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HomeMy WebLinkAboutSeptember 28 2022 Closed Session and Regular Meeting Minutes 65 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 28, 2022 5:30 PM and 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, arrived after the completion of the Closed Session and attended the Regular Meeting. 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; Steve Majchrzak, Fire Chief; Cheryl Shiffler, Finance Director; Joe Wilder, Director of Public Works; Stacy Herbaugh, Director of Parks and Recreation; Bill Orndoff, Treasurer; Seth Thatcher, Commissioner of the Revenue; Scott Varner, Director of Information Technologies; Patrick Barker, EDA Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:32 p.m. All Members were present for the Closed Session except J. Douglas McCarthy. CLOSED SESSION Supervisor Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(3) and (5) for discussion or consideration of the disposition of publicly held real property, one or more retail spaces at Sunnyside Plaza, Sunnyside Plaza Drive, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and discussion concerning a prospective business or industry and the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Supervisor Slaughter seconded the motion which carried on a voice vote. Vice Chairman McCarthy arrived at 6:30 p.m. but did not enter the Closed Session. Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 66 At 6:35 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Supervisor Wells, seconded by Supervisor Graber, and carrying on a voice vote. Supervisor Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Slaughter seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Abstain Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RECESS At 6:36 p.m., Chairman DeHaven recessed the meeting until 7:00 p.m. REGULAR MEETING CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Ian Renwick, Associate Pastor at 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 on a voice vote following a motion by Supervisor Slaughter, seconded by Supervisor Dunn. CITIZEN COMMENTS Christie Scarborough, Stonewall District, referenced the discussion of Returning A Portion Of Collected Personal Property Funds To Residents. She said if too much in taxes was collected, money should be returned to the taxpayers. Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 67 David Eddy, Shawnee District, said the increase in taxes was wrong and funds should be returned to the citizens + + + + + + + + + + + + + + ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Work Session Minutes of September 14, 2022 - CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of September 14, 2022 - CONSENT AGENDA APPROVAL -Acceptance of Human Resources Committee Report of September 9, 2022 -CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Parks & Recreation Commission Report of September 13, 2022 - CONSENT AGENDA APPROVAL,Appendix 2 -Acceptance of Finance Committee Report of September 21, 2022 - CONSENT AGENDA APPROVAL, Appendix 3 -Approval to Conduct Rabies Clinics in 2023- CONSENT AGENDA APPROVAL - Resolution -Additions to the Secondary System of State Highways Snowden Bridge—Section 9— CONSENT AGENDA APPROVAL WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County;and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition;and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia,and the Department's Subdivision Street Requirements;and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage;and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 68 - Resolution -Additions to the Secondary System of State Highways Snowden Bridge—Section 11 — CONSENT AGENDA APPROVAL WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber discussed the setting of the personal property tax rate during the budget process and said he was in favor of returning funds to the residents at this time. Supervisor Ludwig said he was in favor of returning unexpected revenues to the residents. He noted there was no intention to raise the personal property tax and in fact, the tax rate had been lowered to offset the increased value of vehicles. + + + + + + + + + + + + + + COUNTY OFFICIALS RETURNING A PORTION OF COLLECTED PERSONAL PROPERTY FUNDS TO RESIDENTS— SENT FORWARD TO PUBLIC HEARING County Administrator Michael Bollhoefer provided information on the Board's request to review personal property taxes and options for providing a possible rebate. He said the unexpected increase in personal property tax revenues that the Board may wish to refund or credit totals $4,637,218. The Board discussed the options for providing a refund or credit to taxpayers. Vice Chairman McCarthy moved that the Board direct staff to prepare ordinances and advertise for public hearings to be held on October 26, 2022, regarding returning $4,637,218 proportionally Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 69 to residents who were billed for personal property taxes for certain vehicle categories in June 2022 and to change the second half tax due date to January 15, 2023. 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 Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None + + + + + + + + + + + + + + COMMITTEE BUSINESS—FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of$1,000. This amount represents a Keep Virginia Beautiful grant received for the purchase of cigarette butt collection containers. 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 in the amount of $34,070. This amount represents a carry forward of unspent FY22 funds for the Gore ($31,884) and Stephenson ($2,186) convenience centers. 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 in the amount of$20,406.22. This amount represents Flemming trust funds unspent in FY22($406.22)and additional funds for FY23 ($20,000)to be used for the spay/neuter Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 70 program. 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 in the amount of$157.12. This amount represents unspent FY22 restitution funds to be used for health services. 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 Landfill Fund supplemental appropriation not to exceed $3,129,269. This amount represents a carry forward of unspent FY22 funds for ongoing projects at the Landfill. 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 Shawneeland Fund supplemental appropriation in the amount of $150,000. This amount represents unspent FY22 funds to be used for the completion of the lake sinkhole remediation. 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 Vice Chairman McCarthy moved for postponement of consideration of the following until the next meeting: The Public Works Director requests a Shawneeland Fund supplemental appropriation in the amount of$224,740. This amount represents unspent FY22 funds to be used for an expansion of the Maple Trail bus stop. Supervisor Dunn seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 71 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 Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of$150,311. This amount represents a carry forward of unspent FY22 funds for the Old Charlestown Road Park design. 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 Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $12,460. This amount represents a carry forward of unspent FY22 proffer funds for the Abrams Creek trailhead and parking design. 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 Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $30,774. This amount represents a carry forward of unspent FY22 proffer funds for the Clearbrook Park pickleball courts. 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 Director requests a General Fund supplemental appropriation in the amount of$579,473. This amount represents a carry forward of unspent FY22 VDOT grant funds for the design and construction of the Abrams Creek Trail. 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 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 72 Supervisor Slaughter moved for approval of the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$132,328. This amount represents a carry forward of unspent FY22 funds for vehicles. 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$85,588.25. This amount represents a carry forward of unspent FY22 funds to purchase a building for emergency vehicles. 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 $12,192. This amount represents a carry forward of unspent FY22 funds to be used for SRO rifles. 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 $10,687. This amount represents a carry forward of unspent FY22 funds budgeted for office supplies and equipment to be used for 10 new tasers. 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 Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 73 supplemental appropriation in the amount of $3,724.24. This amount represents an automobile insurance claim reimbursement to be used for vehicle repair costs. 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 Fire Chief requests a Capital Fund transfer not to exceed $109,090.91 (local portion) and a General Fund supplemental appropriation not to exceed $90,909.09 (grant portion). These amounts represent costs for the installation of a direct capture exhaust removal system at Millwood Fire & Rescue station. Approval to accept the FEMA Fire Act grant award for a portion of the cost is also being requested. Vice Chairman McCarthy seconded the motion. Supervisor Graber noted he will offer suggestions for a review of the County's revenue recovery. 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 Supervisor Slaughter moved for approval of the following: The Finance Director requests a General Fund supplemental appropriation in the amount of $2,974.07. This amount represents unspent VJCCCA funds in FY 2022 that must be returned to the State. 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 Director requests a public hearing for a General Fund and County Capital Fund supplemental appropriation.The advertised dollar amount will represent the FY22 yearend General Fund fund balance in excess of 20% to be transferred to the Capital Fund per policy. 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 Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 74 Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #06 -22 OF TASKER WARRIOR PROPERTIES, LLC—APPROVED Senior Planner Tyler Klein explained the proposal to amend the proffer statement approved with REZ #04-18(Tasker Warrior Properties LLC)saying the proposed amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with by-right development on the subject property. He said no other provisions in the previously approved proffer statement are proposed to be amended. He concluded by saying that the Planning Commission sent the application forward to the Board of Supervisors with a recommendation of approval. At Vice Chairman McCarthy's request, Mr. Klein confirmed that the allowed 24-hour operation would apply only to the ATM and not any other business functions. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Ludwig moved for approval of Rezoning#06-22 For Tasker Warrior Properties, LLC.Vice Chairman McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#06-22 TASKER/WARRIOR PROPERTIES,LLC WHEREAS,REZONING#06-22 TASKEWWARRIOR PROPERTIES,LLC, submitted to rezone 8.5+/-acres from B2 (General Business)District with proffers to B2 (General Business)District with revised proffers. The proposed proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with by-right development on the parcel. The property is located southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District,and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 7, 2022 and recommended approval;and Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 75 WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on September 28,2022; 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 in accordance with Chapter 165 of the Frederick County Code,Zoning,is amended to revise the Zoning District Map to revise the proffers associated with Rezoning#06-22 Tasker/Warrior to modify the proffered hours of operation and allow for the installation of a 24- hour ATM/ITM machine in conjunction with by-right development on the parcel. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE REGARDING SHORT-TERM LODGING—APPROVED Planning Director Wyatt Pearson explained the proposed amendment to 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. He said the use would also be permitted in the R4 (Residential Planned Community) and R5 (Residential Recreation Community) Districts which follow the permitted uses specified in the RP District. He said as proposed, STL would be permitted in all residential dwelling types (single-family detached, townhomes, apartments, duplexes, mobile homes, etc.), adding that non-residential dwellings, such as tents, recreational vehicles/campers, and other structures that do not meet the building code definition of"dwelling" would otherwise be prohibited from being used as short-term lodging units. He further explained that following the Board of Supervisors discussion on August 10,2022,two(2)scenarios,outlined below,were sent forward for public hearing. 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. STL 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 Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 76 (CUP)for properties where access is provided from a private driveway. CUP's require public notification and public hearings. Chairman DeHaven opened the public hearing. The speakers were as follows: Leslie Schottroffe, Opequon District, said she was opposed to short-term rentals on her private driveway known as Waynes Lane and that she preferred Scenario B. Sue Case, Opequon District, said she did not oppose short-term rentals if they did not affect the neighbors and spoke in favor of Scenario B. Geremy Engle, Back Creek District, said he owns a short-term rental and prefers Scenario A while Scenario B infringes on property rights. Marie Renzy, Back Creek District, said she cleans short-term rentals as a job and wants a resolution allowing short-term rentals, to protect her livelihood. Samantha Berry, Back Creek District, said as co-owner of a short-term rental she prefers Scenario A rather than Scenario B which she said will have a detrimental effect on short-term rental owners. Kevin Athey, Back Creek District, spoke in support of Scenario A which he said will have the least number of regulations. Angie Wooten, Opequon District, spoke in support of Scenario A. She said her short-term rental sustained her during the pandemic and that having to obtain a conditional use permit would be a hardship for some owners. Karl Achstetter, Opequon District, said he owns the short-term rental on Waynes Lane. He said the traffic has actually been reduced with renters there instead of when he and his family resided there. He spoke in favor of Scenario A. Mike Schottroffe, Opequon District, spoke in favor of Scenario B citing the speeding and dust created on Waynes Lane by drivers using the existing short-term rental. Tom Fitzgerald, Back Creek District, asked the Board to be fair and support Scenario A rather than Scenario B. Gillian Greenfield, Gainesboro District, spoke in favor of Scenario A saying that no conditional use permit should be required for operating a short-term rental. Chairman DeHaven closed the public hearing. Vice Chairman McCarthy moved to adopt Scenario A of the proposed ordinance regarding short- term lodging. Supervisor Graber seconded the motion. Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 77 The Board discussed the objections to Scenario A stemming from a neighborhood dispute. Supervisor Dunn moved to amend the motion to include a report from the Planning Department after two years. The motion died for lack of a second. The motion to adopt Scenario A of the proposed ordinance 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. Aye Judith McCann-Slaughter Aye AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE 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—MRI Mobile Home District §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 Planning Commission held a public hearing on the ordinance amendment on September 7,2022 and recommended approval;and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on September 28, 2022 and; Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 78 NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors that the ordinance to address and amend Chapter 165—Zoning Ordinance to clarify, and amend requirements contained in the 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 is approved. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—OTHER PLANNING BUSINESS REZONING #07-22 (PROFFER REVISION)-APPROVED Senior Planner Tyler Klein explained the proposed rezoning to amend the proffer statement approved with REZ#04-17 (Carbaugh Business Center). He said the proposed amendment seeks to remove the restriction on the number of entrances allowed from future Renaissance Drive. He concluded by saying that the proposal was sent forward to the Board of Supervisors with a recommendation of approval by the Planning Commission. The Board,Ty Lawson representing the Applicant, and staff discussed the allowed number of VDOT- approved entrances. Mr. Lawson said he would agree to change the proffer to read that the applicant will construct not more than four entrances. Vice Chairman McCarthy moved to approve Rezoning #07-22 as revised during the previous discussion. 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 Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#07-22 RENAISSANCE 65 &RENAISSANCE 35 WHEREAS,REZONING#07-22 RENAISSANCE 65&RENAISSANCE 35,submitted to revise the proffers associated with Rezoning#04-17 Carbaugh Business Center. This proffer amendment seeks to change the restriction on the number of entrances allowed from future Renaissance Drive.The subject properties are located south of Shady Elm Road(Route 65 1) and north of the railroad and are identified with Property Identification Numbers 74-A-68 and 74-A-69 in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on September 21, 2022 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on September 28,2022; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 79 of the public health,safety,and welfare. NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in accordance with Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended to revise the proffers associated with Rezoning#0417 Carbaugh Business Center to change from two to four the restriction on the number of entrances allowed from future Renaissance Drive,subject to VDOT approval of the entrances.The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Supervisor Slaughter read a letter from Sold Waste Manager Gloria Puffinburger thanking the Regional Jail Authority for reactivating the inmate litter crews that had been discontinued during the pandemic. ADJOURN On motion of Vice Chairman McCarthy, seconded by Supervisor Wells, the meeting was adjourned at 9:16 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 48 Board of Supervisors Closed Session&Regular Meeting of September 28, 2022 County of Frederick, Virginia 80 Board of Supervisors Meeting Minutes of September 28, 2022 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday,September 9,2022 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held on the First Floor Conference Room at 107 North Kent Street on Friday,September 9,2022,at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman;Josh Ludwig; Don Butler; Beth Lewin;and Kim McDonald. Staff present: Mike Bollhoefer,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; Michael Marciano, HR Director; DeLois Blevins, HR Manager;Scott Varner, IT Director; Patrick Fly, Deputy Director IT. ITEM FOR INFORMATION PURPOSES ONLY Mike Bollhoefer presented to the Committee an outline of some of the objectives he has for the County based on his observations and the feedback received from employees at various levels within the organization. 1. Career Ladders 2. Training 3. Employee Recognition 4. Performance Evaluations The HR Committee recommends exploring these areas further. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Josh Ludwig Kim McDonald By Michael J. Marciano, Director of Human Resources Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 81 Board of Supervisors Meeting Minutes of September 28, 2022 - Appendix 2 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday September 28,2022 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator From: Stacy Herbaugh, Director, Parks & Recreation Dept. Date: September 14, 2022 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on September 13, 2022. Members present were Gary Longerbeam, Ronald Madagan, Charles Sandy,Jr., Dennis Grubbs, and Jenny Myers. Non- voting Board Liaison, Mr. Robert Wells. Members Absent: Guss Morrison, Natalie Gerometta, Amy Strosnider ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. Mr. Madagan made a motion to accept the donation of a 6"sand volleyball court from the Blue Ridge Volleyball Association and amend their agreement for additional court usage, seconded by Mr. Sandy, carried unanimously(5-0). 2. Mr. Madagan made a motion to allow the 2 For 2 Foundation to have an information table at Sherando Park during the Blue Ridge United soccer games for the Fall 2022 season, seconded by Mr. Sandy, carried unanimously(5-0). Cc: Gary Longerbeam, Chairman Robert Wells, Board of Supervisors' Non-Voting Liaison Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 82 Board of Supervisors Meeting Minutes of September 28, 2022 - Appendix 3 FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Wednesday, September 21,2022 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, September 21,2022 at 8:00 a.m. ATTENDEES: Committee Members Present: Judith McCann-Slaughter,Chairman; Charles DeHaven; Blaine Dunn; Gary Oates;Angela Wiseman; and Jeffrey Boppe. Non-voting liaisons absent: Seth Thatcher, Commissioner of the Revenue; and William Orndoff,Treasurer. Committee Member Absent: none. Staff present: Sharon Kibler,Assistant Finance Director; Michael Bollhoefer,County Administrator;Jay Tibbs,Assistant County Administrator; Rod Williams,County Attorney;Joe Wilder, Public Works Director; Ron Kimble, Landfill Manager;Jon Turkel,Assistant Parks& Recreation Director; Steve Majchrzak, Fire& Rescue Chief; and. Others present: none. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: (*) Items 1,2,3,4, 11, 15 and 17 were approved under consent agenda. 1. (*)The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of$1,000. This amount represents a Keep Virginia Beautiful grant received for the purchase of cigarette butt collection containers. No local funds required. See attached memo, p. 5-6. 2. (*)The Public Works Director requests a General Fund supplemental appropriation in the amount of$34,070. This amount represents a carry forward of unspent FY22 funds for the Gore ($31,884)and Stephenson ($2,186)convenience centers. This item has been approved by the Public Works Committee. See attached memo, p.7 and 9. 3. (*)The Public Works Director requests a General Fund supplemental appropriation in the amount of$20,406.22. This amount represents Flemming trust funds unspent in FY22 ($406.22)and additional funds for FY23($20,000)to be used for the spay/neuter program. No local funds required. This item has been approved by the Public Works Committee. See attached information, p.7 and 10—11. Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 83 4. (*)The Public Works Director requests a General Fund supplemental appropriation in the amount of$157.12. This amount represents unspent FY22 restitution funds to be used for health services. No local funds required. This item has been approved by the Public Works Committee. See attached memo, p.7 and 12. 5. The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed $3,129,269. This amount represents a carry forward of unspent FY22 funds for ongoing projects at the Landfill. This item has been approved by the Public Works Committee. See attached information, p. 8 and 13—14. The committee recommends approval. 6. The Public Works Director requests a Shawneeland Fund supplemental appropriation in the amount of$374,740. This amount represents unspent FY22 funds to be used for the completion of the lake sinkhole remediation and an expansion of the Maple Trail bus stop. This item has been approved by the Public Works Committee. See attached memo, p. 8. The committee recommends approval. 7. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$150,311. This amount represents a carry forward of unspent FY22 funds for the Old Charlestown Road Park design. A master plan will be presented to the Board of Supervisors at a later date. See attached memo, p. 15. The committee recommends approval. 8. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$12,460. This amount represents a carry forward of unspent FY22 proffer funds for the Abrams Creek trailhead and parking design. See attached memo, p. 15. The committee recommends approval. 9. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$30,774. This amount represents a carry forward of unspent FY22 proffer funds for the Clearbrook Park pickleball courts. See attached memo, p. 15. The committee recommends approval. 10. The Parks& Recreation Director requests a General Fund supplemental appropriation in the amount of$579,473. This amount represents a carry forward of unspent FY22 VDOT grant funds for the design and construction of the Abrams Creek Trail. No local funds required. See attached memo, p. 15. The committee recommends approval. Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 84 11. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of$132,328. This amount represents a carry forward of unspent FY22 funds for vehicles. See attached memo, p. 16. 12. The Sheriff requests a General Fund supplemental appropriation in the amount of$85,588.25. This amount represents a carry forward of unspent FY22 funds to purchase a building for emergency vehicles. Funds have accumulated from donations and an insurance claim. See attached memo, p. 16. The committee recommends approval. 13. The Sheriff requests a General Fund supplemental appropriation in the amount of$12,192. This amount represents a carry forward of unspent FY22 funds to be used for SRO rifles. See attached memo, p. 16. The committee recommends approval. 14. The Sheriff requests a General Fund supplemental appropriation in the amount of$10,687. This amount represents a carry forward of unspent FY22 funds budgeted for office supplies and equipment to be used for 10 new tasers. See attached memo, p. 16. The committee recommends approval. 15. (*)The Sheriff requests a General Fund supplemental appropriation in the amount of $3,724.24. This amount represents an automobile insurance claim reimbursement to be used for vehicle repair costs. No local funds required. See attached memo, p. 17—18. 16. The Fire Chief requests a Capital Fund transfer not to exceed $109,090.91 (local portion) and a General Fund supplemental appropriation not to exceed $90,909.09 (grant portion). These amounts represent costs for the installation of a direct capture exhaust removal system at Millwood Fire& Rescue station. Approval to accept the FEMA Fire Act grant award for a portion of the cost is also being requested. See attached information, p. 19—25. The committee recommends approval. 17. (*)The Finance Director requests a General Fund supplemental appropriation in the amount of $2,974.07. This amount represents unspent VJCCCA funds in FY 2022 that must be returned to the State. No local funds required. See attached letter, p. 26. 18. The Finance Director requests a public hearing for a General Fund and County Capital Fund supplemental appropriation in the amount of$24.9 million. This amount represents the FY22 yearend General Fund fund balance in excess of 20%to be transferred to the Capital Fund per Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia 85 policy. See attached information, p.27—28. The committee recommends holding a public hearing. INFORMATION ONLY 1. The Finance Director provides a Fund 10 Transfer Report for August 2022. See attached, p.29. 2. The Finance Director provides financial statements ending August 31,2022. See attached, p. 30—40. 3. The Finance Director provides an FY 2022 Fund Balance Report ending September 16,2022. See attached, p.41. 4. The FY 2022 year-end open purchase orders have been provided by the County and the Schools. See attachments, p.42—49. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter,Chairman Charles DeHaven Blaine Dunn Jeffrey Boppe Gary Oates Angela Wiseman By Assistant Finance Director Minute Book 48 Board of Supervisors Closed Session&Regular Meeting of September 28,2022 County of Frederick, Virginia