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December 14 2022 Regular Meeting Minutes 130 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 14, 2022 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells; Blaine P. Dunn; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. J. Douglas McCarthy, Vice Chairman, was absent. 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; Amy Feltner, Planner I; Kayla Peloquin, Planner I, Bill Orndoff, Treasurer; Rich Venskoske, Director of Elections/General Registrar; Scott Varner, Director of Information Technologies; Patrick Barker, EDA Executive Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a voice vote on a motion by Supervisor Graber, seconded by Supervisor Slaughter. CITIZEN COMMENTS - None + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 131 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for the adoption of the consent agenda as presented. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Work Session Minutes of November 9, 2022 - CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of November 9, 2022 - CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of November 15, 2022 - CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Transportation Committee Report of November 28, 2022 - CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Public Works and Landfill Oversight Committee Report of November 29, 2022 - CONSENT AGENDA APPROVAL, Appendix 3 -Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the General Election of November 8, 2022 - CONSENT AGENDA APPROVAL, Appendix 4 -Approval of Navy Federal Credit Union Performance Agreement Extension Request-CONSENT AGENDA APPROVAL - Resolution in Appreciation of Distinguished Service by the Honorable Randy Kiser, Administrator, Staunton District, VDOT -CONSENT AGENDAAPPROVAL, RESOLUTION IN APPRECIATION OF DISTINGUISHED SERVICE BY THE HONORABLE RANDY KISER ADMINISTRATOR,STAUNTON DISTRICT VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, Randy Kiser has displayed the Frederick County Board of Supervisors' core principles by facilitating responsible stewardship for county funds,assisting with long range planning that protects our rural heritage and directs its future growth through planned infrastructure,and confirming the Board's concern for expanding the commercial and industrial tax base in order to ensure a viable and thriving economy;and WHEREAS, Randy Kiser has promoted, at every opportunity, the spirit of cooperation among Frederick County's regional local government partners and encouraged local governments to pursue common goals such as the I-81 funding legislation,to work together on regionally significant issues, and to find efficiencies through collaboration; and WHEREAS,Randy Kiser has honorably and tirelessly served the causes of Frederick County and the region through times of prosperity and times of great challenge, including the Route 277 widening and access management improvements,the Exit 310 upgrades,the Crossover Boulevard revenue sharing project,and the upcoming Exit 313 Bridge Replacement and Exit 317 Ramp Realignment;and Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 132 WHEREAS, Randy Kiser's leadership and unwavering desire to advocate for common sense solutions to issues of regional significance, while demonstrating honesty, trust, integrity, and respect has greatly benefitted Frederick County; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors extends its highest commendation and gratitude to Randy Kiser for his 12 years of dedication,enthusiasm,and committed public service to Frederick County and the region as VDOT Staunton District Administrator;and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors,in recognition of outstanding service, does hereby convey its best wishes to Randy Kiser in all his future endeavors. + + + + + + + + + + + + + - Resolution Honoring the 2022 VHSL Class 4 State Champion James Wood High School Girls' Volleyball Team -CONSENT AGENDA APPROVAL, RESOLUTION HONORING THE 2022 VHSL CLASS 4 ALL-STATE CHA DION JAMES WOOD HIGH SCHOOL GIRLS' VOLLEYBALL TEAM WHEREAS,James Wood High School opened its doors in 1950;and WHEREAS, during the ensuing years, its athletic teams brought recognition to the school through a variety of championships;and WHEREAS,the James Wood High School Girls'Volleyball Team achieved the pinnacle of greatness by completing a 26-1 season,and winning the 2022 Virginia High School League Class 4 all-state championship;and WHEREAS,not only did the James Wood High School Girls'Volleyball Team capture the first state title in program history,but also the first girls'overall team state title in any sport for the school;and WHEREAS,Coach Adrienne Patrick,recently named as VHSL Class 4 Volleyball Coach of the Year,and the James Wood High School Girls' Volleyball Team represented this community with distinction and honor during the State Volleyball Tournament;and WHEREAS,this team achieved this honor through a combination of hard work,the drive and determination to be the best they could be every time they took the court, and true sportsmanship,which has brought favorable recognition upon themselves,their school,and their community. NOW,THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the 2022 James Wood High School Girls'Volleyball Team for a job well done;and, BE IT FURTHER RESOLVED that a true copy of this resolution be presented to the coaches and the team. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Ludwig made a brief presentation explaining the calculation method for the personal Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 133 property tax rebates as reflected on the recently mailed tax bills. + + + + + + + + + + + + + + COUNTY OFFICIALS DRAFT REVISIONS TO CHAPTER 48 (ANIMALS AND FOWL) OF THE COUNTY CODE, INCLUDING REGARDING DOG NOISE, PREPARED BY THE COUNTY ATTORNEY PER PREVIOUS DIRECTION BY THE BOARD OF SUPERVISORS—SENT FORWARD TO PUBLIC HEARING County Attorney Williams provided draft revisions to Chapter 48 (Animals and Fowl) of the County Code, including regarding dog noise, for the Board's discussion. The Board members discussed the need for a definable measure of noise and the need for such an ordinance in all areas of the county or in only residentially zoned areas. By consensus, the Board agreed to send the draft forward to a public hearing with the affected zones mirroring those found in the county's noise ordinance. LEGISLATIVE AGENDA ITEM REGARDING WORKERS COMPENSATION ISSUE—APPROVED County Administrator Michael Bollhoefer made a brief presentation on the issue of presumptive illness and line-of-duty benefits. He explained the proposed change in the language of the item which could be added to the already approved list of legislative priorities. The Board discussed having insurance to cover costs for broadening the presumptive illness list and the need to protect those who are willing to protect the citizens. Supervisor Dunn moved to direct staff to add the matter to the 2023 legislative agenda with the proposed languages stating that Frederick County calls upon the State to provide additional state funding assistance to local governments to offset additional insurance liabilities resulting from any expansions of the workers' compensation presumptive illness eligibilities for public employees. He further moved that staff review options for insurance coverage to offset costs. 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 134 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS APPOINTMENT TO ECONOMIC DEVELOPMENT AUTHORITY— NO ACTION Supervisor Slaughter moved to appoint William A. Orndoff to fill an unexpired term ending November 10, 2024, following the resignation of Susan Brooks who moved out of the County. Supervisor Wells seconded the motion. Supervisor Graber moved to table the appointment and Supervisor Dunn seconded the motion which failed 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 Absent Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Slaughter's original motion failed on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye BRADLEY COMSTOCK RECOMMENDED FOR RE-APPOINTMENT TO THE BOARD OF EQUALIZATION —APPROVED On motion of Supervisor Wells, seconded by Supervisor Graber, the reappointment of Bradley Comstock for a three-year term on the Board of Equalization was recommended to the Circuit Court on a voice vote. RECOMMENDATION FOR APPOINTMENT OF MERIDEE POWARS TO THE BOARD OF EQUALIZATION — NO ACTION The motion of Supervisor Graber, seconded by Supervisor Dunn, to table action on recommending appointment of Meridee Powars for a three-year term on the Board of Equalization passed 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 135 GARY CRAWFORD RE-APPOINTED AS BACK CREEK DISTRICT REP. ON HISTORIC RESOURCES ADVISORY BOARD —APPROVED On motion of Supervisor Graber, seconded by Supervisor Dunn, Gary Crawford was reappointed on a voice vote to a four-year term ending December 10, 2026. DAVID SFORZA APPOINTED AS RED BUD DISTRICT REP. ON HISTORIC RESOURCES ADVISORY BOARD —APPROVED On motion of Supervisor Dunn, seconded by Supervisor Graber, David Sforza was appointed on a voice vote to a vacant four-year term ending July 8, 2023. + + + + + + + + + + + + + + COMMITTEE BUSINESS - FINANCE COMMITTEE BUSINESS THE FCPS EXECUTIVE DIRECTOR OF FINANCE REQUESTS A SCHOOL OPERATING FUND AND GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $266,148.45. - APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: the FCPS Executive Director of Finance requests a School Operating Fund and General Fund supplemental appropriation in the amount of$266,148.45. 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 J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE FCPS EXECUTIVE DIRECTOR OF FINANCE REQUESTS SCHOOL CAPITAL FUND AND GENERAL FUND SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNT OF $1,023,546. - APPROVED Supervisor Slaughter, seconded by Supervisor Wells, moved that the Board approve the following: Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 136 the FCPS Executive Director of Finance requests School Capital Fund and General Fund supplemental appropriations in the amount of$1,023,546. Supervisor Ludwig made a brief presentation sharing what he had learned in his meetings with FCPS staff. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye LAUREL RIDGE COMMUNITY COLLEGE FUNDING OF $55,000 -APPROVED Supervisor Slaughter, seconded by Supervisor Wells, moved that the Board approve the Finance Committee's recommendation to fund Laurel Ridge Community College $92,094 as budgeted. Supervisor Graber discussed the spending authorized by the Community College Board saying he wished the School would use surplus funds before asking for an increase in funds from the localities. Supervisor Slaughter noted there is no guarantee that county funds would be used for scholarships for county residents, adding that financial documents show that the School has rolled over unspent funds into a significant fund balance. Supervisor Graber moved to fund Laurel Ridge Community College in the amount of$55,000 for FY 22-23. 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 Absent Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS -TRANSPORTATION COMMITTEE On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board authorized staff to incur expenses under the transportation fund for several efforts related to preparation for upcoming application rounds and due diligence for project development/readiness. 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 Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 137 J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) PROPOSED LEASE AGREEMENT BETWEEN THE COUNTY OF FREDERICK, VIRGINIA AND TEE SPOT REACHING HIGHER HEIGHTS, LLC. - DENIED Deputy County Administrator Tibbs reviewed the proposed lease. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Dunn and the Registrar, Rich Venskoske, discussed the request to lease the current daycare center space and the advantages of having the additional space for use by the Registrar. Supervisor Dunn moved to deny leasing the space to Tee Spot Reaching Higher Heights, LLC, and allow the Registrar to occupy the space adjoining the newly remodeled Registrar's office at Sunnyside Plaza. 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT 11-22 FOR RICHARD AND MARGARET BYESS—TABLED Planner Kayla Peloquin reviewed the request for a Conditional Use Permit (CUP)for a humanitarian aid organizational office saying the applicant proposes utilizing an existing barn on a 5.00 +/- acre property for both an office space for staff of non-profit organizations and as a storage space with donated furniture and other home furnishings being stored in the barn until they are dispersed. She said the barn includes a 288 square-foot office space, a 1,800 square-foot fully enclosed storage space, a functioning bathroom, and Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 138 a partially enclosed storage/loading space in the rear of the building, and access to the office and storage area will be limited to staff and volunteers of partner organizations as well as those bringing donations during scheduled daytime hours and limited to several times a week for a few hours at a time. Ms. Peloquin reviewed the conditions recommended by the Planning Commission should the Board of Supervisors find this application for a Conditional Use Permit to be appropriate. The Applicant, Richard Byess, thanked the Planning staff for their assistance. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Graber moved to approve CUP 11-22 for Richard and Margaret Byess. Supervisor Wells seconded the motion. Supervisor Ludwig moved to table the matter until the Board meeting on January 11, 2023. 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 Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS WAIVER-WILLOW RUN PRIVATE STREETS—APPROVED Planner Amy Feltner reviewed the request from Dewberry Engineers, Inc., on behalf of D.R. Horton, for a waiver of the public street requirements specified in §144-24(C) of the Subdivision Ordinances. She said the request is associated with Master Development Plan #06-22, currently in review, and as a condition of this request, and as required per the ordinance, the proposed base and surface shall meet or exceed the requirements of Virginia Department of Highway Standards (VDOT). Supervisor Graber moved to approve the waiver of the public street requirements specified in §144- 24(C) of the Subdivision Ordinances for Willow Run. Supervisor Ludwig 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 139 WAIVER REQUEST PRIVATE STREETS IN THE WILLOW RUN SUBDIVISION OF LAND CHAPTER 144 Lot Requirements § 144-24(C)(2)(c) WHEREAS, the D.R. Horton has requested a waiver of the public street requirement in The Willow Run Project as allowed by§ 144-24(C(2)(c)of the Zoning Ordinance. This waiver would permit the The Willow Run Project to be developed with a complete network of private streets; and WHEREAS,The Planning Commission held a public meeting on this waiver request on December 7,2022; and WHEREAS,The Board of Supervisors held a public meeting on this waiver request on December 14,2022; and WHEREAS, this approval is conditioned upon the applicant providing third party inspection reports to certify the private streets meet VDOT Standards; and WHEREAS,the Frederick County Board of Supervisors finds that the approval of this waiver to be in the best interest of the public health, safety,welfare, and in good zoning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that a waiver of§ 144- 24(C)(2)(C) of the Frederick County Zoning Ordinance is approved to waive the public road requirement within the Willow Run Project. + + + + + + + + + + + + + + BOARD LIAISON REPORTS- None CITIZEN COMMENTS Tim Regan, Back Creek District,said the Board should review the change in cost reported by the School Board for an air conditioning unit. Allen Shaffer,Shawnee District,discussed the intersection of Tasker Road and Warrior Drive. He noted many children live in the area and said that a crosswalk is needed for the safety of pedestrians. C. William Orndoff, Frederick County Treasurer, reviewed the recently implemented personal property tax rebate. BOARD OF SUPERVISORS COMMENTS Supervisor Graber congratulated County Administrator Michael Bollhoefer on his first year of service. He thanked those staff members who will be working on the Christmas holiday. Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia 140 Chairman DeHaven wished everyone a blessed holiday. ADJOURN Chairman DeHaven adjourned the meeting at 8:42 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 Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 141 Board of Supervisors Meeting Minutes of December 14, 2022 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, November 15,2022 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on November 15, 2022. Members present were Natalie Gerometta, Dennis Grubbs (remotely), Ronald Madagan, Amy Strosnider, Charles Sandy,Jr., and Jennifer Myers. Non-voting Board Liaison, Mr. Robert Wells. Members absent: Guss Morrison, Gary Longerbeam. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommends accepting the attached Fees and Charges. 2. The Commission recommends the FY 2024 Operating and Capital Budget as presented. Cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia 142 FY 24 Fees Effective January 1,2023 Resident Non resident FCPRD Baseball and Softball Fields Hourly rate $ 13 $ 18 per hr/2 hr min Field prep for game(drag,line) $ 32 $ 37 1x Fee Tournament(9am-11pm) $ 135 $ 165 9 a.m.-11 p.m. Lights** $ 17 $ 17 per hr FCPS Baseball and Softball Fields(Practice Fields)* Practice(M-F 6-10 pm,Sat/Sun 9 am-10 pm) $ 13 $ 18 per hr/2 hr min Game(M-F 6-10 PM,Sat/Sun 9 am-10 pm) $ 32 $ 37 per hr/2 hr min FCPS Baseball and Softball Fields(Game Fields)* Practice(M-F 6-10 pm,Sat/Sun 9 am-10 pm) $ 32 $ 37 per hr/2 hr min Game(M-F 6-10 PM,Sat/Sun 9 am-10 pm) $ 46 $ 51 per hr/4 hr min Tournament(9am-10 pm) _ $ 370 $ 400 per reservation Lights** $ 17 $ 17 per hr FCPS Practice Field(MBHS)* _ Hourly rate $ 22 $ 27 per hr Field prep for game(fine) $ 170 $ 200 4 hr min Game per hour over hours $ 45 $ 50 per hr Soccer Fields Sherando 1-4 $ 30 $ 46 per hr Sherando 6-7 $ 20 $ 30 per hr Open Field Area(Tiger Field,NW Sherando,etc.) $ 15 $ 15 per hr Special Lining Soccer lining $ 150 $ 150 one time Football lining $ 200 $ 200 one time Lacrosse linin $ 225 $ 225 one time Sand Volleyball Courts _ Sand(CB 1-6,SH Pool Court) $ 12 $ 17 per hr(2 hr min) Open Space per acre $ 70 $ 100 per day Disc Golf Course $ 145 $ 200 per day Hockey Rink perhour $ 60 $ 76 Pickleball Per court,1-3 $ 12 $ 17 per hr(2 hr min) Racquetball Courts Private rental $ 20 $ 25 per hr(2 hr.min) Weekly drop-in $ 2 $ 3 Weight Room During program hours only,refer to schedule NC NC Gymnasium Community Center $ 30 $ 40 per hr/2 hr min Middle School Gyms(M-F only)*** $ 55 $ 75 per hr/2 hr min Full Day Rental(Community Gym only) $ 300 $ 450 8 a.m.-10 p.m. Greenwood/G a i nes bo ro/Evendale Activity Room $ 25 $ 41 per hr/2hr min Gainesboro/Evendale Wooden Floor Room $ 20 $ 36 per hr/2 hr min Sherando Activity Room w/kitchen $ 40 $ 56 per hr/2 hr min Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia 143 Swimming Pool Under3 Free Free 3 and older(M-Th) $ 3 $ 3 entry 3 and older(F-Su) $ 5 $ 5 Last Hour(Daily) $ 1 $ 1 Season Pass(ind.) $ 150 $ 200 Season Pass(family up to 5) $ 300 $ 350 Pool Rental-2 hour $ 250 $ 300 Pool Rental-4 hour $ 450 $ 550 Lap Swim will be free for County residents. Non-residents will be charged$2/visit. Ampitheatre 250 Capacity $ 65 $ 99 per hr(2 hr min) Outdoor Movie Theater(equipment rental) Includes all equipment and staff $ 400 $ 425 Shelters 30 Capacity Lock Gazebo(SH) $ 52 1 $ 67 perclay Lawrence Shelter (CB) $ 52 $ 67 per day Tom Baldridge/Jaycee Shelter(RH) $ 52 $ 67 per day Mon-Thurs Non-Holiday $ 32 $ 35 perclay 75 Capacity FFA(SH) $ 62 $ 79 perday Abex(SH) $ 62 $ 79 per day Key Club(CB) $ 62 $ 79 per da JW Colonel(CB) $ 62 $ 79 perday Rubbermaid(CB) $ 62 $ 79 per day Antique Car(CB) $ 62 $ 79 per day Brill(CB) $ 62 $ 79 perclay Mon-Thurs Non-Holiday $ 31 $ 40 per day 150 Capacity Ruritan (SH) $ 82 $ 99 per da Sandy(SH) $ 82 $ 99 per day Kiwanis II(CB) $ 82 $ 99 per day Lions Club(CB) $ 82 $ 99 1perday Mon-ThursNon-Holiday $ 37 $ 45 1perday 200 Capacity Lions Club(SH) $ 95 $ 125 per da Kiwanis I(CB) $ 95 $ 125 per da Mon-Thurs Non-Holiday $ 45 $ 52 per day Discounts 20%off for 50 or more hours rented of baseball/softball/soccer or gymnasium Rentable High School Fields *Subject to High School Athletic Coordinators approval/Certificate of Insurance Required **Follows daylight savingtime schedule ***FCPS Middle School Subject to availability and may require staff at an additional cost Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia 144 Board of Supervisors Meeting Minutes of December 14, 2022 - Appendix 2 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, November 28, 2022 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter Chairman (Voting), Charles DeHaven, Jr. (Voting), Gary Oates (Voting), Shontya Washington (Voting) and Lewis Boyer(Liaison Stephens City) Committee Members Absent: Shawn Graber(Voting) and Kevin Kenney (Voting) Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Application Preparation Expenditures Request: Upon a motion by Charles DeHaven, Jr., seconded by Shontya Washington, the Committee recommends that the Board authorize staff to incur expenses under the transportation fund for several efforts related to preparation for upcoming application rounds and due diligence for project development/readiness. These are the Lenoir Drive slip ramps conceptual layout and cost estimate, concept drawings and cost estimates for Transportation Alternatives program applications and the concept drawings and cost estimates for Revenue Sharing program applications. The estimated cost for these efforts through the end of the fiscal year is expected to be under$100,000.00. ITEMS FOR INFORMATION ONLY: Route 37 Study Update: Route 37 Study Update: Staff gave an update on the Route 37 with the selection of a consultant McCormick and Taylor. Staff is working on the scope of work of the project and will report back at the next Committee meeting. Also, Staff is working on putting the survey that presentation of the Route 37 study presented at the Transportation Forum of the on the website for feedback. Transportation Forum Recap: Staff offered a brief recap of the transportation forum that was held on November 10th. A good participation of Agencies and Elected Officials but a low citizen turnout. Staff received good feedback from those citizens in attendance. Capital Improvement Plan: Staff gave an overview of the cost estimates for the Capital Improvement Plan request for contribution. The Committee was in agreement with the presented CIP request to be part of the included Transportation section of the completed CIP that will need the Boards approval. County Project Updates: Renaissance Drive: Project was put out for bid on November 15th and staff is awaiting bids. Upon receipt of bids staff will be returning to the Committee and Board Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia 145 for final authorization to move forward. There will also be supporting actions needed through the Finance Committee and Board of Supervisors to prepare the project budget. Gainesboro Road/Route 522 Intersection Project: Staff is awaiting the draft Signal Justification Report for the Intersection Project. Other: Staff gave an update on the pending Smartscale applications as at the Staff level status should be known in January to be adopted in June. Matt Smith, VDOT updated the Committee on the District Planning has hired a consultant for a STARS study to be completed on Route 50 west. VDOT has initiated a speed and safety analysis study of Back Mountain Road. Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia Board of Supervisors Meeting Minutes of December 14, 02 - ppendix 3 JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, November 29, 2022 8:00 a.m. Board of Supervisors Meeting Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Robert W.Wells, acting Chairman; Gene Fisher; Harvey E. "Ed" Strawsnyder,Jr.; and Kevin Kenney Committee Members Absent: J. Douglas McCarthy, Chairman; Gary Longerbeam LANDFILL OVERSIGHT COMMITTEE ATTENDEES: Committee Members Present: Michael Bollhoefer; Robert W.Wells; Perry Eisenach; Stan Crockett; Chris Boies;Justin Hall; and Mike Neese Committee Members Absent: none Staff present:Joe C. Wilder, Director of Public Works; Mark Fleet, Building Code Official; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Kathy Whetzel, Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Rod Williams, County Attorney; Michael Bollhoefer, County Administrator; Kevin Alderman, Shawneeland Manager; Karen Orndorff, Public Works Operations Manager, Dale Ballenger, Landfill Operations Manager;Andrew Clark, Landfill Environmental Manager (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-We held a joint Public Works/Landfill Oversight Committee meeting to discuss the proposed Landfill budget for fiscal year 2024. At the beginning of the meeting, we held a closed session for the following purpose: • Pursuant to Virginia Code§ 2.2-3711(A)(3), the discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. After coming out of the closed session, there was a unanimous roll call vote from each member of the Public Works Committee and Landfill Oversight Committee to certify thatonly public business matters related to the subject was discussed. 2-Thecommittee members were informed that we completed the MSW Landfill Phase3, Cell A project and have received the certificate to occupy (CTO) from the Virginia Department of Environmental Quality(DEQ)to usethe new cell for waste disposal. We anticipate that this cell will have a life expectancy of 15 years. Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia 147 The committee members were also informed that we have begun the process of expanding the footprint of our Construction/Demolition Debris (COD) landfill. We anticipate expansion of the COD landfill would take our life expectancy in that landfill from 16 years currently to over 30 years with the expansion. We hope to have the expansion permit by the end of 2024. After some discussion with the committees and staff,the joint committees fully endorsed the landfill budget. 3-We provided an update on usage at the county's Citizen Convenience Centers and updates on the recycling program and litter control programs. 4-A brief overview was provided of the current projects being managed by the Engineering Department. We have begun site work atthe Gore Citizens Convenience Center with an early spring completion date.We are pavingthis week at the Marion Drive subdivision and hope to complete this project next week. The Voter Registrar renovation project at Sunnyside Plaza continues with an anticipated completion date by late spring 2023. Lastly,we have adve rtised a n I F B fo r Re na issa n ce D rive,P hase 2 road p roj ect. Bids are due bymid-J anuary2023with an early spring start. It is anticipated that completion of this road project will be spring of 2024. 5-Staff presented the Public Works Department fiscal year 2024 budgets. Each budget was discussed in detail. After the discussion ended, the committee unanimously endorsed the budgets. Respectfully submitted, Public Works Committee Robert W.Wells Gene Fisher Harvey E. "Ed" Strawsnyder,Jr. Kevin Kenney By: Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager Mark Fleet, Building Code Official file Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia Board of Supervisors Meeting Minutes of December 14, 2022 ABSTRACT of VOTES - Appendix 4 148 Cast in FREDERICK COUNTY, VIRGINIA at the 2022 November General Election held on November 08, 2022 for, Member House of Representatives District: 06 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ben L. Cline - Republican 22317 Jennifer Lynn Lewis - Democratic 11302 Total Write-In votes[From Write-Ins Certifications] 74 [Valid Write-Ins + Invalid Write—ins=Total Write In Votes] Total Number of Overvotes for Office 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 08,2022, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. Given under our hands this da v of j 111'-" , Chairman Vice Chairman t Secretary Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia ABSTRACT of VOTES 149 Cast in the Town of STEPHENS CITY in FREDERICK COUNTY,VIRGINIA at the 2022 November General Election held on November 08, 2022 for, Mayor District: STEPHENS CITY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Michael A. Diaz Jr. 554 Total Write-In votes [From Write-ins Certifications] 29 [Valid Write-Ins+ Invalid Write—ins=Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 08, 2022, do herby certify that the above is a true and correct Abstract of Votes at the said election and do,therefore, determine and declare that the following person(s)has received the greatest number of votes cast for the Mayor. Michael A. Diaz Jr. Given under our hands this Vy day of a r Chairman Vice Chairman Secretary Minute Book 48 Board of Supervisors Regular Meeting of December 14, 2022 County of Frederick, Virginia BSTRACT of VOTES 150 Cast in the Town of STEPHENS CITY in FREDERICK COUNTY, VIRGINIA at the 2022 November General Election held on November 08, 2022 for, Member Town Council District: STEPHENS CITY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Regina Swygert-Smith 466 Linden A. Fravel III 449 Linden A. Fravel Jr. 436 Total Write-In votes [From Write-Ins Certifications] 22 [Valid Write-Ins+ Invalid Write—ins=Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 08, 2022,do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s)has received the greatest number of votes cast for the Member Town Council. 1. Regina Swygert-Smith 2. Linden A. Fravel III 3. Linden A. Fravel Jr. Given under our hands this da y o oa Chairman Vice Chairman Secretary Minute Book 48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia ABSTRACT of REFEREDU .`.:� `oTES 151 Cast in FREDERICK COUNTY,VIRGINIA at the 2022 November General Election held on November 08, 2022 for, Town Hall Bond District: STEPHENS CITY Shall the Town of Stephens City,Virginia contract a debt, borrow money,and issue its general obligation bond(s) in the maximum aggregate principal amount not to exceed$2,460,000 for the purposes of providing funds to construct, reconstruct,rehabilitate, and equip various improvements to the Town's Old Stephens City School property for use as a Town Hall and community use and to pay costs of issuing the bond(s)? []YES [] NO QUESTION RESPONSE TOTAL VOTES RECEIVED (IN FIGURES) Total YES votes 492 Total NO votes 148: Total Number of Overvotes for Question 0 We,the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 08, 2022,do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the proposed referendum. PASSED Given under our hands this day o cQa Chairman Vice Chairman Secretary ,mw Minute Book 48 Board of Supervisors Regular Meetin of cember 14,2022 County of Frederick, Virginia ABSTRACT & VOTES 152 Cast in the Town of MIDDLETOWN in FREDERICK COUNTY,VIRGINIA at the 2022 November General Election held on November 08, 2022 for, Member Town Council District: MIDDLETOWN NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Carole S. Snyder Jones 305 Jeffrey H. Pennington 304 Daniel S. Fink 270 Total Write-In votes [From Write-Ins Certifications] 15 [Valid Write-Ins+ Invalid Write ins=Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 08, 2022, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member Town Council. 1. Carole S. Snyder Jones 2. Jeffrey H. Pennington 3. Daniel S. Fink Given under our hands this 1 � day of Chairman Vice Chairman Secretary Minute Book48 Board of Supervisors Regular Meeting of December 14,2022 County of Frederick, Virginia