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November 08 2017 Closed Session and Regular Meeting Minutes135 A Closed Session and Regular Meeting of the Frederick County Board of Supervisors were held on Wednesday, November 8, 2017, beginning at 6:15 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 made by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors convened in closed session pursuant to Section 2.2-3711 A (8) of the Code of Vir inia, 1950, as Amended, for consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by such counsel; 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 estate 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 made 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 136 Upon a motion made by Vice -Chairman Fisher, seconded by Supervisor Lofton, the Board certified that to the best of each Board Member's knowledge that only the consultation with legal counsel regarding a specific legal matter requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 A (8) of the Code of Vir inia, 1950, as Amended, and discussion of the acquisition of real property for a public purpose, and of the disposition of publicly held real estate 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 Ewing, the Board of Supervisors authorized the County Administrator to execute appropriate documents with Carmeuse consistent with discussion in Closed 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 The Board recessed until its regular meeting, 7:00 P.M. 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 Kris Tierney stated there was one addition to the agenda under Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 137 County Officials, the recognition of 4-H ambassadors. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Lofton, the Board approved the amended agenda 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 CONSENT AGENDA — APPROVED County Administrator Kris Tierney requested to remove Tab C from the Consent Agenda, Resolution to Authorize the County Administrator to Execute an Addendum to the Northern Shenandoah Valley Substance Abuse Coalition MOU for the Use of the Timbrook House, as there was an additional revision recommended to the MOU. Upon a motion made by Supervisor Ewing, seconded by Supervisor Dunn, the Board approved the following item under the consent agenda: - Public Works Committee Report — Tab D. 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. COUNTY OFFICIALS PRESENTATION OF RESOLUTIONS OF APPRECIATION FOR RETIREES WITH 25 OR MORE YEARS OF SERVICE WITH FREDERICK COUNTY: CHARLES "STEVE FRYE AND KARL H. STEUDL Steve Frye and Karl Steudl were present to accept their resolutions of appreciation. RECOGNITION OF 4-H AMBASSADORS Deputy County Administrator Jay Tibbs stated there were five 4-H ambassadors that Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08117 County of Frederick, Virginia 138 were in attendance to be recognized. He stated that to become an ambassador, students fill out an application, write an essay and undergo an interview process. Brandon McDonald, Senior at James Wood High School Ethan Whitacre, Freshman at James Wood High School Hunter Shoemaker, Junior at Sherando High School Mr. Tibbs stated these 4-H ambassadors were recognized for shooting, that there were eighteen shooting ambassadors in Virginia. Morgan Strickler, Senior at Sherando High School Camryn Madagan, Senior at Sherando High School Mr, Tibbs stated these 4-H ambassadors were recognized for the horse industry in Virginia and there were twelve ambassadors in the horse industry in Virginia. COMMITTEE APPOINTMENTS ROBERT MOLDEN APPOINTED TO SERVE AS OPEOUON DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion made by Supervisor Wells, seconded by Supervisor Slaughter, Robert Molden was appointed to serve as the Opequon District representative on the Frederick County Historic Resources Advisory Board for a four year term, said term to expire November 8, 2021, 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 SCOTT STRAUB APPOINTED TO SERVE AS RED BUD DISTRICT REPRESENTATIVE ON THE FREDERICK COUNTY HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion made by Supervisor Dunn, seconded by Supervisor Wells, Scott Straub was appointed to serve as the Red Bud District representative on the Frederick County Historic Resources Advisory Board filling a vacated seat, said term to expire July 8, 2019. 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 Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 130 Judith McCann -Slaughter Aye Robert W. Wells Aye BETSY BRUMBACK NOMINATED FOR REAPPOINTMENT TO THE FREDERICK COUNTY BOARD OF EQUALIZATION — APPROVED Upon a motion made by Supervisor Lofton, seconded by Supervisor Wells, Betsy Brumback was nominated for reappointment to the Frederick County Board of Equalization for a three year term, said terns to expire December 31, 2020. Final appointment rests with the Judge of the Circuit Court. RESOLUTION (#037-17) AND PERFORMANCE AGREEMENT FOR NAVY FEDERAL CREDIT UNION — APPROVED County Administrator Kris Tierney presented this request and stated that Navy Federal Credit was expanding its operation in Frederick County. Economic Development Authority Director Patrick Barker was present to answer any questions. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Slaughter, the resolution and performance agreement for Navy Federal Credit Union was approved. Resolution NAVY FEDERAL CREDIT UNION WHEREAS, NAVY FEDERAL CREDIT UNION has made known its intent to expand its operation by making new real property and furniture, fixtures and equipment improvements and retain and create jobs; and BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve a General Fund Supplemental Appropriation and an Economic Development Authority Supplemental Appropriation in the amount of $2,000,000.00 for a Local Economic Development Incentive Grant as stated in the executed Performance Agreement to assist in expanding the operation for NAVY FEDERAL CREDIT UNION in Frederick County, Virginia. BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby approve and appropriate the payment of $2,000,000.00 to the Economic Development Authority of Frederick County, Virginia from the Commonwealth Opportunity Fund to assist in expanding the operation for NAVY FEDERAL CREDIT UNION in Frederick County, Virginia. BE IT RESOLVED, that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Bill M. Ewing Aye Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 140 Gene E. Fisher Aye Gary A. Lofton Aye Judith McGann -Slaughter Aye Robert W. Wells Aye RESOLUTION (038-17) TO AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE AN ADDENDUM TO THE NORTHERN SHENANDOAH VALLEY SUBSTANCE ABUSE COALITION MOU FOR THE USE OF THE TIMBROOK HOUSE — APPROVED WITH ADDED LANGUAGE TO THE ADDENDUM County Administrator Kris Tierney presented the resolution for the addendum to the Northern Shenandoah Valley Substance Abuse Coalition MOU for the use of the Timbrook House. He stated that at the June 22, 2016 meeting of the Board of Supervisors, the Board approved a Memorandum of Understanding between the various localities that make up the Northern Shenandoah Valley Substance Abuse Coalition. He stated the purpose of the MOU was to outline the responsibilities and expectations of the various parties. He stated, per the original MOU, neither Frederick County nor any of the other parties were required to provide any additional funding other than the awarded grant funds from the Bureau of Justice Assistance Adult Drug Court Discretionary Fund. He further stated this MOU was approved as part of the Board's consent agenda at that meeting. He stated, since that time, an addendum to the existing MOU had been proposed, which would enable the City of Winchester, at its sole discretion, to provide space located at 305 E. Piccadilly Street (aka the Timbrook House) to be used by the NSVSAC for office space for the operation of the Northwestern Regional Adult Drug Treatment Court for $1.00 per year. He further stated that because the original MOU was approved by the Board of Supervisors, the proposed addendum was being presented to the Board for consideration and action. He stated there was an additional provision recommended for inclusion in the proposed MOU that was handed out at the meeting. The provisions of paragraph 7 of the MOU, that the parties to the MOU shall not be required to provide any additional funding other than the awarded grant funds and shall not receive invoices from NSVSAC outside the scope of the grant funds, shall apply likewise to all matters within the scope of the addendum. He concluded by stating that if the Board concurs with the amended addendum, staff was seeking approval of the resolution to authorize the County Administrator to sign the addendum on behalf of the County. Supervisor Slaughter asked if this replaced number 7 in the addendum that was in the Board's packet. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 141 County Attorney Rod Williams replied it would not replace, it would add number 14. Upon a motion made by Supervisor Slaughter, seconded by Supervisor Wells, the amended addendum to the Northern Shenandoah Valley Substance Abuse Coalition MOU for the use of the Timbrook House was approved. RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN ADDENDUM TO THE NORTHERN SHENANDOAH VALLEY SUBSTANCE ABUSE COALITION MOU FOR THE USE OF THE TIMBROOK HOUSE WHEREAS, the Northern Shenandoah Valley Substance Abuse Coalition operates the Northwestern Regional Drug Treatment Court program and is in need of office space; and WHEREAS, the City of Winchester currently owns the Timbrook House; and WHEREAS, there is no current utilization of the Timbrook House; and WHEREAS, execution of the attached addendum would provide the Northern Shenandoah Valley Substance Abuse Coalition with much needed office space in the Timbrook House for the operation of the Northwestern Drug Treatment Court program; and WHEREAS, all terms and conditions cited within the attached addendum require strict adherence. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia hereby authorize the County Administrator to execute the attached addendum. ADOPTED this 81b day of November, 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 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, October 31, 2017, at 8.00 a.m. All members were present except James T. Wilson. The following items were discussed: ***Items Not Requiring Action*** 1. Capital Improvement Plan (CIP) Departmental Request for 2018-2023. Recently, staff received packages from the Planning Department to submit any potential CIP projects. In looking at the Public Works Department needs, we determined there are two potential projects that should be included with the CIP request. Both projects are in the Refuse Collection budget and involve upgrades and/or a new site to replace an existing site. Summary of CIP Request 91: Proposing to relocate a new site for the Albin Convenience Center located near the intersection of Route 522 North and Indian Hollow Road across from the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 142 Virginia Farm Market. The site has been in operation for many years and is too small of a site and creates major safety concerns with traffic flow into and out of the site. The Albin site is also the most used site outside of the Landfill with an average of 654 vehicles per day. We have proposed a total cost to relocate the site for $1,359,000,00. This price includes purchasing property and design work in the Fiscal Year 2019 budget. The rest of the costs totaling $1,224,000.00 would be applied in the Fiscal Year 2020 budget.. Summary of CIP Request #2: Proposing to modify the existing Gore Convenience Site located along Sand Mine Road in the Gore community. Currently, the site has 10 boxes that are 8 years old. We are proposing to expand the site and locate a compactor unit on site. The current site would have to be enlarged, unit and hopper placed and other work performed. The upgrade to this site would reduce the overall hauling costs significantly. It would provide much greater service to the local community. The proposed expenditures for this site would be $30,000.00 in Fiscal Year 2020 for engineering and $624,000.00 in Fiscal Year 2021 for construction with a total cost of $654,000.00. The Public Works Committee endorsed these CIP requests and I will be forwarding them to the Planning and Development staff for further consideration. 2. Update on the New Stephenson Convenience Site. Funding for the project has been secured and we anticipate awarding the contract within the next two weeks. Utility work has begun, and the site plan is approved. We anticipate construction beginning soon depending on the weather with a proposed project completion date of June 2018. We anticipate opening the new site by July 1, 2018. We continue to work with Carmeuse in extending use at the current Clearbrook site as long as we can. The lease for the site expires on December 31, 2017. 3. Updates on Solid Waste Surveys, Recycling and Litter Programs. The solid waste survey provided a recent vehicular poll of trips per day at our 10 convenience centers. We also updated the committee on our current recycling rates for Frederick County of 52.5% which exceeds the state mandate of 25%. Our regional electronics recycling program has had some increase of use over the past year with a total of 248 tons of materials recycled. Also, we updated the committee on the county's clean sweep program of roadside trash pick-up utilizing the Regional Jail trustees. They collected 26 tons of roadside litter during Fiscal Year 2017. The program is very successful and performs a very important service to the community. 4. Miscellaneous Reports: a. Tonnage Report b. Recycling Report c. Animal Shelter Dog Report d. Animal Shelter Cat Report TRANSPORTATION COMMITTEE REPORT - APPROVED Assistant Planning Director -Transportation John Bishop presented the Transportation Committee Report. The Transportation Committee met on Monday, October 30, 2017 at 8:30 a.m. Members Present Gary Lofton Chairman (voting) Judith McCann -Slaughter (voting) James Racey (voting) Barry Schnoor (voting) Kevin Kenney (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) Gene Fisher (voting) Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 143 The Committee submits the following: ***Items Requiring Action*** 3. Secondary Funds Transfer Staff is working with VDOT to avoid the loss of secondary funds to the SmartScale Program. To accomplish this, they are seeking full funding of the Redbud Road. The summary of the transfer is the existing funding of Redbud Road in the amount of $349,067.00 along with transfers from Warrior Drive, Brucetown Road and Carter Lane in the amount of $462,005.00. The future year allocations used in the amount of $1,025,815,00. Upon a motion by Ms. Slaughter -McCann, seconded by Mr. James Racey, the Committee recommended to forward this transfer to the Board of Supervisors to authorize the County Administrator to request the transfer to Redbud Road. The motion was unanimously approved. Mr. Bishop stated staff requested to transfer secondary funds to the Red Bud Road Alignment Project from the Warrior Drive, Brucetown Road and Carter Lane projects in order to avoid the loss of secondary funds to the SmartScale Program. He stated this request, if approved, could be relayed to VDOT by letter or email. Supervisor Lofton asked, for the public's knowledge, what the SmartScale Program was and why this was being requested. Mr. Bishop stated the SmartScale Program was a fairly new and competitive program of secondary funds targeted to our locality for smaller scale roads. He stated this was the last pot of secondary funds and needed to be transferred to this project in order to keep the funds local. Upon motion made by Supervisor Lofton, seconded by Supervisor Slaughter, the above request 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 ***Items Not Requiring Action*** 1. Capital Improvement Program Update A brief overview of the Capital Improvement Program was presented to the Committee. This program is updated annually and is used as a guide in the planning and programming of the capital expenditures. It does not necessarily mean that the County directly funds the projects. The cost is updated by VDOT. The changes to the program are Fox Drive, Route 277 right turn lane at Warrior, Papermill Road right turn lane at Route 522 are being moved from unfunded to funded based upon the success of the SmartScale application. The project description has been updated for the Airport Road, Tevis Extension, and Bridge project. Also, the map has been updated. Staff noted this item will proceed to the Board of Supervisors as Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 144 part of the overall CIP update. Upon a motion by Ms. Slaughter -McCann, seconded by Mr. Racey, the Committee forwarded this update of the transportation section of the Capital Improvement Program to the Board of Supervisors with recommendation for approval. The motion was unanimously approved. 2. Eastern Road Plan Update The Eastern Road Plan is a foundation of the transportation component of the Frederick County Comprehensive Plan. It outlines a transportation network to serve the Board of Supervisors' long-range vision for the development of the County. The Eastern Road Plan update is to primarily incorporate VDOT's work on Route 37 and Route 522 and clean up and clarify a number of other items. Attached, are a series of maps with details of the updates. Each highlighted area has a zoom in map that shows the update and comparison to the plan in greater detail. Updates are described as follows: 1. Route 37 Staff is seeking to incorporate updated VDOT work on Route 37 in order to have the needs shown be as up to date as possible. Included are ramps updated to more current standards ramp work where previously there had only been a note of a desire for an interchange, and updates to the centerline where needed for engineering purposes. At the proposed interchange for Snowden Bridge Boulevard there are two scenarios shown. One scenario shows an interchange with a spacing of 800 feet while the other interchange shows a spacing of 1,200 feet. There are positives and negatives to both designs. The 800 feet ramp spacing allows less room for stacking and as such would require future Snowden Bridge Boulevard to have features such as double lefts to adequately accommodate stacking. However, the reduced spacing results in a much smaller impact on the surrounding industrial property. The 1,200 feet ramp spacing scenario allows for better stacking and thus a narrower Snowden Bridge Blvd, but results in a much more significant right-of-way impact. 2. Independence Drive Alignment When zoomed in closely the current Eastern Road Plan shows an offset between Independence Drive and what was formerly known as the Channing Drive Extension, now Constitution. 'This update corrects the offset. 3. Lenior Drive — Slip Ramp Clarification For many years a ramp has been shown on the plan connecting Lenoir Drive to Route 37 at Stonewall Industrial Park. However, as drawn currently, it gives the impression that a vehicle could only exit Lenoir Drive onto southbound Route 37. The update clarifies that traffic could exit to southbound Route 37 and also exit from southbound Route 37. 4. Route 522 Realignment As part of their modeling and study surrounding Exit 313, VDOT analyzed the planned Route 522 realignment and has recommended the alignment shown in this update. The current plan has the Route 522 realignment intersecting with Route 50/17 at Ryco Lane while the proposed change realigns Route 522 to Prince Frederick Drive, The new alignment is preferable due to improved spacing from surrounding intersections and reduced direct impact on surrounding businesses. As part of this recommendation, VDOT vetted this improvement through the regional travel demand model. 5. Stephens City Bypass — Connector Road The Stephens City bypass does not have access to Route I I due to the close proximity to the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 14 future relocated Exit 307. This update incorporates the connector roadway from Stephens City planning that offers the first access back to Route 11 from the Stephens City bypass. 6. Tasker Road Alignment This update adjusts the alignment of Tasker Road to match the work completed by VDOT in the vicinity of I-81 Exit 310. Ms. Slaughter -McCann asked for clarification on the proffered amount of right-of-way for the Snowden Bridge interchange. Staff noted that it was about 95% of the 800 feet proposed option. Upon a motion by Mr. Schnoor, the Committee recommend that the 800 feet alternative for the Snowden Bridge Boulevard, as staff recommendation be forwarded to the Board of Supervisors for approval. Also, recommendation of the Committee to incorporate the changes outlined by staff into the Comprehensive Plan. The motion was seconded by Mr. Racey and passed unanimously. 4. County Project Updates Snowden Bridge Boulevard: The roadway is open to traffic and staff is beginning project final close out. Staff is still waiting for sign placement and striping that needs to be completed. Tevis Street Extension/Airport Road/1-81 Bridge: Full Bridge plans are undergoing review for final comment. Airport Road and the Roundabout are expected to be at 60% within 2 weeks. Environmental surveys are complete. On site test boring for signal pole design is expected shortly. Renaissance Drive: The Board of Supervisors has authorized Staff to execute the TPOF agreement. The pending Carbaugh rezoning application also has potential to impact this project with matching funds for revenue sharing. This rezoning is proceeding to the Planning Commission. Valley Mill Road Realignment: No activity at this time. Coverstone Drive: No activity at this time. Jubal Early Drive Extension and Interchange with Route 37: Communication was sent to the Applicants and noted that the County could make no further moves forward on the project until a revenue sharing agreement is in place. Following, a meeting was held at which the agreement was discussed, and staff is awaiting feedback from the Applicant. No new action as of this agenda, Staff has reached out to the Applicant's engineer and no update was provided. 5. Upcoming Agenda Items November/December MPO Route 11 South Stars Study December/January Oakdale Crossing Traffic Calming Study Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 146 SmartScale Applications Discussion 6. Other Business Staff noted that the Transportation Forum is expected to be held on December 5, 2017. PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86, FESTIVALS; SECTION 86-3, PERMIT REOUIRED; APPLICATION; ISSUANCE OR DENIAL; �FEE- PARAGRAPH D, TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF BELLE GROVE PLANTATION, 336 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. — APPROVED County Administrator Kris Tierney presented this request and stated this was an annual request and that a number of events are held at this site each year. Chairman DeHaven convened the public hearing. Kristen Laise, Director, was present on behalf of the request and thanked the Board of Supervisors and stated she was present to answer any questions the Board might have, There were no public comments. Chairman DeHaven closed the public hearing. Upon motion made by Supervisor Lofton, seconded by Vice Chairman Fisher, the request for a twelve month outdoor festival permit for Belle Grove Plantation 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 PUBLIC HEARING - PROPOSED CONVEYANCE TO THE FREDERICK COUNTY SANITATION AUTHORITY, DB/A FREDERICK WATER OF AN EASEMENT OVER AN AREA OF APPROXIMATELY 134171.75 SQUARE FEET 3.08 ACRES THE EASEMENT AREA BEING OVER A PORTION OF TAX PARCEL NUMBER 33-A-162B OWNED BY THE COUNTY - APPROVED County Administrator Kris Tierney presented this proposed easement conveyance. He stated the Parks and Recreation Commission met in September and considered the request of Frederick Water for an easement over an area of approximately 134,171.75 square feet (3.08 acres) and recommended approval. He stated due to the fact this easement was a conveyance of publicly held land, a public hearing was required. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 147 Chairman DeHaven convened the public hearing, Andy Wright, Back Creek District and Plant Manager with Carmeuse, addressed the Board and stated that Carmeuse had done a lot for the community, they had held a lot of events. He stated he would not recommend approval of the easement as Ciearbrook Park was not a good place to put a water tank. He stated it was the County's land and they could do what they wanted, but asked the Board not to approve this easement. Ron Madigan, Parks and Recreation Board member, addressed the Board and stated that he had spoken with Frederick Water Director Eric Lawrence. He stated Frederick Water would take down the existing tower and build a new one. He stated the Commission felt they would be swapping one water tower for another. He stated the Commission had no plans for the easement property. There were no further comments. Chairman DeHaven closed the public hearing. Upon a motion made by Vice Chairman Fisher, seconded by Supervisor Ewing, the easement to the Frederick County Sanitation Authority, d/b/a Frederick Water, was approved as presented. Supervisor Lofton stated the Board was approving the easement only. Vice Chairman Fisher stated that he was the Board of Supervisors liaison to the Sanitation Authority and there were multiple services for providing water. He stated he felt the reason Carmeuse was not in favor of this request was because they would lose income. 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 PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE III SENIOR CITIZENS AND DISABLED PERSONS EXEMPTION AND DEFERRAL, SECTIONS 155-16, 155-18, 155-19, AND 155-21. THE PROPOSED AMENDMENTS WOULD PERMIT SUBMISSION OF AFFIDAVITS OR WRITTEN STATEMENTS IN SUPPORT OF APPLICATIONS UNDER THE PROGRAM, UPDATE OWNERSHIP REQUIREMENTS TO CORRESPOND WITH CHANGES TO STATE LAW, AND MAKE MINOR TECHNICAL AMENDMENTS. - APPROVED Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 148 County Attorney Rod Williams presented this proposed ordinance amendment and stated these amendments had been reviewed during the Finance Committee meeting and were technical updates, Chairman DeHaven convened the public hearing. There were no public comments. Chairman DeHaven closed the public hearing Upon a motion made by Supervisor Slaughter, seconded by Supervisor Dunn, the above ordinance amendment to Chapter 155, Taxation, was approved. The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155- 16 (Definitions and word usage), 155-18 (Qualifications for exemption), 155-19 (Application for exemption; investigation of affidavit), and 155-21 (Changes in status) of Article III (Senior Citizens and Disabled Persons Exemption and Deferral) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, be and the same hereby is, amended by enacting amended Sections 155-16 (Definitions and word usage), 155-18 (Qualifications for exemption), 155-19 (Application for exemption; investigation of affidavit), and 155-21 (Changes in status) of Article III (Senior Citizens and Disabled Persons Exemption and Deferral) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect on January 1, 2018 (deletions are shown in bold strilietlrxeagh and additions are shown in bold underline): CHAPTER 155 Taxation ARTICLE III Senior Citizens and Disabled Persons Exemption and Deferral § 155-16 Definitions and word usage. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless another meaning shall clearly appear from the context: AFFIDAVIT OR WRITTEN STATEMENT The real estate tax exemption affidavit or written statement. DWELLING The sole residence of the person claiming exemption; provided, however, that the fact that a person who is otherwise qualified for tax exemption by the provisions of this article is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall not be construed to mean that the real estate for which exemption is claimed ceases to be the sole dwelling of such person during such period of other residence, so long as the real estate in question is not used by or leased to others for consideration. EXEMPTION The percentage exemption, allowable under the provisions of this article from the property tax imposed by the County . PERMANENTLY AND TOTALLY DISABLED As applied to a person claiming an exemption under this article, a person furnishing the certification or medical affidavits required by § 155-19 of this article and who is found by the Commissioner of the Revenue to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 149 TAXABLE YEAR The calendar year, from January 1 through December 31, for which such property tax exemption is claimed. § 155-17 Purpose. It is hereby declared to be the purpose of this article to provide real estate tax exemptions or deferrals for qualified property owners who are not less than 65 years of age or permanently and totally disabled and who are otherwise eligible according to the terms of this article. Pursuant to the authority of § 58.1-3210 et seq. of the Code of Virginia, the County finds and declares that persons qualifying for exemption hereunder are bearing an extraordinary real estate tax burden in relation to their income and financial worth. § 155-18 Qualifications for exemption. Exemptions pursuant to this article shall be granted to persons and for property complying with the following provisions: A. The title to the property for which exemption is claimed is held or partially held by the (i) by the eligible person alone or in coniunction with his spouse as tenant or tenants for life or joint lives, (i1) in a revocable inter vivos trust over which the eligible person or the eligible person and his spouse hold the power of revocation, or (iii) in an irrevocable trust under which an eligible person alone or in coniunction with his spouse possesses a life estate or an estate for .joint lives or enjoys a continuing right of use or support. An interest held under a leasehold or term of years does not qualify for relief under the provisions of this article. B. The dwelling for which the exemption is claimed is occupied as the sole dwelling of such claimant or claimants. C. If the dwelling for which the exemption is claimed is a mobile home, the dwelling must be a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. D. The person claiming such exemption is 65 years of age or older or permanently and totally disabled as of December 31 of the year immediately preceding the taxable year for which the exemption is claimed. E. Gross combined income. (1) The gross combined'income from all sources of such claimant owner or owners of such dwelling living therein, of their relatives living in such dwelling, and of each nonrelative who is not the bona fide tenant or bona fide paid caregiver of an owner living in the dwelling,, for the immediately preceding calendar year does not exceed the sum of $50,000 regardless of whether an income tax return was filed or was required to be filed, provided that the first $7,500 of any income received by any claimant owner as permanent disability compensation shall not be included in such total, and provided that the first $8,500 of income of each relative, other than the spouse of such claimant owner or owners, who is living in such dwelling, and of each nonrelative, who is living in such dwelling and who is not the bona fide tenant or bona fide paid caregiver of an owner living in the dwelling, shall not be included in such total. (2) Such gross combined income of the claimant owner or owners shall not include life insurance proceeds, nor shall it include proceeds from borrowing or other debt. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 15© The net combined financial worth of such claimant owner or owners, of their relatives living in such dwelling, and of each nonrelative who is not the bona fide tenant or bona fide paid caregiver of an owner living in the dwelling, as of December 31 of the year immediately preceding the taxable year for which the exemption is claimed, does not exceed $150,000, "Net combined financial worth" shall include the value of all assets, including equitable interests, exclusive of the fair market value of the dwelling for which exemption is claimed and of the land not exceeding one acre upon which it is situated. Furniture, fixtures and appliances in such exempt residence shall also be excluded from the net worth calculation, provided that they are normal and reasonable to the use and maintenance of the property as the residence of the qualifyin claimant owner or owners. Net worth is computed by subtracting liabilities from assets. G. If an owner qualifies for an exemption, and if the owner can prove by clear and convincing evidence that his physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a person move in and provide care for the owner, and if a person does then move in for that purpose, then none of the income of that person or of that person's spouse shall be counted towards the income limit, provided the owner of the residence has not transferred assets in excess of $10,000 without adequate consideration within a three-year period prior to or after that person moves into such residence. § 155-19 Application for exemption; investigation of affidavit or written statement. A. Annually and not later than April 1 of each taxable year, every person claiming an exemption under this article shall file a real estate tax exemption affidavit or written statement with the Commissioner of the Revenue of the County. The date for filing such an affidavit or written statement by an applicant may be extended by the Commissioner of the Revenue to July 1 of a taxable year in a hardship case in which the Commissioner of the Revenue determines that the applicant was unable to file by April 1 of the particular taxable year because of illness of the applicant or confinement of the applicant in a nursing home, hospital or other medical facility or institution, provided that such real estate tax exemption affidavit or written statement is accompanied by a sworn affidavit of one medical doctor licensed to practice medicine in the commonwealth. B. The affidavit or written statement shall set forth the names of the Felated persons oeeupying the real ,.state claimant owner or owners, of their relatives livinjj in such dwellings, and of each nonrelative who is not the bona ride tenant or bona fide paid caregiver of an owner living in the dwelling for which exemption is claimed and the total combined net worth and combined income of such persons as defined in this article. The form of such affidavit or written statement shall be determined by the Commissioner of the Revenue and shall contain such other information as may be required adequately to determine compliance with the provisions of § 155-18 of this article. The affidavit or written statement of any person less than 65 years of age who is claiming an exemption under this article shall be accompanied by a certification from the Social Security Administration, the Department of Veterans Affairs, or the Railroad Retirement Board, or, if such person is not eligible for certification by any of these agencies, a sworn affidavit from two medical doctors licensed to practice medicine in the commonwealth or are military officers on active duty who practice medicine with the United States Armed Forces, to the effect that the applicant is permanently and totally disabled as defined in § 155-16 of this article. The affidavit of at least one of the doctors shall be based upon a physical examination of the person by such doctor. The affidavit of one of the doctors may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability. In addition, the Commissioner of the Revenue may make such further inquiry of persons seeking to claim exemption requiring answers under oath and the production of certified tax returns, as may be deemed reasonably necessary, to determine eligibility for an exemption. C. The Commissioner of the Revenue, after audit and investigation of such affidavits or written statements, shall certify a list of the persons and property qualifying for exemption and the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 151 amount thereof to the County Treasurer, who shall forthwith deduct the amounts of such exemption from the real estate tax chargeable for the taxable year to such persons and property. § 155-20 Calculation of amount of exemption. The amount of the exemption granted pursuant to this article shall be a percentage of the real estate tax assessed for the applicable taxable year in accordance with the following scale: Total Combined Income $0 to $20,000 $20,001 to $25,000 $25,001 to $30,000 $30,001 to $50,000 § 155-20.1 Deferral. Percentage of Exemption 100% 60% 35% 10% Any person who would otherwise be eligible for an exemption under this article but who, on account of his or her total combined income being in excess of $20,000 but not greater than $50,000, is only eligible for a partial exemption may request deferral of the remainder of the real estate tax due. In the event of a deferral of real estate taxes hereunder, the accumulated amount of taxes deferred shall be paid to the County by the vendor of the dwelling upon the sale of the dwelling, or from the estate of the decedent within one year after the death of the last owner thereof who qualifies for tax deferral by the provisions of this section. Such deferred real estate taxes shall be paid without penalty but shall accrue interest at the rate of 8% per annum on any amount so deferred, and such taxes and interest shall constitute a lien upon the said real estate as if it had been assessed without regard to the deferral permitted by this article. Any such lien shall, to the extent that it exceeds in the aggregate 10% of the price for which such real estate may be sold, be inferior to all other liens of record. § 155-21 Changes in status. Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit or written statement is filed and having the effect of violating or exceeding the limitations and conditions of § 155-18 of this article shall nullify any exemption or deferral for the then current taxable year and for the taxable year immediately following, provided that a change in income shall only operate to decrease the percentage of exemption or deferral previously determined by the Commissioner of the Revenue pursuant to § 155-20 of this article to the extent that the income amount exceeds the relevant range for a percentage of exemption or deferral set out in §§ 155-20 and 155-20.1 of this article. § 155-22 Filing false claims. It shall be unlawful for any person to falsely claim an exemption or deferral under this article. 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 PUBLIC HEARING - PROPOSED DISSOLUTION AND TERMINATION OF THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY. THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK. VIRGINIA WILL HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 15.2-5156 OF THE Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 152 CODE OF VIRGINIA, 1950, AS AMENDED, ON THE PROPOSED DISSOLUTION AND TERMINATION OF THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY (THE "CDA") AND A REPEAL OF THE MARCH 9, 2005 ORDINANCE THAT AUTHORIZED THE CREATION OF THE CDA. — SOLUTION #040-17 - APPROVED County Administrator Kris Tierney presented this request. He stated the Board created the Russell 150 community Development Authority (CDA) on March 9, 2005. He stated the CDA was created to --finance certain transportation, drainage, and other improvements in connection with a mixed -use development on the Russell 150 property. He stated the CDA issued bonds in 2007 in the amount of $21,155,000 to finance the acquisition and construction of infrastructure on the Russell 150 property. He further stated the property development never came to fruition. He went on to say the bonds had been paid off and the purpose for which the CDA was created was no longer applicable. He stated the CDA had made a final accounting and the financial statements have been audited. He concluded by stating in order to dissolve and terminate the Russell 150 Community Development Authority, a public hearing was required. Supervisor Dunn asked if there were any county monies involved. Mr. Tierney replied there was no public money involved at all. He stated the Treasurer collected the County taxes and that the bond holder was the owner. 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 Vice Chairman Fisher, the dissolution and termination of the Russell 150 Community Development Authority was approved. ORDINANCE CONCURRING IN THE DISSOLUTION AND TERMINATION OF THE RUSSELL 150 COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, the Russell 150 Community Development Authority (the "Authority") was created pursuant to an ordinance, adopted by this Board on March 9, 2005 (the "CDA Ordinance"); and WHEREAS, the Authority received its Certificate of Incorporation with the State Corporation Commission of the Commonwealth of Virginia on April 19, 2005, effective retroactively to the date of adoption; and WHEREAS, the Authority was created to finance certain transportation, drainage, improvements (the CDA Infrastructure) in connection with a mixed -use development, on the property designated by the CDA Ordinance as being within the Authority's jurisdiction, specifically, tax parcel numbers 63-A-150, 64-A-10, and 64-A-12, in the Shawnee Magisterial District of Frederick County; and Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 153 WHEREAS, on May 25, 2006, this Board adopted a further ordinance authorizing the levy and collection of special assessments within the boundaries of the Russell 150 CDA district (the "Special Assessment Ordinance"); and WHEREAS, on May 1, 2007, the Authority issued $5,470,000 in Series A Special Assessment Bonds and $15,685,000 in Series B Special Assessment Bonds to finance acquisition and construction of the CDA Infrastructure; and WHEREAS, thereafter, the original developer of the CDA District initiated acquisition and construction of the CDA Infrastructure, but defaulted before completing the same, leading to foreclosure proceedings, in the course of which the holder of the Special Assessment bonds became the owner of all property in the CDA District, and WHEREAS, at the time of such foreclosure, the unspent portion of the bond proceeds was used to redeem a part of the bonds, and some payments of interest and principal have been made since that time but as of November 30, 2016, there remained an unredeemed amount of $5,385,000 principal amount of bonds outstanding; and WHEREAS, changes in the development plans for the property in the CDA District, changes in interest rates and other factors made it advisable for the Landowner to redeem the outstanding CDA Bonds and develop and market the property using other methods of financing, without the burdens or benefits of the special assessment district; and WHEREAS, on December 1, 2016, upon payment by the Landowner and with the concurrence of the Bondholder, all the remaining outstanding bonds of the Authority were redeemed, and a certificate of satisfaction was thereafter filed releasing the Authority's Special Assessment lien on all property within the CDA District; and WHEREAS, at a called meeting on December 2, 2016, by a majority vote, the Authority adopted a resolution (the "Authority Resolution"), declaring that the purposes for which the Authority was created are no longer applicable, and WHEREAS, since the adoption of the Authority Resolution (i) a final arbitrage rebate calculation has been made, and it has been determined that no rebate is due to the Internal Revenue Service, (ii) all remaining obligations and expenses of the Authority have been paid, (iii) all the Authority's remaining assets have been distributed, and (iv) a final audit of the Authority's accounts has been completed, and WHEREAS, there being nothing further needed to conclude the Authority's affairs, it has requested that the Board of Supervisors concur with the declarations made in the Authority Resolution and approve the Chairman of the Authority, with the assistance of the County Attorney, taking such action as may be necessary to dissolve the Authority; and WHEREAS, the Board wishes to accept and concur in the declarations made in the Authority Resolution and the dissolution of the Authority; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors on the 8th day of November, 2017, that: 1. In accordance with Virginia Code§ 15.2-5109, the Board: (a) determines that the affairs of the Russell 150 Community Development Authority (the Authority) have been concluded, and the Authority has no remaining assets or liabilities; (b) concurs with the declarations and findings in the Authority Resolution; and (c) concurs with the Authority's request to dissolve the Authority. 2. The Chairman of the Authority is authorized to execute any and all necessary documents to dissolve the Authority including but not limited to Articles of Dissolution and Articles of termination, and to take such further actions and execute and deliver such documents and instruments as may be necessary or desirable to accomplish the purposes of this Resolution in accordance with the Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 154 Authority Resolution. 3. The County Attorney is authorized and directed to take any further actions as may be necessary to dissolve the Authority, including but not limited to filing the Articles of Dissolution and Articles of Termination with the State Corporation Commission of the Commonwealth of Virginia. 4. This resolution shall take effect immediately upon its adoption. 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 BUSINESS MASTER DEVELOPMENT PLAN #05-17 OF ABRAMS CHASE — WAIVER REQUEST APPROVED Planner Tyler Klein presented the Master Development Plan for Abrams Chase and stated it appeared to be consistent with the requirements of Frederick County Zoning Ordinance and that it was in a form that was administratively approvable. He further stated the master development plan was also in conformance with the proffers for the approved Rezoning 404-15. He stated the applicant was requesting a waiver of the community center requirement under Frederick County Zoning Ordinance §165-402.08(A)(1) as the proposed subdivision contained less than 25 lots. He stated the applicant would still provide equivalent recreational value within the development. He concluded by stating the Board of Supervisors would need to grant the waiver as part of the consideration of the master development plan. Supervisor Lofton asked about the cost of the community center. Mr. Klein replied it was equivalent to the amenities value. Supervisor Dunn asked if it was equivalent in dollars or amenities. Mr. Klein replied equivalent in use. Supervisor Dunn asked about the divider on Senseny Road, if a separation was planned. Mr. Klein replied yes, that was part of the review. Mr. John Lewis with Painter Lewis, addressed the Board and stated there were thirteen recreational units and he needed to spend $17,000 on the pavilion. Supervisor Slaughter asked if there was anything built there yet. Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of] 1/08/17 County of Frederick, Virginia 155 Mr. Lewis replied no. Chairman DeHaven stated the master development plan was administratively approved by staff and the Board of Supervisors would only act on the waiver request. Upon a motion made by Supervisor Dunn, seconded by Vice Chairman Fisher, the waiver request 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 BOARD LIAISON REPORTS There were no Board Liaison Reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Lofton stated there were always questions concerning the road you live on and that the third annual Transportation Forum on Frederick County would be held in the Board of Supervisors Meeting Room on December 5. He stated that VDOT, legislators, and staff would be in attendance. Supervisor Wells stated that he received a lot of calls for Opequon District on speeding and gravel roads and that the Transportation Forum was a great opportunity and invited the public to attend. ADJOURN UPON MOTION MADE BY VICE CHAIRMAN FISHER, SECONDED BY SUPERVISOR EWING, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. (7:54 P.M.) LIA w -.4- Charles S. DeHaven, Jr. Chairman, Board of Supervisors -Kris .Tier Clerk, Board o upervis Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia 156 Minutes Prepared By: , rya Clk r �� Teresa J. Price Administrative Assistant County Administrator's Office Minute Book Number 43 Board of Supervisors Closed Session and Regular Meeting of 11/08/17 County of Frederick, Virginia