HomeMy WebLinkAboutDecember 8 2021 Regular Meeting Minutes 166
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, DECEMBER 8, 2021
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice
Chairman; Judith McCann-Slaughter; Blaine P. Dunn; J. Douglas McCarthy; Shawn L. Graber; and
David D. Stegmaier were present.
Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer;
Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning-Transportation;
Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Steve Majchrzak,
Fire Chief; Lenny Millholland, Sheriff; Nick Sabo, Director of the Regional Airport Authority; Seth
Thatcher, Commissioner of the Revenue; Rich Venskoske, Director of Elections/General Registrar;
Mike Marciano, Director of Human Resources; Scott Varner, Director of Information Technologies;
Patrick Fly, Assistant Director of Information Technologies; Patrick Barker, EDA Director; and Ann
W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Pastor Cal Lowder, Pastor Emeritus at Valley Bible Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA—APPROVED
The proposed agenda was amended by removing the item titled CONDITIONAL USE
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PERMIT#12-21 FOR HOLLOW ROAD SOLAR, LLC, and was adopted on a voice vote following
a motion by Supervisor McCarthy, seconded by Supervisor Graber.
CITIZEN COMMENTS
Wendy Dorsey, Gainesboro District, spoke in support of the Board exploring options to
construct an aquatics center and ice-skating rink.
Lynda Tyler, Stonewall District, said she was a member of the 2 for 2 Foundation Board
which is interested in partnering with the Board of Supervisors to acquire an aquatic center and
ice-skating rink.
ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for adoption of the consent agenda as presented. Supervisor
McCarthy seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Approval of Closed Session & Regular Meeting Minutes of November 10, 2021-CONSENT
AGENDA APPROVAL
-Acceptance of Finance Committee Report of November 17, 2021- CONSENT AGENDA
APPROVAL,Appendix 1
-Acceptance of Human Resources Committee Report of November 12, 2021- CONSENT
AGENDA APPROVAL,Appendix 2
-Acceptance of Parks & Recreation Commission Report of November 9, 2021- CONSENT
AGENDA APPROVAL,Appendix 3
-Acceptance of Public Works Committee Report of November 30, 2021-CONSENT AGENDA
APPROVAL,Appendix 4
-Acceptance of Transportation Committee Report of November 22, 2021- CONSENT AGENDA
APPROVAL,Appendix 5
-Approval of Request from the Commissioner of the Revenue for Refunds and
Supplemental Appropriations: Miller Honda - $14,900.07-CONSENT AGENDA APPROVAL
-Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the General
Election of November 2, 2021 - CONSENT AGENDA APPROVAL
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- Resolution for Addition to Secondary System of State Highways—Old Dominion Greens
— Phase II -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 Subdivision Street Requirements of the Virginia
Department of Transportation;and
WHEREAS,the County and the Virginia Department of Transportation have entered into an agreement on
June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and
NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation
to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,
pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of-way, as described,
and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Dunn noted that Juneteenth had been discussed earlier in the year. He said
the 13th Amendment was passed on December 6, 1865, and therefore that is the date when slavery
ended rather than Juneteenth.
COUNTY OFFICIALS
RECOGNITION OF EMPLOYEE OF THE YEAR SHEILA HARDEN
Chairman DeHaven recognized Sheila Harden as the Employee of the Year.
PRESENTATION BY ECONOMIC DEVELOPMENT DIRECTOR PATRICK BARKER
Patrick Barker, Economic Development Authority Director provided a recap of the EDA's
activities and programs over the past calendar year.
SETH THATCHER APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD—
APPROVED
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Vice Chairman Wells moved to appoint Seth Thatcher to fill an unexpired vacant term on
the Library Board ending 11/30/2024. Supervisor Stegmaier seconded the motion which carried
on a voice vote.
MOLLIE BRANNON APPOINTED TO PLANNING COMMISSION AS BACK CREEK
DISTRICT REPRESENTATIVE -APPROVED
Supervisor Graber moved to appoint Mollie Brannon to fill an unexpired vacant term ending
02/12/2024 as Back Creek District Representative on the Planning Commission. Supervisor
McCarthy seconded the motion which carried on a voice vote.
WILLIAM A ORNDOFF APPOINTED TO PLANNING COMMISSION AS STONEWALL
DISTRICT REPRESENTATIVE -APPROVED
Supervisor Slaughter moved to appoint William A. Orndoff to fill an unexpired vacant term
ending 02/12/2024 as Stonewall District Representative on the Planning Commission. Supervisor
Stegmaier seconded the motion which carried on a voice vote.
JAKE CARPENTER RECOMMENDED FOR APPOINTMENT TO BOARD OF
EQUALIZATION -APPROVED
Supervisor Slaughter moved to recommend to the Circuit Court that Jake Carpenter be
appointed to serve on the Board of Equalization. Vice Chairman Wells seconded the motion which
carried on a voice vote.
DUDLEY RINKER RECOMMENDED FOR REAPPOINTMENT TO BOARD OF
ZONING APPEALS -APPROVED
Supervisor Graber moved to recommend to the Circuit Court that Dudley Rinker be
reappointed to serve on the Board of Zoning Appels. Vice Chairman Wells seconded the motion
which carried on a voice vote.
KENNETH BAKER REAPPOINTED TO SHAWNEELAND SANITARY DISTRICT
ADVISORY BOARD - APPROVED
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Supervisor Graber moved to reappoint Kenneth Baker to a two-year term ending
12/11/2023 on the Shawneeland Sanitary District Advisory Board. Supervisor McCarthy seconded
the motion which carried on a voice vote.
BLAINE DUNN REAPPOINTED TO THE NORTHERN SHENANDOAH VALLEY
REGIONAL COMMISSION -APPROVED
Supervisor McCarthy moved to reappoint Supervisor Dunn to the Northern Shenandoah
Valley Regional Commission for a 4-year term ending 12/31/25. Supervisor Graber seconded the
motion which carried on a voice vote.
JUDITH MCCANN-SLAUGHTER REAPPOINTED TO THE REGIONAL JAIL
AUTHORITY -APPROVED
Supervisor McCarthy moved to reappoint Supervisor Slaughter to the Regional Jail
Authority for a 4-year term ending 12/31/25. Supervisor Dunn seconded the motion which carried
on a voice vote.
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COMMITTEE BUSINESS—FINANCE COMMITTEE
Supervisor Slaughter moved for approval of the following: The WRAA Executive
Director requests an Airport Capital Fund supplemental appropriation in the amount of$1,500,000
and a General Fund supplemental appropriation in the amount of$225,000 (pending grant award).
Vice Chairman Wells seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Supervisor Slaughter moved for approval of the following: The Zoning Administrator
requests a Development Projects Fund and a General Fund supplemental appropriation in the
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amount of$310,000. Supervisor McCarthy seconded the motion.
Supervisor Graber noted concerns about the County finishing a subdivision when a
contractor pulls out. Supervisor McCarthy agreed, adding that it is the County's responsibility to
the citizens to finish such projects when the contractor does not complete the work. The motion
carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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COMMITTEE BUSINESS — HUMAN RESOURCES COMMITTEE
Vice Chairman Wells moved for approval of the following: The Committee
recommends approval of proposed revisions to Frederick County Human Resources Policies V:
Recruitment, Selection and Employment, and XX: Non-Discrimination/Non-Harassment which are
being made to comply with changes to the Virginia Code in 2021. Supervisor Stegmaier seconded
the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
V. RECRUITMENT,SELECTION AND EMPLOYMENT
5.1 Equal Opportunity Employer and Open Competition
All positions covered by these policies shall be open to all persons who possess the requirements for the
positions as indicated in the official class specifications.The recruitment objective is to obtain well
qualified applicants for all vacancies with selection based on the best qualified person available at the
salary offered for the particular position.
It is the policy of Frederick County to comply with all federal and state laws providing for
nondiscrimination in employment regarding qualified individuals with disabilities.Frederick County will
not discriminate against qualified individuals,including those who are pregnant and/or have pregnancy
related medical conditions,in regard to recruiting,hiring,promotion,termination,layoff,recall,transfer,
compensation,training or other terms,conditions and privileges of employment.
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Frederick County will provide reasonable accommodation for qualified individuals with disability in
accordance with state and federal law.Please also see Section XX for more information reuardin
reasonable accommodation.
Frederick County further provides equal employment opportunities to all applicants for employment and
prohibits discrimination and harassment of any type with regard any trait or characteristic protected by
federal,state or local laws. This policy applies to all terms and conditions of employment,including
recruiting,hiring,promotion,termination,layoff,recall,transfer,compensation,training or other terms,
conditions and privileges of employment.For a list of classes currently protected by state and federal laws,
please see the addendum to Section XX.
5.2 Original Employment
An individual starting employment with the County for the first time shall,except as described below,
usually be placed at the bof the pay range established for the class in which he/she is employed
and that employment date should be defined as his date of hire. Based on a new employee's prior
experience,proficiency,and other relevant criteria in the same or related capacity,placement may be
accelerated within the assigned range upon approval of the County Administrator within current budget
restraints. Appointments may be made below the minimum for a person who lacks the desired
qualifications of the position;such persons are considered Trainees until such time as they acquire the
minimum qualifications,at which time they are advanced to the normal entrance salary of the position.
5.3 Reemployment
When an individual is re-employed after a separation of thirty(30)or more calendar days,a new date of
hire shall be established for computation of all merit increases and other salary adjustments. A returning
employee who is re-employed will,except as described below,be placed at the betdiminA of the position's
approved pay range. Based on the returning employee's prior proficiency and experience in the same or
related capacity,an acceleration of up to and including themid of the assigned range may be made
upon recommendation by the Department Head and approval of the County Administrator.All time earned
in previous employment shall not be counted toward the probationary period,annual leave,service awards,
or any other longevity based program or benefit.Rather,only that time earned following actual re-
employment shall be counted.
5.4 Reinstatement
An individual returning to the employ of the County within thirty(30)or less calendar days of separation,
shall return to duty in the same position and class subsequent to the approval of the Department Head and
the County Administrator. The appropriate placement within the approved range of the class for all
reinstated employees shall be determined by the County Administrator. Hire dates for all reinstated
employees will remain the same as that associated with prior employment. All time earned previous to
reinstatement shall be counted toward the probationary period,annual leave,service award,or any other
longevity based program or benefit. Additionally,accrued paid leave will be utilized to cover the actual
time missed prior to reinstatement.Should paid leave not be available,leave without pay will be utilized to
cover the actual time missed prior to reinstatement.
5.5 Temporary Employment
Persons may be employed to temporary positions without commitment as to tenure. Temporary employees
may be part-time or full time,not eligible for benefits,and subject to re-evaluation by Department Head.
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5.6 Temporary Appointments
Persons may be appointed to temporary positions without commitment as to tenure.Temporary
appointments are for full time,benefit eligible positions and subject to re-evaluation by Department Head.
Temporary appointments are also eligible for a salary increase with the approval of the Department Head
and County Administrator.
5.7 Reclassification
When such a position cannot accurately be described or compensated by assignment to an existing class or
position,the County Administrator shall establish a new class or position,based upon written
documentation submitted by the Department Head,with appropriate range and title,subject to approval by
the Board of Supervisors. A reclassification is the assignment of the employee's regular and continuing
duties to a descriptive and commensurate class or position. Reclassification does not adjust the employee's
hire date.
5.8 Promotion
Based upon recommendation by the Department Head,employees may be considered for promotion and
their salary may be adjusted.The County Administrator shall have the final authority to approve such
promotions and any corresponding salary adjustments. The effective date of all promotions will be the first
day of the month in which the promotion takes place. Employees who are promoted and are eligible for a
merit evaluation may receive the scheduled merit increase.
5.9 Transfer Between Departments
When an employee makes a transfer between departments,no change of status or hire
date occurs.
5.10 Appointing Authorities
The appointing authority is the person or group of persons having authority to make appointments under
the laws of the State and the County. Each Constitutional Officer is the appointing authority for his
department.The County Administrator approves appointments for all other positions covered by these
policies;additionally,the Board of Supervisors appoints the County Administrator and the County
A e .
XX. NON DIS=YENATION NON HARASSMENT
Frederick County is committed to a work environment in which all individuals are treated with respect and dignity.
Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and
prohibits discriminatory practices,including harassment.Frederick County prohibits discrimination,including
harassment,on any illegal basis.The types of prohibited discrimination and/or harassment can be subject to change
under the law.The addendum to this policy identifies the current forms of prohibited discrimination and harassment.
The Human Resources Department will update the addendum as necessary consistent with changes in the law.Any
employee found to have engaged in prohibited discrimination or harassment will be subject to discipline,up to and
including termination.
Reasonable Accommodation Under the American with Disabilities Act(ADA)and the Virginia Human Rights Act
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Frederick County prohibits discrimination or harassment based upon an employee's disability,or his/her being
regarded as having a disability,and provides reasonable accommodations as required by the ADA and Virginia law.
A person with disability means any person who has a physical or mental impairment that substantially limits one or
more of his or her mai or life activities or who has a record of that impairment.Frederick County will not,in response
to a request for reasonable accommodation:(1)take adverse action against an employee,(2)deny employment or
promotions,or(3)require an employee to take leave if another reasonable accommodation can be provided.
Employees with disabilities may make requests for reasonable accommodations to the Director of Human Resources.
Upon doing so,we may ask you for your input or the type of accommodation you believe may be necessary or the
functional limitations caused by your disability. It is your responsibility to cooperate with management and engage
in this interactive process. The relevant management,identified as having a need to know,will determine the
feasibility of the requested accommodation in light of American with Disabilities Act and any Virginia guidelines.
We will inform you of our decision on the accommodation request or on how to make the accommodation. Also,
when appropriate,we may need your permission to obtain additional information from your physician or other
medical or rehabilitation professionals.
Disaiminat on on the Basis of Pregnancy,Childbirth,and Related Medical Conditions
Frederick County prohibits discrimination on the basis of pregnancy,childbirth,and pregnancy-related medical
conditions,to include lactation.This prohibition extends to all areas of employment,including hiring,firing,
promotion,compensation,and benefits.Prohibited discrimination includes,but is not limited to:
• Refusing to hire an employee on the basis of pregnancy,childbirth,or related medical conditions;
• Denying a promotion to an employee on the basis of pregnancy,childbirth or related medical conditions
because the employer would have to make reasonable accommodations for those conditions;
• Failing to provide reasonable accommodations to employees who are pregnant,have given birth,or have
related medical conditions,to include lactation;
• Taking adverse action against an employee who requests or uses a reasonable accommodation related to
pregnancy,childbirth or related medical conditions;and
• Requiring an employee to take leave for a pregnancy,childbirth,or related medical conditions when
another reasonable accommodation is available to the employee.
It is further Frederick County's policy to offer reasonable accommodations to employees on the basis of pregnancy,
childbirth,and related medical conditions.Such accommodations include,but are not limited to:
• more frequent or longer bathroom breaks;
• breaks to express breast milk;
• access to a private location other than a bathroom for the expression of breast milk;
• acquisition or modification of equipment or access to or modification of employee seating;
• a temporary transfer to a less strenuous or hazardous position;
• assistance with manual labor;and
• job restructuring,a modified work schedule,light duty assignments,and leave to recover from childbirth.
Harassment
For purposes of this policy,harassment includes verbal or physical conduct that denigrates or shows hostility toward
an individual or conduct that creates an intimidating,hostile,or offensive working environment for an individual
because of the individual's protected class.Such conduct may include,but is not necessarily limited to,slurs,
epithets,threats,derogatory comments or visual depictions,unwelcome jokes and teasing,stereotyping,insulting or
obscene comments or gestures,display or circulation in the workplace of written or graphic material that denigrates
or shows hostility toward the individual or group,or other verbal or physical actions relating to an individual's
protected class.
Because there is often confusion related to the meaning of sexual harassment,it deserves additional clarification.
Sexual harassment includes any unwelcome sexual conduct(including sexual advances,requests for sexual favors,
and other verbal and physical conduct of a sexual nature)when(1)submission to the conduct is an explicit or implicit
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term or condition of employment,(2)submission to or rejection of the conduct is used as the basis for an employment
decision affecting the individual,or(3)the conduct has the purpose or effect of unreasonably interfering with an
individual's work performance,or creating an intimidating,hostile,or offensive working environment.
Sexual harassment can take many forms.The following is a partial list of the types of behavior that could constitute
sexual harassment:
• Unwanted or unwelcome physical contact or conduct of any kind,including patting,pinching,brushing up
against,hugging,cornering,kissing,fondling,or any other similar physical contact;
• Verbal abuse of a sexual nature,including sexual flirtations,advances,propositions,sexual innuendoes,or
sexually suggestive,insulting,or graphic comments,noises,or sounds;
• Sexually explicit,suggestive,or offensive jokes;
• Demeaning,insulting,intimidating,or sexually suggestive comments about an individual's dress,body,
appearance,or personal life;
• The display or distribution in the workplace of demeaning,insulting,intimidating,or sexually suggestive
objects or pictures,including nude photographs,drawings,or magazine pictures;and
• Demeaning,insulting,intimidating,or sexually suggestive written,recorded,or electronically transmitted
messages.
To violate the law,harassment must be serious in nature,be repeated,and/or have an impact on employment.This
policy,however,not only prohibits unlawful harassment,but also offensive conduct that is contrary to Frederick
County's professional expectations for its employees.Thus,Frederick County may take action to address offensive
behavior or statements based on a person's protected class even if such action(s)standing alone would not rise to the
level of unlawful harassment.
Repotting Obligations
Any employee who feels he or she has been subjected to or has witnessed any kind of discrimination or harassing
behavior as described in this policy should immediately notify his or her supervisor or Department Head.In addition,
if for any reason an employee is not comfortable with reporting harassment to his or her supervisor or Department
Head,including but not limited to instances in which the supervisor or Department Head is engaging in or allowing
the harassment,an employee may always instead opt to notify the Director of Human Resources.A supervisor who
becomes aware of any harassment,or who receives allegations of harassment from any employee,must immediately
advise the Director of Human Resources.
Investigahion
All complaints will be investigated in a timely manner and confidentiality will be maintained to the extent permitted
by the circumstances consistent with the need to investigate and address the issue.Employees must cooperate fully
and truthfully in any investigation relating to this policy.Depending on the results of the investigation,Frederick
County may take corrective action,including such discipline as is appropriate,up to and including immediate
termination of the employee.
Retaliation Prohibited
Frederick County forbids retaliation against any employee for making a good faith complaint or cooperating fully and
truthfully in an investigation under this policy.Any employee who is found to have engaged in retaliation in violation
of this policy will be subject to discipline,up to and including termination.If an employee believes he or she has
been retaliated against in violation of this policy,the employee must report such violation in the same way other
violations of this policy are reported.
Individuals and Conduct Covered
This policy prohibits harassment,discrimination,and retaliation whether engaged in by,or directed at,employees,
contractors,clients,vendors,or others an employee may come into contact with while working or representing the
County.Conduct prohibited by this policy is unacceptable in the workplace and in any work-related setting outside
the workplace,such as during business trips,business meetings,and business-related social events.
ADDENDUM REGARDING NON-DISCRDvl]NATION/NON-HARASSMENT
Issued by Human Resources Department,July 2020
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In keeping with Frederick County's commitment to a work environment in which all individuals are treated with
respect and dignity,discrimination and/or harassment on the following bases is prohibited:
• Race,to include discrimination on the basis of traits historically associated with race,including hair
texture,hair type,and protective hairstyles such as braids,locks,and twists
• color
• religion
• sex
• national origin
• pregnancy,childbirth,medical conditions related to pregnancy or childbirth
• age
• marital status
• disability
• military service
• veteran status
• gender identity
• sexual orientation
• genetic information(such as information that could be used to determine an employee's risk for disease).
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Vice Chairman Wells moved for approval of the following: The Committee
recommends approval of the proposed replacement text for Frederick County Human Resources
Policy XIX: Driver Authorization Policy which has been reviewed by the County's insurance
provider. Supervisor Stegmaier seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
XIX. DRIVER AUTHORIZATION POLICY
A. Purpose: This policy applies to County employees who operate a vehicle on County business.This
policy provides guidelines for the County and its employees to protect the safety of County
employees and citizens.
B. Definition of Terms
I. County vehicle:Any motorized mode of transportation including but not limited to cars,vans,
trucks,buses,motorcycles,etc.,owned by or otherwise in the possession,custody,or control of
the County.For purposes of this policy only,this includes any vehicle owned by a recognized
Frederick County Volunteer Fire/Rescue Company used and/or driven by employees of the Fire
&Rescue Department.
2. Regular Drivers on County Business:Refers to employees who,in the performance of their
essential job functions,operate County vehicles on County business.
3. Distracted Driving: Driving a moving motor vehicle on any highway,road,or street,while
holding a handheld personal communications device,except as may be otherwise permitted by
applicable law,when any of the following conditions apply:
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a. Operating a County vehicle
b. Operating a personal vehicle on County business
c. Driving on County property
If County employees need to use their phones,they must pull over safely to the side of the road
or another safe location.
C. Driving Standards:
1. No County employee shall operate a vehicle on County business unless the employee has held a
valid driver's license for a minimum of two(2)years.
2. Prior to driving a County vehicle as a Regular Driver on County Business,all employees must
provide the Human Resources Department with a copy of their current,valid driver's license.
3. No County employee shall engage in distracted driving,as defined in this policy.
4. Employees may not drive a County vehicle or operate a private vehicle on County business if
any of the following have occurred:
a. Driver's license suspended or revoked within three years of hire date.
b. Convicted within the past five years of any of the following:
1) Operating under the influence of drugs or alcohol
(2) Fleeing or eluding a police officer
(3) Failure to stop after an accident(hit and run)
(4) Operating a vehicle with a suspended license
(5) Participating in a speed contest or drag race
(6) Reckless driving or driving to endanger
(7) Violation of state regulations on implied consent
c. Convicted within the past ten years of any of the following:
1) Homicide or manslaughter with a motor vehicle
(2) Theft or use of a motor vehicle in the commission of felony
(3) Assault with a motor vehicle
d. More than two convictions for motor vehicle moving violations(other than those
listed in b above)during the past three years.
e. Involvement in two or more avoidable(at fault)accidents during the previous
three years.
5. All Regular Drivers on County Business must immediately report in writing any change to their
license status to their immediate supervisor and the Department of Human Resources the next
business day following the traffic and/or motor vehicle charge,wreck,citation,arrest,etc.
D. Consequences of Driving Violations:
If an employee violates the driving policy and fails to report any violation as required by the next
business day,one of the following actions may take place.
1. He/she is immediately reassigned to a non-driving position,or
2. He/she is immediately relieved of job duties that require driving,or
3. He/she is terminated if neither of the first two options is feasible.
Two key factors shall be assessed in making the determination as to the action that will occur:(1)the
business needs of the department and(2)the extent to which driving is a significant part of the
affected employee's job duties.To be significant,driving shall be required on a daily or weekly basis
in the employee's job description for the position.
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E. Annual Driving Check: In addition to the driving record check that is part of the pre-employment
screening process,those employees who are Regular Drivers on County Business will have an annual
driving record check conducted by the Human Resources Department.The annual driving record will
obtain records for covered employees from Virginia.Employees with a current valid driver's license
from a jurisdiction other than Virginia must provide a transcript of their driving record from the
issuing jurisdiction to their immediate supervisor at the time of the annual driving record check
conducted by Human Resources.
F. Reasonable Cause Driving Check:The County also will require testing when there is reasonable cause
to suspect an employee is acting in a manner that raises concern about the ability to operate a County
vehicle in a manner that meets the standards of this policy.
G. Commercial Driver's License(CDL)Requirements:The U.S.Department of Transportation(DOT)
drug and alcohol testing regulations for Commercial Driver's Licensed(CDL)employees are
contained in 49 CFR Parts 40 and 382.All employees and applicants who hold or are offered a
position that is a safety sensitive position or that requires a CDL as a condition of employment and
continued employment must be tested for drugs and alcohol under the following conditions
1. Pre-employment
2. Random
3. Post-accident
4. Return to work after testing positive andfollow-up.
A refusal to immediately submit to a drug test when required or a verified finding of alcohol or illegal
drug use may result in withdrawal of a conditional offer of employment or disciplinary action up to
and including termination.As indicated by the employee's job description,employeesmay be
determined to be critical to the safety and security of employees or citizens.
H. CDL Clearinghouse:The Federal Motor Carrier Administration(FMCSA)has established the CDL
Drug and Alcohol Clearinghouse(Clearinghouse).This database contains information pertaining to
violations of the U.S.Department of Transportation(DOT)controlled substances(drug)and alcohol
testing program for holders of CDLs.
The Clearinghouse rule requires employers(such as the County),medical review officers(MROs),
substance abuse professionals(SAPs),consortia/third party administrators(C/TPAs),and other service
agents to report to the Clearinghouse information related to violations of the drug and alcohol
regulations in 49 Code of Federal Regulations,Parts 40 and 382,by current and prospective
employees.
All new hires required to have a CDL will need to register to provide electronic consent in the DOT
Clearinghouse to allow the County to conduct a full query of the driver's Clearinghouse record.A
limited query is required annually for current employees and checks for the presence of information in
the queried driver's Clearinghouse record.The employee is only required to sign a release for the
County to run the report.The full query is used when CDL drivers are hired and will disclose detailed
information about any resolved or unresolved violations in a driver's Clearinghouse record.
+ + + + + + + + + + + + + +
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Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
179
PUBLIC HEARINGS (NON-PLANNING ISSUES)
ORDINANCE TO AMEND CHAPTER 7, ELECTIONS, OF THE FREDERICK COUNTY
CODE. —APPROVED
County Attorney Williams reviewed the magisterial districts as advertised for the public
hearing noting the changes made since the original version was generated prior to the November
2 elections.
Chairman DeHaven opened the public comment period.
Bryan Nuri, Opequon District, recognized the hard work of the GIS Department and Mr.
Williams and added his support for the precinct named after Powell Gibson.
Rick Miller, Back Creek District resident and former Director of Elections, complimented
the staff on the new district boundaries and reminded the Board how many officers of elections
are needed to hold an election.
John Roberts, Shawnee District, said as a poll worker he thinks having two precincts vote
at the Bowman Library would be difficult because of space.
Chairman DeHaven closed the public comment period.
Mr. Williams clarified that one of the two precincts listed as voting at the library will be
moved to a nearby elementary school because of space needs.
Supervisor McCarthy moved that the Board adopt the proposed magisterial district
boundaries as presented. Supervisor Dunn seconded the motion which carried on a recorded vote
as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Ordinance
WHEREAS,the County is in receipt of the data for the 2020 United States Census; and
WHEREAS,the provisions of Article VII, Section 5 of the Constitution of Virginia and of Title
24.2, Chapter 3 of the Code of Virginia(1950), as amended,require the Board of Supervisors to
reapportion the representation in the Board of Supervisors among the County's magisterial districts;
THEREFORE,be it hereby ordained that Chapter 7 of the Code of Frederick County,Virginia
be, and the same hereby is, amended by enacting an amended Chapter 7 of the Code of Frederick County,
Virginia, in the form attached hereto.
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
180
FREDERICK COU=CODE
CHAPTER 7 ELECTIONS,revision effective December 8,2021
Article I Magisterial Districts
§7-1 Districts created.
Pursuant to authority contained in Code of Virginia(1950),as amended,§ 15.2-1211,the Magisterial Districts of
Frederick County,Virginia,are hereby created and established as set forth in this article.
§7-2 Districts enumerated.
The magisterial districts with populations set forth are as follows:
Magisterial District Population(as of April 1,2020)
Back Creek 14,930
Gainesboro 14,944
Opequon 15,507
Red Bud 15,058
Shawnee 15,652
Stonewall 15,326
§7-3 Central Absentee Voting Precinct.
The Central Absentee Voting Precinct for all elections is to be held at 107 North Kent Street(County Administration
Building),Winchester,Virginia,in a first-floor conference room.
§74 Boundaries.
The boundaries of the respective magisterial districts are set forth below:
A. Back Creek Magisterial District.Beginning at the southernmost edge of the county,at the intersection of
the Interstate 81 southbound lanes and the boundary between Frederick County and Warren County,
proceeding west along the boundary with Warren County until reaching Cedar Creek and the boundary
between Frederick County and Shenandoah County.Thence following the boundary between Frederick
County and Shenandoah County approximately northwest,then north,and then southwest again,following
the boundary and roughly the trajectory of Cedar Creek.Thence departing Cedar Creek and continuing
northwest along the county boundary until arriving at the border between Virginia and West Virginia,and
the boundary between Frederick County and Hardy County,West Virginia.Thence proceeding northeast to
the start of the boundary shared between Frederick County and Hampshire County,West Virginia.Thence
continuing broadly northeast,following the county boundary,until arriving where Back Creek Road
crosses the county border.Thence following the centerline of Back Creek Road north-northeast to the
intersection with Gore Road.Thence following the centerline of Gore Road northeast to the intersection
with Route 50.Thence following the eastbound lanes of Route 50 east to the boundary of the City of
Winchester.Thence proceeding in a roughly southerly fashion along the border with the City of Winchester
until its terminus,near where Hoge Run passes under Interstate 81.Thence following the Interstate 81
southbound lanes until the point where the northern boundary of the Town of Stephens City runs
perpendicular to Interstate 81.Thence following the boundary of the Town of Stephens City in a first
roughly west,then roughly south direction,until the place where the southernmost boundary of the Town
of Stephens City meets Family Drive.Thence following the centerline of Family Drive southeast to the
intersection of Route 11,and thence southwest along the centerline of Route 11 until the intersection with
Salem Church Road.Thence following the centerline of Salem Church Road east to its intersection with the
southbound lanes of Interstate 81.Thence following the southbound lanes of Interstate 81 south to the
boundary between Frederick County and Warren County,arriving at the starting point.
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B. Gainesboro Magisterial District.Beginning at the intersection of the boundary of the City of Winchester
and the eastbound lanes of Route 50.Thence proceeding west along the eastbound lanes of Route 50 to the
intersection with Gore Road.Thence proceeding southwest along the centerline of Gore Road until the
intersection with Back Creek Road.Thence proceeding south-southwest along the centerline of Back Creek
Road to the boundary between Frederick County and Hampshire County,West Virginia.Thence following
the boundary of Frederick County and Hampshire County roughly west and then roughly north-northeast to
the intersection of boundaries of Hampshire County,West Virginia and Morgan County,West Virginia
with Frederick County.Thence following the boundary of Frederick County and Morgan County,West
Virginia in a southeasterly direction to the intersection with the boundary of Berkeley County,West
Virginia.Thence following the boundary of Frederick County and Berkeley County,West Virginia in a
southeasterly direction to the intersection with the Interstate 81 southbound lanes.Thence following the
southbound lanes of Interstate 81 south-southwest to the overpass crossing at Rest Church Road.Thence
following along the centerline of Rest Church Road west and south to the intersection with Welltown Road.
Thence following the centerline of Welhown Road south to the intersection with the southbound lanes of
Route 11.Thence following the southbound lanes of Route 11 southwest until the intersection with Route
37,and then proceeding along Route 37 south to its intersection with Route 50.Thence following the
eastbound lanes of Route 50 east to the intersection with the boundary of the City of Winchester,arriving at
the starting point.
C. Opequon Magisterial District.Beginning at the intersection of Route 277 and the boundary between
Frederick County and Clarke County,following south-southwest along the boundary between Frederick
County and Clarke County to the intersection with the boundary between Frederick County and Warren
County.Thence following the boundary between Frederick County and Warren County south-southwest,
then turning west-southwest,to its intersection with the Interstate 81 southbound lanes.Thence following
the Interstate 81 southbound lanes north until the intersection with Salem Church Road.Thence following
the centerline of Salem Church Road west to the intersection with Route 11.Thence following the
centerline of Route 11 northeast to its intersection with Family Drive.Thence following the centerline of
Family Drive west to its intersection with the boundary of the Town of Stephens City.Thence following
the boundary of the Town of Stephens City clockwise to its intersection with Interstate 81.Thence
following the Interstate 81 southbound lanes north to the point where the interstate crosses Opequon Creek
(watercourse).Thence following Opequon Creek briefly to the east,where it passes beneath Tasker Road.
Thence following the centerline of Tasker Road southeast to the intersection with Aylor Road.Thence
following the centerline of Aylor Road southwest to the intersection with Caroline Avenue.Thence
following the centerline of Caroline Avenue south to Fredericktowne Drive.Thence following the
centerline of Fredericktowne Drive south to the intersection with Westmoreland Drive.Thence following
the centerline of Westmoreland Drive east to the intersection with Churchill Drive.Thence following the
centerline of Churchill Drive briefly to the intersection with Warrior Drive.Thence following the centerline
of Warrior Drive north to the intersection with Tasker Road.Thence following the centerline of Tasker
Road east to the intersection with White Oak Road.Thence following the centerline of White Oak Road
south to the intersection with Route 277.Thence following the intersection with Route 277 east to the
boundary between Frederick County and Clarke County,arriving at the starting point.
D. Red Bud Magisterial District.Beginning at the intersection of Senseny Road and the Interstate 81
southbound lanes and proceeding northeasterly along the Interstate 81 southbound lanes,and parallel to the
boundary with the City of Winchester.Thence proceeding north to the intersection between Route 7 and the
boundary of the City of Winchester.Thence proceeding east along the westbound lanes of Route 7 to the
boundary between Frederick County and Clarke County.Thence following the boundary between Frederick
County and Clarke County in a southerly direction,arriving at the intersection with Route 50.Thence
following the Route 50 eastbound lanes northwest to the intersection with Airport Road.Thence following
the centerline of Airport Road northwest to the intersection with Victory Road.Thence following the
centerline of Victory Road north to the intersection with Route 50.Thence following the Route 50
eastbound lanes west to the intersection with Sulphur Spring Road.Thence following the centerline of
Sulphur Spring Road east to the intersection with Greenwood Road.Thence following the centerline of
Greenwood Road north to the intersection with Senseny Road.Thence following Senseny Road west to the
intersection with Interstate 81,arriving at the starting point.
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E. Shawnee Magisterial District.Beginning at the border between Frederick County and Clarke County where
it crosses Route 277,thence proceeding in a northwesterly direction along Route 277 to the intersection
with White Oak Road.Thence following the centerline of White Oak Road north to the intersection with
Tasker Road.Thence following the centerline of Tasker Road west to the intersection with Warrior Drive.
Thence following the centerline of Warrior Drive south to Churchill Drive.Thence following the centerline
of Churchill Drive briefly to the intersection with Westmoreland Drive.Thence following the centerline of
Westmoreland Drive west to the intersection with Fredericktowne Drive.Thence following the centerline
of Fredericktowne Drive north to the intersection with Caroline Avenue.Thence following the centerline of
Caroline Avenue north to the intersection with Aylor Road.Thence following the centerline of Aylor Road
northeast to the intersection with Tasker Road.Thence following the centerline of Tasker Road northwest
until it crosses the path of Opequon Creek(watercourse).Thence following of Opequon Creek briefly to
the west to the point where Interstate 81 crosses it.Thence following the Interstate 81 southbound lanes
north,until intersecting Senseny Road.Thence following the centerline of Senseny Road east until it
intersects Greenwood Road.Thence following the centerline of Greenwood Road south to the intersection
with Sulphur Spring Road.Thence following the centerline of Sulphur Spring Road west until intersects
Route 50.Thence following the Route 50 eastbound lanes east to the intersection with Victory Road.
Thence following the centerline of Victory Road south to the intersection with Airport Road.Thence
following the centerline of Airport Road southeast to the intersection Route 50.Thence following the Route
50 eastbound lanes southeast to the boundary between Frederick County and Clarke County.Thence
following this boundary south until to where the boundary is crossed by Route 277,arriving at the starting
point.
F. Stonewall Magisterial District.Beginning at the intersection of Route 7 where it meets the boundary of the
City of Winchester,at the overpass crossing of Interstate 81.Thence proceeding in a roughly west-
northwesterly direction,identical to the boundary of the City of Winchester and Frederick County,to where
this boundary meets Route 37,southwest of the terminus of Margaret Lane.Thence following Route 37
north to its intersection with Route 11.Thence following the southbound lanes of Route 11 northeast until
the intersection with Welltown Road.Thence following the centerline of Welltown Road north to the
intersection with Rest Church Road.Thence following the centerline of Rest Church Road to the overpass
crossing of the Interstate 81 southbound lanes.Turn following the Interstate 81 southbound lanes north-
northeast until reaching the boundary between Frederick County and Berkeley County,West Virginia.
Thence following the boundary between Frederick County and Berkeley County,West Virginia southeast,
until reaching the intersection between Berkeley County and Jefferson County in West Virginia,and
Frederick County and Clarke County in Virginia.Thence following in a southerly direction along the
boundary between Clarke County and Frederick County,along Opequon Creek,until the overpass where
Route 7 crosses Opequon Creek.Thence following the westbound lanes of Route 7 west,to where Route 7
meets the boundary of the City of Winchester,arriving at the starting point.
§7-5 Election of Supervisors.
There shall be one Chairman elected at-large from all districts within the County,and one Supervisor shall be elected
from each magisterial district created by this article.
ARTICLE II Election Precincts
§7-6 Precincts created.
Pursuant to authority contained in the Code of Virginia(1950),as amended,§§24.2-305 through 24.2-310.1,the
precincts and their respective polling places for the County are hereby created and established as set forth in this
article.
§7-7 Precincts and respective polling places enumerated.
The precincts for each magisterial district and the polling places for each precinct shall be as set forth below:
A. Back Creek Magisterial District
Precinct Polling Place
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Cedar Creek Middletown Elementary School
Gore North Mountain Fire Hall
Kemstown Orchard View Elementary School
Middletown Middletown Elementary School
Russells Round Hill Fire Event Center
B. Gainesboro Magisterial District
Precinct Polling Place
Albin James Wood High School
Gainesborough Gainesboro Elementary School
Nain James Wood High School
Redland Indian Hollow Elementary School
White Hall Apple Pie Ridge Elementary School
C. Opequon Magisterial District
Precinct Polling Place
Aylor Robert E.Aylor Middle School
Bass-Hoover Bass-Hoover Elementary School
Canterburg Sherando High School
Stephens City Bass Hoover Elementary School
Vaucluse Spring Sherando High School
D. Red Bud Magisterial District
Precinct Polling Place
Ash Hollow Dowell J.Howard Center
Carpers Valley Senseny Road School
Greenwood Greenwood Mill Elementary School
Millbrook Millbrook High School
E. Shawnee Magisterial District
Precinct Polling Place
Armel Armel Elementary School
Parkins Mill Precinct Bowman Library
Shenandoah Evendale Elementary School
White Oak School Armel Elementary School
F. Stonewall Magisterial District
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Precinct Polling Place
Clear Brook Stonewall Elementary School
Gibson School Dowell J.Howard Center
Jordan Springs Jordan Springs Elementary School
Neff's Town Redbud Run Elementary School
Sunnyside Apple Pie Ridge Elementary School
§7-8 Boundaries.
The boundaries of the respective precincts are as set forth below:
A. Back Creek Magisterial District
(1) Cedar Creek Precinct.Beginning at the intersection of Middle Road and the boundary between
Frederick County and Shenandoah County,proceeding northeast along the centerline of Middle
Road until the intersection with Marlboro Road.Thence proceeding west along the centerline of
Marlboro Road until arriving at the boundary of the Town of Stephens City.Thence following
the boundary of the Town of Stephens City counterclockwise to where it intersects Family Drive.
Thence following the centerline of Family Drive southeast until the intersection with Route 11.
Thence following the centerline of Route 11 southwest until reaching the intersection with Salem
Church Road.Thence follow the centerline of Salem Church Road southeast to the overpass
crossing with Interstate 81.Thence following the Interstate 81 southbound lanes to the boundary
between Frederick County and Warren County,but excluding the Town of Middletown,which
constitutes a separate precinct.Thence following the boundary between Frederick County and
Warren County to the point it meets Cedar Creek and the boundary between Frederick County
and Shenandoah County.Thence following Cedar Creek and the boundary between Frederick
County and Shenandoah County northwest to its intersection with Marlboro Road,arriving at the
starting point.
(2) Gore Precinct.Beginning at the point where Mountain Falls Road meets Cedar Creek at the
boundary between Frederick County and Shenandoah County,proceeding southwest along Cedar
Creek and the boundary between Frederick County and Shenandoah County.Then departing
Cedar Creek and continuing northwest along the boundary between Frederick County and
Shenandoah County,until arriving at the boundary between Frederick County and Hardy County,
West Virginia.Thence proceeding northeast to the start of the boundary shared between
Frederick County and Hampshire County,West Virginia.Thence continuing broadly northeast,
following the county boundary,until arriving where Back Creek Road crosses the county border.
Thence following the centerline of Back Creek Road north-northeast to the intersection with Gore
Road.Thence following the centerline of Gore Road northeast to the intersection with Route 50.
Thence following the eastbound lanes of Route 50 east to the intersection with South Hayfield
Road.Thence following the centerline of South Hayfield Road south-southwest to its intersection
with Back Mountain Road.Thence following the centerline of Back Mountain Road southwest,
briefly joining Wardensville Grade heading southwest,and then following the centerline of
Mountain Falls Road southeast to Cedar Creek and the boundary between Frederick County and
Shenandoah County,arriving at the starting point.
(3) Kemstown Precinct.Beginning at the point where Marlboro Road departs the boundary of the
Town of Stephens City,proceeding west along the centerline to the intersection with Middle
Road.Thence following the centerline of Middle Road southwest to the intersection with Cedar
Creek Grade.Thence following the centerline of Cedar Creek Grade north and then northeast to
its intersection with the boundary of the City of Winchester.Thence following the boundary of
the City of Winchester to the south until reaching Interstate 81.Thence following the southbound
lanes of Interstate 81 to the south until reaching the northernmost boundary of the Town of
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Stephens City.Thence following the boundary of the Town of Stephens City to the west and
south and east again to the point where it intersects Marlboro Road,arriving at the starting point.
(4) Middletown Precinct.The Middletown Precinct follows exactly the boundaries of the Town of
Middletown.
(5) Russells Precinct.Beginning at the intersection of Middle Road and the boundary between
Frederick County and Shenandoah County at Cedar Creek,following that boundary and Cedar
Creek generally west to the point where Mountain Falls Road meets Cedar Creek at the boundary
between Frederick County and Shenandoah County.Thence following the centerline of Mountain
Falls Road northwest,briefly joining Wardensville Grade heading northeast,and then following
the centerline of Back Mountain Road northeast to its intersection with South Hayfield Road.
Thence following the centerline of South Hayfield Road north-northeast to its intersection with
Route 50.Thence following the eastbound lanes of Route 50 east to the boundary of the City of
Winchester.Thence following the boundary of the City of Winchester south to its intersection
with Cedar Greek Grade.Thence following the centerline of Cedar Creek Grade west and then
south until it intersects with Middle Road,and thence along the centerline of Middle Road to the
boundary between Frederick County and Shenandoah County,arriving at the starting point.
B. Gainesboro Magisterial District.
(1) Albin Precinct.Beginning the intersection of Apple Pie Ridge Road and Route 522,following the
northbound lanes of Route 522 to the north to the point where Route 522 crosses Hogue Creek(a
watercourse).Thence following Hogue Creek north to where Hogue Creek joins Back Creek.
Thence following Back Creek north until reaching the boundary between Frederick County and
Berkeley County,West Virginia,with any islands having no clear dominance by either bank
therefore being within the Albin Precinct.Thence following the boundary between Frederick
County and Berkeley County,West Virginia southeast to its intersection with Apple Pie Ridge
Road.Thence following the centerline of Apple Pie Ridge Road south to its intersection with
Route 522,arriving at the starting point.
(2) Gainesborough Precinct.Beginning at the point where Route 522 crosses Hogue Creek(a
watercourse)and proceeding along the northbound lanes of Route 522 to the north,to its
intersection with Bloomery Pike.Thence following the centerline of Bloomery Pike west to its
intersection with the boundary between Frederick County and Hampshire County,West Virginia.
Thence following the boundary of Frederick County and Hampshire County roughly west and
then roughly north-northeast to the intersection of boundaries of Hampshire County,West
Virginia and Morgan County,West Virginia with Frederick County.Thence following the
boundary of Frederick County and Morgan County,West Virginia in a southeasterly direction
until it meets Back Creek(a watercourse).Thence following Back Creek south to where Hogue
Creek joins it,with any islands having no clear dominance by either bank therefore being within
the Albin Precinct.Thence following Hogue Creek south to its crossing by Route 522,arriving at
the starting point.
(3) Nam Precinct.Beginning the overpass where Route 37 crosses over Route 522,thence following
Route 37 south to its intersection with Route 50.Thence following the eastbound lanes of Route
50 west to its intersection with North Hayfield Road/South Hayfield Road.Thence following the
centerline of North Hayfield Road northeast to the intersection with Gainesboro Road.Thence
following the centerline of Gainesboro Road east to its intersection with Route 522.Thence
following the northbound lanes of Route 522 south to Route 37,arriving at the starting point.
(4) Redland Precinct.Beginning the intersection of North Hayfield Road/South Hayfield Road and
Route 50 and thence following the eastbound lanes of Route 50 west to its intersection with Gore
Road.Thence following the centerline of Gore Road southwest to its intersection with Back
Creek Road.Thence following the centerline of Back Creek Road south-southwest to the
boundary between Frederick County and Hampshire County,West Virginia.Thence following
the boundary of Frederick County and Hampshire County roughly west and then roughly north-
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northeast to the intersection with Bloomery Pike.Thence following the centerline of Bloomery
Pike east to its intersection with Route 522.Thence following the northbound lanes of Route 522
south to its intersection with Gainesboro Road.Thence following the centerline of Gainesboro
Road west until its intersection with North Hayfield Road.Thence following the centerline of
North Hayfield Road southwest until reaching Route 50,arriving at the starting point.
(5) White Hall Precinct.Beginning at the point where Route 37 intersects Route 522,following the
northbound lanes of Route 522 north to the intersection with Apple Pie Ridge Road.Thence
following the centerline of Apple Pie Ridge Road north to its intersection with the boundary
between Frederick County and Berkeley County,West Virginia.Thence following the boundary
of Frederick County and Berkeley County,West Virginia in a southeasterly direction to the
intersection with the Interstate 81 southbound lanes.Thence following the southbound lanes of
Interstate 81 south-southwest to the overpass crossing at Rest Church Road.Thence following
along the centerline of Rest Church Road west and south to the intersection with Welltown Road.
Thence following the centerline of Welltown Road south to the intersection with the southbound
lanes of Route 11.Thence following the southbound lanes of Route 11 southwest until the
intersection with Route 37,and then proceeding along Route 37 south to the crossing with Route
522,arriving at the starting point.
C. Opequon Magisterial District.
(1) Aylor Precinct.Beginning at the intersection of Route 277 and Warrior Drive,following the
centerline of Warrior Drive northeast to the intersection with Tasker Road.Thence following the
centerline of Tasker Road east to the intersection with White Oak Road.Thence following the
centerline of White Oak Road southwest to the intersection with Route 277.Thence following the
centerline of Route 277 west to the intersection with Warrior Drive,arriving at the starting point.
(2) Bass-Hoover Precinct.Beginning at the intersection of Warrior Drive and Route 277,following
the centerline of Route 277 west to the intersection with Interstate 81.Thence following the
Interstate 81 southbound lanes north to the point where the interstate crosses Opequon Creek
(watercourse).Thence following Opequon Creek briefly to the east,where it passes beneath
Tasker Road.Thence following the centerline of Tasker Road southeast to the intersection with
Aylor Road.Thence following the centerline of Aylor Road southwest to the intersection with
Caroline Avenue.Thence following the centerline of Caroline Avenue to Fredericktowne Drive.
Thence following the centerline of Fredericktowne Drive to the intersection with Westmoreland
Drive.Thence following the centerline of Westmoreland Drive to the intersection with Churchill
Drive.Thence following the centerline of Churchill Drive to the intersection with Warrior Drive.
Thence following the centerline of Warrior Drive southwest to the intersection with Route 277,
arriving at the starting point.
(3) Canterburg Precinct.Beginning at the point where Double Church Road intersects the boundary
between Frederick County and Warren County,following the centerline of Double Church Road
northwest to the intersection with Route 277.Thence following the centerline of Route 277 east
until it crosses the boundary between Frederick County and Clarke County.Thence following the
boundary between Frederick County and Clarke County south-southwest,and then the boundary
between Frederick County and Warren County,until turning west-southwest and following the
boundary between Frederick County and Warren County to the intersection of Double Church
Road,arriving at the starting point.
(4) Stephens City Precinct.The Stephens City Precinct follows exactly the boundaries of the Town
of Stephens City.
(5) Vaucluse Spring Precinct.Beginning at the point where Interstate 81 crosses the boundary
between Frederick County and Warren County,following the southbound lanes of Interstate 81
north to the intersection with Salem Church Road.Thence following the centerline of Salem
Church Road west to the intersection with Route 11.Thence following the centerline of Route 11
north to the intersection with Family Drive.Thence following the centerline of Family Drive
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northwest to where Family Drive meets the boundary of the Town of Stephens City.Thence
following the boundary of the Town of Stephens City counterclockwise to the point where it
meets Interstate 81.Thence following the Interstate 81 southbound lanes north to the intersection
with Route 277.Thence following the centerline of Route 277 east to the intersection with
Double Church Road.Thence following the centerline of Double Church Road southeast to the
boundary between Frederick County and Warren County.Thence following the boundary
between Frederick County and Warren County west-southwest to its intersection Interstate 81,
arriving at the starting point.
D. Redbud Magisterial District.
(1) Ash Hollow Precinct.Beginning at the intersection of Senseny Road and Greenwood Road,
following the centerline of Senseny Road west to its intersection with Interstate 81.Thence
following the southbound lanes of Interstate 81 northeast to the intersection with Route 7.Thence
following the westbound lanes of Route 7 east to the intersection with Valley Mill Road.Thence
following the centerline of Valley Mill Road southeast to the intersection with Greenwood Road.
Thence following the centerline of Greenwood Road south-southwest to the intersection with
Senseny Road,arriving at the starting point.
(2) Carpers Valley Precinct.Beginning at the intersection of Greenwood Road and Senseny Road,
following the centerline of Senseny Road east until reaching the boundary between Frederick
County and Clarke County.Thence following the boundary between Frederick County and
Clarke County in a southerly direction,arriving at the intersection with Route 50.Thence
following the Route 50 eastbound lanes northwest to the intersection with Airport Road.Thence
following the centerline of Airport Road northwest to the intersection with Victory Road.Thence
following the centerline of Victory Road north to the intersection with Route 50.Thence
following the Route 50 eastbound lanes west to the intersection with Sulphur Spring Road.
Thence following the centerline of Sulphur Spring Road east to the intersection with Greenwood
Road.Thence following the centerline of Greenwood Road north to the intersection with Senseny
Road,arriving at the starting point.
(3) Greenwood Precinct.Beginning at the intersection of Senseny Road and Greenwood Road,
following the centerline of Greenwood Road north-northeast until the intersection with Woodrow
Road.Thence following the centerline of Woodrow Road southeast to its intersect with Charlton
Road.Thence following the centerline of Charlton Road northeast to its intersection with Nassau
Drive.Thence following the centerline of Nassau Drive southeast to its intersection with
Channing Drive.Thence following the centerline of Channing Drive north to its intersection with
Valley Mill Road.Thence following Valley Mill Road east to its intersection with Route 7.
Thence following the westbound lanes of Route 7 east to its intersection with the boundary
between Frederick County and Clarke County.Thence following the boundary between Frederick
County and Clarke County in a southerly direction,arriving at the intersection with Senseny
Road.Thence following the centerline of Senseny Road west to its intersection with Greenwood
Road,arriving at the starting point.
(4) Millbrook Precinct.Beginning at the intersection of Valley Mill Road and Route 7,following the
centerline of Valley Mill Road southwest to its intersection with Channing Drive.Thence
following the centerline of Channing Drive south to its intersection with Nassau Drive.Thence
following the centerline of Nassau Drive northwest to its intersection with Charlton Road.
Thence following the centerline of Charlton Road southwest to its intersection with Woodrow
Road.Thence following the centerline of Woodrow Road northwest to its intersection with
Greenwood Road.Thence following the centerline of Greenwood Road north to its intersection
with Valley Mill Road.Thence following the centerline of Valley Mill Road northwest to its
intersection with Route 7.Thence following the westbound lanes of Route 7 east to its original
intersection with Valley Mill Road,arriving at the starting point.
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E. Shawnee Magisterial District.
(1) Armel Precinct.Beginning at the point where Route 277 intersects with the boundary between
Frederick County and Clarke County,following west along the centerline of Route 277 to the
intersection with White Oak Road.Thence following the centerline of White Oak Road northeast
to its intersection with Tasker Road.Thence following the centerline of Tasker Road west to its
intersection with Warrior Drive.Thence following the centerline of Warrior Drive northeast to its
intersection with Talamore Drive.Thence following the centerline of Talamore Drive east until it
crosses the gully of the unnamed watercourse that runs roughly parallel to Auburn Hill Court,and
which is ultimately a tributary of Opequon Creek(watercourse).Thence following said
watercourse northeast to where Route 522 crosses it.Thence following along the southbound
lanes of Route 522 north to the intersection with West Parkins Mill Road.Thence following the
centerline of West Parkins Mill Road east to its intersection with Route 50.Thence following the
eastbound lanes of Route 50 east until arriving at the boundary between Frederick County and
Clarke County.Thence following the boundary between Frederick County and Clarke County
south to its intersection with Route 277,arriving at the starting point.
(2) Parkins Mill Precinct.Beginning at the intersection of Aylor Road and Tasker Road,following
Tasker Road northwest,to the place where Opequon Creek(watercourse)crosses beneath Tasker
Road.Thence following Opequon Creek west to the place where it passes beneath Interstate 81.
Thence following the Interstate 81 southbound lanes north,until intersecting with Route 50.
Thence following the Route 50 eastbound lanes east to the intersection with Route 522.Thence
following the southbound lanes of Route 522 southeast,to the point where Route 522 crosses the
gully of the unnamed tributary watercourse that joins Opequon Creek.Thence following said
watercourse southwest,continuing along the more northerly of the two paths where the tributary
forks,until meeting Lakeside Drive.Thence following the centerline of Lakeside Drive
southwest to the intersection with Oak Ridge Drive.Thence following the centerline of Oak
Ridge Drive to the intersection with Tasker Road and Aylor Road.arriving at the starring point.
(3) Shenandoah Precinct.Beginning at the intersection of West Parkins Mill Road and Route 522,
thence following the southbound lanes of Route 522 north to the intersection with Route 50.
Thence following the Route 50 eastbound lanes west to the intersection with Interstate 81.
Thence following the Interstate 81 southbound lanes north to its intersection with Senseny Road.
Thence following the centerline of Senseny Road east to its intersection with Greenwood Road.
Thence following the centerline of Greenwood Road south to the intersection with Sulphur
Spring Road.Thence following the centerline of Sulphur Spring Road west to the intersection
with Route 50.Thence following the eastbound lanes of Route 50 east to the intersection with
Victory Road.Thence following the centerline of Victory Road south to the intersection with
Airport Road.Thence following the centerline of Airport Road southeast to the intersection with
Route 50.Thence following the eastbound lanes of Route 50 southeast to its intersection with
West Parkins Mill Road.Thence following the centerline of West Parkins Mill Road to its
intersection with Route 522,arriving at the starting point.
(4) White Oak School Precinct.Beginning at the intersection of Warrior Drive and Talamore Drive,
following the centerline of Warrior Drive southwest to its intersection with Churchill Drive.
Thence following the centerline of Churchill Drive briefly to the intersection with Westmoreland
Drive.Thence following the centerline of Westmoreland Drive west to the intersection with
Fredericktowne Drive.Thence following the centerline of Fredericktowne Drive north to the
intersection with Caroline Avenue.Thence following the centerline of Caroline Avenue north to
the intersection with Aylor Road.Thence following the centerline of Aylor Road northeast
through the intersection with Tasker Road,continuing as Aylor Road becomes Oak Ridge Drive,
to the intersection with Lakeside Drive.Thence following the centerline of Lakeside Drive
northeast until it meets the gully of an unnamed watercourse that is ultimately a tributary of
Opequon Creek.Thence following said watercourse northeast to where it is joined from the south
by a second unnamed tributary,and then following that second unnamed tributary southwest until
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
189
it reaches Talamore Drive.Thence along the centerline of Talamore Drive west to its intersection
with Warrior Drive,arriving at the starting point.
F. Stonewall Magisterial District.
(1) Clear Brook Precinct.Beginning at the intersection of Welhown Road and Route 11,following
the centerline of Welltown Road north to the intersection with Rest Church Road.Thence
following the centerline of Rest Church Road north and east to its intersection with Interstate 81.
Thence following the southbound lanes Interstate 81 north to the intersection with the boundary
between Frederick County and Berkeley County,West Virginia.Thence following the boundary
between Frederick County and Berkeley County,West Virginia southeast,until reaching the
intersection between Berkeley County and Jefferson County in West Virginia,and Frederick
County and Clarke County in Virginia.Thence following in a southerly direction along the
boundary between Clarke County and Frederick County,along Opequon Creek,following the
boundary of Clarke County,to the point where High Banks Road abuts the banks of Opequon
Creek.Thence following the centerline of High Banks Road northwest to its intersection with
Jordan Springs Road.Thence following the centerline of Jordan Springs Road north and
northwest to its intersection with Old Charles Town Road.Thence following the centerline of Old
Charles Town Road west to its intersection with Route 11.Thence following the centerline of
Route 11 southwest to its intersection with Welltown Road,arriving at the starting point.
(2) Gibson School Precinct.Beginning at the intersection of Route 11 and the boundary of the City
of Winchester,following the centerline of Route 11 north-northeast to the point that Route 37
joins Route 11,and continuing to follow the centerline of Route 11 north-northeast to its
intersection with Interstate 81.Thence following the southbound lanes of Interstate 81 south to
the intersection with Route 7 and the boundary with the City of Winchester.Thence following the
boundary of the City of Winchester west-northwest to its intersection with Route 11,arriving at
the starting point.
(3) Jordan Springs Precinct.Beginning at the intersection of Morgan Mill Road and Route 7,
following the centerline of Morgan Mill Road north to its intersection with Redbud Road.Thence
following the centerline of Redbud Road northwest to its intersection with Milburn Road.Thence
following the centerline of Milburn Road north to its intersection with Old Charles Town Road.
Thence following the centerline of Old Charles Town Road east,and then continuing onto Jordan
Springs Road and following the centerline southwest and west to its intersection with High Banks
Road.Thence following the centerline of High Banks Road southeast,to the point where it abuts
the banks of Opequon Creek and the boundary between Frederick County and Clarke County.
Thence following Opequon Creek and the boundary with Clarke County south to the intersection
with Route 7.Thence following the westbound lanes of Route 7 to the intersection with Morgan
Mill Road,arriving at the starting point.
(4) Neff's Town Precinct.Beginning at the intersection of Interstate 81 and Route 7,following the
southbound lanes of Interstate 81 north to the overpass crossing above Route 11.Thence
following the centerline of Route 11 northeast to its intersection with Old Charles Town Road.
Thence following the centerline of Old Charles Town Road east to its intersection with Milburn
Road.Thence along the centerline of Milburn Road south to its intersection with Redbud Road.
Thence following the centerline of Redbud Road southeast to its intersection with Morgan Mill
Road.Thence following the centerline of Morgan Mill Road south to its intersection with Route
7.Thence following the westbound lanes of Route 7 to the intersection with Interstate 81,
arriving at the starting point.
(5) Sunnyside Precinct.Beginning at the point where Route 11 meets the boundary of the City of
Winchester and following west along the boundary with the City of Winchester until arriving at
the point at which it abuts Route 37.Thence crossing Route 37 and following north along
southbound lanes of Route 37 to the point at which Route 37 joins Route 11.Thence following
the centerline of Route 11 south to the point at which it meets the boundary with the City of
Winchester,arriving at the starting point.
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
190
§7-9 Changes in precinct or polling place.
The Secretary of the Electoral Board shall notify by mail,no later than 15 days prior to the next general,special,or
primary election,all registered voters whose precinct or polling place has been changed by the provisions of this
article.
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PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS
CONDITIONAL USE PERMIT #08-21 FOR SOUTHERN STATES WINCHESTER
COOPERATIVE, INC., —APPROVED
Assistant Planning Director John A. Bishop explained the request for a Conditional Use
Permit(CUP)submitted forAgricultural Supply Cooperative and reviewed the conditions suggested
by the Planning Commission should the Board find the application to be appropriate.
Chairman DeHaven opened the public comment period.
Bryan Nuri, Opequon District, noted concerns about possible increased traffic if the
request were to be approved.
Chairman DeHaven closed the public comment period.
Gary Oates, representing the Applicant, said the site will be used mainly for the storage
of inventory and is not expected to generate excessive traffic.
Vice Chairman Wells moved for approval of Conditional Use Permit (CUP) #08-21.
Supervisor Slaughter seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#08-21
SOUTHERN STATES WINCHESTER COOPERATIVE INC.
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#08-21 was submitted to construct an
agricultural supply cooperative facility expansion. The property is located at 5844 Valley Pike, Stephens
City,Virginia and is further identified with Property Identification Number 85-A-46A in the Opequon
Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on November 17,2021 and recommended approval with conditions; and
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
191
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use
Permit during their regular meeting on December 8,2021; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health, safety,welfare, and in conformance with the
Comprehensive Plan;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter
165 of the Frederick County Code,Zoning, is amended to revise the zoning map to reflect that
Conditional Use Permit#08-21 to construct an agricultural supply cooperative facility on the parcel
identified with Property Identification Number 85-A-46A is approved with the following conditions:
1. All review agency comments provided during the review of this application shall be complied
with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick
County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the
establishment of the use. The site plan shall address additional regulations for specific uses outlined in
§165-204.34 of the Frederick County Zoning Ordinance and be in general conformance with the Sketch
Plat for Conditional Use Permit for Southern States, included with the CUP application,prepared by
GreyWolfe,Inc.,dated July 26,2021.
3. Any expansion or modification of this land use will require the approval of a new CUP.
4. To comply with the Historic Resources Advisory Board comments,the applicant shall
incorporate a vegetative buffer of 1 native species tree per 40 feet along U.S. 11 frontage.
+ + + + + + + + + + + + + +
CONDITIONAL USE PERMIT#09-21 FOR KSS, LC (KATHERINE SOLENBERGER)—
APPROVED
Senior Planner Klein explained the request for a Conditional Use Permit(CUP)for a special
event facility in the RA (Rural Areas)Zoning District and reviewed the conditions suggested by the
Planning Commission should the Board find the application to be appropriate.
Katherine Solenberger, the Applicant, said she was excited about the opportunity to have
an event center on this historic property.
Chairman DeHaven opened the public comment period.
No one requested to speak on the application.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved for approval of Conditional Use Permit (CUP) #09-21.
Supervisor McCarthy seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Minute Book 47
Board of Supervisors Regular Meeting of December 8,2021
County of Frederick, Virginia
192
ORDINANCE
CONDITIONAL USE PERMIT#09-21
KSS,LC
KATHERINE SOLENBERGER
WHEREAS,CONDITIONAL USE PERMIT APPLICATION#09-21 was submitted for the operation of
a special event facility on 303.81+/-acres. The property is located at 1454 Apple Pie Ridge Road(Route
739)Winchester, Virginia and is further identified with Property Identification Number 42-A-356 in the
Stonewall Magisterial District;and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on November 17,2021 and recommended approval with conditions;and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use
Permit during their regular meeting on December 8,2021;and
WHEREAS,the Frederick County Board of Supervisors fmds the approval of this Conditional Use Permit
to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive
Plan;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165
of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use
Permit #09-21 to allow the establishment of a special event facility on 303.81+/- acres on the parcel
identified with Property Identification Number 42-A-356 and is approved with the following conditions:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan,in accordance with the requirements of Article VIII of the Frederick
County Zoning Ordinance and addressing additional regulations for specific uses contained in§165-204.30,
shall be submitted to and approved by Frederick County prior to the establishment of the use.
3. A modified commercial entrance, meeting all current Virginia Department of Transportation
(VDOT)standards,shall be permitted,and installed within one(1)year of the approval of this CUP.
4. Events shall start no earlier than noon and all events and related activities shall conclude by 11
P.M.Amplified outdoor music shall conclude by 9 P.M.
5. Special events may accommodate up to and not to exceed 200 persons.
6. One(1)monument style sign with a maximum sign area not to exceed 50 square feet(SF)and not
to exceed 10 feet(FT)in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
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Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
193
PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
ORDINANCE TEXT AMENDMENTS — STEEP SLOPES, FARM WINERIES/
BREWERIES/ DISTILLERIES, INOPERABLE MOTOR VEHICLES, PEDESTRIAN
ACCESS, AND STREET DESIGN—SENT FORWARD TO PUBLIC HEARING
Senior Planner Klein presented the request to amend Chapter 144—Subdivision of Land
and amend Chapter 165—Zoning Ordinance to clarify, amend and remove requirements contained
in general provisions, supplementary use regulations, regulations for specific uses, and design
standards. He reviewed a summary of the proposed changes. He said Staff was seeking direction
from the Board of Supervisors on the appropriateness of this request and a determination on
whether the item is ready to be scheduled for public hearing.
The Board and Mr. Klein discussed various aspects of the text changes. On motion of
Supervisor McCarthy,seconded by Vice Chairman Wells, the resolution to send the matter forward
to public hearing was adopted on a unanimous voice vote.
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING
CHAPTER 144 SUBDIVISION OF LAND AND CHAPTER 165,ZONING ORDINANCE
STEEP SLOPES
CHAPTER 144—SUBDIVISION OF LAND
ARTICLE 11
Definitions
144-2. Definitions and word usage
CHAPTER 165 -ZONING
ARTICLE I
General Provisions;Amendments; and Conditional Use Permits
PART 101 - GENERAL PROVISIONS
§165-101.02.Definitions and word usage
FARM WINERIES,FARM BREWERIES,AND FARM DISTILLERIES
CHAPTER 165 -ZONING
ARTICLE 11
Supplementary Use Regulations;Parking;Buffers; and Regulations for Specific Uses
PART 204—Additional Regulations for Specific Uses
§165-204.22. Farm wineries, farm breweries; and farm distilleries
INOPERABLE MOTOR VEHICLES
CHAPTER 165—ZONING
ARTICLE I
General Provisions;Amendments; and Conditional Use Permits
PART 101 - GENERAL PROVISIONS
§165-101.02 Definitions and word usage
ARTICLE 11
Supplementary Use Regulations;Parking;Buffers; and Regulations for Specific Uses
PART 204—Additional Regulations for Specific Uses
Minute Book 47
Board of Supervisors Regular Meeting of December 8,2021
County of Frederick, Virginia
194
§165-204.11.Landfills,junkyards,trash disposal and inoperable vehicles
PEDESTRIAN ACCESS
CHAPTER 165—ZONING
ARTICLE II
Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses
Part 202 Off-Street Parking,Loading and Access
§165-202.03.Motor vehicle access
STREET DESIGN
CHAPTER 144—SUBDIVISION OF LAND
ARTICLE V
Design Standards
§144-17.STREETS
WHEREAS,a request to amend Chapter 144—Subdivision of Land Ordinance and amend Chapter 165—
Zoning Ordinance to clarify, amend and remove requirements contained in general provisions,
supplementary use regulations,regulations for specific uses,and design standards;and
WHEREAS, the Development Review and Regulations Committee (DRRC) reviewed the proposed
changes to steep slopes, farm wineries/farm breweries/farm distilleries, and inoperable motor vehicles at
their October 28,2021 regular meeting and reviewed the proposed changes to pedestrian access and street
design at their November 18,2021 regular meeting;and
WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled
meeting on December 1,2021 and agreed with the proposed changes;and
WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting
on December 8,2021;and
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience,
general welfare,and good zoning practice,directs the Frederick County Planning Commission hold a public
hearing regarding an amendment to Chapter 144—Subdivision Of Land and amend Chapter 165—Zoning
Ordinance to clarify,amend and remove requirements contained in general provisions, supplementary use
regulations,regulations for specific uses,and design standards;and
NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors that the
Frederick County Planning Commission shall hold a public hearing to consider changes to address
Chapter 144—Subdivision of Land and amend Chapter 165—Zoning Ordinance to clarify,amend and
remove requirements contained in general provisions,supplementary use regulations,regulations for
specific uses,and design standards
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BOARD LIAISON REPORTS - None
CITIZEN COMMENTS
Bryan Smith, Gainesboro District, read a press release on behalf of the Virginia Police
Benevolent Association regarding the actions of Supervisor Graber on Election Day. He asked the
citizens of the County to join the effort to recall Supervisor Graber.
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
195
Nicholas Santmier, Shawnee District, said he owns property at 1930 Front Royal Pike and
is outside of Frederick Water's service area. He requested the Board extend the service area to
include his property.
Miah Usmani, Opequon District, noted concerns if a Sheetz is built at the Middletown
location. She said she was opposed to the Town annexing the property where Sheetz may locate.
She said she supported the County having an aquatics center/ ice rink.
Gayle Ferreira, Shawnee District, spoke in support of Supervisor Graber saying he was
accused of something he did not do.
Bryan Nuri, Opequon District, noted the Board's code of conduct and said that on Election
Day, respect was not paid by a certain Board member.
Kim Fletcher, Opequon District, spoke in opposition to Middletown annexing the parcel
where a Sheetz store is proposed for construction.
Robbie Dalton, Shawnee District, addressed Supervisor Graber's Election Day activities
saying it appears that there was a malicious plan to damage the reputations of Deputy Kennedy
and the Sheriff's Department. He said other Board members have not addressed Supervisor
Graber's actions and the silence is deafening.
Bob Clark, Opequon District, spoke in opposition to Middletown annexing the parcel for a
proposed Sheetz store. He said he was in favor of smart development across the county.
Theo Theologis, Stonewall District, said he had submitted an application to serve as a
Stonewall District representative on the Planning Commission and questioned it not being included
in the agenda.
Christie Scarborough, Stonewall District, said she supported Supervisor Graber and that
he had done nothing wrong.
Priscilla Melito, Stonewall District, noted that when a stranger had taken photos of her
children, it was handled differently than the Election Day incident involving Supervisor Graber.
Mollie Brannon, Back Creek District, said she supported Supervisor Graber because a
conservative voice is needed on the Board.
Bryan Nuri, Opequon District, discussed Supervisor Graber's assertion that there were
illegal sample ballots used on Election Day saying if proof exists, it should be presented.
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
196
Jodi Yeagy, Red Bud District, quoted the Board's code of conduct. She asked that
Supervisor Graber resign or step down from his committee assignments.
BOARD OF SUPERVISORS COMMENTS
Supervisor Stegmaier noted the Fire and Rescue recruit class graduation held the previous
week. He discussed the actions of candidates on Election Day saying he will pursue options to
address the incidents.
Supervisor Graber read a statement and apologized for his references about Deputy
Kennedy in a phone call on the day after Election Day. He said he will have no further comments
while additional evidence is being compiled. He thanked his supporters.
Vice Chairman Wells thanked Supervisor Stegmaier for his service on the Board, and his
effort to assist the citizens.
ADJOURNMENT
On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was
adjourned at 8:50 p.m.
Charles S. DeHaven, Jr. Michael Bollhoefer
Chairman, Board of Supervisors County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 47
Board of Supervisors Regular Meeting of December 8, 2021
County of Frederick, Virginia
17
Board of Supervisors Meeting Minutes of December 8, 2021 - ppendix 1
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday, November 17,2021
8:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Finance Committee meeting was held in the First Floor Conference room at 107 North Kent Street on
Wednesday, November 17,2021 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven;
Robert Wells;Gary Oates;Angela Wiseman; and Jeffrey Boppe. Non-voting liaisons:
William Orndoff,Treasurer; and Seth Thatcher,Commissioner of the Revenue.
Committee Members Absent: None.
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler,Assistant Finance Director;
Michael Bollhoefer,County Administrator;Jay Tibbs,Assistant County Administrator;
Rod Williams,County Attorney; Nick Sabo,WRA Director;Wyatt Pearson, Planning Director;Joe
Wilder, Public Works Director; Mark Cheran,Zoning Administrator; and Wayne Corbett, Deputy
Treasurer.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. The WRAA Executive Director requests an Airport Capital Fund supplemental appropriation in
the amount of$1,500,000 and a General Fund supplemental appropriation in the amount of
$225,000(pending grant award). These amounts represent a potential DOAV grant and the
requested local share. See attached memo, p. 3. The committee recommends approval.
2. The Zoning Administrator requests a Development Projects Fund and a General Fund
supplemental appropriation in the amount of$310,000. This amount represents funds needed
for the completion of Marion Drive. Local funds are required. See attached memo, p.4—5.The
committee recommends approval.
NO ACTION REQUIRED BY BOARD OF SUPERVISORS:
1. The Parks& Recreation Director requests a General Fund supplemental appropriation in the
amount of$200,000. This amount represents proffer funds for the construction of Pickleball
Courts at Clearbrook Park and a Playground at Sherando Park. This item was approved by the
P&R Commission. No local funds required. See attached memo, p.6—7. Item was removed
from the agenda awaiting further information.
Minute Book 47
Board of Supervisors Regular Meeting of December 8,2021
County of Frederick, Virginia
198
2. Per the Finance Committee's request,the Planning and Public Works departments have
developed a recommendation on the process and policy for a periodic review of held
bonds/LOCs. The Planning Director provides information on a Monetary Guarantees
Procedure. See attached information, p. 8. The committee returns the item to the Planning
Department for further study.
INFORMATION ONLY
1. The Finance Director provides a Fund 10 Transfer Report for October 2021. See attached, p.9.
2. The Finance Director provides financial statements ending October 31,2021. See attached,
p. 10—20.
3. The Finance Director provides an FY 2022 Fund Balance Report ending November 12,2021.
See attached, p.21.
4. The Government Finance Officers Association (GFOA) has awarded the County the Certificate of
Achievement for Excellence in Financial Reporting for the June 30,2020 Annual Comprehensive
Financial Report(ACFR). This is the 35th consecutive year that Frederick County has received
this achievement. See attached, p.22—23.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter,Chairman
Charles DeHaven
Robert Wells
Gary Oates
Jeffrey Boppe
Angela Wiseman
By
Finance Director
Minute Book 47
Board of Supervisors Regular Meeting of December 8,2021
County of Frederick, Virginia
199
Board of Supervisors Meeting Minutes of December 8, 2021 - Appendix 2
HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS
Friday, November 12,2021
9:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Human Resources Committee meeting was held in the First Floor Boardroom at 107 North Kent Street on Friday,
November 12,2021,at 9:00 a.m.
ATTENDEES:
Committee Members Present: Bob Wells,Chairman; Don Butler; Dave Stegmaier; Beth Lewin; and Kim
McDonald.
Staff present:Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney;and Steve
Majchrzak, Frederick County Fire and Rescue Chief.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. As a result of changes to the Virginia Human Rights Act,Title 2.2,Chapter 39 of the Virginia Code,the
Human Resources Department presented changes to Frederick County Human Resources Policy V—
Recruitment Selection and Employment and Policy XX—Non-Discrimination/Non-Harassment. These
changes comply with requirements of the Virginia Code. (Exhibit A)
The committee recommends approval,5 in favor&0 against.
2. The Human Resources Department presented recommended changes to Frederick County Human
Resources policy regarding XIX—Driver Authorization Policy. (Exhibit B)
The committee recommends approval,5 in favor&0 against.
3. The HR Committee entered into a closed session pursuant to Virginia Code§2.2-3711(A)(1)for
consideration of nominees for Employee of the Year. Don Butler moved that the HR Committee enter a
closed session and Dave Stegmaier seconded the motion.The HR Committee came out of closed session
and conducted a roll call vote certifying that there was no discussion other than determining the
Employee of the Year.
Bob Wells—Aye Dave Stegmaier—Aye Don Butler-Aye
Beth Lewin—Aye Kim McDonald—Aye Doug McCarthy-Absent
Bob Wells moved to approve the Employee of the Year as discussed in closed session and the Committee
approved the motion.
The award recipient will be recognized by the Board of Supervisors at its December 2021 meeting. Due to
the COVID pandemic in 2020, an Employee of the Year for 2020 was not selected.All employee of the
month winners for 2020 and 2021 were considered for this award.)
Minute Book 47
Board of Supervisors Regular Meeting of December 8,2021
County of Frederick, Virginia
200
ITEM FOR INFORMATION PURPOSES ONLY
The IT and HR Departments are exploring learning management systems to accommodate the increased
demand for training that exists in the County.
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Bob Wells,Chairman
Don Butler
Beth Lewin
Doug McCarthy
Kim McDonald
Dave Stegmaier
By
Michael J. Marciano, Director of Human Resources
Minute Book 47
Board of Supervisors Regular Meeting of December 8,2021
County of Frederick, Virginia
201
Board of Supervisors Meeting Minutes of December 8, 2021 - Appendix 3
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday December 8,2021
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: November 16, 2021
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on November 9, 2021. Member's present were:
Gary Longerbeam, Ron Madagan, Natalie Gerometta, Randy Carter, Guss Morrison, Amy
Strosnider, Charles Sandy,Jr., Dennis Grubbs. Non-voting Board Liaison; Mr. Robert Wells.
Members absent: None
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. The Committee recommends requesting$200,000 of Parks and Recreation proffer funds to
complete a playground at Sherando Park-Warrior Drive entrance and Pickleball Courts at
Clearbrook Park, seconded by Mrs. Strosnider, carried unanimously(8-0). This request will be
forwarded to the Frederick County Finance Committee for their recommendation.
2. Mr. Madagan made a motion the Board of Supervisors explore a potential partnership with
the 2 For 2 Foundation to provide an aquatic and ice-skating facility for the community,
seconded by Mr. Sandy, carried unanimously(8-0).
3. Mr. Sandy made a motion to utilize the funds from the School Grounds Equipment
Maintenance Fund to purchase equipment necessary to fulfill the department's obligation of
maintaining the outdoor school grounds as outlined in the Cooperative Use Agreement with
Frederick County Public Schools, seconded by Mr. Carter, carried unanimously(8-0).
4. The Committee recommends the Capital Improvement Plan (CIP) as submitted, seconded
by Mr. Sandy, carried unanimously (8-0). The CIP will be forwarded to the Frederick County
Planning Commission for their review. (Attachment A).
5. The Committee is requesting the following projects be considered for funding from
American Rescue plan Act (ARPA) funds recently received by the Winchester-Frederick County
Convention and Visitors Bureau; Sand Volleyball Complex Lighting, completion of Sherando
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Park Softball Complex, Winter Wonderland Event additions, Conversion of Rectangular Field to
artificial turf with lights, seconded by Mr. Sandy, carried unanimously(8-0).
Cc: Gary Longerbeam, Chairman
Robert Wells, Board of Supervisors' Non-Voting Liaison
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Board of Supervisors Meeting Minutes of December 8, 2021 - Appendix 4
JOINT PUBLIC WORKS COMMITTEE/LANDFILL OVERSIGHT COMMITTEE REPORT
to the BOARD OF SUPERVISORS
Tuesday, November 30, 2021
8:00 a.m.
Board of Supervisors Meeting Room
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present:J. Douglas McCarthy, Chairman; Robert W. Wells; Gary
Longerbeam; Gene Fisher; and Harvey E. "Ed" Strawsnyder,Jr.
Committee Members Absent: none
LANDFILL OVERSIGHT COMMITTEE ATTENDEES:
Committee Members Present: Michael Bollhoefer; Robert W. Wells; Perry Eisenach; Stan
Crockett; and Chris Boies;Justin Hall; Mike Neese
Committee Members Absent:
Staff present:Joe C. Wilder, Director of Public Works; Mark Fleet, Building Code Official; Gloria
Puff inburger, Solid Waste Manager; Ron Kimble, Landfill Manager; Kathy Whetzel,Animal
Shelter Manager; Holly Grim, Assistant Animal Shelter Manager; Rod Williams, County
Attorney; Michael Bollhoefer, County Administrator;Jay Tibbs, Deputy County Administrator;
Karen Orndorff, Public Works Operations Manager
(Attachment 1)Agenda Packet
ITEMS FOR INFORMATION ONLY
1-We held a joint Public Works Committee/Landfill Oversight Committee meeting to discuss
the proposed Landfill Budget for Fiscal Year 2023. Staff updated committee members about
several on-going projects at the Landfill. The main project occurring this year is developing the
bottom liner system for an approximate 11 acre, MSW Landfill Phase 3, Cell A.The cost for the
new cell development is $4,000,000.
We also discussed a future project in the development of Phase 2 of our
Construction/Demolition Debris (CDD) Landfill.There will be additional costs with that project
due to more stringent environmental regulations related to wetlands and stream impacts. We
informed committee members that it is not getting any less expensive to develop Landfill
airspace. Once we complete the MSW cell development in calendar year 2022,we will begin
developing Phase 2 of the CDD Landfill.
After some addition discussions with the committees and staff, Supervisor Bob Wells made a
motion to endorse the proposed FY2023 Landfill budget and to forward it to the Finance
Department for further consideration.The motion was seconded by committee member Gene
Fisher.The motion was unanimously approved by both committees.
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2-We informed the committees that the only tipping fee increase in FY2023 will be for
commercial tires.The proposed rate will be$200 per ton for commercial tires. It is hopeful we
can reduce the number of commercial tires at the Landfill with this increase.
3-Staff presented the Public Works Department FY2023 budgets. Each particular budget was
discussed with just a few questions. Therefore, committee member Strawsnyder made a
motion to endorse all the budgets and to forward them to the Finance Department for further
consideration.The motion was seconded by Supervisor Wells.The committee unanimously
approved the motion.
4-The committee was informed that Viola Engineering is completing the sinkhole study and
will have a final report soon. Once the report is complete,we will hold a special Shawneeland
Sanitary District Committee (SSDAC) meeting in January 2022 to discuss the different options
for repairing/mitigating the sinkholes along with cost estimates for the various options. Once
we get a recommendation from SSDAC,we will come back to the Public Works Committee for
further discussion.
5-The Animal Shelter has requested that restitution funds totaling$1,501.54 be appropriated
into the FY2022 Animal Shelter budget.A motion was made by Supervisor Wells to endorse
the request and forward to the Finance Committee for further action.The motion was
seconded by committee member Gene Fisher and unanimously approved by the committee.
Respectfully submitted,
Public Works Committee
J. Douglas McCarthy, Chairman
Robert W.Wells
Gary Longerbeam
Gene Fisher
Harvey E. "Ed" Strawsnyder,Jr.
By
Joe-
Public
oePublic Works Director
JCW/kco
Attachments: as stated
cc: Michael Bollhoefer, County Administrator
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Rod Williams, County Attorney
Kevin Alderman, Shawneeland District Manager
Kathy Whetzel, Animal Shelter Manager
Mark Fleet, Building Code Official
file
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Board of Supervisors Meeting Minutes of December 8, 2021 - Appendix 5
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, November 22, 2021
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates
(Voting), James Racey (Voting), Charles DeHaven, Jr. (Voting), Shawn Graber (Voting)
and Lewis Boyer(Liaison Stephens City).
Committee Members Absent: Cordell Watt(Voting)
Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS FOR INFORMATION ONLY:
1-Funding Goal Setting and Prioritization: Staff provided an overview of the Transportation
funding mechanisms that had been discussed at the previous meeting with setting a goal for the
upcoming budget consideration. Staff presented an outline table with various tools for
generating Revenue for the Committee to consider. The goal is to fully utilize available
opportunities which included SmartScale, Transportation Alternatives, Revenue Sharing and
Transportation Partnership Opportunity Fund. The recommended target is$1.7M for FY 22-23
and FY23-24 and $6.7M for FY 24-25 assuming full utilization and success of Revenue Sharing.
Also, Staff outlined a project pipeline for projects that have been identified also in the past and
current County planning efforts. Tier 1 of the project categorization is category A projects are
actively in the application process or have recently been denied but the County wishes to
continue to refine and pursue, Category B is projects under preparation that may not be ready
for submission or if more there are more applications ready projects in Category A that score
higher in prioritization process than there are application opportunities, and Category C is for
projects that are County priorities that are not ready for an application to various programs
which the County takes advantage of. Staff gave preliminary examples of each. Committee
discussed the goals with the history of the past on some of the projects in Categories and
direction of the recommendation that Staff had outlined was favored by the Committee to
allocate funds for future growth.
2-Opening Discussion: Route 37 Phasing: Staff discussed the Route 37 Phasing alternatives and
prioritizations will take some time. As an opening the discussion Staff covered the different
types of facilities in Virginia and how much traffic they carry. The busiest segment is Route 50
and Route 522 that had 35,000 Annual Average Daily Traffic(AADT) and 39,000 Average Annual
Weekday Traffic (AAWDT). The study was based on 2019 data. The discussion has come up to
Staff about Route 37 becoming a Parkway mostly from developments. Staff gave some statistics
from other Parkways in our area with Loudoun County having 40,000 AADT and 42,000 AAWDT,
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Fairfax County Parkway having 71,000 AADT and 76, 000 AAWDT, and Prince William County
Parkway 53,000 AADT and 56,000 AAWDT.
3-Transportation Forum Summary: Staff provide a summary of attendance and community
feedback received from the forum. The Forum was well attended and a great opportunity to
meet with decision makers. Some of the comments Staff received are on Route 37 status,
Stephens City Area traffic, Bicycle, Pedestrian planning, Public Transportation, Route 7
westbound delay and Redbud Run to 1-81.
4-County Project Updates:Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81
Bridge: The final bills are coming in and historic signs are to be installed by Shenandoah Valley
Battlefield Foundation by the end of December.
Renaissance Drive: Unchanged status. Easement and right-of-way paperwork has been
submitted to CSX for consideration and staff is in discussions with property owners for right-of-
way.
5-Other: The Committee discussed the potential impacts of recent election on State
Transportation structure. The Legislative issues with the infrastructure bills was discussed by
Staff to include a $7 billion for federal aid highway programs, $537 million for Bridge
replacement and repairs, network of chargers for electric vehicles, $100 million for broadband
and $700 million for updating waterlines
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County of Frederick, Virginia