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HomeMy WebLinkAboutJuly 13 2022 Regular Meeting Minutes 3 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 13, 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; Robert W. Wells; Blaine P. Dunn; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. J. Douglas McCarthy, Vice Chairman, was absent. 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; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Joe Wilder, Director of Public Works; Jennifer Place, Risk Manager/Budget Analyst; Scott Varner, Director of Information Technologies;Austin Cano,Assistant County Attorney; 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 Supervisor Dunn delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a voice vote following a motion by Supervisor Slaughter, seconded by Supervisor Graber. Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 4 CITIZEN COMMENTS Linda Harrison, Stonewall District, spoke in favor of the Board appropriating the remaining planned funding for the School Operating Budget. + + + + + + + + + + + + + + ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Regular Meeting Minutes of June 8, 2022 - CONSENT AGENDA APPROVAL -Approval of Special Meeting Minutes of June 15, 2022 - CONSENT AGENDA APPROVAL -Acceptance of Parks and Recreation Commission Report of June 14, 2022 -CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Transportation Committee Report of June 27, 2022 -CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Public Works Committee Report of June 28, 2022 - CONSENT AGENDA APPROVAL, Appendix 3 - Request from the Commissioner for Refunds: Acar Leasing Ltd - $8,957.72; ARI Fleet Lt.- $7,187.98; D. L. Peterson Trust-$12,717.34; Trex Company Inc.-$9,592.51 - CONSENT AGENDA APPROVAL - Resolution for Changes in the Secondary System of State Highways: Kendall Mills Subdivision — Wayside Mill Lane Extension - CONSENT AGENDA APPROVAL The Board of Supervisors of Frederick County, in regular meeting on the 13th day of July, 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 Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 5 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. - Resolution for Changes in the Secondary System of State Highways: Red Bud Run Section 3— Phases 1-4 -CONSENTAGENDAAPPROVAL The Board of Supervisors of Frederick County, in regular meeting on the 13th day of July, 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 storrnwater 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. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None + + + + + + + + + + + + + + COUNTY OFFICIALS INTRODUCTION: DAVID MARTIN, INTERIM SUPERINTENDENT OF FREDERICK COUNTY PUBLIC SCHOOLS Interim Superintendent David Martin introduced himself and made brief remarks to the Board and said he would provide a line-by-line budget to the Board in September 2022. ADOPTION OF FISCAL YEAR 2022-23 BUDGET AND APPROPRIATION FOR SCHOOL OPERATING FUND BY CATEGORY-APPROVED Supervisor Dunn moved that the Board adopt the draft resolution appropriating additional dollars to Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 6 the School Operating Fund by category. Supervisor Wells seconded the motion. Supervisor Graber said he has not received a line item budget as requested from the Schools and therefore would not support the motion. Supervisor Ludwig said that he still has some questions about the School Board's changes in the proposed categories. Supervisor Slaughter said she was not in favor of a categorical school budget and would not support the motion. Supervisor Wells said the Schools are in need of the funds and the delay in appropriation is bad for the schools. Supervisor Dunn said he had made the motion because he had a discussion with Interim Superintendent Martin regarding his offer to provide a line by line budget. The motion 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter No RESOLUTION TO APPROPRIATE FY2022-2023 ADDITIONAL FUNDING FOR FREDERICK COUNTYPUBLIC SCHOOLS OPERATING FUND CATEGORIESOFOPERA TIONANDMAINTENANCE,FACILITIES,AND TECHNOLOGY TO EQUAL THE PROPOSED AMOUNTS WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 23,2022, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended; WHEREAS at the Special Meeting of June 15,2022,Board adopted a Resolution To Approve FY 2022-2023 Funding Of Frederick County Public Schools Operating Fund Categories Of Operation And Maintenance; Facilities; And Technology At 25%Of The Proposed Amounts; THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the Operation and Maintenance;Facilities;and Technology categories of the School Operating Fund budget for the 2022- 2023 Fiscal Year be hereby approved in the additional amount of$29,264,082. BE IT FURTHER RESOLVED that ADDITIONAL FUNDS FOR the Operation and Maintenance; Facilities; and Technology categories of the School Operating Fund budget for the 2022-2023 fiscal year be appropriated as follows: 2022-2023 BUDGET- SCHOOL BOARD OPERATING FUND SCHOOL OPERATING FUND: Expenditures by Category Operation and Maintenance—Partial funding 13,618,634 Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 7 Facilities—Partial funding 6,898,695 Technology—Partial funding 8,746,753 TOTAL EXPENDITURES —Partial funding 29,264,082 + + + + + + + + + + + + + + COUNTY ATTORNEY DIRECTED TO PROVIDE OPTIONS FOR NOISE ORDINANCE WITH RESPECT TO DOGS BARKING—APPROVED Supervisor Wells moved that the Board direct the County Attorney to provide options for a noise ordinance to address dogs barking in residential zoning districts. 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 Absent Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS GRETTEL VARGAS APPOINTED AS AT-LARGE MEMBER OF THE EXTENSION LEADERSHIP ADVISORY COUNCIL—APPROVED On motion of Supervisor Graber, seconded by Supervisor Wells and carrying on a voice vote, Grettel Vargas was appointed as an At-Large member of the Extension Leadership Council to fill an unexpired term ending April 24, 2024. Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 8 SHARON MAUZY APPOINTED AS RED BUD DISTRICT REP. TO THE EXTENSION LEADERSHIP ADVISORY COUNCIL—APPROVED On motion of Supervisor Dunn, seconded by Supervisor Graber and carrying on a voice vote,Sharon Mauzy was appointed as Red Bud District Rep. on the Extension Leadership Council to fill an unexpired term ending October 23, 2023. JOHN CLINE APPOINTED AS STONEWALL DISTRICT REP. TO THE EXTENSION LEADERSHIP ADVISORY COUNCIL—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor Wells and carrying on a voice vote, John D. Cline was appointed as Stonewall District Rep. on the Extension Leadership Council to fill a vacant expired term. KAY DAWSON REAPPOINTED TO THE BOARD OF BUILDING CODE APPEALS—APPROVED On motion of Supervisor Dunn, seconded by Supervisor Ludwig and carrying on a voice vote, Kay Dawson was reappointed to the Board of Building Code Appeals for a four year term ending July 12, 2026. LUCAS COOK APPOINTED AS SHAWNEE DISTRICT REP. TO THE HISTORIC RESOURCES ADVISORY BOARD—APPROVED On motion of Supervisor Ludwig,seconded by Supervisor Graber and carrying on a voice vote,Lucas Cook was appointed as Shawnee District Rep. to the Historic Resources Advisory Board for a four year term ending July 13, 2026. STEVE CANTU REAPPOINTED AS AT-LARGE MEMBER OF THE HISTORIC RESOURCES ADVISORY BOARD—APPROVED On motion of Supervisor Wells, seconded by Supervisor Dunn and carrying on a voice vote, Steve Cantu was reappointed as an at-large member of the Historic Resources Advisory Board for a four year term ending August 8, 2026. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 9 TRANSPORTATION COMMITTEE BUSINESS AUTHORIZATION FOR STAFF TO APPLY FOR A GRANT UNDER THE SAFE STREETS AND ROADS FOR ALL PROGRAMS —APPROVED On motion of Supervisor Slaughter,seconded by Supervisor Graber and carrying on a recorded vote as follows, staff was authorized to apply for a grant under the Safe Streets and Roads for all programs: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + RESOLUTION FOR REGIONAL SMARTSCALE APPLICATIONS AND AUTHORIZATION FOR STAFF TO COMMIT A 20% LOCAL MATCH TO EACH OF THE FOUR FREDERICK COUNTY SMARTSCALE APPLICATIONS—APPROVED Supervisor Slaughter moved for approval of the Resolution for Regional SmartScale Applications and authorization for staff to commit a 20% local match to each of the four Frederick County SmartScale applications with the cost estimate of local contributions being up to $11 million and with matching funds being allocated in future budgets. 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 Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION OF SUPPORT FREDERICK COUNTY BOARD OF SUPERVISORS FOR FREDERICK COUNTY AND REGIONAL SMARTSCALE APPLICATIONS WHEREAS, this resolution supports the following Frederick County and Regional SmartScale Applications within Frederick County for the following projects: Frederick County Applications 1. Exit 317 Diverging Diamond(Winfred MPO duplicate app) 2. Route 11 —Shawnee Improvement 3. 522/Costello Turn Lane/Intersection Operations Improvements Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 10 4. 50/17/522 Partial Median U-Turn(Winfred MPO duplicate app) Win-Fred MPO Applications 5. Exit 317 Diverging Diamond(Frederick County duplicate app) 6. 50/17/522 Partial Median U-Turn(Frederick County duplicate app) 7. Route 7 Berryville Avenue Improvements WHEREAS, the Virginia Department of Transportation (hereafter referred to as the DEPARTMENT) has adopted procedures for evaluating and scoring projects consistent with SmartScale requirements; and, WHEREAS,the DEPARTMENT has requested applications to be submitted by localities to be consider for inclusion in the DEPARTMENT'S Six-Year Improvement Program for Fiscal Years 2024 through 2029; and WHEREAS, projects will be evaluated for inclusion in the Six-Year Improvement Program through screening and scoring process to be undertaken by the DEPARTMENT; and WHEREAS,each of the listed projects play important roles in the County's Long Range Transportation Plan and near term traffic safety concerns; and WHEREAS,the County of Frederick is an eligible entity to apply for transportation funding under House Bill 2; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors is supportive of each of these applications for inclusion into the Six-Year Improvement Program fiscal years 2024 through 2029. + + + + + + + + + + + + + + UTILIZATION OF COUNTY TRANSPORTATION BUDGETED FUNDS ON THREE (3) PROPOSED STUDIES—APPROVED Supervisor Slaughter spoke in favor of the utilization of County transportation budgeted funds on three (3) proposed studies as follows, noting that these are rough estimates and that final numbers will be provided to the Board prior to executing agreements with consultants with funds recommended coming from budgeted transportation funds for the coming fiscal year: 1-Route 522/Gainesboro Road Signal Justification Report, estimated amount of$50,000-$75,000; 2- Route 37 Comprehensive Phasing and Feasibility Study, estimated amount of$250,000; and 3- Route 37, Route 7 to Route 11, the estimated amount of$100,000. By consensus, the Board agreed to the utilization of funds for the proposed studies. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 11 PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT #03-22 FOR CHRISTINA BOYER—DENIED Mark Cheran, Zoning & Subdivision Administrator, reviewed the request for a Conditional Use Permit (CUP) for Christina Boyer for a dog kennel for boarding and listed the conditions recommended if the Board should find the application for a dog kennel with boarding to be appropriate. The Applicant, Christina Boyer, and Supervisor Graber discussed the events leading to the application for a conditional use permit. Chairman DeHaven opened the public comment period. Laurel Munk, Back Creek District, noted that she had sent comments on the application to the Board members. Chairman DeHaven closed the public comment period. Supervisor Graber moved for denial of CUP#03-22 for Christina Boyer. 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 Absent Charles S. DeHaven, Jr. No Judith McCann-Slaughter No + + + + + + + + + + + + + + CONDITIONAL USE PERMIT#04-22 FOR JUSTIN BOYCE—APPROVED Tyler Klein, Senior Planner, reviewed the request for a Conditional Use Permit (CUP) for request for a Conditional Use Permit (CUP) for Justin Boyce for the establishment of a slaughterhouse (commercial) on +/- 110.89-acres of RA (Rural Areas) zoned property and listed the conditions recommended if the Board should find the application for the establishment of a slaughterhouse to be appropriate. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Graber moved for approval of CUP #04-22 for Justin Boyce. Supervisor Wells seconded the motion which carried on a recorded vote as follows: Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 12 Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#04-22 JUSTIN BOYCE WHEREAS, CONDITIONAL USE PERMIT APPLICATION #04-22 was submitted by Justin Boyce for a Slaughterhouse on +/- 110.89 acres of RA (Rural Areas) zoned property and was considered. The subject property is located at 160 Flickertail Lane,Star Tannery,Virginia and is identified with Property Identification Number(PIN)69-A- 50 in the Back Creek Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on June 15,2022 and recommended approval of the Conditional Use Permit with conditions;and, WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 13,2022;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 conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit#04-22 to allow for a Slaughterhouse on the parcel identified with Property Identification Number 69-A-50 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 minor site plan,in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use.The site plan shall address additional regulations for specific uses outlined in§165- 204.17 of the Frederick County Zoning Ordinance. 3. The on-site commercial sale of meat and poultry is prohibited. 4. Any expansion or modification of this land use will require the approval of a new CUP. + + + + + + + + + + + + + + CONDITIONAL USE PERMIT #05-22 for SPBJJ, LLC—APPROVED Mark Cheran,Zoning&Subdivision Administrator, reviewed the request for a Conditional Use Permit (CUP) for SPBJJ, LLC for the establishment of an indoor recreation facility on 1.89+/-acres of M1 (Light Industrial) zoned property and listed the conditions recommended if the Board should find the application for the establishment of an indoor recreation facility to be appropriate. Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 13 Supervisor Dunn and the Applicant discussed the possibility of the business expanding in the future. Chairman DeHaven opened the public comment period. Steve Cahill, Stonewall District, spoke in favor of the conditional use permit being granted. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved for approval of CUP #05-22 for SPBJJ, LLC. 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 Aye J. Douglas McCarthy Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE CONDITIONAL USE PERMIT#05-22 SPBJJ,LLC WHEREAS,CONDITIONAL USE PERMIT APPLICATION#05-22 was submitted by SPBJJ,LLC,for a Commercial Indoor Recreation Facility and was considered. The Property is located at 210 Fort Collier Road, Winchester. The property is identified with Property Identification Number 54-A-81C in the Stonewall Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on June 15,2022 and recommended approval of the Conditional Use Permit with conditions;and, WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on July 13,2022;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 conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code,Zoning,Conditional Use Permit#05-22 to allow for a Commercial Indoor Recreation Facility on the parcel identified with Property Identification Number 54-A-81 C is issued with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation will be 6:00 a.m.—9:00 p.m.Monday-Sunday. 3. No more than nine(9)employees with this use at any given time. 4. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility. 5. Any expansion or change of use will require a new Conditional Use Permit. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 14 REZONING #03-22 FOR ONE LOGISTICS PARK, LY—APPROVED Tyler Klein, Senior Planner, introduced the proposal to rezone 3.16+/- acres from the R4 (Residential Planned Community) District with proffers to the M1 (Light Industrial) District with proffers. Randy Minchew, representing the Applicant, addressed the Board and explained the request to rezone the parcel and planned uses for the existing dwelling on the parcel. Chairman DeHaven opened the public comment period. No one spoke. Chairman DeHaven closed the public comment period. Supervisor Ludwig moved to approve Rezoning#03-22 for One Logistics Park, L.P. 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#03-22 ONE LOGISTIC PARK,L.P. WHEREAS, REZONING #03-22 ONE LOGISTICS PARK, L.P. submitted to rezone 3.16+/- acres from the R4 (Residential Planned Community)District to the M1 (Light Industrial)Districts with proffers. The property is located approximately one mile east of 1-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538), and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-83B; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on June 15,2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 13,2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) Districts with proffers statement bearing the signature date June 10, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 15 PLANNING COMMISSION BUSINESS—OTHER PLANNING BUSINESS ORDINANCE AMENDMENT— MONETARY GUARANTEE AMENDMENTS—SENT FORWARD TO PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed amendments to Chapter 143—Stormwater/Erosion and Sediment Control, Chapter 144—Subdivision of Land and Chapter 165—Zoning to codify the County's adopted Monetary Guaranty and Performance Agreement policy, ensuring the monetary guaranties, bonds, and performance agreements for various land development processes within Frederick County are reviewed, and approved in conformance with the adopted policy. On motion of Supervisor Wells, seconded by Supervisor Slaughter and carrying on a voice vote, the proposed amendments were sent forward to public hearing. REQUEST FOR RESIDENTIAL PUMP AND HAUL-426 WINCHESTER DRIVE—APPROVED Mark Cheran, Zoning & Subdivision Administrator, reviewed the request seeking approval of a Pump & Haul Permit for an existing residence at 426 Winchester Drive. He said the property had an outdoor pit- privy system on the property, which has been disconnected. He said Frederick County Code, §161-201.05A, states that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permit if specific criteria are satisfied. He concluded by saying that the request appears to comply with the code requirements and, therefore, Board consideration of the request is appropriate and while maintenance costs associated with a pump and haul system can be expensive, it appears that this system is the only available option to bring this property into compliance with the requirements of the Frederick County Code and Health Department. Supervisor Graber moved for approval of a pump and haul permit for 426 Winchester Drive. Supervisor Wells 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 16 BOARD LIAISON REPORTS Supervisor Wells noted the recent Independence Day celebration hosted by the Parks and Recreation Department. Supervisor Ludwig noted the Department of Social Services is currently working through code changes and program changes that affect their operations. CITIZEN COMMENTS Linda Harrison, Stonewall District, spoke in support of taxes being raised to fund additional County staff to provide services to the residents. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn commented on the recent meeting of the Virginia Coalition of High Growth Communities. ADJOURN The meeting was adjourned at 8:54 p.m. on a motion of Supervisor Wells, seconded by Supervisor Graber. 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 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 17 Board of Supervisors Meeting Minutes of July 13, 2022 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday July 13,2022 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator for Human Services From: Stacy Herbaugh, Interim Director, Parks & Recreation Dept. Date: June 17, 2022 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on June 14, 2022. Members present were Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Randy Carter, Charles Sandy,Jr., Dennis Grubbs, and Guss Morrison. Members Absent: Amy Strosnider ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Buildings and Grounds Committee made a motion to seek proffer funds in the amount of$27,000 to install a playground at Stonewall Park, seconded by Mr. Grubbs, carried unanimously(7-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. 2. The Buildings and Grounds Committee made a motion to seek proffer funds in the amount of$100,00 in additional proffer funds to install amphitheater seating, connection trail, state, pergola, and electric power at a location between the Bowman Library and Lakeside Lake, seconded by Mr. Carter, carried unanimously(7-0). This recommendation will be forwarded to the Finance Committee prior to requiring Board of Supervisor action. Cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 18 Board of Supervisors Meeting Minutes of July 13, 2022 - Appendix 2 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,June 27, 2022 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven,Jr. (Voting), Kevin Kenney(Voting), Shontya Washington (Voting), Gary Oates (Voting) and Lewis Boyer (Liaison Stephens City). Committee Members Absent: Shawn Graber(Voting). Staff Present: Assistant Director John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-Truck Restriction Request: Ravens and Oakdale Crossing: The residents of the Raven Pointe have presented a request to restrict through truck traffic on several streets in their neighborhood in response to the One Logistics rezoning. Staff gave an overview of a prepared map that summarizes the requested restrictions as well as the required alternative routes. Showing the alternative routes as part of the requested truck restriction is part of the VDOT criteria for applying for the truck restriction. A resolution would be required as a Public Hearing from the Board. Staff discussed the VDOT guidelines for truck restriction requests with the Committee. The Committee after much discussion decided not to recommend forwarding the request to the Board. 2- Route 37 History and Next Steps: Staff gave a presentation on the background of the Route 37 East project up to the status currently and identifying the key next steps for the project. Staff will be having an upcoming informational meeting on July 18, 2022, with State officials on the project. Staff gave a draft of the presentation to the Committee and is seeking feedback. Frederick County has a lot of worthy projects, but the officials are looking for ready projects. These projects are ready as more design, local fund match and study work is completed. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 3-Study Requests: Staff is seeking Committee concurrence to utilize County transportation funds to embark upon three (3) studies currently. Staff gave an overview of the studies and approximate expected costs of the following: Route 522/Gainesboro Road Signal Justification Report in the estimated amount of $50-$75K, this is the main entrance to Fredrick County Middle School and Gainesboro Elementary School is currently located on Route 522 North immediately south of the unsignalized intersection of Gainesboro Road and Route 522. The other request is the Route 37 Comprehensive Phasing and Feasibility Study in the estimated amount of$250,000 with this study request. Staff is seeking an extensive study to address the review and restatement of the purpose and needs of the facility. Also, a request for the Route 37, Route 7 to Route 11; 30% design and environmental update of a two (2) lane section is the estimated amount of $100,000. This study is intended to take the Board adopted top priority Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 19 segment as well as the discussion of parkway concepts to the next level. Staff noted that the estimated costs for the studies are rough estimates and that final numbers would be provided to the Committee and Board prior to executing agreements with consultants. Funds are recommended to come from budgeted transportation funds for the coming fiscal year. Upon a motion by, Gary Oates and seconded by Kevin Kenney the Committee recommended to utilize the County transportation budgeted funds on three (3) proposed studies for Route 522/Gainesboro Road signal justification report, Route 37 Comprehensive Phasing and Feasibility study, and Route 37, Route 7 to Route 11 design and environmental update of a two (2) lane section. 4-Smartscale Application Endorsement: As the Committee is aware, staff is preparing SmartScale Applications for consideration by the Commonwealth Transportation Board. Staff recommended to set aside $11 million to cover the 20% local match with four (4) four application for road improvements to 181 Exit 317, Route 11 turn lane, Route 522 and Costello Drive and improvements at Route 50/17/522 for partial median U-turn improvements. Upon a motion by, Charles DeHaven,Jr. seconded by Gray Oates the Committee recommended to endorsement of the Resolution to the Board for Regional Smartscale applications and to authorize staff to commit 20%of each application cost estimate as local contribution up to$11 million. Since matching funds would not be required to be provided for 4-6 years the committee recommends the matching funds be allocated in future budgets. 5-Safe Streets and Roads for all(SS4A):Staff gave an overview for a grant under the Safe Streets and Roads for all programs. Grants will be available over the course of the next five years and are used for the creation of an Action Plan grant or for implementation of projects that are part of an adopted Action Plan. The intention would be to follow up the Action Plan grant with further applications for Implementation Grants to improve the safety on local roads, if successful. Upon a motion by, Shontya Washington and seconded by Chuck DeHaven, Jr. the Committee recommended to forward the authorization to apply for a grant under the Safe Streets and Roads for all programs to the Board for recommendation for approval. 6-County Project Updates: Renaissance Drive: Staff is continuing working through the agreement and real estate process with CSX. Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 20 Board of Supervisors Meeting Minutes of July 13, 2022 - Appendix 3 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,June 28, 2022 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present:J. Douglas McCarthy; Bob Wells; Gene Fisher; Gary Longerbeam; Harvey E. "Ed" Strawsnyder,Jr.; and Kevin Kenney Committee Members Absent: none Staff and others present: Mike Bollhoefer, County Administrator; Rod Williams, County Attorney;Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager; Gloria Puffinburger, Solid Waste Manager; Kevin Alderman, Shawneeland Manager; Andrew Clark, Landfill Environmental Manager. (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY At the beginning of the meeting, Mr.Wilder requested to add an additional item to the agenda. A request from the Animal Shelter manager to appropriate donated funds for spay and neutering animals at the shelter.The Committee added their item to the agenda as item S.B. 1-Update on the recycling program for Frederick County We informed the Committee that we are using a local company, Ridgerunner Container Service (RCS), for processing our recycled commodities. RCS recently purchased the Plumly Lumber facility in the City of Winchester, and constructed a state-of-the-art materials recovery facility(MRF). RCS has been receiving our recycled goods since March through an emergency situation. We have a new contract with RCS beginning July 1, 2022,to accept our commodities.We informed the committee that having a local MRF will save over$125,000 in transportation costs during FY2023. 2-Update on glass recycling We updated the committee on a limited glass recycling option for the county. Working with Fairfax County's 'Purple Can Club,'we would place a glass recycling container at the landfill for citizens to drop off glass. Overtime,we will see how glass recycling is received as to whether we will expand glass collection at the other sites. We anticipate annual costs to be less than $15,000 including transportation expenses.The committee endorsed starting glass recycling at the landfill. We anticipate starting the program in 1-2 months. 3-Carry forward request for Refuse Collection budget We presented FY2022 carry forward requests for several line items within the Refuse Collection budget totaling$576,100 or the remaining balances. A motion was made by Supervisor Wells for the subject FY2022 funds as outlined in attachment 3 to be carried forward into FY2023 for on-going projects.The Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 21 motion was seconded by Committee Member Fisher and unanimously approved by the committee. The request will be forwarded to the Finance Committee for review and consideration. 4-Carry forward request for Animal Shelter donated funds We presented a request to carry forward the remaining balances of line item 10-4305-3001-10 Professional Services-Donation.These funds were appropriated from the Fleming donation for spaying and neutering shelter pets. A motion was made by Committee Member Strawsnyder to carry forward the requested funds into the FY2023 budget.The motion was seconded by Committee Member Fisher. The committee unanimously approved the carry forward. The request will be forwarded to the Finance Committee for review and consideration. 5-Supplemental Appropriate request for Animal Shelter We presented a request in the amount of$157.12 to be appropriated to line item 10-04305-3001-00 from 10-1904-14 for restitution for several court cases. A motion was made by Committee Member Strawsnyder to approve the subject appropriation request.The motion was seconded by Committee Member Fisher and unanimously approved by the Committee.The request will be forwarded to the Finance Committee for review and consideration. 5B-Supplemental Appropriation request for Animal Shelter We presented a request in the amount of$20,000 for an appropriation from the 1034 donation fund for spaying and neutering shelter pets. These funds are part of the Dorothy Fleming trust. A motion was made by Committee Member Strawsnyder to approve the request.The motion was seconded by Supervisor Wells and unanimously approved by the Committee.The request will be forwarded to the Finance Committee for review and consideration. 6-Carry forward requests for the Landfill We presented multiple carry forward requests from the landfill budget for on-going projects as outlined in attachment 6 of the agenda packet. All requests are for the remaining balances to be carried forward into the FY2023 budget estimated to be$3,129,269 or less. A motion was made by Committee Member Strawsnyder to approve the subject requests. The motion was seconded by Committee Member Fisher and unanimously approved by the Committee.The request will be forwarded to the Finance Committee for review and consideration. 7-Carry forward requests for Shawneeland Sanitary District We presented requests for any unencumbered funds from FY2022 budget be carried forward into FY2023 for any on-going projects. Also,we are requesting a total of$380,000 be carried forward for repairing sinkholes at Cherokee Lake. We anticipate this project to be completed in the fall of 2022.A motion was made by Committee Member Strawsnyder to approve the requests.The motion was seconded by Committee Member Longerbeam and unanimously approved by the committee.The request will be forwarded to the Finance Committee for review and consideration. Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia 22 8.Update on Public Works Projects A. Crossover Boulevard-Final invoices have been submitted for the project and we will be closing out the project soon. B. Renaissance Drive-Phase 2-Progress has been made with obtaining easements and approvals from CSX. We anticipate potentially bidding this project by the fall of this year. C. Landfill-We have completed the construction of the MSW Landfill, Phase 3, Cell A. This is an 11-acre expansion with an anticipated life expectancy of 15 years.We are working on permitting for the CDD Landfill Phase 2 expansion. We anticipate starting the project in the first quarter 2023 or sooner. D. Gore Convenience Site-Due to delays in obtaining a 3-phase electrical transformer, this project will begin in the fall of this year. E. Sunnyside Plaza-Voter Registrar Renovation-We will be awarding this project to the low bidder, KEE Construction.This project will be completed by the spring of 2023. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W. Wells Gene E. Fisher Gary E. Longerbeam Harvey E. "Ed" Strawsnyder,Jr. Kevin Kenney By Joe`'C. Wilder Public Works Director JCW/kco Attachments: as stated cc: Michael Bollhoefer, County Administrator Rod Williams, County Attorney Kevin Alderman, Shawneeland Manager Kathy Whetzel, Animal Shelter Manager Gloria Puffinburger, Solid Waste Manager Ron Kimble, Landfill Manager file Minute Book 48 Board of Supervisors Regular Meeting of July 13, 2022 County of Frederick, Virginia