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January 10 2024 Regular Meeting Minutes 191 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 10, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Shawn Graber of St. Luke's Covenant Brethren Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Dunn led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2024 Election of Vice-Chairman—Judith McCann-Slaughter Elected Chair Ludwig opened nominations for Vice-Chairman. Supervisor Wells nominated Supervisor Dunn. Supervisor Lockridge nominated Supervisor McCann-Slaughter. Supervisor McCann-Slaughter was elected Vice Chairman on the following recorded vote: Blaine P. Dunn Dunn Robert T. Liero Slaughter John F. Jewell Dunn Robert W. Wells Dunn Heather H. Lockridge Slaughter Josh E. Ludwig Slaughter Judith McCann-Slaughter Slaughter Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 192 Adoption of Rules of Procedure-Approved Vice Chairman Slaughter moved that the Board adopt the UPDATED Rules of Procedure and Conduct,adopted May 28,2003,amended through January 10,2024,and Robert's Rules of Order Simplified and Applied. Supervisor Lockridge seconded the motion. Supervisor Dunn moved to amend the motion to remove Section 5-5 Scheduled Presentations from the Board's Rules of Procedure and Conduct. Supervisor Wells seconded the motion. The Board discussed the amendment and the motion to amend carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye The amended main motion carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28,2003 Amended through January 10,2024 ARTICLE I—MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings [AmendedOl/09/19] On the second Wednesday of January of each year,or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting.During the course of such meeting,the Board shall fix the date,time, and place of all of its regular meetings during the ensuing calendar year and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 193 Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient.A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950,as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending,the Board may continue its meetings,regular or special,from time to time as it may fmd convenient or necessary with no requirement to further advertise or announce. Section 1-4.Quorum and Method of Voting(Amended 1-10-24) At any meeting,a majority of the Supervisors shall constitute a quorum.All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each motion on an ordinance or resolution taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker,as provided for by the Code of Virginia, 1950,as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules,discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration.No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion.Motions shall require a second.When possible,Board members making complex,multi-part,or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate,provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board,no motion shall be received unless it is one to amend,to refer to committee,for the previous question,for a substitute,motion to lay on the table,or to recess, or adjourn. Section 1-8. Reconsideration of Motions,Etc.,Upon Which Vote Has Been Announced;Rescission of Previous Actions [Amended 05/27/20;01/10/24] At any meeting of the Board,when any vote upon any motion,resolution,ordinance,or question has been previously announced at that meeting, the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. If the Board approves the motion to reconsider,the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board,the Board may not rescind any motion,resolution,ordinance, or question announced at a previous meeting,except and unless: -The action at issue is practically capable of being rescinded (e.g., a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 194 -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter; and either -If the Board member has given notice of intent to make the motion to rescind, either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion, and such motion to rescind receives the affirmative vote of a majority of the members present at the time such motion to rescind is presented;or -If the Board member has not given such notice of intent to make the motion to rescind,the motion to rescind receives the lesser of(i)the affirmative vote of a majority of the members(including those not present at the time such motion to rescind is presented)or(ii)the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented. This situation of having not given notice shall be an exception to the notice requirements of Article V, Section 5-1 and, in the circumstances in the previous clause, if the requisite vote is obtained, advance notice to the Clerk is not required. If the Board approves a motion to rescind,the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter. Section 1-9. Robert's Rules of Order;Suspending Rules[Amended 09/14/11][Amended 02/14/18] The proceedings of the Board of Supervisors,except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone.Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950,as amended,as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings.However,the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However,no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene,and then,only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950,as amended. Section IA 1. Limitations on Duration and Hour of Meetings;Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M.without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining,the Chair shall poll the members of the Board to determine the desire of the members.The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. Section 1-12. Remote Meeting Participation[Adopted 3-25-20;Inserted Into Rules 1-13-21;Amended 1-12-22; 1- 10-24] This policy shall apply to the Board and the standing committees of the Board as identified in Section 8-1 of these Rules. A Supervisor may participate from a remote location when he or she experiences a personal matter or medical condition or disability that prevents attendance in person,or when a family member's medical condition that requires Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 195 the member to provide care for such family member prevents the member's attendance in person. Whenever a Supervisor wishes to participate from a remote location,the following requirements apply: • On or before the day of the meeting, the Supervisor must notify Chair or, if the Supervisor who wishes to participate remote is the Chair,the Chair must notify the Vice Chair,and indicate the nature of the matter necessitating remote participation,as set forth below. • The Supervisor's absence must be due to a personal matter or medical condition or disability that prevents attendance in person,or when a family member's medical condition that requires the member to provide care for such family member prevents the member's attendance in person. o In the case of absence due to a personal matter (not medical/disability), the Supervisor may not participate remotely more than twice in one calendar year or 25%of the meetings held in one calendar year rounded up to the next whole number,whichever is greater.The Supervisor shall identify the personal reason, for inclusion in the Board's minutes to note remote participation for that reason. o In the case of absence due to medical/disability reason,or a family member's medical condition,the minutes must note the fact of remote participation for that reason,but minutes need not note the particular condition/disability. There is no limit on the number of times a Supervisor may participate remotely for medical/disability reasons. • The Supervisor's voice must be audible to all persons attending the meeting in person. • The Board must approve such participation on the particular occasion and note that fact in the minutes, including the reason for remote participation and the remote location from which the member participated.If the Board denies participation,the Board also must note that fact in the minutes,with the reasons for disapproval. With respect to approval/denial,the Board must uniformly apply the policy(denial can only be for noncompliance with the policy). • A quorum of the Board must be physically present at the meeting location. ARTICLE II—GENERAL CODE OF CONDUCT[Added 5/27/20] Section 2-1.General Conduct A. Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect. B. Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. C. To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: 1. Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 2. Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Section 2-2.Roles and Responsibilities A. The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day-to-day oversight of County staff. B. Board members will ensure that policy decisions and directions are communicated from the entire Board; no single member will provide direction on policy implementation to the County Administrator. C. Board members' interactions with staff should not unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload.Members Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 196 of The Board will not give direction to any County staff member.Any request for action,which is not part of the routine or customary work of a committee or for routine or customary assistance, will be submitted to the County Administrator for consideration by The Board if necessary. D. Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E. Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F. Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G. Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters,unless the full Board authorizes disclosure,or unless such matter has become a part of the public record,and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. H. The Board recognizes that documents related to County Business,including all electronic transmittals sent or received in the performance of their duties as a Board Member, are subject to the requirements of the Freedom of Information Act. I. When responding to the media,Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board. Whenever appropriate,the Public Information Officer will assist in communications with citizens and the media. J. If a Board Member repeatedly violates this Code of Conduct, the Board may, by an affirmative vote of a majority of the Board,officially censure that member. Article III-OFFICERS Section 3-1. Chairman and Vice Chairman[Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors,as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair,who shall serve for a one year term expiring on December 31 st of the same year in which he or she is elected;provided,however,that unless the term of office has expired and the member has not been re-elected,the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting,the Vice Chair shall assume the authority and duties of the Chair.In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board.Accordingly,it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior,which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed.The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning,inappropriate,or out of order,and shall have the authority to revoke the speaker's right to continue. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 197 The Chairman may order the expulsion of any person for violation of rules,disruptive behavior,or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled.Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion,a period not to exceed one year,either by the Chairman,subject to appeal to the Board,or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950,as amended. Section 3-3. Clerk[Amended05/27/20] The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia, 1950,as amended.At the discretion of the Board,any county employee can be designated as Deputy Clerk,or Temporary Clerk,as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV—AGENDA Section 4-1. Preparation[Amended07/08/20] The Clerk shall prepare an agenda for each meeting of the Board of Supervisors,conforming to the order of business specified in Section 5-1 under Order of Business. It is strongly recommended that supporting information for every item to be placed on the regular meeting agenda be received in the Office of the County Administrator before noon on the Wednesday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda,along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month.Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 4-3. Posting and Notice[Amended 02/14/18] A copy of the meeting agendas shall be made available in the Office of the County Administrator,as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors'meeting room. Section 4-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V-CONDUCT OF BUSINESS Section 5-1. OrderofBusiness[Amended06/11/03];[Amended0l/14/04];[Amended 02/14/18]; [Amended 08/08/18]; [Amended 05/27/20]; [Amended M222] At meetings of the Board,the order of business should be as follows: Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 198 Closed Session(When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments(Agenda Items Only,That Are Not Subject to Public Hearing.)Consent Agenda(Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Appointments to Boards,Committees,and Commissions Committee Business Public Hearings—Non-Planning Issues(When Required)Planning Commission Business Public Hearings(When Required) Other Planning Commission/Department Business Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions,deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 5-3.Consent Agenda(Amended 1-10-24) The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda," and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda,beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be moved to an appropriate place on the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval,adoption,or enactment of each motion,resolution,or other item of business thereon,exactly as if each had been acted upon individually. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 199 Section 5-4. CitizenCommentsPeriod[Amended 4/14/04][Amended0l/10/18];[Amended 02/14/18]; [Amended05/27/20; 1-10-24] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing.A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period are encouraged to sign up to speak by providing his/her name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time (no longer than three minutes)each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County.Citizens desiring to address the Board of Supervisors during this period are encouraged,If possible,to sign up to speak and each shall state his/her name and their Magisterial District of residence prior to making comments. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with,nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 5-5. Scheduled Presentations [Removed 1-10-24] ARTICLE VI-PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s)at hand at public hearings and to give all speakers equal treatment and courtesy.While it is often necessary to have a presentation by an applicant and staff,it is the desire of the Board to hear from the public; and therefore,the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 6-2. Order of Business [Amended 05/27/20] For public hearing items,the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (C) Public Comment (d) Close of Public Comment (e) Board Member Questions (fl Staff,Applicant Response (g) Board discussion and/or consideration Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 200 Section 6-3. Identification of Issue and Verification of Required Notice The Chair may call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation(Amended 1-10-24) The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding,provided that sufficient time will be allowed to present,properly and fairly,the subject matter.When written information has been provided prior to the hearing,that information should be summarized, and only new information should be presented in detail at the meeting. Section 6-5. Public Comment[Amended05/27/20; 1-10-24] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors.Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. Prior to commencing public comment,the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time(no longer than three minutes)each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each,provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing,any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion,may allow,but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members' Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 201 Section 6-10.Close of Hearing When the Chair of the Board shall have closed a public hearing,no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing,the Board of Supervisors shall,at its discretion,act or defer action upon the matter set for public hearing.In the event the Board defers action to a later date,the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII-CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner.Cursing or other obscene language or gestures,threats,insults,or other actions intended to harass,provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 3-2 of these rules.Board members are expected to observe the same decorum at all meetings. Section 7-4. Name and Magisterial District of Residence[Amended 02/14/18] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state his/her name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once,he/she shall identify himself/herself each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment,who represents himself as being an officer or representative of an organization,group,association,corporation,or other entity,shall,upon request of a member of the Board,disclose for the organization,group,association,corporation,or other entity,the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organization's method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits[Amended05/27/20] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 202 Section 7-8. Registration[Amended 02/14/18] Should registration of speakers be required,all persons desiring to speak shall sign the register,providing their name and Magisterial District of residence. Section 7-9. Written Copy of Comments Speakers are requested,but not required,to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors, and shall,upon request of any Board Member,provide the source of any information presented. ARTICLE VIII—APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities,boards,commissions,committees or other organizations or positions as the Board shall so authorize and appoint various citizen members to Board's standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology(IT)Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire&Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors[Amended 0 1/25/06];[Amended 02/14/18]; [Amended 08/08/18] [Amended 01/11/23; 1-10-24] Each board member may nominate citizen members to be appointed to the various authorities,boards, commissions,and committees where a representative is needed from a member's respective magisterial district or for the county at large.(Note:A current list of boards and committees is available on the County website.)A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors.For non- Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. Applications may be submitted electronically via the County website, www.fcva.us, or through the County Administrator's Office. A completed application shall be required for all initial nominations;however,a completed application for candidates being reappointed shall not be required. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 203 2. Applications must be received in the County Administrator's Office by noon on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX—Electronic Devices[Added05/27/20] Section 9-1.Devices Use of County-issued computers,tablets,and other devices and use of County email accounts shall be for County business purposes only. Section 9-2.Email Accounts(Amended 1-10-24) Due to the requirements of the Freedom of Information Act(FOIA)and record archiving purposes,Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County.When responding to emails that are sent to all Board members,respond by replying only to the sender and not by using the"Reply All"function.Email,like all written correspondence,is subject to the FOIA. Article X--AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised,repealed,or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. 444 Selection of a Parliamentarian —County Administrator Elected Supervisor Slaughter moved that the Board elect the County Administrator as Parliamentarian. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 204 Selection of Time and Place for Regular Meetings -Approved Supervisor Slaughter moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2023 with the exception that the second meeting in November and December not be scheduled because of the conflict with the holidays, and further moved that should a meeting be canceled due to inclement weather, it take place on the following evening. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Chairman's Annual Board Committee Assignments Chairman Ludwig provided committee assignments as follows: Board Member Assignments for 2024 Josh E. Ludwig Code & Ordinance Committee; Finance Committee; Technology Committee, Chair; Public Safety Committee; Public Works Committee; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate; Frederick Water Board liaison. Blaine P. Dunn Handley Regional Library Board liaison; Social Services Board liaison; Tourism Board liaison. John F. Jewell Human Resources Committee, Chair; Technology Committee; Agricultural District Advisory Committee; Extension Leadership Committee. Robert T. Liero Transportation Committee alternate; Northwestern Regional Jail Board; Parks & Recreation Commission liaison; Planning Commission liaison. Heather H. Lockridge Finance Committee Public Safety Committee, Chair; Public Works Committee, Chair; Northern Shenandoah Valley Regional Commission; Fire & Rescue Association liaison. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 205 Judith McCann-Slaughter Finance Committee, Chair; Transportation Committee, Chair; Joint Finance Committee; Metropolitan Planning Organization; Conservation Easement Authority; Economic Development Authority; Northwestern Regional Jail Board. Robert W. Wells Human Resources Committee; Northern Shenandoah Valley Regional Commission; Landfill Oversight Committee. ### Citizen Committee Appointments for 2024 Code&Ordinance Committee Finance Committee William August"Beau" Bassler Daniel "Danny" Martin Robert Vogler Brandon Monk Charles McWilliams, Jr. Michael Stottlemyer Human Resources Committee Information Technologies Committee Emily Kelley J. Kermit Gaither Kevin Callanan Raphael Francis Public Safety Committee Public Works Committee Kermit Gaither Shawn Graber Shawn Graber Atilla Gergely Allen Sibert Scott Madigan Transportation Committee Brandon Monk Donald Capps Will Weber + + + + + + + + + + + + + + ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda with the removal of the Planning Commission public hearing item titled CPPA #02-23 JORDAN SPRINGS. Supervisor Dunn seconded the motion. Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 206 Supervisor Dunn moved to amend the draft agenda to postpone action on the Planning Commission public hearing item titled CPPA #04-23 SARGENT PROPERTY. Supervisor Liero seconded the motion to amend which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Chairman Ludwig moved to amend the draft agenda to postpone action on an appointment to the Handley Regional Library Board. Supervisor Lockridge seconded the motion to amend which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye The main motion, now amended, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye CITIZEN COMMENTS Rick Agosta, Gainesboro District, spoke in support of the agenda item regarding the request for appropriations for Oaks at Braddock Crossing Subdivision to allow the County to administer the completion of Eyles Lane for inclusion into the state's secondary road system for maintenance by the Virginia Department of Transportation (VDOT). Ellen Agosta, Gainesboro District, spoke in support of the agenda item regarding the request for appropriations for Oaks at Braddock Crossing Subdivision to allow the County to administer the completion of Eyles Lane for inclusion into the state's secondary road system for maintenance by the Virginia Department of Transportation (VDOT). James McElligott, Gainesboro District, echoed the comments of the two previous speakers adding that as he and his neighbors sought information about the matter, County staff were responsive and courteous. Robert Gallalee, Back Creek District, discussed his earlier employment with the government and the Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 207 need to reduce the waste of expensive resources. He spoke in opposition to the agenda item for filling the vacancy on the Shawneeland Sanitary District Advisory Committee. Shawn Graber, Back Creek District, spoke in opposition to the agenda item regarding the request for appropriations for Oaks at Braddock Crossing Subdivision to allow the County to administer the completion of Eyles Lane for inclusion into the state's secondary road system for maintenance by the Virginia Department of Transportation (VDOT). ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Minutes of Closed Session and Regular Meeting of December 13, 2023— CONSENT AGENDA APPROVAL -Approval of Minutes of Special Meeting of January 3, 2024—CONSENT AGENDA APPROVAL -Acceptance of Public Works Committee Report of November 28, 2023 - CONSENT AGENDA APPROVAL, Appendix 1 - Resolution of Appreciation Honoring the Service of Charles S. DeHaven, Jr. - CONSENT AGENDA APPROVAL RESOLUTION OF APPRECIATION FOR CHAIRMAN AT-LARGE CHARLES S.DEHAVEN,JR. WHEREAS,longtime Frederick County business owner Charles S. "Chuck"DeHaven,Jr.,began his long tenure of service to the community in February 1994 when the Board of Supervisors appointed him to the Frederick County Planning Commission,on which he continued to serve for 12 years;and WHEREAS, Charles S. "Chuck" DeHaven, Jr., served dutifully as Chairman of the Frederick County Planning Commission for the last 10 years of his tenure on the Planning Commission and demonstrated both great insight into the issues facing the Commission as well as a keen sense of dedication to the betterment of his community;and, WHEREAS, in 2005, Charles S. "Chuck" DeHaven; Jr.,was elected as the Stonewall District representative to the Board of Supervisors and he served diligently and faithfully for 10 years;and WHEREAS,having been elected in 2015 as the at-large Chairman of the Board,Charles S. "Chuck" DeHaven, Jr., Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 208 presided over the Board for two terms during a period of growth and prosperity while offering thoughtful,calm,and sound guidance to the Board and staff;and WHEREAS,during his thirty years of service to Frederick County,Charles S. "Chuck"DeHaven,Jr.,was known as a passionate advocate for the County's rural areas,and for protecting the quality of life and scenic areas,agricultural land,and orchards,and was instrumental in the development of the County's Rural Areas Study;and WHEREAS, throughout his life in public service, Charles S. "Chuck" DeHaven, Jr., has provided extraordinary leadership and stewardship and has contributed unselfishly to the well-being of the community by serving on countless local and regional boards and committees;and WHEREAS,Charles S."Chuck"DeHaven,Jr.,exhibits the highest devotion to duty and has always represented the citizens and the County with dignity,dedication,and wisdom. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its highest commendation and gratitude to Charles S. "Chuck" DeHaven;Jr., honors his years of outstanding service on behalf of the citizens of Frederick County,and conveys its best wishes to him in all his future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. - Resolution Regarding Aboveground Utilities at Russell Development in the Town of Stephens City - CONSENT AGENDA APPROVAL RESOLUTION WHEREAS,on November 10,2011,a special three-judge panel of the Frederick County Circuit Court, sitting pursuant to Virginia Code§ 15.2-3000,entered a Consent Final Order in the matter of County of Frederick v. Town of Stephens City,Case Number CL09-622,the Consent Final Order resolving disputes between Frederick County and the Town of Stephens City regarding the Town's 2005 annexation of certain territory in the County;and WHEREAS,the Consent Final Order referenced the Town Council's adoption of amended proffer statements for certain property located in the land area subject to the 2005 annexation,including for the property known as Russell-Stephens City, 124.69±acres located in the northernmost portion of the Town,between U.S. Route 11 and the CSX railroad;and WHEREAS,the proffer statement for the Russell-Stephens City property provided that development of the property be in general conformance with a development plan attached to the proffer statement;and WHEREAS,the development plan,a copy of which is attached hereto,included a provision stating,"All proposed utilities to be placed underground";and WHEREAS,the Town has advised that the developer seeks only to bury some utility lines on the Russell- Stephens City property,along Route 11,at the front of the development;and WHEREAS,the Town seeks assurance from the County that the County does not consider the final decision on what portion of these lines are buried or aboveground to be contrary to the development plan or proffer statement for the Russell-Stephens City property,or contrary to the Consent Final Order. NOW,THEREFORE,BE IT RESOLVED THAT that the County does not consider the presence of aboveground or buried utility lines at the Route 11 frontage of the Russell-Stephens City property to be contrary to the development plan or proffer statement for the Russell-Stephens City property,or contrary to the Consent Final Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 209 Order entered in the matter of County of Frederick v. Town of Stephens City, Case Number CL09-622,in the Frederick County Circuit Court, and defers to the Town's final decision on what portion of the lines will be above or below ground. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Jewell praised the recent DECA program held at the Apple Blossom Mall. Supervisor Jewell noted his campaign promise to bring civility to the Board. He moved that the Board remove Chairman Ludwig's citizen appointee Shawn Graber from the Public Safety and Public Works Committees. Supervisor Wells seconded the motion. Supervisor Dunn said Mr. Graber's appointments here are inappropriate. Supervisor Lockridge said Mr. Graber has always looked out for the taxpayer. Chairman Ludwig said he supported having Mr. Graber on committees. He requested and received verification from the County Attorney that a motion to remove a citizen committee member was in order. The motion to remove Shawn Graber from the Public Safety and Public Works Committees failed on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No Vice Chairman Slaughter moved that the Board direct staff to bring a resolution to the next meeting regarding reducing the size of the Planning Commission from 13 to seven members. The Board discussed the benefits of the larger number of members. The motion directing staff to bring the resolution to the Board carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 210 COUNTY OFFICIALS RECOGNITION OF HISTORIC PLAQUE PROGRAM RECIPIENTS The Chairman recognized the recipients of plaques awarded through the County's Historic Property Designation Program: Long Green and Hackwood. PRESENTATION BY ERIC LAWRENCE, EXECUTIVE DIRECTOR, FREDERICK WATER, AND DISCUSSION OF PROPOSED AMENDMENTS TO THE DROUGHT ORDINANCE—SENT FORWARD TO PUBLIC HEARING Eric Lawrence, Executive Director of Frederick Water, presented an update on the drought situation. Planning Director Wyatt Pearson discussed proposed amendments to Chapter 75 Drought Response and Contingency Plan saying that if the Board desired, a public hearing could be held at the January 24th, 2024 Board meeting. Supervisor Wells moved to send the draft drought ordinance forward to public hearing. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Supervisor Dunn moved to declare a drought emergency based on the information received during the presentation by Mr. Lawrence. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 211 RECONSIDERATION OF THE REQUEST FOR A TRANSPORTATION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $258,175—DEFEATED Planning Director Wyatt Pearson discussed the request for a Transportation Fund supplemental appropriation in the amount of $258,175 and a General Fund supplemental appropriation in the amount of $258,175 and explained that the Gainesboro District Board member had requested the item be placed on the agenda for reconsideration. Supervisor Lockridge said she wanted a better solution. Mr. Pearson explained the bond program and the events leading to the bond being pulled and the shortfall in funds needed to complete the construction of Eyles Lane to allow it to be taken into the state highway system for future maintenance. The Board discussed the fact that other similar situations will need to be addressed in the future. Supervisor Lockridge moved to appropriate $258,175 to complete the construction of Eyles Lane. Supervisor Liero seconded the motion which failed on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig No Judith McCann-Slaughter No Mr. Pearson said the staff needed direction on how to proceed. County Administrator Bollhoefer offered to have staff research the matter and bring other options to the Board. POLICY REGARDING SIGNS ON COUNTY-OWNED PROPERTY AT SUNNYSIDE PLAZA— ADOPTED County Attorney Rod Williams reviewed the proposed draft policy. The Board discussed the pros and cons of the policy. Supervisor Wells moved to adopt the draft sign policy. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 212 Sign Policy for Sunnyside Plaza Property Frederick County owns and operates Sunnyside Plaza as a commercial shopping center,with paying retail tenants. Maintaining the property in a clean and orderly manner,to facilitate the business of the tenants of Sunnyside Plaza, is a key objective.In furtherance of that objective,this policy governs the placement of signs at the Sunnyside Plaza property. A"sign'is, for purposes of this policy, any object,device,display, structure, fixture,painting, emblem,or visual,or part thereof,that is designed to use words,designs,figures, graphics, colors, illumination or projected images, fixtures, symbols,numbers, or letters for the purpose of communicating a message, and which is affixed to or placed on the ground or affixed to or placed on any structure. All signs other than the following are prohibited at the Sunnyside Plaza property: 1.Address signs. 2.Traffic signs and directional signs. 3.Regulatory signs and signs giving legal notices. 4. Signs identifying offices, facilities, and/or tenants lawfully occupying the property or any portion of the property, and signs identifying the business operations of such offices, facilities, and/or tenants. Frederick County will remove any sign placed at the Sunnyside Plaza property that does not comply with this policy. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS RHONDA SARGENT APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE -APPROVED Supervisor Jewell moved for the appointment of Rhonda Sargent to the Shawneeland Sanitary District Advisory Committee. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig No Judith McCann-Slaughter Aye BRANDON MONK REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL—APPROVED On motion of Supervisor Jewell, seconded by Vice Chairman Slaughter, Brandon Monk was reappointed to the Extension Leadership Council representing the Back Creek District on the following recorded vote: Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 213 Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ROSE MCDONALD REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL—APPROVED On motion of Supervisor Lockridge, seconded by Vice Chairman Slaughter, Rose McDonald was reappointed to the Extension Leadership Council representing the Gainesboro District on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ALLISON WHITE APPOINTED TO EXTENSION LEADERSHIP COUNCIL—APPROVED On motion of Supervisor Wells, seconded by Vice Chairman Slaughter, Allison White was appointed to the Extension Leadership Council Representing the Opequon District on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye SHAREN GROMLING REAPPOINTED TO SOCIAL SERVICES BOARD AS GAINESBORO REPRESENTATIVE—APPROVED Sharen Gromling served her first term representing the Stonewall District but now resides in the Gainesboro District because of redistricting. On motion of Supervisor Lockridge, seconded by Vice Chairman Slaughter, Sharen Gromling was reappointed to the Social Services Board representing the Gainesboro District on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia + + + + + + + + + + + + + + 214 COMMITTEE BUSINESS—None PUBLIC HEARINGS (NON PLANNING ISSUES)— None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CPPA#01-23 MADISON II, LLC—APPROVED Planning Director Wyatt Pearson reviewed the request for the inclusion of one parcel (PIN 87-A-15), totaling 149 acres, into the boundary of a new non-contiguous Urban Development Area(UDA), and to modify the existing future land use designations on portions of the property. Craig A. George, representing the Applicant, reviewed the request. Supervisor Dunn discussed limiting hours of construction when a project is underway. Mr. Pearson discussed the difference between a comprehensive plan amendment and a rezoning. Chairman Ludwig opened the public comment period. The following spoke: Heather Hoyt, Shawnee District, expressed concerns about traffic if the plan amendment is approved. Mark Waddell discussed the entrance and the need for the road to be revised. Carl Williams, Opequon District, spoke in opposition to the plan amendment. Chairman Ludwig closed the public comment period. Mr. Craig responded to the concerns raised during the public comment period. Supervisor Wells moved to approve CPPA#01-23 for Madison II, LLC. Supervisor Jewell seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye RESOLUTION TO APPROVE AMENDING THE COMPREHENSIVE PLAN, APPENDIX I—AREA PLAN,THE SOUTHERN FREDERICK LAND USE PLAN, Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 215 (CPPA#01-23 MADISON II) WHEREAS,The Comprehensive Plan,was adopted by the Board of Supervisors on November 10,2021;and WHEREAS,this amendment would create a new non-contiguous Urban Development Area(UDA)around the parcel in question (87-A-15) and the Lake Frederick Development, amend the future land use designations to be Neighborhood Village&Mixed Use Commercial Office for the parcel in question,and include supporting text to be added to the Comprehensive Plan,Appendix I—Area Plan,The Southern Frederick Land Use Plan(SoFred);and WHEREAS,the Comprehensive Plans and Programs Committee(CPPC)discussed the Madison 11 CPPA request at their July 10,2023 meeting and recommended the request not be studied further;and WHEREAS,the Board of Supervisors and Planning Commission held a joint work session on August 16, 2023 and discussed the requested Madison 11 CPPA. The Board of Supervisors directed staff and the CPPC to study this request further and hold the necessary public hearings;and WHEREAS,the CPPC at their November 13,2023 meeting,discussed the Madison 11 CPPA request and the proposed SoFred text,and recommended approval;and WHEREAS,the Planning Commission held a public hearing for this request at their December 6,2023 meeting and recommended approval of the Madison 11 CPPA;and WHEREAS,the Frederick County Board of Supervisors held a public hearing for this request at their regular meeting on January 10,2023;and WHEREAS,the Frederick County Board of Supervisors finds that the Madison 11 CPPA#01-23 request to establish a new non-contiguous Urban Development Area around the parcel in question and the Lake Frederick Development, to amend the future land use designations to be Neighborhood Village&Mixed Use Commercial Office for parcel 87-A-15, and to include supporting text in Appendix I of the Southern Frederick Land Use Plan, to be in the best interest of the public health,safety,welfare and future of Frederick County,and in good planning practice;and NOW,THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors that the Comprehensive Plan is amended accordingly. + + + + + + + + + + + + + + CPPA#03-23 BROCKTON PROPERTY—APPROVED Planning Director Wyatt Pearson reviewed the request for an expansion of the Sewer and Water Service Area (SWSA), and Land Use Designation Change, for Parcel 42-A-194, saying the request includes designating the future land use classification as Business. David Frank of Pennoni Associates representing the Applicant reviewed the request. Chairman Ludwig opened the public comment period. The following spoke: Julie Shanabrook, Gainesboro District, asked why the issue was being addressed now when the whole area will be undergoing comprehensive plan review very shortly. Chairman Ludwig closed the public comment period. Supervisor Lockridge moved to approve CPPA #03-23 Brockton Property. Supervisor Jewell Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 216 seconded the motion. Mr. Frank offered that the application had been submitted last year before the start of the area plan update. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye RESOLUTION TO APPROVE AMENDING THE COMPREHENSIVE PLAN, APPENDIX I—AREA PLAN,ROUTE 37 WEST, (CPPA#03-23 BROCKTON) WHEREAS,The Comprehensive Plan,was adopted by the Board of Supervisors on November 10,2021;and WHEREAS,this amendment would include the parcel(42-A-194),totaling 6 acres, into the boundary of the Sewer and Water Service Area(SWSA),and to modify the future land designation on the property to be Business;and WHEREAS, the Comprehensive Plans and Programs Committee (CPPC) discussed the Brockton CPPA request at their July 10,2023 meeting and recommended the request be studied further;and WHEREAS,the Board of Supervisors and Planning Commission held a joint work session on August 16, 2023 and discussed the requested Brockton CPPA. The Board of Supervisors directed staff and the CPPC to study this request further and hold the necessary public hearings;and WHEREAS,the CPPC at their November 13,2023 meeting,discussed the Brockton CPPA request and recommended approval;and WHEREAS,the Planning Commission held a public hearing for this request at their December 6,2023 meeting and recommended approval of the Brockton CPPA;and WHEREAS,the Frederick County Board of Supervisors held a public hearing for this request at their regular meeting on January 10,2023;and WHEREAS,the Frederick County Board of Supervisors finds that the Brockton CPPA#03-23 request to include the parcel (42-A-194) in the boundary of the Sewer and Water Service Area (SWSA), and to modify the future land designation on the property to be Business,to be in the best interest of the public health,safety,welfare and future of Frederick County,and in good planning practice;and NOW,THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors that the Comprehensive Plan is amended accordingly. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 217 CPPA#04-23 SARGENT PROPERTY—ACTION POSTPONED TO JANUARY 24, 2024 Planning Director Wyatt Pearson reviewed the request to expand the UDA and designate the future land use classification to Low Density Residential. In response to Supervisor Liero's question about the Planning Commission's recommendation for denial, Mr. Pearson said there were concerns about the residential growth and the Applicant has revised the request to one for lower-density development. Chairman Ludwig opened the public comment period. The following spoke: Kevin Callanan, Shawnee District, said that infrastructure should come before growth. Rani Hammond, Shawnee District, noted concerns about overcrowding in schools and traffic. Carl Bowman, Shawnee District, spoke in favor of the changes made to the proposal since it was before the Planning Commission. Carl Williams, Opequon District, spoke in opposition to the amendment citing traffic concerns. Chairman Ludwig closed the public comment period. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Alice Strickler addressed the Board regarding the death of her son, fire recruit class member Ian Strickler. Shawn Graber, Back Creek District, discussed civility on the Board. Robert Gallalee, Back Creek District, discussed the appointment of Rhonda Sargent to the Shawneeland Sanitary District Advisory Committee and his treatment by staff in the Zoning Department. Kevin Callanan, Shawnee District, said a plan is needed to make roads safer. He urged the Board Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 218 to ask the School Board for their plans to expand Millbrook and Sherando high schools. Brian Nuri, Opequon District, said the Schools have proved the numbers on the need for a new high school. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn congratulated Vice Chairman Slaughter on her election. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, the meeting was adjourned at 10:52 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 January 10, 2024 County of Frederick, Virginia 219 Board of Supervisors Meeting Minutes of January 10, 2024 - Appendix 1 JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, November 28, 2023 8:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, 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 LANDFILL OVERSIGHT COMMITTEE ATTENDEES: Committee Members Present: Robert W. Wells; Perry Eisenach; Stan Crockett;Justin Hall; and Mike Neese Committee Members Absent: Chris Boies, Michael Bollhoefer Staff present:Joe C. Wilder, Director of Public Works; Mark Fleet, Building Code Official; Gloria Puffinburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Kathy Whetzel,Animal Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Rod Williams, County Attorney; Kevin Alderman, Shawneeland Manager; Karen Orndorff, Public Works Operations Manager; Mike Stewart, Senior Project Manager;John Jewell, Supervisor Elect, Back Creek District (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-We held a joint Public Works/Landfill Oversight Committee meeting to discuss the proposed Landfill budget for fiscal year 2025 and on-going projects at the landfill. We are completing the environmental permitting for the Construction Demolition Debris (CDD) landfill. We are hopeful that we will obtain an approval from the Army Corps of Engineers in January 2024. Once we have permit approval, we will begin construction of the stormwater diversion project. During budget discussions, the committee was informed of a proposed tipping fee increase. Due to the increasing costs for construction and environmental permitting and monitoring, we are recommending the following tipping fee rates: Commercial Rate: $55/ton (current rate: $52/ton) CDD Rate: $50/ton (current rate: $47/ton) Municipal Rate: $24/ton (current rate: $22/ton) Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia 220 The last time the tipping rate was increased was for the fiscal year 2021 budget. With over$15 million worth of projects scheduled in the next five (5) years, the tipping fee increase will allow the landfill to maintain adequate funding for these projects. The Public Works Committee and the Landfill Oversight Committee unanimously endorsed the landfill's fiscal year 2025 budget package. 2-The Public Works Committee was updated on several on-going projects including the construction of Renaissance Drive, Phase 2. Lastly, the Public Works Department budgets were presented to the committee for fiscal year 2025. After discussing the budgets, the committee unanimously endorsed the budgets. Respectfully submitted, Public Works Committee Robert W. Wells Gene Fisher Harvey E. "Ed" Strawsnyder,Jr. Gary Longerbeam Kevin Kenney Heather Lockridge By: Joe C.Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Rod Williams, County Attorney Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Kevin Alderman, Shawneeland District Manager Kathy Whetzel, Animal Shelter Manager Mark Fleet, Building Code Official file Minute Book 49 Board of Supervisors Regular Meeting of January 10, 2024 County of Frederick, Virginia