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March 26 2025 Regular Meeting Minutes 275 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MARCH 26, 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; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Missi Neal, Purchasing Manager; Bill Orndoff, Treasurer; Jennifer Place, Risk Manager/Budget Analyst; 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 Pastor Dennis Smith of Valley 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. Supervisor Lockridge seconded the motion. Supervisor Dunn moved to amend the motion to place the budget public hearing after the two Planning Commission public hearings. Supervisor Lockridge 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 Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 276 Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye The amended main motion to adopt the agenda 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 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 the Work Session & Regular Meeting Minutes of March 12, 2025—CONSENT AGENDA APPROVAL -Approval of the Work Session Minutes of March 19, 2025—CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of March 11, 2025 - CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Human Resources Committee Report of March 14, 2025 - CONSENT AGENDA APPROVAL,Appendix 2 -Acceptance of Finance Committee Report of March 19, 2025 - CONSENT AGENDA APPROVAL,Appendix 3 -Approval of Human Resources Policy Update as Approved by the Human Resources Committee on March 14, 2025:- CONSENT AGENDA APPROVAL -Approval of Finance Committee Business Items as Follows: The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$7,713 - CONSENT AGENDA APPROVAL The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of$1,800; CONSENT AGENDA APPROVAL Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 277 The Victim Witness Program Manager requests a General Fund supplemental appropriation in the amount of$11,311 - CONSENT AGENDAAPPROVAL - Resolution Ratifying Declaration of an Emergency Ban on Open-Air Burninq:-CONSENT AGENDA APPROVAL RESOLUTION RATIFYING DECLARATION OF AN EMERGENCY BAN ON OPEN-AIR BURNING WHEREAS,because of extreme atmospheric and drought conditions,the threat of wildfires due to minimum relative humidity, winds, and extremely low fuel moisture is increased thereby facilitating the possibility of multiple and possibly large incidents that could threaten lives and property within Frederick County; and WHEREAS, following the identification of the above-stated circumstances, the Frederick County Fire Marshal, in coordination with the County Administrator, implemented emergency measures and declared an emergency ban on open-air burning effective Friday,March 21,2025. NOW,THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors,pursuant to Chapter 45, Article 11, Section 45-10E of the Code of Frederick County,ratifies the declaration of the emergency ban on open-air burning issued on March 21,2025. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn offered comments on the budget, including the capital fund, and stressed the need to find other ways to raise revenue. He noted the Governor just vetoed a bill to allow localities to hold a referendum on increasing the sales tax up to one percent to fund school construction projects. Supervisor Jewell commented on Agriculture Literacy Week involving the FFA and Farm Bureau Women. Supervisor Ludwig commented on Supervisor Dunn's remarks saying that he was opposed to the one percent sales tax and looks forward to County business growth to raise revenues. He added that the Board needs to restrain County government and school growth. + + + + + + + + + + + + + + Minute Book 50 Board of Su pervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 278 COUNTY OFFICIALS REQUEST FOR PROPOSALS FOR FIRE & RESCUE SYSTEM STUDY— APPROVED FOR ISSUANCE County Administrator Michael Bollhoefer explained the Board had directed staff to draft a Request for Proposals (RFP) to study the fire and rescue system, and subsequently, the Public Safety Committee requested that the RFP be sent to the Chiefs Working Group (CWG)to receive their input. He said the Board had reviewed the draft at the February 13 meeting and deferred a decision until the current meeting. He noted that study cost estimates have been included. The Board and Mr. Bollhoefer discussed the cost estimates as follows: Fire and Rescue Full Scale Study:$86,020.80; Revenue&Expense Study/Consulting:$37,100;and Fleet Consulting Services:$70,000. Supervisor Jewell expressed support for the recommendations of the Chief's Working Group, noting that he supported incorporating any salary information already available instead of starting with a completely new survey. Chief Majchrzak and Volunteer Chief Don Jackson expressed support for issuing the RFPs to aid the combined career and volunteer system in becoming more efficient and retaining staff. By consensus, the Board directed staff to issue the RFPs. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None + + + + + + + + + + + + + + COMMITTEE BUSINESS— FINANCE COMMITTEE THE NRADC SUPERINTENDENT REQUESTS A JAIL FUND BUDGET TRANSFER OUT OF FRINGES IN THE AMOUNT OF $582,000 -APPROVED Supervisor Lockridge moved for approval of the following: The NRADC Superintendent requests a Jail Fund budget transfer out of fringes in the amount of$582,000. Vice Chairman Slaughter seconded the motion. Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 279 Superintendent Corbin explained the request for the fund transfer. The 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 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS COMPREHENSIVE PLAN AMENDMENT (CPPA)#01-24, APPLELAND PROPERTIES—DENIED Senior Planner Tyler Klein reviewed the proposal for properties located immediately north of and adjacent to the Town of Stephens City and west of Route 11 which are included in the Kernstown Area Plan and within the limits of the County's Sewer and Water Service Area (SWSA), a public utility service area. He said the area plan currently designates planned land uses for the entirety of the assemblage, with roughly 72-acres designated as "business" and the remainder as "environmentally sensitive areas," which corresponds with areas of the mapped floodplain (Opequon Creek). Additionally, he said the proposal includes revisions to the area plan text to speak to the development of residential (age-restricted) in the Bartonsville South sub-area, connectivity to residential development within the limits of the Town of Stephens City, and extensive buffering and screening along Opequon Creek and historic areas to the north (Bartonsville). He added that revisions to the transportation network include modifications to the planned future major collector roadway(also known as Stephens City bypass) across the subject properties including removing connections to the north and east that connected the Town of Stephens City to Springdale Road and plan text changes. He said that given the details of the proposal as outlined above, the proposed CPPA and resulting development may have the potential to harmonize within the surrounding area. Mr. Klein noted that this request had been denied by the Board, but at its regular meeting on February 26, the Board unanimously voted to "reconsider" the proposal and send it back to public hearing and reconsideration. The Board discussed the proposal. Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 280 Ty Lawson addressed the Board on behalf of the Applicant. Chairman Ludwig opened the public comment period. Matt Shaffer, Back Creek District, said he lives in a historic home across the road from the subject property. He spoke in support of the proposal and the planned age-restricted community. James Moulder, Back Creek District, spoke in opposition to the amendment, which would allow residential development of the property rather than business development. Chairman Ludwig closed the public comment period. Supervisor Jewell moved for adoption of Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties. Supervisor Dunn seconded the motion. Supervisor Dunn noted the historic area surrounding the subject property, adding that a residential use is preferable to a business use. Vice Chairman Slaughter said it was short-sighted to consider only age-restricted residential development on the site. She said rural preservation development was currently an option, and with a comprehensive plan update underway, she was not in favor of a comprehensive plan amendment at this time. At Supervisor Dunn's request, Planning Director Pearson said the amendment would not preclude a rural preservation development of the site. The motion for adoption of Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties failed on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 281 REZONING #11-24 OF ROUTE 7 SELF STORAGE (EDWARD P. BROWNING IV)—ACTION POSTPONED TO APRIL 23, 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 and noted that on March 12, the Board had opened and continued the public hearing until the current meeting. Joe Knechtel of Potesta&Associates, Inc., representing the Applicant, and the Board discussed the proposed square footage and height of the proposed building,the expected vehicle trip generation, and traffic concerns. Chairman Ludwig opened the public comment period. The speakers were as follows: Bill Boyce, Red Bud District, spoke in opposition to the rezoning. Marci Smith, Red Bud District, spoke in opposition to the rezoning. Stephen Carter, Red Bud District, spoke in opposition to the rezoning. Stephanine Jahnigen, Red Bud District, spoke in opposition to the rezoning. 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 the April 23 Board meeting to allow him time to meet with the property owner and other interested parties. Supervisor Jewell seconded the motion. Supervisor Lockridge offered a substitute motion to deny the rezoning. Vice Chairman Slaughter seconded the substitute motion which failed on the following recorded vote: Blaine P. Dunn Present Robert T. Liero No John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Supervisor Dunn's motion to postpone action on REZONING#11-24 OF ROUTE 7 SELF STORAGE (EDWARD P. BROWNING IV) until the April 23 Board meeting 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 No Josh E. Ludwig Aye Judith McCann-Slaughter No Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 282 + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) FISCAL YEAR 2025-2026 BUDGET County Administrator Michael Bollhoefer presented information on the proposed budget for FY 2025- 2026. Chairman Ludwig opened the public comment period. The speakers were as follows: Skip Philips of NW Works reviewed the services offered by his organization and their specific request for funding for HVAC system replacement in their building. Jimmy Roberts of Seniors First/SAAA, reviewed the services offered by his organization and their request for funding by the Board. Katie Tennant of the Northern Virginia 4-H Center reviewed the services offered by her organization and their request for funding by the Board. Ellen Harrison, Northwestern Community Services Board, reviewed the services offered by her organization and their request for a 5% increase in funding by the Board. Rebecca Rager, Gainesboro District, urged the Board to fully fund the budget requests by the Schools and County departments. Addie Jones, Opequon District, urged the Board to fully fund the budget request by the Schools. Sonia Marfatia-Goode, Back Creek District, spoke in support of the schools being fully funded. Klio Stronbakis, City of Winchester resident, said she hoped to become a Frederick County School System teacher and urged the Board to fully fund the Schools' budget request. Bryan Nuri, Opequon District, urged the Board to fully fund the budget request by the Schools. James Moulder, Back Creek District, said the Schools are a bureaucracy that always wants more money and has too many high salaries. Leslie Spencer, Gainesboro District, said she took part in an initiative to bring the budget down. She said she supported the Schools. Chairman Ludwig closed the public comment period. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 283 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—ADDITIONS AND REVISIONS TO DEFINE AND PROVIDE SPECIFIC REGULATIONS RELATED TO DATA CENTERS AND POWER GENERATING FACILITIES— UPDATED DRAFT DISCUSSED Senior Planner Tyler Klein reviewed the updated proposal to amend Chapter 165 - Zoning Ordinance including additions and revisions to define and provide specific regulations related to data centers and power generating facilities. He said following the Board's public hearing on March 12, 2025, staff was directed to make additional revisions to the proposed ordinance amendment to address noise impacts, setbacks from residential districts, and allow data centers only as a "conditional use" requiring a conditional use permit (CUP) in the B3 (Industrial Transition), M1 (Light Industrial), and M2 (Industrial General)Zoning Districts. Mr. Klein said following the Board consensus on additional items to be studied, staff has made changes to the draft amendment. Mr. Klein introduced INCE Board Certified Noise Control Engineer and Acoustic Consultant Alexis Kurtz, Director of Cerami Associates'. He said she has been retained by the Planning and Community Development Department to provide services for the current ordinance amendment as well as other upcoming projects, including the noise ordinance. Ms. Kurtz and the Board discussed noise issues as they relate to various projects in the County. At Chairman Ludwig's request, Mr. Klein verified that the ordinance amendment would add regulation and take away the by-right allowance of data centers. At Vice Chairman Slaughter's request, Mr. Klein explained that lighting is covered elsewhere in the Code and is not addressed by the draft amendment. Mr. Klein said a public hearing on the draft ordinance amendment is scheduled for April 9, 2025. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 284 BOARD LIAISON REPORTS Supervisor Liero provided an update from the Planning Commission. Supervisor Jewell provided an update from the Handley Regional Library Board. Chairman Ludwig provided an update from the Parks & Recreation Commission and Frederick Water. CITIZEN COMMENTS James Moulder, Back Creek District, commented on the recent assessment of homes and questioned the accuracy of the new home values. BOARD OF SUPERVISORS COMMENTS Supervisor Wells addressed his constituents saying the Board is still working on a firm and professional budget. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 10:14 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 26,2025 County of Frederick,Virginia 285 Board of Supervisors Meeting Minutes of March 26, 2025 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, March 11,2025 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA The Parks and Recreation Commission met on Tuesday, March 11, 2025. Members present were Gary Longerbeam, Ron Madagan,Jenny Myers, Dennis Grubbs, Vaughn Whitacre, Mollie Brannon, Michael Stottlemyer, and Randy Carter. Members absent: None ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Election Officers: Mr. Madagan made a motion to nominate Dennis Grubbs for the position of Chair, seconded by Mrs. Myers,motion carried(7-0-1). Mr. Longerbeam made a motion to nominate Mrs. Jenny Myers for the position of Vice-Chair, seconded by Mr.Madagan. Mr. Stottlemyer made a motion to nominate Mr. Vaughn Whitacre for the position of Vice-Chair, seconded by Mrs. Brannon. A roll call vote was held, and Mrs. Myers was elected for the position of Vice-Chair(5-3). Cc: Dennis Grubbs, Chairman Josh Ludwig, Liaison, Frederick County Board of Supervisors Minute Book 50 Board of Su pervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 286 Board of Supervisors Meeting Minutes of March 26, 2025 - Appendix 2 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, March 14, 2025 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Friday, March 14,2025 at 9:00 a.m. ATTENDEES: Committee Members Present: Bob Liero,Chairman;Josh Ludwig, Blaine Dunn,Joe Brand,and Kevin Callanan. Staff present:Mike Bollhoefer,County Administrator; Michael Marciano, HR Director; DeLois Blevins, HR Manager;and Delsie Jobe,Administrative Services Manager. Public:Jack Parry,Reporter for Winchester Star. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS 1. The Human Resources Department presented recommended changes to Frederick County Human Resources Policy 1.6—Definitions and Policy XVII—Unsafe Conditions.(Exhibit A) The committee recommends approval,5 in favor&0 against. 2. The Human Resources Department presented recommended changes to Frederick County Human Resources policy regarding XIX—Driver Authorization Policy.(Exhibit B) The committee recommends approval,5 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 for 2024.The HR Committee discussed the hiring challenges associated with the Department of Social Services' roles.At the next HR Committee meeting,it is anticipated that Frederick County Department of Social Services Director(Tamara Green)and/or Assistant Director(Linda Gibson)will discuss recruiting efforts that have been taken and what new approaches can be implemented to help address the openings. Respectfully submitted, HUMAN RESOURCES COMMITTEE Bob Liero,Chairman Josh Ludwig Blaine Dunn Joe Brand Kevin Callanan Emily Kelley By Michael J. Marciano, Director of Human Resources Minute Book 50 Board of Su pervisors Regular Meeting of March 26,2025 County of Frederick,Virginia 287 Board of Supervisors Meeting Minutes of March 26, 2025 - Appendix 3 REPORT AND RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, MARCH 19, 2025 8:30 AM FIRST FLOOR CONFERENCE ROOM 107 NORTH KENT STREET WINCHESTER, VA 22601 ATTENDEES Committee Members Present: Heather Lockridge, Chairman; Josh Ludwig; Robert Liero; Mike Stottlemyer; Delane Karalow; and Brandon Monk. Non-voting liaisons Tonya Sibert, Commissioner of the Revenue and William Orndoff, Treasurer. Committee Members Absent: None. Staff present: Cheryl Shiffler, Finance Director; Clay Corbin, NRADC Superintendent; Jay Tibbs, Deputy County Administrator; and Lindsey Mohler, Victim Witness Program Manager. A. Action Items A.1. The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$7,713. This amount represents an insurance claim for wind damage to the sign at Millwood Fire Station. These funds will be used to replace the sign. No local funds are required. The committee recommends approval. Ins Claim Millwood Sign.pdf A.2. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $1,800. This amount represents 2 donations for memorial benches. No local funds required. The committee recommends approval. Minute Book 50 Board of Su pervisors Regular Meeting of March 26,2025 County of Frederick,Virginia Parks Bench Donations.pdf 288 A.3. The NRADC Superintendent requests a Jail Fund budget transfer out of fringes in the amount of $582,000. These funds will be transferred to operational line items. The request has been approved by the Jail Authority. No additional local funds are required. Per County policy, BOS approval is required for transfers out of fringe benefit line items. The committee recommends approval. NRADC Fringe Transfer.pdf A.4. The Victim Witness Program Manager requests a General Fund supplemental appropriation in the amount of $11,311. This amount represents additional funds awarded by DCJS for preapproved supplies. No additional local funds required. The committee recommends approval. Victim Witness DCJS.pdf B. Items For Information Only B.1. The Finance Director provides a General Fund transfer report for February 2025. 202502 Txfs.pdf B.2. The Finance Director provides monthly financial statements for February 2025. 202502 Fund 10.pdf 202502 Fund 11.pdf 202502 Fund 12.pdf B.3. The Finance Director provides the General Fund Unreserved Fund Balance Report ending March 14, 2025. FY2025_Fund Balance.pdf Minute Book 50 Board of Su pervisors Regular Meeting of March 26,2025 County of Frederick,Virginia