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January 26 2022 Regular Meeting Minutes 241 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 26, 2022 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; J. Douglas McCarthy, Vice Chairman; Robert W. Wells; Judith McCann-Slaughter; Blaine P. Dunn; Shawn L.Graber;and Josh E. Ludwig were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; Tyler Klein, Senior Planner; and Scott Varner, Director of Information Technology. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Wells delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman McCarthy led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED The proposed agenda was adopted as amended on a voice vote following a motion by Supervisor Graber, seconded by Vice Chairman McCarthy. CITIZEN COMMENTS - None Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 242 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Vice Chairman McCarthy seconded the motion which carried on voice vote. -Approval of Minutes of Work Session and Regular Meeting of January 12, 2022 - CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session of January 19, 2022 -CONSENT AGENDA APPROVAL -Acceptance of Parks and Recreation Commission Report of January 11, 2022 - CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Finance Committee Report of January 19, 2022 - CONSENT AGENDA APPROVAL,Appendix 2 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said had received a voice message from a constituent that was garbled, and he was unable to return the call. He requested the caller try to reach him again. Supervisor Graber noted the School Board's recent vote to continue requiring masks in schools in opposition to the Governor's order. He said he is watching for a state supreme court decision on the matter, and if the School Board does not comply with the governor's order, he will support a reduction in funding to the schools. Supervisor Ludwig said he is disappointed that the parents' rights to determine mask wearing for their children have not been restored in the County schools and encouraged the School Board to re-visit their decision. He spoke in favor of Supervisor Graber's proposal to reduce funding in response to the School Board decision. Vice Chairman McCarthy agreed with the two previous speakers and urged support for the school choice bill which will allow funding to follow the child to alternate school options. He said he would like to see the School Board's budget request be presented in a categorical funding format. + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 243 COUNTY OFFICIALS REQUEST TO EXTEND WATER AND SEWER SERVICE OUTSIDE THE LIMITS OF THE SWSA FOR ABUNDANT LIFE CHURCH—751-761 OLD CHARLESTOWN ROAD -APPROVED Assistant Planning Director Candice Perkins explained the request from Abundant Life Church to authorize Frederick Water to serve four parcels with public water and sewer. She added that since this exception is not seeking to expand the boundary of the SWSA, this request could be decided by the Board of Supervisors without a public hearing or amendment to the Comprehensive Plan. Ron Mislowski of Pennoni Engineering, representing the Applicant, discussed the request and noted the Church will pay for the needed improvements to begin receiving the water and sewer services. Supervisor Slaughter moved for approval of the request from Abundant Life Church to authorize Frederick Water to serve four parcels at 751-761 Old Charlestown Road with public water and sewer. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + AGREEMENT TO SEND LETTER TO SCHOOL BOARD ASKING THAT THE FCPS BUDGET REQUEST BE PRESENTED TO THE BOS IN CATEGORICAL FUNDING FORMAT-APPROVED Vice Chairman McCarthy moved that the Board send a letter to the Frederick County School Board requesting that the Schools' annual budget request be presented to the Board of Supervisors in a categorical funding format. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 244 Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS DIANE L PAYNE APPOINTED TO SOCIAL SERVICES BOARD AS RED BUD DISTRICT REPRESENTATIVE—APPROVED Supervisor Dunn moved to appoint Diane L. Payne to an unexpired four-year term ending 03/24/25 on the Social Services Board. Vice Chairman McCarthy seconded the motion which carried on a voice vote. RHETT CHAMPAGNE APPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY—APPROVED Supervisor Slaughter moved to appoint Rhett Champagne to a four-year term on the Winchester Regional Airport Authority. Vice Chairman McCarthy seconded the motion which carried on a voice vote. ERIC F. LOWMAN RECOMMENDED FOR REAPPOINTED TO THE BOARD OF ZONING APPEALS—APPROVED Supervisor Dunn moved to recommended to the Circuit Court that Eric F. Lowman be reappointed to serve a five-year term on the Board of Zoning Appeals representing the Red Bud District. . Vice Chairman McCarthy seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 245 CHAIRMAN'S BOARD AND COMMITTEE ASSIGNMENTS FOR 2022 ANNOUNCED Board Member Assignments for 2022 Charles S. DeHaven, Jr. Finance Committee, Chair; Human Resources Committee, alternate; Technology Committee; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate; Handley Regional Library Board liaison, alternate. Blaine P. Dunn Code&Ordinance Committee; Finance Committee; Human Resources Committee, Chair; Technology Committee; Public Safety Committee; Northern Shenandoah Valley Regional Commission; Joint Finance Committee; Fire& Rescue Association liaison. Shawn L. Graber Transportation Committee; Northern Shenandoah Valley Regional Commission; Agricultural District Advisory Committee; Extension Leadership Committee. Josh E. Ludwig Human Resources Committee; Planning Commission liaison; Social Services Board liaison. Judith McCann-Slaughter Transportation Committee, Chair; Metropolitan Planning Organization; Conservation Easement Authority; Economic Development Authority; Northwestern Regional Jail Board; Tourism Board liaison. J. Douglas McCarthy Code &Ordinance Committee, Chair; Public Works Committee, Chair; Technology Committee, Chair; Planning Commission liaison alternate. Robert W. Wells Public Safety Committee, Chair; Public Works Committee; Northwestern Regional Jail Board; Parks & Recreation Commission liaison; Landfill Oversight Committee; Frederick Water Board liaison; Handley Regional Library Board liaison. Citizen Committee Appointments for 2022 Code&Ordinance Committee Finance Committee Derek C.Aston Jeffrey S. Boppe Stephen G. Butler Gary R. Oates James A. Drown Angela L. Rudolph-Wiseman Human Resources Committee Information Technologies Committee Don Butler Quaisar Absar Beth Lewin John F.Jewell Kimberly G. McDonald Todd Robertson Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 246 Public Safety Committee Public Works Committee Walter"Walt" Cunningham Gene E. Fisher Helen Lake Gary E. Longerbeam Dennis D. Linaburg Ed Strawsnyder,Jr. Kevin W. Kenney Transportation Committee Gary R. Oates Kevin W. Kenney Shontya Washington + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Public Works Director requests a General Fund supplemental appropriation in the amount of $1,501.54. This amount represents court ordered restitution received; The Department of Social Services requests a General Fund supplemental appropriation in the amount of $13,336. This amount represents an insurance reimbursement for an auto claim; The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$41,351.14. This amount represents insurance reimbursement for lightning damage; The Sheriff requests a General Fund supplemental appropriation in the amount of $3,584.42. This amount represents insurance reimbursement for vehicle damage to be used for repairs; The Sheriff requests a General Fund supplemental appropriation in the amount of$16,114.84. This amount represents reimbursement from the DEA for overtime; The Sheriff requests a General Fund supplemental appropriation in the amount of $5,206.30. This amount represents reimbursement from the Secret Service for overtime and office supplies; and The Sheriff requests a General Fund supplemental appropriation in the amount of 900. This amount represents donations received by the department and will be applied towards a building at the impound lot. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 247 Supervisor Slaughter moved for approval of the following: Winchester -Frederick County Tourism requests an ARPA Fund supplemental appropriation in the amount of$ 160,000. This amount represents ARPA funds allocated to localities by the Commonwealth of Virginia via the Virginia Tourism Corporation. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig 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 Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $105,000. This amount represents proffer funds for the construction of a playground at Sherando Park. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig 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 Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $95,000. This amount represents proffer funds for the installation of pickleball courts at Clearbrook Park. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No 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 Director of Elections requests a General Fund supplemental appropriation in the amount of $150,000. This amount represents funds needed for expenses to accommodate eight (8) new precincts due to redistricting. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 248 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $3,784.29. This amount represents funds received for recycling scrap metal and will be used for firing range supplies. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES)– None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS CONDITIONAL USE PERMIT #11-21 FOR BARTONSVILLE ENERGY FACILITY PHASE II, LLC—APPROVED Senior Planner Tyler Klein explained the request for a Conditional Use Permit (CUP) to enable construction of a utility-scale solar power generating facility located on properties totaling approximately 636.7+/--acres and reviewed the conditions suggested by the Planning Commission should the Board find the application to be appropriate. He introduced Evan Wyatt of Greenway Engineering as the Applicant's representative. The Board and Mr.Wyatt discussed the residential areas near the site,the Applicant's offer to work with the neighbors to minimize the impact of the project,the project allowing revenues while preserving agricultural land, and the project's conformance with the Comprehensive Plan. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 249 Sam Gulland of Torch Clean Energy reviewed the phases and timing of the project and the lack of state subsidies for such projects. He and the Board discussed noise mitigation, a provision to give neighbors a two-week notice before pile driving begins, and construction hours. Chairman DeHaven opened the public comment period. Fred McDonald, Back Creek District, said that Torch did work with him on the buffer issue and said he wanted assurances that sediment will be managed in order to keep his cattle ponds clean. Diane Kerns, Gainesboro District, said she is the active manager of the land parcel in question. She said the decision to lease the property for the project was not made lightly, and that she is not interested in selling the property. She said the solar farm will have less environmental impact than using it for orchards, and that when the project ends in 20 to 30 years, open land will be needed. Cindy Bruning, Back Creek District, spoke in favor of the project saying the buffers were sufficient. Chairman DeHaven closed the public comment period. Supervisor Graber and Mr. Gulland discussed the question of runoff and County's Public Works department overseeing the construction phase of the project. Supervisor Graber moved for approval of Conditional Use Permit#11-21 with the inclusion of the updated siting agreement, a change in construction start time from 7:00 a.m. to 8:00 a.m., and a two week notice to neighbors before pile driving begins. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig 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#11-21 SOLAR SITING AGREEMENT BARTONSVILLE ENERGY FACILITY 11 TO CONSTRUCT A UTILITY-SCALE SOLAR POWER GENERATING FACILITY WHEREAS,Conditional Use Permit#11-21 for Bartonsville Energy Facility Phase 11,LLC,was submitted to construct a utility-scale solar power generating facility located on properties totaling approximately Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 250 636.7+/--acres.The properties are generally located south of Marlboro Road(Route 631),east and west of Strode McLeod Lane,north of Family Drive and west of the CSX rail corridor in Frederick County and are identified with Property Identification Numbers (PIN) 73-A-104, 74-A-18, 74-A-18A, 74-A-18B, 74-A- 19,74-A-20,and 85-A-1;and WHEREAS, Pursuant to Code of Virginia Section 15.2-2316.6 et seq., a solar facility siting agreement, between Bartonsville Energy Facility Phase II,LLC and the Frederick County Board of Supervisors was also considered;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on October 20,2021 and recommended approval with conditions;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit and solar facility siting agreement during their regular meeting on January 26,2022;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 accordance with the Comprehensive Plan; and WHEREAS,the Frederick County Board of Supervisors,pursuant to Code of Virginia Section 15.2-2316.6 et seq,agrees to the solar facility siting agreement with Bartonsville Energy Facility Phase II,LLC dated January 2022;and 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 Application #11-21 for the Bartonsville Energy Facility II utility-scale solar power generating facility is permitted on the parcels identified by Property Identification Numbers 73-A-104, 74-A-18, 74- A-18A,74-A-1813,74-A-19,74-A-20,and 85-A-1 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 Fredrick 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§165-204.26 of the Frederick County Zoning Ordinance and be in general conformance with the Phase II Expansion Area Concept Plan, included with the CUP application, prepared by Greenway Engineering, dated October 26,2021. 3. Pursuant to Code of Virginia f§15.2-2241.2(B),the owner shall comply with the Exhibit D:Expansion Area Decommissioning Plan,included with the CUP application,prepared by Torch Clean Energy, dated September 2021, and shall update the Expansion Area Decommissioning Plan every five(5)years. 4. Within thirty (30) days after the Commercial Operation Date, Bartonsville Energy Facility II,LLC shall make a one-time payment to the County in the amount of Seven Hundred Fifty Thousand Dollars($750,000.00)(the"Payment").These conditions shall be memorialized in a solar siting agreement with Frederick County,attached as Schedule C-1 of these Conditions,pursuant to Code of Virginia Section 15.2-2316.6 et seq. 5. Batteries,for the purposes of mass storage of electricity that will eventually be transferred to the grid,are prohibited as part of this CUP. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 251 6. Access to the site shall be limited to one(1)entrance from Marlboro Road(Route 63 1) via Strode McLeod Lane to be used for construction and general site access and the entrance configuration shall be in general conformance with the Phase II Expansion Area Concept Plan, included with the CUP application,prepared by Greenway Engineering,dated October 26,2021. Delivery of solar array panel construction materials will occur at the site access entrance off of Marlboro Road using Strode McLeod Lane on Sheet 3 of the Concept Plan. Solar array panel materials delivery laydown area will be restricted to Tax Parcel 74-A-18. 7. A Phase 1 Archeological Survey will be completed and submitted to the Department of Planning & Development prior to site plan approval. This survey should document the collection of historic structures on and around this development and determine if this area would qualify as a rural historic district. 8. Pile-driving of poles for solar arrays during construction shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No construction activities are permitted on Sundays.The Applicant shall provide at least two (2) weeks written notice to adjoining property owners of the start of any pile-driving activities. A copy of the written notice shall also be provided to the Department of Planning and Development. 9. Any expansion or modification of this land use will require the approval of a new CUP. + + + + + + + + + + + + + + REVISIONS TO THE FREDERICK COUNTY CODE, CHAPTER 144-SUBDIVISION OF LAND AND CHAPTER 165 — ZONING, TO CLARIFY, AMEND, AND REMOVE REQUIREMENTS CONTAINED IN GENERAL PROVISIONS, SUPPLEMENTARY USE REGULATIONS, REGULATIONS FOR SPECIFIC USES, AND DESIGN STANDARDS- -APPROVED Senior Planner Klein reviewed the proposed amendments regarding Steep Slopes; Farm Wineries, Farm Breweries, & Farm Distilleries; Inoperable Motor Vehicles; Pedestrian Access; and Street Design. Vice Chairman McCarthy and County Attorney Williams discussed the rules for operable versus inoperable motor vehicles per the state code. Mr. Williams noted the County zoning ordinance differentiates between the agricultural district and other districts regarding inoperable vehicles. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 252 Chairman DeHaven opened the public comment period. No one wished to address the Board. Chairman DeHaven closed the public comment period. Vice Chairman McCarthy moved for approval of the proposed revisions to the Frederick County Code, Chapter 144 - Subdivision of Land and Chapter 165 — Zoning, to Clarify, Amend, and Remove Requirements Contained in General Provisions, Supplementary Use Regulations, Regulations for Specific Uses, and Design Standard with exception of the proposed section regarding inoperable vehicles. Supervisor Wells seconded the motion. Chairman DeHaven moved to amend the main motion to include a request that the Planning staff review the wording in the section on Steep Slopes, specifically regarding the Zoning Administrator's right to waive certain requirements. Supervisor Graber seconded the motion to amend which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye The amended main motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye 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,an ordinance 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 Planning Commission held a public hearing on the ordinance amendment on January 5, 2022 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 26, Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 253 2022;and WHEREAS,the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health,safety,welfare and in good zoning practice;and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors 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. Chapter 165—Zoning Ordinance 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. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be provided in conformance with adopted Comprehensive Plan policies for present and future roadway classifications^^r^a^r ^r wa4k ay plans and/or approved master development plans. Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two- foot-wide grass strip or Swale between the street edge and the sidewalk, where sidewalks are required Sidewalks shall be a minimum offive(S)feet wide;multi-use trails shall be a minimum often(10)feet wide. Chapter 165—Zoning Ordinance ARTICLE II 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. Farm wineries,farm breweries and farm distilleries in the RA(Rural Areas)District shall meet the following requirements: A. Farm wineries.A farm winery shall be licensed as a Class A or Class B farm winery in accordance with§4.1-207 of the Code of Virginia,as amended,and shall be located in the RA (Rural Areas)District.No farm winery shall be established until an illustrative sketch plan has been approved.All activities specified under§ 15.2-2288.3E of the Code of Virginia shall be permitted. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 254 B. Farm breweries(limited brewery).A farm brewery shall be licensed as a limited brewery in accordance with§4.1-208 of the Code of Virginia,as amended,and shall be located in the RA (Rural Areas)District.No limited brewery shall be established until an illustrative sketch plan has been approved.All activities specified under§ 15.2-2288.3:1 of the Code of Virginia shall be permitted. C. Farm distilleries(limited distiller).A farm distillery shall be licensed as a limited distiller in accordance with§4.1-206 of the Code of Virginia,as amended,and shall be located in the RA (Rural Areas)District.No limited distillery shall be established until an illustrative sketch plan has been approved.All activities specified under§ 15.2-2288.3:2 of the Code of Virginia shall be permitted. D. The following activities are permitted accessory uses at farm wineries,breweries and distilleries: 1) On-site tours. 2) Kitchen and catering activities. 3) Providing light refreshments and appetizers(food preparation beyond this,excluding catering for events,shall require a conditional use permit for a restaurant). E. Events shall be permitted only on farm wineries,farm breweries and farm distilleries of 10 acres or larger.Events for the purposes of this section shall include but are not limited to meetings, conferences,dinners,festivals,and wedding receptions.Any event at whiek more than 100 F. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County for all farm wineries,distilleries and breweries. G. Farm wineries,breweries and distilleries that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Chapter 144—Subdivision Ordinance ARTICLE II Definitions §144-2 Definitions and word usage. Steep Slopes Land where the slope exceeds 445%35% Chapter 165—Zoning Ordinance ARTICLE I General Provisions;Amendments;and Conditional Use Permits Part 101 General Provisions Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 255 § 165-101.02 Definitions and word usage. Steep Slopes Land where the slope exceeds 5"35%. Chapter 144—Subdivision of Land ARTICLE V Design Standards §144-17 Streets K. Classification.The classification of proposed streets shall be determined by the Frederick County Comprehensive Plan or by the standards of the Virginia Department of Transportation VDOT.The subdivider may be required to reserve rights-of-way for and/or construct major roads as well as minor streets where applicable and construct appropriate road improvements, bicycle and pedestrian accommodations and access points. 1) Local street.A"local street" shall be a street within a subdivision which may be required to serve as access to adjoining property or to connect with streets in an adjoining subdivision_ tf a) Minimum right-of-way width shall be 55-feet(with curb and guttcr, and pedestrian accommodation on both sides) as required by VDOT standards.. 2) Minor collector.A"minor collector" shall be a street within a subdivision that collects traffic from local streets and distributes it to the major collector and arterial system.These streets provide land access service and traffic circulation within residential,commercial and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions.Minof^^"eetefs sha4l a-ve^pfoj eete ^ ^daib, 4faffie eatint at full build out ffom 401 to 3,000 daily tFips of be stfeets desigfiated as Faine ^"^eter-s by the F-Fedef ek Gotw-t.C^W,.ehmsi e D'^^ Minor collectors shall be constructed to the Virginia Department of Transportation Urban Design Standards. a) Minimum right-of-way shall be 60-feet(with curb and guttcr, and pedestrian accommodation on both sides) as required by t4e 3.14 ifti Pepa tffw1g+a� T-fa+ispertatiee VDOT standards. 3) Major collector.A"major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system.These streets provide links to higher classified routes and serve as important intracounty travel corridors.Majereellecter, shall hme a pfojeeted�we+age daily t-Faffie eetint at ftill build atA f+am 3,001 to 6-,004 GOWFAensive Plan. a) Min mttm f& of way shall be an feet.Minimum right-of-wayrequirements and roadway design shall reflect the future roadway classification as designated by the Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 256 Comprehensive Plan(including total number oflanes,medians, curb and gutter and pedestrian accommodations)and/or as required by VDOT standards. 4) Minor arterial.A"minor arterial" shall be a street designed to provide for either primary or secondary through traffic movement between major secondary roads, collectors, arterials or other major thoroughfares.Minor arterials interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility v Gompwhensive Plan and shall be constFucted to the following standaFds iH acOOF&HOe-With PFE)jeeted 444e: a) Miniffmm Fight of way shall be 90 feet. Minimum right-of-wayrequirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan(including total number oflanes,medians, curb and gutter and pedestrian accommodations)and/or as required by VDOT standards. �} Major arterial.A"major arterial' shall be a street designed as a major carrier of through traffic_ a) Minimum r4ght of.,,.,.,width shallbe 100 f ot.Minimum right-of-wayrequirements and roadway design shall reflect the future roadway classification as designated by the Comprehensive Plan(including total number oflanes,medians, curb and gutter and pedestrian accommodations)and/or as required by VDOT standards. b) Controlled access with service drives shall be required. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Slaughter announced the upcoming Restaurant Week sponsored by the Economic Development Authority. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 257 CITIZEN COMMENTS Robert Clark, Opequon District, said he represents the Exit 302 Smart Development Coalition. He reviewed the group's activities aimed at containing the Sheetz proposed for the Middletown area. Priscilla Riddell-Bellido, Stonewall District, thanked the Board for their earlier comments regarding the County Schools' continued mask mandate for students. She said her child is being segregated and denied an education because he has chosen not to wear a mask. BOARD OF SUPERVISORS COMMENTS Supervisor Graber said he has received calls from parents regarding the segregation of students who are not wearing masks. He repeated his earlier statement that he is watching for a state supreme court decision on the matter, and if the School Board does not comply with the governor's order, he will support a reduction in funding to the schools. Supervisor Dunn noted that if tax dollars followed the child, there would be more competition among schools. Supervisor Ludwig said there may need to be changes in state code, but the County should be allowed to fund schools outside the public school system. Vice Chairman McCarthy read a paraphrased version of a C.S. Lewis writing regarding the pandemic. ADJOURNMENT On motion of Vice Chairman McCarthy, seconded by Supervisor Graber, the meeting was adjourned at 8:26 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 January 26, 2022 County of Frederick, Virginia 258 Board of Supervisors Meeting Minutes of January 26, 2022 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday January 26 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: January 13,2022 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on January 11, 2022. Members present were: Guss Morrison, Gary Longerbeam, Ronald Madagan, Amy Strosnider, Randy Carter, Charles Sandy, Jr., Dennis Grubbs. Non-voting Board Liaison, Mr. Robert Wells. Members Absent: Natalie Gerometta ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Mr. Madagan made a motion to nominate Gary Longerbeam for the position of Chair for 2022, seconded by Mr. Carter, carried unanimously (7-0). 2. Mr. Madagan made a motion to nominate Charles R. Sandy,Jr. for the position of Vice- Chair for 2022, seconded by Mr. Grubbs, carried unanimously(7-0). 3. Mr. Sandy made a motion to accept the revision to the Park Suspension Policy(100.24) as presented, seconded by Mr. Madagan, carried unanimously(7-0). See Attachment 1. Cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 259 Board of Supervisors Meeting Minutes of January 26, 2022 - Appendix 2 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,January 19,2022 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors meeting room at 107 North Kent Street on Wednesday,January 19,2022 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; Delsie Jobe, DSS Administrative Services Manager; Lenny Millholland,Sheriff; Rich Venskoske, Director of Elections; and Jon Turkel,Assistant P&R Director. Others present: Justin Kerns,Winchester-Frederick County Tourism. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (D) Items 4,5,and 7-11 were approved under consent agenda. 1. Winchester-Frederick County Tourism requests an ARPA Fund supplemental appropriation in the amount of$160,000. This amount represents ARPA funds allocated to localities by the Commonwealth of Virginia via the Virginia Tourism Corporation. Frederick County must serve as the pass-through entity. If funds are not completely expended in the current fiscal year, they will be carried forward to subsequent year(s) until the eligibility period is complete. No local funds required. See attached information, p.4—5. The committee recommends approval. 2. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$105,000. This amount represents proffer funds for the construction of a playground at Sherando Park. This item was approved by the P&R Commission. No local funds required. See attached information, p.6—18. The committee recommends approval. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 260 3. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$95,000. This amount represents proffer funds for the installation of pickleball courts at Clearbrook Park. This item was approved by the P&R Commission. No local funds required. See attached information, p. 19—29. The committee recommends approval. 4. (Q)The Public Works Director requests a General Fund supplemental appropriation in the amount of$1,501.54. This amount represents court ordered restitution received. No local funds required. See attached memo, p. 30-31. 5. (Q)The Department of Social Services requests a General Fund supplemental appropriation in the amount of$13,336. This amount represents an insurance reimbursement for an auto claim. No local funds required. See attached memo, p.32. 6. The Director of Elections requests a General Fund supplemental appropriation in the amount of $150,000. This amount represents funds needed for expenses to accommodate seven (7) new precincts due to redistricting. Local funds are required. See attached memo, p. 33—34. The Director of Elections amended the request at the meeting to include eight(8) precincts for $150,000. The committee recommends approval. 7. (Q)The Deputy County Administrator requests a General Fund supplemental appropriation in the amount of$41,351.14. This amount represents insurance reimbursement for lightening damage. No local funds required. See attached memo, p.35. 8. (Q)The Sheriff requests a General Fund supplemental appropriation in the amount of $3,584.42. This amount represents insurance reimbursement for vehicle damage to be used for repairs. No local funds required. See attached memo, p.36-37. 9. (EI)The Sheriff requests a General Fund supplemental appropriation in the amount of $16,114.84. This amount represents reimbursement from the DEA for overtime. No local funds required. See attached memo, p. 38-39. 10. (d)The Sheriff requests a General Fund supplemental appropriation in the amount of $5,206.30. This amount represents reimbursement from the Secret Service for overtime and office supplies. No local funds required. See attached memo, p.40-43. Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia 261 11. (d)The Sheriff requests a General Fund supplemental appropriation in the amount of$900. This amount represents donations received by the department and will be applied towards a building at the impound lot. No local funds required. See attached memo, p.44—46. 12. The Sheriff requests a General Fund supplemental appropriation in the amount of$3,784.29. This amount represents funds received for recycling scrap metal and will be used for firing range supplies. No local funds required. See attached memo, p.47. The committee recommends approval. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for December 2021. See attached, p.48—49. 2. The Finance Director provides financial statements ending December 31,2021. See attached, p. 50—60. 3. The Finance Director provides an FY 2022 Fund Balance Report ending January 14,2022. See attached, p.61. 4. The Government Finance Officers Association (GFOA) has awarded the County the Distinguished Budget Presentation Award for the 2022 fiscal year. This is the 35th consecutive year that Frederick County has received this award. See attached, p.62—63. 5. The Government Finance Officers Association (GFOA) has awarded the County the Award for Outstanding Achievement in Popular Annual Financial Reporting for the June 30,2020 Popular Annual Financial Report(PAFR). This is the 15th consecutive year that Frederick County has received this achievement. See attached, p.64—65. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Robert Wells Gary Oates Jeffrey Boppe By Angela Wiseman Finance Director Minute Book 47 Board of Supervisors Regular Meeting of January 26, 2022 County of Frederick, Virginia