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June 12 2024 Regular Meeting Minutes 392 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 12, 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; Scott Varner, Director of Information Technologies; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning; Tyler Klein,Senior Planner; Kayla Peloquin, Planner I; 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 Associate Pastor Ed Butler of Winchester Bible Church 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. The motion was seconded by Supervisor Lockridge and carried on a voice vote. Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 393 CITIZEN COMMENTS - None ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Wells 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 &Service Learning Forum of May 22, 2024—CONSENT AGENDA APPROVAL -Approval of Minutes of Regular Meeting of May 22, 2024—CONSENT AGENDA APPROVAL -Acceptance of the Human Resources Committee Report of May 24, 2024—CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of the Public Safety Committee Report of May 23, 2024—CONSENT AGENDA APPROVAL,Appendix 2 -Approval of IT Department Request for$49,933 in PEG Grant Funds to Replace the Failed Analog Equipment in the Board of Supervisors Control Room—CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Jewell said he was looking forward to the upcoming joint work sessions with the School Board regarding the fourth high school. STAFF DIRECTED TO SET PUBLIC HEARING ON A TRUCK RESTRICTION ON GOLD HILL ROAD -APPROVED Supervisor Lockridge noted that the Transportation Committee met recently and agreed to ask the Board to hold a public hearing on a truck restriction on Gold Hill Road. Since the committee report explaining the action was not available for the current meeting, in the interest of time she moved that the Board direct staff to advertise a public hearing for the July 10, 2024, meeting. Vice Chairman Slaughter seconded the motion which carried on the following recorded vote: Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 394 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 said he has heard from a resident who is scared to speak at Board meetings and called for attendees to be respectful. Supervisor Dunn said he would like the Board to meet jointly with the 2 for 2 Foundation Board in July. Supervisor Dunn made remarks about the origin of the Juneteenth holiday. Supervisor Dunn commented on ongoing protests on college campuses regarding Hamas and Israel. Supervisor Dunn noted two constituents with connections to D-Day: one whose father, Douglas Orndorff, was awarded the Distinguished Service Cross for his actions on Omaha Beach and Leon Pope who also served on Omaha Beach on D-Day. By consensus, the Board agreed with Supervisor Dunn's request to bring forth at the next meeting a resolution honoring these veterans. Chairman Ludwig congratulated Supervisor Liero on his party canvas victory. Chairman Ludwig commented on an upcoming communications tower application. COUNTY OFFICIALS DISCUSSION OF BUDGET/REVENUE ISSUES Supervisor Dunn discussed the budget and revenue issues facing the County including the possible construction of a fourth high school. He asked the Board to consider adopting resolutions as follows: Impact Fees: Support a bill asking the General Assembly to allow the County to charge impact fees for new development to cover costs of growth Proffer Revision: Support a bill to have proffers based on the total cost to the County and not just arbitrary school boundary lines which change periodically Sales Tax on Purchases: Support a bill asking the General Assembly to allow a County to charge a 1%additional tax on purchases excluding groceries similar to HB 805 to cover school capital projects and county debt relief The Board discussed Supervisor Dunn's presentation on budget and revenue issues. Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 395 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS KEVIN KENNEY REAPPOINTED TO BOARD OF BUILDING CODE APPEALS—APPROVED Supervisor Liero moved for the appointment of Amanda Whitson to the Board of Building Code Appeals for a 5-year term beginning June 26, 2024, and ending June 26, 2029. Supervisor Lockridge seconded the motion. Supervisors Jewell and Dunn noted current appointee Kevin Kenney's qualifications and his long service on the Board. Supervisor Lockridge said that the Gainesboro District is over-represented on the Building Code Appeals Board and spoke in favor of the motion to appoint Amanda Whitson. The motion failed 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 No Supervisor Jewell moved for the reappointment of Kevin Kenney to the Board of Building Code Appeals for a 5-year term beginning June 26, 2024, and ending June 26, 2029. Vice Chairman Slaughter seconded the motion. Supervisor Lockridge questioned why there should be three of the five members of the Board from her district rather than other areas of the County. Supervisor Dunn said expertise was more important than the district of the appointee. Supervisor Lockridge questioned Mr. Kenney's qualifications. Supervisor Wells listed Mr. Kenny's qualifications including his work as a builder. The motion to reappoint carried 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 Aye DAVID ALLEY REAPPOINTED TO CPMT AS PRIVATE PROVIDER REP.-APPROVED Vice Chairman Slaughter moved for the reappointment of David Alley to the CPMT Board as a Private Provider Representative for a 2-year term beginning June 30, 2024. Supervisor Jewell seconded the motion Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 396 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 JASON CROASDALE APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE —APPROVED Supervisor Jewell moved for the appointment of Jason Croasdale to the Shawneeland Sanitary District Advisory Committee to fill a vacant 2-year term ending February 27, 2025. Supervisor Wells 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—HUMAN RESOURCES COMMITTEE CREATION OF PERSONAL PROPERTY DIVISION SPECIALIST —APPROVED Commissioner of the Revenue Tonya Sibert explained the request to create a new position on her staff. Supervisor Jewell moved for the creation of a Personal Property Division Specialist position at Range 215 to capture additional duties performed by a current staff member in the office of the Commissioner of the Revenue. Supervisor Wells 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 + + + + + + + + + + + + + + PUBLIC HEARINGS (Non Planning Issues)- None Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia + + + + + + + + + + + + + + 397 PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS REZONING #04-24 FOR CSTORE TOWN RUN, LLC, (STICKLEY FARM, L.C.) - DENIED Senior Planner Tyler Klein explained the request to rezone approximately +/-8.29-acres from RA (Rural Areas)Zoning District to the B2(General Business)Zoning District and the IA(Interstate Area)Overlay District with proffers to allow for a convenience store with fueling stations. He said the Planning Commission unanimously recommended approval of the rezoning and summarized several revisions to the proffer statement (revised May 31, 2024) and generalized development plan (GDP, revised May 30, 2024) offered by the applicant in response to discussion with the Planning Commission. Jennifer Mullen of Roth Jackson Gibbons Condlin, PLC, and Andrew Butsick of Kittelson & Associates, Inc., addressed the Board on behalf of the applicant. The Board and Mr. Klein discussed the Planning Commission's unanimous recommendation of approval of the rezoning and concerns about traffic. Chairman Ludwig opened the public comment period. Verne Bortz, Opequon District, spoke in opposition to the rezoning citing traffic concerns. David Gai, Opequon District, spoke in opposition to the rezoning saying the plan was premature with the current traffic issues unresolved. Bryan Nuri, Opequon District, spoke in opposition to the rezoning citing traffic concerns. Sandra Ritenour, Opequon District, spoke in opposition to the rezoning citing traffic concerns. Gary Scothorn, Opequon District, spoke in opposition to the rezoning citing traffic concerns. Rob Spring, Opequon District, spoke in favor of the rezoning. Chairman Ludwig closed the public comment period. Supervisor Wells moved to deny Rezoning #04-24 for CSTORE TOWN RUN, LLC, (STICKLEY FARM, L.C.). Supervisor Dunn seconded the motion. Supervisor Lockridge noted concerns about the traffic. Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 398 The motion to deny 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 + + + + + + + + + + + + + + WAIVER#02-24 0-N MINERALS (CHEMSTONE) COMPANY D/B/A CARMEUSE LIME & STONE, INC. -APPROVED Planner Kayla Peloquin explained the request for a waiver of the structure height limitation for the EM (Extractive Manufacturing) Zoning District of 45' as specified in §165-608.06 of the Frederick County zoning ordinance. She said the waiver request includes a proposed silo of 72', a proposed conveyor height to feed the silo of 85', a proposed bucket elevator height of 87', and a proposed screen tower height of 90'. She said the height waiver for 90' provides a maximum for all proposed equipment. Logan Thompson of Carmeuse made a brief presentation showing the location and height of the proposed structure from nearby properties. Chairman Ludwig opened the public comment period. Todd Legge, Back Creek District, said his agricultural property adjoins the site and he supports the waiver request. Chairman Ludwig closed the public comment period. Supervisor Jewell moved to approve Waiver#02-24 for 0-N MINERALS(CHEMSTONE)COMPANY D/B/A CARMEUSE LIME & STONE, INC. 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 RESOLUTION WAIVER#02-24 O-N Minerals(Chemstone)Company d/b/a/Carmeuse Lime& Stone,Inc. WHEREAS, WAIVER APPLICATION #02-24 was submitted by O-N Minerals (Chemstone) Company d/b/a/ Carmeuse Lime & Stone, Inc. on behalf of Bluegrass Material Company to request a waiver of the structure height limitation for the EM(Extractive Manufacturing)Zoning District of 45'in height as specified in§165-608.06 to allow for equipment up to 90'in height.The property is located at 351 McCune Road,Middletown,Virginia,and is identified Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 399 with Property Identification Number 90-A-2 in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this height waiver application on May 15,2024, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this height waiver application on June 12,2024; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this height waiver to be in the best interest of the public health, safety, and welfare, and in good zoning practice; and NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, that a structure height waiver as allowed in §165-608.06 of the Frederick County Zoning Ordinance is approved to allow for the specified equipment to exceed the 45' height limitation up to but not to exceed 90' in height. + + + + + + + + + + + + + + UPDATE OF THE 2024-2025 FREDERICK COUNTY INTERSTATE AND SECONDARY ROAD PLANS—APPROVED John Bishop,Assistant Director of Planning, introduced the draft update of the 2024-2025 Frederick County Interstate and Secondary Road Improvement Plans. He noted the Primary Road Plan was put on hold by the Transportation Committee pending further review before it comes to the Board. Chairman Ludwig opened the public hearing. Gretchen Mongold, Back Creek District, said she lives on Germany Road and has waited for paving for 21 years. She asked that her road be moved to the active paving list. Arleen Anderson, Back Creek District, said she lives on Germany Road and the gravel road has become busier since it is used as a short cut. Vaughn Whitacre, Gainesboro District, asked for clarification about Hunting Ridge Road's inclusion in the Plan. Steve Burns, Back Creek District, said he lives on Germany Road and the gravel conditions have become a quality of life issue. Chairman Ludwig closed the public hearing. Vice Chairman Slaughter moved to adopt the resolutions approving the Interstate and Secondary plans as presented. Supervisor Wells seconded the motion. The Board, staff, and VDOT representative Ed Carter discussed the cost and timing of paving versus tar and chip treatment. The motion carried on a recorded vote as follows: Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 400 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 2024-2025 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on June 3, 2024;and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 5,2024;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan,after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List;and, WHEREAS,a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2024-2025 Interstate Road Improvement Plan and the Construction Priority List;and, WHEREAS, the Frederick County Board of Supervisors supports the priorities of the Interstate Road Improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors that the 2024-2025 Interstate Road Improvement Plan is in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County, and therefore, the Frederick County Board of Supervisors hereby approves the 2024- 2025 Interstate Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on June 12,2024. RESOLUTION 2024-2025 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Section 33.2-331 of the 1950 Code of Virginia,as amended,provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six-Year Road Plan;and, WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on June 3, 2024;and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 5,2024;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 401 a public hearing on the proposed Plan,after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS,a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2024 — 2025 Secondary Road Improvement Plan and the Construction Priority List; and, WHEREAS, the Frederick County Board of Supervisors supports the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation. NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors that the 2024-2025 Secondary Road Improvement Plan is in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County, and therefore, the Frederick County Board of Supervisors hereby approves the 2024- 2025 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 12,2024. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided updates from the Planning Commission and the Parks & Recreation Commission. CITIZEN COMMENTS James Moulder, Back Creek District, congratulated Supervisor Liero on his party canvas victory. He said he was disappointed with the Back Creek Supervisor. He said the County has a spending problem and he wants the Board to get spending under control. Bryan Nuri, Opequon District, referenced the spoils and patronage system saying a political machine seems to be starting here with involvement by the Chairman's wife. He said he was glad that Supervisor Liero won his party canvas but did not like that the Supervisor allowed negative campaigning by a certain group. He noted his previous positive interactions with Supervisor Liero and asked the Supervisor to distance himself from the Ludwig group to preserve his legacy. Robert Gallalee, Back Creek District, said it was irresponsible for the County to be discussing a fourth high school. He referenced the party canvas held the previous day saying the problem was a last-minute candidate who was not vetted being entered late in the process to limit public input and suppress the vote. He suggested the losing candidate was there only to ensure the fourth high school would be built. Minute Book 49 Board of Supervisors Regular Meeting of June 12,2024 County of Frederick, Virginia 402 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn mentioned a possible meeting with the 2-for-2 Foundation Board. He said if nothing is done on taxes, the Board would face a deficit in four years, and he asked for the Board's support on impact fees. Chairman Ludwig noted that he and Supervisor Liero have met with 2 for 2 representatives but were not successful in having the Foundation Board attend. He said the County Administrator has requested the Foundation provide a copy of their public/private partnership model for review and discussion. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Wells, the meeting was adjourned at 9:53 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 June 12, 2024 County of Frederick, Virginia 403 Board of Supervisors Meeting Minutes of June 12, 2024 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, May 24,2024 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held on the First Floor Conference Room at 107 North Kent Street on Friday, May 24,2024,at 9:00 a.m. ATTENDEES: Committee Members Present: John Jewell,Chairman;Josh Ludwig; and Kevin Callanan. Staff present: Mike Bollhoefer,County Administrator; Rod Williams,County Attorney; Michael Marciano, HR Director; DeLois Blevins, HR Manager; Rebecca Trezise, HR Generalist—Training& Development and Data Analytics; Bill Orndoff,Treasurer,and Tonya Sibert,Commissioner of Revenue. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS Tonya Sibert,Commissioner of Revenue,sought to create a Personal Property Division Specialist position (Range 215-$56,912-$93,802)to capture the additional duties a member of her staff is performing.Towards that end, Ms.Sibert will promote the current staff member into the newly created Personal Property Division Specialist role. (Note:The added cost to pay the employee the minimum of the 215 pay range will be$8,811.) The committee recommends approval, 3 in favor&0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE John Jewell,Chairman Josh Ludwig Kevin Callanan Emily Kelley By Michael J. Marciano, Director of Human Resources Minute Book 49 Board of Supervisors Regular Meeting of June 12,2024 County of Frederick, Virginia 404 Board of Supervisors Meeting Minutes of June 12, 2024 - Appendix 2 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday May 23, 2024 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: Chairwoman Heather Lockridge, Kermit Gaither, Josh Ludwig and Shawn Graber. Al Sibert was absent. Staff and guests present: County Administrator Michel Bollhoefer, Fire& Rescue Chief Steve Majchrzak, County Attorney Rod Williams, Volunteer Fire& Rescue President Dan Cunningham, Major Steve Hawkins, Communications Director Ginger Whitacre, Sheriff Lenny Millholland, Blaine Dunn and Don Jackson. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1. Determination/discussion of Fire and Rescue RFP: Mr. Bollhoefer presented the PSC with a rough draft of the proposed RFP for the Fire& Rescue department. He noted that components from Rocklin County and Sacco County RFPs were included. Additional components the Committee would like to see added range from a County-wide fleet maintenance plan, looking at the Revenue Recovery split and policy adherence. Mr. Graber stated the Fire and Rescue department needs to be looked at as a whole (paid and volunteer)to determine a way to centralize the system that would better meet the needs of the department at this time and for the future. Mr. Bollhoefer will incorporate the changes into the draft and send it to the PSC members for review and comments. Upon unanimous approval, the RFP shall be forwarded to the Board of Supervisors for approval to proceed with the process. 2. Other business: Mr. Bollhoefer introduced Ginger Whitacre as the new Director of Public Safety Communications. Minute Book 49 Board of Supervisors Regular Meeting of June 12, 2024 County of Frederick, Virginia 405 Respectfully submitted, Public Safety Committee Heather Lockridge Al Sibert Kermit Gaither Shawn Graber Josh Ludwig Minute Book 49 Board of Supervisors Regular Meeting of June 12,2024 County of Frederick, Virginia