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Home My WebLink AboutSeptember 27 2023 Regular Meeting Minutes 45 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 27, 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; Amy Feltner, Planner I; Kayla Peloquin, Planner I; 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. INVOCATION Pastor Samuel Rogers of Hope Valley Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. 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. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 46 ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a motion by Supervisor Graber, seconded by Supervisor Lockridge, with one item moved from the Consent Agenda to the County Officials section. CITIZEN COMMENTS Brian Nuri, Opequon District, discussed the issue of regulating campaign signs at the Registrar's office. He voiced his displeasure with a Board member and an attorney attending a meeting of the Electoral Board in a threatening manner. Candace Lundin, Opequon District, spoke in favor of her Conditional Use Permit application #03- 23 being reconsidered. Marcia Brody spoke in favor of Conditional Use Permit application #03-23 being reconsidered. Debra Snider, Gainesboro District, discussed the County's public safety communications tower on Poorhouse Road. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Graber moved for the adoption of the consent agenda as presented. Supervisor Slaughter 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 Closed Session, Regular Meeting, and Work Session of August 9, 2023 - CONSENT AGENDA APPROVAL -Approval of Minutes of Joint BOS-PC Work Session of August 16, 2023 :CONSENT AGENDA APPROVAL -Acceptance of Finance Committee Report of August 16, 2023 - CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Transportation Committee Report of August 28, 2023 - CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Public Works Committee Report of August 29, 2023 - CONSENT AGENDA APPROVAL, Appendix 3 -Confirmation of the Consensus Reached at the Joint BOS-PC Work Session to Send the Following Comprehensive Plan Amendment Request Applications Forward Through the Amendment Process: 01-23; 02-23; 03-23; and 04-23 - CONSENT AGENDA APPROVAL Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 47 - Resolution Add ressinq Agriculture Drought Disaster Relief-CONSENT AGENDA APPROVAL RESOLUTION FREDERICK COUNTY AGRICULTURE DROUGHT DISASTER RELIEF WHEREAS, the rainfall for the spring/summer growing season has been extremely low across most of Frederick County;and WHEREAS, Virginia Cooperative Extension is working with their damage assessment teams and partner USDA agencies,including the Farm Service Agency,to complete a damage assessment for Frederick County;and WHEREAS,the damage assessment estimates show this lack of rainfall has caused yield losses of 45%for hay,30% loss for corn,a 25%loss of soybean,and a 35%loss of pasture grazing days;and yield losses will continue to escalate unless there is significant rainfall soon;and WHEREAS,the combined effect of hay yield loss and pasture grazing day loss is resulting is a severe shortage of hay in the area;and WHEREAS, U.S. Geological Survey Groundwater data show groundwater levels are at extremely low levels with reports of some wells underperforming in the area,it is incumbent upon the Frederick County Board of Supervisors to act responsibly in an effort to help protect vital public interests including the economic viability of the County's agricultural economy and farmers who constitute the core of that economy. NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that the County Administrator is directed to make a formal request of the Governor of Virginia that Frederick County be declared an agriculture disaster area and that any and all appropriate State and Federal disaster relief and assistance be made available to farmers in Frederick County. + + + + + + + + + + + + + + - Resolution Ratifying Drought Warning Declaration - CONSENT AGENDA APPROVAL RESOLUTION RATIFYING DROUGHT WARNING DECLARATION WHEREAS, the rainfall for the spring/summer growing season has been extremely low across most of Frederick County;and WHEREAS,the Virginia Department of Environmental Quality(DEQ)previously issued a Drought Warning for the Shenandoah Region;and WHEREAS U.S.Geological Survey Groundwater data show groundwater levels are at extremely low levels and there are reports of some wells underperforming in the area,it is incumbent upon the Frederick County Board of Supervisors to act responsibly in an effort to help protect vital public interests including the economic viability of the County's agricultural economy and farmers that constitute the core of that economy;and WHEREAS,drought conditions have caused significant adverse impacts to the reliability of water resources and the ability of the Frederick County Sanitation Authority (aka Frederick Water) to adequately supply and meet future demands or usage requirements of its clients,and the public health and safety are at risk;and Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 48 WHEREAS, a Drought Emergency was issued on September 8, 2023, but with positive customer response to the Drought declarations including a 25%reduction in daily water consumption,and in consultation with Frederick Water, the restrictions can now be relaxed from emergency status to warning status while authorities continue to monitor groundwater well and quarry recharges to determine future drought stage considerations. NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors affirms the declaration of a drought warning as issued on September 22,2023. + + + + + + + + + + + + + + - Resolution Regardinq a Traditional Signalized Intersection at Gainesboro Road and U.S. Route 522— CONSENT AGENDA APPROVAL RESOLUTION REGARDING A TRADITIONAL SIGNALIZED INTERSECTION AT GAINESBORO ROAD AND U.S. ROUTE 522 WHEREAS, traffic entering and exiting Frederick County Middle School and Gainesboro Elementary School consistently encounters and adds to an unsafe condition;and, WHEREAS,the entrance points for these schools are to be relocated to Gainesboro Road;and WHEREAS, the County, at its expense, has endeavored to upgrade the intersection of Gainesboro Road and U.S. Route 522 to accommodate this traffic as well as improve the safety for existing users;and, WHEREAS,the County has engaged in a cooperative study process with VDOT staff and the County's consultant to determine the best course of action to maximize safety at this intersection;and WHEREAS,the two highest scoring alternatives are a Continuous Green T and a Traditional Signalized Intersection; and WHEREAS, the County's highest priority is the safety of the traveling public, particularly school students in this location;and WHEREAS,the County's Transportation Committee has recommended the implementation of a traditional signalized intersection;and WHEREAS,while the County has consistently utilized and supported alternative intersection designs,both the lack of compelling safety data regarding the use of a Continuous Green T and concerns regarding impacts to downstream properties indicate that a traditional signalized intersection is the better alternative. NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors of the County of Frederick hereby submits this resolution to notify the Virginia Department of Transportation and Commonwealth Transportation Board of the County's preference for a traditional signalized intersection at Gainesboro Road and U.S.Route 522. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 49 COUNTY OFFICIALS REGIONAL BROADBAND PROJECT UPDATE -ALL POINTS BROADBAND Jimmy Carr of All Points Broadband provided an update on the regional broadband initiative. RESOLUTION PROHIBITING LEASING OF SPACE ON THE FREDERICK COUNTY PUBLIC SAFETY COMMUNICATIONS RADIO TOWER ON POORHOUSE ROAD—Adopted Supervisor Lockridge moved for the adoption of the Resolution Prohibiting Leasing of Space on The Frederick County Public Safety Communications Radio Tower on Poorhouse Road. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye DISCUSSION OF THE PUBLIC SAFETY COMMUNICATIONS RADIO SYSTEM PROJECT Supervisor Graber recognized Seth Haines who discussed the County's ongoing Public Safety Radio Communications project. By consensus, the Board agreed to hear and update and comments from the County's radio project management consultant, Tusa Consultants, at the next meeting. SIGNAGE GUIDELINES FOR EARLY VOTING AT THE SUNNYSIDE POLLING PLACE County Administrator Bollhoefer discussed the recent complaints about campaign signs at the new voter registration office location at the Sunnyside Plaza shopping center in the County. He requested that the Board set a policy regarding campaign signs on County property. Supervisor Graber moved that the County set a policy of no signs on County property at the office of the Voter Registrar. Supervisor Ludwig seconded the motion.The Board discussed the motion and the option to limit the size of signs rather than prohibit them altogether. The motion failed on a recorded vote as follows: Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 50 Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No By consensus, the Board agreed that the County Administrator should continue regulating the campaign signs at the Registrar's office as he had been with the maximum size per sign of four feet square, said signs being installed on a wire frame. EMERGENCY BAN ON OPEN-AIR BURNING CANCELLED On motion of Supervisor Graber, seconded by Supervisor Wells, the Emergency Ban on Open-Air Burning was allowed to expire 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 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS JANET CLARKE APPOINTED TO SOCIAL SERVICES BOARD AS OPEQUON DISTRICT REP.- APPROVED On motion of Supervisor Wells, seconded by Supervisor Slaughter, Janet Clarke was appointed to the Social Services Board as the Opequon District representative for a 4-year term ending September 27, 2027. The motion 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 DOLORES STOTTLEMYER RECOMMENDED FOR APPOINTMENT TO BOARD OF ZONING APPEALS —APPROVED On motion of Supervisor Ludwig, seconded by Supervisor Graber, the appointment of Dolores Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 51 Stottlemyer for a vacant term ending 12-31-23 and an additional five-year term representing the Shawnee District on the Board of Zoning Appeals was recommended to the Circuit Court. The motion 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 JAY E. TIBBS REAPPOINTED TO REGIONAL JAIL AUTHORITY AS FREDERICK COUNTY REPRESENTATIVE—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, Jay E. Tibbs was reappointed to the Regional Jail Authority as Frederick County Representative for a 4-year term expiring 10/13/27. The motion carried on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE THE COMMISSIONER OF THE REVENUE REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $20,500. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Commissioner of the Revenue requests an FY 2024 General Fund supplemental appropriation in the amount of$20,500. 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. Aye Judith McCann-Slaughter Aye THE DEPARTMENT OF SOCIAL SERVICES REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $16,443. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Ludwig, the Board approved the Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 52 following: The Department of Social Services requests an FY 2024 General Fund supplemental appropriation in the amount of$16,443. 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. Aye Judith McCann-Slaughter Aye THE FIRE & RESCUE CHIEF REQUESTS AN FY 2023 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $10,673.08. —APPROVED On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the following: The Fire & Rescue Chief requests an FY 2023 General Fund supplemental appropriation in the amount of$10,673.08. 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. Aye Judith McCann-Slaughter Aye THE FIRE & RESCUE CHIEF REQUESTS AN FY 2024 GENERAL FUND REVENUE APPROPRIATION IN THE AMOUNT OF $75,000 AND AN EXPENDITURE APPROPRIATION IN THE AMOUNT OF $17,132.50. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Fire & Rescue Chief requests an FY 2024 General Fund revenue appropriation in the amount of$75,000 and an expenditure appropriation in the amount of$17,132.50. 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. Aye Judith McCann-Slaughter Aye THE EMS BILLING MANAGER REQUESTS AN FY 2023 EMS EXPENSE RECOVERY FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $412,989. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The EMS Billing Manager requests an FY 2023 EMS Expense Recovery Fund supplemental appropriation in the amount of$412,989. 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 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 53 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE STEPHENS CITY VOLUNTEER FIRE & RESCUE COMPANY REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $249,000. — APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Stephens City Volunteer Fire & Rescue Company requests an FY 2024 General Fund supplemental appropriation in the amount of$249,000. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE CLEAR BROOK VOLUNTEER FIRE & RESCUE COMPANY REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $50,000. — APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Clear Brook Volunteer Fire & Rescue Company requests an FY 2024 General Fund supplemental appropriation in the amount of$50,000. 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. Aye Judith McCann-Slaughter Aye THE NRADC SUPERINTENDENT REQUESTS AN FY 2024 NRADC FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $10,300. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The NRADC Superintendent requests an FY 2024 NRADC Fund supplemental appropriation in the amount of$10,300. 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. Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 54 THE FINANCE DIRECTOR REQUESTS AN FY 2024 NRADC FUND BUDGET REDUCTION IN THE AMOUNT OF $250,312 AND A GENERAL FUND BUDGET REDUCTION IN THE AMOUNT OF $112,737. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Finance Director requests an FY 2024 NRADC Fund budget reduction in the amount of $250,312 and a General Fund budget reduction in the amount of$112,737. 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. Aye Judith McCann-Slaughter Aye THE PARKS & RECREATION DIRECTOR REQUESTS AN FY 2023 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,850 AND AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $900.—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Parks & Recreation Director requests an FY 2023 General Fund supplemental appropriation in the amount of$2,850 and an FY 2024 General Fund supplemental appropriation in the amount of $900. 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. Aye Judith McCann-Slaughter Aye THE PARKS & RECREATION DIRECTOR REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4,430. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Parks & Recreation Director requests an FY 2024 General Fund supplemental appropriation in the amount of$4,430.The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE PARKS & RECREATION DIRECTOR REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1,040,686.50. —APPROVED Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 55 On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Parks & Recreation Director requests an FY 2024 General Fund supplemental appropriation in the amount of$1,040,686.50. 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. Aye Judith McCann-Slaughter Aye THE PARKS & RECREATION DIRECTOR REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $130,509.50. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Lockridge the Board approved the following: The Parks & Recreation Director requests an FY 2024 General Fund supplemental appropriation in the amount of$130,509.50. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,989.95.—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Sheriff requests an FY 2024 General Fund supplemental appropriation in the amount of $2,989.95. 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. Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS AN FY 2023 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $9,116.48.—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of $9,116.48.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 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 56 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS AN FY 2023 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1,752 AND AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,500. —APPROVED On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the following:The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of$1,752 and an FY 2024 General Fund supplemental appropriation in the amount of$7,500. 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. Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS AN FY 2023 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $10,000.— DENIED The motion of Supervisor Slaughter, seconded by Supervisor Wells, to approve the Sheriff's request for an FY 2023 General Fund supplemental appropriation in the amount of$10,000 failed on a recorded vote as follows: Blaine P. Dunn No 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 THE SHERIFF REQUESTS AN FY 2024 GENERAL FUND REVENUE APPROPRIATION IN THE AMOUNT OF $53,628. —APPROVED On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the following: The Sheriff requests an FY 2024 General Fund revenue appropriation in the amount of $53,628. 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. Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 57 THE SHERIFF REQUESTS AN FY 2023 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $19,320. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of $19,320. 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. Aye Judith McCann-Slaughter Aye THE DEPUTY COUNTY ADMINISTRATOR REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1,423 —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Deputy County Administrator requests an FY 2024 General Fund supplemental appropriation in the amount of$1,423. 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. Aye Judith McCann-Slaughter Aye THE DEPUTY COUNTY ADMINISTRATOR REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,851. —APPROVED On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the following: The Deputy County Administrator requests an FY 2024 General Fund supplemental appropriation in the amount of$7,851. 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. Aye Judith McCann-Slaughter Aye THE DEPUTY COUNTY ADMINISTRATOR REQUESTS AN FY 2024 GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,410. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Deputy County Administrator requests an FY 2024 General Fund supplemental appropriation in the amount of$2,410. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 58 Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye FINANCE/AUDIT COMMITTEE CHARTER REVIEWED AND ADOPTED. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. The committee recommends no changes to the charter and authorizes the Finance Committee Chairman to sign audit engagements. 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. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) PROPOSED BOUNDARY LINE ADJUSTMENT WITH THE TOWN OF MIDDLETOWN, VIRGINIA — APPROVED Planning Director Wyatt Pearson explained the requested boundary line adjustment and noted the two separate action items proposed by staff. Vice Chairman Dunn opened the public comment period. Matt Shaffer, Back Creek District, spoke in favor of the boundary line adjustment. Vice Chairman Dunn closed the public comment period. Supervisor Graber moved for approval of the Updated Joint Agreement for Administration of Proffers. Supervisor Lockridge 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 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE TOWN OF MIDDLETOWN REGARDING THE JOINT ADMINISTRATION OF PROFFERS Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 59 WHEREAS,the Town of Middletown and Frederick County have benefited from the joint administration of proffers within the Town since 2005;and WHEREAS, in continuance of this mutually beneficial relationship, renewal of the Joint Agreement for Administration of Proffers dated August 10`h,2005,is necessary;and NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors approves an updated Joint Agreement for Administration of Proffers between the County and the Town, a copy of which is attached hereto as Exhibit C and made a part hereof. Supervisor Graber moved for the adoption of the Resolution to Approve an Agreement Between the County of Frederick and the Town of Middletown Regarding Boundary Line Adjustment. 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 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE TOWN OF MIDDLETOWN REGARDING A BOUNDARY LINE ADJUSTMENT WHEREAS, certain parcels of land are located in close proximity to the existing corporate limits of the Town of Middletown, Virginia, totaling 15.9953 acres, more or less, comprised of two parcels and right of way, further described on the Exhibit Plat prepared by S.W.Marsh on July 12`h,2023 a copy of which is attached hereto as Exhibit A and made a part hereof;and WHEREAS,the Town desires to provide services to the parcels and the affected property owners have agreed to be brought into the Town;and WHEREAS, the Town of Middletown, pursuant to authority granted to it under Code of Virginia §15.2-3106, as amended,desires to enter into an agreement to change the boundary line at the location of the subject parcels to place the parcels wholly within the Town;and WHEREAS,the Town held a public hearing in accordance with Code of Virginia§15.2-3107,as amended,on August 10,2023, and at that meeting resolved to approve an agreement between the County of Frederick and the Town of Middletown to conduct a Boundary Line Adjustment for the parcels in question;and WHEREAS, Frederick County held a public hearing on September 27`h, 2023 on the Agreement to Change the Boundary Line,a copy of which is attached hereto as Exhibit B and made a part hereof,and NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors approves the Agreement to Change the Boundary Line between the County and the Town. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 60 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #08-23 YENISEL LAMBERT— POSTPONED TO OCTOBER 11, 2023 Planner Kayla Peloquin reviewed the request for a Conditional Use Permit(CUP)for Yenisel Lambert for a dog kennel and breeding facility. She listed the conditions to be attached to the CUP if the Board of Supervisors finds the application appropriate. The Applicant, Yenisel Lambert, reviewed her application and explained that she had reduced the total number of dogs from what she stated when her application was before the Planning Commission. The Board discussed the number of dogs requested and the general plans for the breeding operation. Vice Chairman Dunn opened the public comment period. Candace Lundin, Opequon District, noted concerns about the breeding operation. Gabriella Brooks, Stonewall District, spoke in favor of the conditional use permit and the breeding operation. Dana Bunn, Back Creek District, said government overreach is a concern and spoke in favor of property rights. Joseph Brand, Stonewall District, asked the Board to approve the conditional use permit. Alexis Forest, Stonewall District, said she is a dog groomer familiar with the Applicant and spoke in favor of the conditional use permit approval. Jacob ?, Stonewall District, spoke on behalf of his mother, the Applicant, in favor of the conditional use permit approval. Vice Chairman Dunn closed the public comment period. Supervisor Slaughter moved to postpone action on CUP #08-23 for Yenisel Lambert until October 11, 2023, to allow the Board members additional time to review the amended application. Supervisor Wells seconded the motion to amend which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 61 + + + + + + + + + + + + + + REZONING #02-23 OF GLOBAL HEADQUARTERS, LLC., (BOWMAN TRUCKING)— APPROVED Assistant Planning Director John Bishop reviewed the rezoning application #02-23 of Global Headquarters, LLC (Bowman Trucking)submitted to rezone +/- 1.86 acres from the M2 (Industrial General) District to the B2 (General Business) District with proffers and +/-0.29-acres from the B2 (General Business) District to the B2 (General Business) District with proffers for a total of 2.15-acres. He said as proposed the request is in compliance with the Comprehensive Plan including the Southern Frederick Area Plan. Vice Chairman Dunn opened the public comment period. No one wished to address the Board. Vice Chairman Dunn closed the public comment period. Supervisor Wells moved for approval of Rezoning #02-23 of Global Headquarters, LLC., (Bowman Trucking). 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 Heather H. Lockridge Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. (Remote participant vote inaudible) ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#02-23 Global Headquarters,LLC. (Bowman Trucking) WHEREAS,REZONING#02-23 Global Headquarters,LLC(Bowman Trucking)was submitted to rezone 1.86+/-acres from the M2(Industrial General)District to B2(General Business)District and 0.29+/-acres from B2(General Business) District to the B2(General Business)District with proffers. The properties are located at 436 Fairfax Pike, Stephens City and are identified with Property Identification Number 86-A-82 in the Opequon Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on August 16,2023 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on September 27th,2023; 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, 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 #02-23 Global Headquarters, LLC(Bowman Trucking) to rezone 1.86+/- acres from the M2 (Industrial General) District to B2 Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia 62 (General Business) District and 0.29+/- acres from B2(General Business)District to the B2 (General Business) District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owners are attached. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #04-23 FOR LEE EBERT, LLC., (LEE EBERT)—APPROVED Planner Amy Feltner reviewed the application for Conditional Use Permit#04-23 for Lee Ebert, LLC., (Lee Ebert) saying it is a request for a Conditional Use Permit(CUP)to enable tractor truck and tractor truck trailer parking on one parcel totaling approximately 5.37+/-acres located on Ebert Road in the Stonewall Magisterial District. She listed the conditions to be attached to the CUP if the Board of Supervisors finds the application appropriate. Erin Swisshelm of Walsh, Colucci, Lubeley&Walsh, P.C., representing the Applicant, explained the request. Vice Chairman Dunn opened the public comment period. Mike Weber, Stonewall District, spoke opposing the approval of the conditional use permit citing traffic concerns on U.S. Route 11. Mark Regan, Stonewall District, spoke opposing the approval of the conditional use permit citing traffic concerns on U.S. Route 11. Vice Chairman Dunn closed the public comment period. At the request of Supervisor Slaughter, Assistant Planning Director Bishop relayed the communication from VDOT offering no comment on the traffic situation relative to the permit request. In response to Supervisor Graber's question, Ms. Swisshelm said the Applicant would be willing to provide portable sanitation facilities on-site as a condition of the permit. Supervisor Slaughter moved for approval of Conditional Use Permit#04-23 for Lee Ebert, LLC., (Lee Ebert) with the additional condition that portable sanitation facilities be provided on-site. Chairman DeHaven seconded the motion. The Board discussed the request including the planned use of the site and traffic generation. The motion to approve the CUP with the additional condition 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. Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 63 ORDINANCE CONDITIONAL USE PERMIT#04-23 LEE EBERT,LLC. WHEREAS, CONDITIONAL USE PERMIT APPLICATION#04-23 was submitted by Lee Ebert, LLC., to allow for a tractor truck and tractor truck trailer parking facility. The property is located on Route 11 North(Martinsburg Pike) to Ebert Road (Route 837) and is further identified with Property Identification Number 44-A-6A in the Stonewall Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on August 16,2023 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 September 27,2023;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,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,Conditional Use Permit#04-23 to allow for a tractor truck and tractor truck trailer parking facility on the parcel identified with Property Identification Number 44-A-6A is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. 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 165-204.24 tractor truck and tractor truck trailer parking. 3. Any expansion or modification of this use will require approval of a new conditional use permit. 4. Portable sanitation facilities(mobile restrooms)shall be provided on-site. + + + + + + + + + + + + + + At 10:00 p.m., the Board recessed for a 10-minute break. At 10:10 p.m., the Board reconvened. COMPREHENSIVE PLAN AMENDMENT, NORTHEASTERN LAND USE PLAN (NELUP)— APPROVED Planning Director Wyatt Pearson explained the history and timeline of the proposed update of the Northeastern Land Use Plan, and reviewed the two versions of the Northeast Land Use Plan (NELUP) update which were authorized for public hearing: Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 64 Scenario A most closely resembles the plan presented to the Planning Commission on December 7th, 2022. Scenario B is identical to the plan recommended by the Planning Commission on March 1st, 2023, and on July 19th, the Planning Commission held a public hearing and recommended the adoption of Scenario B. Vice Chairman Dunn opened the public comment period. The following spoke in opposition to the expansion of the current Carmeuse mining operation: Tina Bragg, Stonewall District Doug Cochran, Stonewall District The following spoke in support of Scenario A: David Riner, Stonewall District Arthur Bragg, Stonewall District Charles Garnder, Stonewall District Steve Peyton, Stonewall District Michael Drummond, Stonewall District Janice Wade, Stonewall District Megan DeVries, Stonewall District Joseph Brand, Stonewall District Brenda Fristoe, Stonewall District Bill Orndoff, Stonewall District Mark Regan, Stonewall District Cindy Burns, Stonewall District Tina Riner, Stonewall District The following spoke in support of Scenario B: David Cress, Shawnee District Will Weber, Stonewall District Benjamin Starr, Opequon District Mike Weber, Stonewall District Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 65 Tim Stowe, Red Bud District Ashby Spicher, Carmeuse employee Terry Aikens, Stonewall District Rob Sprague, Opequon District Michael Weymouth, Red Bud District Dillon Clarke, Stonewall District Logan Thompson, Carmeuse employee Christopher Coffenbuger, Carmeuse employee David St. Clair, Carmeuse employee, discussed a recent news article and the types of air quality testing conducted by Carmeuse. At 11:15 p.m., following the Rules of Procedure for meetings lasting longer than four hours,the Board discussed the remaining agenda items. By consensus, the Board decided to complete the current agenda item and the next three items on the agenda before adjourning. Ryan Alvarez, Carmeuse employee, discussed the value of Carmeuse as a contributor to the community. Rick Till, Opequon District resident and chairman of the Economic Development Authority, discussed the comprehensive plan update and encouraged the inclusion of mixed-use designation near transmission lines to aid economic development efforts. Kay Dawson, Red Bud District, discussed an earlier rezoning request for a Clorox plant that was denied. She said the denial had backfired because Clorox was then located in a nearby locality but trucks material from Carmeuse in Frederick County to the other location. Vice Chairman Dunn closed the public comment period. Supervisor Slaughter said she continues to support Scenario A as the preferred outcome for the community, adding that confusion created by the proposed rezoning applications for Fruit Hill and Carmeuse has created an undue influence on what was supposed to be a land use planning initiative. She said to make sure all the good work done by staff is not tossed aside she would offer a motion to adopt the common elements shared by Scenario A and B of the Northeast Land Use Plan but to leave the future land use designations and any text related to the Fruit Hill and Carmeuse properties as they are currently displayed in the adopted Comprehensive Plan this Board approved on November 10th, 2021. Chairman DeHaven Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 66 seconded the motion. Supervisor Graber said there was support from the constituents for Scenario B. Supervisor Lockridge said she supported Scenario B. Supervisor Ludwig said he supported Scenario B. Vice Chairman Dunn said he supported the motion as stated by Supervisor Slaughter. 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 Heather H. Lockridge No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION TO ADOPT AN UPDATE TO THE NORTHEAST FREDERICK LAND USE PLAN(NELUP)OF THE COMPREHENSIVE PLAN(APPENDIX I) WHEREAS,the Comprehensive Plan was adopted by the Board of Supervisors on November 10th,2021;and WHEREAS, in November of 2021 a citizen work group was formed to envision how the northeastern portion of Frederick County should continue to develop over the next several decades;and WHEREAS,opportunities for public engagement were held in September and October of 2022,alongside an extensive surveying effort,the results of which were shared with decision-makers and the public;and WHEREAS, the Comprehensive Plans and Programs Committee (CPPC) at their February 13th, 2023 meeting, recommended a draft NELUP for consideration by the Planning Commission;and WHEREAS,the Planning Commission discussed this item at their March 1 st,2023 meeting,and recommended a draft NELUP be authorized by the Board of Supervisors for public hearing;and WHEREAS, the Board of Supervisors resolved to advertise two versions of the NELUP(Scenario A&B)for public hearing at their May 24`h,2023 meeting;and WHEREAS,the Planning Commission held a public hearing on Scenario A&B,during their regular meeting on July 19",2023 and recommended the Board of Supervisors adopt Scenario B;and, WHEREAS, the Board of Supervisors held a public hearing on Scenario A & B, during their regular meeting on September 27`h,2023;and, WHEREAS,the Frederick County Board of Supervisors finds the adoption of the updated NELUP,which includes the common elements of Scenario A&B but does not modify the planned land use as it relates to the other parts of the study area, including the `Fruit Hill' and `Carmeuse' properties, to be in the best interest of the public health, safety,welfare,and future of Frederick County,and in good planning practice; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that the updates to the COMPREHENSIVE PLAN(APPENDIX I NORTHEAST LAND USE PLAN),as described herein,are adopted. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 67 The updated Comprehensive Plan(Appendix I Northeast Land Use Plan)shall be in effect on the date of adoption. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS RESCINDING OF DENIAL AND CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT #03-23 FOR CANDACE LUNDIN DVM & FRANK ZUREICK (EVAN LUNDIN) — APPROVED Supervisor Ludwig moved to rescind the vote for denial at the meeting of August 9, 2023, for a Conditional Use Permit (CUP) for Candace Lundin and Frank Zureick for a dog kennel and breeding facility. Supervisor Lockridge seconded the motion. Supervisor Graber recused himself from the discussion because of a business relationship. Supervisor Ludwig discussed the permit request saying the neighbors are not opposed. The motion to rescind carried as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Abstained Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter No Supervisor Ludwig moved for approval of CUP 03-23 Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Abstained Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter No ORDINANCE CONDITIONAL USE PERMIT#03-23 CANDACE LUNDIN,DVM AND FRANK ZUREICK WHEREAS, CONDITIONAL USE PERMIT APPLICATION #03-23 was submitted by Candace Lundin and Frank Zureick(Evan Lundin)for a Dog Kennel/Breeding Facility. The Property is located at 159 Larrick Lane,Middletown, is identified with Property Identification Number 91-3-5 in the Opequon Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on July Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 68 5,2023,and recommended approval;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on August 9,2023;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, Conditional Use Permit #03-23 to allow for a Dog Kennel/Breeding Facility on the parcel identified with Property Identification Number 91-3-5 is issued with the following conditions: 1. All review agency comments shall be complied with at all times. 2. A maximum of two(2)employees,not residing on the premise,shall be permitted with this CUP. 3. All dogs must be confined to kennels indoors between the hours of 9:00 p.m.to 7 a.m. 4. Hours of operation for the public to access the property shall be limited to 9:00 a.m.to 8:00 p.m. seven days a week. 5. New structures to be used as kennels will require building permits prior to being constructed. 6. One(1)monument-style sign with a maximum sign area not to exceed 50 square feet(SF)and not to exceed 10 feet(FT)in height is permitted. 7. An illustrative sketch plan,in accordance with the requirements of Article VIII of the Frederick County Code and addressing additional regulations for specific uses contained in§165-204.10,shall be submitted and subject to approval by Frederick County prior to the establishment of the use. 8. Any expansion or modification of this use will require the approval of a new CUP. + + + + + + + + + + + + + + CAPITAL IMPROVEMENT PLAN - MINOR UPDATE—APPROVED Assistant Planning Director John Bishop explained the request for a minor update to the CIP in support of several funding requests that are currently on file with VDOT. He said while the following projects are already conceptually included in the Comprehensive Plan, their specific inclusion into the CIP will assist the applications in being more competitive: 16. Route 11 at Shawnee Drive widening and Intersection improvements Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 69 21. Warrior Drive South Extension Including Brandy Lane Upgrade 27. Warrior Drive Pedestrian Improvements 28. Valley Mill Road Pedestrian Improvements 29. Inverlee Way Pedestrian Improvements Supervisor Graber moved for approval of the requested minor update of the Capital Improvement Plan. Supervisor Slaughter 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 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION 2023-2028 CAPTIAL IMPROVEMENTS PLAN(CII') WHEREAS,the Frederick County Planning Commission discussed the 2023-2028 Capital Improvements Plan(CIP) at their regular meeting on September 6, 2023. The Planning Commission recommended approval of the CIP and affirmed that the projects contained within the CIP are in conformance with the Comprehensive Plan; and WHEREAS, the Frederick County Board of Supervisors discussed an update to the CIP at their regular meeting on September 27,2023; and WHEREAS, the Frederick County Board of Supervisors supports the inclusion of the additional transportation priorities shown in the updated 2023-2028 CIP and has affirmed the determination of the Planning Commission that the projects contained in the CIP conform to the Comprehensive Plan; NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors hereby approves proposed updates to the 2023-2028 CIP for Frederick County,Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + RESOLUTIONS IN SUPPORT OF TRANSPORTATION ALTERNATIVES AND REVENUE SHARING APPLICATIONS—APPROVED Assistant Planning Director John Bishop explained that the Board of Supervisors had previously authorized Staff to prepare applications for Revenue Sharing and Transportation Alternatives funds for several projects. He said the proposed resolutions of support are required elements of the applications. Supervisor Graber moved for approval of the resolutions of support which are required elements of Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia 70 the applications for Revenue Sharing and Transportation Alternatives grant funds. Supervisor Slaughter 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 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION ENDORSEMENT OF THE VALLEY MILL ROAD TRANSPORTATION ALTERNATIVES PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation(VDOT)to establish a project in the County of Frederick. NOW,THEREFORE,BE IT RESOLVED that the County of Frederick requests the Commonwealth Transportation Board to establish a project for the construction of the Valley Mill Road transportation alternatives project;and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors commits to fund its local share of the total cost for preliminary engineering,right-of-way, and construction of this project in accordance with the project financial documents subject to appropriation;and BE IT FURTHER RESOLVED that the County of Frederick hereby agrees to enter into a project administration agreement with VDOT and provide the necessary oversight to ensure the project is developed in accordance with all applicable federal,state,and local requirements for design,right-of-way acquisition,and construction of the project; and BE IT FURTHER RESOLVED,that if the County of Frederick subsequently elects to cancel the project,the County of Frederick hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. The County of Frederick also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration or VDOT;and BE IT FURTHER RESOLVED that the County Administrator and/or his designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. RESOLUTION ENDORSEMENT OF THE WARRIOR DRIVE TRANSPORTATION ALTERNATIVES PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation(VDOT)to establish a project in the County of Frederick. NOW,THEREFORE,BE IT RESOLVED that the County of Frederick requests the Commonwealth Transportation Board to establish a project for the construction of the Warrior Drive transportation alternatives project;and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors commits to fund its local share of the Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 71 total cost for preliminary engineering,right-of-way, and construction of this project in accordance with the project financial documents subject to appropriation;and BE IT FURTHER RESOLVED that the County of Frederick hereby agrees to enter into a project administration agreement with VDOT and provide the necessary oversight to ensure the project is developed in accordance with all applicable federal,state,and local requirements for design,right-of-way acquisition,and construction of the project; and BE IT FURTHER RESOLVED that if the County of Frederick subsequently elects to cancel the project,the County of Frederick hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. The County of Frederick also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration or VDOT;and BE IT FURTHER RESOLVED that the County Administrator and/or his designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. RESOLUTION ENDORSEMENT OF THE INVERLEE WAY TRANSPORTATION ALTERNATIVES PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation(VDOT)to establish a project in the County of Frederick. NOW,THEREFORE,BE IT RESOLVED that the County of Frederick requests the Commonwealth Transportation Board to establish a project for the construction of the Inverlee Way transportation alternatives project;and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors commits to fund its local share of the total cost for preliminary engineering, right-of-way, and construction of this project in accordance with the project financial documents subject to appropriation;and BE IT FURTHER RESOLVED that the County of Frederick hereby agrees to enter into a project administration agreement with VDOT and provide the necessary oversight to ensure the project is developed in accordance with all applicable federal,state,and local requirements for design,right-of-way acquisition,and construction of the project; and BE IT FURTHER RESOLVED that if the County of Frederick subsequently elects to cancel the project,the County of Frederick hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. The County of Frederick also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration or VDOT;and BE IT FURTHER RESOLVED that the County Administrator and/or his designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. RESOLUTION ENDORSEMENT OF THE U.S.ROUTE 11 AT SHAWNEE DRIVE REVENUE SHARING PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation(VDOT)to establish a project in the County of Frederick. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 72 NOW,THEREFORE,BE IT RESOLVED that the County of Frederick requests the Commonwealth Transportation Board to approve revenue-sharing funds for the U.S.Route 11 at Shawnee Drive revenue-sharing project;and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors commits to funding its local share of the preliminary engineering, right-of-way, and construction(as applicable)of the project under agreement with the Virginia Department of Transportation in accordance with the project financial document(s);and BE IT FURTHER RESOLVED that the County Administrator and/or his designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. RESOLUTION ENDORSEMENT OF THE WARRIOR DRIVE EXTENSION WITH BRANDY LANE UPGRADE REVENUE SHARING PROJECT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a resolution be received from the sponsoring local jurisdiction or agency requesting the Virginia Department of Transportation(VDOT)to establish a project in the County of Frederick. NOW,THEREFORE,BE IT RESOLVED that the County of Frederick requests the Commonwealth Transportation Board to approve revenue-sharing funds for the Warrior Drive Extension with Brandy Lane Upgrade revenue-sharing project;and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors commits to funding its local share of the preliminary engineering, right-of-way, and construction(as applicable) of the project under agreement with the Virginia Department of Transportation in accordance with the project financial document(s);and BE IT FURTHER RESOLVED that the County Administrator and/or his designee is authorized to execute all agreements and/or addendums for any approved projects with the Virginia Department of Transportation. + + + + + + + + + + + + + + ADJOURN The meeting was adjourned at 12:15 a.m. on motion of Supervisor Graber, seconded by Supervisor Wells. 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 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 73 Board of Supervisors Meeting Minutes of September 27, 2023 - Appendix 1 REPORT AND RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, AUGUST 16, 2023 8:00 AM FREDERICK COUNTY ADMINISTRATION BUILDING FIRST FLOOR CONFERENCE ROOM 107 N. KENT STREET, WINCHESTER, VA 22601 Attendees - Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Gary Oates; Jeffrey Boppe; and Angela Wiseman. Non-voting liaisons William Orndoff, Treasurer; and Seth Thatcher, Commissioner of the Revenue. Committee Member Absent: Blaine Dunn. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Jay Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Mike Bollhoefer, County Administrator; Lenny Millholland, Sheriff; Delsie Jobe, DSS Administrative Services Manager; Stacy Herbaugh, Parks & Recreation Director; Christine Bauserman, EMS Billing Manager; Clay Corbin, NRADC Superintendent; and Larry Oliver, Fire & Rescue Deputy Chief. Others present: Will Weber, Clearbrook Fire and Rescue; and Lenny Peters, Stephens City Fire and Rescue. FINANCE COMMITTEE A. Action Items A.1. The Commissioner of the Revenue requests an FY 2024 General Fund supplemental appropriation in the amount of $20,500. This amount represents a carry forward of unspent FY 2023 funds for ChangeFinder services through Pictometry. The committee recommends approval. FinCmte20230816A1 CORPictometryCF.pdf A.2. The Department of Social Services requests an FY 2024 General Fund supplemental appropriation in the amount of $16,443. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 1 74 This amount represents an auto claim and will be used towards the cost of a replacement vehicle. No local funds required. The committee recommends approval. FinCmte20230816A2DSSAutoClaim.pdf A.3. The Fire & Rescue Chief requests an FY 2023 General Fund supplemental appropriation in the amount of$10,673.08. This amount represents an insurance auto claim and was used for repairs. No local funds required. The committee recommends approval. FinCmte20230816A3FireAutoClaim.pdf A.4. The Fire & Rescue Chief requests an FY 2024 General Fund revenue appropriation in the amount of$75,000 and an expenditure appropriation in the amount of$17,132.50. These amounts represent a carry forward from FY 2023 for the VDEM State Homeland Security Grant. No local funds required. The committee recommends approval. FinCmte20230816A4FireVDEMGrantCF.pdf A.5. The EMS Billing Manager requests an FY 2023 EMS Expense Recovery Fund supplemental appropriation in the amount of $412,989. This amount represents revenue collected in excess of budgeted revenue. No local funds required. The committee recommends approval. FinCmte20230816A5EMSExpRecoverySA.pdf A.6. The Stephens City Volunteer Fire & Rescue Company requests an FY 2024 General Fund supplemental appropriation in the amount of $249,000. This amount represents available proffer funds to be used toward the purchase of an ambulance and the tower truck. Both items are in the County's CIP. No local funds required. The committee recommends approval. FinCmte20230816A6SCVFRIP rofferRequest.pdf A.7. The Clear Brook Volunteer Fire & Rescue Company requests an FY 2024 General Fund supplemental appropriation in the amount of $50,000. This amount represents available proffer funds to be used for the apron replacement at the station. Item is in the County's CIP. No local funds required. The committee recommends approval. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 2 FinCmte20230816A7CBProfferRequest.pdf 75 A.B. The NRADC Superintendent requests an FY 2024 NRADC Fund supplemental appropriation in the amount of $10,300. This amount represents proceeds from the sale of ammo and will be used to purchase a different type of ammo. No local funds required. The committee recommends approval. FinCmte20230816A8NRADCSurplusAmmo.pdf A.9. The Finance Director requests an FY 2024 NRADC Fund budget reduction in the amount of $250,312 and a General Fund budget reduction in the amount of $112,737. This amount represents the decrease of the total budget due to the change in the COLA percentage approved by the Board of Supervisors, and the corresponding local portion decrease. The committee recommends approval. A.10. The Parks & Recreation Director requests an FY 2023 General Fund supplemental appropriation in the amount of $2,850 and an FY 2024 General Fund supplemental appropriation in the amount of $900. These amount represent donations for the purchase of park benches. No local funds required. The committee recommends approval. FinCmte20230816A10ParksBenchDonations.pdf A.11. The Parks & Recreation Director requests an FY 2024 General Fund supplemental appropriation in the amount of $4,430. This amount represents a donation for the purchase of permanent StoryWalk Boards along the trail at the Bowman Library. The additional local funds required have been budgeted. The committee recommends approval. FinCmte20230816A11 ParksKiwanisDonation.pdf A.12. The Parks & Recreation Director requests an FY 2024 General Fund supplemental appropriation in the amount of$1,040,686.50. This amount represents a carry forward of unspent FY 2023 funds for the Abrams Creek Trail design and construction. The committee recommends approval. Fin Cmte20230816A1 2ParksCF.pdf A.13. The Parks & Recreation Director requests an FY 2024 General Fund supplemental appropriation in the amount of$130,509.50.This amount represents a carry forward of unspent FY 2023 funds for the Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 3 pickleball courts and field leveling at Sherando Park. The committee 76 recommends approval. FinCmte20230816Al2ParksCF.pdf A.14. The Sheriff requests an FY 2024 General Fund supplemental appropriation in the amount of$2,989.95. This amount represents an auto insurance claim and will be used for repairs. No local funds required. The committee recommends approval. FinCmte20230816A15SheriffAutoClaim.pdf A.15. The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of$9,116.48. This amount represents reimbursements from the DEA to be used for overtime. No local funds required. The committee recommends approval. FinCmte20230816A16SheriffDEA.pdf A.16. The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of$1,752 and an FY 2024 General Fund supplemental appropriation in the amount of $7,500. These amounts represent donations and will be used toward the building at the impound lot. No local funds required. The committee recommends approval. FinCmte20230816A17SheriffDonations.pdf A.17. The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of$10,000. This amount represents funds from the HEAT grant and was used to purchase three (3) license plate readers. No local funds required. The committee recommends approval. FinCmte20230816A18SheriffHEAT.pdf A.18. The Sheriff requests an FY 2024 General Fund revenue appropriation in the amount of $53,628. This amount represents State funds to be received for an SRO. The local portion of the is grant is $37,903 which was budgeted. The committee recommends approval. Fin Cmte20230816A1 9SheriffSROGrant.pdf A.19. The Sheriff requests an FY 2023 General Fund supplemental appropriation in the amount of $19,320. Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 4 77 This amount represents reimbursements for traffic control to be used toward overtime. No local funds required. The committee recommends approval. FinCmte20230816A2OSheriff traffic.pdf A.20. The Deputy County Administrator requests an FY 2024 General Fund supplemental appropriation in the amount of $1,423. This amount represents a carry forward of unspent FY 2023 funds for a steel plate at Millwood Fire Station. The committee recommends approval. FinCmte20230816A21 MaintCF.pdf A.21. The Deputy County Administrator requests an FY 2024 General Fund supplemental appropriation in the amount of $7,851. This amount represents a carry forward of unspent FY 2023 funds for cabinets at Round Hill Fire Station. The committee recommends approval. FinCmte20230816A21 MaintCF.pdf A.22. The Deputy County Administrator requests an FY 2024 General Fund supplemental appropriation in the amount of $2,410. This amount represents a carry forward of unspent FY 2023 funds for the new door in the Wellness Room. The committee recommends approval. FinCmte20230816A21 MaintCF.pdf A.23. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. The committee recommends no changes to the charter and authorizes the Finance Committee Chairman to sign audit engagements. FinCmte20230816A24FinAuditCmteCharter.pdf B. Items Not Requiring Action B.1. The Parks & Recreation Director returns unused proffer funds from the Stonewall Park playground project and the Bowman Amphitheater project. FinCmte20230816Bl ParksProfferReturn.pdf C. Items For Information Only C.1. The Finance Director provides a General Fund Transfer Report for July 2023. FinCmte20230816C1 TxfsJuly2023.pdf Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 5 AUDIT COMMITTEE - 78 Items Not Requiring Action The internal audits dated August 31, 2022 and February 28, 2023 are provided for review and discussion. The committee requested a status update meeting with the internal auditors on October 4, 2023. AuditCmte202308161nternalAudit2O230228.pdf AuditCmte202308161nternalAudit2O220831.pdf Minute Book 49 Board of Supervisors Regular Meeting of September 27, 2023 County of Frederick, Virginia 6 79 Board of Supervisors Meeting Minutes of September 27, 2023 - Appendix 2 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, August 28, 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 REQUIRING ACTION BY BOARD OF SUPERVISORS: Gainesboro Road/Route 522 Intersection Project: Upon a motion from Kevin Kenney, seconded by Gary Oates the Committee recommended the conventional signalized alternative to Board. A resolution is attached for Board Consideration. Staff discussed the two alternatives for the intersection. The conventional signalized intersection and a continuous green T. Staff recommendation was conventional signalization. Staff will be seeking the same support from the School Division and the Sheriff's Department. ITEMS FOR INFORMATION ONLY: Public Comments:The family members and friends of the Joseph Shane Stephens spoke on safety improvements on Berryville Pike at the intersection of Woods Mill Road where Joesph was struck and killed by a driver who reportedly ran a red light on westbound Berryville Pike. Ed Carter,VDOT spoke of the safety measures being considered including lowering the speed limit in the area, additional signal ahead signage and additional pavement markings to ensure drivers are in the correct lane. Capital Improvement Plan Update: Upon a motion by Gary Oates,seconded by Kevin Kenney,the Committee recommends that the Board authorize staff to make minor addition/clarification of projects in the Capital Improvement Plan (CIP)for the purpose of memorialization of priority and application competitiveness. Staff gave an overview of the CIP updates with the Revenue Sharing projects on Warrior Drive that is component of the existing priority 21 and Route 11 at Shawnee Drive no change to the description just updating the funding priority to 16. Staff have added Transportation Alternatives with the Valley Mill Road (add at 27), Warrior Drive (add at 28) and Iverlee Way (add at 29) projects. Truck Restriction Request: At the request of Supervisor Lockridge in response to the numerous citizen concerns about restricting through trucks on Gold Hill Road. Staff gave a brief update on the legislative requirements and traffic summary from previous years. After discussion, the Committee recommended not to forward the request to the Board. SmartScale Policy Updates Presentation: Brad Reed, VDOT presented the potential updates to the SmartScale Scoring process. With an analysis of the performance of past funding rounds, survey assessment that includes the public inputs, procedural review to identify improvements including the applications updates and the communication process improvements. Also discussed was obtaining the input from CTB members. Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia 80 County Project Updates: Renaissance Drive: Land disturbance is underway on the primary road corridor. Staff is awaiting final execution of the signed agreements sent to CSX. Route 37 Study: Data gathering for modeling as well as stakeholder interviews are ongoing. Staff will be engaged in an additional update meeting with our consultant prior to the Committee meeting and will update with any additional information as needed. Other:Todd Stevens,VDOT gave a summary on the 1-81 at exit 317& Rt. 11 interchange projects. The exit 317 signal upgrade has gone to bid, northbound and southbound at exit 317 will be going to bid on 12/2023.The relocation of Redbud Road is scheduled for bid in 4/2025 and must occur prior to northbound off ramp realignment to Redbud that is planned to go to bid in 3/2026, Diverging Diamond Interchange has a bid scheduled date of 5/2028. Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia 81 Board of Supervisors Meeting Minutes of September 27, 2023 - Appendix 3 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,August 29, 2023 8:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Robert W. Wells, Chairman; Gene Fisher; Harvey E. "Ed" Strawsnyder,Jr.; Gary Longerbeam; Kevin Kenney; and Heather Lockridge Committee Members Absent: None Staff present:Joe C. Wilder, Director of Public Works; Ron Kimble, Landfill Manager; Andrew Clark, Environmental Manager; Rod Williams, County Attorney;Jay Tibbs, Deputy County Administrator; Mike Stewart, Senior Project Manager; Ryan Dougall, Civil Engineer (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-Update on Public Works projects: The committee was updated on multiple projects that are currently active or recently completed. We have completed the upgrade to the Gore Citizen Convenience Site. The improvements consisted of a single compactor unit with expanded recycling options and a much-improved traffic pattern. The final project costs came in under budget. The office space renovation for the Voter Registrar at Sunnyside Plaza has been completed and they have moved into the space. This project was completed on budget. Construction began on Renaissance Drive, Phase 2 in June of 2023. A contract was signed by W-L Construction and Paving. The total project budget is approximately$5,000,000. The project consists of installing approximately 1 mile of road, a relocated at grade railroad crossing, and removing an at grade crossing on Springdale Road. We anticipate completing the road by July 2024. Due to the uptick in building development, projected revenue for the Building Inspections Department far exceeded projected revenue for FY2023. The committee was also informed that the Animal Shelter is currently at capacity. Throughout the region, there is an over-abundance of dogs and cats. Staff continue to manage the situation. Kathy Whetzel, Shelter Manger has announced she plans to retire in January 2024. She has been a part of the shelter in some capacity since 1988. Staff will be advertising for her replacement in September. She will be missed. Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia 82 2-The Animal Shelter carry forward and supplemental appropriation requests: The Animal Shelter brought multiple small restitution requests related to court cases totaling $3,777.55. A motion was made by committee member Strawsnyder recommending a total of $3,777.55 be appropriated to line item 10-4305-3001-00 Professional Health Services from 3-10-1904-14 Restitution Fund. The motion was seconded by committee member Kenney and unanimously approved by the committee. The request will be forwarded to the Finance Committee for further consideration. Also, the Animal Shelter is requesting a supplemental appropriation for FY2024 budget from 1034 donation fund into line item 10-4305-3001-01 Professional Services-Donation, in the amount of$25,000. The funding is part of the Dorothy Flemming trust given for the purpose of spaying and neutering shelter pets. A motion was made by committee member Strawsnyder recommending the request. The motion was seconded by committee member Kenney and was unanimously approved by the committee. The request will be forwarded to the Finance Committee for further consideration. 3-Update on glass recycling: As stated in attachment 3 of the agenda packet, we continue to operate a glass recycling program within the county at the Frederick County Regional Landfill Citizen Convenience Center. The program has been operational for one year. The committee discussed if the county should expand the glass recycling program at other convenience sites in the county. After further discussion, it was the consensus of the committee that expanding the glass collection program was not fiscally responsible with glass being used less in the marketplace. The committee recommended that we continue to provide the glass collection program at the landfill only since its already funded for this fiscal year. It was recommended that we provide an update on the glass recycling program in one year. 4-Update on Landfill projects: The committee was updated on multiple projects that are currently active, recently completed, or proposed in the next year. We recently purchased 170 acres of land that is adjacent to the landfill. In the near future, the land will be used for a soil stockpile in conjunction with the CDD landfill expansion. The methane gas collection system was just expanded with the addition of multiple horizontal and vertical gas collection wells in the MSW Permit 529 landfill. The additional gas is being used to generate almost 2 MW/hr of energy on the electric power grid. That is enough electricity for approximately 1,200 homes. The landfill will be obtaining the Virginia Water Permit soon which will allow us to begin the stormwater diversion project and expansion of the Construction/Demolition and Debris (CDD) Landfill, Permit 591. These projects will cost approximately$5-6 million. The permit process has also begun to add an additional 15 acres of area to the current Area 2 of the CDD landfill. This process will take approximately 2 years to obtain the permit approval. Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia 83 A brief update was given on the tire recycling program and mulch/yard waste program. The landfill continues to see a high demand for the disposal of yard waste and tires. Further analysis is underway to determine whether a tipping fee increase is needed for the FY2025 budget. Further discussion will occur at the fall budget meeting in November 2023. 5-Landfill carry forward requests: As stated in attachment 4 of the agenda packet, the landfill is requesting to carry forward funds from the FY2023 budget into FY2024 budget totaling$2,850,975. A motion was made by committee member Fisher to approve the request to carry forward $2,850,975 into the FY2024 budget. The motion was seconded by committee member Longerbeam and unanimously approved by the committee. The request will be forwarded to the Finance Committee for further consideration. Respectfully submitted, Public Works Committee Robert W.Wells Gene Fisher Harvey E. "Ed" Strawsnyder,Jr. Gary E. Longerbeam Kevin Kenney Heather Lockridge By: Joe C. Wilder Director of Public Works JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Jay Tibbs, Deputy County Administrator Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Rod Williams, County Attorney Kathy Whetzel, Animal Shelter Manager file Minute Book 49 Board of Supervisors Regular Meeting of September 27,2023 County of Frederick, Virginia