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HomeMy WebLinkAboutApril 27 2022 Regular Meeting Minutes 363 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, APRIL 27, 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; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Cheryl Shiffler, Finance Director; Jennifer Place, Risk Manager/Budget Analyst; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Dennis Smith, Valley Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman McCarthy led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted with minor changes on a voice vote following a motion by Supervisor Slaughter, seconded by Vice Chairman McCarthy. Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 364 PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS CONDITIONAL USE PERMIT #02-21 FOR ELI WILLIAMS— POSTPONED FOR THIRTY DAYS Zoning &Subdivision Administrator Mark Cheran explained the request for a Conditional Use Permit (CUP) to allow for the operation of a special event facility located at 1570 Gough Road, Winchester, in the Back Creek Magisterial District. He reviewed the conditions suggested by the Planning Commission should the Board find the application to be appropriate. The Applicant, Eli Williams, and the Board discussed additional conditions and the possibility of limiting the number of events per year. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Graber moved to postpone a decision on Conditional Use Permit#02-21 for thirty days to allow the Applicant time to review the number of events planned per year. 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 + + + + + + + + + + + + + + CITIZEN COMMENTS The following persons spoke in favor of the Board fully funding the FY 2022-2023 budget as requested by the Frederick County School Board: Christie Jett, Gainesboro District Tricia Smith, Red Bud District Jessica Jenkins, Back Creek District Jennifer Gaylor, Shawnee District Lora Jarrell, Opequon District John Paul McAveny, Shawnee District Nichole Pengall, Back Creek District Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 365 Karen Dredske, Gainesboro District Sonia Goode, Back Creek District Amy Williams, Opequon District Justin Mistretta, Opequon District Erin Stitcher, Opequon District Amber Foltz, Back Creek District Jessica Nail, Gainesboro District John Butler, Opequon District Kevin Kennedy, Gainsboro District Pam Kennedy, Gainesboro District Brian Hester, Stonewall District, School Board member Bradley Comstock, Opequon District, School Board member Miah Usmani, Opequon District Della Payne, Opequon District Jodi Yeggy, Red Bud District Shaniqua Williams, Shawnee District Stephen Baker, Red Bud District Jennifer Hall, Shawnee District Natasha Van Meter, Shawnee District Mary Strenko, Stonewall District The following persons spoke in opposition to the Board fully funding the FY 2022-2023 budget as requested by the Frederick County School Board and in support of the School Board providing more detail about where the funds are being spent: Gayle Ferreira, Shawnee District Mollie Brannon, Back Creek District John Stotler, Gainesboro District Josh Phelps, Gainesboro District, referenced an online commenter who has criticized the Board of Supervisors. He said things are improving with the School Board and Board of Supervisors talking about budget issues. Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 366 Sue Case, Opequon District, said the proposed short-term rental ordinance should address traffic on shared driveways. The following persons expressed concerns about pornographic and other adult-themed books being available in school libraries: Priscilla Bellido, Stonewall District Dana Brunn, Back Creek District Jennifer Adams, Shawnee District Bob Ryan, Opequon District Chris Adams, Shawnee District Arianna Teran, Red Bud District Rebekah Carter, Shawnee District Karen Contreras, Back Creek District, said she is a teacher and that there is a process for addressing books considered inappropriate for school libraries. The following persons noted concerns about school policies, mandates, and fulfilling of Individual Education Plans: William Shaffer, Shawnee District Brandy Miller, Shawnee District + + + + + + + + + + + + + + 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 Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 367 -Approval of Minutes of Regular Meeting of April 13, 2022 -CONSENT AGENDA APPROVAL -Confirmation of 2022 Summer Meeting Schedule Adjustment-CONSENT AGENDA APPROVAL - Resolution To Authorize A Fiscal Agent Agreement With The Northern Shenandoah Valley Regional Commission For The All Points Broadband VATI Grant Project And Acknowledgment of Regional Broadband Project Timeline-CONSENT AGENDA APPROVAL RESOLUTION A RESOLUTION TO AUTHORIZE A FISCAL AGENT AGREEMENT WITH THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION FOR THE ALL POINTS BROADBAND VATI GRANT PROJECT WHEREAS, All Points Broadband presented a conceptual project proposal to the Frederick County Board of Supervisors at their July 14, 2021, Work Session. The project proposed wired fiber optic services to unserved/underserved homes in Frederick County as part of a program authorized by the Commonwealth of Virginia that allows wired access in partnership with electrical utility companies including Dominion Energy power, Rappahannock Electrical Cooperative, and Northern Virginia Electrical Cooperative; and WHEREAS,the Frederick County Board of Supervisors approved an application at their September 8,2021, meeting for a Virginia Telecommunications Initiative Grant(VATI) in partnership with the Northern Shenandoah Valley Regional Commission(NSVRC), and several other regional localities,to support the expansion of fiber to the home broadband services within our unserved/underserved areas; and WHEREAS,the County,NSVRC,and All Points Broadband received notice of the grant award in December 2021, with an acknowledgement by the Virginia Department of Housing and Community Development(DHCD) of contract initiation in the beginning of calendar year 2022; and WHEREAS, DHCD requires a fiscal agent agreement amongst NSVRC and the participating localities as part of the pre-contract activities that outlines the policies and procedures relative to the funding and allocation of local match during the project duration based on specific project reporting and milestones; THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors this 27`h day of April 2022, That the Board hereby authorizes all actions necessary and acceptable to the County Attorney and County Administrator to execute a Fiscal Agent Agreement for the All Points VATI grant project. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Ludwig reviewed the School Board budget proposals over the last few years saying he still has some unanswered questions. Vice Chairman McCarthy reviewed the budget process saying the School Board had not given all the facts about their proposed budget. He said with the recent decision to surplus the old Aylor Middle School Building, there is now $7 million that can be redirected to other needs thereby reducing the need to budget additional funds. Minute Book 47 Board of Supervisors Regular Meeting of April 27,2022 County of Frederick, Virginia 368 Supervisor Graber said he had received threats and found it unacceptable. He reviewed the School Board budget proposal noting that special education funds should not be what is cut by the School Board should cuts be necessary. Supervisor Dunn commented on the budget process saying he looks forward to the two Boards working together this fall on budget issues. + + + + + + + + + + + + + + ADOPTION OF FISCAL YEAR 2022-2023 BUDGET AND APPROPRIATION FOR SCHOOL OPERATING FUND— POSTPONED Supervisor Graber moved for the adoption of the School Operating Fund as detailed in Budget Scenario C with that amount reduced by$7 million. The motion died for lack of a second. Vice Chairman McCarthy moved for the adoption of the School Operating Fund as detailed in Budget Scenario C. Supervisor Dunn seconded the motion. The Board discussed the $7 million now available with the surplus of the old Aylor Middle School building. The motion failed on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Slaughter moved for the adoption of the School Operating Fund as detailed in Budget Scenario A. Supervisor Wells seconded the motion. The Board again discussed the$7 million now available with the surplus of the old Aylor Middle School building and disagreed on how the funds could be used. The motion failed on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Graber moved for the adoption of the School Operating Fund as detailed in Budget Scenario C with that amount reduced by$5.5 million. The motion died for lack of a second. Supervisor Dunn noted the need to compromise and moved for the adoption of the School Operating Fund as detailed in Budget Scenario C with that amount increased by$1 million. The motion died for lack of a second. Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 369 Supervisor Graber moved for the adoption of the School Operating Fund as detailed in Budget Scenario C with that amount reduced by$22 million. The motion died for lack of a second. Supervisor Dunn moved for the adoption of the School Operating Fund as detailed in Budget Scenario C with that amount increased by$500,000. The motion died for lack of a second. Supervisor Ludwig moved for the adoption of the School Operating Fund as detailed in Budget Scenario A with that amount reduced by$3 million. Supervisor Dunn seconded the motion. The Board again discussed the$7 million now available with the surplus of the old Aylor Middle School building.Vice Chairman McCarthy moved to amend the motion by postponing action for one week to allow a special meeting with School Board Chairman Monk, Superintendent David Sovine, and Finance Director Patty Camery in attendance to clarify the available permitted uses of the $7 million in question. Supervisor Dunn seconded the motion to amend which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter No The amended main motion postponing action and setting a special meeting carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter No + + + + + + + + + + + + + + At 10:53 p.m.,the Board agreed by consensus to continue the meeting after 11:00 p.m. as necessary to finish the meeting. + + + + + + + + + + + + + + AUTHORIZATION FOR THE COUNTY ATTORNEY TO REQUEST AN OFFICIAL ADVISORY OPINION FROM THE ATTORNEY GENERAL, ASKING `MAY THE BOARD APPROPRIATE PUBLIC FUNDS FOR PRIVATE PRIMARY AND SECONDARY EDUCATIONAL USES AND, IF SO, TO WHOM?, -APPROVED Vice Chairman McCarthy moved to grant authorization to the County Attorney to request an official advisory opinion from the Attorney General, asking `May the Board appropriate public funds for private primary and Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 370 secondary educational uses and, if so, to whom?' Supervisor Graber 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 No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS 2022-2027 CAPITAL IMPROVEMENTS PLAN (CIP)—APPROVED Planning Director Wyatt Pearson reviewed the draft 2022-2027 Capital Improvements Plan (CIP). He said the public hearing on the matter was held on March 9, 2022, and action on the plan had been postponed by the Board until the second meeting in April. Supervisor Wells noted his desire to see the aquatics center returned to the CIP. Vice Chairman McCarthy moved to restore the aquatics center/ice rink to the CIP. Supervisor Wells seconded the motion. Supervisor Slaughter moved to amend the motion to include the restoration of the fourth high school to the CIP. Supervisor Wells seconded the motion to amend which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye The amended main motion to restore the aquatics center/ice rink, and fourth high school to the CIP carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Wells moved to adopt the CIP as amended. Supervisor McCarthy seconded the motion. Supervisor Graber noted concern about adding the fourth high school to the CIP without discussing options for renovations of the existing high schools first. The motion to adopt the CIP carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 371 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye 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 forwarded the amended CIP for public hearing; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on the CIP at their regular meeting on March 9,2022, and postponed action until April 27,2022; and WHEREAS, the Frederick County Board of Supervisors supports the priorities shown in the 2022-2027 Capital Improvement Plan(CIP) and has 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 RESOLVED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2022-2027 Capital Improvements Plan (CIP) for Frederick County,Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + ORDINANCE AMENDMENT— PROTECTION OF ENVIRONMENTAL FEATURES, OFF-STREET PARKING, CONDITIONAL USES IN PLANNED DEVELOPMENT DISTRICTS AND ALLOWED USES IN B2 DISTRICT—SENT FORWARD TO PUBLIC HEARING Senior Planner Tyler Klein reviewed the request to amend Chapter 165—Zoning Ordinance to clarify and amend requirements contained in the supplementary use regulations, parking, planned development districts, and business and industrial district sections. He outlined a summary of changes to each section. The Board and staff discussed off-street parking requirements. On motion of Vice Chairman McCarthy, seconded by Supervisor Wells and carrying on a voice vote, the Ordinance Amendment Protection Of Environmental Features, Off-Street Parking, Conditional Uses In Planned Development Districts And Allowed Uses In B2 District was sent forward to public hearing. RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ORDINANCE PROTECTION OF ENVIRONMENTAL FEATURES CHAPTER 165 -ZONING ARTICLE II Supplementary Use Regulations;Parking;Buffers; and Regulations for Specific Uses Minute Book 47 Board of Supervisors Regular Meeting of April 27,2022 County of Frederick, Virginia 372 PART 201 —Supplementary Use Regulations §165-201.08.Protection of Environmental Features OFF-STREET PARKING CHAPTER 165—ZONING ARTICLE II Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses PART 202 Off Street Parking,Loading and Access §165-202.01 Off-Street Parking;Parking Lots CONDITIONAL USES IN PLANNDED DEVELOPMENT DISTRICTS CHAPTER 165—ZONING ARTICLE V Planning Development Districts Part 501 R4 Residential Planned Community District §165-501.04 Conditional Uses Part 502 R5 Residential Recreational Community District §165-502.05 Conditional Uses WHEREAS, a request to amend Chapter 165 —Zoning Ordinance to Ordinance to clarify and amend requirements contained in the supplementary use regulations,parking,planned development districts, and business and industrial district sections;and WHEREAS,the Development Review and Regulations Committee(DRRC)reviewed the proposed changes at their February 24,2022 regular meeting,2021 regular meeting;and WHEREAS,the Planning Commission discussed the proposed changes at their regularly scheduled meeting on April 6,2022 and agreed with the proposed changes;and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on April 27,2022;and WHEREAS, the Frederick County Board of Supervisors fmds that in the public necessity, convenience, general welfare,and good zoning practice,directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165—Zoning Ordinance;and NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider changes to address Chapter 165—Zoning Ordinance to clarify and amend requirements contained in the supplementary use regulations, parking, planned development districts,and business and industrial district sections. Passed this 27th day of April 2022 by the following recorded vote: + + + + + + + + + + + + + + ORDINANCE AMENDMENT — SHORT-TERM LODGING — RETURNED TO THE PLANNING COMMISSION Senior Planner Tyler Klein reviewed the request to amend Chapter 165—Zoning to add "short-term lodging (STL)"to the definitions section, provide additional regulations for short-term lodging and add the use to the RA(Rural Areas), RP (Residential Performance)and MH1 (Mobile Home Community)Zoning Districts. Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 373 He said as proposed by staff, Short Term Rentals would be permitted by-right through an administratively reviewed permit process. The Board and staff discussed the issue of short-term rentals affecting shared private driveways, property owners' rights, the maximum number of persons being listed as `unrelated' so as to include large family groups, and the definition of lodging. By consensus, the proposed amendment was returned to the Planning Department for further review and clarification. BOARD LIAISON REPORTS Supervisor Dunn reported on Fire and Rescue activities. Supervisor Wells noted his attendance at the recent FFA Banquet at Sherando High School. CITIZEN COMMENTS Kay Dawson, Red Bud District, said it was time for a forensic audit of the school system. Sue Case, Opequon District, reiterated her concern about the shared private driveway at her property and safety issues if the adjoining property becomes a short-term rental. She said she had understood that written consent from adjoining owners for such use would be required. Michael Shotroff, Opequon District, said he is also a neighbor of the proposed short-term rental property with the shared driveway mentioned by the previous speaker and he echoed the safety concerns about the driveway. Kelly Warnergaris of the Winchester Swim Team expressed support for the efforts of the 2 for 2 Foundation to construct an aquatics center. Tim Regan, Back Creek District, commented on the School Board budget request. Pastor Dennis Smith thanked the Board for their efforts to ensure a responsible budget while taking care of the students. Minute Book 47 Board of Supervisors Regular Meeting of April 27, 2022 County of Frederick, Virginia 374 BOARD OF SUPERVISORS COMMENTS Supervisor Ludwig notes it would be helpful to receive comments from the School Board in advance of the May 4 Special Meeting. Supervisor Graber said he would like to know more about the money spent on design work for a fourth high school and who authorized the spending. Vice Chairman McCarthy announced the upcoming Apple Blossom Festival. ADJOURN On motion of Vice Chairman McCarthy, seconded by Supervisor Dunn, the meeting was adjourned at 11:58 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 April 27, 2022 County of Frederick, Virginia