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HomeMy WebLinkAboutApril 22 2026 Regular Meeting Minutes 315 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 22, 2026 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: John F. Jewell, Chairman; Robert W. Wells, Vice Chairman; Robert T. Liero; Jason C. Aikens; Albert L. Orndorff; Michael D. Guevremont; and Gary R. Oates were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Andrew R. Fox, County Attorney; Karen Vacchio, Public Information Officer; Joe Wilder, Director of Public Works; Patrick Fly, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Jewell called the meeting to order at 7:00 p.m. INVOCATION Pastor John Van Drunen of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Supervisor Aikens moved to add an agenda item for an appointment to fill a vacancy on the Economic Development Authority. Supervisor Guevremont seconded the motion, which carried on a voice vote. Vice Chairman Wells moved for the adoption of the modified draft agenda. Supervisor Liero seconded the motion, which carried on a voice vote. CITIZEN COMMENTS Ross Hewett, Back Creek District, commented on the recent Public Works Committee report which Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 316 explained fee increases and the closure of one of the cells at the landfill. He said there is a trend toward bad planning and spending by the County regarding the landfill. + + + + + + + + + + + + + + ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Wells moved for the adoption of the consent agenda. Supervisor Guevremont seconded the motion, which carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye -Approval of Regular Meeting Minutes of April 8, 2026 - CONSENT AGENDA APPROVAL - Acceptance of Public Works Committee Report of March 31, 2026 -CONSENT AGENDA APPROVAL, Appendix 1 -The Director of Public Works requests a $50,000 General Fund supplemental appropriation representing funds for a new pet recreation area at the Animal Shelter. - CONSENT AGENDA APPROVAL -Approval of Revisions to County Code—Chapter 143—Stormwater/Erosion and Sediment Control Ordinance as Requested by the Public Works Committee - CONSENT AGENDA APPROVAL - Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation: LEVEL 1 PROPERTY SOLUTIONS LLC- $12,084.00, CONSENT AGENDA APPROVAL - Resolution for Changes in the Secondary System of State Highways: One Logistics Park- CONSENT AGENDA APPROVAL 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 Secondary Street Acceptance 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 Secondary Street Acceptance 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 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 317 Resolution for Changes in the Secondary System of State Highways: Raven Oaks CONSENT AGENDA APPROVAL 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 Secondary Street Acceptance 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 Secondary Street Acceptance 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. - Resolution of the Frederick County Board Of Supervisors Approving of the County's Participation in the Proposed Combined Settlement Agreement Resolving Opioid-Related Claims Against Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc; Morris And Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (Including its Subsidiaries Supervalu and Advantage Logistics) (Collectively Referred to as the Six Remnant Defendants), and Directing the County Administrator to Execute the Documents Necessary to Effectuate the County's Participation in the Settlement-CONSENT AGENDA APPROVAL A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED COMBINED SETTLEMENT AGREEMENT RESOLVING OPIOID-RELATED CLAIMS AGAINST ASSOCIATED PHARMACIES,INC. (AND AMERICAN ASSOCIATED PHARMACIES);J M SMITH CORPORATION;LOUISIANA WHOLESALE DRUG COMPANY,INC;MORRIS AND DICKSON CO.;NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY,INC.;AND UNITED NATURAL FOODS,INC. (INCLUDING ITS SUBSIDIARIES SUPERVALU AND ADVANTAGE LOGISTICS)(COLLECTIVELY REFERRED TO AS THE SIX REMNANT DEFENDANTS),AND DIRECTING THE COUNTY ADMINISTRATOR TO EXECUTE THE DOCUMENTS NECESSARY TO 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 six opioids defendants, Associated Pharmacies, Inc (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company,Inc.;Morris and Dickson Co.;North Carolina Mutual Wholesale Drug Company,Inc.;and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics) ("Six Remnant Defendants") to pay approximately$97,625,000 nationwide to resolve opioid-related claims by state subdivisions against it;and Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 318 WHEREAS,Frederick County will be entitled to a portion of the settlement proceeds despite not having filed suit against any of the Six Remnant Defendants;and WHEREAS,the County 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's outside opioid litigation counsel has recommended that the County participate in the Six Remnant Defendants settlement in order to recover its share of the funds that the settlement would provide; and WHEREAS,the County Attorney has reviewed the available information about the proposed settlement and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors,this 22nd day of April,2026,approves of the County's participation in the proposed settlement of opioid-related claims against the Six Remnant Defendants and their related corporate entities, and directs the County Administrator to execute the documents necessary to effectuate the County's participation in the settlement,including the required release of claims against the Six Remnant Defendants. -Resolution Ratifying the Declaration of an Emergency Ban on Open-air Burning -CONSENT AGENDA APPROVAL RESOLUTION RATIFYING DECLARATION OF AN EMERGENCY BAN ON OPEN-AIR BURNING WHEREAS,because of extreme atmospheric and drought conditions,the threat of wildfires due to minimum relative humidity, winds, and extremely low fuel moisture is increased, thereby facilitating the possibility of multiple and possibly large incidents that could threaten lives and property within Frederick County;and WHEREAS, following the identification of the above-stated circumstances, the Frederick County Fire Marshal, in coordination with the County Administrator, implemented emergency measures and declared an emergency ban on open-air burning effective Thursday,April 16,2026. NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors,pursuant to Chapter 45, Article II,Section 45-10E of the Code of Frederick County,ratifies the declaration of the emergency ban on open-air burning issued on Thursday,April 16,2026. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Oates noted an upcoming application for a data center on the property adjoining the Flying J retail operation in the northern part of the County. He said the property owner is his client, and he will recuse himself from any discussion or deliberation on the application. Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 319 COUNTY OFFICIALS DOUG RINKER APPOINTED TO FILL AN UNEXPIRED TERM ON THE ECONOMIC DEVELOPMENT AUTHORITY Supervisor Aikens moved to appoint Doug Rinker to fill the unexpired term ending September 11, 2026, on the Economic Development Authority. Vice Chairman Wells seconded the motion, which carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None COMMITTEE BUSINESS—None PUBLIC HEARINGS (NON PLANNING ISSUES) PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE COUNTY OF FREDERICK, VIRGINIA, AND H&R BLOCK EASTERN ENTERPRISES, INC. -APPROVED Deputy County Administrator Tibbs reviewed the proposed amendment to the existing lease agreement between the County of Frederick, Virginia, and H&R Block Eastern Enterprises, Inc.,for space located at 223 Sunnyside Plaza Drive. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Vice Chairman Wells moved to approve the amendment to extend the existing lease for an additional two years commencing on May 1, 2026, and expiring on April 30, 2028. Supervisor Guevremont seconded the motion which carried on a recorded vote as follows: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 320 + + + + + + + + + + + + + + GRANTING OF A UTILITY EASEMENT FOR LOT 10 OF ECHOTA TRAIL -APPROVED Chairman Jewel noted that Public Works Director Joe Wilder was in attendance and could answer any questions from the Board. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Supervisor Orndorff moved to approve the granting of a Utility Easement for Lot 10 of Echota Trail, identified by Frederick County, Virginia, Tax Map No.49A02 2 F, within the Back Creek Magisterial District. Supervisor Aikens seconded the motion, which carried on a recorded vote as follows: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye + + + + + + + + + + + + + + ORDINANCE—SALARIES OF THE BOARD OF SUPERVISORS (FY 2026-2027) -APPROVED Chairman Jewell opened the public comment period. Jay Marts, Gainesboro District, commented that the Board's salaries were much lower than those in nearby localities. Blaine Dunn, Red Bud District, spoke in favor of the Board having a salary increase. Chairman Jewell closed the public comment period. The Board discussed their salaries not having been adjusted for 25 years, even though the cost of living has continued to rise. Supervisor Oates moved to provide an increase of$3,000 per board member and to index the Board's annual increases to match the percentage salary increase County employees receive each year. Supervisor Aikens offered an amendment to add the Board salaries to be studied during the planned salary survey. Supervisor Oates agreed to amend his motion as stated. Vice Chairman Wells seconded the motion as amended, which carried on a recorded vote as follows: Michael D. Guevremont Aye Robert T. Liero Aye Minute Book 51 Board of Supervisors Regular Meeting ofApril22,2026 County of Frederick,Virginia 321 Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye ORDINANCE SALARIES OF THE BOARD OF SUPERVISORS FISCAL YEAR 2026-2027 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for the fiscal year beginning July 1, 2026, shall be as follows: Chairman, $13,800; Vice Chairman, $13,200; and Each Other Member of the Board of Supervisors at$12,000. Supervisor Oates suggested that the salaries of Planning Commission members also be reviewed as part of the upcoming salary survey. + + + + + + + + + + + + + + AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE XIV TRANSIENT OCCUPANCY TAX, SECTION 155-51 TAX IMPOSED, TO INCREASE THE TRANSIENT OCCUPANCY TAX FROM 3.5% TO 6%, EFFECTIVE JULY 1, 2026, - APPROVED County Administrator Bollhoefer explained that this ordinance updates the County Code to reflect the increase in the Transient Occupancy Tax from 3.5% to 6%, effective July 1, 2026, enacted as part of the Fiscal Year 2027 County budget. Supervisor Oates said he would like to see 1% of the increased revenue designated for Parks & Recreation. Supervisor Aikens said the Board and City of Winchester representatives need to review the joint Winchester-Frederick County agreement regarding Tourism. Chairman Jewell opened the public comment period. Leslie Spencer, Gainesboro District, spoke in support of the Transient Occupancy tax increase. Chairman Jewell closed the public comment period. Supervisor Aikens moved to adopt the Ordinance to Amend The Frederick County Code, Chapter 155 Taxation, Article XIV Transient Occupancy Tax, Section 155-51 Tax Imposed, to Increase the Transient Occupancy Tax From 3.5% to 6%, Effective July 1, 2026, and further moved that 0.5 percent of the tax revenue be earmarked for Parks& Recreation use. Supervisor Oates seconded the motion, which carried on a recorded vote as follows: Minute Book 51 Board of Supervisors Regular Meeting ofApril22,2026 County of Frederick,Virginia 322 Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye ORDINANCE April 22,2026 The Board of Supervisors of Frederick County,Virginia,hereby ordains that Frederick County Code,Chapter 155 Taxation,Article XIV Transient Occupancy Tax, Section 155-51 Tax Imposed be amended,effective July 1,2026, as follows(deletions shown in and additions shown in bold underline): CHAPTER 155 TAXATION Article XIV Transient Occupancy Tax § 155-51 Tax Imposed In addition to all other taxes of every kind now or hereafter imposed by law,there is hereby imposed and levied on each and every transient a tax equivalent to 4.4% 6%of the total amount paid for room rental by or for any such transient to any accommodation. + + + + + + + + + + + + + + AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE XIX MEALS TAX, SECTION 155-118 TAX IMPOSED, TO INCREASE THE MEALS TAX FROM 4% TO 6%, EFFECTIVE JULY 1, 2026: -APPROVED County Administrator Bollhoefer explained that this ordinance updates the County Code to reflect the increase in the Meals Tax from 4% to 6%, effective July 1, 2026, enacted as part of the Fiscal Year 2027 County budget. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Supervisor Aikens moved to adopt the Ordinance to Amend the Frederick County Code, Chapter 155 Taxation, Article XIX Meals Tax, Section 155-118 Tax Imposed, to Increase the Meals Tax from 4%to 6%, Effective July 1, 2026. Supervisor Liero seconded the motion, which carried on a recorded vote as follows: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye Minute Book 51 Board of Supervisors Regular Meeting ofApril22,2026 County of Frederick,Virginia 323 ORDINANCE Apri122,2026 The Board of Supervisors of Frederick County,Virginia,hereby ordains that Frederick County Code,Chapter 155 Taxation,Article XIX Meals Tax, Section 155-118 Tax Imposed be amended,effective July 1,2026, as follows (deletions shown in bbeelldd ssfibi—lraeffi—rmeaA and additions shown in bold underline): CHAPTER 155 TAXATION Article XIX Meals Tax § 155-118 Tax Imposed In addition to all other taxes and fees of any kind now or hereafter imposed by law,there is hereby levied and imposed on the purchaser of every meal served,sold or delivered in the County by a restaurant or caterer a tax equivalent to 4-OA 6%of the amount paid for the meal.There shall be no tax if the total amount paid is less than $0.50; on larger amounts,a fractional cent of tax due shall be rounded to the next higher cent. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor 0mclorff provided an update from the Planning Commission. Vice Chairman Wells provided an update from the Public Works Committee. Chairman Jewell provided an update from the Northern Shenandoah Valley Regional Commission. CITIZEN COMMENTS Kurt Creager, Back Creek District, commented on the legal memo distributed after the Board's closed session earlier in the evening. He suggested the Board could remove data centers from the zoning ordinance to a date certain, such as until after the updated comprehensive plan is adopted. Blaine Dunn, Red Bud District, asked the Board to consider whether the Transfer of Development Rights (TDR) program benefited the County or only benefited the landowners who sell the development rights. Leslie Spencer, Gainesboro District, asked the Board to wait for the updated comprehensive plan to be adopted before addressing the issue of allowing data centers in the County. Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 324 Kim Watt, Gainesboro District, addressed the earlier comment on the TDR program,saying that farmers did not create the program and are not abusing the program. Theresa Ostertag, Back Creek District, spoke in opposition to data centers being approved in the County. BOARD OF SUPERVISORS COMMENTS Supervisors Liero, Guevremont, and Aikens discussed the Transitional Occupancy tax, the need for updated facilities to host sports tournaments, and the need for a revenue stream to fund such improvements. Chairman Jewell announced the upcoming comprehensive plan update meeting. He announced the upcoming Apple Blossom Festival. ADJOURN On motion of Vice Chairman Wells, seconded by Chairman Jewell, the meeting was adjourned at 7:59 p.m. John F. Jewell Michael Bollhoefer 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 ofApril22,2026 County of Frederick,Virginia 325 Board of Supervisors Meeting Minutes of April 22, 2026 - Appendix 1 JOINT PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, March 31, 2026 9:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Bob Wells, Chair;John Jewell;Al Orndorff; Kevin Kenney; Gary Longerbeam; Gene Fisher Committee Members Absent: Ed Strawsnyder, Kris Tierney Staff present:Joe C. Wilder, Director of Public Works; Andy Fox,County Attorney; Mark Fleet, Building Official; Ron Kimble, Landfill Manager; Christina Tasker, Animal Shelter Manager; Gloria Puffinburger, Solid Waste Manager;Tracy Boyd,Assistant Animal Shelter Manager; Olivia Bryan, Environmental Inspector (Attachment 1) Agenda Packet (Attachment 2) Shawneeland Easement (Attachment 3) Animal Shelter Slide ITEMS REQUIRING ACTION 1. Discuss and review revisions to County Code—Chapter 143—Stormwater/Erosion and Sediment Control Ordinance. Last year, Frederick County was notified by the Virginia Department of Environmental Quality (DEQ) that we are required to obtain a Municipal Separate Storm Sewer System (MS4) stormwater permit. We obtained coverage last year and have been developing our program. We submitted the County's program plan and GIS mapping to DEQ in February 2026 for review. In order to comply with DEQ requirements, Frederick County Code, Chapter 143, must include a section about illicit discharges, which is a new requirement with an MS4 permit.Therefore, we have amended Chapter 143 to include a new definition "illicit discharge" and a new section 143-180 prohibitions Illicit Discharges.The included language is directly from state documents. The other change within the draft ordinance are updated DEQ VESMP permit fees.The new fee schedule becomes effective July 1, 2026. Frederick County collects these fees as part of our stormwater program and then DEQ bills their portion of the state fee.The state fees are shared between Frederick County and DEQ. After some additional discussions, Supervisor Jewell made a motion to recommend approval of the revised ordinance and to forward it to the Board of Supervisors for approval. The motion was unanimously approved by the committee. Acceptance of Utility Services Agreement—Shawneeland Sanitary District. homeowner in Shawneeland, a Mr. Thomas Curry wants to build on Lot 10 which is along Echota Trail. In providing electrical service to the lot, Shenandoah Valley Electrical Minute Book 51 Board of Supervisors Regular Meeting of April 22,2026 County of Frederick,Virginia 326 Coop (SVEC) is requesting a utility service easement from Frederick County for the placement of a future power pole on County owned property. (see attachment 2)The easement will allow SVEC to maintain the area around the power pole and service line. Since the land is owned by Frederick County a public hearing will be required and approval by the Board of Supervisors. The Public Works Committee has consensus to forward the easement request to the Board of Supervisors for review and approval. ITEMS FOR INFORMATION ONLY Update: MS4 Stormwater Program Development 3.The committee was updated on the development of the County's MS4 Program. The proposed program plan and GIS MS4 service area maps have been submitted to DEQ for review. Once the proposed FY 2027 budget is approved, we will move forward with getting a new position approved by the Human Resources Committee.The new title of Environmental Specialist needs to be added to the County's SAP. 4. Investigations—Out of Area Waste Haulers Landfill/Convenience Sites We continue to receive reports of out-of-area waste being disposed of at the Frederick County Landfill. In response to complaints, staff recently met with the County Sheriff and key staff along with the County Attorney. After discussions were held, the Sheriff has agreed to assist with enforcement of County Code Chapter 142. 5. Discussion— MSW/CDD Tipping Fees It has been clearly documented that we will reach capacity at our CDD Landfill, area 1 within the next 9— 12 months. We are currently developing and permitting area 2, but we don't anticipate having this area open for waste disposal until 2028. Once phase 1 of the CDD is at capacity all waste will have to be transported to the MSW Landfill. Once that occurs, all haulers regardless of waste type will have to pay the MSW tipping fees.The committee members and staff agreed that passing this information along to all landfill customers is very important. Staff will ensure this happens as we move into the summer of 2026. 6. Update— Roundhill/Magic Mountain Citizen Convenience Center Frederick County currently owns 1.40 acres of land where the Roundhill/Magic Mountain Citizen Convenience Center is located. We have operated the site for over 30 years. The tract of land was part of a large section of property owned by the Rhinehart Family.There is approximately nine (9) acres of land adjacent to our site that was recently sold. In order to access this adjacent property, access is through a 50-foot Ingress/Egress easement. Depending on new owners, we may have to coordinate access to this property, and it may impact on convenience site. I will keep the committee updated on any changes. 7. We discussed creating a Pet Recreation Area outside of the Animal Shelter within a large fenced area. We are proposing to create pods so multiple animals can be outside at one time, which will help in many ways. We requested $50,000 from the donation reserve and be placed in county budget to install fencing and purchasing new dog houses. Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia 327 A motion to approve the supplemental request in the amount of$50,000 was made by Committee Member Fisher. The motion was seconded by Supervisor Jewell.The request was unanimously approved by the committee.This request will be forwarded to the Finance Committee for further review and discussion. We also discussed several other items and community programs that the Animal Shelter staff is open to look into.The committee was very receptive and supported the possible programs. It was also suggested that we look into creating a committee that could support the Animal Shelter to discuss programs and community support. We will look into creation of a committee in the near future. Respectfully submitted, Public Works Committee Bob Wells John Jewell Al Orndorff Kris Tierney Gene Fisher Kevin Kenney Ed Strawsnyder Gary Longerbeam By: Joe C. Wilder Public Works Director JCW/amr Attachments: as stated cc: Michael Bollhoefer, County Administrator Jay Tibbs, Deputy County Administrator Andrew Fox, County Attorney Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Kevin Alderman, Shawneeland District Manager Christina Tasker, Animal Shelter Manager Mark Fleet, Building Code Official Jerry Elliott, Deputy Building Official Olivia Bryan, Environmental Inspector file Minute Book 51 Board of Supervisors Regular Meeting ofApril 22,2026 County of Frederick,Virginia