051-22 (OrdAmendmentChapter7Elections(TwoPrecinctsForConformance)) 'f
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ORDINANCE
February 23, 2022
The Board of Supervisors of Frederick County, Virginia hereby ordains that
Sections 7-7 (Precincts and respective polling places enumerated) and 7-8
(Boundaries) of Article If (Election Precincts) of Chapter 7 (Elections) of the Code of
Frederick County, Virginia be, and the same hereby are, amended by enacting
amended Section 7-7 (Precincts and respective polling places enumerated) and 7-8
(Boundaries) of Article II (Election Precincts) of Chapter 7 (Elections) of the Code of
Frederick County, Virginia, as follows and to take effect immediately (deletions shown in
stFikethrGUgh, additions shown in bold underline, and with those portions of the
sections not being changed denoted by [Unchanged]):
CHAPTER 7 Elections
ARTICLE 11 Election Precincts
§ 7-7 Precincts and respective polling place 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
Cedar Creek Middletown Elementary School
Gore North Mountain Fire Hall
Kernstown Orchard View Elementary School
Middletown Middletown Elementary School
Russells Round Hill Fire Event Center
B. Gainesboro Magisterial District
Precinct Palling 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
Sulphur Spring Evendale Elementary School
Greenwood Greenwood Mill Elementary School
Millbrook Millbrook High School
E. Shawnee Magisterial District
Precinct Polling Place
Armel Armel Elementary School
Parkins Mill Bowman Library
Shenandoah Evendale Elementary School
White Oak School Armel Elementary School
2
F. Stonewall Magisterial District
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 Clark Road. Thence following the centerline of Clark
Road generally southwest and then southeast until the intersection
with Hites Road. Thence following the centerline of Hites Road north
to the intersection with Marlboro Road. Thence proceeding we�&t east
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 Middle
Road, arriving at the starting point.
(2) [Unchanged]
3
(3) Kernstawn 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 Hites Road. Thence following the
centerline of Hites Road south to the intersection with Clark Road.
Thence following the centerline of Clark Road generally northwest
and then northeast 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 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) — (5) [Unchanged]
B. - C. (Unchanged]
D. Redbud Magisterial District.
(1) Ash Hallow Precinct. [Unchanged]
(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 Sulphur
Spring Road. Thence following the centerline of Sulphur Spring Road
west Reute 50. ThenGe following the Route 50 eastbound!
Route 50. ThenGe following the Route 50 eastbound lanes west to-the
ifTl'e F6e9-tOA- Wo Lk 2-'U 1phur Spring Read. The R^Ge following the /.enterline Af
SulphuF Spring Read 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) Sulphur Spring Precinct. Beginning at the intersection of Sulphur
Spring and 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
4
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 the boundary between Frederick County and
Clarke County, arriving at the starting point.
{3,} (4) Greenwood Precinct. [Unchanged]
(44 LQ Millbrook Precinct. [Unchanged]
E. - F. [Unchanged]
Enacted this 23rd day of February, 2022.
Charles S, DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Blaine P. Dunn Aye Josh Ludwig Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. Bollho f
Clerk, Board of upervisors
Res. No. 051-22
5
COUNTY OF FREDERICK
r
Roderick B. Williams
County Attorney
® �
540/722-8383
173 8 Fax 540/667-0370
173
E-mail rwillia@fcva.us
MEMORANDUM
TO: The Honorable Chairman and Members of the Board of Supervisors
FROM: Roderick B. Williams, County Attorney
DATE: January 30, 2022
RE: Proposed ordinance to adjust two precincts for conformance with House of
Delegates Districts; planned advertising for public hearing on February 23
Attached please find illustrative maps and a proposed ordinance, respectively explaining
and reflecting two proposed changes to the County's recently adopted precinct map. The purpose
of the changes is to conform the County's precinct map to the subsequently adopted state
legislative districts map, to eliminate the County having any "split precincts". Owing to the time
sensitivity of precinct changes relative to the requirements imposed on the County's Office of
Elections, in terms of a potential June primary election, staff plans to arrange the necessary
advertising for the Board to conduct a public hearing on this item at its February 23 meeting.
As the Board is aware, to complete the local redistricting by the December 31, 2021
deadline mandated by the Constitution of Virginia and due to the Census Bureau's delays in
releasing the 2020 Census data and the failure of the Virginia Redistricting Commission to adopt
federal and state legislative district maps, the County's redistricting process preceded the state's
adoption of federal and state legislative district maps. Ultimately, owing to the Virginia
Redistricting Commission's failure, the Supreme Court of Virginia, pursuant to Article 11,
Section 6-A of the Constitution of Virginia, on December 28, 2021, entered an Order adopting
federal and state legislative district maps.
The Supreme Court's federal and state legislative district maps for the County have two
small instances which present so-called "split precincts", a"split precinct" being one where the
slate of candidates may differ among voters in that precinct, depending upon a voter's place of
residence within the precinct. Split precincts are disfavored because they increase the chance that
voters may receive the wrong ballot. Owing to this, state law now requires localities to seek
annual waivers from the State Board of Elections, with approval of such waivers not assured.
107 North Kent Street • Winchester, Virginia 22601
Accordingly, to conform the County's precinct map to the federal and state legislative
district maps, attached are maps of House of Delegates Districts 31 and 32, maps illustrating
proposed changes to County precincts, and a proposed ordinance, to be advertised for public
hearing at the Board's February 23 meeting. Important to note here is that the state's legislative
maps place the County entirely within the 6th Congressional District and entirely within the 1st
State Senate District. The maps only split the County between two House of Delegates Districts,
Districts 31 and 32, as was inevitable due to the County's population exceeding the population of
an optimal House of Delegates District by almost 6%.
With respect to the two proposed precinct changes, they are:
• In the Back Creek District, moving the area bounded by Marlboro Road, Hites Road,
Clark Road, and Middle Road from the Cedar Creek Precinct to the Kernstown Precinct.
The entirety of the current Cedar Creek Precinct, except for this area, is in House of
Delegates District 31, and the entirety of the current Kernstown Precinct is in House of
Delegates District 32, so moving this area will result in the entirety of the Cedar Creek
Precinct being in District 31 and the entirety of the Kernstown Precinct being in District
32, and therefore no split precincts. This change would affect a population of 120, or just
13/100th' of a percent of the County's population. Prior to the County's recent
redistricting, this area was in the Kernstown Precinct, so this change would effectively
return the area to its previous precinct.
• In the Redbud District, moving the area bounded by Sulphur Spring Road, Opequon
Creek, Route 50, Airport Road, and Victory Road from the Carpers Valley Precinct to a
new precinct, the Sulphur Spring Precinct. The House of Delegates District maps split the
current Carpers Valley Precinct, such that the entirety of the indicated area (the new
Sulphur Spring Precinct)would be in House of Delegates District 31 and the entirety of
the remainder of the Carpers Valley Precinct would be in House of Delegates District 32.
This change would eliminate that split. This precinct would use Sulphur Spring
Elementary School as its polling place, which is allowable, per Virginia Code § 24.2-
310(A), as the school is within one mile of the precinct boundary. This change would
affect a population of 579, or 63/1 00th' of a percent of the County's population.
State law permits localities to adjust district or ward boundaries to the extent such
adjustments do not affect the lesser of more than five percent of the ward or district or 250
persons, Virginia Code § 24.2-304.1(D), but this limitation does not apply to precinct
boundaries, so the Board has the authority to make the proposed changes. The changes, if
approved, will require submission of a request for a certification of no objection to the Attorney
General of Virginia, but given the rather small nature of the changes and the reason for them, I
would anticipate no objection.
.We separately have pending with the Attorney General's Office the County's request for a certification of
no objection as to the overall County redistricting that the Board approved on December 8. We completed
submission of all requested information to the Attorney General's Office on January 10 and await a response.
Virginia Code § 24.2-129(D)provides for a 60-day period for the Attorney General's Office to respond.
Attachments
cc: County Administration
Information Technology/Geographic Information Systems
Voter Registration
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SCV FINAL HOD Plan Type and Name:House of Delegates:SCV
District: 32
Martinsburg
�44 Ye
Inwood
am nay
Chu[Chu[
es
Town
Hig iew
Frederick
Winchester
Berryville
Clarke
Loudoun
Shenandoah
Warren
Fau uier
Ideal Population: 86,314 Deviation: -1.35 % Total Population: 85,153
Based on: 2020 Census Geography,2020 PL94-171
"�'EDGE 2020
Map Date: 12/24/2021 9:18:04 AM Plan Last Edited on: 12/24/2021 9:12:07 AM Page:35 - ; Professiora'Redistricting
7 ASH-HOLLOW:
IV"N
Indian Senseny.Rbad
Hol low School
Elementary NAIN Round Hill SHENANDOAH
C1 Community
\ Center ,
50
2
d
REDLAND
w
PARKINS
MILL
37
North
Mountain
Fire Hall
Orchard View
Elementary
5 RUSSELLS BASS-HOOVER
KERNSTOWN
STEPHENS
CITY
GORE 11
Middletown I
CEDAR CREEK Elementiry`�
l
MID-LTOWN
VAUCLUSE
SPRING
55
Back Creek 2021
Voting Precincts
w
s
Map created by the Frederick
County GIS Division of the Department of
Information Technologies,1/28/2022.
107 N Kent St,Winchester VA 22601
Redbud 2021
Millbrook JORDAN
High Schoo RI d Bud R SPRINGS Voting Precincts
Elementary
NEFFS TOWN
7
GIBSON-
SCHOOL
s
Map created by the Frederick
MILLBROOK County GIS Division of the Department of
Information Technologies,1/28/2022.
107 N Kent St,Winchester VA 22601
Dowell J.
Howard
Center
GREENWOOD
Greenw oo d.Mill
Elem`ent`ary/
r
SASH HOLLOW
Senseny�
Road School
CARPERS
VALLEY
SHENANDOAH
SULPHUR SPRING
Evendale 50
Elementary
School
PARKINS MILL
2
ARMEL
eH `� NOTICE OF PUBLIC
HEARING
The Frederick County Board of Supervisors will hold a Public
Nearing on Wednesday, February 23, 2022, 7:00 P.M., in the
Board of Supervisors' Meeting Room, County Administration
Building, 107 North Kent Street, Winchester, Virginia, to
Consider the Following:
Ordinance to Amend Sections 7-7 and 7-8 of Chapter 7,
Elections, of the Frederick County Code. The Ordinance
Would Make Changes to Sections 7 and 7-8 of Chapter 7 to
Conform the County's Precincts to the Nouse of Delegates
District Maps Approved by the Supreme Court of Virginia
Consequent to the 2020 United States Census and the
Applicable Provisions of the Constitution of Virginia. The
Ordinance Would Eliminate the Two Current Instances of Split
Precincts, Where Different Voters in a Precinct Receive
Different Ballots for Different Offices Depending Upon a Voter's
Specific Residence Location in the Precinct.
-------------------
Ordinance to Amend Section 7-3 of Chapter 7, Elections,of
the Frederick County Code.The Ordinance Would Provide for
the Usage of Space at 261-263 Sunnyside Plaza Drive (in
Sunnyside Plaza as a Polling Place for the Central Absentee
Voting Precinct for any Elections Taking Place in 2022.
----------------------
Inquiries concerning the above item(s) may be addressed to
the Office of the County Administrator betw5eonday through yyen the hours
1 of
8:00 AM.and , 1137 North Kent
file($ cludingOthe ullntext of ania 22601 y5orrdinance6or of 66.Any subject
items)to be adopted are available at the Office of the County
Administrator,
Ordinance Amendment - Inoperable Motor Vehicles - Electronic commenting on the county website at
Chapter 165, Zoning, Article I Genera! Provisions; www.fcva.us/BOSMeetings (Click on the 'eComment to submit
A�,endments; and Conditional se Permit. a -TOT-Ge—neral Your comments.)
Sud cions, 65-Use Definitions and ora Usage;Article II Email to county staff Karen Vacchio at kvaechio@fcva,us or
5e u ata entary Use Regulations; Parking; Buffers Ann Phillips at ann. hilli s fcva.us b noon on 6 ac y oTthe
legu�aEi—odor peci ic'Cfsesoart 2A4 Additional egu al fions i p p—p @ y y
ped icic ses, 10 .11 Landfills, Jun ards, Trash meeting.
Disposal, and Inoperable Vehicles. Revision to hapter 165, Mail to: February 23 Public Hearing Comments, 107 N. Kent
rovisionsulementary Use Regulations, and Regulations
Zoning, to Amend Requirements Contained General St., Winchester, VA 22601. Include your name, address, and
P , Spp
for S ecific Uses to Include Inoperable Trailers, Semi-Trailers, magisterial district.
and Campers.
In person by calling the Deputy Clerk at 540-722-8273 to
---_----------_----- arrange to drop off your comments.
Inquiries concerning.the above item(s) may be addressed to ---------_-----------
the Office of Planning and Development, between the hours of Interested citizens may appear before the Board to speak on
8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North T pp p
Kent Street, Winchester, Virginia 22601, (540)665-5651. Any the above item(s)),
he agenda is available online at
subject file s), including the full text of an ordinance or of any www.fcva.usfBOSMeetings and at the Frederick County
other items) to be adopted are available at the Office of ministrativeoffices, 1�i7 North Kent Street, Winchester,
Planning and Development. Virginia.
The Board and staff are following current recommendations for Michael L. Bollhoefer
social distancing and public gatherings. The meeting will be County Administrator
broadcast via Cable Channel 16 and will be live streamed on County of Frederick,Virginia
the website at www.fcva.us/BOSMeetings. Citizens preferring www.feva.us
not to attend the meeting to spea are encouraged to submit
comments to the Board via:
THE WINCHESTER STAR
WEDNESDAY,FEBRUARY 16,2022
tom. PQ
f NOTICE OF PUBLIC
HEARING
The Frederick County Board of Supervisors will hold a Public
Hearing on Wednesday, February 23, 2022, 7.00 P.M., in the
Board of Supervisors' Meeting Raom, County Administration
Building, 107 North Kent Street, Winchester, Virginia, to
Consider the Following:
---------------------
r Ordinance to Amend Sections 7-7 and 7-8 of Chapter 7,
f Elections, of the Frederick County Code. The Ordinance
Would Make Changes to Sections 7-7 and 7-8 of Chapter 7 to
Conform the County's Precincts to the House of Delegates
District Maps A roved by the Supreme Court of Virginia
t Consegcent to the 2020 United States Census and the
Applicable Provisions of the Constitution of Virginia. The
Ordinance Would Eliminate the Two Current Instances of Split
Precincts, Where Different Voters in a Precinct Receive
Different Ballots for Different Offices Depending Upon a Voter's
Specific Residence Location in the Precinct.
Ordinance to Amend Section 7-3 of Chapter 7, Elections,of
the Frederick County Code.The Ordinance Would Provide for
the Usage of Space at 261-263 Sunnyside Plaza Drive (in
Sunnyside Plaza as a Polling Place for the Central Absentee
Voting Precinct for any Elections Taking Place in 2022.
Inquiries concerning the above item(s) may be addressed to
the Office of the County Administrator between the hours of
5:00 AM.and 5:00 PM, Monday through Friday, 107 North Kent
Street,Winchester Virginia 22601 (540)665-5666.Any sub1'ect
file(s , including the full text of any ordinance or of any other
items)to be adopted are available at the Office of the County
Administrator.
S ---------------------
t Ordinance Amendment - Inoperable Motor Vehicles —
r Chapter 165, Zoning Article ' i General Provisions;
Amendments; and Conditiona se ermrt, art 1 eneral Electronic commenting on the county website at
e rowsions, 1 -10 .0 a imtions and
rd Usage;Article !I www.fcva.us/I3 SMeetings (Click on the `eComment'to submit
�f Supplementary Use Regulations; Parkingg Buffers;an`Ic your comments.
it F�egu ations or pecj is s rt 2UTAH,fiona egu atop sn
In peci is ses, Email to county staff Karen Vacchio at kvacchio@fcva.us or
x.cl Landfills, Junkyards, Trash Ann Phillips at ann.p>hillips@fcva.us by noon on the aTy o the
e Disposal, and Inoperable Vehicles, Revision to Chapter 165,
�f Zoning, to Amend Requirements Contained in General meeting.
e Provisions, Supplementary Use Regulations, and Regulations
i
for Specific Uses to Include Inoperable Trailers, Semi-Trailers, Mail to: February 23 Public Hearing Comments, 107 N. Kent
and Campers, St., Winchester, VA 22601. Include your name, address, and
magisterial district.
In person by calling the Deputy Clerk at 540-722-5273 to
.T Inquiries concerning the above item(s) may be addressed to arrange to drop off your comments.
the Office of Planning and Development, between the hours of
8:00 A.M, and 5:00 P.M., Monday through Friday; 107 North ------------ _____
. Kent'Street, Winchester, Virginia 22601, (540)665-5651. Any
subject Erle s), including the full text of any ordinance or of any Interested citizens may appear before the Board to speak on
r other items) to be adopted are available at the Office of the above item(s). The agenda is available online at
Planning and Development. www.fcva.us/BOS eetings and at the Frederick County
minjstrativeOffices, 107 North Kent Street, Winchester
The Board and staff are following current recommendations for Virginia.
social distancing and public gatherings. The meeting will be
0 broadcast via Cable Channel 16 and will be live streamed on Michael L. Bollhoefer
the website at www.fcva.us/BOSMeetings. Citizens preferring County Administrator
not to attend the meeting to speak are encouraged to submit County of Frederick,Virginia
comments to the Board via:
www.fcva.us
The
Winchester Star
Wednesday
February 9,2022