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December 13 2023 Regular Meeting Minutes 141 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 13, 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 Stephenson, Virginia. Staff present: Michael Bollhoefer, County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Sharon Kibler, Assistant Finance Director; Rich Venskoske, Director of Elections/General Registrar; Scott Varner, Director of Information Technologies; Clay Corbin, NRADC Superintendent; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Vice Chairman Dunn called the meeting to order at 7:00 p.m. REMOTE PARTICIPATION AUTHORIZED Remote participation was authorized for Chairman DeHaven for medical reasons on the motion of Supervisor Wells, seconded by Supervisor Graber, which carried unanimously. INVOCATION The Reverend Bobby Alger of Crossroads Community Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a voice vote on the motion by Supervisor Graber, seconded Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 142 by Supervisor Slaughter, to move the item titled Resolution Ratifying Drought Emergency Declaration Issued November 14, 2023 and Agreement to Schedule a Public Hearing on January 10, 2024 from the Consent Agenda to the County Officials portion of the agenda. CITIZEN COMMENTS Ken Dondero, Red Bud District, referenced Rezoning Application #04-23 of Dover Hill Crossing which the Board denied at the previous meeting. He offered to meet with the Board members to discuss the proposal. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for the adoption of the consent agenda. Supervisor Graber seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Minutes of Closed Session, Work Session and Regular Meeting of November 8, 2023— CONSENT AGENDA APPROVAL -Approval of Minutes of Joint Board of Supervisors-School Board Work Session of November 20, 2023— CONSENT AGENDA APPROVAL -Acceptance of Finance Committee Report of November 15, 2023 - CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Parks and Recreation Comm. Report of November 21, 2023 - CONSENT AGENDA APPROVAL,Appendix 2 -Acceptance of Public Safety Committee Report of November 9, 2023 - CONSENT AGENDA APPROVAL, Appendix 3 -Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the 2023 General Election of November 8, 2023 - CONSENT AGENDA APPROVAL,Appendix 4 -Approval of Road Name Change Request from Corbett Lane to Stacey Lane -CONSENT AGENDA APPROVAL Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 143 - Resolution for Changes in the Secondary System of State Highways: Project 0050-034-000, Route 50 Abandonment&Route 723 Addition -CONSENT AGENDA APPROVAL RESOLUTION WHEREAS, the Virginia Department of Transportation has completed a project involving Route 723 under Project 0050-034-000, and WHEREAS,the project sketch and VDOT Form(s)AM4.3,attached and incorporated herein as part of this resolution, defines adjustments required in the Secondary System of State highways as a result of construction, and WHEREAS, certain segments identified on the incorporated Form AM4.3 appear to no longer serve public convenience and should be abandoned as part of the Secondary System of State Highways, and WHEREAS,certain segments identified on the incorporated Form AM4.3 are ready to be accepted into the Secondary System of State Highways,and the proposed Secondary addition serves the same users as the proposed segment to be abandoned, and NOW,THEREFORE, BE IT RESOLVED, this Board hereby requests the Virginia Department of Transportation to take the necessary action to abandon those segments identified on the attached Form AM4.3 and project sketch as a part of the Secondary System of State Highways,pursuant to§33.2-912, Code of Virginia, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM4.3 to the Secondary System of State highways,Pursuant to§33.2-705 of the Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber referenced the Board's Closed Session earlier in the evening on the subject of salaries for the newly elected constitutional officers. He suggested the Board review the salaries of all of the constitutional officers during the upcoming budget process. COUNTY OFFICIALS OPTIONS TO ADDRESS THE UPCOMING VACANCY OF THE SHAWNEE DISTRICT BOARD SEAT- DISCUSSED County Attorney Williams and the Board discussed the options for filling the expected vacancy of the Shawnee District Seat once Supervisor Ludwig resigns, presumably effective December 31, 2023, to begin Minute Book 49 Board of Supervisors Regular Meeting of December 13,2023 County of Frederick, Virginia 144 serving his term as the elected Chairman At-Large. By consensus, the Board agreed to solicit applications for the upcoming vacancy and to schedule a special closed session meeting for January 3 at 5:00 p.m. to consider applications and the request for a special election to fill the vacancy. ENDORSEMENT OF THE DRAFT LETTER TO THE GENERAL ASSEMBLY DELEGATION- APPROVED Vice Chairman Dunn moved that the Board send a letter encouraging the members of the General Assembly to support any legislation that changes the law to require that any person registering to vote meets the same standards as required for obtaining a US passport (i.e. producing proof of US citizenship). Supervisor Lockridge 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 RESOLUTION RATIFYING DROUGHT EMERGENCY DECLARATION ISSUED NOVEMBER 14, 2023 AND AGREEMENT TO SCHEDULE A PUBLIC HEARING ON JANUARY 10, 2024—DEFEATED Vice Chairman Dunn moved for approval of the Resolution Ratifying Drought Emergency Declaration Issued November 14, 2023 and Agreement to Schedule a Public Hearing on January 10, 2024. Chairman DeHaven seconded the motion. The Board members discussed the effects of the drought emergency's restrictions, especially for the residential construction industry, farmers, and residents with wells. The Board discussed possible changes needed in the drought ordinance recognizing that changes cannot be made before the drought emergency expires or the next Board meeting occurs. The motion to adopt the Resolution Ratifying Drought Emergency Declaration Issued November 14, 2023 and Agreement to Schedule a Public Hearing on January 10, 2024, failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig No Shawn L. Graber No Robert W. Wells No Heather H. Lockridge No Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 145 Vice Chairman Dunn suggested that the Planning Director schedule a meeting with interested parties to discuss the desired changes should the Board consider amending the drought ordinance. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS BETSY BRUMBACK AND SCOTT STROSNIDER RECOMMENDED FOR REAPPOINTMENT TO BOARD OF EQUALIZATION -APPROVED Supervisor Slaughter moved for the recommendation of Betsy Brumback and Scott Strosnider to be reappointed to the Board of Equalization, noting that the Circuit Court makes the appointments. Supervisor Wells seconded the motion. Betsy Brumback was recommended for reappointment 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 Scott Strosnider was recommended for reappointment 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 ROBERT WELLS RECOMMENDED FOR APPOINTMENT AND JAY TIBBS RECOMMENDED FOR REAPPOINTMENT AS ALTERNATE TO JUVENILE DETENTION CENTER COMMISSION— APPROVED Supervisor Slaughter moved for the recommendation of Robert Wells as the Board's liaison to the Juvenile Detention Center Commission with Jay Tibbs serving as the Alternate. Supervisor Lockridge seconded the motion which 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 Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 146 RON MADAGAN REAPPOINTED TO PARKS AND RECREATION COMMISSION AS OPEQUON DISTRICT REPRESENTATIVE On motion of Supervisor Wells, seconded by Chairman DeHaven, Ron Madagan was reappointed to the Parks and Recreation Commission as Opequon District representative 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 DSS ADMINISTRATIVE SERVICES MANAGER REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,940. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the following: The DSS Administrative Services Manager requests a General Fund supplemental appropriation in the amount of$2,940.. 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 DIRECTOR OF ELECTIONS REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $13,648.—APPROVED On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $13,648. 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 Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 147 THE DIRECTOR OF ELECTIONS REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $83,765. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $83,765. 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 WRA EXECUTIVE DIRECTOR REQUESTS AN AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $100,000. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The WRA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of$100,000. 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 SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $71,825—APPROVED Supervisor Slaughter, seconded by Supervisor Wells, moved that the Board approve the following: The Zoning Administrator requests a Transportation Fund supplemental appropriation in the amount of $330,000 and a General Fund supplemental appropriation in the amount of$258,175 (local portion). Supervisor Graber, seconded by Supervisor Lockridge, moved to amend the motion to return the bond funds ($71,825) to the residents or the developer for use in completing their road repairs with no taxpayer funds to be expended. The motion to amend failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Judith McCann-Slaughter No Charles S. DeHaven, Jr. (remote participant vote inaudible) Vice Chairman Dunn, seconded by Supervisor Graber, moved to amend the motion to complete the repair of issues up to the amount of the bond ($71,825) with no funds being returned to the developer. The Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 148 motion to amend carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye The amended main 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 NRADC FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $50,000 PENDING GRANT AWARD.—APPROVED On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the following: The NRADC Superintendent requests an NRADC Fund supplemental appropriation in the amount of$50,000 pending grant award. 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 A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $278,000. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$278,000. 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 SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $300.—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$300.The motion carried on a recorded vote as follows: Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 149 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 A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $112.44. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $112.44.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 A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $11,821.63. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$11,821.63. 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) AMENDMENT TO THE 2023-2024 FISCAL YEAR BUDGET -APPROVED Frederick County Public Schools Finance Director reviewed the request for amendment to the FY 2023- 2024 budget. Vice Chairman Dunn opened the public comment period. No one addressed the Board. Vice Chairman Dunn closed the public comment period. Supervisor Slaughter moved to Amend the Fiscal Year 2023-2024 Budget to Reflect a School Operating Fund Supplemental Appropriation in the Amount of $3,150,847 and a School Special Grants Fund Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 150 Supplemental Appropriation in the Amount of$4,163,705, saying these Amounts Represent Increased State Funds Approved by the General Assembly at the September 6, 2023 Special Session. Chairman DeHaven 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 FISCAL YEAR 2023-2024 BUDGET AMENDMENT WHEREAS,Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended,the Frederick County Board of Supervisors,meeting in regular session on December 13,2023,took the following action: NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2023-2024 Budget be Amended to Reflect: School Operating Fund Supplemental Appropriation in the amount of$3,150,847. This amount represents increased State funds approved by the General Assembly at the September 6, 2023 Special Session to be used for the following: A. Chiller and water heater replacement at D.J.Howard; B. Gas boiler and water heater at NREP; C. Seven(7)new buses; D. Incentive pay for substitutes; E. Six(6)vans for student travel; F. Additional full time substitutes positions;and G. Two(2)full time school plant engineers. And, a School Special Grants Fund Supplemental Appropriation in the Amount of $4,163,705. This amount represents increased State funds approved by the General Assembly at the September 6, 2023 Special Session. These funds are provided for the"All in Funding"which addresses high-intensity tutoring,Virginia Literacy Act, and chronic absenteeism. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT#10-23 FOR ROSES PLUMBING (MICHAEL AND BRENDA ROSE) —APPROVED Planner Kayla Peloquin reviewed the request for a Conditional Use Permit (CUP)to allow a Cottage Occupation to operate a plumbing business. She reviewed the conditions recommended by the Planning Commission and staff should the Board of Supervisors find this use to be appropriate. Minute Book 49 Board of Supervisors Regular Meeting of December 13,2023 County of Frederick, Virginia 151 Vice Chairman Dunn opened the public comment period. The following spoke on the Conditional Use Permit: Robert Gallalee, Back Creek District, said a Conditional Use Permit should not be required for the intended use at this site. Vice Chairman Dunn closed the public comment period. Supervisor Graber moved to approve Conditional Use Permit#10-23 for Roses Plumbing (Michael And Brenda Rose). 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 ORDINANCE CONDITIONAL USE PERMIT#10-23 ROSES PLUMBING WHEREAS, CONDITIONAL USE PERMIT APPLICATION#10-23 was submitted by Michael and Brenda Rose for a Cottage Occupation to operate a plumbing business. The property is located at 311 Paddys Run Road, Star Tannery, Virginia and is identified with Property Identification Number 80-A-22 in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on November 1,2023, 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 December 13,2023; 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#10-23 to allow for a cottage occupation on the parcel identified with Property Identification Number 80-A-22 is issued with the following conditions: 1. All review agency comments shall be complied with at all times. 2. One(1)employee that is not residing on the premises is permitted. 3. No customers permitted on the property. 4. Any expansion or modification of this use will require the approval of a new CUP. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of December 13,2023 County of Frederick, Virginia 152 ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE REGARDING ALLOWED USES IN ZONING DISTRICTS—APPROVED Senior Planner Tyler Klein reviewed the two proposals saying they are not mutually exclusive; but were separated to ensure the potential changes outlined in "Proposal B" do not get lost in the complexity of "Proposal A". He said the first proposal is to amend "Allowed Uses" tables contained in the planned development(Article V), and business and industrial districts (Article VI)to update and convert the permitted uses terminology to the North American Industry Classification System (NAICS) and remove reference to the Standard Industrial Classification (SIC) in other sections of the Zoning Ordinance. He said the second proposal is to add or remove specific uses from the business and industrial districts "Allowed Uses"tables. Mr. Klein noted that staff had presented an option for the Board to consider the addition of battery storage as a conditional use (requiring an approved conditional use permit or CUP) in the TM (Technology Manufacturing), M1(Light Industrial), and M2 (Industrial General) Zoning Districts. He said battery storage operations enable energy from renewables, like solar, to be stored and then released when the power is needed most, adding that this is a new and emerging industry. He said Staff notes battery storage is a separate, distinctive, use from primary battery and storage battery manufacturing which has previously been allowed as a by-right use M2 District, and is proposed as part of this ordinance amendment to also be allowed by-right in the TM and M1 Districts. The Board and staff discussed the amendment. Vice Chairman Dunn opened the public comment period. No one addressed the Board. Vice Chairman Dunn closed the public comment period. Supervisor Slaughter moved to approve the proposed Ordinance Amendments — Conversion of Allowed Uses to NAICS; Additions & Deletions to Allowed Uses List as presented with no further action on the optional battery storage topic. 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 Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 153 ORDINANCE REGARDING CHAPTER 165,ZONING ORDINANCE CHAPTER 165 -ZONING ARTICLE I General Provisions,Amendments,and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions&word usage. ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part 204—Additional Regulations for Specific Uses §165-204.05 Electrical,hardware,plumbing and heating equipment businesses §165-204.23 Welding repair ARTICLE IV Agricultural and Residential Districts Part 401 —RA Rural Area District §165-401.02 Permitted uses §165-401.03 Conditional uses Part 402—RP Residential Performance District §165-402.03 Conditional uses ARTICLE V Planned Development Districts Part 504—MS Medical Support District §165-504.01 Intent §165-504.02 Permitted uses §165-504.03 District area,floor-to-area ratios and residential gross densities §165-504.04 Access regulations §165-504.05 Structure and parking lot setback regulations §165-504.06 Height regulations §165-504.07 Open space,landscaped area,and buffer and screening regulations ARTICLE VI Business and Industrial Zoning Districts Part 602—B 1 Neighborhood Business District §165-602.01 Intent §165-602.02 Allowed uses. Part 603—B2 General Business District §165-603.01 Intent §165-603.02 Allowed uses §165-603.03 Conditional uses Part 604—B3 Industrial Transition District §165-604.01 Intent §165-604.02 Allowed uses Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 154 §165-604.03 Conditional uses Part 605—TM Technology-Manufacturing District §165-605.01 Intent §165-605.02 Allowed uses Part 606—M1 Light Industrial District §165-606.01 Intent §165-606.02 Allowed uses §165-606.03 Conditional uses Part 607—M2 Industrial General District §165-607.01 Intent §165-607.02 Allowed uses §165-607.03 Conditional uses Part 608—EM Extractive Manufacturing District §165-608.01 Intent §165-608.02 Permitted uses Part 609—HE Higher Education District §165-609.01 Intent §165-609.02 Permitted uses ARTICLE VII Overlay Districts Part 704—Interstate Overlay District §165-704.04 Qualifying criteria WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to amend"Allowed Uses"tables contained in the planned development(Article V), and business and industrial districts (Article VI)to update and convert the permitted uses terminology to the North American Industry Classification System(NAICS)and remove reference to the Standard Industrial Classification (SIC) and to update references in other sections the Zoning Ordinance; and to add or remove specific uses from the business and industrial districts"Allowed Uses"tables was considered;and WHEREAS, the Frederick County Planning Commission held a public hearing on the ordinance amendment on November 1,2023,and recommend approval of the proposed amendment;and WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on December 13,2023 and; WHEREAS,the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health,safety,welfare and in good zoning practice;and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 —Zoning Ordinance is amended to update the "Allowed Uses" tables contained in the planned development (Article V), and business and industrial districts(Article VI)to update and convert the permitted uses terminology to the North American Industry Classification System (NAICS) and remove reference to the Standard Industrial Classification (SIC) and to update references in other sections the Zoning Ordinance; and to add or remove specific uses from the business and industrial districts"Allowed Uses"tables,as shown in the attached. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 155 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS ORDINANCE AMENDMENTS—SIGN ORDINANCE (REVISIONS AND RA SIGN HEIGHT)— SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the staff-initiated changes proposed to the Signs Ordinance (§165-201.06) section of the Zoning Ordinance: - To remove §165-201.06(1)(C) which is no longer necessary as "signs allowed in certain districts" are no longer listed in each zoning district. Table 1, outlined later in the Sign Ordinance, specifies the sign types allowed in each zoning district. -To increase the allowed height permitted in the RA (Rural Areas) Zoning District from four (4) feet to eight(8)feet in height. The Board and staff discussed the proposed amendments. Supervisor Graber moved to send the proposed Ordinance Amendments forward to public hearing. 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 REGARDING CHAPTER 165,ZONING ORDINANCE ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part 201 —Supplementary Use Regulations §165-201.06 Signs WHEREAS, the proposed amendment of Chapter 165 — Zoning Ordinance to modify sign regulations would ensure consistency and increase the allowed height for signs in the RA(Rural Areas)Zoning District; and WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed changes at their September 28,2023 regular meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on November 1,2023 and agreed with the proposed changes; and Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 156 WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 13,2023; and WHEREAS, the Frederick County Board of Supervisors finds the proposal in the public necessity, convenience, general welfare, and good zoning practice and directs the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165—Zoning Ordinance; and NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to ensure consistency and increase the allowed height for signs in the RA(Rural Areas)Zoning District. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Randy Bowen, Shawnee District, commented on late penalties charged on vehicle purchases saying that residents should not have to call and report a new vehicle if the County receives the information from the DMV. Rick Miller, Back Creek District resident and former Frederick County Director of Elections, urged the Board to adopt an ordinance prohibiting signs on County property at the office of the Voter Registrar/Director of Elections. Tim Regan, Back Creek District, offered brief remarks on current Board projects and thanked the departing Board members for their service. BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked the residents of Back Creek saying it had been a pleasure to serve on the Board. Supervisor Lockridge thanked Chairman DeHaven and Supervisor Graber for their service on the Board. Supervisor Ludwig noted his agreement with adopting an ordinance addressing campaign signs. He thanked Chairman DeHaven and Supervisor Graber for their service on the Board. Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 157 Supervisor Slaughter noted her agreement with adopting an ordinance addressing campaign signs. She thanked Chairman DeHaven for his service to the Board and his leadership as Chairman. She wished Supervisor Graber well. Supervisor Wells reviewed Chairman DeHaven's service to the County which included 12 years on the Planning Commission, 10 years as the Stonewall District Supervisor, and eight years as Chairman. He thanked the Chairman for his long-term service. Supervisor Wells thanked Vice Chairman Dunn for his service, especially during the last few months when the Chairman was unable to attend meetings in person. Vice Chairman Dunn noted his agreement with adopting an ordinance addressing campaign signs. He wished Supervisor Graber good luck in his next chapter and thanked Chairman DeHaven for his years of service to the County. Chairman DeHaven stated his appreciation for the kind remarks saying it had been an honor and a privilege to serve the County's residents. ADJOURN On motion of Vice Chairman Dunn, seconded by Chairman DeHaven, the meeting was adjourned at 9:35 p.m. Josh E. Ludwig 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 December 13, 2023 County of Frederick, Virginia 158 Board of Supervisors Meeting Minutes of December 13, 2023 - Appendix 1 REPORT AND RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, NOVEMBER 15, 2023 8:00 AM FIRST FLOOR CONFERENCE ROOM 107 NORTH KENT STREET WINCHESTER, VA 22601 ATTENDEES - Committee Members Present: Judith McCann-Slaughter, Chairman; Blaine Dunn; Gary Oates; and Angela Wiseman. Non-voting liaisons Seth Thatcher, Commissioner of the Revenue and William Orndoff, Treasurer. Committee Members Absent: Charles DeHaven and Jeffrey Boppe. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Jay Tibbs, Assistant County Administrator; Mike Bollhoefer, County Administrator; Steve Hawkins, Sheriff Major; Barry Kittoe, Sheriff Lieutenant; Nick Sabo, WRA Executive Director; Wayne Corbett, Deputy Treasurer; Lynn McKinley, NRADC Chief Budget Manager; Tana Jones, NRADC Captain; Delsie Jobe, DSS Administrative Services Manager; Mark Cheran, Zoning Administrator; Wyatt Pearson, Planning Director; and Rich Venskoske, Director of Elections. Others present: Patty Camry, FCPS Executive Director of Finance; Kristen Anderson, FCPS Assistant Director of Finance; and Dr. James Angelo, FCPS Assistant Superintendent for Instruction. A. Action Items A.1. The FCPS Executive Director of Finance requests a public hearing at the December 13, 2023 Board of Supervisors meeting for a supplemental appropriation in the amount of$7,315,552. This amount represents increased state funds approved by the General Assembly at their September 6, 2023 Special Session. Of this amount, $3,150,847 is requested in the School Operating Fund (see list of items on attached memo), and $4,163,705 is requested in the Special Grants Fund for the "All in Funding" that addresses high-intensity tutoring, Virginia Literacy Act, and chronic absenteeism. No local funds required. A draft public hearing notice and resulting resolution are provided. Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 1 159 The committee recommends forwarding to public hearing. FCPS_SA.pdf FCPS_SA2.pdf FCPS_PubHearResDraft.pdf A.2. The DSS Administrative Services Manager requests a General Fund supplemental appropriation in the amount of $2,940. This amount represents funds from the sale of a pool vehicle and will be used toward a replacement vehicle. No local funds required. The committee recommends approval. DSS_surplus.pdf A.3. The Director of Elections requests a General Fund supplemental appropriation in the amount of 13,648. This amount represents salary and fringes for a part-time Deputy Registrar for the remainder of the fiscal year. Local funds are required. The committee recommends approval. PTDepRegistrar.pdf A.4. The Director of Elections requests a General Fund supplemental appropriation in the amount of$83,765. This amount represents funds needed to hold the March 2024 Presidential primary election. Local funds are required. The committee recommends approval. 2024PrimarySA.pdf A.5. The WRA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of $100,000. This amount represents the Go Virginia Planning Grant Award to perform a planning study for future aeronautical development. No local funds required. The committee recommends approval. AirportGrant.pdf AirportGrant2.pdf A.6. The Zoning Administrator requests a Transportation Fund supplemental appropriation in the amount of$330,000 and a General Fund Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 2 County of Frederick, Virginia supplemental appropriation in the amount of $258,175 (local portion). 160 These amounts represents funds needed for the completion of Eyes Lane in the Oaks at Braddock Crossing subdivision due to a shortfall of the LOC posted by the developer. Local funds are required. The committee recommends approval. Brad dockCrossing.pdf A.7. The NRADC Superintendent requests an NRADC Fund supplemental appropriation in the amount of$50,000 pending grant award. This amount represents a Coronavirus Emergency Supplemental Fund grant to assist regional jails in continuing to prevent, prepare for, and respond to the coronavirus. No local funds required. The committee recommends approval. NRADC_Grant.pdf A.B. The Sheriff requests a General Fund supplemental appropriation in the amount of$278,000. This amount represents an ARPA Law Enforcement Equipment Grant awarded to be used for various equipment that improves or enhances the delivery of daily law enforcement services to the community. No local funds required. The committee recommends approval. SheriffARPAgrant.pdf SheriffARPAgrant2.pdf SheriffARPAgrant3.pdf A.9. The Sheriff requests a General Fund supplemental appropriation in the amount of$300. This amount represents donations received for the Honor Guard and the impound lot building. No local funds required. The committee recommends approval. SheriffDonations.pdf A.10. The Sheriff requests a General Fund supplemental appropriation in the amount of$112.44. This amount represents funds from the sale of scrap to be used for vehicle parts. No local funds required. Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 3 The committee recommends approval. 161 SheriffScrap.pdf A.11. The Sheriff requests a General Fund supplemental appropriation in the amount of$11,821.63. This amount represents funds from a vehicle insurance claim to be used for repairs. No local funds required. The committee recommends approval. SheriffVehicleClaim.pdf B. Items Not Requiring Action B.1. The County Administrator provided information to introduce the Commercial Property Assessed Clean Energy (C-PACE) financing programs that are authorized as an option for local governments to opt into per the Code of Virginia §15.2-958.3. CPACE.pdf C. Items For Information Only C.1. The Finance Director provides financial statements ending September 30, 2023. FinStmtsSept23.pdf C.2. The Finance Director provides a General Fund transfer report for October 2023. Oct2023Txfs.pdf C.3. The Finance Director provides the General Fund Unreserved Fund Balance report for October 2023. Fund BalanceOct23.pdf CA. The Government Finance Officers Association (GFOA) has awarded the County the Certificate of Achievement for Excellence in Financial Reporting for the June 30, 2022 Annual Comprehensive Financial Report (ACFR). This is the 37th consecutive year that Frederick County has received this achievement. 2022ACFRAward.pdf C.S. The Government Finance Officers Association (GFOA) has awarded the County the Distinguished Budget Presentation Award for the 2024 fiscal year. Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 4 County of Frederick, Virginia This is the 37th consecutive year that Frederick County has received this 162 award. 2024BudgetAward.pdf Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 5 163 Board of Supervisors Meeting Minutes of December 13, 2023 - Appendix 2 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday December 13,2023 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator From: Stacy Herbaugh, Director, Parks & Recreation Dept. Date: November 22, 2023 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on November 21, 2023. Members present were Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Dennis Grubbs, Randy Carter, Guss Morrison, and Jenny Myers. Members Absent: Zac Franz ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission recommends accepting the attached FY 25 Fees and Charges. 2. The Commission recommends the FY 25 Operating and Capital Budget as presented. 3. The Commission recommends the FY 25 Capital Improvement Plan as presented. 4. The Commission recommends requesting$300,000 of Parks and Recreation proffer funds to supplement existing capital funds to install a spray-ground at Clearbrook Park. This request will be forwarded to the Frederick County Finance Committee for their recommendation. Cc: Gary Longerbeam, Chairman Charles Dehaven, Board of Supervisors' Non-Voting Liaison Minute Book 49 Board of Supervisors Regular Meeting of December 13,2023 County of Frederick, Virginia 164 Board of Supervisors Meeting Minutes of December 13, 2023 - Appendix 3 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday November 9, 2023 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: Helen Lake, Heather Lockridge and Chairman Bob Wells. Walt Cunningham and Denny Linaburg were absent. Staff present: Deputy County Administrator Jay Tibbs,Fire& Rescue Chief Steve Majchrzak, County Attorney Rod Williams, Major Steve Hawkins, Volunteer Fire& Rescue President Dan Cunningham, 1St Lieutenant Jason Cornwell. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. Blue Line Solutions update(see attached): Helen Lake refreshed the Public Safety Committee on the 2 previous Blue Line Solutions workgroup discussions. The 4 primary schools' speed studies have been updated to reflect the active school zones in the morning and after school hours. Representatives from Frederick County Public Schools were in attendance including Teresa Ritenour—Director of Student Support Services, Tim Conlan—Division Safety & Security and Logan Sheppard- Director of Transportation and agreed that moving forward with B1ueLine Solutions will deter speeders in school zones and improve safety. Chairman Wells requested that Jay Tibbs see if there is a current contract with another jurisdiction that Frederick County would be able to do a cooperative procurement of this service. It was the consensus of the Public Safety Committee to schedule a work session, in January, with the Board of Supervisors, to present the concept ofBlueLine Solutions. ITEMS FOR INFORMATION ONLY: 1. Update on proposed Company 22 land sites: Chairman Wells gave a brief update on the potential land sites for the proposed Company 22. Chief Majchrzak and Mr. Bollhoefer have narrowed the sites down with the location to be announced at a later date. The project time is estimated to take 36 months. Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia 165 2. Brief Departmental FY25 budget requests (see attached): The Department heads gave a brief budget overview to include capital items requested for the FY25 budget. • Interim Communications Director Major Hawkins advised the department had no significant budget increases adding with the onset of the new radio/tower project the utilities for the new sites will begin increasing. Staffing shortages are leading to a higher overtime request as well. • Major Hawkins presented the FY25 Sheriff's Office budget requests. They range from staff incentives, obtaining 48 new vehicles,hiring 20 additional personnel, body camera upgrades and various equipment. • Chief Majchrzak is meeting with the volunteer fire &rescue companies to get updates on facilities and apparatus needs for capital requests. He is also requesting 16 additional career personnel. Chairman Wells requested a December Public Safety Committee meeting to discuss the departments' final submitted budgets. Respectfully submitted, Public Safety Committee Bob Wells Heather Lockridge Denny Linaburg Helen Lake Walt Cunningham Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia Board of Supervisors Meeting Minutes of December 13, 2023 - Appendix 4 �i 166 ABSTRACT of VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member, Senate of Virginia (1st District) NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Timmy F. French - Republican 14903 Emily G. Scott- Democratic 8851 Total Write-In votes [from Write-Ins Certifications] 2900 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ** Please submit a Write-Ins Certification ** Total Number of Overvotes for Office 7 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 07, 2023, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member, Senate of Virginia (1st District). � Given under our hands this `''i � day of�n dzajaAA , ,�C 9Z Chairman Vice Chairman Secretary Acting Secretary Minute Book 49C�ft Board of Supervisors Regular Meeting of December 13,2023 xrt �,/ County of Frederick, Virginia XJCAE_� ABSTRACT of VOTES 167 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member, House of Delegates (31st District) NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Delores R. Oates - Republican 6208 Steven E. Foreman - Democratic 3851 Grace E. Morrison - Independent 411 Total Write-In votes 16 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 2 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 07, 2023, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member, House of Delegates (31 st District). Given under our hands this j day t 1._ � , n ►a } , Chairman � Tu Vice Chairman Secretary _ Minute Book 49 4 , Acting Secretary Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia �C'r� ABSTRACT of VOTES 168 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member, House of Delegates (32nd District) NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) William D. "Bill"Wiley- Republican 10806 Madelyn "Mady" Rodriguez - Democratic 5357 Total Write-In votes 28 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 13 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 07, 2023, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member, House of Delegates (32nd District). Given under our hands this y day ofT)E,n\6z 3 , 20 q(, Chairman Vice Chairman Secretary Minute Book 49 , Acting Secretary Board of supervisors Regular Meeting of December 13, 2023 f� � ✓ � ��'� County of Frederick, Virginia 1.' ABSTRACT of VOTES 169 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Clerk of Court (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Sarah J. Kahle 13434 Kirk M. Whiffle 12078 Total Write-in votes 48 [Valid Write-Ins + Invalid Write-Ins = Total Write-in Votes] Total Number of Overvotes for Office 5 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Clerk of Court (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Clerk of Court (Frederick County). Sarah 1. Kahle Given under,our hands this 144 day o RO' CA Chairman Vice Chairman 11 ct 4 Secretary Minute Book 49 Acting Secretary Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia J ABSTRACT of VOTES 1 70 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Commonwealth's Attorney (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ross P. Spicer 22661 Total Write-in votes 276 [Valid Write-Ins + Invalid Write-Ins = Total Write-in Votes] Total Number of Overvotes for Office 5 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Commonwealth's Attorney (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Commonwealth's Attorney (Frederick County). Ross P. Spice Given under our hands this day ofnMX,AhQ)g h Chairman Vice Chairman Secretary Minute Book 49 Acting Secretary Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia ABSTRACT of VOTES 171 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Commissioner of Revenue (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Tonya Cline Sibert 13997 Seth T. Thatcher 11398 Total Write-In votes 61 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 8 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Commissioner of Revenue (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Commissioner of Revenue (Frederick County). Tanya Cline Sibert Given under our hands this 144 day Of -.Cf mi rR A Chairman Vice Chairman A IL Q sa Secretary Minute Book 49 Acting Secretary Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia CQA15��,) ABSTRACT of VOTES 17 2 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Sheriff (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) L. W. "Lenny" Millholland 23346 Total Write-in votes 561 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes) Total Number of Overvotes for Office 5 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Sheriff (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Sheriff(Frederick County). L. W. "Lenny" Millholland Given under.our hands this day ofdj)M W M\& h Chairman Vice Chairman Secretary Acting Secretary Minute Book 49 Board of Supervisors Regular Meeting of Decernb#Uj2qJ3 County of Frederick, Virginia OM ABSTRACT of VOTES 173 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Treasurer (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) C. William 'Bill' Orndoff Jr. 22286 Total Write-In votes 1402 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 6 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Treasurer (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Treasurer (Frederick County). C. William "Bill" Orndoff Jr. Given under our hands this �- day of T , Chairman Vice Chairman Secretary L Minute Book 49 , Acting Secretary Board of supervisors Regular a#► gceinb r 1�,211 County of Frederick, Virginia V 9 ABSTRACT of VOTES 174 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Chairman Board of supervisors (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Josh E. Ludwig 12741 Gary R. Oates 12545 Total Write-In votes 72 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 48 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Chairman Board of Supervisors (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Chairman Board of Supervisors (Frederick County). josh E. Ludwig Given under our hands this day of y , Chairman Vice Chairman f Secretary Acting Secretary Minute Book 49 f - ��✓ Board of Supervisors Regular Meeting of December 13,`1021 �. County of Frederick, Virginia v f ! ABSTRACT of VOTES 175 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member Board of Supervisors (Back Creek District) District: BACK CREEK DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) John F. Jewell 3102 Gregory L. "Greg" Unger 1767 Total Write-In votes 32 [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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member Board of Supervisors (Back Creek District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member Board of Supervisors (Back Creek District). john F. lewell Given under our hands this f day of_P_AA 't, �C)rCJ Chairman Vice Chairman Secretary Acting Secretary Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 } County of Frederick, Virginia '0k_8raA,_ ABSTRACT of VOTES 1 76 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member Board of Supervisors (Gainesboro District) District: GAINESBORO DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Heather H. Lockridge 2994 Kevin W. Kenney 1992 Total Write-in votes 21 [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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member Board of Supervisors (Gainesboro, District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member Board of Supervisors (Gainesboro District). Heather H. Lockridge Given under our hands this L day orj]0jgq-r� - I Chairman Vice Chairman 1_71 Secretary loll Acting Secretary Minute Book 49 IVAe) Board of Supervisors Regular Meeting of December 13, 2023 Coun-t:y' of Frederick, Virginia ABSTRACT of VOTES 17 7 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member Board of Supervisors (Opequon District) District: OPEQUON DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Robin Lane Cooke 2183 Robert W. "Bob" Wells 2515 Total Write-in votes 8 [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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member Board of Supervisors (Opequon District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member Board of Supervisors (Opequon District). Robert W. "Bob" Wells Given under our hands this day ofj�M Qo a3 Chairman 11 lllez�&dV a21Z Vice Chairman 9-JZ Secretary Acting Secretary Minute Book 49 Ck-kjluw Board of Supervisors Regular Meeting of December 13,2 3�) County of Frederick, Virginia ABSTRACT of VOTES 178 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member School Board At Large (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Christopher W. "Chris" Davey 4960 Brian J. Hester 8776 Dianna Hoover Klein 11038 Total Write-In votes 107 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 8 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member School Board At Large (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member School Board At Large (Frederick County). Dianna Hoover Klein Given under our hands this � � `--� day ac)a3 -TT , Chairman Vice Chairman Secretary Acting Secretary Minute Book 49 � Board of Supervisors Regular Meeting of December 13, County of Frederick, Virginiaryr! 2 ABSTRACT of VOTES 179 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member School Board (Back Creek District) District: BACK CREEK DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Edward S. Sturdivant 2468 Jennifer R. Ellis 2407 Total Write-In votes 11 [Valid Write-ins + Invalid Write-Ins = Total Write-in Votes] Total Number of Overvotes for Office 2 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member School Board (Back Creek District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member School Board (Back Creek District). Edward S. Sturdivant Given under our hands this day 'evi Chairman Vice Chairman 67� Secretary Acting Secretary Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederick, Virginia ABSTRACT of VOTES 180 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member School Board (Gainesboro District) District: GAINESBORO DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) A. Christie Jett 2366 Frank J. Funes 2533 Total Write-in votes 15 [Valid Write-Ins + Invalid Write-Ins = Total Write-in Votes] Total Number of Overvotes for Office 2 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member School Board (Gainesboro District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member School Board (Gainesboro District). Frank. Furies Given under our hands this day of C�:Q3 Chairman Vice Chairman Secretary Acting Secretary Minute Book 49 Board of Supervisors Regular Meeting of December 13, 2023 County of Frederi*ck, Virginia ABSTRACT of VOTES 181 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member School Board (Opequon District) District: OPEQUON DISTRICT NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Delane O. Karalow 2162 Daryl M. Bell 2439 Total Write-In votes 13 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] Total Number of Overvotes for Office 2 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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member School Board (Opequon District) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member School Board (Opequon District). Daryl M. Bell Given under our hands this day of DaKah LWIA) I 'Q0 3 Chairman Vice Chairman Secretary Acting Secretary Minute Book 49 Board of Supervisors Regular Meeting of December 1 2 2 County of Frederick, Virginia ABSTRACT of VOTES 182 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Soil and Water Conservation Director Lord Fairfax District (Frederick County) District: FREDERICK COUNTY NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) i J. Kermit Gaither 21908 Jack Owens 13 Total Write-In votes 478 [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 07, 2023, do hereby certify that the above N is a true and correct Abstract of votes cast at said election for the Soil and Water Conservation Director Lord Fairfax District (Frederick County) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Soil and Water Conservation Director Lord Fairfax District (Frederick County). 1.1. Kermit Gaither 2. lack Owens Given under our hands this day oi-Ic h ,to',,az 1 , Chairman Vice Chairman , Secretary Minute Book 49 , Acting Secretary Board of supervisors Regular Meeting of De be 13 2023 County of Frederick, VirginiaLt y . 183 VIRGINIA * WRITE-INS CERTIFICATION VA. 2 2- 13 F1!:fP*"fVf&q9F Complete this form ONLY if(i) the total number of write-ins is 10%or more of the total number of votes cast for the office(for a car -j4'slli�ctioal fiffic , to�imber across all juri cons OR(}ii a w #e-i ca ate w ec a to p o a p Genes ecial Prim Locality Elec'o t /YY) Circle E ectron Typo s) t4� (a ncL W atw ( QM t iyakc.) O L Page 1 of Office District(if a 'ca le) Tj�QU v Total Votes WRITE-INS - SUMMARY Received (In Figures) 1. Invalid Write-InsI of- ............................................................................................... Enter Total Invalid J 2. Valid Write-Ins ................................................................._ oa Enter ToEal Valid 3. Total Write-Ins 0 y ................................................................................ ["Total Write-Ins"must match the"Tota(Write-In Votes"line on the Abstract for this office.] Add Lines 1 and 2 VALID WRITE-INS - DETAIL List valid write-ins in alphabetical order below and on continuation Total Valid Votes pages,as needed. All valid write-ins when added together must equal Received total entered on line 2 above. (In Figures) �S k '+� ................................ a Continued on pages 2 through We, the undersi ned Electoral Board members, upon examination of the official records deposited with the Clerk of the Cinwit Court of the election held on J J0%3 do hereby cert that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the ofce indicated above. Given under our hands this day of ' , .cam _, Chairman Vice Chairman 1 Secretary Minute Book 49 Board of Supervisors Regular Meeting of December 13,2023 _ ,Acting Secretary County of Frederick, Virginia � -- ;.*y ""i ' 0, &"41Rev.7/12/2018 ELECT-6#` 184 VIRGINIA * WRITE-INS CERTIFICATION DEPARTMENT of ELECTIONS CONTINUATION VA. CODE S 24.2-675 l(1Z1Q ,ryh ) 90'2 GeneralSpecial Primary Locality Election Date(MMj _)/YY) Circle Election Type(s) Page _ of _ �r Office istrict(if applicabl VALID WRITE-INS - DETAIL (continued) Continue to list valid write-ins in alphabetical order below and on Total Valid Votes additional continuation pages,as needed. All valid write-ins when Received added together must equal total entered on line 2 of page 1. (In Figures) ................................ 414 OJAA) ................................. - dt -pa"Ju -4w,"',") ............................... "ALLLL Q .2 0 a ............................._ 5 VV � - ................................ P ................................, ............................... ................................. a Minute Book 49 t✓ l �1 U Rev.7 j12j2018 Board of Supervisors Regular Meeting of December 13,2023 ELECT-675 County of Frederick, Virginia ABSTRACT of VOTES 18 5 Cast in FREDERICK COUNTY, VIRGINIA at the 2023 November General and Special Elections held on November 07, 2023 for, Member Town Council - Special (Middletown) District: MIDDLETOWN NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Diane H. Newman 233 Jacob D. Skeith 173 Total Write-in votes 12 [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 07, 2023, do hereby certify that the above is a true and correct Abstract of votes cast at said election for the Member Town Council - Special (Middletown) and do, therefore, determine and declare the following person(s) has received the greatest number of votes cast for the Member Town Council - Special (Middletown). 1. Diane H. Newman 2. Jacob D. Skeith Given under our hands this day of-n6qwnc&)-P,_h) Chairman Vice Chairman Secretary Minute Book 49 Acting Secretary Board of Supervisors Regular Meeting of Dec County of Frederick, Virginia PYTT" ,