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August 10 2022 Regular Meeting Minutes 28 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, AUGUST 10, 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; Blaine P. Dunn; Judith McCann-Slaughter; 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; Nick Sabo, Executive Director of the Regional Airport Authority; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Jennifer Place, Risk Manager/Budget Analyst; Scott Varner, Director of Information Technologies; Stacy Herbaugh, Interim Director of Parks and Recreation; Missi Neal, Purchasing Manager;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 Pastor Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman McCarthy 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 Vice Chairman McCarthy. Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 29 CITIZEN COMMENTS Leslie Schottroffe, Opequon District, referenced a short-term rental property on her shared private driveway known as Waynes Lane and stated that all owners are responsible for the driveway maintenance. She said the owner of the short-term rental is not helping with the maintenance costs which are higher because of the short-term rental use. She said short-term rentals should be a conditional use. Mike Schottroffe, Opequon District, expressed frustration at the length of time since the discussion began about the condition of the shared driveway known as Waynes Lane. Sue Case, Opequon District, discussed Waynes Lane saying it is a privately maintained driveway now being used to access an Air B and B business. She said such situations need to be regulated and shared private driveways need a different approach with more restrictions. Bryan Nuri, Opequon District, condemned Supervisor Graber's actions regarding a conditional use permit at the previous meeting. He referenced the brother of Supervisor Graber and read from a letter which he said was written by the brother of Supervisor Graber. Josh Phelps, Gainesboro District, asked the Board to consider requiring zero-based budgeting during the next budget cycle. + + + + + + + + + + + + + + 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 No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Work Session Minutes of July 13, 2022 - CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of July 13, 2022 - CONSENT AGENDA APPROVAL -Approval of Work Session Minutes of July 18, 2022 - CONSENT AGENDA APPROVAL -Acceptance of Finance Committee Report of July 20, 2022- CONSENT AGENDA APPROVAL,Appendix 1 -Acknowledgment of Abstract of Votes: June 2022 Republican Primary Election - CONSENT AGENDA APPROVAL,Appendix 2 Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 30 - Resolution Approving the Issuance of Debt by the Winchester Regional Airport Authority-CONSENT AGENDA APPROVAL RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY,VIRGINIA,APPROVING THE ISSUANCE OF DEBT BY THE WINCHESTER REGIONAL AIRPORT AUTHORITY WHEREAS, the Board of Directors (the "Board") of the Winchester Regional Airport Authority (the "Authority") has authorized submission of an application to the United States Department of Agriculture("USDA") Rural Development Loan Program requesting its participation in the issuance of bonds by the Authority in an amount not to exceed$5,000,000.00(the"Bonds")for financing,including the refund of any interim financing,as applicable, to fund the construction of a replacement airport terminal building at the Winchester Regional Airport(the"Project"). WHEREAS, in accordance with Section 7.17(b) of the Winchester Regional Airport Authority Act 1987 Session,Virginia Acts of Assembly,Chapter 687 and in accordance with Chapter 3,Title 5.1,et.seq.,Code of Virginia 1950 as amended(the"Act"),the consent of each of the participating political subdivisions is required for any issuance of debt by the Authority if the total debt shall exceed$500,000.00,and the participating political subdivisions consist of the City of Winchester, and the Counties of Frederick, Frederick, Shenandoah, and Warren (collectively, the "Member Jurisdictions"); such consent is being requested prior to issuance of the Bonds by the Authority. WHEREAS, in no event shall the total amount borrowed by the Authority to support the Project exceed the sum of$5,000,000.00. NOW,THEREFORE,BE IT RESOLVED: 1. The Board of Supervisors of Frederick County hereby consents to the issuance of the Bonds by the Authority for the purpose of financing the Project. 2. Under no circumstances shall the payment of debt service on the Bonds constitute general obligation indebtedness or a pledge or the full faith and credit taxing power of any of the Member Jurisdictions. 3. This resolution shall take effect immediately. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn announced the return of glass recycling scheduled to begin in the very near future. + + + + + + + + + + + + + + COUNTY OFFICIALS PROGRESS REPORT: PUBLIC SAFETY RADIO SYSTEM PROJECT County Administrator Mike Bollhoefer reviewed the timeline of the Public Safety Radio System Project. Phil Roland and Mitch Urbanczyk with JVCKenwood/EF Johnson provided an update on the progress in the various steps to complete the system's deployment. They introduced Dennis Ward and Rebecca Norwood with Tusa Consulting. Minute Book 48 Board of Supervisors Regular Meeting of August 10,2022 County of Frederick, Virginia 31 The Board, Mr. Urbanczyk, and Purchasing Manager Missi Neal discussed tower locations,the RFP containing the Cottontown tower location in Shenandoah County, and the advantages of the County's owning versus leasing tower sites. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS TODD LODGE REAPPOINTED TO CONSERVATION EASEMENT AUTHORITY—APPROVED On motion of Supervisor Slaughter, seconded by Vice Chairman McCarthy and carrying on a voice vote, Todd Lodge was reappointed to the Conservation Easement Authority for a three-year term ending August 24, 2025. RICHARD TILL REAPPOINTED TO THE ECONOMIC DEVELOPMENT AUTHORITY — APPROVED On motion of Supervisor Slaughter, seconded by Vice Chairman McCarthy and carrying on a voice vote, Richard Till was reappointed to the Economic Development Authority for a four-year term ending September 10, 2026. BRENDA NELSON APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD —APPROVED On motion of Supervisor Wells, seconded by Vice Chairman McCarthy and carrying on a voice vote, Brenda Nelson was appointed to the Handley Regional Library Board to fill the remainder of an unexpired term and to an additional four-year term ending November 30, 2026. + + + + + + + + + + + + + + FINANCE COMMITTEE BUSINESS Supervisor Slaughter moved for approval of the following: The Interim Parks & Recreation Director requests a General Fund supplemental appropriation from proffer funds in the amount of $27,000 for the installation of a playground at Stonewall Park. This item has been approved by the P&R Commission. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 32 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 Interim Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$155,000 for the construction of an amphitheater behind the Bowman Library. Of this amount, $55,000 is a carry forward of previously approved funds for this project, and $100,000 is an additional amount requested from proffer funds. The increase has been approved by the P&R Commission. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Parks & Recreation Interim Director requests an FY22 General Fund supplemental appropriation in the amount of $600. This amount represents a donation for a memorial park bench that has been installed at Frederick Heights Park. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Clear Brook Volunteer F & R Company requests a General Fund supplemental appropriation from proffer funds in the amount of $44,448.93 for a generator. This item falls under the F&R Capital item on the CIP and has been approved by the Public Safety 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 Clear Brook Volunteer F&R Company requests a General Fund supplemental appropriation in the amount of $26,046.50. This amount Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 33 represents a carry forward of unspent proffer funds from the building renovation project. 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 an FY22 General Fund supplemental appropriation in the amount of $29,760. This amount represents traffic control reimbursements and will be used for overtime. 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 an FY22 General Fund supplemental appropriation in the amount of$3,813.75. This amount represents reimbursements from the DEA and Secret Service and will be used for overtime. 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 $625 ($400 FY22; $225 FY23). This amount represents donations toward the impound lot building. 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 Public Works Director requests a General Fund supplemental appropriation not to exceed $726,789.77. This amount represents a carry forward of unspent funds for the Gore Convenience Center project that is currently in process. Item has been Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 34 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 WRAA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of $112,659. This amount represents a carry forward of unspent bond proceeds. 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 Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. 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 noted that the Finance Director and the committee began discussions on personal property surplus. She said the County Administrator will provide additional information at the Work Session on September 14, 2022. + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) AMENDMENT TO THE 2022-2023 FISCAL YEAR BUDGET—APPROVED Winchester Airport Authority Executive Director Nick Sabo reviewed the request for a budget amendment to allow funding for the scheduled airport terminal construction project. At Supervisor Ludwig's request, Mr. Sabo confirmed that no funds for the project would come Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 35 from the General Fund. Chairman DeHaven opened the public comment period. Whit Wagner, Stonewall District, spoke in favor of the budget amendment to support the airport terminal project. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved for approval of the Resolution to amend the FY 22-23 budget for an Airport Capital Fund Supplemental Appropriation in the Amount of$11,500,000. This amount represents the construction and related costs for the airport terminal project. Vice Chairman McCarthy seconded the motion. Supervisor Dunn noted his dislike of 40-year borrowing notes. The motion carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION FISCAL YEAR 2022-2023 BUDGET AMENDMENT WHEREAS,Pursuant to Section 15.2-2507 of the Code of Virginia, 1950 as amended, the Frederick County Board of Supervisors,meeting in regular session on August 10,2022,took the following action: NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors that the FY 2022-2023 Budget be Amended to Reflect: Airport Capital Fund Supplemental Appropriation in the Amount of $11,500,000. This amount represents the construction and related costs for the airport terminal project. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #04-22 OF 84 LUMBER WINCHESTER—APPROVED Tyler Klein, Senior Planner, reviewed the proposal to rezone 2.21-acres from B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, and 8.69-acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, totaling 10.9-acres. He said this rezoning application modifies approved land uses associated with Rezoning Application (REZ) #02-05 and the Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 36 intended use of the proposed M1 zoned parcels is a manufacturing facility (84 Lumber — truss plant expansion). Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved for approval of Rezoning#04-22 for 84 Lumber Winchester. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#04-22 84 LUMBER WHEREAS, REZONING#04-22 84 Lumber submitted to rezone 2.21-acres from B3 (Industrial Transition)District to the M1 (Light Industrial) District with proffers, and 8.69-acres from the B3 District to the M1 District with proffers, totaling 10.9-acres. These properties are located northwest of the intersection of Martinsburg Pike (Route 11) and Yardmaster Court and are identified by Property Identification Numbers 44-A-75F and 44-A-75G in the Stonewall Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on July 20,2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on August 10,2022; 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. 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 2.21-acres from B3 (Industrial Transition)District to the M1 (Light Industrial)District with proffers, and 8.69- acres from the B3 District to the M 1 District with proffers, totaling 10.9-acres with amended proffer statement bearing signature date June 13, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE,CHAPTER 165 ZONING, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES; — DENIED Tyler Klein, Senior Planner, reviewed the proposed amendment (as drafted in 2020) which would allow single-family detached (SFD) lots 15,000 square feet (SF, or 0.34-acres) or greater to have up to a maximum of six (6) chickens by right through an administrative permit reviewed and approved by the Minute Book 48 Board of Supervisors Regular Meeting of August 10,2022 County of Frederick, Virginia 37 Department of Planning and Development (and would include a $25 permit fee). He said single-family attached lots (townhomes or duplexes), multi-family buildings, and lots less than 15,000 SF would continue to be prohibited from keeping chickens and this amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts as they also follow the RP District"Allowed Uses" list. He said additional regulations governing the proposed use are also proposed requiring the chickens to be kept in an enclosed rear yard, chicken coops meeting the proposed setback requirements for accessory structures and prohibiting the commercial sale of meat and eggs (i.e., restricted to personal use only). Supervisor Graber and Mr. Klein discussed the number of 0.34-acre size lots in the County numbering about 8,000 while 0.5-acre lots number about 3,500. In response to Supervisor Dunn's question, County Attorney Williams said that typically an ordinance is not enacted with a sunset or end date. In response to Chairman DeHaven's question about the required setback from the property line, Mr. Klein said it is five feet. Chairman DeHaven opened the public comment period. Laurie Logue, Shawnee District, said she was opposed to the ordinance amendment allowing chickens in the R4 and R5 zoning districts. Laura Piersin, Shawnee District, said she was opposed to the ordinance amendment allowing chickens in the R4 and R5 zoning districts. Sharon Mauzy, Red Bud District, said she was opposed to the proposed ordinance but is in favor of an ordinance amendment allowing chickens without a permit. Greg Mauzy, Red Bud District, spoke in opposition to the ordinance saying that chickens should be allowed by right. Greg Gallagher, Back Creek, spoke in favor of the ordinance amendment. Samantha Armel, Red Bud District, spoke in favor of the ordinance amendment. Dorothy McDonald, County resident, said she owns five acres, but cannot have chicken because she is in the R5 zoning district. She recommended one acre as the minimum lot size for allowing chickens. Theo Theologis, Stonewall District, said that homeowners' associations do not have the resources to enforce a chicken ordinance. Chairman DeHaven closed the public comment period. Supervisor Ludwig spoke in favor of the ordinance citing similar ordinances in Shenandoah and Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 38 Warren Counties. Supervisor Graber moved for approval of the Ordinance Amendment as presented. Supervisor Ludwig seconded the motion which failed 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. No Judith McCann-Slaughter No Supervisor Ludwig attempted to offer a motion with a larger minimum lot size. Chairman DeHaven confirmed with the County Attorney that unless the previous vote was reconsidered on a motion by one of those voting in the majority, no further motion could be entertained. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—OTHER PLANNING BUSINESS ORDINANCE AMENDMENT: SHORT-TERM LODGING—SENT FORWARD TO PUBLIC HEARING Tyler Klein, Senior Planner, reviewed the proposed short-term lodging ordinance amendment and the Board's direction to make several changes. He noted the Board of Supervisors' primary concern pertained to access to short-term lodging operations from private driveways in the RA (Rural Areas) zoning district, adding that there was no consensus among the Board on how best to address the issue. He said that following the May 25th discussion and subsequent review of comparable uses, access, and other ordinances from jurisdictions in the Commonwealth, staff developed two (2) scenarios for the Board to consider. He reviewed the scenarios as follows: Scenario A: Short-term lodging would be allowed by-right for single-family detached (SFD) residences in the RA (Rural Areas), RP (Residential Performance), and MH1 (Mobile Home Community) zoning districts. Short Term Lodging operators would only need to have an approved STL administrative permit and valid business license. No additional regulations are proposed to address access from private driveways under this proposal. Scenario B: Short-term lodging would be allowed by-right for SFD residences in the RP, and MH1 zoning districts. Short-term lodging would be allowed by-right in the RA district only where access to the property is provided directly from a state roadway; short-term lodging would be allowed through an approved conditional use permit (CUP), which requires public notification and public hearings, for properties where Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 39 access is provided from a private driveway. The Board and staff discussed the issue of a private driveway being used for a short-term rental business, options for neighbors on a shared driveway to weigh in when a short-term rental is being reviewed, and the possibility of requiring that all short-term rentals be accessed by public roads. Planning Director Wyatt Pearson noted the time-sensitive nature to adopt an ordinance regarding short-term rentals following a tax code change that has caused all short-term rental owners to be registered with the County, but that the properties need to be in zoning compliance. Vice Chairman McCarthy moved for approval of sending both of the proposed ordinance amendment options forward to public hearing. Supervisor Graber 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 Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ORDINANCE CHAPTER 165 -ZONING ARTICLE I General Provisions;Amendments;and Conditional Use Permits PART 101 -GENERAL PROVISIONS §165-101.02.Definitions and word usage CHAPTER 165-ZONING ARTICLE II Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses PART 204—Additional Regulations for Specific Uses §165-204.35. Short-Term Lodging CHAPTER 165-ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 —RA Rural Areas District§165-401.02.Permitted Uses. CHAPTER 165-ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402-RP Residential Performance District §165-402.02.Permitted Uses. CHAPTER 165-ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 403—MH1 Mobile Home District Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 40 §165-403.03.Permitted Uses. WHEREAS,a request to amend Chapter 165—Zoning Ordinance 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;and WHEREAS,the Development Review and Regulations Committee(DRRC)reviewed the proposed changes at their March 24,2022 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;May 25,2022 and August 10,2022 and; WHEREAS, the Frederick County Board of Supervisors finds 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;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 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. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Leslie Schottroffe, Opequon District, referenced the short-term rental discussion. She said in her case, all of the owners are responsible for the maintenance of the private driveway, but the owner of the short-term rental on her driveway has moved from the area and is not contributing. Minute Book 48 Board of Supervisors Regular Meeting of August 10, 2022 County of Frederick, Virginia 41 BOARD OF SUPERVISORS COMMENTS Supervisor Ludwig noted a Planning Commission work session the previous week saying he, as the Board's liaison to the Planning Commission, had not been informed about the meeting in a timely manner. Vice Chairman McCarthy noted that schools open next week. ADJOURN The meeting was adjourned at 8:53 p.m. on a motion of Vice Chairman McCarthy, seconded by Supervisor Wells. 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 August 10, 2022 County of Frederick, Virginia 42 Board of Supervisors Meeting Minutes of August 10, 2022 - Appendix 1 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday,July 20,2022 8:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Finance Committee meeting was held in the Board of Supervisors meeting room at 107 North Kent Street on Wednesday,July 20,2022 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Blaine Dunn; Gary Oates;and Jeffrey Boppe. Non-voting liaison: Seth Thatcher,Commissioner of the Revenue;and William Orndoff,Treasurer. Committee Member Absent: Angela Wiseman. Staff present: Cheryl Shiffler, Finance Director; Michael Bollhoefer,County Administrator; Jay Tibbs,Assistant County Administrator; Rod Williams,County Attorney; Nick Sabo,WRAA Executive Director; Lenny Millholland,Sheriff;Joe Wilder, Public Works Director; Wayne Corbett, Deputy Treasurer;Angela Whitacre, Deputy Treasurer; Lorraine Mossburg, Deputy COR; Melissa Sims, Personal Property Supervisor;Stacy Herbaugh, Interim Parks& Recreation Director; Steve Majchrzak, Fire& Rescue Chief; and Jennifer Place, Budget Analyst. Others present:Will Weber,Clear Brook Volunteer Fire& Rescue Company; and Bill Pifer, W RAA. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (*) Items 3,5,8,9 and 11 were approved under consent agenda. 1. The Interim Parks& Recreation Director requests a General Fund supplemental appropriation from proffer funds in the amount of$27,000 for the installation of a playground at Stonewall Park. This item has been approved by the P&R Commission. See attached information, p.4— 10. The committee recommends approval. 2. The Interim Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$155,000 for the construction of an amphitheater behind the Bowman Library. Of this amount,$55,000 is a carry forward of previously approved funds for this project,and $100,000 is an additional amount requested from proffer funds. The increase has been approved by the P&R Commission. See attached memo, p. 11-14. The committee recommends approval. Minute Book 48 Board of Supervisors Regular Meeting of August 10,2022 County of Frederick, Virginia 43 3. (*)The Parks& Recreation Interim Director requests an FY22 General Fund supplemental appropriation in the amount of$600. This amount represents a donation for a memorial park bench that has been installed at Frederick Heights Park. See attached memo, p. 15. 4. The Clear Brook Volunteer F& R Company requests a General Fund supplemental appropriation from proffer funds in the amount of$44,448.93 for a generator. This item falls under the F&R Capital item on the CIP and has been approved by the Public Safety Committee. See attached memo, p. 16—18. The committee recommends approval. 5. (*)The Clear Brook Volunteer F&R Company requests a General Fund supplemental appropriation in the amount of$26,046.50. This amount represents a carry forward of unspent proffer funds from the building renovation project. See attached memo, p. 19. 6. The Sheriff requests an FY22 General Fund supplemental appropriation in the amount of $29,760. This amount represents traffic control reimbursements and will be used for overtime. No local funds required. See attached memo, p. 20—21. The committee recommends approval. 7. The Sheriff requests an FY22 General Fund supplemental appropriation in the amount of $3,813.75. This amount represents reimbursements from the DEA and Secret Service and will be used for overtime. No local funds required. See attached memo, p. 22—23. The committee recommends approval. 8. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of$625 ($400 FY22; $225 FY23). This amount represents donations toward the impound lot building. No local funds required. See attached memo, p. 24—28. 9. (*)The Public Works Director requests a General Fund supplemental appropriation not to exceed$726,789.77. This amount represents a carry forward of unspent funds for the Gore Convenience Center project that is currently in process. Item has been approved by the Public Works Committee. See attached memo, p.29. 10. (*)The WRAA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of$112,659. This amount represents a carry forward of unspent bond proceeds. No local funds required. See attached memo, p. 30. Minute Book 48 Board of Supervisors Regular Meeting of August 10,2022 County of Frederick, Virginia 44 11. The Finance/Audit Committee charter adopted by the Board of Supervisors requires an annual review and reassessment. See attached charter, p.31—33. The committee recommends approval. 12. The Finance Director and the committee began discussions on personal property surplus. See attached information, p. 34—40. The committee recommends review of the personal property rate during the FY23 budget. The County Administrator will provide additional information at the work session on September 14,2022. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for June 2022. See attached, p.41—42. 2. Fund balance and financial information will be provided after the County closes FY22. 3. The Proffer Policy is provided. See attached, p.43. 4. The WRAA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of$11,500,000 and consent for the WRAA to issue debt in the amount of $2,225,850 for the construction and related costs for the airport terminal project. No local funds required. See attached information, p.44—45. The committee recommends forwarding the supplemental appropriation to public hearing. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Blaine Dunn Jeffrey Boppe Gary Oates By Finance Director Minute Book 48 Board of Supervisors Regular Meeting of August 10,2022 County of Frederick, Virginia J� Fti i J ' Board of Supervisors Minutes of Aug. 10, 2022 - Appendix 2 j 45 ABSTRACT of VOTES Cast in FREDERICK COUNTY,VIRGINIA at the 2022 June Republican Primary Election held on June 21, 2022 for, Member House of Representatives District:06 TO�A�C1` �`ES RECEIVED NAMES OF CANDIDATES ON THE BALLOT (IN FIGURES) Ben L. Cline 1784 Merritt D.Hale 739 Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 21, 2022, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. Given under our hands this � I�` day of � _ Chairman Vice Chairman Secretary n cting Secretary r. Book 48 Board of Supervisors Regular Meeting of August 10,2022 County of Frederick, Virginia