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HomeMy WebLinkAboutApril 24 2024 Regular Meeting Minutes 342 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 24, 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; Wyatt Pearson, Planning Director; Tyler Klein, Senior Planner; Mark Cheran, Zoning &Subdivision Administrator; Cheryl Shiffler, Finance Director; Stacy Herbaugh, 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 Dennis Smith of Valley Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The agenda was adopted on a voice vote following the motion of Vice Chairman Slaughter, seconded by Supervisor Dunn. Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 343 CITIZEN COMMENTS Bryan Nuri, Opequon District, commented on the recent replacement of a Finance Committee member saying the position had been filled without notice of the vacancy being given. He commented on the budget process saying that the Chairman's wife had posted misleading information on social media. He noted attendees in the audience and asked the Chairman to use his authority to keep the meeting orderly. Robert Gallalee, Back Creek District, said 80%of people live paycheck to paycheck and cannot afford a tax increase. Donna Haughton, Back Creek District, said she cannot afford more taxes. Jennifer Hall, Shawnee District, spoke in support of the school budget, funding of new positions in Social Services and the Sheriff's Office, and in favor of the fourth high school. James Moulder, Back Creek District, spoke against budget increases saying the County has a spending problem. Charles Markert, Red Bud District, commented on the budget process and the number of lots already approved for development which will not generate proffers to the County. He called for changes in Richmond to allow for impact fees to be charged to developers outside of rezonings. ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Lockridge seconded the motion which carried on a voice vote. -Approval of Minutes of Work Session & Regular Meetings of April 10, 2024— CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session of April 17, 2024—CONSENT AGENDA APPROVAL -Acceptance of the Parks & Recreation Commission Report of April 9, 2024—CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of the Finance Committee Report of April 17, 2024 —CONSENT AGENDA APPROVAL,Appendix 2 -Confirmation of 2024 Meeting Schedule Adjustment for June, July, and August—CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 344 BOARD OF SUPERVISORS COMMENTS Supervisor Wells noted that residents of the Lake Frederick subdivision are concerned about the proposed Intercounty Service Area District and wish to meet with the Board of Supervisors in May. By consensus, the Board agreed to schedule a work session. Supervisor Jewell noted his attendance at the recent Basic EMS graduation and praised the class participants. He commented on recent social media posts claiming that taxes were supposedly being increased by 18%to pay for a new high school. He stated that the tax rates had already been set and that taxes were not going up. Regarding the discussion of a new high school, he said the Board is conducting work sessions on the issue and working with the School Board. He added that the Board will be smart and frugal in addressing the school overcrowding issue. Supervisor Dunn commented on the work session on the Schools' CIP held earlier in the day saying it was very constructive. Chairman Ludwig noted he and the Vice Chairman met with Frederick Water representatives to open discussion about the structure of utility Boards in the County. He referenced earlier citizen comments about government waste adding that he wished to ask the government to tighten its belt before raising taxes. + + + + + + + + + + + + + + COUNTY OFFICIALS RESOLUTION ADOPTING THE FISCAL YEAR 2024-25 BUDGET AND APPROPRIATIONS— APPROVED Vice Chairman Slaughter moved for the adoption of the Resolution Adopting The Fiscal Year 2024- 25 Budget And Appropriating the Funds. Supervisor Lockridge seconded the motion. Supervisor Dunn made a presentation on the budget highlighting the use of capital funds to supplement operating costs, growth in the County, school enrollment growth, the need to lobby the General Assembly regarding impact fees, and the cost of debt service when borrowing for capital projects. Chairman Ludwig and Vice Chairman Slaughter discussed the capital fund being built from fund balance surpluses over the recent years. Supervisors Dunn and Jewell noted that COVID-19 response funds played a role in building the fund balance surpluses, and that funding is going away. Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 345 Vice Chairman Slaughter reviewed a recent year with a large surplus being from COVID-19 response fund. Supervisor Wells said using the capital fund for operating expenses is not a long-term solution. He said he favored low taxes and spending cuts. Chairman Ludwig discussed the assumed tax increase for a $152 million high school and said new revenues need to be found. He discussed other high schools built for less than $152 million. He said he hopes overcrowding can be solved for less money and with no tax increase and that the Board is committed to working with the School Board. He added that lobbying Richmond for changes on proffers is needed. Supervisor Dunn noted that zero-based budgeting may be a good option for the County. Supervisor Liero noted that growth means investment by local companies which is beneficial to the County and will help the economic picture. The Resolution Adopting the Fiscal Year 2024-25 Budget and Appropriating the Funds carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W.Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye FY 2024-2025 BUDGET RESOLUTION WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 27, 2024, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2024-2025 Fiscal Year as advertised in The Winchester Star on March 19,2024,be hereby approved in the amount of$644,598,725. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2024-2025 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $256,303,468 Regional Jail Fund 29,415,997 Landfill Fund 11,843,523 Division of Court Services Fund 623,098 Shawneeland Sanitary District Fund 1,429,570 Airport Authority Operating Fund 2,911,749 Airport Authority Capital Fund 25,569,357 Lake Holiday Sanitary District Fund 1,744,578 Minute Book 49 Board of Supervisors Regular Meeting of April 24,2024 County of Frederick, Virginia 346 EMS Revenue Recovery Fund 2,624,594 Economic Development Authority Fund 753,442 Transportation Projects Fund 3,200,000 County Capital Fund 14,222,056 School Operating Fund 238,323,836 School Debt Service Fund 20,992,393 School Capital Projects Fund 4,000,000 School Nutrition Services Fund 11,321,757 NREP Operating Fund 7,689,233 NREP Textbook Fund 20,000 Consolidated Services/Maintenance Fund 5,500,000 School Private Purpose Funds 1,000,000 School Textbook Fund 5,110,074 BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund,special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, employee benefits fund, maintenance insurance fund, development project/transportation fund, ARPA fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund,Forfeited Assets Program, Four-For-Life Funds, Fire Programs, and Economic Incentive funds equal to the total cash balance on hand at July 1,2024,plus the total amount of receipts for the fiscal year 2024-2025, The County Capital Fund,Airport Capital Fund and Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2024. The County Capital appropriation shall include funds transferred from and to other capital funds for classification and policy purposes. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2024, are re- appropriated to the 2024-2025 fiscal year to the same department and account for which they are encumbered in the 2023-2024 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost,less expenditures and encumbrances through June 30,2024. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS MICAH JACOBS APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE —APPROVED Supervisor Jewell moved for the appointment of Micah Jacobs to the Shawneeland Sanitary District Advisory Committee to fill a vacant 2-year term ending November 9, 2024. Supervisor Wells seconded the motion. Supervisor Dunn said he would vote no because he thinks the Shawneeland community should be able to elect their own representatives. The motion carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 347 John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye KEVIN SNEDDON APPOINTED TO PLANNING COMMISSION AS OPEQUON DISTRICT REP. — APPROVED Supervisor Wells moved for the appointment of Kevin Sneddon to the Planning Commission as Opequon District Rep. to fill a vacant 4-year term ending June 14, 2025. 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 + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE THE DIRECTOR OF ELECTIONS REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $72,390. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge the Board approved the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of $72,390. 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 THE COMMUNITY CORRECTIONS CHIEF REQUESTS AN NRADC FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $30,000. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn the Board approved the following: The Community Corrections Chief requests an NRADC Fund supplemental appropriation in the Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 348 amount of$30,000. 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 THE EDA EXECUTIVE DIRECTOR REQUESTS AN EDA FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,392.28. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge the Board approved the following: The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of $3,392.28. 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 THE PUBLIC SAFETY COMMUNICATIONS INTERIM OPERATIONS SUPERVISOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $22,278.75. — APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge the Board approved the following: The Public Safety Communications Interim Operations Supervisor requests a General Fund supplemental appropriation in the amount of$22,278.75. 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 THE PARKS & RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $49,000 FROM AVAILABLE PROFFER FUNDS. — APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$49,000 from available proffer funds. 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 Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 349 Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye THE PARKS & RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $60,179 FROM AVAILABLE PROFFER FUNDS. — APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$60,179 from available proffer funds. 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 THE PARKS & RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $9,922 FROM AVAILABLE PROFFER FUNDS. — APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$9,922 from available proffer funds. 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 THE PARKS & RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $900. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$900. 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 Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 350 THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $5,029.80. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$5,029.80. 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 THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $18,204.38. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$18,204.38. 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 THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $100. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$100.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 + + + + + + + + + + + + + + PUBLIC HEARINGS (Non Planning Issues)- None Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 351 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS COMPREHENSIVE PLAN AMENDMENT (CPPA)#02-23 JORDAN SPRINGS —DENIED Planning Director Wyatt Pearson explained the request for the inclusion of two parcels (PIN's 44-A- 294 & 44-A-294A), totaling 231.92 acres, into the boundary of the Urban Development Area (UDA), and Sewer and Water Service Area (SWSA), and to modify the future land use designation on the property to residential. He said the properties are located on the north and south sides of Jordan Springs Road to the west of Woods Mill Road with the larger parcel, 44-A-294A, partially bounded on the east by Woods Mill Road. He said the Snowden Bridge Subdivision borders 44-A-294A to the west, and the properties are in the Stonewall Magisterial District. Mr. Pearson concluded by saying, at the applicant's request, the Board tabled consideration of this item at their January 10th and March 13th, meetings, and since that time, the applicant submitted a letter dated April 5, 2024, revising their application. John Regan of the Christopher Companies discussed the proposed comprehensive plan amendment saying it was not a rezoning case. He said the Applicant would commit to addressing problems identified by the Board and asked the Board to support the amendment to allow the rezoning application to move forward. Supervisor Dunn and Mr. Regan discussed concerns about the road network and traffic. Steve Pettler, representing the Applicant discussed the Application and encouraged the Board to approve the amendment. Supervisor Lockridge and Mr. Pettler discussed the rapid rate of growth and the comprehensive plan's use as a tool to help the Board. Chairman Ludwig opened the public comment period. Janet Davis, Red Bud District, spoke in favor of the comprehensive plan amendment saying an age- restricted development would have no impact on schools. Kathy Golio, Red Bud District, spoke in favor of the comprehensive plan amendment saying the County had nothing to lose and it would be an opportunity to improve road conditions. Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 352 Michael Gormas, Red Bud District, spoke in favor of the comprehensive plan amendment saying `no growth' is not an option and that smart growth such as partnering with the developer is needed. Joy White, Red Bud District, spoke in favor of the comprehensive plan amendment saying this was not approval of the project but would allow the County to see what the developer could offer. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter said she was concerned about planning for what is essentially a continuing care retirement community in an area of the County where both routes to the hospital are extremely congested, while also being on the periphery of the two responsible volunteer fire companies' service areas (Clearbrook/Greenwood). She said the County has planned for this area to remain rural and that taking another step towards suburbanizing this area of the County would call into question the character of the area as a whole. She moved to deny Comprehensive Plan Amendment (CPPA) #02-23 Jordan Springs in accordance with the Planning Commission's recommendation. Supervisor Lockridge seconded the motion. Supervisor Dunn and County Attorney Williams discussed the repercussions if the plan amendment were approved but the rezoning was denied. Supervisor Lockridge and Mr. Pearson discussed the site being included in the recent Northeast Land Use Plan update and remaining designated as a rural area. The motion to deny carried on a recorded vote as follows: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + REMOVAL OF TWO (2) PARCELS AND THE ADDITION OF ONE (1) PARCEL FROM THE SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT. —APPROVED Zoning & Subdivision Administrator Mark Cheran reviewed the request for the removal of two (2) parcels (Tax Map # 84-A-28A) totaling 64.14+- acres and (Tax Map # 74-A-3) totaling 71.21+/-acers and addition of one (1) parcel (Tax Map #73-A-20) totaling 238.51+/- acres to the South Frederick Agricultural Forestal District. Chairman Ludwig opened the public comment period. No one wished to address the Board. Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 353 Chairman Ludwig closed the public comment period. Supervisor Jewell moved to approve removal of two (2) parcels and the addition of one (1) parcel from the South Frederick Agricultural And Forestal District. Supervisor Lockridge seconded the motion. 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 REMOVAL&ADDITION OF PARCELS TO THE SOUTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT WHEREAS,a proposal to remove two(2)parcels from the South Frederick Agricultural&Forestal District,Property Identification Number (PIN) 84-A-28A totaling 64.14+/- acres and PIN 74-A-3 totaling 71.21+/- acres and the addition of one (1) parcel PIN 73-A-20 totaling 238.51+/- acres which will increase the District to a net total of 7,024.79+/- acres was considered. The property is generally located along Cedar Creek Grade(Route 622), Middle Road(Route 628),Marlboro Road(Route 63 1)and Hites Road(Route 625). WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on February 20,2024; and WHEREAS,the Planning Commission held a public hearing and recommended approval on this proposal March 20, 2024; and WHEREAS,the Board of Supervisors held a public hearing on this proposal on April 24,2024; and WHEREAS, the Frederick County Board of Supervisors finds the removal of these parcels and the addition to the South Frederick Agricultural& Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby increases the 2020-2025 South Frederick Agricultural & Forestal District to 7,024.79+/-acres with the removal of PIN 84-A-28A and PIN 74-A-3 and the addition of PIN 73-A-20. + + + + + + + + + + + + + + SOUTH TIMBER RIDGE AGRICULTURAL& FORESTAL ADDITION FOR CKW RENTALS, LLC —APPROVED Zoning & Subdivision Administrator Mark Cheran reviewed the application to add one (1) parcel of 76.866 +/-acres to the South Timber Ridge Agricultural and Forestal District. Chairman Ludwig opened the public comment period. No one wished to address the Board. Minute Book 49 Board of Supervisors Regular Meeting of April 24,2024 County of Frederick, Virginia 354 Chairman Ludwig closed the public comment period. Supervisor Lockridge moved to approve the South Timber Ridge Agricultural & Forestal District Addition for CKW Rentals, LLC. Supervisor Dunn seconded the motion. The motion to approve the rezoning 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 ADDITION OF PARCEL TO THE SOUTH TIMBER RIDGE AGRICULTURAL&FORESTAL DISTRICT WHEREAS, a proposal to increase the South Timber Ridge Agricultural&Forestal District with the addition of one (1)parcel Property Identification Number 37-A-8 totaling 76.866+/-acres,which will bring the District to 24 parcels with a total of 1,247.84+/- acres was considered. The property is generally located along Hollow Road(Route 707) to the north,Muse Road(Route 610)and Gold Orchard Road(Route 708)to the east; and WHEREAS, The Agricultural District Advisory Committee (ADAC) recommended approval of this proposal on February 20,2024; and WHEREAS,the Planning Commission held a public hearing and recommended approval on this proposal March 20, 2024; and WHEREAS, the Board of Supervisors held a public hearing on this proposal to increase the South Timber Ridge Agricultural&Forestal District on April 24,2024; and WHEREAS,the Frederick County Board of Supervisors finds the addition of this parcel to the South Timber Ridge Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby increases the 2020-2025 South Timber Ridge Agricultural and Forestal District by 76.866+/-acres with the addition of PIN 37-A-8. + + + + + + + + + + + + + + ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING— HOME &COTTAGE OCCUPATIONS—APPROVED Senior Planner Tyler Klein reviewed the proposed changes to the home occupation and cottage occupation regulations. Chairman Ludwig opened the public comment period. Minute Book 49 Board of Supervisors Regular Meeting of April 24,2024 County of Frederick, Virginia 355 No one wished to address the Board. Chairman Ludwig closed the public comment period. Supervisor Wells moved to approve the Ordinance to Amend the Frederick County Code, Chapter 165 Zoning—Home&Cottage Occupations. Supervisor Lockridge seconded the motion saying it was of help to small businesses and thanking staff for their efforts. 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 ORDINANCE CHAPTER 165—ZONING ARTICLE I General Provisions;Amendments;and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses Part 201 —Supplementary Use Regulations §165-201.05 Secondary or accessory uses Part 204—Additional Regulations for Specific Uses §165-204.37 Home Occupations §165-204.38 Cottage Occupations WHEREAS,an ordinance to amend Chapter 165—Zoning Ordinance to amend definitions and additional regulations for "home occupations" and "cottage occupations" to modify where the use may be conducted, the number of employees allowed for each use,and to clarify allowances for commercial vehicles associated with a home or cottage occupation was considered;and WHEREAS,the Frederick County Planning Commission held a public hearing on the ordinance amendment changes at their regularly scheduled meeting on February 21,2024 and recommended approval;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on the ordinance amendment changes at their regularly scheduled meeting on April 24,2024;and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health, safety, general welfare, and good zoning practice, Chapter 165 - Zoning Ordinance be amended regarding definitions and additional regulations for"home occupations" and "cottage occupations" modifying where the use may be conducted,the number of employees allowed for each use,and to clarify allowances for commercial vehicles associated with a home or cottage occupation. + + + + + + + + + + + + + + Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 356 ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING— ACCESSORY DWELLINGS AND MASTER DEVELOPMENT PLAN (MDP)—APPROVED Senior Planner Tyler Klein reviewed the proposed Ordinance to amend the Frederick County Code, Chapter 165 Zoning—Accessory Dwellings and Master Development Plan (MDP) Definitions saying they are presented as a package of minor amendments. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. Supervisor Wells moved to approve the Ordinance to amend the Frederick County Code, Chapter 165 Zoning —Accessory Dwellings and Master Development Plan (MDP). Supervisor Dunn 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 AMENDMENT THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I General Provisions;Amendments;and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses Part 201 —Supplementary Use Regulations §165-201.05 Secondary or accessory uses ARTICLE VI Business and Industrial Zoning Districts Part 608—Extractive Manufacturing District §165-608.05 Setback and yard requirements ARTICLE VIII Development Plans and Approvals Part 801 —Master Development Plans §165-801.06 Master development plan submission §165-801.08 Changes to approved master development plans WHEREAS, an ordinance to amend Chapter 165,Zoning,to amend defmitions for family care home, group home and Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 357 adult care residences; to amend supplementary use requirements for accessory dwellings; to amend setback and yard requirements for the EM (Extractive Manufacturing) Zoning District; and to amend regulations for development plans and approval for master development plans(MDP)was considered; and WHEREAS, the Frederick County Planning Commission held a public hearing on the ordinance amendment at their regularly scheduled meeting on February 21,2024 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance amendment at their regularly scheduled meeting on April 24,2024; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health, safety, general welfare, and good zoning practice, Chapter 165 - Zoning Ordinance be amended regarding definitions for family care home,group home and adult care residences;supplementary use requirements for accessory dwellings; setback and yard requirements for the EM(Extractive Manufacturing)Zoning District;and regulations for development plans and approval for master development plans(MDP). + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Liero provided updates from the Planning Commission, the Regional Commission, and the Library Board. Supervisor Lockridge provided an update from the Volunteer Fire and Rescue Association. Supervisor Dunn praised the work of the Social Services staff noting it is a stressful job for those employees. Chairman Ludwig provided an update on the Frederick Water Board saying the State Code allows the Board to be as large as the Board of Supervisors so that instead of the current five members, the Frederick Water Board could consist of seven members. CITIZEN COMMENTS Carol Kidwell, Opequon District, spoke in favor of a fourth high school to alleviate overcrowding in the schools. Tammy Canfield, Stonewall District, asked the Board to find ways other than a tax increase on landowners to build a fourth high school. Minute Book 49 Board of Supervisors Regular Meeting of April 24,2024 County of Frederick, Virginia 358 Vic Canfield, Stonewall District, discussed the need for schools, waste, and spending. He suggested the departments need not spend all their allotted funds each year. Dody Stottlemyer, Shawnee District, thanked the Board for their work on the budget saying she had attended the work session earlier in the day. BOARD OF SUPERVISORS COMMENTS Supervisor Wells reminded everyone of the upcoming Shenandoah Apple Blossom Festival. Supervisor Dunn said from his perspective, the County is well-run financially. He encouraged anyone who knows of waste to let the County Administrator know. He reminded everyone that the Board does not control monies allocated to the Schools and encouraged citizens to contact the Schools with any funding questions. Chairman Ludwig explained an 18%tax increase could be calculated if the fourth high school were to be built from real estate tax revenue only with no new revenues coming in. He said he is looking for alternate revenues and cost savings. He said the current School Board has not yet voted on their CIP as the vote last year was cast by the previously seated School Board. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Wells, the meeting was adjourned at 9:38 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 April 24, 2024 County of Frederick, Virginia 359 Board of Supervisors Meeting Minutes of April 24, 2024 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday,April 9,2024 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on Tuesday, April 9, 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. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Mr. Madagan made a motion to accept an amended Plaque Recognition Policy (500.26)to recognize individuals or entities that have made a significant contribution to the Department, seconded by Mr. Carter, carried unanimously on a voice vote. 2. Mr. Madagan made a motion for the use of proffer funds in the amount of$9,921.63 for the purchase and installation of an additional swing bay for the Sherando Park, Warrier Drive entrance playground, seconded by Mr. Longerbeam, carried unanimously on a voice vote.This request will be forwarded to the Frederick County Finance Committee for their recommendation. 3. Mr. Madagan made a motion for the use of proffer funds in the amount of$49,000 for the installation of an irrigation well and rain reel at Sherando Park in the vicinity of the new practice field for the Warrier Drive entrance, seconded by Mr. Longerbeam, carried forward on a voice vote.This request will be forwarded to the Frederick County Finance Committee for their recommendation. 4. Mr. Madagan made a motion for the use of proffer funds in the amount of$60,179.07 for the purchase and installation of 6 pieces of outdoor exercise equipment for Rose Hill Park, provided the project is approved by the MSV, carried forward on a voice vote. This request will be forwarded to the Frederick County Finance Committee for their recommendation. Cc: Dennis Grubbs, Chairman Robert Liero, Liaison, Frederick County Board of Supervisors Minute Book 49 Board of Supervisors Regular Meeting of April 24,2024 County of Frederick, Virginia 360 Board of Supervisors Meeting Minutes of April 24, 2024 - Appendix 2 REPORT AND RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, APRIL 17, 2024 8:00 AM FIRST FLOOR CONFERENCE ROOM 107 NORTH KENT STREET WINCHESTER, VA 22601 ATTENDEES - Committee Members Present: Judith McCann-Slaughter, Chairman; Josh Ludwig; Mike Stottlemyer; Heather Lockridge; Delane Karalow; and Brandon Monk (remote). Non-voting liaisons Tonya Sibert, Commissioner of the Revenue and William Orndoff, Treasurer. Committee Members Absent: none. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Rod Williams, County Attorney; Stacy Herbaugh, Parks & Recreation Director; Rich Venskoske, Director of Elections; Lenny Millholland, Sheriff; Steve Hawkins, Sheriffs Major; Jon Turkel, Assistant Parks & Recreation Director; Kim Chmura, Community Corrections Chief; and Patrick Barker, EDA Executive Director. A. Action Items A.1. The Director of Elections requests a General Fund supplemental appropriation in the amount of$72,390. This amount represents funds needed for the June 2024 Primary Election. Local funds are required. The committee recommends approval. 2024 June Primary.pdf A.2. The Community Corrections Chief requests an NRADC Fund supplemental appropriation in the amount of $30,000. This amount represents additional funds from DCJS for FY 2024. No local funds required. The committee recommends approval. Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia 361 DCS_CCCA-PSA_AddFunds Request.pdf DCS_CCCA-PSA AddFunds.pdf A.3. The EDA Executive Director requests an EDA Fund supplemental appropriation in the amount of$3,392.28. This amount represents funds received from the City of Winchester and Shenandoah County for the JobsConnector regional job board. No local funds required. The committee recommends approval. EDA TalentConnector.pdf A.4. The Public Safety Communications Interim Operations Supervisor requests a General Fund supplemental appropriation in the amount of $22,278.75. This amount represents a NG911 VDEM grant to complete the text to 9-1-1 migration. No local funds required. The committee recommends approval. NG911 VDEM Grant.pdf NG911 VDEM Grant App.pdf A.S. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$49,000 from available proffer funds. This amount represents the addition of an irrigation well for the Warrior Drive entrance practice field at Sherando Park. This items has been approved by the Parks & Recreation Commission. The committee recommends approval. NW Sherando Well.pdf A.6. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $60,179 from available proffer funds. This amount represents funds for the addition of exercise equipment at Rose Hill Park. This items has been approved by the Parks & Recreation Commission. The committee recommends approval. Rose Hill Park Exercise Equipment.pdf A.7. The Parks & Recreation Director requests a General Fund supplemental Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia appropriation in the amount of$9,922 from available proffer funds. 362 This amount represents the addition of a swing set for the Warrior Drive entrance playground at Sherando Park. This items has been approved by the Parks & Recreation Commission. The committee recommends approval. Sherando Swingset.pdf A.8. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$900. This amount represents a donation for memorial bench to be placed near the lake at Sherando Park. No local funds required. The committee recommends approval. SHP Bench Donation.pdf A.9. The Sheriff requests a General Fund supplemental appropriation in the amount of$5,029.80. This amount represents an auto claim to be used for the vehicle repairs. No local funds required. The committee recommends approval. Sheriff Auto Claim.pdf A.10. The Sheriff requests a General Fund supplemental appropriation in the amount of$18,204.38. This amount represents reimbursements from the DEA for overtime. No local funds required. The committee recommends approval. Sheriff DEA.pdf A.11. The Sheriff requests a General Fund supplemental appropriation in the amount of$100. This amount represents a donation for the Honor Guard. No local funds required. The committee recommends approval. Sheriff Donation Honor Guard.pdf Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia B. Items For Information Only 363 B.1. The Finance Director provides financial statements for the periods ending February 29, 2024 and March 31, 2024. Feb 2024 Fin Stmts.pdf March 2024 Fin Stmts.pdf 13.2. The Finance Director provides General Fund Transfer Reports for February and March 2024. Feb 2024 Transfers.pdf March 2024 Transfers.pdf 13.3. Per the Committee's request, summary information for GASB 96 is provided. GASB Summary Statement No 96.pdf GASB 96 What You Need To Know.pdf Minute Book 49 Board of Supervisors Regular Meeting of April 24, 2024 County of Frederick, Virginia