HomeMy WebLinkAboutOctober 12 2022 Regular Meeting Minutes 86
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 12, 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;
Blaine P. Dunn; Judith McCann-Slaughter; Shawn L. Graber; and Josh E. Ludwig were present. Robert W.
Wells 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; Kayla Peloquin,
Planner I, Joe Wilder, Director of Public Works; Seth Thatcher, Commissioner of the Revenue; 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
The Reverend Bobby Alger, Crossroads Community 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 Graber.
CITIZEN COMMENTS
Jeff Stevens, Back Creek District, commented on the agenda item regarding a supplemental
appropriation requested by the Public Works Director saying that the Shawneeland Sanitary District Advisory
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Board is not being consulted prior to funding requests going to the Public Works and Finance Committees.
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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 Absent
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Approval of Regular Meeting Minutes of September 28, 2022 - CONSENT AGENDA APPROVAL
-Acceptance of Transportation Committee Report of September 26, 2022 - CONSENT AGENDA APPROVAL,
Appendix 1
- Request from the Commissioner for Refunds: Sprint Spectrum LP -$15,031.41; Lease Plan USA
LT- $10,346.61 - CONSENT AGENDA APPROVAL
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BOARD OF SUPERVISORS COMMENTS
Supervisor Graber referenced the earlier comments of Jeff Stevens saying that the Shawneeland
Sanitary District Advisory Board members wish to be able to comment on funding requests prior to the Board
of Supervisors making a decision.
Supervisor Dunn announced that the Frederick County School Board has an online survey available
for those wishing to comment on the hiring of a new superintendent.
Supervisor Ludwig discussed his recent visit to Timber Ridge School and the new career programs
being offered.
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COUNTY OFFICIALS - None
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
PATRICIA SCHEULEN-FERRELL APPOINTED TO CONSERVATION EASEMENT AUTHORITY
—APPROVED
On motion of Vice Chairman McCarthy, seconded by Supervisor Graber, Patricia Scheulen-Ferrel l
was appointed to a three-year term ending 10-12-2025 on the Conservation Easement Authority on a voice
vote.
PATRICIA SCHEULEN-FERRELL APPOINTED TO AGRICULTURAL DISTRICT ADVISORY
COMMITTEE—APPROVED
On motion of Vice Chairman McCarthy, seconded by Supervisor Graber, Patricia Scheulen-Ferrel l
was appointed to an indefinite term on the Agricultural District Advisory Committee on a voice vote.
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COMMITTEE BUSINESS—FINANCE COMMITTEE ITEM RETURNED TO PUBLIC WORKS COMMITTEE
Supervisor Graber moved to return the following item to the Public Works Committee and the
Shawneeland Sanitary District Advisory Board for further review: 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 and a plow truck and tractor. This item
has been approved by the Public Works Committee. The Finance Committee recommends approval. Vice
Chairman McCarthy seconded the motion which carried on a voice vote.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
REZONING #08-22 OF METROMONT- POSTPONED TO OCTOBER 26, 2022
Senior Planner Tyler Klein explained the proposal rezone +/- 20 acres (north parcel, PIN 43-A-22)
from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres
(south parcel, PIN 54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total
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of +/- 44.72-acres. He said the proposed rezoning seeks to enable the expansion of an existing/adjoining
industrial (precast concrete manufacturing and storage) use in the Stonewall Magisterial District. He
concluded by saying that the proposal was sent forward to the Board of Supervisors with a recommendation
of approval by the Planning Commission, adding that new proffers had been received earlier in the day which
staff has not had time to review.
Ty Lawson, representing the applicant, noted the late delivery of the proffers and asked that the
Board table the matter until the October 26 Board meeting. Supervisor Graber offered to postpone the matter
until the November 9 meeting and Mr. Lawson declined, saying October 26 was preferable.
Chairman DeHaven opened the public comment period.
Thomas Moser, City of Winchester, said he lives near the subject property and expressed concerns
about noise, lime dust, and the flood plain.
Sam Riley, City of Winchester, said the noise of the current operation at the site is terrible and noted
concerns about flooding if further development occurs.
Janet Licklider, City of Winchester, said she lives across from the site and will miss the trees if the
site is developed. She also expressed concern about flooding.
Ty Lawson, representing the applicant, said the latest proffers will address concerns expressed by
neighboring residents.
Chairman DeHaven closed the public comment period.
Supervisor Dunn moved to postpone the action on Rezoning #08-22 for Metromont to October 26,
2022. Supervisor Slaughter seconded the motion which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Absent
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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CONDITIONAL USE PERMIT #06-22 KIMERLY HENRY - POSTPONED TO NOVEMBER 9, 2022
Mark Cheran, Zoning Administrator, reviewed the request for a Conditional Use Permit (CUP) for
Kimerly G. Henry to allow for the construction of a 180-foot monopole-type commercial telecommunication
tower. He said the Zoning Ordinance requires an Applicant to provide confirmation that an attempt was made
to collocate on an existing telecommunications facility and possible collocation structures. He said the
Applicant has provided an inventory of existing telecommunications facilities and that the Applicant said no
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other opportunities exist in this area. He said the Board did not receive this information until arriving at the
meeting because of a staff error.
Mr. Cheran reviewed the conditions recommended by the Planning Commission should the Board
of Supervisors find this application for a wireless telecommunication tower to be appropriate.
Supervisor Dunn and the Applicant discussed the FAA process for requiring a light on the tower.
Chairman DeHaven opened the public comment period.
No one addressed the Board.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved to postpone action on CUP #06-22 for Kimerly Henry until November
9, 2022, to allow time for a review of the information just provided to the Board and indicated the additional
information the Board would want to receive. 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 Absent
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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CONDITIONAL USE PERMIT #07-22 OPEN DOOR BAPTIST CHURCH -APPROVED
Kayla Peloquin, Planner I, explained the request for a Conditional Use Permit to operate a day-care
facility saying the applicant proposes utilizing an existing house on a 5.00 +/- acre lot for a day-care facility
that is currently being operated within the Open Door Baptist Church structure, located on an adjoining parcel.
She said the applicant proposes having seventy-four(74)children and thirteen (13)staff members to operate
the day-care from 7:30 a.m. to 5:30 p.m. Monday through Friday and plans to use the existing Church
entrance and driveway for day-care purposes and have vehicles loop around the house and exit back onto
Jeremiah Lane. She said that should the Board of Supervisors find this application for a daycare facility to be
appropriate, the Planning Commission recommended that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and
obtain a Frederick County Business License.
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3. An engineered site plan, in accordance with the requirements of Part 802 of the Fredrick County Zoning
Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of
the use.
4. One business sign associated with this CUP shall be permitted on the property not to exceed 50 sq. ft and
not to exceed 12' in height.
5. Any expansion or change of use will require a new CUP.
The Board, staff, and the Applicant's representative discussed the allowed number of children and
staff, fire safety issues, the need to upgrade the septic system per the Health Department, and the possibility
of constructing of an addition to the existing residential building.
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 CUP#07-22 for Open Door Baptist Church. Supervisor
Ludwig seconded the motion.
Supervisor Dunn moved to amend the main motion to allow up to 80 children and 15 staff members
with either an addition to the existing building or the replacement of the existing building. Vice Chairman
McCarthy seconded the motion to amend which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Absent
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
The main motion carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Absent
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#07-22
OPEN DOOR BAPTIST CHURCH
(KIDZ DAYCARE FACILITY)
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#07-22 was submitted by Open Door Baptist Church for
a Kidz Daycare Facility. The applicant proposes utilizing an existing house on a 5.00 +/- acre lot for a day-care facility
that is currently being run out of Open Door Baptist Church,located on an adjoining parcel.The applicant proposes having
seventy-four (74) children and thirteen(13) staff members to operate the day-care from 7:30 a.m. to 5:30 p.m Monday
through Friday. The Property is located at 281 Jeremiah Lane Clearbrook, Virginia. The property is identified with
Property Identification Number 33-A-123A in the Stonewall Magisterial District; and
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WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on
September 21,2022 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 October 12,2022; 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#07-22 to allow for a Daycare Facility
on the parcel identified with Property Identification Number 33-A-123A is issued with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and obtain a Frederick County Business License.
3. An engineered site plan, in accordance with the requirements of Part 802 of the Fredrick County Zoning
Ordinance, shall be submitted to and subject to approval by Frederick County prior to
establishment of the use.
4. One business sign associated with this CUP shall be permitted on the property not to exceed
50 sq. ft and not to exceed 12' in height.
5. No more than eighty(80)children and fifteen(15) employees shall be associated with this use at any given
time.
6. Any expansion or change of use will require a new CUP.
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BOARD LIAISON REPORTS
Supervisor Ludwig commented on recent meetings of the Planning Commission and the Social
Services Board.
CITIZEN COMMENTS
Joyce Barr, Gainesboro District, referenced the recent mailing regarding real estate property
assessment saying she supports a revenue-neutral tax rate. She inquired about when a forensic audit of
Frederick County Public Schools would occur.
BOARD OF SUPERVISORS COMMENTS
Vice Chairman McCarthy noted that the Board has no authority over real estate property assessments
and referred any citizens with questions to the Commissioner of the Revenue.
Supervisor Dunn suggested that the Board hold a budget work session on November 9 and the Board
agreed to do so by consensus.
Supervisor Graber requested, as part of the budget process, a discussion of hiring a fleet manager to
oversee the inventory of equipment and vehicles in the County.
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Supervisor Graber discussed the budget document recently received from the School Board saying
he was ready to move to request a forensic audit of the schools before the new superintendent arrives. Vice
Chairman McCarthy seconded the motion.Supervisor Dunn and Vice Chairman McCarthy discussed forensic
audits being designed to find fraud while the issue is rather that the Board is not seeing exactly how funds
are spent.
Supervisor Ludwig noted that the motion had been restated to direct the County Administrator to
provide options and costs for conducting an audit of the Schools' finances. He said he and the County
Administrator had discussed having the County departments provide line items in a fashion similar to what
the Board has requested from the Schools.
Supervisor Dunn said he would support getting information and parameters before voting to move
forward with a forensic audit.
The motion to direct the County Administrator to provide information about the types of audits,
options, and costs for conducting an audit of the Schools' finances carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Absent
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Supervisor Slaughter announced upcoming meetings for citizen input on the Northeast Frederick
Land Use Plan Update and the Transportation Forum.
ADJOURN
On motion of Vice Chairman McCarthy, seconded by Supervisor Graber, the meeting was adjourned
at 8:11 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
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Board of Supervisors Meeting Minutes of October 12, 2022 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, September 26, 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), and Gary
Oates (Voting).
Committee Members Absent: Shawn Graber(Voting)and Lewis Boyer(Liaison Stephens
City).
Staff Present: Assistant Director John Bishop, and Kathy Smith, Secretary.
ITEMS FOR INFORMATION ONLY:
1-Route 37 Study Update: Staff gave an update on the Route 37 Feasibility and Phasing Study.
There has been significant interest and staff has answered questions from several contractors
with four (4) proposals received. Staff will be reviewing those proposals. Staff will have an
update at the next meeting.
2-Transportation Forum: The Transportation Forum is to be held on November 10th in the Board
of Supervisors Room. The forum will follow the same pattern as in the past.
3-Application Development: Staff discussed the application development for upcoming rounds
of VDOT funding and the possibility of using County Transportation funds to aid in getting the
studies completed. Staff had some recommendations of sidewalk improvements from requests
that have been received from the past for the areas of Warrior/Tasker Drive, Valley Mill Road
and Senseny Road to be considered for the improvements. The Shawnee Drive Smart Scale
application will transition to the Revenue Sharing application project. Staff will be applying for
the maximum applications for Revenue Sharing.
4-County Project Updates: Renaissance Drive: Staff expects to receive draft plats for the
crossing easement from CSX by the October meeting and are currently working on the drainage
license.
Gainesboro Road/Route 522 Intersection Project: Staff has finalized scoping of the Signal
Justification Report with Timmons,the contractor that is completing that study for the County.
5-Other:VDOT gave a report on the Rural Rustic Program with Timber Lakes Lane,Old Baltimore
Road and Laurel Grove Road have been completed. Middle Fork Road the paving has been
completed with work still being done on the bridge section.
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Board of Supervisors Regular Meeting of October 12,2022
County of Frederick, Virginia