family homes would work. Vincent Lord, Stonewall District, appeared before the Board to address the Hiatt Run Master Development Plan. He advised that he had not seen the final plan, but he appeared before the Planning Commission when it was denied the first time. He informed the Board that there were drainage problems on the northeast portion of the property. He concluded by asking how he could be assured that this development would be an age restricted community. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 498 MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, the minutes from the April 27, 2004 meeting were approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS ELIZABETH J. HOLLAND APPOINTED AS COUNTY REPRESENTATIVE TO THE LORD FAIRFAX COMMUNITY COLLEGE BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, Elizabeth J. Holland was reappointed as the County Representative on the Lord Fairfax Community College Board for a four year term, said term to expire June 30, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye TODD THOMPSON AND JENNIFER ESLER REAPPOINTED TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Van Osten, Todd Thompson and Jennifer Esler were reappointed to the Winchester-Frederick County Tourism Board for a three year term, said term to expire June 30, 2007. Reappointment is contingent upon like approval by the City of Winchester. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye MEMORANDUM FROM ASSIST ANT COUNTY ADMINISTRATOR RE: Minute Book Nnmber 29 Board of Supervisors Regular Meeting of 05/12/04 499 REGIONAL WATER RESOURCES POLICY COMMITTEE - GOALS - APPROVED Assistant Administrator Tierney advised the Board that they had received the draft goals produced by the Regional Water Resource Policy Committee, which has been working through the Northern Shenandoah Valley Regional Commission and arose out of discussions concerning the establishment of a regional water authority. This policy committee is made up of nine counties and 31 municipalities. The Committee will produce a water policy integration assessment. The goals ofthe Committee have been sent to the localities for review and comment. Assistant Administrator Tierney concluded by saying that Staff recommends the Board endorse the concept, but withhold final approval of the goals until they are completed. Supervisor Ewing advised that he had sat in on the goal review meetings and felt there was nothing crucial to the County. He asked the Board to review the draft and pass any comments along to him. Supervisor Dove asked that the goals be put on the County's website. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the Staff recommendation of endorsing the concept, but withholding final approval until the final version of the goals have been received and reviewed. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye COMMITTEE REPORTS PUBLIC SAFETY COMMUNICATIONS COMMITTEE REPORT - MEETING OF APRIL 1. 2004 - APPROVED UNDER CONSENT AGENDA The Frederick County Public Safety Committee met Thursday April 1, 2004. Committee members present were: Committee Chair Barbara Van Osten, County Administrator John Riley, Frederick County Fire & Rescue Director Gary DuBrueler, LeeAnna Pyles, James Hockman, Michael Hockman, Helen Lake, Larry Ambrogi, Bill Ewing, and Gary Dove. The following items were discussed: ***Items Not Requiring Action*** 1. Gary DuBrueler held a PowerPoint presentation regarding the Emergency Operations Plan. This presentation outlined the basic plan, structure, individual responsibilities, responses, and recoveries. This showed the process by which the plan should be put forth in an emergency Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 500 situation. 2. Ms. Van Osten requested that Gary Dove become liaison with the Committee for the Fire & Rescue Department. Meeting Date: The next meeting of the Public Safety Committee will be held during the Public Works Committee on May 6, 2004. PUBLIC SAFETY COMMUNICATIONS COMMITTEE REPORT - MEETING OF MAY 6. 2004 - APPROVED Barbara Van Osten ca11ed the Frederick County Emergency Communications Commission to order on May 6,2004 at 2:00 p.m. The fo11owing Commission members were present: John Riley, County Administrator, Director of Fire and Rescue Gary DuBmeler, Barbara Van Osten, Chairperson, Sheriff Robert Williamson, Michael Hockman, Helen Lake, Bill Ewing, Gary Dove, and Dr. Jack Potter, Director of Emergency Department, Winchester Medical Center. Agenda: Barbara Van Osten asked if everyone had a copy of the agenda and if there were any additions to the agenda. Barbara Van Osten indicated that she had a couple of additions to the agenda. Agenda Item No.1 should say presentation on local capability. Assessment forreadiness, word needs to be added. Item number 2, Table Top Discussions, actua11y should say Discussion of Table Top Scenario. Barbara Van Osten asked if there was a motion to approve the agenda. A motion was made by Bill Ewing to approve the agenda, seconded by Helen Lake. Motion unanimously approved. Minutes: Committee Reports: Telemus Presentation on Local Assessment/or Readiness: Presentation on Local Assessment for Readiness by Luke Benci and Leo Labaj of Tel emus Solutions. This presentation consisted of background of Telemus Solutions and services, which included threat assessment and vulnerability assessments. They primarily provide security consultant services with emphasis on training and preparedness. Sheriff Williamson made a motion to use grant funds available to fund resources necessary to exercise the Emergency Operations Plan. Motion, seconded by Helen Lake. Motion approved unanimously. Next Meeting: The Commission meeting is scheduled for June 17,2004 at 2:00 p.m. Adjourn: There being no further business, Sheriff Williamson made a motion to adjourn the meeting. Helen Lake seconded the motion. Motion unanimously approved. The meeting of the Frederick County Communications Commission was adjourned at 3:20 p.m. this date. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Ewing, the Board approved the Committee recommendation to use available grant funds to fund the resources necessary to exercise the Emergency Operations Plan. The above motion was approved by the following recorded vote: Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 501 Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, April 27, 2004, at 8:00 a.m. All members were present except Robert Wells and Gary Dove. The following items were discussed: ***ltems Not Requiring Action*** 1. Review Request from Buildin~ Official for Reclassifications The Building Official, Mr. John Trenary, presented a request to add several new job classifications within his department. These new job classifications are highlighted in the attached memorandum dated March 29,2004. This issue was discussed in the March 30, 2004 committee meeting. At that time, the committee members were provided copies of the proposed job descriptions as well as comparisons of salary ranges. (Attachment 1). After discussing the impacts of the proposed reclassifications, a motion was made by George Ludwig and seconded by Whit Wagner to endorse the proposed reclassification request. The motion was unanimously approved by the committee and will be forwarded to the personnel committee for their review and comment. 2. Request from Buildinl: Official to Purchase Vehicle The attached memorandum dated April 22, 2004, highlights a request from the building official to purchase a new vehicle to replace an existing high mileage vehicle. The justification for the purchase and recommended funding source are included in the memorandum. (Attachment 2). The committee unanimously endorsed the request which will be forwarded to the Finance Committee for their review. 3. Review Request from En!!ineerin!! for Transfer of Funds for Vehicle Purchase The Deputy Director of Public Works, Mr. Joe Wilder, submitted a request to purchase a new vehicle to replace a high mileage vehicle which has recently required extensive maintenance. The attached memorandum dated April 21, 2004, summarizes the request and provides justification for the purchase. (Attachment 3). The committee unanimously endorsed the purchase of a new vehicle which will be submitted to the Finance Committee as a transfer request. 4. Citizens' Assistance Pro!!ram The Director of Public Works presented a plan prepared by the animal shelter staffto initiate a spay and neutering assistance program in Frederick County. The attached documents summarize the intent of this program. Funding for this program will be provided from donations from the Shawnee Kennel Club. (Attachment 4). The committee reviewed the intent of the program and amount ($20) proposed for each assistance voucher. The committee questioned whether the amount was sufficient to supplement the Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 502 veterinary fees and to encourage citizens to have their animals spayed or neutered. They also indicated that the applicant requirements should include or be restricted to animals adopted from the shelter. These comments will be discussed with staff to determine what revisions could be made to implement the program without compromising the intent to encourage spay and neutering and without requiring unnecessary screening on the part of the staff. 5. Miscellaneous Reports a) Tonnage Report(Attachment 5) b) Animal Shelter Dog Report(Attachment 6) c) Animal Shelter Cat Report(Attachment 7) PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #03-04 OF DAVID MONROE FOR A COTTAGE OCCUPATION - MACHINE SHOP. THIS PROPERTY IS LOCATED AT 262 KUNES MILL ROAD (ROUTE 633). OFF OF ROUTE 11 SOUTH. SOUTH OF ROUTE 11 TRUCK SCALES. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 84-A-68 IN THE BACK CREEK MAGISTERIAL DISTRICT- APPROVED Planner I Candice Mills appeared before the Board on behalf of this item. She advised that the property is zoned RA (Rural Areas) and is located in the Back Creek District. The applicant is proposing a cottage occupation for machine fabrication and repair with an estimated ten customers per day. Staff received no negative review agency comments. Planner I Mills went on to say that the Planning Commission recommended approval with a change to condition #5, which dealt with outdoor storage. The proposed conditions are as follows: 1. All reviewing agencies comments must be complied with at all times. 2. No more than two (2) employees associated with this use will be allowed. 3. All repair work shall be done completely within the accessory structure. 4. No more than five (5) items awaiting repair shall be stored outside of the accessory structure. 5. All outdoor storage will be screened by opaque fencing that is no less than five feet in height, and the outdoor storage area will not exceed 500 square feet. Outdoor storage will only be allowed at the side and rear of the detached garage, storage of materials waiting repair will not be stored at the front of the detached garage. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and will not exceed four (4) square feet in size. 7. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. She concluded by saying that the applicant was present to answer any questions the Board might have. Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 503 David Monroe, applicant, advised the Board that he has spoken to his neighbors and told them he did not intend to cause any problems as this would be a small scale machine shop and would serve as a second job. Vice-Chairman Van Osten asked the applicant ifhe had considered regulating the hours of operation. Mr. Monroe responded it would be a second job and would require night time hours. He advised that he would keep the noise to a minimum. Supervisor Ewing asked if the applicant had considered screening the front door. Mr. Monroe responded there would some type of screening in front of the door. Vice-Chairman Van Osten stated that she would like to add the condition of granting this permit for one year, with a review and subsequent renewal to occur at that time. Director Lawrence advised that staff could add a condition that a report be brought back to the Board after one year. Chairman Shickle convened the public hearing. Donald Snapp, Back Creek District, advised that he owned the property directly across the road from the proposed site and he had serious concerns about noise from the machine shop. He felt this would adversely impact his quality oflife. Mr. Snapp stated that another downside to approving this application was the adverse financial impact to him because of the location of a machine shop next to his property. He concluded by asking the Board to consider how they would want the vote to go, if they were in his position. There being no further public comments, Chairman Shickle closed the public hearing. Vice-Chairman Van Osten moved that the Board approve Conditional Use Permit #03-04 with the conditions approved by the Planning Commission, with the addition of a review of the application after one year to come back before the Board. The motion was seconded by Supervisor Forrester. Supervisor Ewing felt the need to establish some hours of operation for this proposed. Supervisor Ewing moved to amend the original motion to include a condition regulating the hours of operation, which will be from 7:00 A.M. -11 :00 P.M. Monday-Saturday and 12:00 P.M. to 11 :00 P.M. on Sunday. The motion was seconded by Vice-Chairman Van Osten. The above motion to amend the original motion was approved by the following recorded Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 504 vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Nay The amended motion was approved by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda 1. Tyler - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #04-04 OF BARRY EATON (BIG BARRY'S BEEF JERKY AND VENISON PROCESSING) FOR A COTTAGE OCCUPATION - WORKSHOP WITH PROCESSING EOUIPMENT. THIS PROPERTY IS LOCATED AT 4694 NORTH FREDERICK PIKE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 29-A-57 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Mark Cheran appeared before the Board on behalf ofthis item. He advised that the property is zoned RA (Rural Areas) and is located in the Gainesboro District. Staff received no adverse comments from the review agencies. The proposed use will take place in a 750 square foot accessory structure. It was originally anticipated that the use would generate 10 customers per day during hunting season. The Planning Commission recommended approval of the use with a modified condition #4, which would permit 25 customers per day. The proposed use would not have an adverse impact on adjacent properties. Planner I Cheran then reviewed the proposed conditions as recommended by the Planning Commission: 1. All review agency comments and requirements shall be complied with at all times. 2. Shall be in compliance with Section 165-42 ofthe Frederick County Zoning Ordinance, in regard to rendering operations. 3. Any proposed business sign shall conform to the Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 4. No more than 25 customers per day allowed. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. He concluded by advising the Board that the applicant was present to answer any questions they may have. Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 505 Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Forrester, the Board approved Conditional Use Permit #04-04 by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PUBLIC HEARING - REZONING #04-04 OF BEAN PROPERTY. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE FIVE (5.0) ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY IS LOCATED ON BEAN'S POND LANE. APPROXIMATELY Y, MILE NORTH OF SENSENY ROAD. THE SITE ADJOINS THE L YNNHA VEN AND SOVEREIGN VILLAGE SUBDIVISIONS. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 55-A-208. IN THE RED BUD MAGISTERIAL DISTRICT - APPROVED Planner II Jeremy Camp appeared before the Board on behalf of this item. He advised that this proposal is to rezone five (5) acres from RA (Rural Areas) to RP (Residential Performance). The parcel is located in the Red Bud District and Urban Development Area. Planner II Camp advised that Channing Drive would pass along the east property boundary. He explained that the intent of this proposed rezoning is to incorporate this parcel into the Lynnhaven Subdivision, which would require the submittal of a new master development plan. Planner II Camp then reviewed the proposed proffers: 1. Proffer to limit development for single-family detached urban lots only. 2. Proffer to contribute the sum of$3,278.3l for each single-family detached urban lot that has the majority ofthe lot area on the 5-acre site. In addition, the applicant has proffered to contribute the sum of$50,000 within 30 days of Final Subdivision Plat approvals. 3. Proffer to contribute the sum of$12,000 to Frederick County, which may be used as a portion ofthe local match for the Revenue Sharing Program for the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659), to be paid when a traffic light is warranted by VDOT. 4. Assurance that the portion of Channing Drive that traverses the eastern boundary of the five-acre parcel will be constructed and no entrances will be located directly off of Channing Drive to access the site. He advised that the Planning Commissionrecommended approval ofthis application. He concluded by saying that the applicant was represented by Greenway Engineering and a representative was Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 506 present to answer any questions. Supervisor Ewing asked what affect denial ofthis application would have on the construction of Channing Drive. Planner II Camp advised that Channing Drive would be constructed regardless of approval or denial. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf ofthe applicant. He advised that the road design for Channing Drive does not account for it going through the Bean property. He concluded by saying that ifthe rezoning is approved the property would become part of the Lynnhaven Master Development Plan. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Supervisor Forrester advised that she had made a promise to her constituents that if the schools were overcrowded then she would not approve any development that would compound the situation. She concluded by saying that she could not in good conscience make a motion, even though this was a good use for that property. Upon a motion by Vice-Chairman Van Osten, seconded by Supervisor Dove, the Board approved Rezoning Application #04-04. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #03-04 OF FIELDSTONE SUBDIVISION - REMOVED FROM AGENDA This item was removed from the agenda during the adoption ofthe agenda at the beginning of the meeting. MASTER DEVELOPMENT PLAN #04-04 OF HIATT RUN ADULT COMMUNITY - APPROVED Planner II Camp appeared before the Board on behalf ofthis item. He advised that this was Minute Book Number 29 Board of Supervisors Regular Meeting of 05112104 507 a revision to the original master development plan for a 10 acre parcel located in the Stonewall District. The proposed revision calls for the construction of 47 small lot single-family dwellings, which will be 1 Y2 stories tall. Planner II Camp advised that the applicant has added landscaping and screening on the eastern property line. There will be only one entrance along Martinsburg Pike. The proposed plan has been reviewed by all reviewing agencies. Planner II Camp advised that the Planning Commission recommended approval of the plan as presented. He concluded by saying that the applicant was seeking authorization from the Board for administrative approval. Chairman Shickle asked ifthe community was indeed age restricted. Planner II Camp responded that the applicant was marketing it that way, but it was not proffered as such. Chairman Shickle asked about the drainage issues on the site, which were mentioned earlier in the meeting. Tim Painter, Painter-Lewis, stated that it was the applicant's intent to collect the water on site and direct it down stream. There would be no impact to Mr. Lord's property. Vice-Chairman Van Osten how the drainage issue would be addressed. Mr. Painter responded that they would utilize an underground system. Mr. Sarkis Satian, property owner, appeared before the Board on behalf of this plan. He addressed the age restriction issue by stating his intent to list this covenant in all of the deeds. He advised that this requirement would also be placed in the by-laws of the homeowners association. Upon a motion by Supervisor Tyler, seconded by Supervisor Dove, the Board approved Master Development Plan #04-04 with staff to administratively approve the final plan. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye ROAD RESOLUTION (#062-04) - SYL VAN RUN ESTATES - APPROVED UNDER CONSENT AGENDA The Board of Supervisors of Frederick County, in regular meeting on the 12th day of May 2004, adopted the following: WHEREAS, the streets described for Sylvan Run Estates, on the attached Additions F orm(s) Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 508 SR-5A, 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 ofthe Virginia Department of Transportation; and 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 Additions Form SR-5(A) 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 easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS Supervisor Tyler reported that the MPO personnel committee interviewed candidates for the position of Transportation Planner. Supervisor Dove reported that the Code & Ordinance Committee met and would have several items to come before the Board at its next meeting, one of which is an ordinance to address panhandling. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisor comments. ADJOURN UPON A MOTION MADE BY VICE-CHAIRMAN VAN OSTEN, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:26 P.M.) Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04 509 '" JOhn~fy Clerk, Board of Supervisors \2--.-L-Q ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: Ql1['-iYY, Jay E. Tilihs Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supervisors Regular Meeting of 05/12/04