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HomeMy WebLinkAboutAugust 13 2025 Regular Meeting Minutes 29 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 13, 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; Karen Vacchio, Public Information Officer;Wyatt Pearson, Planning Director; John Bishop,Assistant Director of Planning; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; and Patrica Scheulen-Ferrell, Senior Legal Secretary. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Dr. Scott Priest of Restoration Fellowship 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 The following spoke in favor of studying the impact of data centers locating in the County: Willie Deutsch, Opequon District Pete Ziolkowski, Back Creek District Shawn Hershberger, Red Bud District Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 30 The following spoke in opposition to the County studying the issue of data centers locating in the County: DeMarchi Spears, Back Creek District Jan Van Haute, Back Creek District Roger Layman, Back Creek District Leslie Spencer, Gainesboro District The following spoke in opposition to data centers locating in the County: Gary Krouse, Shawnee District Alicia Scully, Shawnee District Tony Cole, Back Creek District Rebecca Bronson, Stonewall District Samantha Armel, Red Bud District Alan Dykstra, Back Creek District Vaughn Whitacre, Gainesboro District Bryan Nuri, Shawnee District, commented on the Chairman's position regarding data centers and the failed General Assembly legislation that would have required that petitioners, rather than localities, fund the study of data center projects. Vicki Michaels, Stonewall District, said the Board should listen to the community and study all the angles of data centers. Kurt Creager, Back Creek District, noted concern about data center water usage and the reliability of surface water sources. Josh Root, Back Creek District, noted that technology ages at great speed and cautioned against relying on a study as old as one completed in 2023. Gary Porter and Elizabeth (last name not provided) from the Opequon District commented on the appointments to the Frederick Water Board of Directors. Kim Watt, Gainesboro District, commented on the Transfer of Development Rights (TDR) program, saying that if the Board stalls or places a moratorium on the program while she is in the process of severing development rights, she will seek legal action. Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 31 ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved to adopt 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 Closed Session & Regular Meeting Minutes of July 9, 2025—CONSENT AGENDA APPROVAL -Acceptance of Transportation Committee Report of July 28, 2025—CONSENT AGENDA APPROVAL, Appendix 1 -Authorization for staff to proceed with Designating the Use of Funds from the Transportation Fund for the following as recommended by the Transportation Committee: Assistance with Pending VDOT Applications: Timmons Group, $882,124.00 with a recommended 15% contingency; and Gainesboro Road design work: Timmons Group, $32,869.78 with a recommended 15% contingency—CONSENT AGENDA APPROVAL -Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation: FedEx Ground Package System Inc. -$224,932.46 - Resolutions Approving Settlement with Purdue Sackler Regarding Opioids Litigation and Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, And Zydus Regarding Opioids Litigation— CONSENT AGENDA APPROVAL RESOLUTION A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS ACCEPTING THE PURDUE PHARMA BANKRUPTCY PLAN AND APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED DIRECT SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST THE SACKLER FAMILY, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO ACCEPT THE PLAN AND EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENT WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Frederick County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Frederick County's various departments and agencies; and WHEREAS, Frederick County has been required and will continue to be required to allocate substantial taxpayer dollars,resources,staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Frederick County; and WHEREAS,a settlement proposal has been negotiated that will cause the Sackler family,the owners of the Purdue Pharma family of companies,to pay an aggregate of$6.5 billion nationwide to resolve opioid-related claims Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 32 against them and resolve Purdue Pharma's bankruptcy;and WHEREAS,Frederick County has filed suit against Purdue Pharma and the Sackler family for their role in the distribution,manufacture,and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Frederick County;and WHEREAS,the County's suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harm of the opioid epidemic;and WHEREAS,the County submitted a proof of claim in the bankruptcy and is thus entitled to vote on whether the bankruptcy court should accept or reject the associated bankruptcy plan; WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding(the"Virginia MOU"),and affirms that this pending settlement with the Sackler family shall be considered a"Settlement"that is subject to the Virginia MOU,and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors, Janssen, Teva, Allergan,Walmart,CVS,Walgreens,and Kroger;and WHEREAS, the County's outside counsel has reviewed the available information about the proposed settlement with the Sackler family and the Purdue Pharma bankruptcy plan and has recommended that the County accept the bankruptcy plan and participate in the settlement,in order to recover its share of the funds that the settlement would provide; NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors,this 13'b day of August,2025,accepts the Purdue Pharma bankruptcy plan and approves of the County's participation in the proposed settlement of opioid-related claims against the Sackler family,and directs the County's outside counsel to execute the documents necessary to effectuate the County's participation in the settlement,including the required release of claims against the Sackler family,and accept the bankruptcy plan. RESOLUTION A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENTS OF OPIOID-RELATED CLAIMS AGAINST ALVOGEN,AMNEAL,APOTEX,HIKMA,INDIVIOR,MYLAN,SUN,AND ZYDUS AND THEIR RELATED CORPORATE ENTITIES,AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENTS WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Frederick County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Frederick County's various departments and agencies;and WHEREAS, Frederick County has been required and will continue to be required to allocate substantial taxpayer dollars,resources,staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Frederick County;and WHEREAS, eight settlement proposals have been negotiated that will cause eight opioids manufacturers, Alvogen,Inc.,Amneal Pharmaceuticals,Inc.,Apotex Corp,Hikma Pharmaceuticals USA,Inc.,Indivior Ina,Mylan Pharmaceuticals Inc, Sun Pharmaceutical Industries, Inc., and Zydus Pharmaceuticals (USA) Inc. (collectively the "Manufacturers")to pay approximately$720 million nationwide to resolve opioid-related claims against it;and WHEREAS,Frederick County has filed suit against certain of the manufacturers and their related corporate Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 33 entities for their role in the distribution,manufacture,and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Frederick County; and WHEREAS,the [County's/City's] suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the"Virginia MOU"), and affirms that these pending settlements with the Manufacturers shall be considered a"Settlement"that is subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors, Janssen, Teva,Allergan,Walmart,CVS,Walgreens,and Kroger; and WHEREAS,the County's outside opioid litigation counsel has recommended that the County participate in the eight settlements in order to recover its share of the funds that the Manufacturers settlements would provide; and WHEREAS,the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors, this 13'h day of August,2025,approves of the County's participation in the proposed settlements of opioid-related claims against the Manufacturers and their related corporate entities,and directs the County Attorney and/or the County's outside counsel to execute the documents necessary to effectuate the County's participation in the settlements,including the required release of claims against the Manufacturers. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn commented on the citizens who have expressed opinions about data centers. He referenced an anonymous letter saying it will be addressed by County staff. He discussed the current situation in Nigeria, where Christians are being targeted and killed. He encouraged everyone to contact his or her congressional representatives about the matter to raise awareness and seek federal intervention. Chairman Ludwig said he was not in favor of moving forward with studying the data center issue. COUNTY OFFICIALS REGIONAL BROADBAND PROJECT UPDATE County Administrator Michael Bollhoefer provided an update on the progress of the Regional Broadband project. He said the project is on track with the November 2024 rescope plan, which was approved to reduce the number of power poles requiring attachment. Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 34 SUPERVISOR WELLS REQUESTS AN UPDATE: CURRENT STATUS OF THE COUNTY'S NEW FIRE STATION #22 County Administrator Bollhoefer provided an update on the construction of Fire Station 22. At the request of Supervisor Wells, he said he would provide a list of the selected on-call contractors and their contact information. Supervisor Wells suggested that the Board have a representative on the fire station construction committee. SUPERVISOR WELLS REQUESTS AN UPDATE: CURRENT STATUS OF ARCHITECTURAL/ ENGINEERING REPRESENTATION/OVERSIGHT FOR UPCOMING COUNTY PROJECTS (4TH HIGH SCHOOL, TWO ELEMENTARY SCHOOL ADDITIONS AND FIRE STATION #22) County Administrator Bollhoefer explained the option for the County to use value engineering to review the fourth high school construction project. He said an on-call engineer firm had just provided a scope of services and a price of$94,000, and the Board could consider hiring the contractor. Supervisor Wells said he was not in favor of using value engineering for the fourth high school. Chairman Ludwig said he was in favor of using value engineering for the fourth high school. Supervisor Lockridge said she was in favor of using value engineering for the fourth high school because of the problems left after the Jordan Springs construction and the James Wood renovations building. Supervisor Dunn said having a Board member on the school construction committee would allow the Board to have knowledge of the project. Supervisor Liero said he was not in favor of using value engineering for the fourth high school but liked the idea of a Board liaison to the construction committee. Chairman Ludwig said the $94,000 cost could save much more over the project. Supervisor Slaughter said value engineering could save more than it costs, but she wished to have more time to review the option. Mr. Bollhoefer discussed the timing of the value engineering option, noting that with design work nearly finished, a Board decision would be needed within 30 days. Supervisor Lockridge noted that the suggestions included in the proposal show savings already found. Supervisor Lockridge moved to approve $94,000 for value engineering to review the plans for the Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 35 fourth high school. Vice Chairman Slaughter seconded the motion. The Board discussed the motion which 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 Jewell moved to not fund $94,000 for value engineering to review the plans for the fourth high school. Supervisor Liero seconded the motion. The Board discussed 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 No Josh E. Ludwig No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS THOMAS BOTTORF APPOINTED TO FREDERICK WATER BOARD OF DIRECTORS Chairman Ludwig moved to appoint Thomas Bottorf to the Frederick Water Board of Directors to fill a four-year term ending April 15, 2028. The motion, seconded by Supervisor Lockridge, carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell Aye Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No WILLIAM BYERS APPOINTED TO FREDERICK WATER BOARD OF DIRECTORS Chairman Ludwig moved to appoint William Byers to the Frederick Water Board of Directors to fill a four-year term ending April 15, 2028. The motion, seconded by Supervisor Lockridge,carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 36 JANET CLARKE APPOINTED TO FREDERICK WATER BOARD OF DIRECTORS Chairman Ludwig moved to appoint Janet Clarke to the Frederick Water Board of Directors to fill a four-year term ending April 15, 2029. The motion, seconded by Supervisor Lockridge,carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Supervisor Dunn moved to clarify that Mrs. Clarke's term will end April 15, 2029, while the other two appointees' terms will end April 15, 2028. The motion, seconded by Supervisor Lockridge, 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 CHERYL WHITTLE APPOINTED TO FREDERICK-WINCHESTER SERVICE AUTHORITY Supervisor Wells moved for the appointment of Cheryl Whittle to a 3-year term expiring August 31, 2028, on the Frederick-Winchester Service Authority. The motion, seconded by Supervisor Jewell, 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 No Josh E. Ludwig No Judith McCann-Slaughter Aye ERIC LAWRENCE REAPPOINTED TO FREDERICK-WINCHESTER SERVICE AUTHORITY Supervisor Jewell moved for the reappointment of Eric Lawrence to a 3-year term expiring January 11, 2028, on the Frederick-Winchester Service Authority. The motion, seconded by Supervisor Wells, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 37 John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye TODD LODGE REAPPOINTED TO CONSERVATION EASEMENT AUTHORITY—APPROVED Vice Chairman Slaughter moved for the reappointment of Todd Lodge to the Conservation Easement Authority for 3-year term expiring August 24, 2028, on the Conservation Easement Authority. The motion, seconded by Supervisor Wells, 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— None PUBLIC HEARINGS (NON-PLANNING ISSUES)— None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #03-25 FOR ROYAL KING TRUCK TRAILER PARKING (ROYAL KING TRUCK STOP LLC)- DENIED CONDITIONAL USE PERMIT#04-25 FOR ROYAL KING TRUCK TRAILER PARKING (ROYAL KING TRUCK STOP LLC) - DENIED Senior Planner Tyler Klein reviewed the request to rezone approximately 13.65 acres from the B2 (General Business) Zoning District and the B3 (Industrial Transition) Zoning District to the B3 (Industrial Transition) Zoning District with Proffers to develop tractor-truck and tractor-truck trailer parking. He said the subject properties are generally located at the terminus of Hopewell Lane and South of Hopewell Road(Route 672). Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 38 Robert Sproul of Harrison and Johnson, representing the Applicant, briefly addressed the Board. The Board and Mr. Klein discussed the possible future realignment of Hopewell Road. By consensus, the Board agreed to hold two public hearings (Rezoning 03-25 and Conditional Use Permit 04-25) simultaneously. Chairman Ludwig opened the public comment period. D'Ann Kenny, Gainesboro District, spoke in opposition to Rezoning 03-25 and Conditional Use Permit 04-25. Leslie Spencer, Gainesboro District, spoke in opposition to Rezoning 03-25 and Conditional Use Permit 04-25. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter moved to deny REZONING #03-25 AND CONDITIONAL USE PERMIT #04-25FOR ROYAL KING TRUCK TRAILER PARKING (ROYAL KING TRUCK STOP LLC). Supervisor Wells seconded the motion. The Board discussed the current zoning, truck traffic in the area, the updated proffers received from the Applicant, and possible ways the project could be brought back if denied. The motion to deny 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 No Josh E. Ludwig No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + REZONING #10-24 FOR WINCHESTER EAST AT OPEQUON CREEK (L. RIGGLEMAN-GROSS, R. CUSSEN, T VA WINCHESTER II LLC.) - DENIED Senior Planner Tyler Klein reviewed the request to rezone two (2) parcels totaling approximately 91.7 acres from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District with proffers to develop up to 319 single-family residential housing units. He said a recent physical survey of the property conducted by the applicant indicates that the two properties contain approximately 100.53 acres. Mr. Klein said the Planning Commission voted 8-2-1 to recommend denial of the proposed rezoning at their January 15 meeting, adding that the revised proffer statement(7/23/25) and GDP (7/23/25) are slightly different from the proffer statement presented to the Planning Commission in January 2025, since the July Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 39 2025 proposal includes more residential units, and a lesser commitment to partial construction of the major collector roadway (future Route 37). The Board and staff discussed the currently proffered road versus the one proffered in the previously withdrawn application, access for the new homes, and proffer amounts versus actual County fiscal impacts. Chairman Ludwig opened the public comment period. The following spoke in opposition to the Rezoning and planned development: Sally Farringer, Red Bud District Barbara Alfieri, Red Bud District Helene Gillespie, Red Bud District James Moulder Red Bud District Nicole Russell, Red Bud District Jaime Corralis, Red Bud District Leslie Spencer, Gainesboro District Chairman Ludwig closed the public comment period. Supervisor Dunn said the application was the most difficult for him to deal with in his 10 years on the Board. He said the County was in a difficult position between the option to rezone with proffers and the option for the applicant to use Transferred Development Rights to build the project with no proffer dollars gained by the County. He said neither was a good choice. Supervisor Dunn moved to approve REZONING #10-24 FOR WINCHESTER EAST AT OPEQUON CREEK (L. RIGGLEMAN-GROSS, R. CUSSEN, T VA WINCHESTER II LLC. Supervisor Jewell seconded the motion which failed on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell Aye Robert W. Wells No Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No + + + + + + + + + + + + + + RECESS At 11:11 p.m., the Board called a five-minute recess before continuing the meeting on a motion by Vice Chairman Slaughter, seconded by Supervisor Jewell, which carried on a voice vote. Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 40 + + + + + + + + + + + + + + 2020-2025 AGRICULTURAL AND FORESTAL DISTRICT UPDATE—APPROVED Mark Cheran, Zoning & Subdivision Administrator, presented the five-year (2025-2030) update to consider renewal of the Albin,Apple Pie Ridge, Back Mountain, Double Church,Green Spring, Hayfield, Long Creek Farm, North Frederick, Red Bud, Reliance, South Frederick, South Timber Ridge and White Hall Districts with a total of 17,617.95 Acres. He said properties that are incorporated into an Agricultural and Forestal District are guaranteed certain protection as specified in Section 15.2-4300 of the Code of Virginia. Chairman Ludwig opened the public comment period. No one addressed the Board. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter moved to adopt the resolutions designating the renewals of the existing Agricultural and Forestal Districts. Supervisor Jewell seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye 2025-2030 RENEWAL OF THE ALBIN AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts, and to renew the District. Therefore, the 2020-2025 renewal of the Albin Agricultural&Forestal District was updated and considered.The renewed District will contain 1,014.45+/_acres. The properties are located across North Frederick Pike(Route 522)to the north,Route 37 to the east,and Poorhouse Road (Route 664) to the west, and are identified by Property Identification Numbers 41-A-170,42-A-61,42-A-62,42-A- 180, 42-A-190, 42-A-191, 42-A-192, 42-A-193, 52-A-48, 52-A-49, 53-A-1, 53-A-2, 53-A-3, 53-A-69 in the Gainesboro Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval; and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Albin Agricultural&Forestal District on July 2,2025; and WHEREAS, the Board of Supervisors held a public hearing on the renewal of the 2022-2030 Albin Agricultural& Forestal District on August 13 2025;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2025-2030 Albin Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Albin Agricultural&Forestal District containing 1,014.45+/_acres in the Gainesboro Magisterial District, with an expiration date of August 13, Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 41 2030. The Agricultural&Forestal District is as described on the attached map dated March 26,2025 and the attached property owner's table. 2025-2030 RENEWAL OF THE BACK MOUNTAIN AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Back Mountain Agricultural & Forestal District was updated and considered. The renewed District will contain 489.91+/- acres. The property fronts Back Mountain Road (Route 600) and borders the Mountain Falls Subdivision to the west and is identified by Property Identification Number 58-A-32D in the Back Creek Magisterial District. This application was reviewed by the Agricultural District Advisory Committee(ADAC),and the Planning Commission during their regularly scheduled meetings;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this request at their meeting on April 15,2025,and recommended approval;and WHEREAS, the Planning Commission held a public hearing and recommended approval of the 2025-2030 Back Mountain Agricultural&Forestal District on July 2,2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Back Mountain Agricultural&Forestal District on August 13,2025;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2025-2030 Back Mountain Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Back Mountain Agricultural& Forestal District consisting of 489.9 1+/-acres in the Back Creek Magisterial District,with an expiration date of August 13, 2030. This Agricultural &Forestal District is as described on the attached map dated March 26, 2025, and the attached property owner's table. 2025-2030 RENEWAL OF THE APPLE PIE RIDGE AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts, and to renew the District. Therefore,the 2025-2030 renewal of the Apple Pie Ridge Agricultural&Forestal District was updated and considered. The renewed District will contain 936.03+/- acres.The properties are located across Payne Road(Route 663)to the north,Welltown Road(Route 661)to the east, Apple Ridge Road (Route 739) to the west, and Glendobbin Road (Route 673) to the south, and are identified by Property Identification Numbers 31-A-170, 31-A-171, 31-A-180,42-A-356, 42-A-357,43-A-4,43-A-11, 43-A-12, 43-A-13,43-A-14,43-A-69,43-A-70,43-A-10A,43-1-A1,43-1-A2,43-1-B1,43-11-4-1,43-11-4-2,43-11-4-3,43- 11-4-4,43-11-4-5,43-11-4-6,43-11-4-7,43-11-4-8,43-11-4-9,43-12-3-1,43-12-3-2 43-12-3-3,43-12-3-4,43-12-3- 5,43-12-3-6,43-12-3-7,43-12-3-8,43-12-3-9,43-12-3-10,43-12-3-11,43-12-3-12,43-12-3-13,43-12-3-14,43-12- 3-15,43-12-3-16,43-12-3-17,43-12-3-18 in the Stonewall Magisterial Districts. This application was reviewed by the Agricultural District Advisory Committee(ADAC),and the Planning Commission during their regularly scheduled meetings;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Apple Pie Ridge Agricultural&Forestal District on July 2,2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Apple Pie Ridge Agricultural&Forestal District on August 13,2025;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2025-2030 Apple Pie Ridge Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 42 NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Apple Pie Ridge Agricultural &Forestal District of 936.03+/-acres in the Stonewall Magisterial District,with an expiration date of August 13,2030. The Agricultural & Forestal District is as described on the attached map dated March 26, 2025, and the attached property owner's table. 2025-2030 RENEWAL OF THE GREEN SPRING AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural &Forestal Districts, and to renew the District. Therefore,the 2025-2030 renewal of the Green Spring Agricultural & Forestal District was updated and considered. The renewed District will contain 870.32+/- acres.The properties are located along Glaize Orchard Road(Route 682)to the south and Green Spring Road(Route 671)to the east and are identified by Property Identification Numbers 20-A-50,20-A-50A, 20-A-51,21-3-20,21-3- 21, 21-3-22, 21-3-23, 21-A-25, 21-A-36, 21-A-37, 22-A-45, 22-A-46, 22-A-47, and 22-A-49 in the Gainesboro Magisterial District;and this application was reviewed by the Agricultural District Advisory Committee(ADAC),and the Planning Commission during their regularly scheduled meetings;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Green Spring Agricultural&Forestal District on July 2,2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Green Spring Agricultural&Forestal District on August 13,2025;and WHEREAS,the Frederick County Board of Supervisors fords the renewal of the 2025-2030 Green Spring Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Green Spring Agricultural & Forestal District of 870.32+/-acres in the Gainesboro Magisterial District,with an expiration date of August 13,2030. The Agricultural & Forestal District is as described on the attached map dated March 26, 2025, and the attached property owner's table. 2025-2030 RENEWAL OF THE HAYFIELD AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District.Therefore,the 2025-2030 renewal of the Hayfield Agricultural&Forestal District was updated and considered. The renewed District will contain 939.90+/-acres. The properties are located 2.5 miles west of the intersection of Route 50 and Hayfield Road(Route 600)and identified by Property Identification Numbers 39-A-2, 39-A-3, 39-A-5, 39-A-7, 39-A-89, and 50-A-111 in the Gainesboro Magisterial District;and this application was reviewed by the Agricultural District Advisory Committee(ADAC),and the Planning Commission during their regularly scheduled meetings;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Hayfield Agricultural&Forestal District on July 2,2025;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Hayfield Agricultural &Forestal District on August 13,2025;and WHEREAS,the Frederick County Board of Supervisors fords the renewal of the 2025-2030 Hayfield Agricultural& Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 43 The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Hayfield Agricultural&Forestal District of 939.90+/-acres in the Gainesboro Magisterial District,with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated March 26,2025,and the attached property owner's table. 2025-2030 RENEWAL OF THE LONG CREEK FARM AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural &Forestal Districts, and to renew the District. Therefore,the 2025-2030 renewal of the Long Creek Farm Agricultural & Forestal District was updated and considered. The renewed District will contain 1,076.90+/- acres. The properties are located 'h mile west of the intersection of Shady Elm Road (Route 651) and Springdale Road(Route 649)and are identified by Property Identification Numbers 62-A-35,61-A-132,62-A-40,74- A-5,74-A-47,74-A-47A,74-A-48,74-A-51,74-A-52,74-A-53,74-A-65,74-A-66 and 74-A-75A in the Back Creek Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Long Creek Farm Agricultural&Forestal District on July 2,2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Long Creek Farm Agricultural&Forestal District on August 13,2025;and WHEREAS, the Frederick County Board of Supervisors fords the renewal of the 2025-2030 Long Creek Farm Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Long Creek Farm Agricultural &Forestal District of 1,076.90+/-acres in the Back Creek Magisterial District,with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated March 26,2025,and the attached property owner's table. 2025-2030 RENEWAL OF THE RED BUD AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District.Therefore,the 2025-2030 renewal of the Red Bud Agricultural&Forestal District was updated and considered.The renewed District will contain 1,201.43+/-acres.The properties are located along Red Bud Road(Route 661)and are identified by Property Identification Numbers 43-A- 154,43-A-155,43-A-157,43-A-159, 43-A-159A,44-A-25B,44-A-28C,44-A-28D,44-A-40,44D-2-6,54-A-1,54- A-113,54-A-IC, 54-A-86,54-A-87,54-A-88,54-A-89C, 54-A-90,54-A-99F,54-A-99P,54-A-99Q, 54-A-99R, 54- A-99S,55-A-3,55-A-4,55-A-5,55-A-5A,55-A-513,55-A-5C,55-A-6,55-A-7,55-A-7A,55-A-713,55-A-7C,55-A- 71), 55-A-7E, 55-A-8, 55-A-12, 55-A-12A, 55-A-106A, 55-A-107, 55-A-107A, 55-A-10913, 55-A-115, 55-A-117, 55-A-138, 55-A-139, 55-A-129A, 55-A-151, 55-A-151A, 55-A-152, 55-A-177, 55-A-178, 55-A-178A, 55-A-179, 55-A-181A,55-A-181B,55-A-182D,and 56-A-18A in the Red Bud and Stonewall Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Red Bud Agricultural&Forestal District on July 2,2025;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Red Bud Agricultural Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 44 &Forestal District on August 13,2025;and WHEREAS,the Frederick County Board of Supervisors fords the renewal of the 2025-2030 Red Bud Agricultural& Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County, NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Red Bud Agricultural&Forestal District of 1,201.43+/-acres in the Red Bud and Stonewall Magisterial District,with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated April 4,2025,and the attached property owner's table. 2025-2030 RENEWAL OF THE RELIANCE AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District.Therefore,the 2025-2030 renewal of the Reliance Agricultural&Forestal District was updated and considered. The renewed District will contain 221.50+/-acres. The properties front Huttle Road (Route 636)and Headley and are identified by Property Identification Numbers 92-A- 17,92-A-18,92-A-19,92-A-25,92-A-26,and 92-A-27 in the Opequon Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Reliance Agricultural&Forestal District on July 2,2025;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Reliance Agricultural &Forestal District on August 13,2025;and WHEREAS,the Frederick County Board of Supervisors fords the renewal of the 2025-2030 Reliance Agricultural& Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Reliance Agricultural&Forestal District of 221.50+/-acres in the Opequon Magisterial District, with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated March 26,2025,and the attached property owner's table. 2025-2030 RENEWAL OF THE SOUTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT WHEREAS,the Code of Virginia requires localities every five years to evaluate,add,renew,or remove properties from its Agricultural&Forestal Districts,and to renew the District.Therefore,the 2025-2030 renewal of the South Frederick Agricultural&Forestal District was updated and considered. The renewed District will contain 5,905.84+/-acres. The properties are located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631) and Hites Road(Route 625) and are identified by Property Identification Numbers 52-A-124A, 52-A-300, 60-A-20, 60-A-73,60-A-73B,60-A-75,60-A-89,61-A-7, 61-A-8, 61-A-8A, 61-A-9, 61-A-10,61-A-13, 61-A-15, 61-A-17, 61-A-21,61-A-22,61-A-23,61-A-24, 61-A-23A, 61-A-25, 61-A-26, 61-A-27, 61-A-29, 61-A-31, 61-A-37, 61-A- 40, 61-A-41,61-A-42,61-A-43E,61-A-44, 61-A-45, 61-A-46A, 61-A-96, 61-A-96D,61-A-106,61-A-107,61-A- 116, 61-A-117, 61-A-118, 61-A-119,61-A-120,61-A-126, 61-A 126A, 61-A-127,61-A-127A,61-A-I�8 61-A- 129,61-A-130,61-A-131,62-A-21, 62-A-26,62 A 27,62 A 28,62-A-34, 62-12-5-46,62-12-5-47, 62-12-5-48, 62-12- 5-49, 62-12-5-50, 62-12-5-51, 62-12-5-5262-12-5-53, 62-12-5-54, 62-12-5-65, 62-12-5-66,62E-1-3-14, 62E-1-6- 25,62E-1-6-26,62E-1-6-27, 72-A-22, 72A-23,72-A-24, 72-A-26, 72-A-29L,72-A-3, 72-A-29D, 72-A-44, 72-A- 46, 72-A-45, 72-A-53, 72-A-54, 72-A-58, 72-A-59, 72-A-82, 72-A83,73-A-4, 73-A-4A, 73-A-9,73-A-10,73-A-1 OA,73-A-13A, 73-A-16,73-A-17,73A20,73-A-24,73-A-27,73-A-28,73-A-29,73Ar3Q73-A-30B,73A-3(E�73-A-30H, 73-A-30I, 73-A-30J,73-A-300, 73-A-30P, 73-A-34, 73-A-39,73-A-63, 73-A-64A,73-A-88,73-A-90B,73-A-94, Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 45 73 73AYA73A!rl73"73A%�&L'z,t7315 /3-A-100,73-A-103,73-A103A,73-12-11,73-12-23,73-14-1-6,73-14-1-7,73- 15-1, 73-15-2, 74-A-3, 74-A-12, 74-A-15B, 74-A-36B, 74-A-36B, 74-A-36C, 83-A-81A,83-A-87,83-A-100, 84- A-113, 84-A-2, 84-A-6, 84-A-6D, 84-A-40, 84-A-40A, 84-A-41, 84-A-42A, 84-A-44, 84-A-53, and in the Back CreekMagisterialDistrict;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 South Frederick Agricultural&Forestal District on July 2,2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 South Frederick Agricultural&Forestal District on August 13,2025;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2025-2030 South Frederick Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 South Frederick Agricultural& Forestal District of 5,905.84+/-acres in the Back Creek Magisterial District, with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated May 13,2025,and the attached property owner's table. 202.5-2030 RENEWAL OF THE WHITE HALL AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural &Forestal Districts, and to renew the District. Therefore,the 2025-2030 renewal of the White Hall Agricultural&Forestal District was updated and considered.The renewed District will contain 974.30+/-acres. The properties are located generally on Wright Road (Route 661) and Apple Pie Ridge Road (Route 739) and are identified by Property Identification Numbers 22-A-58,22-A-63,22-A-64,22-A-65,23-A-3,23-A-4 and 32-A-68A in the Gainesboro Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 White Hall Agricultural&Forestal District on July 2,2025;and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2025-2030 White Hall Agricultural &Forestal District on August 13,2025;and WHEREAS,the Frederick County Board of Supervisors fmds the renewal of the 2025-2030 White Hall Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 White Hall Agricultural & Forestal District of 974.30+/-acres in the Gainesboro Magisterial District,with an expiration date of August 13,2030. The Agricultural & Forestal District is as described on the attached map dated March 27, 2025, and the attached property owner's table. 2025-2030 RENEWAL OF THE DOUBLE CHURCH AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2025-2030 renewal of the Double Church Agricultural & Forestal District was updated and considered. The renewed District will contain 693.87+/- acres. This District is located in the Opequon Magisterial District and are identified by Property Identification Numbers 86-A-71,86-A-38,86-A-44,86-A-230,86-A-231,86-A-27,85-A-125,85-A-130,85-A-131,85-A-132,85- Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 46 A-139A,85-A-139,86-A-71B,86-A-72B,86-A-230A,86-A-230D and 86-A-42 in the Opequon Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 Double Church Agricultural&Forestal District on July 2, 2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 Double Church Agricultural&Forestal District on August 13,2025;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of this 2025-2030 Double Church Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 Double Church Agricultural& Forestal District containing 693.87+/-acres in the Opequon Magisterial District,with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated April 4,2025,and the attached property owner's table. 2025-2030 RENEWAL OF THE NORTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2025-2030 renewal of the North Frederick Agricultural&Forestal District was updated and considered.The renewed District will contain 1929.41+/- acres.The properties are generally located west of the intersection of North Frederick Pike(Route 522)along North Sleepy Creek Road(Route 734)and Bloomery Pike(Route 127)and are identified by Property Identification Numbers 03-A-4,03-A-27,03-A-27A,05-1-3,05-1-3A,05-1-4,05-A-5,05-A-6,05-A-10 06-A-10,06-A-IOB, 10-A-1, 10-A- 15, 10-A-31, 10-A-31A and 10-A-31B in the Gainesboro Magisterial District;and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025 and recommended approval;and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 North Frederick Agricultural&Forestal District on July 2,2025;and WHEREAS, the Board of Supervisors held a public hearing on this renewal of the 2025-2030 North Frederick Agricultural&Forestal District on August 13,2025;and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2025-2030 North Frederick Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 North Frederick Agricultural& Forestal District of 1,929.4 1+/-acres in the Gainesboro Magisterial District, with an expiration date of August 13, 2030. The Agricultural&Forestal District is as described on the attached map dated March 26,2025 and the attached property owner's table. 2025-2030 RENEWAL OF THE SOUTH TIMBER RIDGE AGRICULTURAL&FORESTAL DISTRICT WHEREAS, the Code of Virginia requires localities every five years to evaluate, add,renew, or remove properties from its Agricultural&Forestal Districts,and to renew the District. Therefore,the 2025-2030 renewal of the South Timber Ridge Agricultural & Forestal District was updated and considered. The renewed District will contain 1,361.09+/- acres. The properties are located generally along Hollow Road (Route 707) to the north, Muse Road Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 47 (Route 610) and Gold Orchard Road (Route 708) to the east and are identified by Property Identification Numbers 26-A-42,26-A-43,26-A-43A,26-A-45,26-A-46,26-A-49,26-A-50,26-A-61,26-A-61A,26-A-62,26-A-63,26-A- 64, 26-A-65, 27-A-7, 37-A-1, 37-A-IA, 37-A-8, 37-A-47, 37-A-58, 37-A-59, 37-A-60, 7-A-63, 37-A-65, 37-A-73 and 37-A-74 in the Gainesboro Magisterial District; and WHEREAS,The Agricultural District Advisory Committee(ADAC)discussed this District renewal at their meeting on April 15,2025,and recommended approval; and WHEREAS,the Planning Commission held a public hearing and recommended approval of the renewal of the 2025- 2030 South Timber Ridge Agricultural&Forestal District on July 2,2025; and WHEREAS,the Board of Supervisors held a public hearing on this renewal of the 2025-2030 South Timber Ridge Agricultural&Forestal District on August 13,2025; and WHEREAS, the Frederick County Board of Supervisors finds the renewal of the 2025-2030 South Timber Ridge Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts and renews the 2025-2030 South Timber Ridge Agricultural&Forestal District of 1,361.09+/-acres in the Gainesboro Magisterial District,with an expiration date of August 13,2030. The Agricultural&Forestal District is as described on the attached map dated April 22,2025,and the attached property owner's table. + + + + + + + + + + + + + + 2025-2030 CAPITAL IMPROVEMENT PLAN (CIP) MINOR UPDATE-APPROVED Assistant Planning Director John Bishop explained the staff request for action from the Board of Supervisors regarding a minor update to the CIP in support of several funding requests that are currently on file with VDOT. He said the projects are already conceptually included in the Comprehensive Plan, and specific inclusion into the CIP will assist the applications in being more competitive. He listed the projects as follows: 1. Route 50 at Back Mountain Road R-cut Intersection Revenue Sharing Program 2. Tasker Road Multiuse Path from Warrior to Cross Keys Circle Transportation Alternatives 3. Westminster Canterbury Drive at Route 522 Crossing installation Transportation Alternatives Chairman Ludwig opened the public comment period. No one addressed the Board. Chairman Ludwig closed the public comment period. Vice Chairman Slaughter Jewell moved to approve the minor update to the CIP and the inclusion of the three identified projects. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 48 Judith McCann-Slaughter Aye RESOLUTION AMENDING THE 2025-2030 CAPITAL IMPROVMENTS PLAN(CIP) WHEREAS, the Frederick County Transportation Committee (TC) discussed the 2025-2030 Capital Improvements Plan(CIP)transportation amendments at their regular meeting on July 28,2025. The TC recommended approval of the CIP; and, WHEREAS, the Frederick County Planning Commission discussed the 2025-2030 CIP at their regular meeting on August 6, 2025, and recommended approval of the CIP amendments to transportation affirming that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS,the Frederick County Board of Supervisors held a public hearing and discussed the CIP at their regular meeting on August 13,2025;and WHEREAS,the Frederick County Board of Supervisors supports the priorities shown in the 2025-2030 CIP and has affirmed the determination of the Planning Commission that the projects contained in the CIP conform to the Comprehensive Plan; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2025-2030 CIP for Frederick County,Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS REQUEST FROM THE PLANNING COMMISSION TO DIRECT STAFF TO COMPILE AND PROVIDE ADDITIONAL INFORMATION REGARDING THE IMPACT OF DATA CENTERS LOCATING IN FREDERICK COUNTY-APPROVED Planning Director Wyatt Pearson explained the request for a data center fact sheet that addresses the following information: What is a data center and what are the typical impacts, site selection criteria, optimal size and location, water usage and recycling options, job creation numbers, noise and frequency impacts, open space ratios, tax generation numbers and other implications. He noted that experts in various fields, such as Frederick Water, the electric co-ops, and the Economic Development Authority (EDA) could be included to provide additional information to the Board. He said the EDA would then conduct community outreach meetings to assist the public in understanding the topic. Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 49 Supervisor Jewell said studying the data center topic needs to be done, and he moved to direct staff to proceed with the data center study and include the following partners: Frederick Water, the electric co-ops, and the Economic Development Authority. Supervisor Dunn seconded the motion. Supervisor Wells said the County and the Board need to decide what they want the County to be and whether data centers are wanted in the County. Supervisor Jewell said the planned community engagement piece will allow the public to become educated on the data center topic. Supervisor Liero said the request from the Planning Commission was for information and does not constitute an application for a rezoning or conditional use permit, and does not either approve or disallow any data centers. Supervisor Lockridge and Mr. Pearson discussed time constraints for staff to conduct the study, and water usage by recently approved industrial uses. Supervisor Dunn said he supported gathering information on the topic. Chairman Ludwig said he will vote no because the County does not need to be changed by data centers to increase revenues, but rather the County needs to control spending. Supervisor Dunn noted the revenues from data centers are significant, with perhaps$90 million a year resulting from a data center on two square miles in a county of about 240 square miles. Supervisor Jewell's motion to approve the request for a data center fact sheet carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Liero provided an update from the Planning Commission. Supervisor Jewell provided updates from Fire & Rescue and the Extension Leadership Council. Chairman Ludwig said the Frederick Water Board will meet very soon and requested that staff notify the new appointees as soon as possible. Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 50 CITIZEN COMMENTS James Moulder, Back Creek District, thanked the Chairman and Supervisor Lockridge for voting to support value engineering for the fourth high school. He said the rude comments directed at the Chairman at the last meeting were upsetting. BOARD OF SUPERVISORS COMMENTS Supervisor Liero commented on the first day of school. Supervisor Dunn repeated his earlier comments about the current situation in Nigeria where Christians are being targeted and killed. He encouraged everyone to contact his or her congressional representatives about the matter to raise awareness and seek federal intervention. Supervisor Dunn referenced the staff update on the public radio system and said he would like a discussion on the cost increases incurred because some tower sites have changed. Supervisor Dunn said he would like to discuss the County's transfer of development rights program with all of the stakeholders. Chairman Ludwig said he is worried about the County facing pressures, and said the Board needs to be strong. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 11:58 p.m. Judith McCann-Slaughter Michael Bollhoefer Acting Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 51 Board of Supervisors Meeting Minutes of August 13, 2025 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, July 28, 2025 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Josh Ludwig Chair (Voting), Mollie Brannon (Voting), Robert Liero (Voting) and Donald Capps (Voting). Committee Members Absent: Brandon Monk(Voting) and Heather Lockridge (Voting) Staff Present: John Bishop,Assistant Director and Kathy Smith ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Minor Update-Capital Improvement Plan: The Committee recommends that Staff to proceed with the items presented for the minor update to the Capital Improvement Plan. Staff updated the Committee on several funding requests that are currently on file with VDOT. These projects are already conceptually included in the Comprehensive Plan. Specific inclusion into CIP will assist the applications to be more competitive.The projects are Route 50 at Back Mountain Road R-Cut intersection that is a Revenue Sharing Program, Task Road multiuse path from Warrior Drive to Cross Keys Circle that is a Transportation Alternative and Westminster Canterbury Drive at Route 522 crossing installation that is a Transportation Alternative project as well. The Committee was in agreement with the presented CIP request to be updated and included in the Transportation section of the completed CIP that will need the Board's approval. Quotes for Application Assistance and Gainesboro Road Design: The Committee recommends the Board of Supervisors authorize Staff to proceed with Timmons Group to assist with the pending VDOT Applications and Gainesboro Road Design project and designate funds from the Transportation Fund be used for these two projects: $882,124.00 with a 15%contingency for the Gainesboro Road design work, and $32,869.78 with a 15% contingency for the VDOT application assistance. ITEMS FOR INFORMATION ONLY: County Project Updates: Renaissance Drive:The roadway was opened on July 18,to traffic.Work will continue to finalize closure of the Springdale Road rail crossing. Other: SmartScale Results Update: Staff recommended the SmartScale applications for Gateway Drive Extension at the Intersection of Valley Mill Road and on Route 50 at Hayfield Road. These applications were adopted into the Six-Year improvement Program at the June Commonwealth Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia 52 Transportation Board meeting. VDOT Update: VDOT updated the Committee on the feedback from the residents during the design Public Hearing for Martinsburg Pike and Old Charlestown Road Roundabout that was held on July 22. Also, Supervisor Lockridge had received complaints from residents on the high grass along roadways. The VDOT staff are currently on schedule with the trimming of the grass. They had been behind because of all the weather-related issues. Minute Book 51 Board of Supervisors Regular Meeting ofAugust 13,2025 County of Frederick,Virginia