HomeMy WebLinkAboutMarch 27 2024 Regular Meeting Minutes 297
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 27, 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; Patrick Fly, Assistant
Director of Information Technologies; Jennifer Place, Risk Manager/Budget Analyst; Stacy Herbaugh,
Director of Parks and Recreation; Jon Turkel, Assistant Director of Parks and Recreation; Tonya Sibert,
Commissioner of the Revenue; 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
Pastor Don Capps of Cornerstone Christian Fellowship delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Slaughter led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
Vice Chairman Slaughter moved for the adoption of the draft agenda with the removal of the
following items: Appointment and Reappointments to the Frederick-Winchester Service Authority; the
Frederick Water Board; and the Laurel Ridge Community College Board. Supervisor Lockridge seconded
the motion.
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Supervisor Dunn moved to amend the motion to add an agenda item regarding bonds for public
school construction. Supervisor Jewell 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 Board discussed the postponement of the appointments included in the draft agenda. The
amended main motion to adopt the agenda as amended carried on the following recorded vote:
Blaine P. Dunn Aye Robert T. Liero Aye
John F. Jewell No Robert W. Wells No
Heather H. Lockridge Aye Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
CITIZEN COMMENTS
Shawn Graber, Back Creek District, commented on the removal of the appointments from the draft
agenda and the debt service of the Schools. He said a tax increase would be necessary to fund the top
priorities requested by the Schools.
Cyril Barch, Back Creek District, said as a retired physician he supported the Resolution
Recognizing April 16, 2024, as National Healthcare Decision Day as included in the Board's agenda
packet.
Brian Nuri, Opequon District, commented on the addition of an agenda item regarding the use of
capital funds for school construction saying it may be the option left since the Board has not yet funded the
fourth high school.
ADOPTION OF CONSENT AGENDA—APPROVED
Vice Chairman Slaughter moved for the adoption of the consent agenda. 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
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-Approval of Minutes of Work Session of March 6, 2024—CONSENT AGENDA APPROVAL
-Approval of Minutes of Work Session & Regular Meetings of March 13, 2024—CONSENT AGENDA
APPROVAL
-Acceptance of the Transportation Committee Report of February 26, 2024—CONSENT AGENDA
APPROVAL,Appendix 1
-Acceptance of the Parks & Recreation Commission Report of March 12, 2024 —CONSENT AGENDA
APPROVAL,Appendix 2
- Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation:
William A. Hazel, Inc- $10,124.29—CONSENT AGENDA APPROVAL
-Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the Democratic and
Republican Primary of March 5, 2024—CONSENT AGENDAAPPROVAL,Appendix 3
- Resolution Proclaiming National Public Safety Telecommunicators Week—CONSENT AGENDA
APPROVAL
RESOLUTION PROCLAIMING
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
FREDERICK COUNTY,VIRGINIA
APRIL 14-20,2024
WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services;
and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of
information obtained from citizens who telephone the Frederick County Department of Public Safety
Communications Center; and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by
monitoring their activities by radio,providing them information, and ensuring their safety;and
WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the
apprehension of criminals, suppression of fires, and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the
performance of their job in the past year.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Frederick County, Virginia,
does hereby proclaim the week of April 14-20, 2024, to be National Public Safety Telecommunicators Week in
Frederick County, in honor of the men and women whose diligence and professionalism keep our county and
citizens safe.
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- Resolution Recognizing April 16, 2024, as National Healthcare Decision Day—CONSENT AGENDA
APPROVAL
RESOLUTION RECOGNIZING APRIL 16,2024,AS
NATIONAL HEALTHCARE DECISION DAY
WHEREAS, illness can strike suddenly and leave one unable to make medical decisions for oneself, and
WHEREAS, an Advance Directive(Living Will) is deemed very important for all of our citizens; and
WHEREAS, if one is incapacitated and unable to make his or her own health decisions, an Advance Directive
allows for the appointment of a Medical Agent to act as a Surrogate Decision Maker and such a document has been
found extremely useful in ensuring the implementation of one's healthcare wishes when unable to make them for
oneself, and
WHEREAS,April 16 has been highlighted as a day to ensure everyone over the age of 18 has an Advance Directive;
and
WHEREAS, Valley Health is offering a free face-to-face interview with an experienced healthcare professional to
aid in filling out Advance Directive documents, and the interview does not require a physician referral and can be
scheduled by calling 540-536-5437; and
WHEREAS,Valley Health is offering a free speakers bureau to provide educational speakers to any organization on
the importance of an Advance Directive.
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors recognizes April 16 as
NATIONAL HEALTHCARE DECISION DAY and strongly endorses the use of an Advance Directive by the
citizens of Frederick County.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Jewell thanked the Board for adopting the Resolution Recognizing April 16, 2024, as
National Healthcare Decision Day.
WORK SESSIONS PLANNED FOR DISCUSSION OF FOURTH HIGH SCHOOL-APPROVED
Supervisor Jewell said the fourth high school is a top priority and he moved that the Board
schedule work sessions as necessary with the School Board to determine how to build the new school.
Supervisor Wells seconded the motion which carried on the following recorded vote:
Blaine P. Dunn Aye Robert T. Liero Aye
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John F. Jewell Aye Robert W. Wells Aye
Heather H. Lockridge Aye Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
Supervisor Dunn announced his upcoming Town Hall meeting.
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COUNTY OFFICIALS
TRANSFER FROM CAPITAL FUND TO PAY FOR JWHS RENOVATION— DENIED
Supervisor Dunn moved that $9 million be transferred from the capital fund to the Schools to pay
for ongoing renovation at James Wood High School to eliminate the need to borrow during the spring bond
sale thereby incurring more debt. Supervisor Wells seconded the motion which 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
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COMMITTEE BUSINESS—PARKS & RECREATION COMMISSION
GRANT APPLICATION APPROVED FOR DEVELOPMENT OF OLD CHARLESTOWN ROAD
PARK
Supervisor Liero moved for approval for the Parks and Recreation staff to apply for a grant through
The Land and Water Conservation Fund (LWCF) grant program for the development of the proposed Old
Charlestown Road Park. 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
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PUBLIC HEARINGS (Non Planning Issues)
ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE III
SENIOR CITIZENS AND DISABLED PERSONS EXEMPTION AND DEFERRAL, SECTION 155-20
CALCULATION OF AMOUNT OF EXEMPTION -APPROVED
County Attorney Williams reviewed the proposed amendment to the existing income brackets used
to determine tax relief for senior citizens and disabled persons.
Chairman Ludwig opened the public comment period.
No one addressed the Board.
Chairman Ludwig closed the public comment period.
Vice Chairman Slaughter moved to approve the Ordinance to Amend the Frederick County Code,
Chapter 155 Taxation, Article III Senior Citizens and Disabled Persons Exemption and Deferral, Section
155-20 Calculation of Amount of Exemption. Supervisor Lockridge seconded the motion which 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
ORDINANCE,
March 27,2024
The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 155-20(Calculation of
amount of exemption)of Article III(Senior Citizens and Disabled Persons Exemption and Deferral)of Chapter 155
(Taxation)of the Code of Frederick County,Virginia be,and the same hereby is,amended by enacting an amended
Section 155-20(Calculation of amount of exemption)of Article III(Senior Citizens and Disabled Persons
Exemption and Deferral)of Chapter 155 (Taxation)of the Code of Frederick County,Virginia,as follows(deletions
shown in beldsft-i—ksugh and additions shown in bold underline):
CHAPTER 155 TAXATION
Article III Senior Citizen and Disabled Persons Exemption and Deferral
§ 155-20 Calculation of amount of exemption.
The amount of the exemption granted pursuant to this article shall be a percentage of the real estate tax assessed for
the applicable taxable year in accordance with the following scale:
Total Combined Income Percentage of Exemption
$0 to$20,000$22,400.00 100%
$20,001 $22,400.01 to$25,000$28,000.00 60%
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$25,001 $28,000.01 to$30,000$33,600.00 35%
$30,001 $33,600.01 to$50,000$56,000.00 10%
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FISCAL YEAR 2024-2025 BUDGET
County Administrator Michael Bollhoefer presented information on the proposed budget for FY
2024-2025.
Chairman Ludwig opened the public comment period.
The speakers were as follows:
Faith Power of The Laurel Center, reviewed the services offered by the organization and their
request for funding by the Board.
Jimmy Roberts of Seniors First/SAAA, reviewed the services offered by the organization and their
request for funding by the Board.
Jennifer Locke of Blue Ridge Legal Services, reviewed the services offered by the organization and
their request for funding by the Board.
Cory Thompson of Laurel Ridge Community College, addressed previous concerns of Board
members and cited improved financial policies at the College.
Leigh Ann Sweeney of Lord Fairfax Health District, reviewed the services offered by the
organization, code changes regarding licensed staff members, and the District's request for funding by the
Board.
Skip Philips and Carley Stoliker of NW Works, reviewed the services offered by the organization
and their request for funding by the Board.
Jack Owens of Lord Fairfax Soil & Water Conservation District, reviewed the services offered by
the organization and their request for funding by the Board.
Katie Tennant of the Northern Virginia 4-H Center, reviewed the services offered by the
organization and their request for funding by the Board.
Josh Lee of the Frederick County Professional Firefighters Association spoke in support of the
requested funding for fire and rescue including new personnel and a pay increase.
Dody Stottlemyer, Shawnee District, expressed concerns about the budget being a wish list and
the need for restraint.
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Gene Hawkins, Gainesboro District, cited concerns about spending and the need for budget
restraint.
Dana Brunn, Back Creek District, discussed infrastructure problems and said a tax increase was
coming.
James Moulder, Back Creek District, criticized the proposed budget saying it was an increase and
not a cut.
James M. Payne, Gainesboro District, said the budget increases every year.
Sonia Marfatia-Goode, Back Creek District, spoke in support of fully funding the public schools
saying the fourth high school is a priority.
Jodi Yeggy, Red Bud District, spoke in favor of moving forward with the fourth high school and
renovations at the elementary schools.
Ellen White, Red Bud District, spoke in support of the fourth high school and called for fiscal
responsibility.
Julia Scott, Back Creek District, cited overcrowding and spoke in support of the fourth high school.
Brian Nuri, Opequon District, spoke in favor of the planned work sessions to move the fourth high
school forward saying the needs are critical.
Gayle Ferreira, Shawnee District, spoke opposing the fourth high school citing concern for the
taxpayers.
Shawn Graber, Back Creek District, said the schools are being funded at a higher rate than
required by the State.
Amy Williams, Opequon District, spoke in support of the fourth high school being built.
Kristen Hepner, Shawnee District, asked the Board to fully fund the Schools' budget and to build
the fourth high school.
Maggie Tenney, Shawnee District, said she is a junior at Sherando High School. She cited
overcrowding and said there is no unused space at the school.
Kristin Kuntz, Red Bud District, spoke in support of the fourth high school.
Stasia Lane, Red Bud District, cited overcrowding and spoke in support of the fourth high school
and renovations at the elementary schools.
Sharon Mauzy, Red Bud District, spoke in support of school funding.
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Matt Ytzen, Red Bud District, spoke in support of school funding and building the fourth high
school.
Marie Melnik, Shawnee District, spoke in favor of finding ways other than a tax increase to support
funding for the fourth high school.
Carina Naghib, Stonewall District, spoke in support of the fourth high school.
Vaughn Whitacre, Gainesboro District, referenced a comment about available space at Sherando
High School.
Chairman Ludwig closed the public comment period.
Supervisor Dunn discussed references to the amount of growth in the County saying that new
homes currently under construction were approved years before the current Board took office. He said a
discussion was needed on how to pay for growth.
Chairman Ludwig said he did not co-manage the campaign of a school board member and that a
member of the Board of Supervisors did not profit from the sale of the old Aylor school. He urged care
when making remarks about the Board members. He said the Board has not approved new homes for 15
years.
Supervisor Wells referenced remarks made about his being a `tax and spend' liberal. He said he is
not an advocate of spending money, but he is an advocate of doing the right thing.
Supervisor Dunn noted the Board had approved $9.2 million for expansion at Millbrook in 2017-18,
but the School Board did not accept the funds.
Supervisor Lockridge thanked the members of the public saying that the Board is looking at all
options to address overcrowding in the schools.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None
PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None
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BOARD LIAISON REPORTS
Supervisor Liero provided updates from the Planning Commission, the Tourism Board, the Regional
Commission, and the Library Board.
Supervisor Lockridge provided an update from the Volunteer Fire and Rescue Association.
Chairman Ludwig provided an update from Frederick Water.
CITIZEN COMMENTS - None
BOARD OF SUPERVISORS COMMENTS - None
ADJOURN
On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was
adjourned at 9:28 p.m.
Josh E. Ludwig Michael Bollhoefer
Chairman, Board of Supervisors County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Meeting Minutes of March 27, 2024 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, February 26, 2024
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter Chair (Voting), Will Weber
(Voting), Brandon Monk(Voting),Josh Ludwig(Voting) and Robert Liero (Voting).
Committee Members Absent: Donald Capps, Lewis Boyer (Liaison Stephens City) and
Tim Stowe.
Staff Present:John Bishop,Assistant Director
ITEMS FOR INFORMATION ONLY:
Programs Update: Staff provided an update on the current ongoing planning studies as well as
current and upcoming funded transportation projects in the County.The current studies discussed
are the Route 50 STARS, pipeline studies for exit 313, exit 307 and Route 50 west, MPO transit
feasibility study, safe streets for ALL (SS4A) Action Plan, and the Eastern Frederick County
Transportation Study (Route 37). The currently County funded projects discussed are the
Gainesboro Road at Route 522 intersection upgrade, Redbud Road Realignment and Renaissance
Drive. The VDOT SmartScale funded projects discussed were the exit 313 bridge replacement,exit
317 interchange upgrades to DDI and ramp realignment, Route 7 STARS access, Route 11 at Old
Charlestown Road roundabout, Route 277 turn lane extension at Warrior Drive, and Route
522/Costello Drive intersection upgrade. Staff discussed the pending applications which are
County/VDOT Safety programs on Route 7 lane upgrades, Revenue sharing with a 50/50 cost are
Route 11 and Shawnee Drive Bridge upgrade and Warrior Drive Extension with Brandy Lane
upgrade. VDOT Transportation Alternatives include (80/20 federal/local fund match) will include
Warrior Drive, Inverlee Way bike/pedestrian upgrades along with Valley Mill Road.
Urqhardt Property Limited Access Break Discussion: The owner of the Urqhardt property has
requested a break in the limited access line for direct access to Route 11. Staff gave an overview
of the 2017 information on this request when it had been presented to both the Committee and
the Board of Supervisors. The access break would require Commonwealth Transportation Board
(CTB) approval. An overview of the checklist of documentation associated with the changes to
the limited access including the need for a Board of Supervisors Resolution of support will be
required and was discussed with the Committee.
Route 37 (Eastern Frederick Transportation) Update: McCormick Taylor, representatives of the
firm conducting the study on behalf of the County, updated the Committee on the study progress
and the upcoming joint public meeting to be held on March14t". The project will be finished in
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the next few months.
Upcoming SmartScale Application Round: Staff updated the Committee on the progress toward
the next round of SmartScale applications. The 2024 schedule was discussed with February 28th
round 6 pre-application training, March 15Y round 6 pre-applications open,April 15t pre-application
close, June 15Y full applications open, July 15th supporting documentation due for all applications
and August 15Y round 6 full application are due.
Through Truck Restrictions Consideration:Staff along with the Stonewall District Supervisor have
received numerous complaints regarding trucks around the area of Redbud, Milburn, and
McCanns Road. Staff had a discussion with VDOT that indicated a truck restriction is likely the
County's only recourse at this time. Staff updated the Committee on the public safety issues and
the surface treatment process on the roadways asphalt as reasons for seeking a truck restriction.
The trucks do have an alternative Route instead of the quick cut through. Upon a motion by, Will
Weber, seconded by Brandon Monk the Committee recommended that Staff proceed for a public
hearing for a truck restriction to the Board of Supervisors.
County Project Updates: Renaissance Drive:The construction continues the project with no new
specific items to report on.
Gainesboro Road/Route 522 Intersection Project: Staff are waiting for a determination from
VDOT's Innovative Intersection Committee on the signal justification report that was previously
submitted.
Other:
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Board of Supervisors Meeting Minutes of March 27, 2024 - Appendix 2
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Tuesday, March 12,2024
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
The Parks and Recreation Commission met on Tuesday, March 12, 2024. Members present
were Gary Longerbeam, Randy Carter, Dennis Grubbs,Jennifer Myers, Ron Madagan, Vaughn
Whitacre, and non-voting Board liaison, Mr. Robert Liero.
Members absent: Guss Morrison, Zac Franz
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. The Commission is recommending application for a grant to provide funding for
development of the Old Charlestown Road Park.The Land and Water Conservation
Fund (L WCF)grant program is a 50-50% matching reimbursement program. The grant
recipient must be able to fund 100%of the project while seeking periodic
reimbursements. LWCF grant applications became available at the end of February
2024 and are due to the Virginia Department of Conservation and Recreation by April
18, 2024.The total project cost is estimated at$5,581,400; reimbursement amount
(50%grant amount) is$2,790,700. A budget estimate for park development is
attached (Attachment 1). Project costs could begin in FY25.
ITEMS SUBMITTED FOR INFORMATION ONLY
1. Mr. Madagan made a motion to accept proposed changes to the Recreation Program
Refunds Policy (500.15), seconded by Mrs. Myers, carried unanimously (6-0).
2. Mr. Carter made a motion to accept proposed changes to the Facility Refunds Policy
(500.09), seconded by Mr. Longerbeam, carried unanimously(6-0).
3. Mr. Madagan made a motion for the installation of a Native Peoples and Plants
Interpretive Sign for Rose Hill Park, seconded by Mr. Longerbeam, carried unanimously
(6-0).
Cc: Dennis Grubbs, Chairman
Robert Liero, Liaison, Frederick County Board of Supervisors
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Board of Supervisors Meeting Minutes of
March 27, 2024 - Appendix 3 310
ABSTRACT of VOTES
Cast in FREDERICK COUNTY, VIRGINIA
at the 2024 March Democratic Primary held on March 05, 2024 for,
President
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED
(IN FIGURES)
Marianne Williamson - Democratic 193
Joseph R. Biden, Jr. - Democratic 2051
Dean Benson Phillips - Democratic 102
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 March 05, 2024, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for the President.
Given under our hands this day of
Chairman
Vice Chairman
Secretary
Acting Secretary
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County of Fredrick, Virginia
j.
311
ABSTRACT of VOTES
Cast in FREDERICK COUNTY, VIRGINIA
at the 2024 March Republican Primary held on March 05, 2024 for,
President
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED
(IN FIGURES)
Chris Christie - Republican 26
Ryan L. Binkley- Republican 12
Vivek Ramaswamy- Republican 35
Donald J. Trump - Republican 7568
Ron D. DeSantis - Republican 117
Nikki R. Haley - Republican 2518
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 March 05, 2024, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for the President.
Given under our hands this day of �' w-Q- -q o*_L
Chairman
Vice Chairman
Secretary
Acting Secretary
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