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June 14 2017 Closed Session and Regular Meeting Minutes424 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, June 14, 2017, beginning at 4:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice -Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann -Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors convened in closed session pursuant to Section 2.2-3711 A (1) of the Code of Vi• rginia, 1950, as Amended, for discussion of personnel matters, specifically, the annual evaluation of the County Administrator and the County Attorney; and pursuant to Section 2.2-3711 A (3) of the Code of Virginia, 1950, as Amended, for discussion or consideration of the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Ewing, the Board of Supervisors came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S.-DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion by Vice -Chairman Fisher, seconded by Supervisor Dunn, the Board certified that to the best of each Board Member's knowledge that only personnel matters, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 425 specifically the annual evaluation of the County Administrator and the County Attorney, pursuant to Section 2.2-3711 A (1) of the Code of Virginia, 1950, as amended, and consideration concerning the acquisition of real property for a public purpose, and of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to Section 2.2-3711 A (3) of the Code of Virginia, 1950, as amended, were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Slaughter, the Board certified the evaluations of the County Administrator and County Attorney. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye Chairman DeHaven announced the Board would recess until its 7:00 P.M. regular meeting. REGULAR MEETING - CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Vice Chairman Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Lofton led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED County Administrator Brenda Garton stated there were no changes to the agenda. Upon a motion made by Supervisor Ewing, seconded by Vice Chairman Fisher, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 426 Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CONSENT AGENDA - APPROVED Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the following items under the consent agenda: - Minutes — Closed Session and Regular Meeting of April 26, 2017 - Tab A; - Resolutions on Behalf of Shenandoah University - Tab C; - Request to Schedule a Public Hearing on the Conveyance of Security Drive — Tab D; - Transportation Committee Report — Tab E. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes of the Closed Session and Regular Meeting of April 26, 2017 were approved under the consent agenda. COUNTY OFFICIALS COMMITTEE APPOINTMENTS DAN MARTIN JAMES E. RICHARD JR. AND KAREN B. HELM REAPPOINTED TO THE WINCHESTER-FREDERICK COUNTY TOURISM BOARD -APPROVED Upon a motion made by Supervisor Ewing, seconded by Supervisor Wells, Dan Martin James E. Richard, Jr. and Karen B. Helm were reappointed, contingent upon approval by the City of Winchester, to the Winchester -Frederick County Tourism Board for a three year term, said term to expire June 30, 2020. The above motion was approved by the following recorded vote: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 427 Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye GENE E. FISHER REAPPOINTED TO THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY AS A BOARD OF SUPERVISORS REPRESENTATIVE - APPROVED Upon a motion made by Supervisor Lofton, seconded by Supervisor Slaughter, Gene E. Fisher was reappointed to the Frederick County Conservation Easement Authority, as a Board of Supervisors representative, for a three year term, said term to commence August 24., 2017 and expire August 24, 2020. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P, Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye RESOLUTIONS 4081-17 AND #082-17 ON BEHALF OF SHENANDOAH UNIVERSITY — APPROVED UNDER CONSENT AGENDA RESOLUTION (#081-17) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA CONCURRING WITH A FINANCING TO BE UNDERTAKEN BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA, TO BENEFIT SHENANDOAH UNIVERSITY WHEREAS, the Economic Development Authority of the Town of Mount Jackson, Virginia (the "Authority"), has received an application from Shenandoah University, a not -for -profit Virginia non -stock corporation (the "University"), requesting the Authority to issue its Educational Facilities Revenue Bond in an aggregate principal amount not to exceed $10,000,000 (the `Bond") to finance (1) the Project, as described on Exhibit A, and (2) issuance expenses incurred in connection with the issuance of the Bond; WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), states that an industrial development authority may not finance facilities in another jurisdiction that has created its own industrial development authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution;" WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") requires that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Bond is located approve the issuance of such Bond; WHEREAS, Section 147(f) of the Internal Revenue Code requires that any such approval by the applicable governmental unit be given after a public hearing following reasonable public notice, which hearing may be held by the public authority issuing the Bond; WHEREAS, on June 13, 2017, in accordance with the requirements of Section 147(f) of the Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 428 Internal Revenue Code and Section 15.2-4906 of the Virginia Code, the Authority held a public hearing and adopted a resolution (the "Resolution"), a copy of which has been filed with the records of the Clerk of the Board of Supervisors of the County; and WHEREAS, the University has requested the Board of Supervisors of the County to express its concurrence with the Resolution so that a portion of the net proceeds of the Bond may be loaned to the University to finance such portions of the Project to be located in the County. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors hereby approves the issuance of the Bond by the Authority for the benefit of the University; as required by Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, and concurs with the Resolution adopted by the Authority for the benefit of the University to the extent required by Section 15.2-4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bond to the University to finance the portion of the Project to be located in the County. 2. The approval of the issuance of the Bond does not constitute an endorsement of the Bond or the creditworthiness of the University. As required by Section 15.2-4909 of the Virginia Code, the Bond shall provide that the County will have no obligation to pay the Bond or the interest thereon or other costs incident thereto. 3. All acts and doings of the officers of the County and members of the Board of Supervisors that are in conformity with the purposes and intent of this resolution shall be, and the same hereby are, in all respects approved and confirmed. 4. This Resolution shall take effect immediately. RESOLUTION (#082-17) OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA CONCURRING WITH A FINANCING TO BE UNDERTAKEN BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF WOODSTOCK, VIRGINIA, TO BENEFIT SHENANDOAH UNIVERSITY WHEREAS, the Economic Development Authority of the Town of Woodstock, Virginia (the "Authority"), has received an application from Shenandoah University, a not -for -profit Virginia non -stock corporation (the "University"), requesting the Authority to issue its Educational Facilities Revenue Bond in an aggregate principal amount not to exceed $10,000,000 (the "Bond") to finance (1) the Project, as described on Exhibit A, and (2) issuance expenses incurred in connection with the issuance of the Bond; WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), states that an industrial development authority may not finance facilities in another jurisdiction that has created its own industrial development authority "unless the governing body of such county, city or town in which the facilities are located or are proposed to be located, concurs with the inducement resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution;" WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") requires that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Bond is located approve the issuance of such Bond; WHEREAS, Section 147(f) of the Internal Revenue Code requires that any such approval by the applicable governmental unit be given after a public hearing following reasonable public notice, which hearing may be held by the public authority issuing the Bond; WHEREAS, on June 6, 2017, in accordance with the requirements of Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, the Authority held a public hearing and adopted a resolution (the "Resolution"), a copy of which has been filed with the records of the Clerk of the Board of Supervisors of the County; and WHEREAS, the University has requested the Board of Supervisors of the County to express its Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 429 concurrence with the Resolution so that a portion of the net proceeds of the Bond may be loaned to the University to finance such portions of the Project to be located in the County. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors hereby approves the issuance of the Bond by the Authority for the benefit of the University, as required by Section 147(f) of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, and concurs with the Resolution adopted by the Authority for the benefit of the University to the extent required by Section 15.2-4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bond to the University to finance the portion of the Project to be located in the County. 2. The approval of the issuance of the Bond does not constitute an endorsement of the Bond or the creditworthiness of the University. As required by Section 15.2-4909 of the Virginia Code, the Bond shall provide that the County will have no obligation to pay the Bond or the interest thereon or other costs incident thereto. 3. All acts and doings of the officers of the County and members of the Board of Supervisors that are in conformity with the purposes and intent of this resolution sball be, and the same hereby are, in all respects approved and confirmed. 4. This Resolution shall take effect immediately. REQUEST TO SCHEDULE A PUBLIC HEARING ON THE CONVEYANCE OF SECURITY DRIVE — (DATE OF DULY 12, 2017 SCHEDULED) - APPROVED UNDER CONSENT AGENDA - COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Transportation Committee met on May 22, 2017 at 8:30 a.m. Members Present Members Absent Gary Lofton — Chairman (voting) Mark Davis (liaison Middletown) Judith McCann -Slaughter (voting) Barry Schnoor (voting) James Racey (voting) Gene Fisher (voting) Lewis Boyer (liaison Stephens City) Gary Oates (liaison PC) Gregory Unger (PC Liaison filling in for Gary Oates) None. ***Items Requiring Action*** ***Items Not Requiring Action*** 1. Interstate, Primary, and Secondary Road Plan Updates This item was reviewed and recommended for approval by the Committee, but appears independently on the Board of Supervisors agenda due to its status as a public hearing item, 2. County Projects Update Snowden Bridge Boulevard: Stub connection from Snowden Bridge Boulevard to Milburn Road is complete and that will be the last step of the project prior to requesting adoption into the State System of Highways. Tevis Street Extension/Airport Road/I-81 Bridge: Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 430 Bridge design is ongoing and draft environmental documents for VDOT have been received. Bridge design has reached 75% and comments have been received. Pennon is incorporating the recent round of comments on the TIA, as well as incorporating additional scenarios to evaluate a potentially reduced section for the Northern Y. The updated TIA is expected June 7, 2017. Comments have been received on the roundabout from the Roundabout Committee in Richmond and our consultant is working on addressing those. Renaissance Drive: TPOF agreements have been received from VDOT. Evaluating with the Board of Supervisors on the status of revenue sharing matching funds prior to beginning of design. Completing new project documentation for CSX through the County Attorney. Valley Mill Road Realignment: Private partner has indicated a desire not to continue the project. Staff is following up to clarify their intentions. Coverstone Drive: No activity at this time. ,Iubal Early Drive Extension and Interchange with Route 37: Staff has participated in a number of recent meetings regarding the status of previous design work and permits. 3. Other Staff relayed Supervisor Fisher's concerns regarding VDOT's reluctance to use advance warning flashers that indicate when the signal ahead will be changing for signalized intersections with poor sight distance and noted it will be on an upcoming agenda. Staff reported on their recent attendance at the I-81 Corridor Coalition and noted that it was a very good event. Progress of the Exit 310 construction project was also noted. PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF CEDAR _CREEK BATTLEFIELD FOUNDATION (PATRICK KEHOE). PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86, FESTIVALS; SECTION 86-3, PERMIT REQUIRED• APPLICATION; ISSUANCE OR DENIAL; FEE; PARAGRAPH D TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF CEDAR CREEK BATTLEFIELD FOUNDATION 8437 VALLEY PIKE MIDDLETOWN VIRGINIA BACK CREEK MAGISTERIAL DISTRICT PROPERTY OWNED BY CEDAR CREEK BATTLEFIELD FOUNDATION - APPROVED Patrick Kehoe, addressed the Board on behalf of this request and stated this land is core battlefield land and asked for approval of the permit request. Supervisor Slaughter asked about the new event for kids that was part of this request. Mr. Kehoe stated this was a new event this year for kids and would be held on the coming weekend. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 431 Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion made by Supervisor Lofton, seconded by Supervisor Wells, the twelve month outdoor festival permit request of Cedar Creek Battlefield Foundation was approved as presented. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUISINESS PUBLIC HEARING PUBLIC HEARING - DRAFT UPDATE OF THE 2017-2018 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS - THE PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS ESTABLISH PRIORITIES FOR IMPROVEMENTS TO THE PRIMARY AND INTERSTATE ROAD NETWORKS WITHIN FREDERICK COUNTY. COMMENTS FROM THE TRANSPORTATION COMMITTEE WILL BE FORWARDED TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. ULTIMATELY, THE PRIORITIES ADOPTED BY THE BOARD OF SUPERVISORS WILL BE FORWARDED TO THE COMMONWEALTH TRANSPORTATION BOARD FOR CONSIDERATION. THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF SUPERVISORS FOR THE COUNTY OF FREDERICK, VIRGINIA, IN ACCORDANCE WITH SECTION 33.2-331 OF THE CODE OF VIRGINIA, WILL_ CONDUCT A JOINT PUBLIC HEARING. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE PUBLIC COMMENT ON THE PROPOSED SIX YEAR PLAN FOR SECONDARY ROADS FOR FISCAL YEARS 2018 THROUGH 2O23 IN FREDERICK COUNTY AND ON THE SECONDARY SYSTEM CONSTRUCTION BUDGET FOR FISCAL YEAR 2018. COPIES OF THE PROPOSED PLAN AND BUDGET MAY BE REVIEWED AT THE EDINBURG OFFICE OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION LOCATED AT 14031 OLD VALLEY PIKE EDINBURG VIRGINIA OR AT THE FREDERICK COUNTY OFFICES LOCATED AT 107 NORTH KENT STREET WINCHESTER VIRGINIA. ALL PROJECTS IN THE SECONDARY ROAD IMPROVEMENT PLAN THAT ARE ELIGIBLE FOR FEDERAL FUNDS WILL BE INCLUDED IN THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) WHICH DOCUMENTS HOW VIRGINIA WILL OBLIGATE FEDERAL TRANSPORTATION FUNDS. PERSONS REQUIRING SPECIAL ASSISTANCE TO ATTEND AND PARTICIPATE IN THIS HEARING SHOULD CONTACT THE VIRGINIA DEPARTMENT OF TRANSPORTATION AT 1-800-367-7623 - APPROVED Assistant Planning Director — Transportation John Bishop addressed the Board regarding Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 432 this item. He stated this is an annual update and that the Secondary Road Plan requires a public hearing per state code. He began by reviewing the Interstate Road Improvement Plan. He stated there were no significant changes to Exit 310 and that it had been updated from Phase Ito Phase II. He stated with regard to the Primary Road Improvement Plan, there were no changes since last year. Mr. Bishop stated that on the Secondary Road Improvement Plan, the major road project was Sulphur Springs Road. He stated the update included the re -ranking of projects and that Old Baltimore Road and Babbs Mountain Road were promoted to the scheduled list for non -hard surfaced roads. He concluded by saying the Transportation Committee and Planning Commission recommended approval of the plans. Supervisor Dunn asked Mr. Bishop to explain how Sulphur Springs Road at the intersection of Greenwood Road would be affected. Mr. Bishop stated it would improve sight distance. Supervisor Dunn referred to the "s" curve intersecting, that there were a lot of accidents there, especially during inclement weather. Mr. Bishop agreed; however, that was not a part of Sulphur Springs Road. Supervisor Wells asked if there was any hope for Laurel Grove Road in the near future, as he drives that road a lot. Mr. Bishop stated he would need to defer to VDOT; he thought it was 20-21 on the list for the first segment, but felt that was conservative. Supervisor Wells stated he would also Iike to see something aggressive for Huddle Road. Supervisor Ewing asked about the Six -Year Improvement Plan. Mr. Bishop replied that is the Secondary Road Improvement Plan Smart Scale program. He stated it was a new state program; that new projects have to go through a new application process for statewide funding and that it was a competitive process. Supervisor Slaughter asked about Timberlakes Lane and Sir Johns Road on the Unscheduled Non -Hard Surfaced Road list. She noted they have significant traffic counts. Mr. Bishop stated he would have to defer to VDOT. Chairman DeHaven convened the public hearing, There were no public comments. Chairman DeHaven closed the public hearing. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 433 Supervisor Ewing asked how roads are prioritized. Mr, Bishop stated Frederick County adopted a qualitative process that considered the number of incidents, drainage, buses, width, etc. He stated roads with the highest scores get promoted. He stated the Board of Supervisors has the authority to change the process. He noted that every time funds become available, roads get re -qualified. have. Supervisor Lofton stated that VDOT has complimented the county on the process they Supervisor Ewing stated he felt the public should know how the process works. Upon a motion made by Supervisor Lofton, seconded by Supervisor Wells, the Board approved the 2017-2018 Frederick County Interstate Road, Primary Road, and Secondary Road Improvement Plans. RESOLUTION (#083-17) 2017-2018 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on May 22, 2017; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 7, 2017; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2017-2018 Interstate Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; _ NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2017-2018 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2017-2018 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 14, 2017. RESOLUTION (9084-17) 2017-2018 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on May 22, 2017; and, Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 434 WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 7, 2017; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing, and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2017--2018 Primary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2017-2018 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2017-2018 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 14, 2017. RESOLUTION (#085-17) 2017-2018 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Section 33.2-331 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six -Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on May 22, 2017; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 7, 2017; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2017-2018 Secondary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The 2017-2018 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2017-2018 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14117 County of Frederick, Virginia 435 presented at the public hearing held on June 14, 2017. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gene E. Fisher Aye Gary A. Lofton Aye Judith McCann -Slaughter Aye Robert W. Wells Aye OTHER PLANNING ITEMS RESOLUTION TO ALLOW TRANSFER OF DEVELOPMENT RIGHTS (TDR) TO BE UTILIZED FOR PROFFER PAYMENTS WITHIN THE VILLAGE AT MIDDLETOWN — POSTPONED FOR 30 DAYS Chairman DeHaven stated he needed to abstain from discussion on this item and turned the gavel over to Vice Chairman Fisher. Assistant Planning Director Candice Perkins addressed the Board and presented this item. She stated staff received a request from Dave Holliday Construction to allow the use of extinguished Transfer of Development Rights (TDRs) to serve as monetary proffer payments within the Village at Middletown. She stated this development is located within the Town of Middletown but has proffers payable to Frederick County per the Joint Agreement for the Administration of Proffers. She further stated the site was originally rezoned in 2006, The proffers were revised in 2017. She went on to say that with the 2017 proffer revision an allowance to utilize extinguished TDRs, subject to Board of Supervisors' approval, was included. Ms. Perkins stated that The Village at Middletown proffered the following monetary contribution: • The Applicant shall contribute to the Town for transfer to the County the sum of $13,952.06 per single family detached dwelling unit for capital improvements to capital facilities located at Middletown Elementary School, Robert E. Aylor Junior High School, Sherando High School, or any newly constructed capital school facility which serves school age children of the Town of Middletown, payable upon the issuance of an occupancy permit for each single family detached unit. Per proffer 16.1 of the Village at Middletown — "Subject to approval by Frederick County, in lieu of the per unit monetary contributions for School Construction as provided above, the Applicant may extinguish a Transferrable Development Right (TDR) within Frederick County. No monetary proffers for School Construction shall be required for any dwelling unit constructed utilizing this method, but all remaining proffered commitments shall remain applicable to such dwelling units". She noted that proffer 16 stated the use of TDRs in lieu of the monetary contribution is subject to approval by the Board of Supervisors. She concluded by saying that, if approved, staff would oversee the severance and extinguishment of all TDRs utilized for the proffer payments. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County ofFrederick, Virginia 436 Supervisor Ewing asked if the school construction total amount would be waived. Ms. Perkins replied yes. Supervisor Ewing asked how a TDR would benefit the County as opposed to money. Ms. Perkins replied it would preserve rural land. Supervisor Ewing stated no money would go to the schools. Ms. Perkins replied yes. Supervisor Lofton stated that this would keep land rural which means no houses would be built which means there would not be students for the school, etc, Deputy County Administrator Kris Tierney stated that the concept of the TDR is taking the development from an area in which it is not preferable and applying those rights to an area where it is more preferable. He stated they have not seen a lot of this in Frederick County and that it creates more of a market for the development rights. Supervisors Slaughter asked about the implications of HB 549. Supervisor Lofton stated that this rezoning was already approved so new state legislation would not apply. County Attorney Rod Williams stated that was correct. Supervisor Dunn asked if the value of proffers change over time. Supervisor Dunn stated that if there is no TDR and if a farmer had 100 acres in a more rural area, and the farmer built one house per acre, you would need public services once roads are built. He stated he was trying to understand the indirect cost to the county and the eventual direct cost. Vice Chairman Fisher stated that by right, you would be relocating development from where you do not want it to where you do. Supervisor Lofton stated that it was the prerogative of the Board to turn down another request that might come before them. Supervisor Dunn stated that he had spoken to county staff and others and he would like to postpone this request for 30 days in order to get a better understanding of it. Supervisor Slaughter stated that she would second the motion. Supervisor Lofton stated that he did not see that a postponement was in the best interest as this has been in place. He stated the Board cannot determine the value; that is between the buyer and the seller. Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia 437 Supervisor Dunn stated that he felt the TDR was a good program but was concerned about funds. Supervisor Slaughter stated she concurred with Supervisor Lofton but felt that if a Supervisor needed more time to digest the issue that was her reason to second the postponement. Upon a motion made by Supervisor Dunn and seconded by Supervisor Slaughter, the request for the transfer of development rights to be utilized for proffer payments within the Village at Middletown was postponed for 30 days. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Abstained Blaine P. Dunn Aye Bill M. Ewing Nay Gene E. Fisher Aye Gary A. Lofton Nay Judith McCann -Slaughter Aye Robert W. Wells Aye Vice Chairman Fisher returned the gavel to Chairman DeHaven. BOARD LIAISON REPORTS There were no Board Liaison Reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn spoke with reference to the recent graduations. He stated that Dr. Sovine treated each graduate special and that he represented the county schools well. VaI-TrIflo?KN1 UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR WELLS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (7:52 P.M.) Charles S. DeHaven, Jr. Kris Tier y Chairman, Board of Supervisors Interim Clerk, of Sup rvisors Minutes Prepared By: i-YC�cS c-� Teresa J. Price Administrative Assistant County Administrator's Office Minute Book Number 42 Board of Supervisors Closed Session and Regular Meeting of 06/14/17 County of Frederick, Virginia