HomeMy WebLinkAboutNovember 8 2023 Regular Meeting Minutes 124
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, NOVEMBER 8, 2023
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Blaine P. Dunn, Vice Chairman; Judith McCann-Slaughter; Shawn L. Graber;
Robert W. Wells; Josh E. Ludwig; and Heather H. Lockridge were present. Charles S. DeHaven, Jr.,
Chairman, participated remotely from Chantilly, Virginia. 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; Tyler Klein, Senior Planner; Scott Varner, Director of Information Technologies; and Ann W.
Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Vice Chairman Dunn called the meeting to order at 7:00 p.m.
REMOTE PARTICIPATION AUTHORIZED
Remote participation was authorized for Chairman DeHaven for medical reasons on the motion of
Supervisor Wells, seconded by Supervisor Slaughter, which carried unanimously.
INVOCATION
John Van Drunen of Fellowship Bible Church delivered the invocation.
PLEDGE OF ALLEGIANCE
Supervisor Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
The proposed agenda was adopted on a motion by Supervisor Slaughter, seconded by Supervisor
Graber, which carried on a voice vote.
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CITIZEN COMMENTS
Stephanie Mitchell, Back Creek District, spoke in favor of Rezoning #03-23 0-N Minerals
(Chemstone) D/B/A Carmeuse Americas.
Kay Dawson, Red Bud District, referenced Rezoning #03-23 0-N Minerals (Chemstone) D/B/A
Carmeuse Americas saying the Board cannot let a tiny part of the County decide for the whole County.
Mark Regan, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals (Chemstone)
D/B/A Carmeuse Americas.
David Riner, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals (Chemstone)
D/B/A Carmeuse Americas.
Tina Bragg, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals (Chemstone)
D/B/A Carmeuse Americas, citing issues with water supply in local wells and springs.
Charlie Garnder, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals
(Chemstone) D/B/A Carmeuse Americas, citing issues with water supply in local wells and springs.
Dan Carter, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals (Chemstone)
D/B/A Carmeuse Americas, citing issues with water supply in local wells and springs. He asked the Board to
delay a decision and require a peer review of the hydrology study submitted by the Applicant.
Megan Devries, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals
(Chemstone)D/B/A Carmeuse Americas,citing issues with water supply in local wells and springs.She asked
the Board to delay a decision until it determines whether or not the water issues are being caused by the
quarry.
Beth LaRusso of Berkley County, West Virginia, spoke in opposition to Rezoning #03-23 0-N
Minerals (Chemstone) D/B/A Carmeuse Americas.
Brenda Fristoe, Stonewall District, spoke in opposition to Rezoning #03-23 0-N Minerals
(Chemstone) D/B/A Carmeuse Americas.
Andy Wright, Back Creek District, spoke in favor of Rezoning #03-23 0-N Minerals (Chemstone)
D/B/A Carmeuse Americas.
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ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for the adoption of the consent agenda. Supervisor Graber seconded
the motion which carried on the following recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Approval of Minutes of Regular Meeting of October 25, 2023 -CONSENT AGENDA APPROVAL
-Acceptance of Transportation Committee Report of October 23, 2023 -CONSENT AGENDA APPROVAL,
Appendix 1
-Approval of Request from the Commissioner of the Revenue for Refund and Supplemental
Appropriation: Covia Solutions Inc -$14,951.19 - CONSENT AGENDA APPROVAL
-Approval of Draft 2024 Legislative Agenda - CONSENT AGENDA APPROVAL
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BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS
HYDROLOGY REPORT SUBMITTED REGARDING REZONING #03-23 FOR 0-N MINERALS
(CHEMSTONE) D/B/A CARMEUSE AMERICAS- DISCUSSED
Supervisor Slaughter introduced Jeff Green, formerly of the Minnesota Department of Natural
Resources, who made a presentation of his findings on the effects of quarry activities on springs and
groundwater.
The Board and Mr. Green discussed the possibility of aquifer contamination caused by quarrying,
the need for water well sampling to monitor quarry impacts,the specific geology and soils of the Shenandoah
Valley, and the water table in relation to the depth of wells versus the depth of nearby quarry pits. In response
to Supervisor Graber's question, Mr. Green stated that he had been contacted by residents of the County
regarding his opinion of the hydrology report submitted for Rezoning #03-23 0-N Minerals (Chemstone)
D/B/A Carmeuse Americas.
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LAUREL RIDGE COMMUNITY COLLEGE STUDENT SCHOLARSHIP CRITERIA- DISCUSSED
County Administrator Bollhoefer said the deadline to authorize the Frederick County Educational
Foundation to handle the distribution of scholarships to public school students planning to attend Laurel Ridge
Community College was the next day.Because of the time constraints,the Board agreed by consensus to proceed
with scholarships through the Educational Foundation for public school students in the spring and summer of 2024
while pursuing options to offer scholarships via another entity to private school and home school students as soon
as possible.
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None
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PUBLIC HEARINGS (NON PLANNING ISSUES) - None
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
REZONING #04-23 OF DOVER HILL CROSSING II (K. DONDERO &V. CRUZ)—DENIED
Senior Planner Tyler Klein reviewed the application to rezone approximately 4.75 acres from RA
(Rural Areas) District to RP (Residential Performance) District with proffers to enable the development of 25
or more single-family attached (SFA, townhome) units. He said the subject property is in the Red Bud
Magisterial District south of the signalized intersection of Senseny Road (Route 657) and Channing Drive.
The Board and Mr. Klein discussed the application's conformance with the comprehensive plan, the
proffers agreed to by the Applicant, the road network in the area of the development, and the length of time
since the last rezoning from RA to RP in the County.
The Applicant, Ken Dondero, discussed the proposed development of about 25 townhomes.
The Board, staff, and Applicant discussed planned road improvements, and the proffer amounts
listed exceeding actual county costs for each unit.
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Vice Chairman Dunn opened the public comment period.
The following spoke on the Conditional Use Permit:
Michael Gormas, Red Bud District, spoke in support of Rezoning #04-23.
Billy Hummer, Red Bud District, spoke in support of Rezoning #04-23.
Joy White, district unknown, spoke in support of Rezoning #04-23.
Vice Chairman Dunn closed the public comment period.
The Board and the Applicant discussed the expected cost per unit with the Applicant saying he
wished the units to be as affordable as possible.
Vice Chairman Dunn said he could not support the project but hoped the Board members would vote
independently if they supported the rezoning.
Vice Chairman Dunn moved to deny Rezoning #04-23 Of Dover Hill Crossing Ii (K. Dondero & V.
Cruz). Supervisor Slaughter seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig No
Shawn L. Graber No Robert W. Wells Aye
Heather H. Lockridge No Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
CONDITIONAL USE PERMIT #09-23 FOR GETAWAY HOUSE, INC., (M.M.T. LIMITED) —
APPROVED
Senior Planner Tyler Klein reviewed the request as first presented on October 25, 2023, for a
Conditional Use Permit (CUP) for a campground proposing 90 year-round portable micro-cabin campsites
on five (5) parcels totaling +/- 430 acres. He said the only change in the application is the addition of the
following condition: At no time while this conditional use permit is in effect shall the owner sever any
transferable development rights or subdivide the property, other than for the widening of existing VDOT road
rights-of-way or public utility dedications.
Supervisor Lockridge moved for approval of Conditional Use Permit#09-23 for Getaway House, Inc.,
(M.M.T. Limited). 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
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Heather H. Lockridge Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#09-23
GETAWAY HOUSE,INC.
WHEREAS,CONDITIONAL USE PERMIT APPLICATION#09-23 was submitted for a campground with up to 90
year-round portable micro-cabin campsites.The property is located at 427 McCubbin Road(Route 653)Winchester,
Virginia and are identified with Property Identification Numbers 15-A-3, 15-A-8, 15-A-9, 15-A-10,and 15-A-11 in
the Gainesboro Magisterial District;and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on
October 4,2023 and recommended approval with conditions;and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during
their regular meeting on October 25,2023;and
WHEREAS,the Frederick County Board of Supervisors held a public meeting on the Conditional Use Permit during
their regular meeting on November 8,2023;and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in
the best interest of the public health,safety,and welfare,and in conformance with the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with
Chapter 165 of the Frederick County Code,Zoning,that Conditional Use Permit#09-23 to allow for a campground
with up to 90 year-round portable micro-cabin campsites on the parcels identified with Property Identification
Numbers 15-A-3, 15-A-8, 15-A-9, 15-A-10,and 15-A-11 is approved with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A maximum number of ninety(90)campsites are permitted.
3. A site plan shall be submitted and approved by Frederick County prior to the establishment of this use on
this property. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section
165-204.03(campgrounds and tourist camps),address all necessary agency comments specified in this CUP,
including approval by the Virginia Department of Transportation(VDOT)of the completion,by the owner
of the properties subject to this conditional use permit, of all hard surface and widening improvements to
McCubbin Road(Route 653)to improve access to the site.
4. At least one(1)employee shall be at the campground at all times.
5. Any expansion or modification of this use will require approval of a new conditional use permit.
6. Other than for management, staff, the Applicant's contractors, and emergency personnel,there shall be no
use of ATVs,snowmobiles,or off-road dirt bikes.
7. The use of RVs,campers,tents,or other sleeping accommodations,apart from the Applicant's camping units,
shall be prohibited.
8. A residence building for management is permitted along with storage/workshop/operations buildings.
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9. Hunting and the discharging of firearms is prohibited.
10. No trails shall be constructed by Getaway House, Inc.within 300-ft Frederick County Parcels 21-A-26,21-
A-26C, and 21-A-26D.
11. No habitable structure shall be constructed within the 1,300-foot radius identified on the design plan
"Getaway Winchester-Concept Plan- C-1".
12. Existing logging trails will be discontinued (gated or blocked with fallen trees) within 300-feet from
Frederick County Parcels 21-A-26,21-A-26C, and 21-A-261).
13. All internal road networks shall be constructed in accordance with Frederick County Fire and Rescue
standards and specifications. Campfires shall be prohibited on-site during local "burn bans". All on-site
campfires shall be extinguished by 11 P.M. Guests shall be prohibited from bringing outside firewood to the
Outpost.
14. Property boundary signage shall be provided as illustrated on design plan"Getaway Winchester -Concept
Plan-C-2".
15. The maximum length of stay is seven(7)days.
16. At no time while this conditional use permit is in effect shall the owner sever any transferable development
rights or subdivide the property, other than for the widening of existing VDOT road rights-of-way or public
utility dedications.
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REZONING #03-23 OF 0-N MINERALS (CHEMSTONE) D/B/A CARMEUSE AMERICAS—
APPROVED
Vice Chairman Dunn recognized Logan Thompson of Carmeuse and Lyndsey Marhefka of
Carmeuse who commented on the earlier presentation by Jeff Green regarding the hydrology report
submitted on behalf of Carmeuse.
The Board and Carmeuse's representatives including hydrologist Mark Krumenacher of GZA,
discussed the hydrology study and GZA's relative experience in Virginia, and additional steps that will be
required by the Department of Energy before the final permit is granted to Carmeuse.
Mr. Thompson made a closing statement in favor of the Rezoning request.
The Board and Mr. Thompson discussed the current agreement between Frederick Water and
Carmeuse.
Supervisor Slaughter said she wanted to remind her colleagues who feel compelled to decide on this
item tonight of the timeline up to this point. She said the Planning Commission first heard this rezoning
application on October 4th (35 days ago) and asked that they not confuse the extensive Northeast Land Use
Planning effort with the consideration of this rezoning application. She said it was unfortunate that during the
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two-week postponement, the applicant did not provide any of the additional information requested and only
evaluated the well condition on properties of people who had the time to come speak at previous public
hearings or filed complaints. She said the presentation by Mr. Green earlier in the evening compounds the
concerns and doubts about how this project may impact the residents' access to water. She implored the
Board not to make a hasty decision on something so impactful to our community.
Supervisor Slaughter moved to postpone action on Rezoning #03-23 until the County can procure the
services of an independent hydrogeologist to further evaluate the impacts of this rezoning application.
Supervisor Wells seconded the motion.
Supervisor Lockridge discussed the issue of water saying that Frederick Water's agreement should be
reviewed but that is separate from the rezoning application.
Supervisor Slaughter said that Frederick Water has stated there is enough water to last a century but
there are reports of dry wells and disappearing ponds and lakes. She said the Board owes the citizens an
independent hydrology study to determine if the quarry is involved in the water changes and said there was
no rush to decide on the rezoning application.
The Board members discussed water usage in the county, sinkholes, reports of the dropping water
level in wells, and the time needed to procure and complete a hydrogeologic study report. Mr. Krumenacher
suggested that such a report might take about six months to complete.
Supervisor Slaughter's motion to postpone action on Rezoning#03-23 until the County can procure the
services of an independent hydrogeologist to further evaluate the impacts of this rezoning application failed
on a recorded vote as follows:
Blaine P. Dunn No Josh E. Ludwig No
Shawn L. Graber No Robert W. Wells No
Heather H. Lockridge No Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Supervisor Slaughter discussed her concerns including economic impact, noting that Carmeuse may
challenge the basis for future tax assessments as it has done in at least one other Virginia locality and that
Carmeuse representatives stated they would conduct a peer review of the hydrogeologic study and have
failed to deliver on that promise. She said she did not appreciate allusions made that if the Board doesn't
support this application, it will decimate agriculture (poultry in particular) and that Carmeuse will, in turn,
destroy Middletown and Stephens City with truck traffic. She said binding decisions that have a lasting impact
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on our community should not be made hastily, or with our backs against a wall. She moved to deny rezoning
application#03-23 for 0 N Minerals (Carmeuse) based on the totality of the information presented regarding
this rezoning proposal, including that the application is inconsistent with the comprehensive plan, adding that
there will be unstudied and unmitigated impacts if it is approved. Chairman DeHaven seconded the motion
which failed on a recorded vote as follows:
Blaine P. Dunn No Josh E. Ludwig No
Shawn L. Graber No Robert W.Wells No
Heather H. Lockridge No Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Supervisor Graber moved for approval of rezoning application 03-23 for 0 N Minerals (Carmeuse)
saying it was in general compliance with the Comprehensive Plan. Supervisor Lockridge seconded the
motion.
Supervisors Slaughter and Graber discussed whether the application was in compliance with the
Comprehensive Plan.
The motion carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W.Wells Aye
Heather H. Lockridge Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter No
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#03-23 O-N MINERALS(CARMEUSE)
WHEREAS,REZONING#03-23 O-N Minerals(Carmeuse)was submitted to rezone 391.87+/-acres from RA(Rural
Areas) District to EM (Extractive Manufacturing) District with proffers. The properties are located east of the
Winchester & Western Railroad, north of Brucetown Road (Route 672) and Turkey Run, and south of Woodbine
Road(Route 669)and are identified by Property Identification Numbers(PIN's)34-A-8A portion,34-A-129E portion,
34-A-10, 34-A-1OA, 34-A-IOB, 34-A-IOD, 34-A-1OE, 34-A-IOF, 34-8-1-1, 34-8-1-2, 34-8-1-3, 34-8-1-4, 34-8-1-5,
34-8-1-6, 34-8-1-7, 34-8-1-8, 34-8-1-9, 34-8-1-17, 34-1-A, 34-A-7 34-A-129A and 34-A-129G in the Stonewall
Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on October 4,2023 and recommended
approval; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular
meeting on October 25,2023 and postponed the request to the November 8,2023 meeting; and
WHEREAS, the Frederick County Board of Supervisors held a public meeting on Rezoning #03-23 O-N Minerals
(Carmeuse)during their regular meeting on November 8,2023; and
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WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest
of the public health,safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with
Chapter 165 of the Frederick County Code,Zoning,the Zoning District Map is amended in accordance with Rezoning
#03-23 O-N Minerals (Carmeuse) to rezone 391.87+/- acres from RA (Rural Areas) District to EM (Extractive
Manufacturing) District with proffers. The conditions voluntarily proffered in writing by the Applicant and the
Property Owners are attached.
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ORDINANCE AMENDMENT - HOME OCCUPATION, ACCESSORY DWELLINGS, AND MDPs—
SENT BACK TO PLANNING COMMISSION
Senior Planner Tyler Klein reviewed the changes proposed by Planning and Development Department
staff to Chapter 165-Zoning Ordinance. He said these items are not mutually exclusive but are summarized here as a
package of minor amendments on the following topics: Home Occupation and Cottage Occupation; Accessory
Dwellings; Master Development Plans; and several under Other Minor Amendments.
The Board and Mr. Klein discussed the draft ordinance. By consensus,the Board offered comments and sent
the document back to the Planning Commission for additional review and revision.
BOARD LIAISON REPORTS - None
CITIZEN COMMENTS
Alice Strickler addressed the Board both regarding the death of her son, fire recruit class member
Ian Strickler, and the remarks made by Nicholas Blake at the previous Board meeting. She called for an
independent investigation of the two incidents.
Brian Nuri, Opequon District, commented on the previous day's results of the Frederick County
elections.
Mark Regan, Stonewall District, said the Board's approval of Rezoning 03-23 for 0 N Minerals
(Carmeuse) was the worst thing that has ever happened in the County.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Graber discussed the results of the previous day's election.
Supervisor Ludwig discussed the results of the previous day's election.
ADJOURN
On motion of Supervisor Wells, seconded by Supervisor Lockridge, the meeting was adjourned at
10:19 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 Meeting Minutes of November 8, 2023 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, October 23, 2023
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present:Judith McCann-Slaughter Chairman (Voting), Gary Oates
(Voting),Shontya Washington (Voting),Josh Ludwig(Voting), Kevin Kenney(Voting) and
Lewis Boyer(Liaison Stephens City).
Committee Members Absent: Charles DeHaven,Jr. (Voting).
Staff Present:John Bishop,Assistant Director and Kathy Smith, Secretary.
ITEMS FOR INFORMATION ONLY:
Valley Mill Road Realignment Study: Doug Kennedy, Pennoni gave a presentation to the
Committee on the results of the Valley Mill Road Operations Feasibility study. The purpose of the
study was to assess traffic and safety for Route 7 at 1-81 Northbound ramp at exit 315, to
determine the best access scenario to accommodate future development for Valley Mill Road
south of Route 7, evaluate coordination of Gateway Drive extended for impacts south of Route 7
and to be able to establish a concept plan alternative for future funding applications.
Route 37 (Eastern Frederick Transportation) Update: Brian St. John, McCormick Taylor the firm
conducting the study on behalf of the County, updated the Committee on the study progress.
Currently, the firm is working to wrap up the traffic analysis, a web map has been created for
sharing and inventory information. The updated versions of the draft public engagement plan,
social media,website,and press release has been completed and will be available within the week.
The first meeting with public involvement will be at the November Transportation Forum for input
and findings.
Ready Set Go Grants Opportunity: Staff updated the Committee on a grant opportunity through
VDOT for the project development purposes. The Ready, Set, Go Grants that VDOT provides
support in developing projects for the next round of Transportation Alternatives funding.
County Project Updates: Renaissance Drive: The County's contractor, W-L Construction and
Paving Inc., has largely been engaged in site preparation and the structural fill date. The updated
agreements with CSX have been executed by the County and forwarded to CSX for final execution.
To date the new agreement has not yet been finalized.
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Gainesboro Road/Route 522 Intersection Project: The signal justification report has been
updated per VDOT request and forwarded back and is undergoing additional modification at the
request of VDOT. The Board has adopted the resolution of support, and the Frederick County
School division has likewise submitted a letter of support for a traditional signalized intersection
which has been shared with VDOT.
Other: Staff updated the Committee on the MPO application that was applied for through Safe
Streets and Roads a grant program. The application was successful, and Staff looks forward to
working more closely with McCormick and Taylor who has been awarded the project.
Mark Merrill, CTB spoke on the 181 Corridor Improvement Program (CIP) projects along with the
Smartscale application changes that had been discussed at the Virginia Governor's Transportation
Conference in October. The CTB will be voting on those Smartscale proposed changes at the
December meeting.
Ed Carter,VDOT gave an overview of the 181 exit 317 and Redbud Road realignment phase process
that needs to be completed before the project can start the construction. The design phase is
currently underway with a construction estimate timeframe for FY2025.
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County of Frederick, Virginia