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September 11 2024 Regular Meeting Minutes 57 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 11, 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; Karen Vacchio, Public Information Officer;Wyatt Pearson, Planning Director;John Bishop,Assistant Director of Planning; Amy Feltner, Planner I; Joe Wilder, Director of Public Works; Stacy Herbaugh, Director of Parks and Recreation; Tonya Sibert, Commissioner of the Revenue; Scott Varner, Director of Information Technologies; Sharon Kibler, Assistant Finance Director; Steve Majchrzak, Fire Chief; Rich Venskoske, Director of Elections/General Registrar;Austin Cano,Assistant County Attorney; 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. and offered a remembrance on the anniversary of the September 11 terror attacks. INVOCATION Pastor John Van Drunan of Fellowship 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 Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 58 Supervisor Lockridge and carried on a voice vote. CITIZEN COMMENTS - None 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 Joint BOS-PC Work Session & Regular Meeting of August 14, 2024— CONSENT AGENDA APPROVAL -Acceptance of the Parks & Recreation Commission Report of August 13, 2024—CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Finance Committee Report of August 21, 2024—CONSENT AGENDA APPROVAL,Appendix 2 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: Brightview LLC -$11,879.82; and DIRECTVLLC - $43,892.86-CONSENT AGENDA APPROVAL -Confirmation of the Consensus of the Board and Planning Commission on August 14, 2024 Regarding Comprehensive Plan Amendments—CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn echoed the Chairman's remembrance of the September 11 terror attacks. COUNTY OFFICIALS DROUGHT ORDINANCE UPDATE County Administrator Michael Bollhoefer explained the proposal to modify County Code 75-4, conditions for the declaration of potential shortage of water; and applicable restrictions. He said the Code as currently written prohibits obtaining water from fire hydrants for construction purposes during a drought Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 59 warning and a drought emergency and the proposed change would allow this use of water if Frederick Water is purchasing water from the City of Winchester with the user paying a cost that mirrors the cost that Frederick water pays the City of Winchester. He said the Code currently prohibits the watering of vegetable gardens during a drought emergency, and the proposed change would allow this use during an emergency. He said the Code currently prohibits bulk water sales (haulers) from purchasing water during a declared drought emergency, and the proposed change would allow bulk water sales (haulers) to purchase water from Frederick Water during a declared drought emergency if Frederick Water is purchasing water from the City of Winchester with the user purchasing the water at a cost that mirrors the cost that Frederick Water pays the City of Winchester. Vice Chairman Slaughter moved to send the proposed ordinance update forward to public hearing. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye DIRECTING THE PROPOSED DROUGHT ORDINANCE UPDATE BE SENT FORWARD TO PUBLIC HEARING Chapter 75 Drought Response and Contingency Plan WHEREAS, a proposal to amend Chapter 75 - Drought Response and Contingency Plan to modify various ordinance sections for clarification and updating as requested by the Board has been prepared by staff;and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on September 11,2024;and WHEREAS, the Frederick County Board of Supervisors finds that it is in the public necessity, convenience, and general welfare,to hold a public hearing regarding amendments to Chapter 75 -Drought Response and Contingency Plan;and NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors,that a public hearing be scheduled to consider changes to address Chapter 75 -Drought Response and Contingency Plan. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS MIKE STOTTLEMYER APPOINTED TO PARKS & RECREATION COMMISSION AS SHAWNEE DISTRICT REP. - APPROVED Supervisor Liero moved for the appointment of Mike Stottlemyer to the Parks & Recreation Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 60 Commission as Shawnee District Rep. for a four-year term expiring September 30, 2028. 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 No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye MOLLIE BRANNON APPOINTED TO PARKS & RECREATION COMMISSION AS AT-LARGE REP. - APPROVED Chairman Ludwig moved for the appointment of Mollie Brannon to the Parks & Recreation Commission as At-large Rep. for a four-year term expiring September 14, 2028. Supervisor Lockridge seconded the motion which 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 JAY E. TIBBS, ERIC LAWRENCE, AND WYATT PEARSON (ALTERNATE) REAPPOINTED TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Vice Chairman Slaughter moved for the reappointment of Jay E. Tibbs, Eric Lawrence, and Wyatt Pearson (Alternate) to the Northern Shenandoah Valley Regional Commission each for a three-year term expiring September 30, 2027. 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 AMANDA WHITSON APPOINTED TO THE NORTHWESTERN COMMUNITY SERVICES BOARD - APPROVED Vice Chairman Slaughter moved for the appointment of Amanda Whitson to the Northwestern Community Services Board for a three-year term beginning January 12, 2025. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 61 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 IT DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$86,600. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The IT Director requests a General Fund supplemental appropriation not to exceed $86,600. 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 IT DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $7,511. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The IT Director requests a General Fund supplemental appropriation in the amount of$7,511. 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 DEPUTY COUNTY ADMINISTRATOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$18,445. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, the Board approved the following: The Deputy County Administrator requests a General Fund supplemental appropriation not to exceed $18,445. 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 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 62 Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye THE PARKS AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED $1,144,387.49. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, the Board approved the following: The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $1,144,387.49. 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 AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED $367,218.22. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, the Board approved the following: The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $367,218.22. 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 AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED $60,179. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, the Board approved the following: The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $60,179. 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 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 63 THE PARKS AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED $62,257.12. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $62,257.12. 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 PLANNING DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$38,590. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, the Board approved the following: The Planning Director requests a General Fund supplemental appropriation not to exceed $38,590.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 WORKS DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED $6,721.67. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Public Works Director requests a General Fund supplemental appropriation not to exceed $6,721.67. 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 WORKS DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$24,000. —APPROVED Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 64 On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Public Works Director requests a General Fund supplemental appropriation not to exceed $24,000. 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 PUBLIC WORKS DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $20,000. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Public Works Director requests a General Fund supplemental appropriation in the amount of $20,000. 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 PUBLIC WORKS DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,911.98. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Public Works Director requests a General Fund supplemental appropriation in the amount of $2,911.98. 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 WORKS DIRECTOR REQUESTS A LANDFILL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$1,612,876. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Jewell, the Board approved the following: The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 65 $1,612,876. 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 NOT TO EXCEED $110,483.67. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation not to exceed $110,483.67. 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 NOT TO EXCEED $25,472.69. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation not to exceed $25,472.69. 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 $28,892.69.—APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$28,892.69. 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 Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 66 Judith McCann-Slaughter Aye THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $750.—APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following:The Sheriff requests a General Fund supplemental appropriation in the amount of$750. 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 $5,000. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $5,000. 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 SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $4,154.16. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$4,154.16. 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 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 67 THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,500. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $2,500.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 FIRE & RESCUE CHIEF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$35,000. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Fire & Rescue Chief requests a General Fund supplemental appropriation not to exceed $35,000. 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 FIRE & RESCUE CHIEF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION NOT TO EXCEED$35,000. —APPROVED On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board approved the following: The Fire & Rescue Chief requests a General Fund supplemental appropriation not to exceed $35,000. 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 DIRECTOR OF ELECTIONS REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $25,000. —APPROVED Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 68 On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge and following a brief discussion with the Registrar, the Board approved the following: The Director of Elections requests a General Fund supplemental appropriation in the amount of$25,000. 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 PUBLIC HEARINGS (Non Planning Issues)- None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS DRAFT UPDATE OF THE 2024 -2025 FREDERICK COUNTY PRIMARY ROAD IMPROVEMENT PLAN - APPROVED Assistant Planning Director John Bishop explained the update of the 2024 — 2025 Primary Road Improvement Plan and reviewed the significant modifications to Route 37 and Route 50 priorities reflective of recent studies on those facilities. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter moved for adoption of the update of the 2024 — 2025 Primary Road Improvement Plan. Supervisor 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 RESOLUTION 2024-2025 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on June 24,2024; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on September 4,2024; 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 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 69 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, the Frederick County Board of Supervisors supports the priorities of the Primary Road Improvement Plan 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 as follows: The 2024-2025 Primary Road Improvement Plan appears to be 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 September 11,2024. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS ORDINANCE AMENDMENT -SPECIAL EVENTS—SENT FORWARD TO PUBLIC HEARING Planner Amy Feltner explained the proposed amendment to the special events facilities to modify the requirement that parking areas and travel aisles be graveled for special event facilities in the RA (Rural Area) zoning district. She said special event facilities are permitted in the RA(Rural Area)with an approved Conditional Use Permit (CUP), and the intent for this modification is to permit the dual use of pasture and meadows for parking for the events without requiring an undue burden on the property owner to gravel surfaces that are infrequently used for parking. She added that all other approved businesses or business activities operated on the property that are not directly associated with special event use shall meet the requirements for off-street parking and parking lots. The Board and staff discussed the proposed amendment. Supervisor Dunn moved to adopt the resolution requesting that the ordinance amendment be sent forward to a public hearing. Supervisor 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 DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ORDINANCE CHAPTER 165 Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 70 ARTICLE 204.30 Special Events Facilities WHEREAS,a proposal to amend Chapter 165-204.30 to specify appropriate surface materials for parking areas at special event facilities was considered; and WHEREAS, the amendment will be referred to the Development Review and Regulations Committee (DRRC) for review at their next regular meeting; and WHEREAS,the Board of Supervisors discussed the proposed changes on September 11,2024; and WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, general welfare, and good zoning practice to direct the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission hold a public hearing to consider changes to address Chapter 165-204.30 to specify appropriate surface materials for parking areas at special event facilities. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided an update on recent Planning Commission activities. Chairman Ludwig provided an update on a recent application for a tower near Stephens City. CITIZEN COMMENTS Vaughn Whitacre, Gainesboro District, discussed a warning, given seven decades ago from the Army Corps of Engineers regarding water in the Potomac Highland Watershed, which stated the need for large water reservoirs. Tim Regan, Back Creek District, said the County should form a Committee to hold a remembrance for the September 11 terror attacks. Leslie Spencer, Gainesboro District, suggested the Board look at nature and farming activities being incorporated into the plans for the fourth high school. BOARD OF SUPERVISORS COMMENTS Supervisor Lockridge thanked the previous speaker. Minute Book 50 Board of Supervisors Regular Meeting of September 11,2024 County of Frederick, Virginia 71 CLOSED SESSION At 8:25 p.m., Vice Chairman Slaughter moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Section 2.2-3711(A)(3), for discussion and consideration of the acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body;and pursuant to Virginia Code Section 2.2-3711(A)(7) and (8), for consultation with legal counsel and/or briefings by staff members pertaining to actual and probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body and where such matters require the provision of legal advice by such counsel, specifically regarding the matter of The Estate of Ian Strickler, pending before the Virginia Workers' Compensation Commission. Supervisor Lockridge seconded the motion which carried on a voice vote. At 9:08 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Slaughter, seconded by Supervisor Wells, and carrying on a voice vote. Vice Chairman Slaughter moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Wells seconded the motion which carried as follows on a 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 Vice Chairman Slaughter moved that the Board authorize staff to proceed with the purchase of real property as discussed in the Closed Session. Supervisor Lockridge seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 72 Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Vice Chairman Slaughter moved that the Board authorize staff to proceed as discussed in the Closed Session regarding the matter of the Estate of Ian Strickler. Supervisor Lockridge seconded the motion which carried as follows on a 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 ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Wells, the meeting was adjourned at 9:10 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 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 73 Board of Supervisors Meeting Minutes of September 11, 2024 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday,August 13, 2024 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on Tuesday, August 13, 2024. Members present were Gary Longerbeam, Randy Carter, Dennis Grubbs,Jennifer Myers, Vaughn Whitacre, and non-voting Board liaison, Mr. Robert Liero. Members absent: Guss Morrison, Zac Franz, Ron Madagan ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission accepted an updated Sign Policy(500.21)to allow for the color of replacement park signs to be determined by the staff. Cc: Dennis Grubbs, Chairman Robert Liero, Liaison, Frederick County Board of Supervisors Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 74 Board of Supervisors Meeting Minutes of September 11, 2024 - Appendix 2 REPORT & RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, AUGUST 21, 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; Heather Lockridge; Mike Stottlemyer; Delane Karalow; and Brandon Monk. Non-voting liaison Tonya Sibert, Commissioner of the Revenue. Committee Members Absent: Non-voting liaison William Orndoff, Treasurer. Staff Present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Michael Bollhoefer, County Administrator; Lenny Millholland, Sheriff; Stacy Herbaugh, Parks & Recreation Director; Joe Wilder, Public Works Director; Rich Venskoske, Director of Elections; Keith Jenkins, F&R Deputy Chief; Patrick Fly, Deputy IT Director; Wyatt Pearson, Planning Director; Jay Tibbs, Deputy County Administrator; Christina Tasker, Animal Shelter Manager; and Ron Kimble, Landfill Manager. Others Present: Abby Johnson, VA PACE Authority (virtual). A. Action Items A.1. The IT Director requests a General Fund supplemental appropriation not to exceed $86,600. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds to complete the Commissioner of the Revenue CAMA software migration project that began in April 2023. No additional local funds required. The committee recommends approval. IT CAMA CF.pdf A.2. The IT Director requests a General Fund supplemental appropriation in the amount of$7,511. Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia This amount represents reserved restricted PEG funds for additional 75 equipment replacement and software upgrade in the BOS meeting room control room. No local funds are required. The committee recommends approval. IT PEG BOS Rm.pdf A.3. The Deputy County Administrator requests a General Fund supplemental appropriation not to exceed $18,445. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for painting at Millwood Fire Station. The project was budgeted in FY 2024, but due to supply delays was not completed. No additional local funds required. The committee recommends approval. Maint Millwood Painting CF.pdf A.4. The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $1,144,387.49. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for Abrams Creek and Old Charlestown Road Park projects. Both projects began in prior fiscal years and are ongoing. No additional local funds required. The committee recommends approval. Parks AbCrk OldCtown CF.pdf A.S. The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $367,218.22. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for the Clearbrook Park spray ground. Funds were appropriated in April 2024. No additional local funds required. The committee recommends approval. Parks CB Spray Ground CF.pdf A.6. The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $60,179. This amount represents a carry forward to FY 2025 of unspent FY 2024 proffer funds for Rose Hill Park exercise equipment. Funds were appropriated in April 2024. No additional local funds required. Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia The committee recommends approval. 76 Parks RH Equip CF.pdf A.7. The Parks and Recreation Director requests a General Fund supplemental appropriation not to exceed $62,257.12. This amount represents a carry forward to FY 2025 of unspent FY 2024 proffer funds for the Sherando Park pickleball project. The project began in FY 2024 and is in process. No additional local funds required. The committee recommends approval. Parks Sherando Pickleball CF.pdf A.8. The Planning Director requests a General Fund supplemental appropriation not to exceed $38,590. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for the Capital Impact Model update and the Road Impact Fee analysis. The project began in February 2024 and is ongoing. No additional local funds required. The committee recommends approval. Planning TischlerBise CF.pdf A.9. The Public Works Director requests a General Fund supplemental appropriation not to exceed $6,721.67. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for spay/neuter from the Fleming Trust. This item has been unanimously endorsed by the Public Works Committee. No additional local funds required. The committee recommends approval. PublicWks Shelter CF.pdf A.10. The Public Works Director requests a General Fund supplemental appropriation not to exceed $24,000. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for HVAC duct cleaning prior to the HVAC replacement. This item has been unanimously endorsed by the Public Works Committee. No additional local funds required. The committee recommends approval. PublicWks Shelter CF.pdf Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia A.11. The Public Works Director requests a General Fund supplemental 77 appropriation in the amount of$20,000. This amount represents reserved funds from the Fleming Trust for spay/neuter. This item has been unanimously endorsed by the Public Works Committee. No local funds required. The committee recommends approval. PublicWks FlemmingTrust.pdf A.12. The Public Works Director requests a General Fund supplemental appropriation in the amount of$2,911.98. This amount represents a unbudgeted restitution revenue received. This item has been unanimously endorsed by the Public Works Committee. No local funds required. The committee recommends approval. PublicWks Restitution.pdf A.13. The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed $1,612,876. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for various ongoing projects at the Landfill. This item has been unanimously endorsed by the Public Works Committee. No additional local funds required. The committee recommends approval. PublicWks Landfill CF.pdf A.14. The Sheriff requests a General Fund supplemental appropriation not to exceed $110,483.67. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for a building at the impound lot. Funds have accumulated over several fiscal years. No additional local funds required. The committee recommends approval. Sheriff CFs.pdf A.15. The Sheriff requests a General Fund supplemental appropriation not to exceed $25,472.69.This amount represents a carry forward to FY 2025 of unspent FY 2024 funds for vehicle equipment needed due accidents that required new vehicles. No additional local funds required. Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia 78 The committee recommends approval. Sheriff CFs.pdf A.16. The Sheriff requests a General Fund supplemental appropriation in the amount of$28,892.69. This amount represents unbudgeted revenue received from the sale of salvage and surplus. Funds will go towards the purchase of a new vehicle. No local funds required. The committee recommends approval. Sheriff CFs.pdf A.17. The Sheriff requests a General Fund supplemental appropriation in the amount of$750. This amount represents a donation received and will be used toward Dive Team supplies. No local funds required. The committee recommends approval. Sheriff Donation Dive Team.pdf A.18. The Sheriff requests a General Fund supplemental appropriation in the amount of$5,000. This amount represents a donation received and will be used toward the building at the impound lot. No local funds required. The committee recommends approval. Sheriff Donation Bldg.pdf A.19. The Sheriff requests a General Fund supplemental appropriation in the amount of$4,154.16. This amount represents an insurance claim for a damaged vehicle to be used for repairs. No local funds required. The committee recommends approval. Sheriff Insurance Claim.pdf A.20. The Sheriff requests a General Fund supplemental appropriation in the amount of $2,500.This amount represents a grant awarded from the Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia General to be used for expenses related to reducing crimes against seniors. 79 No local funds required. The committee recommends approval. Sheriff TRIAD Grant.pdf A.21. The Fire & Rescue Chief requests a General Fund supplemental appropriation not to exceed $35,000. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds to complete repairs to the reserve apparatus that are currently in process and will be completed in August 2024. No additional local funds required. The committee recommends approval. Fire Repair CF.pdf A.22. The Fire & Rescue Chief requests a General Fund supplemental appropriation not to exceed $35,000. This amount represents a carry forward to FY 2025 of unspent FY 2024 funds to complete the purchase of 2 wildland fire skid units that are currently in the solicitation process. No additional local funds required. The committee recommends approval. Fire Skid Units CF.pdf A.23. The Director of Elections requests a General Fund supplemental appropriation in the amount of$25,000. This amount represents additional unbudgeted postage expenses for mailing absentee ballots of the November general and special election. Local funds are required. The committee recommends approval. Registrar Postage SA.pdf B. Items Not Requiring Action B.1. The County Administrator provides information and Abby Johnson from the Virginia PACE Authority will make a virtual presentation on the C-PACE program. The committee requested that the County Administrator schedule the PACE requestor to be present at a future meeting and provide the presentation slides, which have been attached. Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia CPACE_2024.pdf 80 VA C-PACE Program_localities_2024.pdf C. Items For Information Only C.1. The Finance Director provides a General Fund transfer report for July 2024. July 2024 TXFs.pdf Minute Book 50 Board of Supervisors Regular Meeting of September It, 2024 County of Frederick, Virginia