HomeMy WebLinkAboutJune 8 2022 Closed Session and Regular Meeting Minutes 413
MINUTES
CLOSED SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JUNE 8, 2022
6:00 PM and 7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; J. Douglas McCarthy, Vice Chairman;
Robert W. Wells; Blaine P. Dunn; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were
present.
Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator;
Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning
Director; John Bishop, Assistant Director of Planning-Transportation; Scott Varner, Director of Information
Technologies; Cheryl Shiffler, Finance Director; Jennifer Place, Risk Manager/Budget Analyst; Austin Cano,
Assistant County Attorney; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 6:00 p.m.
CLOSED SESSION
Vice Chairman McCarthy moved that the Board of Supervisors of Frederick County enter a closed
session pursuant to Virginia Code Section 2.2-3711(A)(1) for personnel matters, specifically the annual
evaluation of the county attorney and the county administrator. Supervisor Graber seconded the motion which
carried on a voice vote.
At 6:40 p.m., the Board members being assembled within the designated meeting place in the
presence of members of the public and the media desiring to attend, the meeting was reconvened on motion
of Vice Chairman McCarthy, seconded by Supervisor Graber, and carrying on a voice vote. Vice Chairman
McCarthy moved that the Board of Supervisors of Frederick County certify that, to the best of each member's
knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia
law were discussed in the closed meeting to which this certification applies, and (ii) only such public business
matters as were identified in the motion convening the closed meeting were heard, discussed, or considered
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
414
by the Board. Supervisor Wells seconded the motion which carried as follows on a recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RECESS
At 6:41 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m.
REGULAR MEETING CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor Wells delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman McCarthy led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
The proposed agenda was adopted on a voice vote following a motion by Supervisor Slaughter,
seconded by Vice Chairman McCarthy.
CITIZEN COMMENTS
Gregory Gallagher, Back Creek District, spoke in favor of the Board allowing backyard chickens in
the R-5 District.
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
415
ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for adoption of the consent agenda as presented. Vice Chairman
McCarthy seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Acceptance of Human Resources Committee Report of May 20, 2022 - CONSENT AGENDA APPROVAL,
Appendix 1
-Acceptance of Transportation Committee Report of May 23, 2022 -CONSENT AGENDA APPROVAL,
Appendix 2
-Approval of Minutes of May 25, 2022 -CONSENT AGENDA APPROVAL
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BOARD OF SUPERVISORS COMMENTS - None
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COUNTY OFFICIALS
ADOPTION OF FISCAL YEAR 2022-23 BUDGET AND APPROPRIATION FOR SCHOOL
OPERATING FUND BY CATEGORY -APPROVED
In light of the Board's action approving the School Operating Budget at the Special Meeting of May
4, 2022, Vice Chairman McCarthy moved for appropriation to the listed categories of the School Operating
Fund with the exception of the following three categories until further information is gained from the School
Board: Operation and Maintenance; Facilities; and Technology. Supervisor Graber seconded the motion
which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter No
2022-2023 BUDGET—APPROPRIATION TO SCHOOL BOARD OPERATING FUND
SCHOOL OPERATING FUND:
Expenditures by Category
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
416
Instruction 155,741,578
Administration,Attendance and Health 9,553,415
Pupil Transportation 12,376,179
Operation and Maintenance 0
School Food Services 8,000
Facilities 0
Fund Transfers 786,496
Technology 0
Contingency Reserve 0
TOTAL EXPENDITURES - SCHOOL OPERATING FUND 178,465,668
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Vice Chairman McCarthy moved for approval of moving $2.1 million to the Transportation Fund.
Supervisor Dunn seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells No
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter No
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PROPOSED ORDINANCE AMENDMENT - BACKYARD CHICKENS IN RP DISTRICT—SENT
FORWARD TO PUBLIC HEARING
Supervisor Graber noted the failure of passing the Ordinance regarding Backyard Chickens in the
R-5 District in 2021 and moved that the Board return the item to the Planning Commission for a public hearing
and encouraged the Board to contact the Planning Department with any desired changes to the proposed
ordinance before the public hearing. Vice Chairman McCarthy seconded the motion which carried on a
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
417
recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells No
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter Aye
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
DAVID S. ALLEY REAPPOINTED AS PRIVATE PROVIDER REP. TO CPMT —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Wells and carrying on a voice vote,
David S. Alley was reappointed as Private Provider Representative on the Community Policy and
Management Team (CPMT) for a two-year term ending June 30, 2024.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
REZONING #01-22 FOR SNOWDEN BRIDGE STATION (PROFFER MODIFICATION)—
APPROVED
Assistant Planning Director John Bishop explained the proposal to revise the proffers from
Rezoning#04-16 for North Stephenson, Inc., saying the proffer amendment seeks to amend proffers in order
to allow greater trip generation to accommodate a Gas Station/Convenience Store use by exempting parcel
43-(A)-150 from the trip generation cap of 6,303 that was previously imposed on the overall site. In addition,
he said the amended proffer allows the owners of parcel 43-(A)-150 to install a right in/right out entrance on
Snowden Bridge Boulevard and construct a median to prevent left turns from that access point and provide
a $100,000 cash proffer toward the Exit 317 interchange improvements. Finally, he said the proffers have
been updated to note that the property owners will participate in intersection improvements at the intersection
of Ezra Lane and Snowden Bridge Boulevard.
Ty Lawson and Kevin Sitzman with Gorove Slade (Transportation Planners and Engineers)
spoke in favor of the rezoning on behalf of the applicant.
The Board discussed the merits of a gas station situated east of Interstate 81.
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
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Chairman DeHaven opened the public comment period.
No one addressed the Board.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved for approval of Rezoning #01-22 For Snowden Bridge Station.
Supervisor Wells seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#01-22 SNOWDEN BRIDGE STATION
WHEREAS, REZONING #01-22 SNOWDEN BRIDGE STATION submitted by K & J Investments LC & North
Stephenson Inc.,to revise the proffers associated with Rezoning#04-16 for 13.969 acres of land with a final revision date
of February 18, 2022 was considered. This proffer amendment seeks to amend rezoning 13.969 acres from the Light
Industrial District(MI) to General Business (B2) (11.340 acres), and to Industrial Transition(B3) (2.629 acres). The
properties are located on the southeastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge
Boulevard in the Stonewall Magisterial District,and are identified by Property Identification Numbers 43C-3-2,43C-3-
3,43C-3-4,43C-3-4A,43-A-150,43-A-151A and 43-A-15IB;and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on March 16,2022
and tabled action;and May 18,2022 recommended approval;and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular
meeting on June 8,2022;and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest
of the public health,safety,welfare,and in conformance with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the
Frederick County Code,Zoning, is amended to revise the Zoning District Map to revise the proffers associated with
Rezoning#04-16 for K&J Investment LC&North Stephenson Inc.for 13.969 acres from the Light Industrial District
(MI)to General Business(B2)(11.340 acres),and to Industrial Transition(B3)(2.629 acres)with proffers,for a total
of 13.969 acres,all as shown on the proffer statement bearing revision date June 2, 2022. The conditions voluntarily
proffered in writing by the Applicant and the Property Owner are attached.
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UPDATE OF THE 2022-2023 FREDERICK COUNTY INTERSTATE, PRIMARY, AND
SECONDARY ROAD PLANS—APPROVED
John Bishop, Assistant Director of Planning-Transportation, introduced the draft update of the
2022-2023 Frederick County Primary and Interstate and Secondary Road Improvement Plans.
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County of Frederick, Virginia
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Ed Carter of VDOT commented on the Timber Lakes road completion project.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved to adopt the resolutions for the Interstate and Primary and
Secondary plans as presented. Vice Chairman McCarthy seconded the motion which carried on a recorded
vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RESOLUTION
2022-2023 INTERSTATE ROAD
IMPROVEMENT PLAN
WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on May
23,2022;and,
WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval
of this plan at their meeting on June 1,2022;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 2022-2023 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 RESOLVED by the Frederick County Board of Supervisors as follows:
The 2022-2023 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 2022-2023 Interstate Road Improvement Plan and Construction Priority
List for Frederick County,Virginia as presented at the public hearing held on June 8,2022.
RESOLUTION
2022-2023 PRIMARY ROAD
IMPROVEMENT PLAN
WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on May
23,2022;and,
WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval
of this plan at their meeting on June 1,2022;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
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
420
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 2022 — 2023 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 RESOLVED by the Frederick County Board of Supervisors as follows:
The 2022-2023 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 2022-2023 Primary Road Improvement Plan and Construction
Priority List for Frederick County,Virginia as presented at the public hearing held on June 8,2022.
RESOLUTION
2022-2023 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
23,2022;and,
WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval
of this plan at their meeting on June 1,2022;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 2022 — 2023 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 RESOLVED by the Frederick County Board of Supervisors as follows:
The 2022-2023 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 2022-2023 Secondary Road Improvement Plan and Construction Priority List for
Frederick County,Virginia as presented at the public hearing held on June 8,2022.
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BOARD LIAISON REPORTS
Supervisors Dunn and Slaughter commented on the Extension Leadership Showcase event held
recently and commended the Extension leadership and staff.
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
421
Supervisor Ludwig noted an upcoming conditional use permit application for a boarding and training
kennel in Back Creek District.
CITIZEN COMMENTS
Allen Boyd, Back Creek District, commented on the recent personal property tax bills saying that he
disagrees with using the NADA value to assess vehicles and urged the Board to consider a tax rebate.
BOARD OF SUPERVISORS COMMENTS
Supervisor Wells noted that he had received a thank you note from the Apple Blossom Festival's Queen
Shenandoah Mia Dorsett for the framed print she was given by the County during her reign.
Vice Chairman McCarthy noted the upcoming Independence Day holiday.
Supervisor Dunn commented on the upcoming Juneteenth Day holiday.
Supervisor Graber and the Board discussed the personal property tax rate. Mr. Bollhoefer noted that
staff is reviewing the options for providing a tax rebate in light of the higher vehicle assessments this year
and will be reporting back to the Board at a later date.
ADJOURN
On motion of Vice Chairman McCarthy, seconded by Supervisor Slaughter the meeting was
adjourned at 8:01 p.m.
Charles S. DeHaven, Jr. Michael Bollhoefer
Chairman, Board of Supervisors County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Closed Session&Regular Meeting of June 8, 2022
County of Frederick, Virginia
422
Board of Supervisors Meeting Minutes of June 8, 2022 - Appendix 1
HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS
Friday, May 20,2022
9:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent
Street on Friday, May 20,2022, at 9:00 a.m.
ATTENDEES:
Committee Members Present: Blaine Dunn,Chairman;Josh Ludwig; Don Butler; Beth Lewin;
and Kim McDonald.
Staff present: Mike Bollhoefer,County Administrator;Jay Tibbs, Deputy County Administrator;
Rod Williams, County Attorney; Michael Marciano, HR Director; DeLois Blevins, HR Manager;
and Tamara Perez, Public Safety Communications Director.
ITEM FOR INFORMATION PURPOSES ONLY
1. Tamara Perez, Public Safety Communications Director,sought approval to add the Radio
System Administrator to the Salary Administration Program at a salary range 219.This position
was identified by the County Administrator as one of the priority positions for FY23 and was
funded in the budget adopted by the Board of Supervisors on April 13,2022. (Exhibit A)
The committee recommends approval,5 in favor&0 against.
2. The HR Committee discussed approaches to improving employee morale and retention by
revising our recognition efforts,considering changes to our evaluation process,and developing
supervisory training. (Exhibit B)
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Blaine Dunn,Chairman
Don Butler
Beth Lewin
Josh Ludwig
Kim McDonald
By
Michael J. Marciano, Director of Human Resources
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Board of Supervisors Closed Session&Regular Meeting of June 8,2022
County of Frederick, Virginia
423
Board of Supervisors Meeting Minutes of June 8, 2022 - Appendix 2
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, May 23, 2022
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles
DeHaven, Jr. (Voting), Kevin Kenney (Voting), Shontya Washington (Voting), Shawn
Graber(Voting) and Lewis Boyer(Liaison Stephens City).
Committee Members Absent: Gary Oates (Voting)
Staff Present: Assistant Director, John Bishop, and Kathy Smith, Secretary.
ITEMS FOR INFORMATION ONLY:
1-1-81 Fund Update: David Covington, 1-81 Program Delivery Director gave an update on the I-
81 Corridor Improvement Program on the improvements that influence the safety and reliability
while improving the quality of life for everyone in our region. The presentation consisted of
program benefits that implement a series of improvements for 1-81 such as lane and shoulder
widening, to reduce congestion by improving targeted areas as well as improvements to ensure
goods and services can move through the region safely and efficiently.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
2-Interstate,Primary,and Secondary Road Plan Update:Staff gave a brief overview of the draft
of Interstate, Primary and Secondary Road Plan. Staff has added under the Interchange
priorities Exit 323 as a Interchange upgrade and Exit 321 as an upgrade to split the interchange
between Hopewell Road and Cedar Hill Road. The Committee discussed modifying the
Interstate Priorities ranking to include moving the Exit 313 from Priority 2 to 3 with the
completion of Crossover Blvd this has allowed for a release in the traffic in that area and move
Priority 3 to 2 Exit 307 as a safety concern on daily basis. The Primary Road Improvement
had no proposed changes other than a change to 4C to reflect Route 522 not Route 277.
Also, the proposed changes with the Secondary Road Improvement Plan included
update Major Road improvements with current, no new projects have been added
to the scheduled list, unscheduled average traffic count on Light Road and New Hope Road
are currently at about 40 daily trips so those will not be able to upgrade until the traffic count
is 50 or more. This item will be on the Board's agenda for a public hearing.
Upon a motion by, Mr. Charles S. DeHaven, Jr. seconded by Mr. Kevin Kenney the Committee
recommended to forward as modified the Interstate, Primary and Secondary Improvement
Road Plans to the Board for recommendation of approval.
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Board of Supervisors Closed Session&Regular Meeting of June 8,2022
County of Frederick, Virginia
424
ITEMS FOR INFORMATION ONLY:
3-County Project Updates:Renaissance Drive: Staff is working through the agreement and real
estate process with CSX. There is a significant delay regarding concerns the CSX real estate
division with the drainage design even though it had been approved by the CSX consultant.
However,this has now been reviewed and approved by the CSX Chief Engineer and procurement
of the right-of-way easement and drainage license are proceeding.
4-Other:
Minute Book 47
Board of Supervisors Closed Session&Regular Meeting of June 8,2022
County of Frederick, Virginia