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HomeMy WebLinkAboutFebruary 23 2022 Regular Meeting Minutes 291 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 23, 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; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; John Bishop,Assistant Director of Planning-Transportation; Tyler Klein, Senior Planner; Scott Varner, Director of Information Technologies; Rich Venskoske, Director of Elections/General Registrar, Austin Cano, Assistant County Attorney; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Roderick B. Williams, County Attorney, participated remotely. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Vice Chairman McCarthy 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 Vice Chairman McCarthy, seconded by Supervisor Slaughter. CITIZEN COMMENTS No citizens wished to address the Board. Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 292 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 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 -Approval of Minutes of Joint Retreat of February 4, 2022-CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session of February 9, 2022 -CONSENT AGENDA APPROVAL -Approval of Minutes of Regular Meeting of February 9, 2022-CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session of February 16, 2022-CONSENT AGENDA APPROVAL -Acceptance of Human Resources Committee Report of February 11, 2022-CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Finance and Audit Committee Report of February 16, 2022-CONSENT AGENDA APPROVAL,Appendix 2 -Resolution for Changes in the Secondary System of State Highways: Southern Hills—Phase 2 RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 23rd day of February, 2022, adopted the following: 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. Minute Book 47 Board of Supervisors Regular Meeting of February 23,2022 County of Frederick, Virginia + + + + + + + + + + + + + + 293 - Resolution Authorizing Commencement of Litigation Regarding Letters of Credit BOARD OF SUPERVISORS RESOLUTION February 23,2022 WHEREAS,Frederick County has previously approved subdivisions to create The Farms at Frog Hollow, Sections 1 and 2,by Freedom Investment Group of Virginia,LLC and 300N,LLC,respectively,as reflected by deeds recorded as Instrument Numbers 080010470 and 110006170,respectively;and WHEREAS,to obtain such approvals,Freedom Investment Group of Virginia,LLC and 300N,LLC posted with Frederick County Letters of Credit Numbers 418056 and 546542,respectively,issued by Summit Community Bank,in the amounts of$64,660.00(subsequently reduced to$30,000.00 by agreement of the County)and $41,448.00,respectively,for the purpose of securing their obligations,as subdividers,to install infrastructure, including the construction of Marion Drive to standards necessary for acceptance of Marion Drive into the Virginia Department of Transportation State Secondary Road System,to serve the subdivision;and WHEREAS,neither Freedom Investment Group of Virginia,LLC and 300N,LLC completed the construction of Marion Drive to the applicable standards;and WHEREAS,after notice by the County to Summit Community Bank and tendering Letters of Credit Numbers 418056 and 546542 to draw in full on the same, Summit Community Bank has refused to honor Letters of Credit Numbers 418056 and 546542; NOW,THEREFORE,BE IT RESOLVED THAT the Board of Supervisors authorizes the filing by the County Attorney on behalf of the County such litigation as is necessary and proper,against Summit Community Bank,to enforce payment to the County of the sums provided under Letters of Credit Numbers 418056 and 546542, issued by Summit Community Bank,and as may have been subsequently reduced by agreement of the County;and BE IT FURTHER RESOLVED THAT the Board further authorizes the County Attorney to take such steps as are necessary and proper to prosecute such litigation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber suggested the Board seek a joint work session with the School Board. By consensus, the Board directed staff to invite the School Board to meet on March 2, 2022, at 3:30 p.m. Supervisor McCarthy requested that staff schedule a closed session on March 2 to address an item raised by the County Attorney. Supervisor Dunn recognized the good works of the Middletown fire and rescue organization. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS JIMMY SMITH APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD—APPROVED Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 294 Supervisor Wells moved to appoint Jimmy Smith to fill an unexpired four-year term ending 11/30/2022 on the Handley Regional Library Board. Supervisor Dunn seconded the motion which carried on a voice vote. MONICA WILLIAMS APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD—APPROVED Vice Chairman McCarthy moved to appoint Monica Williams to a four-year term ending 2/23/2026 on the Handley Regional Library Board. Supervisor Wells seconded the motion which carried on a voice vote. + + + + + + + + + + + + + + COMMITTEE BUSINESS—HUMAN RESOURCES COMMITTEE PLANNING DEPARTMENT POSITION TITLES CHANGES—APPROVED Vice Chairman McCarthy moved that the current Planning and Development Department position titled Planner be re-titled to Planner II at a salary range 9, and that the entry level Planner I position be added to the Salary Administration Program at a salary range 7. Supervisor Slaughter seconded the motion which carried on a voice vote. COMMITTEE BUSINESS—FINANCE COMMITTEE Chairman DeHaven moved for approval of the following: The Winchester Regional Airport Authority requests an Airport Fund supplemental appropriation in the amount of $280,000. This amount represents funds needed for aviation fuel for the remainder of the fiscal year. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Chairman DeHaven moved for approval of the following: The Winchester Regional Airport Authority requests an Airport Capital Fund supplemental appropriation in the amount of$ 296,477 and a General Fund supplemental appropriation in the amount of$126,190. These amounts represent additional Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 295 funds for a DOAV grant and the local share. 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 Chairman DeHaven moved for approval of the following: The Public works Director requests a Shawneeland Fund supplemental appropriation in the amount of$380,000. This amount represents funds necessary to seal a water leak below the lake. The request has been endorsed by the SSDAC and approved by the Public works Committee. 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 Sheriff requests a General Fund supplemental appropriation in the amount of $20,592.45. This amount represents auto claims and will be used for repairs; The Sheriff requests a General Fund supplemental appropriation in the amount of$19,950. This amount represents an auto claim and will be used toward a replacement vehicle; and The Sheriff requests a General Fund supplemental appropriation in the amount of $1,806. This amount represents donations to be used toward a building at the impound lot. 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 + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) ORDINANCE TO AMEND SECTIONS 7-7 AND 7-8 OF CHAPTER 7, ELECTIONS, OF THE FREDERICK COUNTY CODE—APPROVED County Attorney Rod Williams explained the proposed ordinance amendments reflecting two Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 296 proposed changes to the County's recently adopted precinct map. He said 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." Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Dunn moved for approval of the Ordinance to Amend Sections 7-7 And 7-8 Of Chapter 7, Elections, of the Frederick County Code. 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 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 II(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 stfiketht:aiigk, additions shown in bold underline, and with those portions of the sections not being changed denoted by[Unchanged]): CHAPTER?Elections ARTICLE II Election Precincts §7-7 Precincts and respective polling plaice 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 Minute Book 47 Board of Supervisors Regular Meeting of February 23,2022 County of Frederick, Virginia 297 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 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 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. Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 298 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 itenerally southwest and then southeast until the intersection with Frites Road.Thence following the centerline of Hites Road north to the intersection with Marlboro Road.Thence proceeding w€st 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 Maribete Middle Road,arriving at the starting point. (2) [Unchanged] (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 Rites 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 Hollow 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 Roote cn Thenee F,,,,,,ing the Roote cn of Air-poA Read nof4FA,est to the inter-seetion with Nlietoi-y Read.Tkenee following the eepAeFline lanes west to the inter-seetion with Stllp4w SpF4ig Read.Thenee following the eenter-line a So1p. F Sffi g Read east to the intersection with Greenwood Road.Thence following the Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 299 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 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 startingpoint ( 0 Greenwood Precinct. [Unchanged] 0j 0 Millbrook Precinct. [Unchanged] E. - F. [Unchanged] + + + + + + + + + + + + + + ORDINANCE TO AMEND SECTION 7-3 OF CHAPTER 7, ELECTIONS, OF THE FREDERICK COUNTY CODE—APPROVED County Attorney Rod Williams explained the proposed ordinance to permit the Office of Elections/ General Registrar to use the temporary space at Sunnyside Plaza, in addition to the location at the County Administration Building, for in-person absentee/early voting for any 2022 elections. Chairman DeHaven opened the public comment period. Miah Usmane, Opequon District, urged the Board to approve the Sunnyside voting location Chairman DeHaven closed the public comment period. Supervisor Wells moved for approval of the Ordinance to Amend Section 7-3 of Chapter 7, Elections, of the Frederick County Code. 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 ORDINANCE February 23,2022 The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 7-3 (Central Absentee Voting Precinct)of Article I(Magisterial Districts) of Chapter 7 (Elections) of the Code of Frederick County, Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 300 Virginia be, and the same hereby is, amended by enacting an amended Section 7-3 (Central Absentee Voting Precinct) of Article I(Magisterial Districts)of Chapter 7 (Elections) of the Code of Frederick County,Virginia, as follows and to take effect immediately(deletion is shown in *„.'��=and addition is shown in bold underline): CHAPTER 7 Elections ARTICLE I Magisterial Districts §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, and,for the No ,effib of-2 20 eleetieii any election taking place in 2022, at 261-263 Sunnyside Plaza Drive(in Sunnyside Plaza),Winchester,Virginia. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS ORDINANCE AMENDMENT - INOPERABLE MOTOR VEHICLES—CHAPTER 165, ZONING — APPROVED Senior Planner Tyler Klein explained the request to amend Chapter 165 — Zoning Ordinance to prohibit the unscreened storage of inoperable trailers (trailer, camping trailer, or semitrailer). He said currently, the Zoning Ordinance prohibits the unscreened outdoor storage of inoperable motor vehicles; but the current definition does not include provisions for the regulation of trailers. He said this amendment is seeking to amend the Zoning Ordinance so that trailers are subject to the same regulations as inoperable vehicles. He added that since the January 26, 2022, Board of Supervisors meeting, staff has drafted additional language in the definition section (§165-101.02) to ensure inoperable motor vehicles and trailers (trailer, camping trailer, or semitrailer) displaying a "farm use tag" or being primarily used for agricultural purposes would not be subject to regulations and enforcement of inoperable motor vehicles and trailers. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Vice Chairman McCarthy moved for approval of the Ordinance Amendment - Inoperable Motor Vehicles — Chapter 165, Zoning, Supervisor Wells 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 Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 301 RESOLUTION AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ORDINANCE 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 §165-204.11.Landfills,junkyards,trash disposal and inoperable vehicles WHEREAS,an ordinance to amend Chapter 144—Subdivision of Land Ordinance and amend Chapter 165—Zoning Ordinance to clarify, amend requirements contained in general provisions, supplementary use regulations, and regulations for specific uses,;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, 2022 and February 23,2022;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. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS SEWER WATER SERVICE AREA EXCEPTION REQUEST- NICK SANTMIER, 1930 FRONT ROYAL PIKE —APPROVED Assistant Panning Director Candice Perkins explained the request from Nick Santmier to authorize Frederick Water to serve one parcel with public water and sewer. She said the subject property is located at 1930 Front Royal Pike,Winchester, is a 2.03-acre property zoned B1 (Neighborhood Business) District and is identified by Property Identification Number(PIN): 76-2-A. She said it is the policy of Frederick County that only properties Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 302 within the Sewer and Water Service Area (SWSA) may connect to public water and sewer. She continued saying the subject property is adjacent to the existing limits of the SWSA which is located along its southern property line,and due to the property being outside the SWSA, a special exception from the Board of Supervisors is needed to allow for Frederick Water to serve the property. Supervisor Wells moved for approval of the Resolution Authorizing Frederick Water to Provide Water and Sewer Service Outside of the Sewer and Water Service Area for Nick Santmier (Pin: 76-2-A). Supervisor Slaughter 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 RESOLUTION AUTHORIZING FREDERICK WATER TO PROVIDE WATER AND SEWER SERVICE OUTSIDE OF THE SEWER AND WATER SERVICE AREA FOR NICK SANTMIER(PIN:76-2-A) WHEREAS,Frederick County has received a request from Nick Santmier to authorize Frederick Water to serve one parcel of land located at 1930 Front Royal Pike, Winchester, identified by Property Identification Number 76-2-A (2.03 acres),in the Shawnee Magisterial District; and WHEREAS,This extension of water and sewer service would only serve Property Identification Number 76-2-A(2.03 acres);and NOW,THEREFORE,BE IT RESOLVED,that the Frederick County Board of Supervisors approves the extension of water and sewer service outside of the Sewer and Water Service Area for Nick Santmier for Property Identification Number 76-2-A(2.03 acres)and does hereby authorize Frederick water to serve this property. + + + + + + + + + + + + + + 2022-2027 CAPITAL IMPROVEMENT PLAN—SENT FORWARD TO PUBLIC HEARING Assistant Panning Director Candice Perkins said the Capital Improvements Plan (CIP) is a capital facilities planning document consisting of a schedule of major capital expenditures for the County for the ensuing five-year period, as well as a category for long term projects (6 + years out). She said the 2022- 2027 CIP was presented to the Board of Supervisors for discussion and Staff was seeking authorization from the Board of Supervisors to schedule the CIP for public hearing. Supervisor Graber moved to amend the CIP before sending it forward to public hearing by removing the following items: aquatics center/ice rink; the fourth County high School; and funding for the renovation of the old Aylor school building; and adding funding for an expansion at Millbrook high school. Supervisor Dunn seconded the motion. Vice Chairman McCarthy said he would not support the motion as it would add the Millbrook High School expansion project to the CIP. Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 303 Supervisor Graber moved to amend his original motion by removing the Millbrook High School expansion project as an addition to the CIP. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Graber's original motion, now amended to remove only the following items from the CIP: aquatics center/ice rink;the fourth County High School; and funding for the renovation of the old Aylor school building, carried on a recorded vote as follows: 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 No Vice Chairman McCarthy moved to send the amended CIP forward to public hearing. Supervisor Graber seconded the motion which carried on 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 RESOLUTION 2022-2027 CAPTIAL IMPROVEMENTS PLAN(CIP) WHEREAS,the Frederick County Planning Commission discussed the 2022-2027 Capital Improvements Plan(CIP) at their regular meeting on February 16, 2022. The Planning Commission recommended approval of the CIP and affirmed that the projects contained within the CIP are in conformance with the Comprehensive Plan;and, WHEREAS,the Frederick County Board of Supervisors discussed the CIP at their regular meeting on February 23, 2022;and, WHEREAS,the Frederick County Board of Supervisors affirmed the determination of the Planning Commission that the projects contained in the 2022-2027 Capital Improvements Plan(CIP)conform with the Comprehensive Plan;and NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors that the 2022-2027 Capital Improvements Plan be scheduled for public hearing at the Board of Supervisors meeting on March 9,2022. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 304 CITIZEN COMMENTS Bob Clarke, Opequon District, spoke in opposition to annexation by the Town of Middletown. Blane Williams, Opequon District, spoke in opposition to annexation by the Town of Middletown. Jorge Reyes, Opequon District, spoke in opposition to annexation by the Town of Middletown. Steven Cuthell, Red Bud District,spoke in favor of school voucher systems and requiring categorical funding of the school system's budget. Jodi Yeggy, Red Bud District, said legislation regarding funding charter schools had died in committee at the General Assembly. She said capital projects will not go away because the community is growing, and the Board is not keeping up with those needs as they arise. John Fredericksen, Red Bud District, noted his concern about the schools saying that postponement of projects affects the schools. Chris Davey, Back Creek District, said he supports school choice options and currently would not allow his son to attend Frederick County Public Schools. Sonia Marfaha-Goode, Back Creek District, spoke in favor of school choice and the public schools. She said citizens cannot pick and choose what they want their taxes to fund, and that the fourth high school is needed now. Miah Usmane, Opequon District, thanked Vice Chairman McCarthy for his support of the 2 for 2 Foundation and said she opposed annexation by Middletown. Lora Jarrell, Opequon District, urged the Board to fully fund the schools as requested by the School Board. David Sparkman, Red Bud District,discussed classroom capacity and crowding in the schools saying that space is available at the vocational school building. He said the schools' budget should be audited. Martha Sparkman, Red Bud District, discussed the number of students in schools and said she was opposed to sexually explicit materials being available in schools. Priscilla Riddell-Belido, Stonewall District, said she supports the schools but that there is some work to be done such as that which she is assisting with to review textbooks for appropriateness. Mark Stepongzi, Gainesboro District, spoke about the need for accountability in the schools' budget. Minute Book 47 Board of Supervisors Regular Meeting of February 23, 2022 County of Frederick, Virginia 305 BOARD OF SUPERVISORS COMMENTS Supervisor Dunn spoke about the need for a joint meeting with the School Board to discuss budgeting issues. ADJOURN On motion of Vice Chairman McCarthy, seconded by Supervisor Slaughter, the meeting was adjourned at 8:25 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 February 23, 2022 County of Frederick, Virginia 30 Board of Supervisors Meeting Minutes of February 23, 2022 - ppen ix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, February 11,2022 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room(1006)at 107 North Kent Street on Friday, February 11,2022,at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman; Don Butler;Josh Ludwig; Beth Lewin; and Kim McDonald. Staff present: Mike Bollhoefer,County Administrator;Jay Tibbs, Deputy County Administrator; Michael Marciano, HR Director; DeLois Blevins, HR Manager;and Wyatt Pearson, Planning Director. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS 1. Wyatt Pearson, Planning Director,sought approval to retitle the existing Planner position to Planner II at a salary range 9,while adding the entry level Planner I position to the Salary Administration Program at a salary range 7. The committee recommends approval,5 in favor&0 against. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Josh Ludwig Kim McDonald By Michael J. Marciano, Director of Human Resources Minute Book 47 Board of Supervisors Regular Meeting of February 23,2022 County of Frederick, Virginia 307 Board of Supervisors Meeting Minutes of February 23, 2022 - Appendix 2 AUDIT& FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, February 16,2022 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA An Audit& Finance Committee meeting was held in the Board of Supervisors meeting room at 107 North Kent Street on Wednesday, February 16,2022 at 8:00 a.m. ATTENDEES: Committee Members Present: Charles DeHaven,Chairman; Blaine Dunn; 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,WRAA Executive Director;Steve Hawkins,Sheriff Major; and Joe Wilder, Public Works Director. Others present: David Foley, RFC(remote). ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (*) Items 4,5,and 6 were approved under consent agenda. FINANCE COMMITTEE 1. The Winchester Regional Airport Authority requests an Airport Fund supplemental appropriation in the amount of$280,000.This amount represents funds needed for aviation fuel for the remainder of the fiscal year. No local funds required. See attached memo, p.4. The committee recommends approval. 2. The Winchester Regional Airport Authority requests an Airport Capital Fund supplemental appropriation in the amount of$296,477 and a General Fund supplemental appropriation in the amount of$126,190. These amounts represent additional funds for a DOAV grant and the local share. See attached memo, p.5. The committee recommends approval. 3. The Public Works Director requests a Shawneeland Fund supplemental appropriation in the amount of$380,000. This amount represents funds necessary to seal a water leak below the lake. The request has been endorsed by the SSDAC and approved by the Public Works Committee. See attached memo, p.6- 12. The committee recommends approval. Minute Book 47 Board of Supervisors Regular Meeting of February 23,2022 County of Frederick, Virginia 308 4. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of $20,592.45.This amount represents auto claims and will be used for repairs. No local funds required. See attached memo, p. 13- 17. 5. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of$19,950. This amount represents an auto claim and will be used toward a replacement vehicle. No local funds required. See attached memo, p. 18- 19. 6. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of$1,806. This amount represents donations to be used toward a building at the impound lot. No local funds required. See attached memo, p.20-21. NO ACTION REQUIRED BY BOARD OF SUPERVISORS: AUDIT COMMITTEE 1. David Foley from Robinson, Farmer,Cox Associates will present the FY 2021 Annual Comprehensive Financial Report(ACFR)and be available for discussion of the upcoming FY 2022 audit. The FY 2021 ACFR is available online at: www.fcva.us/CAFR. See attached governance letter,p.22-23. The committee authorized the Finance Committee Chairman to sign the FY2022 engagement letter. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for January 2022. See attached, p.24. 2. The Finance Director provides financial statements ending January 31,2022. See attached, p. 25-35. 3. The Finance Director provides an FY 2022 Fund Balance Report ending February 9,2022. See attached, p.36. 4. The Final Rule on the American Rescue Plan Act—Coronavirus State and Local Fiscal Recovery Funds (ARPA-CSLFRF)was issued January 6,2022. It has been determined that a portion of the EMS Radio project is an eligible expense. An updated budget for the County's use of ARPA funds is provided. See attached, p. 37-38. Minute Book 47 Board of Supervisors Regular Meeting of February 23,2022 County of Frederick, Virginia 309 Respectfully submitted, FINANCE COMMITTEE Charles DeHaven,Chairman Blaine Dunn Gary Oates Jeffrey Boppe Angela Wiseman By Finance Director Minute Book 47 Board of Supervisors Regular Meeting of February 23,2022 County of Frederick, Virginia