HomeMy WebLinkAboutJuly 10 2024 Regular Meeting Minutes 3
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JULY 10, 2024
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert
W. Wells; Blaine P. Dunn; Heather H. Lockridge; and John F. Jewell were present. Robert T. Liero
participated remotely from Yellowstone National Park, Wyoming.
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; Amy Feltner, Planner I; Kayla Peloquin, Planner I; Stacy Herbaugh, Director of
Parks and Recreation; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman Ludwig called the meeting to order at 7:01 p.m.
REMOTE PARTICIPATION AUTHORIZED
On the motion of Vice Chairman Slaughter, seconded by Supervisor Wells and carrying on a voice
vote, remote participation was authorized for Supervisor Liero from Yellowstone National Park in Wyoming
for personal business.
INVOCATION
Pastor Mark Carey of Fellowship Bible Church delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Slaughter led the Pledge of Allegiance.
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ADOPTION OF AGENDA-APPROVED
Vice Chairman Slaughter moved for the adoption of the draft agenda with the item titled REZONING
#03-24 FOR SNOWDEN BRIDGE&STEPHENSON VILLAGE II postponed to the August 14 regular meeting
at the request of the Applicant. The motion was seconded by Supervisor Lockridge and carried on a voice
vote.
CITIZEN COMMENTS
Bryan Nuri, Opequon District, spoke to the Board regarding the authority of the Chairman to maintain
order during the meetings.
ADOPTION OF CONSENT AGENDA—APPROVED
Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Lockridge
seconded the motion which carried on the following recorded vote:
Blaine P. Dunn Aye Robert T. Liero Aye
John F. Jewell Aye Robert W. Wells Aye
Heather H. Lockridge Aye Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
-Approval of Minutes of Work Session & Regular Meeting of June 12, 2024—CONSENT AGENDA
APPROVAL
-Approval of Minutes of Closed Session &Work Session of June 26, 2024—CONSENT AGENDA
APPROVAL
-Acceptance of the Parks & Recreation Commission Report of June 11, 2024—CONSENT AGENDA
APPROVAL,Appendix 1
-Acceptance of Public Safety Committee Report of June 20, 2024—CONSENT AGENDA APPROVAL,
Appendix 2
-Acceptance of Public Works Committee Report of June 25, 2024—CONSENT AGENDA APPROVAL,
Appendix 3
-Acceptance of the Transportation Committee Report of June 3, 2024—CONSENT AGENDA APPROVAL,
Appendix 4
-Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the Republican Primary
Election of June 18, 2024—CONSENT AGENDA APPROVAL,Appendix 5
- Resolution With Respect to Revenue Bond Financing by The Economic Development Authority of
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the City of Winchester for Winchester Medical Center and Affiliates—CONSENT AGENDA APPROVAL
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,VIRGINIA WITH RESPECT TO
REVENUE BOND FINANCING BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF WINCHESTER
FOR WINCHESTER MEDICAL CENTER AND AFFILIATES
WHEREAS,the County of Frederick,Virginia(the"County")is a political subdivision of the Commonwealth of
Virginia exercising public and essential governmental functions pursuant to the Constitution and the laws of the Commonwealth
of Virginia;and
WHEREAS,the Economic Development Authority of the City of Winchester,Virginia(the"Authority")is a political
subdivision of the Commonwealth of Virginia and is authorized under Chapter 49,Title 15.2,Code of Virginia of 1950,as
amended(the"Act"),to enter into loan agreements,contracts,deeds and other instruments for the purpose of financing the
acquisition,construction,equipping,expansion,enlargement and improvement of medical facilities to the end that the Authority
may protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia,and to issue its revenue
bonds for the purpose of carrying out any of its powers;and
WHEREAS,Winchester Medical Center("Winchester")is a nonstock,nonprofit corporation duly incorporated and
validly existing under and by virtue of the laws of the Commonwealth of Virginia,which operates medical facilities located in
the City of Winchester,Virginia and the County;and
WHEREAS,Page Memorial Hospital("Page")is a nonstock,nonprofit corporation duly incorporated and validly
existing under and by virtue of the laws of the Commonwealth of Virginia,which operates medical facilities located in the
County of Page,Virginia;and
WHEREAS,Shenandoah Memorial Hospital("Shenandoah")is a nonstock,nonprofit corporation duly incorporated
and validly existing under and by virtue of the laws of the Commonwealth of Virginia,which operates medical facilities located
in the Town of Woodstock,Virginia;and
WHEREAS,Winchester,Page and Shenandoah have requested the Authority to issue its revenue bonds in one or more
series in a total aggregate principal amount not to exceed$285,000,000(the"Bonds"),for the purpose of making loans to
Winchester,Page,Shenandoah and/or other affiliates of Valley Health System("Valley Health"),a Virginia nonstock,nonprofit
corporation;and
WHEREAS,proceeds of the Bonds may be used,among other purposes,to:
(i) fund all or a portion of the costs of the acquisition, development, construction and equipping of a medical office
building project consisting of primary care and out-patient laboratory programs,support space,exterior gathering space,roadway
system and other site improvements,utility and information technology infrastructure,parking and landscaping(collectively,the
"Stephens City Medical Office Building Project");
(ii) fund all or a portion of the costs of the acquisition, development, construction and equipping of a medical office
building project consisting of primary care and out-patient laboratory programs,support space,exterior gathering space,roadway
system and other site improvements,utility and information technology infrastructure,parking and landscaping(the"Greenwood
Medical Office Building Project");and
(iii)refund all or a portion of the Authority's outstanding Hospital Revenue Refunding Bonds(Valley Health System
Obligated Group)Series 2013B(the"Series 2013B Bonds");an
WHEREAS,the Stephens City Medical Office Building Project will be located on an approximately 4 acre site near the
intersection of Fairfax Pike and Warrior Drive in Stephens City(Frederick County),Virginia,and will be owned and/or operated
by Winchester or another affiliate of Valley Health;and
WHEREAS,the Greenwood Medical Office Building Project will be located on an approximately 4.6 acre site at Orrick
Commons Shopping Center on Senseny Road in Winchester(Frederick County),Virginia,and will be owned and/or operated by
Winchester or another affiliate of Valley Health;and
WHEREAS,the Series 2013B Bonds were issued for,among other purposes,the purpose of providing funds,together
with other available funds,to make a loan to Winchester to refund the then outstanding Industrial Development Authority of Clarke
County,Virginia Hospital Facility Revenue Bonds(Winchester Medical Center,Inc.),Series 2000(the"Series 2000 Bonds");and
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WHEREAS,the Series 2000 Bonds were issued for,among other purposes,the purpose of providing funds,together with
other available funds,to pay,or reimburse Winchester for paying,the costs of the construction of a new interchange on Route 37
(the"Interchange")to provide additional access to Winchester Medical Center and relieve traffic congestion at its Amherst Street
entrances;and
WHEREAS, the Interchange is located primarily in the County, specifically at an interchange into Route 37 from
Winchester Medical Center between the Route 50 interchange and the Route 522 interchange,and is owned and maintained by the
Commonwealth of Virginia;and
WHEREAS,the Authority held a public hearing on June 18,2024 with respect to the issuance of the Bonds in
accordance with state and federal law;and
WHEREAS,the Authority has by resolution adopted on June 18,2024(the"Authority Inducement Resolution")
approved the issuance by the Authority of the Bonds,in an aggregate principal amount not exceeding$285,000,000;and
WHEREAS,Winchester has requested approval(to the extent required by the Internal Revenue Code of 1986,as
amended(the"Code"),and the Act)by the Board of Supervisors of the County(the"Board of Supervisors")of the issuance by
the Authority of the Bonds;and
WHEREAS,Section 147(f)of the Code provides that the governmental unit having jurisdiction over the area in which
any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds,and Section
15.2-4906 of the Act sets forth the procedure for such approval;and
WHEREAS,Section 15.2-4905 of the Act provides that if a locality has created an industrial development authority,no
industrial development authority created by a second locality may finance a facility located in the first locality unless the governing
body of such first locality concurs with the inducement resolution adopted in connection with such financing by the second locality;
and
WHEREAS,each of the Stephens City Medical Office Building Project,the Greenwood Medical Office Building Project
and the Interchange to be financed or refinanced with the proceeds of the Bonds is or will be located in County,and the Board of
Supervisors constitutes the highest elected governmental unit of County;and
WHEREAS, the Authority has delivered or caused to be delivered to the Board of Supervisors the following: (i) a
reasonably detailed summary of the comments expressed at the public hearing held by the Authority in connection with the issuance
of the Bonds,and(ii)a copy of the Authority Inducement Resolution,which constitutes the recommendation and request of the
Authority that the Board of Supervisors approve the issuance of the Bonds and concur with the Authority Inducement Resolution,
as required by applicable federal and Virginia law.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK,
VIRGINIA:
1. The Board of Supervisors concurs in the Authority Inducement Resolution and approves the issuance of the Bonds
by the Authority with respect to the Stephens City Medical Office Building Project,the Greenwood Medical Office Building Project
and the Interchange located or to be located in the County as required by Section 147(f)of the Code and Sections 15.2-4905 and
15.24906 of the Act.
2. The Board of Supervisors'approval of the issuance of the Bonds by the Authority does not constitute an endorsement
to a prospective purchaser of the Bonds,or the creditworthiness of Winchester,Page,Shenandoah or Valley Health. The issuance
of the Bonds shall not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or the County,and neither
the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the
County,will be pledged to the payment of the Bonds. The County shall not be obligated to pay the Bonds or the interest thereon
or other costs incident thereto. Valley Health shall pay any costs and expenses(and indemnify for any damages)of the County
incurred with respect to the Bonds.
3. This resolution shall take effect immediately upon its adoption.
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- Resolution Resolution of Support for the 2024 Frederick County and Regional SmartScale Applications—
CONSENT AGENDA APPROVAL
WHEREAS,THIS RESOLUTION SUPPORTS THE FOLLOWING Frederick County and Regional SmartScale
Applications within Frederick County for the following projects:
Frederick County Applications
LUS 50 and Hayfield Road R-Cut Intersection
2.US 50 and Back Mountain Road R-Cut Intersection
3.US 50 W—Wardensville Grade,Stony Hill Road,and Dicks Hollow Road Upgrades
4.Gateway Drive Extension and Intersection with Valley Mill Road
WinFred MPO Applications within Frederick County
1.Exit 307/Route 277 Improvements
2.US 50 Diverging Diamond Interchange and Access Management
3.US50/17/522 Partial Median U-Turn
WHEREAS,the Virginia Department of Transportation(hereafter referred to as the DEPARTMENT)has adopted
procedures for evaluating and scoring projects consistent with SmartScale requirements;and
WHEREAS,the DEPARTMENT has requested applications to be submitted by localities to be considered for
inclusion in the DEPARTMENT'S Six-Year Improvement Program for Fiscal Years 2026-2031;and
WHEREAS,the projects will be evaluation for inclusion in the Six-Year Improvement Program through a screening
and scoring process to be undertaken by the DEPARTMENT;and
WHEREAS,each of the listed projects play important roles in the County's Long Range Transportation Plan and
near tern traffic safety concerns;and
WHEREAS,the County of Frederick and WinFred MPO are eligible entities to apply for transportation funding
under House Bill 2;and
NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors that the Board of
Supervisors is supportive of each of these applications for inclusion into the Six-Year Improvement Program Fiscal
years 2026 through 2031.
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- Resolution Approving Settlement with Kroger Regarding Opioids Litigation—CONSENT AGENDA
APPROVAL
A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS APPROVING OF THE
COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS
AGAINST KROGER AND ITS RELATED CORPORATE ENTITIES,AND DIRECTING THE COUNTY
ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS
NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENT
WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts
Frederick County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice,
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mental health and substance abuse services, and other services by Frederick County's various departments and
agencies; and
WHEREAS, Frederick County has been required and will continue to be required to allocate substantial
taxpayer dollars,resources,staff energy and time to address the damage the opioid epidemic has caused and continues
to cause the citizens of Frederick County;and
WHEREAS,a settlement proposal has been negotiated that will cause Kroger to pay over a billion dollars
nationwide to resolve opioid-related claims against it;and
WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement
Allocation Memorandum of Understanding (the "Virginia MOU"), and affirms that this pending settlement with
Kroger shall be considered a"Settlement"that is subject to the Virginia MOU,and shall be administered and allocated
in the same manner as the opioid settlements entered into previously with the Distributors,Janssen, Teva,Allergan,
Walmart,CVS,and Walgreens;and
WHEREAS,the County's outside opioid litigation counsel has recommended that the County participate in
the settlement in order to recover its share of the funds that the settlement would provide;and
WHEREAS,the County Attorney has reviewed the available information about the proposed settlement and
concurs with the recommendation of outside counsel.
NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors,this 10`h day of
July 2024,approves of the County's participation in the proposed settlement of opioid-related claims against Kroger
and its related corporate entities,and directs the County Attorney and/or the County's outside counsel to execute the
documents necessary to effectuate the County's participation in the settlement,including the required release of claims
against Kroger.
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- Resolutions Honoring the Service of WWII Veterans Douglas Orndorff, Leon Pope, and Leland
Teets—CONSENT AGENDA APPROVAL
A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS
HONORING THE DISTINGUISHED SERVICE OF DOUGLAS ORNDORFF
WHEREAS,June 6,2024,is the 80th anniversary of the invasion of Normandy during World War II;and
WHEREAS Douglas Orndorff enlisted in the U.S.Army at the beginning of World War II;and
WHEREAS Sergeant Orndorff was assigned to the 116th Infantry Regiment,29th Infantry Division,and landed
with his platoon on Omaha Beach in Normandy on the morning of June 6, 1944;and
WHEREAS Sergeant Orndorff found that the heavy enemy rifle,machine gun,and artillery fire had pinned down
two battalions,and he rallied his men to attack despite the intense enemy fire,fearlessly leading them forward in an
assault on the enemy positions;and
WHEREAS Sergeant Orndorff s actions so inspired the other troops that they joined the assault and helped carry the
positions;and
WHEREAS,during the battle,Sergeant Orndorff was shot in the eye by an enemy sniper;and
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WHEREAS,in recognition of his actions,Sergeant Omdorff was presented with the Distinguished Service Cross,
the Nation's second-highest military award for valor after the Medal of Honor.
NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors,on behalf of the citizens
of the County,gratefully honors the actions of Sergeant Omdorff and his fellow soldiers which helped preserve the
freedoms we enjoy today and extends heartfelt gratitude to the family of Sergeant Orndorff for his service and
sacrifice to our nation.
A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS
HONORING THE MILITARY SERVICE OF LEON FOSTER POPE
WHEREAS,June 6,2024,is the 80th anniversary of the invasion of Normandy during World War II;and
WHEREAS Leon Foster Pope enlisted in the U.S.Army at the beginning of World War II;and
WHEREAS Private First Class Pope was assigned to the 116th Infantry Regiment,29th Infantry Division;and
WHEREAS PFC Pope landed on Omaha Beach in Normandy in the second wave at about 10:30 a.m.on the
morning of June 6, 1944;and
WHEREAS PFC Pope received heavy enemy rifle,machine gun,and artillery fire during the battle and he and his
men finally moved inland after a day of long fighting;and
WHEREAS,later in July 1944,PFC Pope was wounded by shrapnel in the head and shot in the leg by enemy fire;
and
WHEREAS Leon Pope acknowledges that five of his friends with whom he served,known as the Valley Avenue
Boys,did not return from World War II.
NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors,on behalf of the citizens
of the County,gratefully honors the actions of Leon Foster Pope and his fellow soldiers which helped preserve the
freedoms we enjoy today and extends heartfelt gratitude to Mr.Pope for his service and sacrifice to our nation.
A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS
HONORING THE MILITARY SERVICE OF LELAND TEETS
WHEREAS,June 6,2024,is the 80th anniversary of the invasion of Normandy during World War II;and
WHEREAS Leland Teets enlisted in the U.S.Army at the beginning of World War II;and
WHEREAS Private First Class Teets landed with his platoon on Utah Beach in Normandy on the morning of June 6,
1944;and
WHEREAS PFC Teets survived heavy enemy gunfire and deafening explosions,and a few days later while
patrolling the hedgerows of the French countryside was wounded by a German sniper;and
WHEREAS PFC Teets spent 153 days recuperating in an English hospital from his wound,and after recuperating
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from his wounds,he rejoined his Army unit and fought in the Battle of the Bulge to help stop the final German
advance to retake Europe.
NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors, on behalf of the citizens
of the County,gratefully honors the actions of Leland Teets which helped preserve the freedoms we enjoy today,
and extends heartfelt gratitude to Mr. Teets for his service and sacrifice to our nation.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn discussed the type of plastic accepted at the landfill for recycling.
Supervisor Dunn discussed recent comments about the budget and the need to cut spending. He
listed some examples of County services that could be cut to reduce spending.
Supervisor Dunn reiterated his assertion that citizens should be able to speak freely at the Board
meetings without being intimidated by others in the audience.
Supervisor Jewell noted the upcoming joint work session with the School Board will be on July 17.
Chairman Ludwig said that to balance the budget, the Board must have the courage to cut spending
without raising taxes. He said that Supervisor Dunn had not supported amendments to reduce the budget.
Chairman Ludwig apologized for the language used by the speaker under Citizen Comments adding
that he cannot gavel down inappropriate language because of free speech concerns.
Supervisor Dunn noted that there were amendments offered to reduce the budget last year but this
year the Chairman had supported a deficit budget. He disagreed with the legal assessment of controlling
meetings as expressed by the Chairman.
COUNTY OFFICIALS
SPONGY MOTH UPDATE FROM MARK SUTPHIN,VIRGINIA COOPERATIVE EXTENSION UNIT
COORDINATOR AND EXTENSION AGENT
Mark Sutphin, Virginia Cooperative Extension Unit Coordinator and Extension Agent, provided an
update on the current situation regarding spongy moths in the County.
The Board discussed available options for dealing with spongy moths. By consensus, the Board
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agreed to have the County Administrator research costs for participating in a spraying program if partially
funded by a federal grant.
RECOGNITION OF WWII VETERANS DOUGLAS ORNDORFF, LEON POPE, AND LELAND
TEETS
In honor of WWII and D-Day Veteran Douglas Orndorff, the resolution adopted on the evening's
consent agenda was read. Supervisor Dunn and Chairman Ludwig presented the signed resolution to the
son and daughter of Mr. Orndorff.
In honor of WWII and D-Day Veterans Leon Pope and Leland Teets, the resolutions adopted on the
evening's consent agenda were read.
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
ELIJAH FILBERT APPOINTED TO HISTORIC RESOURCES ADVISORY BOARD- APPROVED
Supervisor Lockridge moved for the appointment of Elijah Filbert to the Historic Resources Advisory
Board to fill an unexpired at-large term ending January 12, 2025. Vice Chairman Slaughter seconded the
motion which carried on the following recorded vote:
Blaine P. Dunn No Robert T. Liero Aye
John F. Jewell Aye Robert W. Wells Aye
Heather H. Lockridge Aye Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
ASHLEY SONNTAG REAPPOINTED TO TOURISM BOARD -APPROVED
Supervisor Liero moved for the reappointment of Ashley Sonntag to the Tourism Board for the
second of two three-year terms ending June 30, 2027. Vice Chairman Slaughter 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
GORDON STEARNS APPOINTED TO TOURISM BOARD -APPROVED
Supervisor Liero moved for the appointment of Gordon Stearns to the Tourism Board for his first
three-year term ending June 30, 2027. Vice Chairman Slaughter seconded the motion which carried on the
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following recorded vote:
Blaine P. Dunn Aye Robert T. Liero Aye
John F. Jewell Aye Robert W. Wells Aye
Heather H. Lockridge No Josh E. Ludwig No
Judith McCann-Slaughter Aye
THOMAS LEONE REAPPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY —
APPROVED
Vice Chairman Slaughter moved for the reappointment of Thomas Leone to the Winchester Regional
Airport Authority for a 4-year term ending August 12, 2028. 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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COMMITTEE BUSINESS—None
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PUBLIC HEARINGS (Non Planning Issues)
ABRAMS CREEK TRAIL PROJECT -VDOT PROJECT UPC: 113895
Bill Shelton of ZMM Engineers explained that the Abrams Creek Greenway trail will provide a needed
recreation and transportation amenity to the community and will provide access to one of eastern Frederick
County's most beautiful natural resources, Abrams Creek. He reviewed the plans for the trail which is
envisioned to follow the Abrams Creek drainage from near Senseny Road to Channing Drive, and which is
planned to be developed in three approximately 1-mile segments.
The Board discussed the project including the team members, the phasing, grant funding, and
maintenance costs.
Chairman Ludwig opened the public comment period.
James Moulder, Back Creek District, said the project is an example of how the budget grows to
spend more tax payer money.
Chairman Ludwig closed the public comment period.
The Board discussed the project further with Parks and Recreation Director Stacy Herbaugh.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
PROPOSED GOLDS HILL ROAD AND UPPER RIDGE ROAD THROUGH TRUCK
RESTRICTIONS - APPROVED
Assistant Planning Director John Bishop explained the proposed truck restrictions. He said this item
had been raised via numerous citizen concerns related to increasing truck traffic on these roadways and
associated safety and maintenance concerns. He said a staff evaluation of the facilities are as follows:
Golds Hill Road is unpaved and of insufficient width for opposing traffic to be accommodated with trucks.
Measurements of these roadways taken from the County GIS system indicate widths ranging from 13-17
feet. Upper Ridge Road, while paved, is narrow as noted and the pavement section is insufficient for regular
truck traffic while the standard VDOT width for a single lane of traffic is 12 feet wide.
The Board and Mr. Bishop discussed various GPS systems possibly causing truckers to travel on
the roads in question even though they are not suitable for trucks.
Chairman Ludwig opened the public comment period.
Peggy McKee, Gainesboro District, spoke in favor of the truck restrictions citing truck traffic and
damage to Golds Hill Road over the last several years.
Chairman Ludwig closed the public comment period.
The Board and staff discussed the request for truck restrictions and the likelihood of signage reducing
truck traffic.
Supervisor Lockridge moved that the Board adopt the Resolution Requesting the Commonwealth
Transportation Board Enact Through Truck Restrictions on Golds Hill Road (VA Route 673) and Upper
Ridge Road (VA Route 650). Vice Chairman Slaughter 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
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REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD ENACT
THROUGH TRUCK RESTRICTIONS ON GOLDS HILL ROAD(VA ROUTE 673)AND
UPPER RIDGE ROAD(VA ROUTE 650)
WHEREAS, Golds Hill Road and Upper Ridge Road are experiencing regular truck traffic leading to maintenance
and safety concerns; and
WHEREAS, Golds Hill Road and Upper Ridge Road are too narrow to allow opposing traffic when one of the
vehicles is a truck and Golds Hill Road is unpaved; and
WHEREAS,the majority of Golds Hill Road and Upper Ridge Road are narrower than the VDOT 2-lane road
standard; and
WHEREAS,the Frederick County Board of Supervisors has identified that an alternate transportation route exists
via Route 522 to Apple Pie Ridge Road(Route 739)to Upper Ridge Road(Route 650); and
WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia,the Frederick County
Board of Supervisors has conducted a public hearing on July 10,2024,to obtain public comments on restricting
through truck traffic on Golds Hill Road and Upper Ridge Road; and
WHEREAS,the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed
restriction by the appropriate local law enforcement agency.
NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors in the interest of public
health, safety,general welfare,requests that the Commonwealth Transportation Board,or its designee, consider
restricting through truck traffic on Golds Hill Road and Upper Ridge Road.
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ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING—
CHURCHES AND PLACES OF WORSHIP&NATIONALLY CHARTERED FRATERNAL LODGES
OR CIVIC CLUBS, SOCIAL CENTERS AND THEIR RELATED CLUB FACILITIES—APPROVED
Planner Kayla Peloquin explained the proposal to amend the term "Church"to"Churches and Places
of Worship" in every instance where"Church" is used, adding that no changes are proposed to the definition.
She said the proposal also amends the RA (Rural Areas) Zoning District "Conditional uses" section (§165-
401.03) to add "Nationally chartered fraternal lodges or civic clubs, social centers and their related club
facilities" as a conditional use. She continued saying that this proposal relocates the additional regulations
for the use from the RP (Residential Performance) Zoning District conditional uses list (§165402.03) to a
new subsection in the Additional Regulations for Specific Uses section (§165-204), and that no changes are
proposed to the existing additional regulations, which are being moved to make the ordinance more
consistent so that all additional regulations would be found in §165-204.
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 165 Zoning — Churches and Places of Worship & Nationally Chartered Fraternal Lodges or Civic
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Clubs, Social Centers and Their Related Club Facilities. 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
TO AMEND 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
§165-201.02 Setback requirements
§165-201.03 Height limitations;exceptions
Part 202—Off-Street Parking,Loading and Access
§165-202.01 Off-street parking;parking lots
Part 204—Additional Regulations for Specific Uses
§165-204.36 Adult retail
§165-204.40 Nationally chartered fraternal lodges or civic clubs,social centers,and their related club facilities
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 —RA Rural Areas District
§165-401.02 Permitted uses
§165-401.03 Conditional uses
Part 402—RP Residential Performance District
§165-402.02 Permitted uses
§165-402.03 Conditional uses
Part 403—MH1 Mobile Home Community District
§165-403.02 Permitted uses
WHEREAS, a proposal was presented to amend Chapter 165 — Zoning Ordinance to modify the terminology of
churches,conditional uses in the RA(Rural Areas)Zoning District,and relocate the additional regulations for specific
uses for nationally chartered fraternal lodges or civic clubs,social centers,and their related club facilities;and
WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on June 5,2024,
and recommended approval of the ordinance amendment;and
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Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
16
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment
on July 10,2024.
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, the amendment to Chapter 165 — Zoning Ordinance to
modify the terminology of churches, the conditional uses in the RA (Rural Areas) Zoning District, and relocate the
additional regulations for specific uses for nationally chartered fraternal lodges or civic clubs,social centers,and their
related club facilities is adopted.
+ + + + + + + + + + + + + +
ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING -
DEFINITIONS AND CORRECTIONS FOR CONFERENCE/EVENTS CENTERS, DATA CENTERS,
SOLID WASTE COLLECTION, AND MATERIALS RECOVERY FACILITIES - REVISION TO
AMEND THE DEFINITIONS, TO UPDATE STANDARDS, CORRECT ERROR, REMOVE DATA
CENTERS FROM B2,AND TO REMOVE MULTIPLE TYPES OF PUBLIC GARAGE.—APPROVED
Planner Amy Feltner explained the proposal to change definitions, update standards, correct errors,
and remove multiple types of public garage meanings in the ordinance. She said the amendment will
specifically list the allowance of conference/event centers and data centers in the B2 (General Business)and
B3 (Industrial Transition) Districts; Data centers in the M1 (Light Industrial), M2 (Industrial General), and TM
(Technology-Manufacturing Park) Districts; Commercial Sport and Recreation Clubs in the B2 (General
Business); Continuing-Care Retirement Community (CCRC) in the MS (Medical Support) District; and clarify
the recycling operation and recreational facilities in the M1 (Light Industrial) District. She said B1
(Neighborhood Business) District square foot limitation for retail stores and grocery/food stores has been
relocated. She concluded saying that the amendments are not adding additional permitted uses, but rather
clarifying that these are permitted uses and that these uses were previously allowed under the Standard
Industrial Classification (SIC) use tables that were replaced with NAICS terminology in 2023.
The Board and staff discussed the definition of data processing in the ordinance.
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 165 Zoning - Definitions and Corrections for Conference/Events Centers, Data Centers, Solid Waste
Collection, and Materials Recovery Facilities-Revision to Amend the Definitions, to Update Standards,
Correct Error, Remove Data Centers from B2, and to Remove Multiple Types of Public Garage. Supervisor
Minute Book 50
Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
17
Jewell 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
TO AMEND CHAPTER 165-ZONING
ARTICLE I
GENERAL PROVISIONS;AMENDMENTS;AND CONDITIONAL USE PERMITS
Part 101-General Provisions
§165-101.02.Defmitions and word usage
ARTICLE II
SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC
USES
Part 204-Additional Regulations for Specific Uses
§165-204.08.Grocery and food stores
§165-204.39.Retail Stores(Drug,Health,and Personal Care)
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 504—MS(Medical Support)Districts
§165-504.02(B).Permitted Uses
§165-504.02(B)(2)Flex-tech performance standards
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 602-B1 Neighborhood Business District
§165-602.02.Allowed Uses
Part 603-B2 General Business District
§165-603.02.Allowed Uses
Part 604-B3 Industrial Transition District
§165-604.02.Allowed Uses
Part 605-TM Technology-Manufacturing Park District
§165-605.02.Permit Uses
Part 606-M1 Light Industrial District
§165-606.02.Allowed Uses
§165-606.03.Conditional uses
WHEREAS,a proposal was presented to amend Chapter 165—Zoning Ordinance to remove data centers from the B2
(General Business District),and to make minor corrections to the General Provisions,Supplementary Use Regulations,
Planned Development Districts,and Business and Industrial Zoning District Sections;and
WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on June 5,and
recommended approval of the ordinance amendment;and
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Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
18
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment
on July 10,2024.
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, the amendment to Chapter 165 — Zoning Ordinance to
remove data centers from the B2(General Business District),and to make minor corrections to the General Provisions,
Supplementary Use Regulations, Planned Development Districts, and Business and Industrial Zoning District
Sections; is adopted.
+ + + + + + + + + + + + + +
PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
REZ#05-24—SILVER LAKE LLC (ROUND HILL CROSSING) MINOR PROFFER AMENDMENT
-APPROVED
Assistant Planning Director John Bishop explained the request for a minor amendment to the
approved proffer statement associated with rezoning (REZ) application #01-09 (Silver Lake)to provide for a
monetary contribution to Frederick County in lieu of the design and construction of Phase 1 and Phase 2
improvements to the U.S. Route 50 and Virginia Route 37 interchange. He said this amendment has been
coordinated with County and VDOT staff in support of the County's SmartScale application for interchange
upgrades at the Route 37/US 50 Interchange.
Supervisor Lockridge moved to approve REZ#05-24 —Silver Lake LLC (Round Hill Crossing) - Minor
Proffer Amendment. Vice Chairman Slaughter 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
AMENDING THE ZONING DISTRICT MAP
REZONING#05-24 FOR SILVER LAKE,LLC(ROUND HILL CROSSING)
WHEREAS, REZONING#05-24 for Silver Lake, LLC (Round Hill Crossing) was submitted to rezone+/- 224.1-acres
of the MS (Medical Services) District and B2 (General Business) District with proffers to the MS (Medical Services)
District and B2(General Business)District with modified proffers.The proposed proffer amendment includes changes to
transportation proffers related to the interchange area of US Route 50 and Route 37. The amendment allows the applicant
to pay the equivalent cash value of the proffered improvements in lieu of construction. The properties are generally
located north of US Route 50 West on the corner of Lutheran Boulevard and Northwestern Pike (US Route 50) and are
identified by Property Identification Numbers (PIN) 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63 in the
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Gainesboro Magisterial District;and
WHEREAS,the Frederick County Planning Commission held a public meeting on this rezoning on July 3,2024,and
recommended approval;and
WHEREAS,the Frederick County Board of Supervisors held a public meeting on July 10,2024;and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest
of the public health,safety,and welfare,and in conformance with the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the
Frederick County Code,Zoning,the Zoning District Map is amended in accordance with Rezoning#05-24 Silver Lake,
LLC(Round Hill Crossing)to rezone+/-224.1-acres from the MS(Medical Services)District and B2(General Business)
District with proffers to the MS (Medical Services)District and B2 (General Business)District with modified proffers.
The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached.
+ + + + + + + + + + + + + +
BOARD LIAISON REPORTS
Supervisor Liero updated the Board on recent Planning Commission business.
CITIZEN COMMENTS
James Moulder, Back Creek District, discussed cost-cutting saying employees earning $300,000
should not receive 4% raises. He spoke opposing the use of tax dollars for community college scholarships.
He suggested the Board repeal zoning to reduce housing unit growth where proffers are not sufficient. He
spoke in opposition to the recent reappointment of Kevin Kenney to the Board of Building Code Appeals
saying that Mr. Kenney is not a Republican.
D'Ann Kenney, Gainesboro District, spoke about speeding and suggested that adding school zone
speed cameras would help reduce speeding.
Alice Strickler addressed the Board regarding the 2023 death of her son, fire recruit class member Ian
Strickler.
Della DeHaven, Gainesboro District, commented on the behavior at Board meetings saying that
Roberts Rules of Order are appropriate for the Board. She noted that no one should speak at a meeting
unless the Chairman has recognized him or her.
Tim Regan, Back Creek District, condemned the remarks during the earlier Citizens Comments period.
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Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
20
BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn reiterated that speakers at the Board meetings should not feel threatened when at
the podium.
Supervisor Wells congratulated the Parks and Recreation Department on a wonderful Independence
Day celebration.
Supervisor Jewell congratulated the Town of Middletown on a wonderful Independence Day
celebration.
Chairman Ludwig commented on the remarks about repealing building rights saying that it cannot be
done in Virginia.
Vice Chairman Slaughter noted the upcoming meeting of the Development Impact Model Oversight
Committee and possible changes in the traffic model.
ADJOURN
On motion of Vice Chairman Slaughter, seconded by Supervisor Wells, the meeting was adjourned
at 9:17 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 Regular Meeting of July 10, 2024
County of Frederick, Virginia
21
Board of Supervisors Meeting Minutes of July 10, 2024 - Appendix 1
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Tuesday,June 11,2024
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
The Parks and Recreation Commission met on Tuesday, June 11, 2024. Members present were
Gary Longerbeam, Randy Carter, Dennis Grubbs,Jennifer Myers, and Vaughn Whitacre.
Members absent: Guss Morrison, Zac Franz, Ron Madagan
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. Mrs. Myers made a motion to accept an amended Background Check Policy(500.03)to
conduct a criminal background check annually versus every 24 months on staff and
volunteers, seconded by Mr. Carter, carried unanimously(5-0).
2. Staff made a motion to grant a request from FCPS Administration requesting exclusive
use of the Community Room at Sherando High School for the duration of the 2024-
2025 school year, seconded by Mrs. Myers, carried unanimously(5-0).
3. The Buildings and Grounds Committee made a motion to use proffer funds in the
amount of$20,000 to expand the parking lot at Rose Hill Park by approximately 20
spaces, seconded by Mr. Longerbeam, carried unanimously(5-0).
4. The Buildings and Grounds Committee made a motion to use proffer funds in the
amount of$12,000 for the Rose Hill Park/Sandy Ridge Connector Trail. The fence is a
requirement by the Museum of the Shenandoah Valley to have the connector trail,
seconded by Mr. Carter, carried unanimously (5-0).
5. The Buildings and Grounds Committee made a motion to use proffer funds in the
amount of$25,000 to install 6 pieces of outdoor fitness equipment along the walking
trail at Frederick Heights Park, seconded by Mrs. Myers, carried unanimously (5-0).
Cc: Dennis Grubbs, Chairman
Robert Liero, Liaison, Frederick County Board of Supervisors
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County of Frederick, Virginia
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Board of Supervisors Meeting Minutes of July 10, 2024 - Appendix 2
PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday June 20, 2024
8:30 a.m.
1080 COVERSTONE DRIVE, WINCHESTER,VIRGINIA
ATTENDEES:
Committee Members Present: Chairwoman Heather Lockridge, Kermit Gaither,
Al Siber and Shawn Graber. Josh Ludwig was absent.
Staff and guests present: County Administrator Michel Bollhoefer, Fire&
Rescue Chief Steve Majchrzak, John Jewell,Major Steve Hawkins, Communications
Director Ginger Whitacre and Sheriff Lenny Millholland.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS FOR INFORMATION ONLY:
1. Update on Company 22:
Mr. Bollhoefer stated that on Wednesday June 26, the Board of Supervisors will
meet in a closed session to discuss the 2 potential sites for Company 22. One being
on 522/Tasker and the other on 277 on the south side of the water tanks.
2. Dispatch operations and leadership:
Director Whitacre gave a brief overview of the Communications department
including call counts, training and retention/hiring of personnel. She stated that the
department is implementing new, cutting-edge programs to current fire dispatching
and a new emergency notification system for the citizens of Frederick County.
3. Update on Sheriff's office proiects:
Sheriff Millholland asked the committee about the status of the Blue Line project.
Chairwoman Lockridge stated that since it was green lighted by the Board of
Supervisors in January, it needs to go to a public hearing for citizen comment before
it is fully executed. The Sheriff also mentioned his office is understaffed by 16
deputies and that the surrounding jurisdictions' hiring bonuses, starting salaries and
various incentives make hiring and retention difficult.
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County of Frederick, Virginia
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4. Update of Fire assessment RFP:
Mr. Bollhoefer has implemented the changes requested by the committee and will
be meeting with the Volunteer Fire& Rescue Companies for any additional change
items to the proposed RFP. He will then be sending it to the Public Safety
Committee for final review and then the RFP will go to the Board of Supervisors for
consideration.
Mr. Graber voted to move forward with the process and it was unanimously
consented to by the Public Safety Committee.
Respectfully submitted,
Public Safety Committee
Heather Lockridge Al Sibert
Kermit Gaither Shawn Graber
Josh Ludwig
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County of Frederick, Virginia
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Board of Supervisors Meeting Minutes of July 10, 2024 - Appendix 3
PUBLIC WORKS COMMITTEE REPORT
to the BOARD OF SUPERVISORS
Tuesday,June 25, 2024
8:00 a.m.
Public Works Conference Room
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: Heather Lockridge, Chair;Josh E. Ludwig; Atilla Gergely; Scott
Madigan; Shawn Graber
Committee Members Absent: None
Staff present:Joe C. Wilder, Director of Public Works; Ron Kimble, Landfill Manager; Andrew
Clark, Environmental Manager; Christina Tasker, Animal Shelter Manager; Holly Grim, Assistant
Animal Shelter Manager
(Attachment 1)Agenda Packet
ITEMS FOR INFORMATION ONLY
1-Animal Shelter Requests:
A. Upon discussion of attachment 1 in the agenda packet for carry forward requests,
committee member Graber made a motion to approve the requests. Committee
member Madigan seconded the motion, and the committee unanimously
approved the request.
B. Upon discussion of attachment 2 in the agenda packet for a supplemental
appropriation request for donated funds, committee member Graber made a
motion to approve the appropriation request. Supervisor Ludwig seconded the
motion, and the committee unanimously approved the request.
C. Upon discussion of attachment 3 in the agenda packet for a supplemental
appropriation request for court case restitution, committee member Graber made
a motion to approve the appropriation request. Supervisor Ludwig seconded the
motion, and the committee unanimously approved the request.
All budget requests will be forwarded to the Finance Committee for further consideration.
2-Landfill Requests/Updates:
A. The committee was updated on several projects that are actively occurring at the
landfill. Construction of the stormwater diversion began recently, which is part of
the phase 2 expansion of the Construction/Demolition Debris (CDD) Landfill Permit
591.The project involves the excavation of approximately 500,000 cubic yards of
Minute Book 50
Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
25
soil and rock for construction for a large stormwater channel, and a stormwater
management pond. All of the excavated soil/rock material will be used by the
landfill in the future. The soil/rock material is being stored in a large stockpile on
land that was recently purchased.The total cost for this phase of the project is
approximately$5 million. Completion of this phase of the project is expected to be
in December 2024.
B. Multiple carry forward requests were presented to the committee from the
FY2024 budget. The landfill is requesting$2,195,000, or the remaining balance in
the line items as stated in attachment 4 of the agenda packet. A motion was made
by committee member Graber to approve the requests. Committee member
Gergely seconded the motion, and the committee unanimously approved the
request. These requests will be forwarded to the Finance Committee for further
consideration.
C. The committee was updated on the status of reviewing tipping fees at the landfill.
SCS Engineers, one of our landfill consultants, is currently performing a Proforma
analysis of the regional landfill's financial position to help us forecast futures costs
and the establishment of tipping fees. The analysis will be used to guide the
landfill over the next 30 years or more to ensure appropriate funds are available as
we continue to meet the community's solid waste needs well into the future.The
regional landfill is an enterprise fund, so the revenue generated by the tipping fees
ensures that the landfill has cash reserves for all future projects and post closure
costs. All local tipping fees will be evaluated to ensure we have a competitive
tipping fee.
A Board of Supervisors work session has been scheduled prior to the board
meeting on Wednesday, August 14, 2024. Members of the Public Works
Committee and the Landfill Oversight Committee will be invited to attend the
work session. A comprehensive review of the landfill, our financial position,
discussion on the findings of the Proforma analysis, and a question-and-answer
session will be provided. The work session will provide up to date data to assist
the board and staff in determining future tipping fees and long-term planning.
3-Public Works Project Updates:
A. The committee was updated on county code Chapter 143-Stormwater/Erosion and
Sediment Control updates as required by changes in the Virginia regulations. A
draft ordinance will be presented at the September 24, 2024, committee meeting
for discussion.
B. The committee was updated on Renaissance Drive-Phase 2, a road project located
in the Kernstown area.The road project portion of the extension is coming along
well. However, we have encountered delays in working with CSX Transportation.
The road project involves constructing a new at-grade crossing of the CSX rail line
as well as removing an at-grade crossing at Springdale Road. We do not anticipate
completing the project until Spring of 2025.
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Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
26
Respectfully submitted,
Public Works Committee
Heather Lockridge
Josh E. Ludwig
Atilla Gergely
Scott Madigan
Shawn L. Graber
By: Joe C.Wilder
Public Works Director
JCW/kco
Attachments: as stated
cc: Michael Bollhoefer, County Administrator
Rod Williams, County Attorney
Ron Kimble, Landfill Manager
Christina Tasker, Animal Shelter Manager
file
Minute Book 50
Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
27
Board of Supervisors Meeting Minutes of July 10, 2024 - Appendix 4
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, June 3, 2024
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present:Judith McCann-Slaughter Chair(Voting),Will Weber
(Voting),Josh Ludwig (Voting), Robert Liero (Voting), Brandon Monk(Voting) and Lewis
Boyer(Liaison Stephens City)
Committee Members Absent: Donald Capps (Voting) and Tim Stowe
Staff Present:John Bishop,Assistant Director, and Kathy Smith
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
SmartScale Applications; Leveraged Funding and Support Resolution: Upon a motion by Josh
Ludwig, seconded by Robert Liero the Committee recommends supporting the draft resolution
and use of leveraged funding for the pending applications with one opposing. Staff gave a brief
overview of the draft applications to move forward from pre-application status to full submission
on August 1, 2024. Staff updated the Committee on the status of the various applications that are
pending via direct County applications and the ones that are through the WinFred MPO and
included was a draft resolution that the Committee reviewed. The SmartScale applications with
County leveraged fund is at 20%. The applications for Frederick County are Route 50 and Hayfield
Road R-cut intersection Route 50 and Back Mountain Road R-cut intersection, Route 50 at
Wardensville Grade, Stoney Hill and Dicks Hollow Upgrades, and Gateway Drive Extension and
Intersection with Valley Mill Road. The WinFred MPO applications are Exit 307/ Route 277
Improvements, Route 50 Diverging Diamond Interchange with access management and Route
50/17/522 partial median U-turn.
Golds Hill Road through Truck Restriction revisiting: Upon a motion by Will Weber, seconded by
Josh Ludwig, the Committee recommended that Staff proceed for a public hearing for a truck
restriction to the Board of Supervisors with one opposing. Staff gave a brief update on the
legislative requirements and traffic summary from previous years. This was considered by the
Committee in 2023, however the ongoing concerns by the neighbors and a significant change in
Committee membership seems to justify the Committee to revisit the request about restricting
through trucks on Gold Hill Road.
ITEMS FOR INFORMATION ONLY:
Interstate, Primary, and Secondary Road Plan Updates: Upon a motion by Josh Ludwig and
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County of Frederick, Virginia
28
seconded by Brandon Monk the Committee recommends that the Board approve the 2024-2025
Interstate, and Secondary Improvement Plan with revisions. Staff presented the draft Interstate
and Secondary plans and noted the updates from last year. Staff will modify the Secondary Plan
with the following revisions on Clark, Fishel, and Canterburg that were accidentally placed
wrongly. Also, corrected was the projects advertisement year was changed from 2025 to 2026
and South Timber Ridge Road cost estimate was reduced from $600,000 to $570,000 with an
additional note added at the bottom to clarify funding sources.Staff needs to make a few revisions
to the 2024-2025 Primary Improvement Plan, once completed it will be presented to the
Committee for review. These items will be before the Board under its own agenda item.
Route 50/Victory Road Crossover Closure Update: Staff and VDOT updated the Committee
regarding the eliminating of the crossover at Route 50/Victory Road. The initial meeting held
March 6th included VDOT's Staff from the Departments of Planning,Traffic Engineering, Residency
and Staunton District.Also,in attendance at that March 6th meeting was the CTB members,Sheriff
and Planning Staff. The safety concerns were discussed at that meeting. The school division was
contacted and concurred with the closure and are to immediately adjust the transportation
routes. Property and Business owners/representatives spoke to the Committee opposing the
decision of the closure. This item was before the Transportation Committee on March 25th and
concurred with the closure. A follow up meeting was held in April at which the above information
was reviewed, along with speed and accident data. Staff noted that when the VDOT Traffic
Engineering Department had reviewed the data in justifying in maintaining the full access at the
crossover when weighed against safety data concerns.VDOT representatives commented that the
crossover is within VDOT's right-of-way. The Committee asks those opposing eliminating the
crossover to reach out to see if a resolution or alternative could be reached.
Route 37 (Eastern Frederick Transportation) Study Project Update: Staff included the draft
update for information only at the time.
Exit 317 Diverging Diamond and Exit 317 Ramp Realignment Projects Update: Staff has received
several questions regarding the VDOT decision to merge the two Exit 317 upgrade projects. Ed
Carter, VDOT discussed the 1-81 Exit 317 sequence of projects in the vicinity of Exit 317 with the
signal communications upgrades that are underway and is 50% complete, northbound
acceleration and southbound lane extensions has been awarded with a completion date of
November 12th. The relocation of Redbud Road from Rt. 11 to Snowden Bridge Road is currently
under design and is scheduled for July 2025 advertising date. The northbound off ramp
realignment to Redbud Road and Exit 317 Diverging Diamond Interchange projects has a
December 2028 advertising date and widening of 1-81 currently has an advertising tentative date
for 2030.
County Project Updates: Renaissance Drive: The construction continues on the project with no
new specific items to report on.
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Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
29
Gainesboro Road/Route 522 Intersection Project:Staff are currently waiting for a determination
from VDOT's Innovative Intersection Committee on the signal justification report that was
previously submitted. Staff has escalated the continued delays to this approval process to our
CTB members and the Commissioner's office. Mark Merrill will follow up with the Deputy
Commissioner on the status.
Route 37 Eastern Frederick Transportation Study:An update was discussed earlier in the agenda.
Other: School Zone Speed Cameras: The Sheriff updated the Committee on the ongoing work
toward the installation of school zone speed cameras in areas of the County.A brief overview was
given to the Committee by the Sheriff with information gathered on Route 522. The Committee
recommended that this request be forwarded back to the Public Safety Committee for an updated
status from the workgroup for a detail of the progress.
Minute Book 50
Board of Supervisors Regular Meeting of July 10, 2024
County of Frederick, Virginia
30
Board of Supervisors Meeting Minutes of July 10, 2024 - Appendix 5
ABSTRACT of VOTES
Cast in FREDERICK COUNTY, VIRGINIA
at the 2024 June Republican Primary held on June 18, 2024 for,
Member, United States Senate
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED
(IN FIGURES)
Hung Cao- Republican 2191
Edward C. "Eddie" Garcia Jr. - Republican 199
Jonathan W. Emord - Republican 300
C. L. "Chuck" Smith, Jr. - Republican 228
Scott Thomas Parkinson - Republican 276
Total Number of Overvotes for Office 2
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on June 18, 2024, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for the Member, United States Senate.
Given under our hands this o� day of
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��w�•®� , Chairman
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r -11f,,w 'x- Vice Chairman
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„,.� 1 �7C r`,�` �z'�.v`° , Secretary
Minute Book 50
Board of Supervisors Regular Meeting of July 10,2024
County of Frederick, Virginia