November 9 2022 Regular Meeting Minutes 112
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, NOVEMBER 9, 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; John Bishop, Assistant Director of Planning-Transportation; Tyler Klein, Senior Planner; Mark
Cheran, Zoning & Subdivision Administrator; Amy Feltner, Planner, 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
Cal Lowder, Pastor Emeritis, 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 with minor revisions on a motion by Supervisor
Graber, seconded by Supervisor Ludwig.
CITIZEN COMMENTS
Bill Tumblin, Winchester, spoke in opposition to Rezoning 08-22 for Metromont citing concern about
development and water runoff from the site.
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Jodi Yeggy, Red Bud District, spoke in opposition to the Board spending money on additional audits
of the School System.
David Licklider, Winchester, spoke in opposition to Rezoning 08-22 for Metromont saying only
negative effects will happen if it is approved.
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ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for the 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 Regular Meeting Minutes of October 26, 2022 -CONSENT AGENDAAPPROVAL
-Acceptance of Transportation Committee Report of October 24, 2022 -CONSENT AGENDA APPROVAL,
Appendix 1
-Acceptance of Public Safety Committee Report of October 27, 2022 - CONSENT AGENDA APPROVAL,
Appendix 2
-Confirmation of Granting Voting Credentials on Behalf of Frederick County to Deputy County
Administrator Jay Tibbs for the 2022 Virginia Association of Counties Conference - CONSENT
AGENDA APPROVAL,
- Resolution of Consent to the Issuance of Bonds by the Town of Woodstock Economic
Development Authority for the Benefit of Shenandoah University -CONSENT AGENDA APPROVAL,
RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY CONCURRING WITH A
FINANCING TO BE UNDERTAKEN BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN
OF WOODSTOCK,VIRGINIA,
TO BENEFIT SHENANDOAH UNIVERSITY
WHEREAS,the Economic Development Authority of the Town of Woodstock,Virginia(the"Authority"),
has received an application from Shenandoah University, a not-for-profit Virginia non-stock corporation (the
"University"), requesting the Authority to issue its Educational Facilities Revenue Bond in an aggregate principal
amount not to exceed$9,000,000(the`Bond")to finance(1)the Project,as described on Exhibit A,and(2)issuance
expenses incurred in connection with the issuance of the Bond;
WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended(the"Virginia Code"), states
that an industrial development authority may not finance facilities in another jurisdiction that has created its own
industrial development authority"unless the governing body of such locality in which the facilities are located or are
proposed to be located,concurs with the inducement resolution adopted by the Authority,and shows such concurrence
in a duly adopted resolution;"
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WHEREAS,Section 147(f)of the Internal Revenue Code of 1986,as amended(the"Internal Revenue Code")
requires that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds
of the Bond is located approve the issuance of such Bond;
WHEREAS, Section 147(f)of the Internal Revenue Code requires that any such approval by the applicable
governmental unit be given after a public hearing following reasonable public notice,which hearing may be held by
the public authority issuing the Bond;
WHEREAS, on November 1, 2022, in accordance with the requirements of Section 147(f) of the Internal
Revenue Code and Section 15.2-4906 of the Virginia Code, the Authority held a public hearing and adopted a
resolution(the"Resolution"),a copy of which has been filed with the records of the Clerk of the Board of Supervisors
of the County;and
WHEREAS,the University has requested the Board of Supervisors of the County to express its concurrence
with the Resolution so that a portion of the net proceeds of the Bond may be loaned to the University to finance such
portions of the Project to be located in the County.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY,VIRGINIA:
1. The Board of Supervisors hereby approves the issuance of the Bond by the Authority for the benefit
of the University,as required by Section 147(f)of the Internal Revenue Code and Section 15.2-4906 of the Virginia
Code,and concurs with the Resolution adopted by the Authority for the benefit of the University to the extent required
by Section 15.2-4905 of the Virginia Code to permit the Authority to loan the proceeds of the Bond to the University
to finance the portion of the Project to be located in the County.
2. The approval of the issuance of the Bond does not constitute an endorsement of the Bond or the
creditworthiness of the University. As required by Section 15.2-4909 of the Virginia Code,the Bond shall provide
that the County will have no obligation to pay the Bond or the interest thereon or other costs incident thereto.
3. All acts and doings of the officers of the County and members of the Board of Supervisors that are
in conformity with the purposes and intent of this resolution shall be,and the same hereby are,in all respects approved
and confirmed.
4. This Resolution shall take effect immediately.
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-Concurring Resolution Regarding a Financing by the Northwestern Community Services Board -
CONSENT AGENDA APPROVAL,
A CONCURRING RESOLUTION REGARDING A FINANCING BY THE NORTHWESTERN COMMUNITY
SERVICES BOARD
WHEREAS,the Northwestern Community Services Board("the NWCSB")was created pursuant to Chapter
5, Title 37.2 of the Code of Virginia (1950), as amended, by resolutions of the Common Council of the City of
Winchester("The City")and the Boards of Supervisors of Frederick,Clarke,Shenandoah,Page and Warren Counties
(collectively"The Counties");and
WHEREAS,the NWCSB has represented to the City and the Counties that it desires to borrow up to One
Million Seven Hundred Thousand Dollars($1,700,000)through a low-interest, 40-year loan with the United States
Department of Agriculture(USDA)to fund the acquisition of a certain property(136 General Drive,Luray,Virginia
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22835)located in Page County,Virginia,to be used for an outpatient behavioral health clinic and the payment of the
financing costs therefore;and,
WHEREAS,approval for the NWCSB to borrow funds described herein by the City and the Counties shall
be provided with the concurrence of each of the Member Jurisdictions;and,
WHEREAS, Virginia Code Section 37.2-504(11) requires the authorization of the City and the Counties
before the NWCSB may borrow money.
NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows:
1. Frederick County endorses the financing plans of the NWCSB;and,
2. To the extent required by law, if at all, Frederick County hereby endorses and further approves any
necessary and appropriate actions of the NWCSB to effect such financing;and
3. Under no circumstances shall this Resolution,or the loan,financing or payment of debt service on the
funding secured by the NWCSB described herein be deemed to be a lending of the City or the Counties,
or constitute a general obligation indebtedness or a pledge of the full faith and credit or taxing power of
any of the Member Jurisdictions,nor shall anything herein to therein contained legally bind or obligate
the City or the Counties to appropriate funds for the purposes described herein;and,
4. This Resolution shall be effective immediately.
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- Resolution -Additions to the Secondary System of State Highways—Yardmaster Court—
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.
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BOARD OF SUPERVISORS COMMENTS - None
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COUNTY OFFICIALS
PROJECT UPDATE—ALL POINTS BROADBAND
Kyle Rosner of All Points Broadband provided an update on the County-wide broadband initiative.
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SOIL AND WATER CONSERVATION DISTRICT BOARD UPDATE
Allyson Ponn of the Lord Fairfax Soil and Water Conservation District office provided an update on the
District's activities.
SUPERVISOR GRABER REQUESTED DISCUSSION OF PERFORMANCE AUDITS
Supervisor Graber said that a performance audit could look at what is being done well and what could
be improved in areas such as vehicle acquisition and maintenance and completion of capital projects. He
noted that some localities have combined departments that handle maintenance for all county-owned
vehicles including fire and rescue and school vehicles and they realize cost savings because of combined
services.
He moved that the Board do a performance audit on administration, building maintenance, vehicle
acquisition and maintenance, capital project funding, and construction funding for both the County and the
Schools. Vice Chairman McCarthy seconded the motion.
Supervisor Dunn said he was not prepared to ask for an audit yet and instead preferred to have time
to review the data recently received from the school system.
Vice Chairman McCarthy moved to amend the motion to delay the audit until further financial
information can be defined and received from the Schools by the end of 2022. Supervisor Dunn seconded
the motion to amend which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
Supervisor Graber's main motion, now amended, 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
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PROPOSED 2023 LEGISLATIVE INITIATIVES -APPROVED
Supervisor Graber moved that the Board approved the proposed 2023 Legislative Initiatives with the
exception of the item titled Workers' Compensation Presumptions, said item to be postponed until the next
regular meeting for further review and discussion of the current law and how claims from career fire and
rescue staff are handled. Vice Chairman McCarthy seconded the motion saying staff could bring forward an
affirmative statement rather than the current negative statement.
Supervisor Dunn said such compensation benefits essentially become hazard pay and he
encouraged private industry to produce non-hazardous firefighter gear.
Supervisor Slaughter said she would like information about how the Line Of Duty payments fit into
the workers compensation situation.
Vice Chairman McCarthy asked that staff be requested to clarify the impact on the County in order
to encourage the state to help fund the costs associated with additional insurance coverage for fire and
rescue personnel.
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
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
JAMES PROHASKA RECOMMENDED FOR APPOINTMENT TO BOARD OF ZONING APPEALS
—APPROVED
Supervisor Wells thanked R. K. Shirley for serving on the Board of Zoning Appeals for many years
noting that Mr. Shirley is no longer eligible for reappointment to an Opequon District seat following the recent
redistricting.
On motion of Supervisor Wells, seconded by Vice Chairman McCarthy, the appointment of James
Prohaska for a five-year term representing the Opequon District on the Board of Zoning Appeals was
recommended to the Circuit Court on a voice vote.
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COMMITTEE BUSINESS -TRANSPORTATION COMMITTEE
On motion of Vice Chairman McCarthy, seconded by Supervisor Slaughter, the Board directed staff
to send a letter of commitment to funding the Preliminary Engineering in FY 24 for the County's three
SmartScale applications. 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
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PUBLIC HEARINGS (NON PLANNING ISSUES) - None
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
CUP #09 -22 - MCKENZIE'S DOODLES—APPROVED
Planner Amy Feltner reviewed the request for a Conditional Use Permit (CUP) for James Brown
and Susan Brown for a dog kennel and breeding, McKenzie's Doodles. She said this was also a relocation
of an existing approved kennel (CUP#02-15)operating in a similar manner and under similar conditions. She
listed the conditions recommended by staff should the Board of Supervisors find the application for a dog
kennel and breeding to be appropriate.
The Applicant, James Brown, described the request.
Chairman DeHaven opened the public comment period.
Jerry Wisecarver, Back Creek District, spoke in support of the Conditional Use Permit being
approved.
Chairman DeHaven closed the public comment period.
Supervisor Graber moved to approve CUP 09-22 for McKenzie's Doodles. 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
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ORDINANCE
CONDITIONAL USE PERMIT#09-22
MCKENZIES DOODLES
JAMES BROWN&SUSAN BROWN
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#09-22 (McKenzie's Doodles)was submitted by James
Brown and Susan Brown for a Dog Kennel/Breeding and relocated business approved with CUP#02-15 was considered.
The Property is located at 1038 Hites Road,Middletown.The property is identified with Property Identification Number
84-A-34B in the Back Creek Magisterial District;and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on
October 19,2022 and recommended approval;and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during
their regular meeting on November 9,2022;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 #09-22 to allow for a Dog
Kennel/Breeding on the parcel identified with Property Identification Number 84-A-34B is issued with the following
conditions:
1. All review agency comments shall be complied with at all times.
2. A maximum of three(3)employees,not residing on the premise,shall be permitted with this CUP.
3. All dogs must be confined to kennels indoors by 9:00 p.m.to 7 a.m.
4. Hours of operation for the public to access the property shall be 9:00 a.m.to 8:00 p.m. seven days a week.
5. New structures to-be-used as kennels will require building permits prior to being built or relocated to the
property.
6. One(1)monument style sign with a maximum sign area not to exceed 50 square feet(SF)and not to exceed
10 feet(FT)in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
CONDITIONAL USE PERMIT #06-22 FOR KIMERLY HENRY- DENIED
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
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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
other opportunities exist in this area. 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 coverage by other telecommunications carriers such
as AT&T,Version, and Sprint.
Supervisor Slaughter moved that the Board adopt the draft resolution of denial of CUP #06-22 for
Kimerly Henry. Vice Chairman McCarthy seconded the motion.
Supervisor Graber said the proposed tower is in a high-density, high-growth area and is needed to
provide telecommunications coverage.
The motion for denial carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig No
Shawn L. Graber No Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter Aye
RESOLUTION
Denying Conditional Use Permit Application Number 06-22 of
Kimerly Henry for a 180-foot Monopole Type Communication Tower,on Property Identified as Tax Parcel Number
54-A-97F,
in the Stonewall Magisterial District
WHEREAS, on August 17, 2022, Kimerly Henry ("the Applicant") submitted Conditional Use Permit
Application Number 06-22 ("the Application'), requesting approval of a Conditional Use Permit, pursuant to
Frederick County Code§ 165-204.19,for a 180-foot monopole type communications tower("the Tower"),on property
identified as Tax Parcel Number 54-A-97F ("the Property"),in the Stonewall Magisterial District; and
WHEREAS, the Applicant included with the Application a supplementary letter, dated July 20, 2022,
accompanied by supplementary information,a copy of which letter and supplementary information is attached hereto
for convenience, and with page numbering(Supp. 001 —Supp. 020)provided by staff for reference; and
WHEREAS, the Frederick County Planning Commission conducted a public hearing on the Application on
September 21,2022, and forwarded the Application to the Board of Supervisors,with proposed conditions; and
WHEREAS, the Board of Supervisors conducted a public hearing on the Application on October 12, 2012;
and
WHEREAS, the Applicant has provided an additional supplementary letter, dated October 31, 2022,
accompanied by additional supplementary information, a copy of which letter and supplementary information is
attached hereto for convenience, and with page numbering(Supp. 021 — Supp. 032)provided by staff for reference;
and
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WHEREAS, approval of a conditional use permit for a commercial communications tower is expressly
subject to § 165-103.01 of the Frederick County Code,which requires separate consideration of such use to protect
the health,safety,and welfare of the residents of the County and to avoid adverse impacts on surrounding properties,
§ 165-103.02 of the Frederick County Code,which requires,among other things,that the use not tend to change the
character and established pattern of development of the area of the proposed use,be in harmony with and not adversely
affect the use and enjoyment of surrounding properties,and not adversely affect the natural character and environment
of the County,and§ 165-204.19 of the Frederick County Code,which provides that adjoining properties,surrounding
residential properties,and land use patterns not be negatively impacted;and
WHEREAS, the Property is adjacent to properties that are in the Residential Performance (RP) Zoning
District and that are in active use for single-family residential purposes and,as such,placement of the Tower on the
Property would be out of character with, inconsistent with, not in harmony with, and negatively impact those uses;
and
WHEREAS,the height of the Tower,180 feet,is significantly greater than existing structures in its immediate
vicinity, including every existing structure on parcels adjacent to or immediately across a street from the Property,
and therefore placement of the Tower on the Property would be incompatible with and out of scale with those
structures;and
WHEREAS,the Applicant has failed to propose meaningful measures to mitigate the impact of the Tower,
such as features to screen or otherwise limit the visibility of the Tower,the Applicant instead focusing almost entirely
on safety practices and standards related to the design, construction, and maintenance of the Tower, many of such
practices and standards already being requirements of applicable federal, state,and/or local laws,ordinances,and/or
regulations, or being default industry practices and standards that are already generally followed and that do not
represent efforts tailored to address the specific impacts of the Tower,as opposed to regarding towers generally,(Supp.
032);and
WHEREAS, the Applicant provides a number of technical opinions regarding communication network
operations, coverage areas, and the viability of different potential co-location sites, (Supp. 001-002, 011-012, 022-
025,and 027-028),but offers no evidence of the foundation for such opinions,such as his previous or existing business
or technical experience related to communications networks,or that of any person,whose identity the Applicant has
not disclosed in any event,providing such opinions, sufficient to substantiate qualification to express the opinions,
nor does the Applicant identify the type and/or appropriateness of any equipment and/or devices used, and the data
inputs used,to develop the opinions;and
WHEREAS, the Applicant has failed to provide a clear explanation of the size of the search area for
placement of a tower,having provided a map showing an area with a one-half mile radius(therefore representing an
area of 0.79 square miles),but denoting that map as"3 Mile Search area Map", (Supp. 004),having provided a list
titled "FCC Search for Towers in proximity" showing six existing towers, (Supp. 005), the closest of which (325
Broad Avenue)is located approximately three miles from the Property,and having indicated that one site(193 Eddys
Lane) is located outside his search radius, at 3.42 miles, (Supp. 026), and that another (143 Greenwood Road) is
located within his search radius,at 1.76 miles,(Supp.027);and
WHEREAS, relative to possible co-location sites at 1216 Berryville Avenue, 111 Dodge Avenue (the
Applicant incorrectly identifies this site as 207 Dairy Corner Lane), 143 Greenwood Road,220 Imboden Drive,and
103 East Piccadilly Street,the Applicant has provided inadequate evidence of their lack of viability and of efforts to
contact the owners of such sites,generally only having sent unsolicited letters,with no evidence of receipt of the same
or of reasonable efforts to follow up by other means, such as by contact with any business and/or finance
representatives of the owners,as follows:
• 1216 Berryville Avenue—the Applicant offers only an opinion,without adequate expert substantiation,
that the site is not usable for his purposes,(Supp.025);and
• 111 Dodge Avenue—the Applicant asserts only that he sent one unsolicited letter to the owner of the
adjacent property(207 Dairy Corner Place),Nghiem Minh Viet-Huong Huynh Yen Thi Kim, with no
evidence of receipt of the same or of reasonable efforts to follow up by letter to and by other means,
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such as by contact with any business and/or finance representatives of, the owner of the correct site,
(Supp. 009 and 024); and
• 143 Greenwood Road—the Applicant asserts that he made a telephone call to an 800 number posted at
the site,without indicating that the number is for business and/or finance representatives of the owner,
and a telephone call to the"main number" for Verizon, without success, and further offers an opinion,
without adequate expert substantiation,that the site is not usable for his purposes, (Supp. 027); and
• 220 Imboden Drive—the Applicant had contact with Shentel, the owner of the tower at this site, who
indicated potential availability for co-location there, (Supp. 029), and, in the Applicant's submission of
October 31, 2022, to the County, he indicated that he"immediately created a coverage study"and that
"Earlier I submitted the study", (Supp. 028),but the County in fact has received from the Applicant no
such documentation of the same; and
• 103 East Piccadilly Street — the Applicant asserts that he sent two unsolicited letters to the "George
Washington Hotel", with no evidence of receipt of the same or of reasonable efforts to follow up by
letter and by other means, such as by contact with any business and/or finance representatives of the
owner, and further offers an opinion, without adequate expert substantiation, that the site is not usable
for his purposes, (Supp. 025); and
WHEREAS, an application by the Applicant may be approvable were it supported by, among other things,
qualified expert opinions and evidence of sufficient efforts to co-locate at existing sites, and were the Applicant to
propose meaningful measures to mitigate the impact of the Tower, such as features to screen or otherwise limit the
visibility of the Tower, or, otherwise,were the Applicant to propose a communications tower for a different location
that could serve the relevant area; and
NOW,THEREFORE,BE IT RESOLVED that,based on the foregoing grounds,including but not limited to
the numerous shortcomings of the Application and of the supplementary information provided, and based on such
other grounds as are evidenced in staff reports and as were presented at the public hearings and public meetings at
which this matter was considered,and such grounds as are evident from a common understanding of the Property and
its environs, the Frederick County Board of Supervisors does hereby deny the Application, pursuant to Frederick
County Code§ 165-204.19,for a 180-foot monopole type communications tower,on property identified as Tax Parcel
Number 54-A-97F, in the Stonewall Magisterial District.
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REZONING #08-22 OF METROMONT-APPROVED
Vice Chairman McCarthy recused himself from the discussion citing that an employee of his business
opposes the rezoning.
Senior Planner Tyler Klein explained the proposal to 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
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.
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Ty Lawson, representing the Applicant, spoke in support of the rezoning.
Chris Pastorius of Metromont Shockey spoke in support of the rezoning.
Ty Lawson explained the revised proffers which had been provided to the Board.
Supervisor Slaughter moved for approval of Rezoning 08-22 for Metromont with the inclusion of the
proffers dated November 9, 2022. Supervisor Dunn seconded the motion, adding it would have been better
if the proffer had expanded the allowed land uses on the property.
Supervisor Graber said he was disappointed that the property owner was being handicapped by the
proffer and that the Board should not be limiting employers.
The motion for approval 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 Abstain Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#08-22 METROMONT
WHEREAS,REZONING#08-22 METROMONT,submitted to 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(Business General)District to the M2 District with proffers for a total of 44.72-acres. The north parcel
(PIN 43-A-22)is generally located south of Route 37 and west of the terminus of Cives Lane.The south parcel is generally
located west of the City of Winchester limits and north of Route 522 in the Stonewall Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 21,
2022 and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular
meeting on October 12,2022 and postponed action until the next Board meeting; and
WHEREAS,the Applicant requested action on the application be postponed until the next Board meeting; and
WHEREAS,the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular
meeting on November 9,2022 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 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 (Business General) District to the M2 District
with proffers for a total of 44.72-acres.The conditions voluntarily proffered in writing by the Applicant and the Property
Owner,dated November 9,2022, are attached.
+ + + + + + + + + + + + + +
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County of Frederick, Virginia
124
BOARD LIAISON REPORTS - None
CITIZEN COMMENTS
Jodi Yeggy, Red Bud District, referenced the Capital Improvements Plan saying the fourth high school
is needed now and that with the current growth in the community, the new school should be addressed now.
An unnamed citizen,of Pennsylvania Avenue in Winchester, addressed the Board about the Metromont
Rezoning with concerns including tree cutting and water run-off.
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber wished everyone a Happy Thanksgiving.
Supervisor Slaughter referenced Veterans Day, announced the upcoming Transportation Forum, and
recognized the Finance Department for receiving the Triple Crown Achievement award from the GFOA.
ADJOURN
On motion of Vice Chairman McCarthy, seconded by Supervisor Graber,the meeting was adjourned
at 9:11 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 November 9, 2022 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, October 24, 2022
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter Chairman (Voting), Kevin
Kenney(Voting), and Shontya Washington (Voting).
Committee Members Absent: Shawn Graber (Voting), Lewis Boyer (Liaison Stephens
City), Charles DeHaven,Jr. (Voting), and Gary Oates (Voting).
Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
SmartScale Application Funding: Staff gave an overview the SmartScale application funding
since VDOT has contacted Staff regarding the possibility of advancing a portion of the local
commitment that was a portion of the local SmartScale applications as follows: Exit 317 DDI:
$4,277,548(full local leveraged funds is$6,525,894), Exit 313 Partial median U-turn, $2,134,318
(full local leveraged funds is$3,043,974), Route 522/Costello Intersection, $1,129,180 (full local
leveraged funds is$1,430,130).These funds would be used to advance the engineering of these
projects (only for successful applications) ahead of the current projected schedule resulting in
lower total cost and accelerated project delivery. The SmartScale application results in actual
funding for approximately five (5)to six(6)years following the approval. If the County agrees to
provide funding from their agreed upon match earlier, it has the impact of advancing overall
project by allowing engineering to be completed utilizing local funds prior to the VDOT funds
becoming available. Staff gave the Committee an example, on the Exit 317 project, this has the
impact of advancing the project by 3 years since the estimates for that project assume 3 years
of Preliminary Engineering(PE).The time savings has the additional benefit to the application of
reducing the overall project cost because it results in fewer years of project cost inflation.
Project cost inflation is required to be included in any application. Removing years of project
cost inflation through this process also makes the project more competitive due to the positive
impact on overall cost. Staff gave an example of what the cost would be for each project. Staff
is seeking a recommendation from the Committee to the Board of Supervisor to authorize a
letter of commitment to fund PE in FY 24, prior to 8/1/2023. The letter be added to the
SmartScale applications for the above referenced projects with additional follow up actions that
will require to finalize the actual payment at the appropriate time. The Committee
recommended that Staff update the language on the Exit 317 to the Diverging Diamond
Interchange (DDI)for clarity.
Upon a motion by, Shontya Washington seconded by Kevin Kenney the Committee
recommended to authorize Staff to provide a letter of commitment to fund the Preliminary
Engineering in FY24 to the Board of Supervisors for approval.
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ITEMS FOR INFORMATION ONLY:
Route 37 Study Update:Staff gave an update on the Route 37 with the selection of a consultant
for the Phasing and Feasibility study. Staff and VDOT representatives interviewed two (2)firms.
McCormick and Taylor were selected for the project. Staff has an upcoming kick off meeting
with the firm's representatives to work out the details.
Transportation Forum: The Transportation Forum is to be held on November 101h in the Board
of Supervisors Room. The forum will follow the same pattern as in the past. The keystone of
the forum will be the Route 37 Phasing and Feasibility Study, MPO and other guest speakers.
County Project Updates: Renaissance Drive: Staff has the draft deed for right-a-way easement
through the property with the needed changes. Currently, Staff is 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.
The draft signal analyzes suggest the best location for the light would be the Gainesboro Road
and Route 522.
Other: Lt Warren Gosnell Sheriff's Office representative spoke to the Committee on a speed
limit reduction for Back Mountain Road. The current 55 mph speed is a public safety concern
for 8-mile stretch of the Roadway. A speed limit reduction would slow the driver's pace as they
make the curves and would allow the Sheriff's Office to initiate more traffic stops to enforce the
speed limit. The Committee recommended to have a discussion that would involve VDOT
representatives, members of the Sheriff's Office, State Legislators as well as Board of
Supervisors to address the concern.
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Board of Supervisors Meeting Minutes of November 9, 2022 - Appendix 2
PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday October 27, 2022
8:30 a.m.
1080 COVERSTONE DRIVE, WINCHESTER,VIRGINIA
ATTENDEES:
Committee Members Present: Walt Cunningham, Denny Linaburg, Helen
Lake, Blaine Dunn and Chairman Bob Wells.
Staff present: County Administrator Mike Bollhoefer, Fire & Rescue Chief
Steve Majchrzak, Director of Public Safety Communications Tamara Perez, County
Attorney Rod Williams ,Major Steve Hawkins, Volunteer Fire & Rescue President Dan
Cunningham, Deputy Director of Emergency Management Chester Lauck, Sheriff
Lenny Millholland,Finance Director Cheryl Shiffler, Captain Rick Singhas, Captain
Aleck Beeman, Budget Analyst Jennifer Place, Don Jackson, and Mary Davis.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS FOR INFORMATION ONLY:
1. Departmental updates:
Communications Director Perez stated that the department is currently staffed at 14
fulltime dispatchers with 1 open position and 4 potential new hires in the
background process. Mrs. Perez provided a handout with the center's call volumes
over the past 4 years adding that the numbers continue to rise (see attachment). She
also mentioned a new product enhancement, Prepared911, that would work in
unison with text to 911 to allow videos and text to be generated at no charge to the
County.
Sheriff Millholland distributed a preview of his FY24 budget requests to include 35
vehicles, training kits, equipment, and an additional drone (see attached). The
Sheriff is seeking approval for obtaining 2 additional school resource officers(SRO)
through available grants. The grants would contribute $42,000 towards the salary of
each officer and the County would cover the remaining. The committee supported
seeking the grants which, if approved,will be included as part of the FY24 budget.
Chief Majchrzak stated the Fire& Rescue Department is filing 8 positions with a
starts date in January. The explorer program has resumed as well as attending
various hiring events to help cast out a wide net to potential candidates. He
mentioned that his departments 10-year plan is on pace, to include possible
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County of Frederick, Virginia
128
construction of a new station (Station 22) equipped and staffed by career staff, in the
southeast corridor of the County, if approved. Mr. Linaburg reiterated the financial
strain on the Volunteer companies when it comes to upkeep of the stations, vehicles,
and retaining manpower.
2. Other business:
Chairman Wells discussed emergency access at Lake Frederick, noting there is the
main gate as well as an emergency use only gate on the backside of the community.
The gate was installed by the developers. Resident Mary Davis spoke about the push
back from the developers in updating the gate and is seeking advice on how to
approach this issue since it is not County owned. Chairman Wells also mentioned
starting up a CERT (Citizen Emergency Response Team) Program in the
community. Mr. Dan Cunningham advised the committee there is the LEPC (Local
Emergency Planning Committee)that could be of assistance.
Respectfully submitted,
Public Safety Committee
Bob Wells Blaine Dunn Denny Linaburg
Helen Lake Walt Cunningham
Minute Book 48
Board of Supervisors Regular Meeting of November 9, 2022
County of Frederick, Virginia