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March 12 2025 Regular Meeting Minutes 262 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 12, 2025 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; Austin Cano, Interim County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Tonya Sibert, Commissioner of the Revenue; Patrick Fly, Deputy Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Pastor Samuel Rogers of Hope Valley House Churches 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. Supervisor Lockridge seconded the motion which carried on a voice vote. CITIZEN COMMENTS Bryan Nuri, Opequon District, noted the applicants for the vacant seat on the Economic Development Authority. He questioned the current Board committee assignments saying that some members have many assignments while others have few assignments. He said one of the applicants for the EDA seat has already Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 263 been appointed by the Chairman to serve on three committees and is running for the Stonewall District seat on the Board of Supervisors. He said that several of the Chairman's appointees donated to the Chairman's election campaign. Jay Marts, Gainesboro District, spoke in favor of Joseph Brand being appointed to being appointed to the Economic Development Authority. 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 the Work Session & Regular Meeting Minutes of February 26, 2025—CONSENT AGENDA APPROVAL -Acceptance of Transportation Committee Report of February 24, 2025 -CONSENT AGENDA APPROVAL, Appendix 1 -Confirmation of Closure of County Offices for Annual Apple Blossom Festival -CONSENT AGENDA APPROVAL - Resolution Proclaiming National Public Safety Telecommunicators Week April 13-19, 2025- CONSENT AGENDA APPROVAL RESOLUTION PROCLAIMING NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK FREDERICK COUNTY,VIRGINIA APRIL 13-19,2025 WHEREAS,emergencies can occur at any time that require police,fire,or emergency medical services; and WHEREAS,when an emergency occurs,the prompt response of police officers,firefighters,and paramedics is critical to the protection of life and preservation of property; and WHEREAS,the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio,providing them information,and ensuring their safety;and WHEREAS,Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals,suppression of fires,and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of his or her job in the past year. Minute Book 50 Board of Su pervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 264 NOW,THEREFORE BE IT RESOLVED that the Board of Supervisors of Frederick County,Virginia,does hereby proclaim the week of April 13-19,2025,to be National Public Safety Telecoimnunicators Week in Frederick County,in honor of the men and women whose diligence and professionalism keep our county and citizens safe. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn commented on recent protests at Congressman Ben Cline's office saying that the Congressman has held several town hall meetings across the district. He commented on the current discussion of the real estate tax rate explaining that following a reassessment, a tax rate is advertised for a public hearing but is not necessarily the tax rate that the Board will finally adopt. Supervisor Lockridge noted that Charlie Triplett's term as Gainesboro representative on the Planning Commission has ended and thanked Mr. Triplett for his service. Chairman Ludwig also thanked Mr. Triplett for his service. He said that there is an incorrect narrative about the Board's committee assignments and that Board members serve on a variety of committees other than the ones appointed by the Chairman. + + + + + + + + + + + + + + COUNTY OFFICIALS LAKE HOLIDAY FUND - FINAL DISBURSEMENT FOR EXCESS FUNDS — REFUND AND SUPPLEMENTAL APPROPRIATION APPROVED Supervisor Lockridge noted that the bond for the Lake Holiday Dam replacement costs has been satisfied and the remaining cash funds total approximately$195,960. She moved to approve a Lake Holiday Fund supplemental appropriation and directed staff to refund any excess funds to those eligible taxpayers who had paid the fees. Those eligible will receive a credit on their June 2025 real estate account. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 265 + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS TINA MURPHY APPOINTED TO ECONOMIC DEVELOPMENT AUTHORITY -APPROVED Vice Chairman Slaughter moved to appoint Tina Murphy to the Economic Development Authority to complete an unexpired 4-year term ending 10-26-26. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS—TRANSPORTATION COMMITTEE VARIOUS PROJECTS AUTHORIZED Chairman Ludwig moved to authorize Staff to proceed with the following project items as summarized at the Transportation Committee meeting on February 24, 2025: -Brucetown/Hopewell Road Alignment partial design and cost development;-Route 11 South widening value engineering analysis;-Route 37 New Road on the new location analysis (previously referred to as PH 2 of the Eastern Frederick County Transportation Study); and -Regional Modeling for Comprehensive Plan Update. 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 Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 266 PUBLIC HEARINGS (NON PLANNING ISSUES) NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE County Administrator Michael Bollhoefer referenced the recent reassessment noting that the current real estate tax rate is 0.51 cents per $100 of assessed value. He said with the increase in property values, the revenue neutral rate would be 0.42 cents. He said the Board had decided to advertise a proposed real estate tax rate of 0.48 cents per$100 of assessed value to receive input from the County's citizens. Chairman Ludwig opened the public comment period. The speakers were as follows: Jodi Yeggy, Red Bud District, said she would prefer that the Board keep the current higher tax rate of 0.51 cents per$100 of assessed value to help pay for needed services and projects such as new schools. Sonia Marfatia-Goode, Back Creek District, asked if the Board had a plan to address growth and spoke in favor of the Board keeping the current higher tax rate of 0.51 cents per$100 of assessed value. Jay Marts, Gainesboro District, said he preferred the lowest tax rate possible and asked the Board to find other revenue sources besides real property tax. Joseph Brand, Stonewall District, said many residents have not had pay increases, so paying a higher real estate tax is difficult. He said the County needs other revenue sources besides property tax. Chairman Ludwig closed the public comment period. Referencing the earlier speakers, he stated that since the Board had advertised the real estate tax rate of 0.48 cents per$100 of assessed value, a higher rate could not be adopted without re-advertising and holding a new public hearing. PLANNING COMMISSION BUSINESS —PUBLIC HEARINGS REZONING #11-24 OF ROUTE 7 SELF STORAGE (EDWARD P. BROWNING IV)—ACTION POSTPONED AND PUBLIC HEARING CONTINUED TO MARCH 26, 2025 Planner Kayla Peloquin reviewed the request to rezone one (1) parcel of approximately 2.38 acres from the B1 (Neighborhood Business) Zoning District to the B2 (General Business) Zoning District with proffers to allow for a self-storage facility. She said the Planning Commission recommended approval of the request. Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 267 Supervisor Dunn and Ms. Peloquin reviewed the uses considered by-right currently in the B1 Zoning District such as medical office buildings, real estate offices, retail stores, day-care centers, and laundry facilities. Chairman Ludwig noted road safety concerns along Route 7 where the site is located. Chairman Ludwig opened the public comment period. The speakers were as follows: Stephen Carter, Red Bud District, said he and some 50 neighbors oppose the rezoning adding that development on the site should conform to the surrounding residential use. Leslie Spencer, Gainesboro District, spoke in opposition to the rezoning. Chairman Ludwig closed the public comment period. Supervisor Dunn moved to postpone action on REZONING #11-24 OF ROUTE 7 SELF STORAGE (EDWARD P. BROWNING IV) until March 26, 2025. 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 Supervisor Dunn moved to continue the public hearing for REZONING #11-24 OF ROUTE 7 SELF STORAGE (EDWARD P. BROWNING IV) until March 26, 2025, to allow more time for citizen input. 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 + + + + + + + + + + + + + + REZONING #01 -25 OF NEFF PROPERTY COMMERCIAL (E R NEFF EXCAVATING INC.) - APPROVED Senior Planner Tyler Klein reviewed the request to rezone approximately 6.6-acres of an approximately 9.83-acre parcel from RA (Rural Areas) Zoning District to B2 (General Business) Zoning District with proffers to enable commercial development. He said the Planning Commission recommended approval of the request. Vice Chairman Slaughter and Mr. Klein discussed the timeline for the completion of the proposed road on the site. Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 268 Chairman Ludwig opened the public comment period. No one wished to address the Board. Chairman Ludwig closed the public comment period. Supervisor Wells moved for approval of REZONING #01 -25 OF NEFF PROPERTY COMMERCIAL (E R NEFF EXCAVATING INC.) 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 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#01-25 FOR NEFF PROPERY COMMERCIAL (E R NEFF EXCAVATING INC.) WHEREAS,REZONING#01-25 for Neff Property Commercial(E R Neff Excavating Inc.) submitted to rezone 6.6+/- acres of a 9.83+/-acre parcel from RA (Rural Areas) Zoning District to B2 (General Business) Zoning District with proffers to enable commercial development. The property is generally located south of Route 277 (Fairfax Pike) and immediately east of Double Church Road,Stephens City and is identified by Property Identification Number 86-A-77 in the Opequon Magisterial District;and WHEREAS,the Frederick County Planning Commission held a public hearing on this rezoning on February 19,2025, and recommended approval;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on March 12,2025; 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 #01-25 for Neff Property Commercial(E R Neff Excavating Inc.)submitted to rezone 6.6+/-acres of a 9.83+/-acre parcel from RA(Rural Areas)Zoning District to B2 (General Business)Zoning District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 269 ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING— ADDITIONS AND REVISIONS TO DEFINE AND REGULATE DATA CENTERS -ACTION POSTPONED TO MARCH 26, 2025 AND NEW PUBLIC HEARING SET FOR APRIL 9, 2025 Senior Planner Tyler Klein reviewed the proposal to amend Chapter 165 - Zoning Ordinance to add a definition (§165-101.02) for data centers and include additional regulations for specific uses (§165-204). He said as proposed, data centers are defined as: "a premises in which the majority of the use is occupied by computers and/or telecommunications and related equipment for processing, storing, or transferring information...infrastructure such as utility substations, power generators, and other supporting equipment may also be included." He said that additional regulations for specific uses have been included to regulate the intensity of the use and to the extent possible mitigate impacts, particularly noise, on adjoining properties. Mr. Klein concluded saying that this ordinance amendment was initiated by staff at the request of the Board of Supervisors. He added that the Planning Commission recommended the adoption of the amendment. Mr. Klein noted that legislation pending on the Governor's desk may affect the ordinance amendment as presented. He recommended that the Board postpone action on the ordinance amendment until March 26, 2025. The Board, Mr. Klein,and Planning Director Pearson discussed the hours of operation for generators, allowed decibel levels, requiring a conditional use permit to give the Board more control over where data centers could be located, setback limits, and the changes in technology that have improved some of the negative features of data centers. Chairman Ludwig opened the public comment period. The speakers were as follows: Linda Reed, Shawnee District, thanked the staff for the work on the draft ordinance and noted concerns about noise and water usage. She said data centers would be bad for the community. Nicole Russell, Red Bud District, spoke in opposition to allowing data centers in the County citing noise and light pollution. Leslie Spencer, Gainesboro District, spoke in opposition to allowing data centers in the County saying she wants to save farmland and protect the land. Joseph Brand, Stonewall District, said conditional use permits should be required for data centers, and they should be place in existing industrial areas with large setbacks. He said water usage should be studied. Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 270 Kim Johnston, Back Creek District, spoke in opposition to allowing data centers in the County citing the drought, possibility of fires, and mental health concerns. She requested environmental studies be conducted and that trees and landscaping be required on any data center site. Chairman Ludwig closed the public comment period. Following a discussion about incorporating some of the requested changes to the proposed ordinance, Supervisor Jewell moved to postpone action until March 26, 2025, and to direct staff to draft a new version of the proposed ordinance to be advertised for a public hearing on April 9, 2025. Supervisor Dunn seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Jewell provided an update from the Extension Leadership Council. Supervisor Dunn provided an update from the Social Services Board. CITIZEN COMMENTS Leslie Spencer, Gainsboro District, thanked the Board for serving. She said she has ideas about land trusts to share with local non-profits. She said she had met with the Superintendent about incorporating nature into the fourth high school plans. Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 271 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn suggested that the Chairman announce whether he will limit budget public hearing speakers to either two or three minutes on March 26. Chairman Ludwig said he has not yet decided whether he will use two or three minutes as the speaking time on March 26 because the number of speakers will determine if the speaking time needs to change. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Dunn, the meeting was adjourned at 8:53 p.m. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia 272 Board of Supervisors Meeting Minutes of March 12, 2025 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, February 24, 2025 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Josh Ludwig Chair (Voting), Heather Lockridge (Voting), Brandon Monk(Voting) and Robert Liero (Voting) Committee Members Absent: Donald Capps (Voting) and Mollie Brannon (Voting) Staff Present: John Bishop, Assistant Director and Kathy Smith ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Work Program Items Review: Staff gave an overview of the work program items proposed for development with the County's on-call consulting services that includes project scopes, purpose needs, initial expected costs and funding programs targeted by the work. The projects discussed are for the application development and assistance for the upcoming round of VDOT resources including Revenue Sharing, Safety, and the Transportation Alternatives Program.The projects are the Brucetown/Hopewell Road Alignment partial design and cost development, Route 11 South widening value engineering analysis, Route 37 New Road on the new location analysis (previously referred to as PH 2 of the Eastern Frederick County Transportation Study) and the Regional Modeling for Comprehensive Plan Update. Upon a motion made by Heather Lockridge, seconded by Brandon Monk, the Committee unanimously recommended that the Board of Supervisors authorize Staff to proceed with the project items as summarized. ITEMS FOR INFORMATION ONLY: County Project Updates: Renaissance Drive: After CSX had communicated to the County that boring the electricity to the crossing would begin in February, Staff were once again notified of a new delay, and expectations were pushed back to March. Staff continues to be in communication with the CSX project manager on this issue as well as Congressman Cline's office. Gainesboro Road/Route 522 Intersection Project:The Board of Supervisors moved to allow staff to proceed with our on-call consultant to begin formal design of the project. Staff will be forwarding a memorandum seeking a quote from Timmons. The Chairman recommended for more leverage to request quotes from a few other consultants as well. As previously noted, we would seek to begin this process with public meetings with the neighbors and school community. Minute Book 50 Board of Supervisors Regular Meeting of March 12,2025 County of Frederick,Virginia