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HomeMy WebLinkAboutMay 14 2025 Regular Meeting Minutes 320 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 14, 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; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. Blaine P. Dunn was absent. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Karen Vacchio, Public Information Officer; John Bishop, Assistant Director of Planning; Kayla Peloquin, Planner I; 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 Mark Carey of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved to adopt 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 of May 14,2025 County of Frederick,Virginia 321 ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved to adopt the consent agenda. Supervisor Wells seconded the motion, which carried on the following recorded vote: Blaine P. Dunn Absent 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 April 23, 2025—CONSENT AGENDA APPROVAL -Acceptance of Public Safety Committee Report of April 24, 2025—CONSENT AGENDA APPROVAL, Appendix 1 -Approval of the Commonwealth's Development Opportunity Fund Performance Agreement and Adoption of Resolution Approving a General Fund Supplemental Appropriation and an Economic Development Authority Supplemental Appropriation in the amount of $5,000,000.00 for a Local Economic Development Incentive Grant as stated in the Performance Agreement to Assist in the Location for Clasen Quality Chocolate in Frederick County and Approval and Appropriation of a Payment of$3,000,000.00 to the Economic Development Authority of Frederick County, Virginia from the Commonwealth Opportunity Fund to Assist in Expanding the Operation for Clasen Quality Chocolate in Frederick County, VA. -CONSENT AGENDA APPROVAL RESOLUTION CLASEN QUALITY CHOCOLATE WHEREAS,Clasen Quality Chocolate,has made known its intent to locate its operation by making new real property and machinery and tools improvements; and create jobs. BE IT RESOLVED,that the Board of Supervisors for the County of Frederick,Virginia,does hereby approve a General Fund Supplemental Appropriation and an Economic Development Authority Supplemental Appropriation in the amount of$5,000,000.00 for a. Local Economic Development Incentive Grant as stated in the Performance Agreement to assist in the location for Clasen Quality Chocolate in Frederick County,Virginia. BE IT RESOLVED,that the Board of Supervisors for the County of Frederick,Virginia,does hereby approve and appropriate the payment of$3,000,000.00 to the Economic Development Authority of Frederick County,Virginia from the Commonwealth Opportunity Fund to assist in expanding the operation for Clasen Quality Chocolate in Frederick County,Virginia. BE IT RESOLVED,that said funds are subject to an executed Performance Agreement outlining the required performance criteria. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the County Administrator to execute the Performance Agreement on its behalf. + + + + + + + + + + + + + + Minute Book 50 Board of Su pervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 322 -Adoption of the Resolution Ratifying the Declaration of a Local State of Emergency for Frederick County, Virginia, as a Result of Flooding—CONSENT AGENDA APPROVAL RESOLUTION RATIFYING THE DECLARATION OF A LOCAL STATE OF EMERGENCY FOR FREDERICK COUNTY,VIRGINIA,AS A RESULT OF FLOODING WHEREAS,the Board of Supervisors of the County of Frederick,Virginia considers the safety and welfare of the residents of the County to be of utmost importance;and, WHEREAS,due to the prolonged rain event and subsequent flooding,Frederick County is facing a condition of extreme peril to the lives and safety of the residents and visitors of the County;and, WHEREAS,as a result of this extreme peril,the declaration of the existence of an emergency is necessary to permit the full powers of government to deal effectively with this condition of peril;and, WHEREAS,County Administrator Michael Bollhoefer currently serves in the position of the local Director of Emergency Management and is authorized under the laws of the Commonwealth of Virginia to make a local declaration of emergency with the consent of the governing body;and, WHEREAS,County Administrator Michael Bollhoefer has declared that a local state of emergency exists in Frederick County as a result of the prolonged rain event and subsequent flooding,effective on May 13,2025 at 2200 and subsequently requests the consent of the Board of Supervisors to proceed with the declaration of emergency. NOW THEREFORE BE IT RESOLVED,that the Board of Supervisors for Frederick County,Virginia,hereby ratifies the declaration of a local state of emergency within Frederick County by the local Director of Emergency Management;and BE IT FURTHER RESOLVED,that during the existence of this emergency,the powers,functions,and duties of the Director of Emergency Management and the organization and functions of Frederick County shall be those prescribed by the laws of the Commonwealth of Virginia and the ordinances,resolution,approval plans of Frederick County,and other measures necessary to mitigate the impact of the public health emergency and to protect life and safety endangered by the event. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Jewell noted that it is National Police Week and thanked all of those in law enforcement. Chairman Ludwig agreed with the previous comment. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 323 COUNTY OFFICIALS REQUEST FROM THE SUPERINTENDENT FOR A FY 2025 SUPPLEMENTAL APPROPRIATION TO THE SCHOOL OPERATING FUND FOR $1,480,000 FOR A ONE-TIME EMPLOYEE BONUS PAYMENT—APPROVED Supervisor Wells moved for approval of the following: Additional state funds are approved to come to school divisions in the current fiscal year for a one-time employee bonus payment. State funding is based on a $1,000 bonus per Standards of Quality instructional and support positions. Frederick County Public Schools requests a FY 2025 supplemental appropriation to the School Operating Fund for$1,480,000 for a one-time employee bonus payment. Supervisor Jewell seconded the motion, which carried on the following recorded vote: Blaine P. Dunn Absent 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 JOHN LAMANNA REAPPOINTED TO SOCIAL SERVICES BOARD AS AT-LARGE REP. — APPROVED Supervisor Jewell moved for the reappointment of John Lamanna to his second 4-year term expiring May 24, 2029, as an at-large representative to the Social Services Board. The motion, seconded by Supervisor Wells, carried on the following recorded vote: Blaine P. Dunn Absent Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 324 COMMITTEE BUSINESS—PUBLIC SAFETY COMMITTEE County Administrator Bollhoefer explained the request from the Lake Holiday community for an ordinance allowing golf carts on the roadways in their development. Supervisor Lockridge moved that the Board hold a public hearing on the proposed ordinance amendment to designate the Lake Holiday community as a golf cart community. The motion, seconded by Supervisor Wells, carried on the following recorded vote: Blaine P. Dunn Absent Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES)- None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—ADDITIONS TO DEFINE CHICKEN COOPS AND PROVIDE ADDITIONAL REGULATIONS FOR BACKYARD CHICKENS AND CHICKEN COOPS IN THE R4 (RESIDENTIAL PLANNED COMMUNITY) AND R5 (RESIDENTIAL RECREATIONAL COMMUNITY)ZONING DISTRICTS. —APPROVED Planner Kayla Peloquin reviewed the proposed ordinance amendment and stated that should the County adopt an ordinance on backyard chickens, all properties would still be subject to private covenants and deed restrictions, including HOA regulations, which are not enforced by the County. She said the Planning Commission recommended approval of the proposed ordinance amendment with the following changes: exclusion of the RP Zoning District, the addition of requiring an administrative permit, and delaying implementation of the ordinance for six months. Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 325 The Board and staff discussed the Planning Commission's recommendations, including the exclusion of the RP Zoning District as likely because of typical lot sizes in the District, and the delayed implementation to allow affected homeowners associations (HOAs) the time to decide whether to permit chickens. Chairman Ludwig opened the public comment period. Joe Brand, Stonewall District, spoke in favor of the ordinance, saying no permits should be required. David Kern, Gainesboro District, spoke in favor of the ordinance, saying requiring permits would be the opposite of small government. Robert Gallalee, Back Creek District, said no rules regarding chickens are needed. Christiana Marr, Back Creek District, spoke in favor of the ordinance, citing the benefits of having chickens. Lance Allen, Stonewall District, spoke in favor of the ordinance and agreed with the comments of the previous speaker. Leslie Spencer, Gainesboro District, spoke in favor of the ordinance, citing the benefits of having chickens. Chairman Ludwig closed the public comment period. Supervisor Jewell moved to adopt the Ordinance Amendment to the Frederick County Code — Additions to Define Chicken Coops and Provide Additional Regulations for Backyard Chickens and Chicken Coops in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts, with the RP zone excluded, no requirement for permits, and delayed implementation of the ordinance for three months. Supervisor Lockridge seconded the motion. The Board and staff discussed the reasoning for requiring permits and the ability of HOAs to prohibit chickens. Chairman Ludwig moved for an amendment to the motion to include the RP zoning district in the ordinance as originally proposed. Supervisor Lockridge seconded the motion to amend which failed on the following recorded vote: Blaine P. Dunn Absent Robert T. Liero No John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 326 Supervisor Jewell's main motion carried on the following recorded vote: Blaine P. Dunn Absent Robert T. Liero Aye John F. Jewell Aye Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye ORDINANCE TO AMEND CHAPTER 165 ARTICLE I General Provisions;Amendments;and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions and Word Usage ARTICLE I1 Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses Part 204—Additional Regulations for Specific Uses ARTICLE V Planned Development Districts Part 501 —R4 Residential Planned Community District §165-501.03 Permitted Uses Part 502—R5 Residential Recreational Community District §165-502.04 Permitted Uses WHEREAS,a proposal was presented to amend Chapter 165—Zoning Ordinance to add a definition for chicken coops and permit backyard chickens and chicken coops subject to additional regulations in the R4 (Residential Planned Community)and R5 (Residential Recreational Community)Zoning Districts;and WHEREAS, the Planning Commission held a public hearing on the proposed ordinance amendment on April 16, 2025,and recommended approval of the ordinance amendment with changes;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on May 14,2025; 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 to add a definition for chicken coops and permit backyard chickens and chicken coops subject to additional regulations in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts with an implementation date of September 1,2025 is adopted. + + + + + + + + + + + + + + Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 327 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS ROAD IMPACT FEES AND TRANSPORTATION CASH PROFFER CONSIDERATIONS DISCUSSED; STAFF DIRECTED TO DRAFT A ROAD IMPACT FEE ORDINANCE Assistant Planning Director John Bishop noted that on September 27th, 2023, the Board of Supervisors approved a scope of work to update the Capital Impacts Model (CapIM) and evaluate the implementation of a Road Impact Fees program and/or an Offsite Cash Proffers for Transportation program. He said that these topics were discussed by the Development Impact Model Oversight Committee (DIM-OC), which recommended the Board adopt an update to the CapIM implementing the Offsite Cash Proffers for Transportation approach and not consider implementing a Road Impact Fee program at this time. Mr. Bishop said the methodologies to calculate impacts are similar and he provided a summary distinguishing the two approaches. He noted that Stafford County is the only county in Virginia that currently has a road impact fee ordinance. Julie Herlands of Tischler Bise Consultants offered remarks about the two approaches. Vice Chairman Slaughter noted that the Economic Development Authority has concerns about a road impact fee ordinance negatively affecting the County's ability to attract needed business and industry. Chairman Ludwig and Ms. Herlands discussed the off-site cash proffer model and the road impact fee model. Vice Chairman Slaughter moved to concur with the recommendations of the Development Impact Model Oversight Committee and approve the use of the off-site cash proffer approach. Supervisor Jewell seconded the motion. The Board and Ms. Herlands further discussed the effects of the two models. The motion to use the off-site cash proffers approach failed on the following recorded vote: Blaine P. Dunn Absent Robert T. Liero No John F. Jewell Aye Robert W. Wells No Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter Aye Chairman Ludwig moved to direct staff to pursue drafting a road impact fee ordinance. Supervisor Lockridge seconded the motion. The Board discussed the concerns about turning away new businesses and the need to address the Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 328 County's aging infrastructure. The motion to direct staff to pursue drafting a road impact fee ordinance carried on the following recorded vote: Blaine P. Dunn Absent Robert T. Liero Aye John F. Jewell No Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Jewell provided an update from the Extension Leadership Council and 4-H. Chairman Ludwig discussed Frederick Water and recent reports of failed residential wells in the County. CITIZEN COMMENTS Joe Brand, Stonewall District, commented on a recent letter to the editor from Supervisor Dunn. Robert Gallalee, Back Creek District, commented on a recent letter to the editor about the Chairman. Lance Allen, Stonewall District, commented on a recent letter to the editor from Supervisor Dunn. He commented on the proposed road impact fee ordinance, urging the Board to have developers pay their fair share. David Kern, Gainesboro District, commented on the off-site proffers and road impact fee model, saying a third option could be a public-private partnership to fund infrastructure improvements. Leslie Spencer, Gainesboro District, said she supported the road impact fee model. BOARD OF SUPERVISORS COMMENTS Supervisor Jewell thanked emergency responders for their work the previous evening during flooding in some areas of the County. Supervisor Lockridge noted the ongoing drought and asked that citizens contact their Board members if they are having any issues with their wells. Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 329 Chairman Ludwig commented on previous remarks made by Supervisors Dunn and Liero. He discussed the Winchester Star printing a letter to the editor that described him in a negative way. He suggested Supervisor Liero had a conflict of interest regarding his vote on the County's budget because his wife is employed by the public school system. Supervisor Wells left the meeting. Supervisors Liero and Lockridge each requested an opportunity to speak. The request was denied by the Chairman. ADJOURN On motion of Vice Chairman Slaughter, seconded by Chairman Ludwig, the meeting was adjourned at 8:51 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 May 14,2025 County of Frederick,Virginia 330 Board of Supervisors Meeting Minutes of May 14, 2025 - Appendix 1 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday April 24,2025 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairwoman Heather Lockridge, Bill Olson, Josh Ludwig and Mike Holman. Committee member Al Sibert was absent. Staff and guests present: County Administrator Michel Bollhoefer,Fire & Rescue Chief Steve Majchrzak, Communications Director Ginger Whitacre, Court liaison Lisa Eaton and Kris Tierney. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. Lake Holiday as a designated golf cart community: Chairwoman Lockridge discussed this 2-year project with the Committee. She addressed low speed vehicles(LSV)vs. golf carts stating they are nearly similar in features. Mr. Tierney added that golf carts are less expensive and do not need to be registered or licensed to the DMV. Mr. Bollhoefer added that Lake Holiday needs the Board of Supervisors' approval since their streets are designated public roads for traffic enforcement. The Public Safety Committee unanimously recommended forwarding the proposed ordinance to designate Lake Holiday as a golf cart community to the Board of Supervisors for a public hearing. ITEMS FOR INFORMATION ONLY: 1. Metal detectors in Frederick County Public Schools: Chairwoman Lockridge advised that the Frederick County Public Schools (FCPS)will be presenting a proposal to the Finance Committee for additional funds to aid in the implementation of metal detectors at all schools. Mr. Ludwig stated that more data is needed before moving forward. Mr. Olson proposed a special Public Safety Committee meeting to review and discuss the FCPS proposal. Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia 331 Mr. Olson recommended that the Board of Supervisors not approve the Frederick County Public Schools proposal for additional metal detector funding until the Public Safety Committee reviews the proposal and offers feedback. Mr. Ludwig seconded and the Committee concurred. 2. Jurisdiction of County schools located within the City limits: Mr. Bollhoefer stated that an updated MOU is being drafted by the new Winchester Chief of Police to address the property owned and operated by Frederick County and the Frederick County Public Schools that fall within the City's limits. This includes 2 school facilities and 2 County office buildings. The new MOU should be completed in the next couple of weeks. 3. Update on school zone cameras (B1ueLine contract): Mr. Bollhoefer gave an update on the contract with B1ueLine Solutions. At this time, the contract has been reviewed by the County Attorney and Sheriff Millholland will be signing it in the upcoming weeks. It is proposed to begin around the start of the upcoming school year. 4. Other business: Mr. Olson discussed the increase in supply chain problems/issues when getting equipment and supplies in a timely, cost-effective way from vendors. Chief Majchrzak stated that with costs going up on items, shipping and manufacturing, it is prudent to obtain items at a reasonable cost and in a timely manner. These continued issues have increased, especially over the past 4-5 years. Mr. Olson would like further discussion at a later meeting. Respectfully submitted, Public Safety Committee Heather Lockridge Al Sibert Bill Olson Mike Holman Josh Ludwig Minute Book 50 Board of Supervisors Regular Meeting of May 14,2025 County of Frederick,Virginia