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April 9 2025 Regular Meeting Minutes 291 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 9, 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; Amy Feltner, Planner I; Cheryl Shiffler, Finance Director; Bill Orndoff, Treasurer; Jennifer Place, Risk Manager/Budget Analyst; 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 Bobby Alger of Crossroads Community 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 which carried on a voice vote. CITIZEN COMMENTS - None Minute Book 50 Board of Supervisors Regular Meeting ofApril9,2025 County of Frederick,Virginia 292 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 Regular Meeting Minutes of March 26, 2025—CONSENT AGENDA APPROVAL -Approval of the Work Session Minutes of April 2, 2025—CONSENT AGENDA APPROVAL -Acceptance of Public Works Committee Report of March 25, 2025 -CONSENT AGENDA APPROVAL, Appendix 1 -Confirmation of 2025 Meeting Schedule Adjustment for May, June, July, and August-CONSENT AGENDA APPROVAL - Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation: Eastern Supply Inc. -$48,236.9'I -CONSENT AGENDA APPROVAL - Resolution for Changes in the Secondary System of State Highways: Snowden Bridge Boulevard Phase 3:-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 ofApril 9,2025 County of Frederick,Virginia 293 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn commended Red Bud District School Board Representative Brian Erskine for holding a town hall meeting for his constituents. At the request of Vice Chairman Slaughter, by consensus, the Board directed Planning and Development staff to begin the process for updating the lighting ordinance. + + + + + + + + + + + + + + COUNTY OFFICIALS RESOLUTION ADOPTING FISCAL YEAR 2025-26 BUDGET,APPROPRIATIONS AND SETTING OF 2025 TAX RATES -ADOPTED Vice Chairman Slaughter moved for adoption of the FY 2025-26 budget resolution, which includes appropriating the funds and setting the tax rates for 2025. Supervisor Jewell seconded the motion. Supervisor Dunn commented on the need to raise revenue, saying he would not support the budget resolution as is written. Chairman Ludwig said people were upset about the real estate tax rate and offered that he would move to reduce the number of new positions by half for both the County government and the School System. Supervisor Jewell said he was not in favor of the Chairman's suggestion. Supervisor Liero noted the Board cannot dictate that the Schools cut positions. Supervisor Lockridge asked for and received clarification about the Schools' request for 40 positions, of which eight are mandatory. Supervisor Dunn said it was too late to have this discussion and that he opposed the reduction in firefighters but supported delaying the hiring of one employee each in the offices of the Circuit Court and Commissioner of the Revenue. Chairman Ludwig moved to amend the budget resolution to reduce expenses approximately $2 million as follows: decrease the school operating fund transfer by $1.57 million; remove four new firefighter positions; remove one new position each in the offices of the Circuit Court and Commissioner of the Revenue; and remove one new sheriff's deputy position. Supervisor Lockridge seconded the motion. Supervisor Liero criticized the timing of the Chairman's motion while noting that he did not disagree Minute Book 50 Board of Supervisors Regular Meeting ofApril9,2025 County of Frederick,Virginia 294 with the content of the motion. He said the issues should have been brought up during the budget process at one of the many work sessions. Supervisors Dunn and Lockridge discussed the tax rate and the policy of using funds designated for capital expenses to cover operating expenses. Chairman Ludwig said the Board often makes last-minute changes to the budget resolution. Supervisor Jewell said the Board had been working on the budget for three months,and he disagreed with the motion. Supervisor Dunn noted that the budget growth is largely because of increased public safety services. The Chairman's motion to amend the budget resolution failed on the following recorded vote: Blaine P. Dunn No Robert T. Liero No John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Supervisor Liero said the Chairman's motion could have been brought up sooner and was designed to fail to make a point. Chairman Ludwing said he was offended by the previous remarks and that the Board should support restraining the budget. Vice Chairman Slaughter's original motion to adopt the FY 2025-26 budget resolution,which includes appropriating the funds and setting the tax rates for 2025, carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig No Judith McCann-Slaughter Aye FY 2025-2026 B UDGET RESOL UTION WHEREAS a notice of public hearing and budget synopsis has been published and a public hearing held on March 26, 2025, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2025-2026 Fiscal Year as advertised in The Winchester Star on March 18,2025,be hereby approved in the amount of$664,225,268. Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 295 BE IT FURTHER RESOLVED that the County of Frederick budget for the 2025-2026 fiscal year be adopted and the funds appropriated as follows: General Operating Fund $267,811,364 Regional Jail Fund 30,594,030 Landfill Fund 13,834,494 Division of Court Services Fund 651,260 Shawneeland Sanitary District Fund 1,195,003 Airport Authority Operating Fund 3,037,202 Airport Authority Capital Fund 10,392,700 EMS Revenue Recovery Fund 2,738,362 Economic Development Authority Fund 772,891 Transportation Projects Fund 7,000,000 County Capital Fund 14,955,775 School Operating Fund 254,906,208 School Debt Service Fund 20,154,099 School Capital Projects Fund 5,000,000 School Nutrition Services Fund 12,659,958 NREP Operating Fund 7,520,812 NREP Textbook Fund 20,000 Consolidated Services/Maintenance Fund 3,000,000 School Private Purpose Funds 1,300,000 School Textbook Fund 6,681,110 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rates for the 2025 assessment year as follows: Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 296 Property Taxes—Rates per$100 of assessed value $0.48 Applied to real estate,including mobile homes $4.23 Applied to personal property and business use vehicles $4.86 Applied to business equipment assessed at 30%of original cost $2.25 Applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Frederick County Fire and Rescue Department $0.01 Applied to aircraft Zero tax Applied to antique vehicles and mopeds $2.00 On declining values to be applied to machinery and tools.The declining values are 60%for year one,50% for year two,40%for year three,and 30%for year four and all subsequent years. $2.00 On apportioned percentage of book values to be applied to Contract Classified Vehicles and equipment $1.25 Computer Equipment&Peripherals used in a Data Center.The declining values are 50%for year one,35% for year two,20%for year three, 10%for year four and 5%for year 5 and subsequent years. Business and Professional Occupational License Rates Contractors $0.16 per$100 of gross receipts Retail $0.20 per$100 of gross receipts Financial,Real Estate,and Professional $0.58 per$100 of gross receipts Services Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 297 Repair,personal and business services and all $0.36 per$100 of gross receipts other businesses and occupations not specifically listed or exempted in the County Code Wholesale $0.05 per$100 of purchases The tax rates for other businesses and occupations specifically listed in the County Code are also unchanged. Other General Taxes Meals tax 4%of gross receipts Transient Occupancy tax 3.5%of gross receipts Vehicle License Taxes $25 per vehicle and$10 per motorcycle Sanitary Landfill Fees $64 Per ton for commercial/industrial $58 Per ton for construction demolition debris $28 Per ton for municipal waste $44 Per ton for municipal sludge $58 Per ton for Miscellaneous Rubble Debris Shawneeland Sanitary District Taxes $190 Unimproved Lots $660 Improved Lots Star Fort Subdivision Taxes/Fees $60 Per Lot Street Light Fees Oakdale Crossing$35 annually Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 298 Fredericktowne$45 annually Green Acres$25 annually BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund,special welfare fund,comprehensive services fund,county health insurance fund,school health insurance fund,public schools grant fund, employee benefits fund, maintenance insurance fund,development project/transportation fund, sales tax fund, commonwealth sales tax fund, unemployment compensation fund, Forfeited Assets Program, Four-For-Life Funds, Fire Programs, Peg funds, and Economic Incentive funds equal to the total cash balance on hand at July 1, 2025,plus the total amount of receipts for the fiscal year 2025-2026, The County Capital Fund,Airport Capital Fund and Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of the fiscal year 2025. The County Capital appropriation shall include funds transferred from and to other capital funds for classification and policy purposes. BE IT FURTHER RESOLVED that funding for all outstanding encumbrances at June 30, 2025, are re- appropriated to the 2025-2026 fiscal year to the same department and account for which they are encumbered in the 2024-2025 fiscal year. BE IT FURTHER RESOLVED that the construction fund projects are appropriated as a carryforward in the amount that equals the approved original project cost,less expenditures and encumbrances through June 30,2025. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS ELIZABETH KOZEL REAPPOINTED TO PLANNING COMMISSION AS SHAWNEE DISTRICT REP.—APPROVED Supervisor Liero moved for the reappointment of Elizabeth Kozel to the Planning Commission as Shawnee District Rep. for a 4-year term ending April 28, 2029. Vice Chairman Slaughter seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 299 COMMITTEE BUSINESS—None PUBLIC HEARINGS (NON PLANNING ISSUES) - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT #02-25 OF RUSSELL VALLEY FARM, LLC.,—APPROVED Planner Amy Feltner reviewed the proposal for utilizing an existing 36' x 108' structure as a shelter for the event center on the approximately 66 acre parcel. She said the proposed structure will be equipped with heating and cooling, and an existing paved driveway serves the facility off Apple Pie Ridge Road. Ms. Feltner said the special event facility will operate year-round, seven days a week, from 9 a.m. until 10 p.m. with a maximum capacity of 150 guests. She noted the Planning Commission had recommended approval and reviewed the suggested conditions to include if the Board should approve the Conditional Use Permit. Chairman Ludwig opened the public comment period. Joline Schultheis, Gainesboro District, spoke in opposition to the CUP citing noise and enforcement concerns. Alvin Schultheis, Gainesboro District, spoke in opposition to the CUP citing traffic concerns. Stan Crockett, Gainesboro District, spoke in support of the CUP. Cynthia Noia, Gainesboro District, said there are issues that need to be mitigated if the CUP is approved. Alan Noia, Gainesboro District, spoke in opposition to the CUP, citing noise and lighting. She said she was opposed to the commercial use of residential land. Shawnn Morgan, Gainesboro District, spoke in opposition to the CUP saying that restrictions will be very important. Monte Morgan, Gainesboro District, spoke in opposition to the CUP, saying that other venues in the area have complaints about noise and traffic. Chairman Ludwig closed the public comment period. Supervisor Lockridge discussed the variation across the County in conditions placed on a Conditional Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 300 Use Permit. She suggested adding conditions for this permit regarding lighting, making the play area and miniature golf activity accessory use only, and amplified music allowed only during a wedding ceremony. Supervisor Lockridge moved for adoption of the Ordinance granting Conditional Use Permit #02-25 Of Russell Valley Farm, LLC, with the three additional conditions as stated above. 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 CONDITIONAL USE PERMIT 02-25 Russell Valley Farm LLC.,(Pamela and Glen Russell) WHEREAS, CONDITIONAL USE PERMIT 02-25 was submitted by Russell Valley Farm LLC,(Pamela and Glen Russell) for a special event facility at Apple Pie Ridge Road, Winchester, Virginia, identified with Property Identification Number 32-A-52A in the Gainesboro Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on March 19,2025 and recommended approval;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit on April 9,2025;and 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 02-25 for a special event facility on the parcel identified with Property Identification Number 32-A-52A is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation are 9 a.m.to 10 p.m.daily,with a maximum of 100 events annually. 3. A site plan shall be approved by Frederick County prior to the establishment of the uses.The site plan shall meet the requirements of the Frederick County Zoning Ordinance including the additional regulations for special event facilities in§165-204.30,entrance design(VDOT),and emergency access road(Fire)in§165- 204.03. 4. Portable restroom facilities shall be provided for guests during events and removed thereafter. 5. No commercial equipment is permitted for food preparation. 6. The restroom is for private use and is not for use by the patrons. 7. Special events may not exceed 150 guests. 8. Amplified outdoor music is prohibited. Ceremonial music associated with a wedding reception is exempted from this limitation. 9. All lighting shall be down cast to avoid glare onto adjacent properties and residences. 10. Outdoor sports/play areas shall be accessory to the primary use of the special event center and shall not be permitted to operate independently. 11. Any expansion or change of use shall require a new CUP. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 301 ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — ADDITIONS AND REVISIONS TO DEFINE AND PROVIDE SPECIFIC REGULATIONS RELATED TO DATA CENTERS AND POWER GENERATING FACILITIES—APPROVED 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 noted that staff has specifically amended the noise and noise monitoring subsection (E) to reflect comments and recommendations from an acoustic consultant/noise engineer. Chairman Ludwig opened the public comment period. The speakers were as follows: Linda Reed, Shawnee District, cited concerns about data centers. Leslie Spencer, Gainesboro District, seconded the previous remarks. Chairman Ludwig closed the public comment period. Supervisor Jewell moved for adoption of the Ordinance Amendment to the Frederick County Code —Additions And Revisions To Define And Provide Specific Regulations Related to Data Centers and Power Generating Facilities. Supervisor Wells seconded the motion. The Board and staff discussed the changes in data center design and water used by the facilities. The motion to adopt 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 TO AMEND CHAPTER 165 -ZONING ARTICLE I General Provisions;Amendments; and Conditional Use Permits; Part 101—General Provisions; §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulations;Parking;Buffers; and Regulations for Specific Uses; Part 201—Supplementary Use Regulations; §165-201.12 Nuisances; Part 204—Additional Regulations for Specific Uses §165-204.28—Height Waivers in EM(Extractive Manufacturing),M1 (Light Industrial)and M2(Industrial Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 302 General)Districts. ARTICLE IV Agricultural and Residential Districts; Part 401 —RA Rural Areas District; §165-401.02 Permitted Uses; §165-401.03 Conditional uses ARTICLE VI Business and Industrial Zoning Districts; Part 604—B3 Industrial Transition District; §165-604.02 Allowed Uses; §165-604.03 Conditional Uses; Part 605—TM Technology Manufacturing Park District §165-605.02 Permitted Uses; Part 606—M1 Light Industrial District; §165-606.02 Allowed Uses; §165-606.03 Conditional Uses; Part 607—M2 Industrial General District; §165-607.02 Allowed Uses; §165-607.03 Conditional Uses WHEREAS,a proposal was presented to amend Chapter 165—Zoning Ordinance to add a definition for data centers, to include additional regulations for specific uses for data centers,and to define power generating facilities and specify what districts they are permitted in;and WHEREAS, the Development Review and Regulations Committee discussed the proposed amendment at their October 24,2024,regular meeting and sent the amendment forward with no comments;and WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on February 19, 2025,and recommended approval;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on March 12,2025,and tabled discussion and directed staff to hold a public hearing on April 9,2025; WHEREAS,the Frederick County Board of Supervisors held a public meeting on this proposed ordinance amendment on March 26,2025,and took no action; WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on April 9,2025,and recommended approval; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health,safety,general welfare,and good zoning practice,the amendment to Chapter 165—Zoning Ordinance for data centers and power generating facilities;is adopted. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Liero provided an update from the Planning Commission. Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 303 CITIZEN COMMENTS D'Ann Kenney, Gainesboro District, noted the last budget work session where the topic of additional school security devices was discussed following the incident of a gun being found in an elementary school. Vaughn Whitacre, Gainsboro District, encouraged the Board to look at the issue of eliminating fluoride in drinking water. Leslie Spencer, Gainsboro District, discussed ways of mitigating the impact of event centers in rural areas. BOARD OF SUPERVISORS COMMENTS Supervisor Jewell thanked the Planning and Development staff for the good work on the data center ordinance. He thanked County Administrator Bollhoefer and staff for their effort on the budget. Supervisor Dunn agreed with the previous remarks. Supervisor Liero noted the citizen's comment about school security devices, saying the Schools will bring the matter to the Finance Committee. Supervisor Lockridge said the Schools had not requested funding at the time of the last budget work session. Chairman Ludwig confirmed that the Schools had not yet requested funding for additional security devices and that they will bring the matter to a future Finance Committee meeting. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 9:17 p.m. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 50 Board of Supervisors Regular Meeting ofApril9,2025 County of Frederick,Virginia 304 Board of Supervisors Meeting Minutes of April 9, 2025 - Appendix 1 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, March 25, 2025 8:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Heather Lockridge, Chair;Joseph Brand; Bob McDonald Committee Members Absent: Josh E. Ludwig; Atilla Gergely Staff present:Joe C. Wilder, Director of Public Works; Ron Kimble, Landfill Manager (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1-Discuss rubble waste/tipping fee: At a recent Board of Supervisor budget work session, there was discussion about the proposed landfill tipping fee increase for rubble fill. Rubble fill is clean concrete debris, bricks, and used asphalt. This material does not have to be placed in a landfill since it can be used as clean fill. We are proposing to increase the tipping fee for rubble fill from $20 per ton to $58 per ton. The justification for the large increase is the landfill is running out of space to place the rubble fill for use as fill material. If the landfill doesn't have space on available land, we would need to place the material in the Construction Demolition Debris (CDD) landfill. We have also determined that with the low tipping fee, a couple of companies are bringing in more and more rubble debris which takes up more space on our available land. The committee discussed the information and data available to see if we should lower the proposed rates for rubble debris, if we thought the higher rates would cause haulers to dump rubble debris on other properties, potentially causing complaints. We discussed that the clean rubble debris can be placed on properties as fill if they obtain proper land disturbance permits if the areas are receiving fill from permitted sites. We also discussed that there are recycling markets for the rubble fill and in other areas, private businesses have purchased specialized equipment to recycle the rubble concrete and asphalt.There are options for rubble debris to go if a hauler does not want to pay the higher rubble tipping fees. Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia 305 Therefore, after some additional discussion, the committee was ok with the proposed tipping fee for rubble fill to be$58 per ton starting on July 1, 2025, along with the other proposed landfill tipping fee increases. 2-Update on the stormwater ordinance: The committee was informed that the revised Chapter 143-Frederick County Code for Stormwater/Erosion and Sediment Control was approved by the Board of Supervisors on February 26, 2025. Also, the Virginia Department of Environmental Quality (DEQ) are currently in discussions to possibly raise the state stormwater permit fees in the next year or so. If they raise their fees, we will need to adjust our fee schedule to accommodate the higher fees. We will keep the committee updated on the proposed changes. 3-Update on projects: The committee was informed that CSX has begun some of the track and signal work for the new at-grade crossing for the Renaissance Drive, Phase 2 road project. We have been under a long delay waiting for CSX to arrive on-site to perform the work. We are hopeful that we can complete this project by the end of summer. The committee was also informed that most of the work is completed to construct the stormwater diversion at the landfill for the CDD expansion. We will continue to move the project forward with mass grading of the CDD Area 2, Cell A in 2026. Respectfully submitted, Public Works Committee Heather Lockridge Josh E. Ludwig Atilla Gergely Joseph Brand Bob McDonald By: Joe C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Austin Cano, Interim County Attorney Ron Kimble, Landfill Manager file Minute Book 50 Board of Supervisors Regular Meeting ofApril 9,2025 County of Frederick,Virginia