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October 9 2024 Regular Meeting Minutes 102 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 9, 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; Scott Varner, Director of Information Technologies; Austin Cano, Assistant County Attorney; Lenny Millholland, Sheriff; Tonya Sibert, Commissioner of the Revenue; Clay Corbin, NRADC Superintendent; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION The Rev. Dr. Andy Brock of Reliance-Ridings Chapel Charge delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda. The motion was seconded by Supervisor Lockridge and carried on a voice vote. Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 103 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 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 -Approval of Work Session Minutes of September 25, 2024—CONSENT AGENDA APPROVAL _Approval of Regular Meeting Minutes of September 25, 2024 -CONSENT AGENDAAPPROVAL -Approval of Work Session Minutes of October 2, 2024 -CONSENT AGENDA APPROVAL -Acceptance of Human Resources Committee Report of September 13, 2024—CONSENT AGENDA APPROVAL,Appendix 1 -A Confirmation of Granting Voting Credentials on Behalf of Frederick County to Supervisor John Jewell for the 2024 Virginia Association of Counties Annual Business Meeting —CONSENT AGENDA APPROVAL Resolution for Changes in the Secondary System of State Highways: Flint Ridge Subdivision, Phases 3A and 4 -CONSENT AGENDA APPROVAL RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3, fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Minute Book 50 Board of Supervisors Regular Meeting of October 9,2024 County of Frederick, Virginia + + + + + + + + + + + + + + 104 BOARD OF SUPERVISORS COMMENTS Supervisor Jewell recognized National 4-H Week and announced the upcoming Worlds of Work offered to current eighth-grade students. Supervisor Lockridge offered confirmation from the Voter Registrar's office that the current practice is to use only clean unused thumb drives to upload poll book data to eliminate errors in the voting system. Chairman Ludwig discussed the matter of Frederick Water and the Inter County Service Area. He noted that a work group had been formed to review the matter. Supervisor Dunn said the Board had not discussed the matter of Frederick Water and the Inter County Service Area, and suggested the topic be covered at a future work session before the work group meets. Supervisor Wells agreed with the suggestion to discuss the matter at a work session. COUNTY OFFICIALS DRAFT 2025 LEGISLATIVE AGENDA—APPROVED Deputy County Administrator Jay Tibbs introduced the draft legislative agenda. Supervisor Liero and Mr. Tibbs discussed Priority Item 1 on the draft agenda: Education Funding/School Capital. Supervisor Jewell moved for approval of the draft legislative agenda as presented. Supervisor Dunn seconded the motion. Supervisor Liero moved to amend the main motion to include support for legislation introduced last session identified as Senate Bill 723. Supervisor Dunn seconded the motion to amend which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Chairman Ludwig moved to amend the main motion to remove Priority Item 1- Education Funding/School Capital from the legislative agenda and to move school choice from other positions to a priority. Supervisor Lockridge seconded the motion The Board discussed the motion and Priority number 5-Education Funding, school choice, and Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 105 voucher options. Chairman Ludwig clarified his motion to amend to include only moving School Choice from Other Position 5 to the Priority Position list. Supervisor Lockridge likewise confirmed her second to the motion to amend. The Board discussed the motion to amend which carried on recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Chairman Ludwig moved for the removal of Priority Item 1 from the Legislative Agenda. 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 The Board discussed the amended main motion as now including the draft legislative agenda as presented except: School Choice being moved to the Priority List; removal of Priority Item 1-Education Funding/School Capital entirely; and the addition of support for last session's Senate Bill 723 to the list of priorities. The amended main motion 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 + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS ROBERT WELLS REAPPOINTED TO NORTHWESTERN REGIONAL JAIL AUTHORITY - APPROVED Vice Chairman Slaughter moved for the reappointment of Robert Wells to the Northwestern Regional Jail Authority for a four-year term expiring October 31, 2028. Supervisor Dunn seconded the motion which Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 106 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 MICAH JACOBS REAPPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED Supervisor Jewell moved for the reappointment of Micah Jacobs to the Shawneeland Sanitary District Advisory Committee for a two-year term expiring November 9, 2026. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye J. STANLEY CROCKETT AND DIANE KEARNS REAPPOINTED TO THE ECONOMIC DEVELOPMENT AUTHORITY - APPROVED Vice Chairman Slaughter moved for the reappointment of J. Stanley Crockett and Diane Kearns to the Economic Development Authority each for a four-year term expiring November 10, 2028. Supervisor Wells seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS—HUMAN RESOURCES COMMITTEE THE SHERIFF REQUESTS CREATION OF A MASTER DEPUTY POSITION (RANGE 106 - $63,188 - $104,261)TO HELP RETAIN OUR EXPERIENCED DEPUTIES SINCE THE SHERIFF'S OFFICE HAS A LIMITED NUMBER OF SERGEANT AND INVESTIGATOR POSITIONS.—APPROVED On motion of Supervisor Jewell, seconded by Supervisor Wells, the Board approved the following: The Sheriff requests creation of a Master Deputy position (Range 106 - $63,188 - $104,261) to help retain Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 107 our experienced Deputies since the Sheriff's Office has a limited number of Sergeant and Investigator positions. 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) ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 75—APPROVED County Administrator Michael Bollhoefer explained the proposal to modify County Code 75-4, conditions for the declaration of a potential shortage of water; and applicable restrictions. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the Board adopted the ordinance to amend County Code 75-4. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE TO AMEND CHAPTER 75 Drought Response and Contingency Plan WHEREAS, a proposal was presented to amend Chapter 75—Drought Response and Contingency Plan; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on October 9,2024; 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 75 -Drought Response and Contingency Plan is adopted. Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 108 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT #05-24 FOR BURN BOOT CAMP (WISTERIA GARDEN OF WINCHESTER LLC) - APPROVED Planner Amy Feltner explained the request for a commercial fitness and sports center with group sessions lasting 45 minutes each inside an existing industrial building. The fitness center will occupy 10,000 square feet of an existing industrial building. Workout sessions are limited to 75 attendees/employees and are staged throughout the morning and evening hours. The applicant, Victoria Furphy, addressed the Board regarding her request. Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. On motion of Supervisor Dunn, seconded by Supervisor Lockridge, the Board approved Conditional Use Permit #05-24 for Burn Boot Camp (Wisteria Garden Of Winchester LLC) The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT 05-24 Burn Boot Camp(Wisteria Garden of Winchester,LLC) WHEREAS,CONDITIONAL USE PERMIT 05-24 was submitted by Wisteria Garden of Winchester and Tori Furphy for an indoor commercial recreation fitness center at 250 Independence Drive, Winchester, Virginia, identified with Property Identification Number(64-A-159M)in the Red Bud Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on September 18,2024, and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit on October 9,2024; and Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 109 WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit 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 in accordance with Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit 05-24 for an indoor commercial recreation fitness center on the parcel identified with Property Identification Number(64-A-159M) is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A Change of Use permit through building inspections shall be applied for and approved prior to the operation as an Indoor Recreational facility. 3. Childcare operations shall service the gym patrons and employees only. 4. Hours of operation are Monday-Friday 4:15 a.m.to 8 p.m.; Saturday 5:30 a.m.to 12 p.m. 5. A maximum of 75 attendees/employees at any given time. 6. A shared parking agreement is required to be submitted to the Zoning Administrator for review and approval prior to conducting the use. 7. Any expansion or change of use shall require a new Conditional Use Permit. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS REVENUE SHARING AGREEMENT AUTHORIZATION: WARRIOR DRIVE EXTENSION AND BRANDY LANE UPGRADE AND ROUTE 11 AT SHAWNEE DRIVE—APPROVED Assistant Planning Director John Bishop reviewed the request for staff authorization to proceed with executing the revenue-sharing agreements with VDOT for the Warrior Drive Extension with Brandy Lane Upgrade and the Route 11 improvements at Shawnee Drive. He said these projects have been awarded VDOT revenue-sharing funds but at less than the full 50% requested. He added that assuming the County enters into the agreements, these projects would be eligible for Tier 1 (first priority)consideration in the 2025 Revenue Sharing application window. The Board and staff discussed the revenue-sharing agreements, the risk of tax-payer dollars designated for use toward the projects, and the roles of growth and inflation in the need for additional County funds toward the projects. On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn,the Board authorized staff to execute the revenue-sharing agreements with VDOT for the Warrior Drive Extension with Brandy Lane Upgrade and the Route 11 improvements at Shawnee Drive. The motion carried on a recorded vote as follows: Minute Book 50 Board of Supervisors Regular Meeting of October 9,2024 County of Frederick, Virginia 110 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 + + + + + + + + + + + + + + REVIEW AND ENDORSEMENT OF THE CAPITAL IMPACTS STUDY AND UPDATED CAPITAL IMPACT MODEL—APPROVED Planning Director Wyatt Pearson provided background on the use of the Capital Impacts Model and introduced Julie Herlands of Tischler-Bise who provided an overview and specifics on the updates for 2024. She explained the increased proffer dollars expected if the updated model is approved. The Board, Ms. Herlands, and Mr. Pearson discuss the updated model. Vice Chairman Slaughter moved to accept the updated model and approve use of the updated Fiscal Year 2024 base year data in the Capl M. 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 + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided an update on activities at the last Planning Commission meeting. CITIZEN COMMENTS Maria Wetzel, Back Creek District, addressed the Board regarding the need to stop federal spending on weapons, specifically in Ukraine and Israel. Allen Shepherd, Red Bud District, addressed the Board regarding potential conflicts of interest involving county staff. Tammy Canfield, Stonewall District, addressed the Board regarding schooling alternatives and inappropriate content being allowed in public schools. Minute Book 50 Board of Supervisors Regular Meeting of October 9, 2024 County of Frederick, Virginia 111 James Moulder, Back Creek District, urged the Board to say no to the School Board's request for funding of new building projects. Tim Regan, Back Creek District, discussed the possibility that School Board meeting videos are being edited before they are posted for public use. Vaughan Whitacre, Gainesboro District, referenced water softener discharge causing problems and said that potassium can be used to offset salt-related problems with water softener discharge. BOARD OF SUPERVISORS COMMENTS Supervisor Lockridge referenced the citizen comment regarding school choice and noted that the Board had added the item to its legislative agenda earlier in the evening. Supervisor Dunn noted that elections are underway and encouraged voters to support policies rather than people. He encouraged the Chairman to control Board meetings and to ask the public to refrain from booing and clapping. Supervisor Lockridge congratulated the applicant for the conditional use permit for the Burn Boot Camp which was approved earlier in the meeting. Chairman Ludwig referenced conduct at limited public meetings adding that he cannot restrict language at the Board meetings. He referenced the allegation of edited school board meeting videos saying there is no reason to edit public records. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 9:20 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 October 9, 2024 County of Frederick, Virginia 112 Board of Supervisors Meeting Minutes of October 9, 2024 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday,September 13,2024 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held on the First Floor Conference Room at 107 North Kent Street on Friday,September 13,2024,at 9:00 a.m. ATTENDEES: Committee Members Present: John Jewell,Chairman;Josh Ludwig; Kevin Callanan; and Emily Kelley. Staff present: Mike Bollhoefer,County Administrator;Jay Tibbs, Deputy County Administrator; Michael Marciano, HR Director; DeLois Blevins, HR Manager; Rebecca Trezise, HR Generalist—Training& Development and Data Analytics; Lenny Millholland,Sheriff;Aleck Beeman,Captain—Sheriff's Office;and Delsie Jobe,Administrative Services Manager. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS Sheriff Lenny Millholland sought to create a Master Deputy position (Range 106-$63,188-$104,261)to help retain our experienced Deputies since the Sheriff's Office has a limited number of Sergeant and Investigator positions. The Master Deputy role will also afford those individuals a chance to remain a patrol Deputy if they are not interested in becoming a Sergeant or Investigator.The cost of advancing all eligible deputies to Master Deputy would cost up to$156,810 for this fiscal year—no additional funding will be necessary for FY 2025 due to position vacancy savings in the Sheriff's budget.(Note:In the Sheriff's presentation to the HR Committee, a 10%increase in pay was mentioned to be given to the deputy for each advancement outlined in the Career Development Plan. It was subsequently determined that the Career Development Plan provided at the meeting inadvertently did not list this fact.) The committee recommends approval,4 in favor&0 against. ITEMS FOR INFORMATION PURPOSES ONLY The HR Committee reviewed the"Turnover Ratio"charts for Frederick County and the Department of Social Services.The periods analyzed were January 2023 to December 2023 and January 2024 to June 2024.The HR Committee will continue to look at this data on a quarterly basis.Additionally,at the next meeting,the HR Committee will discuss if additional benchmarks should be presented to assess the County's performance and identify areas for improvement and innovation. Respectfully submitted, HUMAN RESOURCES COMMITTEE John Jewell,Chairman Josh Ludwig Kevin Callanan Emily Kelley By Michael J. Marciano, Director of Human Resources Minute Book 50 Board of Supervisors Regular Meeting of October 9,2024 County of Frederick, Virginia