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February 11 2009 Regular Meeting230 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, February 11, 2009 at 6:45 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; Charles S. Deflaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (7) to discuss legal matters. 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 Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board came out of closed session and reconvened in Regular Session. 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 Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board certified that to the best of each board member's knowledge only Virginia Code Section 2.2 -3711 A (7) to discuss legal matters. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 02111/09 231 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye RECESS Aye Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board recessed until 7:15 p.m. 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 Gary A. Lofton Aye REGULAR MEETING - CALL TO ORDER Chairman Shickle reconvened the meeting. INVOCATION Reverend Dan Hesse, Harvesters of Hope, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that he had no changes to the agenda. Supervisor Lemieux advised that he and the other board members were in receipt of a letter from the applicant's attorney requesting Rezoning #14 -08 of Sovereign Village be postponed. Supervisor Lemieux stated that he would like to have this item removed from tonight's agenda and that it not be rescheduled until the applicants say they are ready. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 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 Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 232 CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: Request from Clean, Inc. Re: Proclamation — February 8 -14, 2009 as Children of Alcoholics Week — Tab C; Correspondence and Resolution from Winchester and Western Railroad Company Re: Rail Preservation Application — Tab D; - Parks and Recreation Commission — Tab H; Transportation Committee — Tab J; Waiver Request of Frances M. Jenkins —Tab N; and Road Resolutions: Shenandoah at Lake Frederick; Lynnehaven Subdivision, Sections 1, 2, and 3; and Red Bud Run — Tab O. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the consent agenda. 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 Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lemieux stated it was time for the Board to revisit the issue of postponements and whether to assess a fee for those initiated by applicants. Administrator Riley advised the Planning & Development staff would address that issue. MINUTES - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the minutes from the January 21, 2009 Budget Worksession. 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 Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 233 Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes, as amended, from the January 28, 2009 Regular Meeting. 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 Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS REAPPOINTMENT OF CHARLES E. TRIPLETT AS GAINESBORO DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board reappointed Charles E. Triplett as Gainesboro District representative to the Planning Commission. This is a four year appointment, said term to expire February 22, 2013. 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 Gary A. Lofton Aye REAPPOINTMENT OF LAWRENCE R. AMBROGI AS SHAWNEE DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board reappointed Lawrence R. Ambrogi as Shawnee District representative to the Planning Commission. This is a four year appointment, said term to expire April 28, 2013 The above motion was approved by the following recorded vote: I 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 Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting or 02 /11/09 234 UNDER CUlva>r:iv i t�v,...L•- in WHEREAS, it is anticipated that one e in f our chil th coduntlesstotherslare affected by parental is hurt by family alcohol abuse or alco drug use; and WHEREAS, there is strong scientific evidence that oholism than children of non - alcoholism runs in families with children of alcoholics being 2 to 4 times more likely to develop ale alcoholics; and AS, parental alcohol abuse is a significant factor in a large proportion of child WHERE abuse and neglect cases; and WHEREAS, young children of alcoholics exhibit symptoms of depression and anxiety to a great extent than children of non - alcoholics; and WHEREAS, young children of alcoholics often have difficulty in school and are more likely to be truant, drop out of school, repeat grades, or be referred to a school counselor or psychologist; and WHEREAS, children of alc others, c an wi void the negative effects of fam al alcoholism. professionals, teachers, clergy, an NOW, THEREFORE, BE IT RESOLVED the Frederick County Board of Supervisors does hereby proclaim February 8 -14, 2009 as CHILDREN OF ALCOHOLICS WEEK In Frederick County and 1 alcoholism a and reach out to Support the children help break and their fami lies. often surrounding familia ADOPTED this 11` day of February, 2009. This item was approved under the consent agenda. WHEREAS, t OF RAIL AND PUBLIC desi to file an the VIRGINIA DEPARTMENT for th A projects; and WHEREAS, the WINCHESTER & WESTERN RAILROAD has identified project are estimated to cost $1,177,676.00; and WHEREAS, the General Assembly, through enactment of the Rail Preservatie Program, provides for funding for certain improvements and procurement of railways in tl Commonwealth of Virginia; and WHEREAS, the WINCHESTER & WESTERN RR is an important element of t] WINCHESTER/FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the econon development of the WINCHESTERIFREDERICK COUNTY area, and provides relief to t highway system by transporting freight, and provides an alternate means of transports commodities; and Minute Book Number 34 Board of Supervisors Regular Meeting of 02 /11 /09 235 WHEREAS, THE COUNTY OF FREDERICK supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has established procedures for all allocation and distribution of the funds provided. NOW, THEREFORE, BE IT RESOLVED that THE COUNTY OF FREDERICK does hereby request the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $1,177,676.00 in FREDERICK COUNTY. This item was approved under the consent agenda. REQUEST FROM COMMISSIONER OF THE REVENUE FOR REFUNDS APPROVED County Administrator John R. Riley, Jr. advised this was a request from the Commissioner of the Revenue for refunds for: Gray Television Group in the amount of $2,879.12; and Beazer Homes Corporation in the amount of $30,652.43. The County Attorney reviewed same and indicated the refunds appear justified. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the request for refunds. 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 Gary A. Lofton Aye REQUEST FOR SUPPLEMENTAL APPROPRIATION CHEROKEE DAM FOUNDATION GROUTING PROJECT — SHAWNEELAND SANITARY DISTRICT - APPROVED Administrator Riley advised the Board had previously approved one supplemental appropriation relative to this project. He advised this second request was for $250,000 from the Sanitary District reserve fund. He went on say the committee was advised that staff had met with Virginia State Dam Inspector, Mr. Robert Van Lier, Y.E., earlier in the afternoon discuss the options available to retain the dam's certification. The option presented to and agreed upon by the SSDAC was that a certain portion of the grouting project be completed in accordance with the approved alteration permit for Cherokee Dam. In addition, the State would require a letter from our engineer of record, Mr. Daniel Hamric, P.E. of Triad Engineering, Inc., certifying that Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 236 the dam's foundation will be safe after completion of the grouting program. if the grouting program is completed as designed, a pipe would no longer be required to be installed through the dam to convert the lake into a detention pond; however, we will be required to perform additional monitoring of the dam and submit annual reports to the State. Upon a motion by Supervisor Lofton, seconded Supervisor Fisher, the Board approved the request. 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 Gary A. Lofton Aye SERVICES Chairman Shickle referred the Board to the correspondence in their agenda notebook. He stated there appeared to be three areas for the Board to consider: 1. Continue talks and exploration of total consolidation. 2. Continue talks and exploration of consolidation of selected services. 3. Meet with City Council. He then asked the board members for their thoughts. Vice - Chairman Ewing stated the Steering Committee spent a lot of time working on this issue, but he is not sure where he stands; however, he did not think the subject should be dropped. Supervisor Fisher stated the Board had an obligation to get to know the new city council members, but felt exploration of unification should move forward at a later time. Supervisor DeHaven agreed with Supervisor Fisher. He went on to say that he would like staff to identify potential opportunities for partial consolidation and he would like to continue the discussions in the future. Supervisor Lofton stated he had not found any support in the county for unification and he was not willing to spend a lot of time on this issue. He went on to say he did not have a Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 237 problem meeting with City Council. Supervisor Dove agreed with Supervisor DeHaven. He went on to say the citizens did not favor total consolidation, but there were some services that should be consolidated. Supervisor Lemieux stated it would be tough to begin the consolidation process now, given the tough economic times; therefore, he could not support it at this time. i Chairman Shickle polled the Board regarding the three areas addressed in Michael Foreman's letter: 1. Moving forward with some form of consolidation of selected services. Aye — Shickle, Ewing, DeHaven, Dove, and Fisher Nay — Lemieux and Lofton 2. Moving forward with total consolidation. Aye — None Nay — Shickle, Ewing, DeHaven, Dove, Fisher, Lemieux, and Lofton Chairman Shickle advised that he and Administrator Riley would investigate a joint meeting between the Board and City Council and they would get back to the Board regarding the details. This meeting will probably take place after the budget process. COMMITTEE REPORTS — I I PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 20, 2009. Members present were: Charles Sandy, Jr., P.W. Hillyard, III, Ronald Madagan, Patrick Anderson, Marty Cybulski, Gary Longerbeam, and Philip Lemieux. Items Requiring Board of Supervisors Action 1. None Submitted for Board Information Only 1. Election of Chairman — Mr. Madagan moved to nominate Mr. Charles Sandy, Jr. as Chairman, second by Mr. Hillyard, carried unanimously (6 -0). 2. Election of Vice - Chairman — Mr. Madagan moved to nominate Mr. P.W. Hillyard, III as Vice - Chairman, second by Mr. Cybulski, carried unanimously (6 -0). 3. Meeting Date, Time, and Place — The Commission will continue to meet the third Tuesday of each month at 7:00 p.m. in the first floor conference room, 107 N. Kent St. Standing Committee Reports 1. Building and Grounds Committee — Review Proposed Ball field Improvements a. Temporary Fence in the Outfield — Mr. Cybulski moved to let the Sherando IIigh School install temporary fencing in the outfield of Bennington Field at their expense, second by Mr. Madagan, carried unanimously (6 -0). Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 raul Z b. Closing in dugout on Bennington Field — The proposal failed for lack of a motion. c. Install announcers stand on Bennington Field — This proposal failed for lack of a motion. This item was approved under the consent agenda. PUBLIC WORKS COMMITTEE REPORT - APPROVED The Public Works Committee met on Tuesday, January 27, 2009 at 8:00 a.m. All members were present except Bob Wells and Gary Dove. ** *Items Requiring Action * ** 1. Cre ation of Green Advisory Commi - Ap proved The committee members reviewed and unanimously approved a request from County Administrator John R. Riley, Jr. to have the Public Works Committee also serve as the County's Green Advisory Committee. Mr. Riley indicated that Mr. Jonathan Turkel with the Parks and Recreation Department will serve as the county staff liaison for the Green Advisory Committee. (Attachment 1) Upon a motion by Supervisor Fisher, seconded by Supervisor Del3aven, 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 Gary A. Lofton Aye 2. Retrofittin Light Fixtures Four Story County Administrat Building - A rp oved Assistant County Administrator Kris Tierney presented a proposal to retrofit the fluorescent light fixtures in the four -story county office building using in -house labor provided by the Building Inspection Department. The cost of materials is estimated at $16,320. The committee unanimously approved the proposal subject to the approval of a transfer from the operational contingency fund by the Board of Supervisors. (Attachment 2) Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, 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 Gary A. Lofton Aye ** *Items Not Requiring Action * ** 1. Impact of Elimination of County Decal on Citizens' Conv enience Sites The elimination of county decals could have a negative impact on our operations at the Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 239 citizens' convenience sites. Our current operations rely on the decals to identify county residents who are permitted to utilize these sites for refuse disposal. Staff indicated that these sites would be subject to illegal dumping from citizens outside Frederick County if an alternative procedure is not established to identify local residents. Several alternatives were suggested by committee members including using decals at the sites, using drivers' licenses as identification and /or requesting that citizens provide vehicle registrations. Staff will evaluate these suggestions to determine the impact on the operations at the various sites and contact other counties which have experienced similar situations. We will report our findings at the next public works committee meeting. 2. Update on Grouting of Lake Cherokee Dam — Shawneeland To date, the contractor hired to grout the foundation under the Lake Cherokee Dam has pumped approximately 1,000 cubic yards of cement grout in voids under the dam in an effort to stop the leaks. In several instances, they have been successful in temporarily stopping the leak. However, with time, the leakage has managed to create new pathways around the grout. Staff has met on a regular basis with the Shawneeland advisory committee to keep them informed of the progress. On each occasion they have unanimously voted to continue the grouting program in an attempt to stop the leakage. To that end, staff requested a fund transfer and permission to exceed the maximum change order amount of ten (10) percent. These efforts will increase the grouting contract amount from $420,444 to $650,000. 3. Miscellaneous Reports a) Tonnage Report: Landfill (Attachment 3) b) Recycling Report (Attachment 4) c) Animal Shelter Dog Report (Attachment 5) d) Animal Shelter Cat Report (Attachment 6) TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on January 26, 2009 at 8:30 A.M. Members Present Members Absent James Racey (voting) Chuck DeHaven (voting) Dave Burleson (voting) Phil Lemieux (voting) Gary Oates (liaison PC) George Kriz (liaison PC) Lewis Boyer (liaison Stephens City) Mark Davis (liaison Middletown) ** *Items Requiring Action * ** NONE ** *Items Not Requiring Action * ** Due to lack of quorum, no votes were taken. Staff gave a brief update on TIA Standards, Development Impact Model, MPO Transit Study, and the January 31 Planning Commission Retreat. This item was approved under the consent agenda. PLANNING COMMISSION BUSINESS PUBLIC HEARING ITEMS Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 240 PUBLIC HEARING - REZONING #14 -08 OF SOVEREIGN VILLAGE, TO REVISE PROFFERS ASSOCIATED WITH REZONING #15 -99 SECTION TITLED RECREATION CENTER AND APPLICABLE TO 3.03 ACRES PARCEL. THE PROFFER REVISIONS PROPOSE MODIFICATIONS TO THE SOVEREIGN VILLAGE RECREATION CENTER. THE PROPERTY IS LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF ROSSMAN AND FARMINGTON BOULEVARD AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 65H- 13A -26A IN THE RED BUD MAGISTERIAL DISTRICT. — THIS ITEM WAS POSTPONED AT THE REQUEST OF THE APPLICANT. PUBLIC HEARING - REZONING #16 -08 FOR SPORTSPLEX SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES TO REZONE 6.02 ACRES FROM B3 (IN DUSTRIAL TRANSITION BUSINESS) DISTRICT TO TH B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS FOR COMMERCIAL USE. THE PROPERTY IS LOCATED ON COMMONWEALTH COURT ( ROUTE 1167) WEST AND ADJACENT TO INTERSTATE 81 AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER 75 -A -91C IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a request to rezone 6.02 acres from B3 (Industrial Transition Business) District to the B2 (General Business) District, with proffers, for a commercial use. She went on to say the applicant has proffered to prepare a new Traffic Impact Analysis should the site cease as an "Amusement and recreation services operated indoors" and a new primary use is proposed that would generate an Average Daily Trip count that would exceed the existing use. In addition, the applicant has proffered right -of -way for Interstate 81. She concluded by saying this proposal is consistent with the Comprehensive Plan. Patrick Sowers, Patton Harris Rust & Associates, appeared on behalf of the application and advised he was present to answer any questions. 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 Dove, the Board approved Rezoning #16 -08. 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 Gary A. Lofton Aye Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 241 OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #10 -08 OF I -81 DISTRIBUTION CENTER — FORWARDED TO STAFF Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposal to develop 59 acres zoned B3 (Industrial Transition) District. This I I project is consistent with the requirements of the Zoning Ordinance and is consistent with the Generalized Development Plan approved with the rezoning. She concluded by saying staff was prepared to approve this application. Denny Dunlap, Triad Engineering, appeared on behalf of the application. He thanked staff for their assistance. Supervisor DeHaven referred Mr. Dunlap to proffer 3.5, which addressed the proposed inter - parcel collector. He hoped the applicant would preserve some flexibility with regard to the location of this connector. Mr. Dunlap responded that he shared the same concerns and agreed to be flexible regarding the location. Supervisor DeHaven asked Mr. Dunlap to amend the note on the MDP to reflect that II commitment. Mr. Dunlap agreed. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board forwarded MDP #10 -08 to staff. 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 Gary A. Lofton Aye WAIVER REQUEST OF FRANCES M JENKINS APPROVED UNDER CONSENT AGENDA This was a request for an exception from the minimum lot size requirements of Section 144 -41 (C) (1) (b) of the Frederick County Code to enable a boundary line adjustment between two parcels, resulting in one parcel consisting of 2.5 acres and another parcel of 16 acres. The property is located 1.9 miles south of the intersection of Round Hill Road (Route 803) and Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 242 Singhass Road (Route 620) in the Back Creek Magisterial District. This item was approved under the consent agenda. ROAD RESOLUTIONS — APPROVED UNDER CONSENT AGENDA SH ENANDOAH AT LAKE FREDERICK — (RESOLUTI #043 -09) - 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 WHEREAS, the County and the Virginia Department of Transportation 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 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. LYNNEHAVEN SUBDIVISION SECTIONS 1 2 AND 3 — (RESO LUTION # 044- 09) - 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 WHEREAS, the County and the Virginia Department of Transportation of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and WHEREAS, this Board assumes total responsibility for all cost and expense incurred to correct faulty workmanship or materials associated with the construction of one or more of the roads and/or related drainage facilities described on the attached AM -4.3 form for a period of one calendar year after the date of the passage of this resolution. 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- Minute Book Number 34 Board of Supervisors Regular Meeting of 02 /11/09 243 way, as described, and any necessary easements for cuts, tills 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. RED BUD RUN — (RESOLUTION #045 -09) - 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 WHEREAS, the County and the Virginia Department of Transportation of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and WHEREAS, this Board assumes total responsibility for all cost and expense incurred to correct faulty workmanship or materials associated with the construction of one or more of the roads and /or related drainage facilities described on the attached AM -4.3 form for a period of one calendar year after the date of the passage of this resolution. 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 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 Supervisor Dove asked Chairman Shickle to share with the other Board members the details of their meeting with Senator Webb to discuss the proposed PATH transmission line. Chairman Shickle responded that members of the Virginia localities affected by the proposed PATH transmission line had requested meetings with Senators Webb and Warner and Governor Kaine. They did receive an audience with Senator Webb on Tuesday, February 10, Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09 244 2009. The group traveled two hours for a nine minute meeting and traveled two hours home. They have not yet received responses from Governor Kaine or Senator Warner regarding a possible meeting. He went on to say there was a citizens' group meeting tomorrow night at 6:00 p.m. at James Wood High School to oppose the PATH line. Supervisor Fisher asked if there was any news from the General Assembly regarding early voting. Administrator Riley responded staff has not heard anything, but would check the status of that proposal. Supervisor Lofton stated during this past election there were no long lines, no problems, etc.; therefore, this proposal is an unnecessary burden on the county in order to fix something that is not broken. ADJOURN 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. (7:47 P.M.) Richard C. Shickle Chairman, Board of Supervisors John It. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: Jay E. jibW Deputy Clerk, Board of Supervisors Minute Book Number 34 Board of Supervisors Regular Meeting of 02/11/09