March 28 2007 Regular Meeting342
A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday,
March 28, 2007, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration
Building, l07 North Kent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Vice-Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary
W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Reverend Robert Stainback, Congregational Christian Fellowship Church, delivered the
invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Fisher led the Pledge of Allegiance.
ADOPTION OF AGENDA -APPROVED
County Administrator John R. Riley, Jr. stated that he had no additions or changes to the
agenda.
Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the agenda was
approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CONSENT AGENDA -APPROVED
Administrator Riley offered the following item for the Board's consideration under the
consent agenda:
- Road Resolutions -Granville Estates and Fieldstone, Section I -Tab I.
Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved
the consent agenda by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/D7
343
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING
PUBLIC HEARING -FISCAL YEAR 2007-2008 BUDGET
Administrator Riley presented a brief overview of the County's FY 2008 Fiscal Plan. The
proposed budget includes $107,445,316 in local funding with 70% of that amount going to the
Schools. School enhancements included in this budget are:
- $4.3 million to continue operations and meet economic conditions;
- Replacement of Gainesboro Elementary School;
- Increased staffing;
- Salary increases and additional funds for cost of competing;
- $750,000 for one-time capital purchases.
Of the 30% of local dollars that fund local government operations, 65% of that amount goes to
public safety. The public safety enhancements include:
- 2 new Sheriff s investigators and related equipment costs;
- 14 new vehicles for the Sheriff's Department;
- 2 new positions in Fire and Rescue;
- Over $100,000 for Fire & Rescue capital projects for the Fire Companies;
- $130,000 in equipment for the Fire and Rescue Companies.
Other enhancements funded in this budget include:
- Continuation of the 100% employer paid contributions to the Virginia Retirement
Systems;
- Salary increases for all County employees;
- 100% employee only paid health insurance.
The proposed budget provides a total funding increase of more than $16 million, with no tax
increase. The proposed General Fund per capita expenditures total $1,859, which is an increase over
the current year expenditure of $1,771. Administrator Riley then reviewed the proposed Community
Enhancements, which include increased funding for: Handley Regional Library, Lord Fairfax
Community College, Winchester-Frederick Health Department, Clean, Inc., Area Agency on Aging,
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
344
and Northwestern Community Services. He concluded. by saying that the FY 2008 Fiscal Plan
recognizes commitments in our children's education, service levels, and employees, all with no
increases in property taxes.
Chairman Shickle convened the public hearing.
Gwen Monroe, Back Creek District and Director of the Frederick County Department of
Social Services, thanked the Board for its financial support. She then addressed several issues
facing her department, which would result in a need for increased funding. These included: a need
for interpreters, affordable housing and daycare, preventive services, and companion services. She
concluded by saying that the Federal pass through matching rate would decrease.
Richard Crane, Red Bud District, thanked the Board for not raising taxes. He expressed
some concern on behalf of the Social Services Board regarding the $100,000 budget cut. He stated
that the Social Services Board wanted to give the staff the same Cost of Living Adjustment as other
County employees and requested the Board of Supervisors reinstate the $100,000.
Karen Shipp, Help With Housing, appeared before the Board to request reconsideration of
its decision not to contribute to this organization. She stated there were eight families from
Frederick County in need of their services.
Jim Lawrence, Winchester representative to the Lord Fairfax Soil and Water Conservation
District, advised that the District's costs had increased 17% and there would be an increased work
load due to the Total Maximum Daily Load requirements; however, the County did not increase the
funding allocation. He asked the Board to continue its support of this organization and its work.
Monica Martin, Magistrates' Office, asked the Board for reconsideration ofthe request for
supplemental income for the magistrates. She stated there was a need to keep experienced personnel
in these positions and the State had not increased salaries.
John Lamanna, Chairman of the Frederick County School Board, stated the Schools'
budget, as presented, is based upon "what we are required to do by mandate, law, and practice";
however, they only received 35% of the identified need. This would result in larger classes and
longer bus rides for the students. He went on to say that this seemed to be a recurring theme and he
was disappointed with the lack of dialogue this year. He concluded by saying the quality of the
schools was threatened by this funding level and he believed the additional $2.6 million requested
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
345
could have helped stop some of the loss.
Patricia Taylor, Frederick County Public Schools' Superintendent, appreciated the
willingness of the Board to meet individually with staff and board members. She stated the local
funding level being considered would affect 2008 operations. She concluded by saying she was
concerned about the funding level, but thanked the Board for its support.
Peggy Clark, Red Bud District and President of the Frederick County Education
Association, stated the dollars from the state and local levels have not been sufficient to meet the
growth in the number of students. Schools are now looking at overcrowded buses, increased class
size, and lower raises than neighboring jurisdictions.
Bill Dodson, Shawnee District and member of the Lakeside Home Owner's Association,
asked the Board to reconsider the budget plan for the Sheriff's Department. He stated that his
neighborhood has been invaded by the gang MS-13 and the Sheriff's Department is overburdened
and understaffed for the population it serves. He asked the Board to please reconsider fiutding the
requested positions.
Pat Grasso, Red Bud District and teacher at Sherando High School, stated no new additional
teachers will be hired this year and there will be 100 additional students at Sherando, which does
not include new residents moving into the area.
There being no further public comments, Chairman Shickle closed the public hearing.
CTTIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVTSORS COMMENTS
There were no Board of Supervisors' comments.
MINUTES -APPROVED
Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the minutes from
the March 8, 2007 Worksession with the Planning Commission were approved.
The above motion was approved by the following recorded vote:
Richard C. Shickle
Gene E. Fisher
Charles S. DeHaven, Jr.
Gary W. Dove
Bill M. Ewing
Philip A. Lemieux
Aye
Aye
Aye
Aye
Aye
Aye
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
346
Barbara E. Van Osten Aye
The minutes from the March 14, 2007 Regular Meeting were presented.
Supervisor Van Osten offered a correction to page 3 regarding clarification as to when a
voice vote, roll call vote, and consensus are needed - "Chairnian Shickle advised that he would meet
with the chairmen, of each committee to set a procedure."
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COUNTY OFFICIALS
COMMITTEE APPOINTMENTS
There were no committee appointments.
MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM
FESTIVAL AND SCHEDULING OF BOARD MEETINGS DURING SUMMER
MONTHS -APPROVED
Administrator Riley advised that, as in the past, the Board needs to take action on the closing
of the county offices on Friday, May 4, 2007, for the 80`h Shenandoah Apple Blossom Festival, this
is a regularly scheduled holiday for county employees; however, the court offices need official
action by the Board in order to close for the day. He also requested the Board set the summer
schedule to include the cancellation of the July 11, 2007, August 8, 2007, and October 24, 2007
meetings.
Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the above request was
approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
RESOLUTION (#055-071 AUTHORIZING EXECUTION AND DELIVERY OF
MASTER EOUIPMENTLEASE-PURCHASE AGREEMENT THROUGH VERIZON
FOR THE 911 COMMUNICATIONS CENTER -APPROVED
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
34
Administrator Riley advised that this equipment would be placed in the new Public Safety
Building and it was the Board's consensus to lease this equipment rather than fund it out of the
construction bond proceeds. He stated that approval of the lease and authorization for the County
Administrator to sign would be appropriate.
Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Fisher, the Board
approved the Resolution Authorizing Execution and Delivery of a Master Equipment Lease-
Purchase Agreement Through Verizon for the 911 Communications Center.
WHEREAS, the County of Frederick, VA (the "Lessee"), a body politic and. corporate duly
organized and existing as a political subdivision, municipal corporation or similar public entity of
the Commonwealth of Virginia is authorized by the laws of the Commonwealth of Virginia to
purchase, acquire, and lease personal property for the benefit of the Lessee and its inhabitants and
to enter into contracts with respect thereto; and
WHEREAS, the Lessee desires to purchase, acquire, and lease certain equipment (including
maintenance and other support service agreements) constituting personal property necessary for the
Lessee to perform essential governmental functions; and
WHEREAS, in order to acquire such equipment, the Lessee proposes to enter into that
certain Master Equipment Lease-Purchase Agreement (the "Agreement") and separate Lease
Schedules and Certificates of Acceptance relating thereto from time to time as provided in the
Agreement with Verizon Credit, Inc. (the "Lessor"), the form of which has been presented to the
governing body of the Lessee at this meeting; and
WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for
the efficient and effective administration thereof to enter into the Agreement and the separate Lease
Schedules and Certificates of Acceptance relating thereto as provided in the Agreement for the
purchase, acquisition, and leasing of the equipment to be therein described on the terms and
conditions therein provided;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body
of County of Frederick, VA as follows:
Section 1. Approval of Documents. The form, terms and provisions of the Agreement
and the separate Lease Schedules and Certificates of Acceptance relating
thereto as provided in the Agreement and hereby approved in substantially
the form presented at this meeting, with such insertions, omissions, and
changes as shall be approved by the County Attorney (the "legal counsel")
of the Lessee or other members of the governing body of the Lessee
executing the same, the execution of such documents being conclusive
evidence of such approval; and the County Administrator (the "Chief
Administrative Officer") of the Lessee is hereby authorized and directed to
execute the Agreement, each Lease Schedule, each Certificate ofAcceptancc
and any related Exhibits and Attachments attached to any thereof and to
deliver the Agreement, each Lease Schedule and each Certificate of
Acceptance (including such Exhibits and Attachments) to the respective
parties thereto.
Section 2. Other Actions Authorized. The officers and employees of the Lessee shall
take all action necessary or reasonably required by the parties to the
Agreement, each Lease Schedule and each Certificate of Acceptance to carry
out, give effect to and consummate the transactions contemplated thereby
Minute Book Number 32
Buard of Supervisors Regular Meeting of 03/28/07
348
(including the execution and delivery of any tax certificate and agreement,
each with respect to separate Lease Schedules and Certificates of
Acceptance, as contemplated in the Agreement) and to take all action
necessary in conformity therewith, including, without limitation, the
execution and delivery of any closing and other documents required to be
delivered in connection with the Agreement, each Lease Schedule and each
Certificate of Acceptance.
Section 3. No General Liability. Nothing contained in this Resolution, the Agreement,
any Lease Schedule, any Certificate of Acceptance nor any other instrument
shal l be construed with respect to the Lessee as incurring a pecuniary liability
or charge upon the general credit of the Lessee or against its taxing power,
nor shall the breach of any agreement contained in this Resolution, the
Agreement, any Lease Schedule, any Certificate of Acceptance or any other
instrument or document executed in connection therewith impose any
pecuniary liability upon the Lessee or any other charge upon its general
credit or against its taxing power, except to the extent that the Rental
Payments payable under each Lease Schedule are special limited obligations
of the Lessee as provided in such Lease Schedule.
Section 4. Appoir:tment of Authorized Lessee Representatives. The Chief
Administrative Officer and Chief Financial Officer of the Lessee are hereby
designated to act as authorized representatives of the Lessee for purposes of
the Agreement, each Lease Schedule and each Certificate ofAcceptance until
such time as the governing body of the Lessee shall designate any other or
different authorized representative for purposes of the Agreement, each
Lease Schedule and each Certificate of Acceptance in which event the Lessee
shall notify the Lessor in writing of any new authorized representatives
designated as herein provided.
Section 5. Severability. If any section, paragraph, clause or provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not
affect any of the remaining provisions of this Resolution.
Section 6. Repealer. All bylaws, orders, and resolutions or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed as reviving any bylaw, order, resolution or
ordinance or part thereof.
Section 7. Effective Date. This Resolution shall be effective immediately upon its
approval and adoption.
ADOPTED AND APPROVED by the governing body of the Lessee this 28"' day of
March, 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COMMITTEE REPORTS
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
349
FINANCE COMMITTEE REPORT
The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent
Street on Wednesday, March 21, 2007 at 8:00 a.m. Member Richie Wilkins was absent.
1. The Frederick County Public School Board Chairman requests discussion on the
reappropriation of fiords remaining at year end in the School Operating Fund to the School Capital
Project Fund. See attached memo, p. 1. The committee recommends approval for one year. -
Approved
Upon a motion by Supervisor Van Osten, seconded by Supervisor Dove, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Nay
Philip A. Lemieux Nay
Barbara E. Van Osten Aye
2. The Sheriff requests a General Fund supplemental appropriation in the amount of
20 445.35. This amount represents three insurance reimbursements for automobile claims. No
local funds needed. See attached memos, pp. 2-4. The committee recommends approval.-
Approved
Upon a motion by SupervisorEwing, secondedbySupervisor DeHaven, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Ayc
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
3. The Human Resources Director requests a General Fund budget transfer in the amount
of $9,500 and a General Fund supplemental appropriation in the amount of $78 000. These amounts
represent salary and fringes for the hire of a Radio Technician and associated equipment for the
remainder of FY 2007. Also requested is an FY 2008 General Fund supplemental appropriation in
the amount of $60,164.15. This amount represents salary and fringes for the upcoming fiscal year.
These requests have been approved by the Human Resources Committee. Additional local funds
are needed. See attached memo, pp. 5-9. The committee tabled the request awaiting further
information.
4. The Registrar requests a General Fund supplemental appropriation in the amount of
25 320. This amount is needed to cover the costs for the June 2007 Primary Election. Additional
local funds needed. See attached memo, p. 10. The committee recommends approval (Mr. Lofton
abstained from the vote.) -Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approve
the above request by the following recorded vote:
Richard C. Shickle Aye
Miuute Book Number 32
Board of Supervisors Regular Meeting or 03/28/07
350
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
5. The Commissioner ofthe Revenue requests a General Fund supplemental appropriation
in the amount of $1,624.19. This amount represents additional State funds expected for qualified
purchases of technical and office equipment. No local funds needed. See attached memo, pp. l 1-12.
The committee recommends approval. -Approved
Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
6. The Commissioner of the Revenue will be available for continued discussion on
conservation easements. See attached information, pp. 13-20. The committee requests additional
information to continue discussions.
7. The Commissioner of the Revenue requests a General Fund budeet transfer in the amount
of $18 000 from the operational conting_ency fund. This amount is requested for the purchase of two
used vehicles. See attached information, pp. 21-25. The committee recommends approval. -
Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved
the above request by the following recorded vote:
Richard C. Shickle
Gene E. Fisher
Charles S. DeHaven, Jr
Gary W. Dove
Bill M. Ewing
Philip A. Lemieux
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Aye
Aye
Aye
***For Information Only***
1. The Literacy Volunteers -Winchester Area has provided additional information. See pp. 26-
27.
2. The Finance Director provides a fund balance report. See attached report, p. 28.
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
PUBLIC HEARING -CONDITIONAL USE PERMIT #02-07 FOR KEITH ROGERS
AND SANDRA ROGERS FOR A PUBLIC GARAGE WITHOUT BODY REPAIR.
Minute Book Number 32
BoArd of Supervisors Regular Meeting of 03/28/07
351
THIS PROPERTY IS LOCATED AT 2204 FAIRFAX PIKE (ROUTE 2771 AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 87-A-89 IN THE
OPEOUON MAGISTERIAL DISTRICT -APPROVED
Planning Technician Kevin Henry appeared before the Board regarding this item. He
advised the property is located in the RA (Rural Areas) District and the use (public garage without
bodywork) is allowed with an approved Conditional Use Permit. The property sits on the south side
of Fairfax Pike (Route 277). Planning Technician Henry explained that the existing residential
driveway would be removed and the site would be accessed via the commercial entrance on the
adjacent property. The size of the building would be 1,800 square feet and the applicant would be
permitted to have a 25 square foot sign no taller than 10 feet in height. He concluded by saying the
Planning Commission recommended approval with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The property shall have no more than one (1)non-illuminated business sign, no larger
than 25 square feet in area, and no taller than 10 feet.
3. The existing commercial entrance on the parcel to the west, known as Tax Map
Identification 87-A-90 will provide the driveway for ingress/egress onto the applicant's
property, Tax Map Identification 87-A-89.
4. The existing residential driveway accessing from Fairfax Pike will be removed prior to
business activities.
5. An engineered site plan and implementation of identified improvements is required prior
to any business activities taking place on the site.
6. The applicant will be limited to repairing only five (5) vehicles at a time, including
storage.
7. Vehicles for repair use shall be stored behind aboard-on-board six foot tall fence, to
shield from adjoining properties. Any inoperable vehicles on the property shall adhere
to Section 165-47 of the Frederick County Zoning Ordinance.
8. The auto repair business is permitted a maximum of four (4) employees.
9. All repair activities shall occur entirely within an enclosed structure which shall not
exceed 2,700 square feet.
10. Hours of operation shall be from 7:00 A.M. to 7:00 P.M.
11. Any business uses outside the repair realm of the conditional use permit, is not
permitted.
12. Any expansion or change of use shall require a new Conditional Use Permit.
Chairman Shickle asked about the use of the shared driveway and what would happen if the
granting party changed its mind.
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
352
Planning Technician Henry responded that the access would have to be platted.
Chairnan Shickle stated that he wanted to make ensure this would not turn into a mess later.
Keith Rogers, applicant, appeared before the Board.
Supervisor DcHaven asked Mr. Rogers i f he was comfortable with the recommended
conditions and the recorded easement.
Mr. Rogers responded yes. He stated that he would like to see the building be 2,700 square
feet if possible because he would like to add to the garage.
Supervisor Lemieux asked if the building was required to have concrete slab or a drain.
Mr. Rogers responded there was no drain, but the floor would be a concrete slab.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board approved
Conditional Use Permit #02-07 with the conditions recommended by the Planning Commission.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 165. ZONING: ARTICLE V. RA RURAL AREAS DISTRICT•
SECTION 165-55, SETBACK REQUIREMENTS. -APPROVED
Zoning and Subdivision Administrator Mark Cheran appeared before the Board regarding
this item. He stated that the Board approved changes to the RA District setback requirements at its
last meeting; however, the waiver provision was inadvertently excluded from the amendment. He
stated that the following provision is before the Board this evening for approval:
"C. Board Waiver. The Board may allow the above-referenced setbacks to be reduced
if the constraints of the setbacks create an undue hardship on existing parcels of
record Such requirements and justification to reduce the setbacks shall be
presented to the Planning Commission for a recommendation that is forwarded to
the Board of Supervisors. "
Chairman Shickle convened the public hearing.
Minute Book Number 32
Board of Supervisors Regular Meeting of 03/28/07
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board
approved the Ordinance to Amend Frederick County Code, Chapter 165, Zoning; Article V, RA
Rural Areas District; Section 165-55. Setback Requirements.
WHEREAS, an ordinance to amend Chapter 165, Zoning, Article V, RA Rural Areas
District, Section 55, Setback Requirements, was considered by the Planning Commission and the
Development Review and Regulations Subcommittee (DRRS) during their regularly scheduled
meetings; and
WHEREAS, the Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on September 19, 2006; and
WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on
February 7, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
March 28, 2007; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance
to be in the best interest of the public health, safety, welfare, and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
that Chapter 165, Zoning, Article V, RA Rural Areas District, Section 55, Setback Requirements
is amended. This amendment is described on the attachment.
This ordinance shall be in effect on the day of adoption.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
OTHER PLANNING ITEMS
ROAD RESOLUTIONS
ROAD RESOLUTION (#056-07) - GRANVILLE ESTATES -APPROVED UNDER
CONSENT AGENDA
WHEREAS, the streets described on the attached Additions 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
3~
il3
Minute Book Number 32
Board of Supervisors Regular Meeting of 03!28/07
354
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 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 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.
This item was approved under the consent agenda.
ROAD RESOLUTION (#057-07) -FIELDSTONE, SECTION I -APPROVED UNDER
CONSENT AGENDA
WHEREAS, the streets described on the attached Additions 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
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 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 easements 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.
This item was approved under the consent agenda.
BOARD LIAISON REPORTS
There were no Board liaison reports.
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisors' comments.
ADJOURN
Minute Book Number 32
Board of Supervisors Regular Mee[ing of 03/28/07
355
UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR
DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (8:20 P.M.)
Richard C. Shickle
Chairman, Board of Supervisors
3elin R. Riley, Jr.
Clerk, Board of Supervisors
Minutes Prepared By: ~Q,r_,! ~~ ~~
Jay . T bs
Deputy Clerk, Board of Supervisors
Minutc Book Number 32
Board of Supervisors Regular Meeting of 03/28/07