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HomeMy WebLinkAboutJanuary 11 2023 Regular Meeting Minutes 157 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 11, 2023 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; John Bishop, Assistant Director of Planning-Transportation; Mark Cheran,Zoning &Subdivision Administrator;Amy Feltner, Planner I; Kayla Peloquin, Planner I, Cheryl Shiffler, Finance Director; Stacy Herbaugh, Director of Parks and Recreation; Rich Venskoske, Director of Elections/General Registrar; Scott Varner, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Ian Renwick, Associate Pastor, Valley Bible Church, delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor McCarthy led the Pledge of Allegiance. ORGANIZATION OF BOARD OF SUPERVISORS FOR 2023 Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 158 Election of Vice-Chairman—Blaine Dunn Elected Chair DeHaven opened nominations for Vice-Chairman. Supervisor Wells nominated Supervisor Dunn. Supervisor Graber nominated Supervisor Ludwig. Supervisor Dunn was elected Vice Chairman on the following recorded vote: Blaine P. Dunn Dunn Josh E. Ludwig Ludwig Shawn L. Graber Ludwig Robert W.Wells Dunn J. Douglas McCarthy Ludwig Charles S. DeHaven, Jr. Dunn Judith McCann-Slaughter Dunn Adoption of Rules of Procedure-Approved Supervisor Slaughter moved that the Board adopt the UPDATED Rules of Procedure Frederick County Board of Supervisors, adopted May 28, 2003, amended through January 11, 2023, and Robert's Rules of Order Simplified and Applied. Supervisor McCarthy seconded the motion which carried on a voice vote. RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28,2003 ARTICLE I—MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings [AmendedOl/09/19] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate,the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street,Winchester,Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date,time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend.Thereafter,no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended,are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient.A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 159 Section 1-3. Continued Meetings Upon majority vote of the members attending,the Board may continue its meetings,regular or special, from time to time as it may fmd convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting,a majority of the Supervisors shall constitute a quorum.All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question,unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker,as provided for by the Code of Virginia, 1950,as amended. Section 1-5. Motions Subject to limitations imposed hereafter in these rules,discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration.No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion.Motions shall require a second.When possible,Board members making complex,multi-part,or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board,a motion to adjourn shall always be in order and shall be decided without debate,provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board,no motion shall be received unless it is one to amend,to refer to committee,for the previous question,for a substitute motion to lay on the table,or to recess or adjourn. Section 1-8. Reconsideration of Motions,Etc.,Upon Which Vote Has Been Announced;Rescission of Previous Actions [Amended 05/27/20] At any meeting of the Board,when any vote upon any motion,resolution,ordinance,or question has been previously announced at that meeting,the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion,resolution,ordinance,or question was considered.Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented.If the Board approves the motion to reconsider,the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board,the Board may not rescind any motion,resolution, ordinance,or question announced at a previous meeting,except and unless: -The action at issue is practically capable of being rescinded(e.g.,a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter;and either Minute Book 48 Board of Supervisors Regular Meeting of January It, 2023 County of Frederick, Virginia 160 -If the Board member has given notice of intent to make the motion to rescind,either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion,and such motion to rescind receives the affirmative vote of a majority of the members present at the time such motion to rescind is presented;or -If the Board member has not given such notice of intent to make the motion to rescind,the motion to rescind receives the lesser of(i)the affirmative vote of a majority of the members(including those not present at the time such motion to rescind is presented)or(ii)the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented.This situation of having not given notice shall be an exception to the notice requirements of Article V,Section 5-1 and,in the circumstances in the previous clause,if the requisite vote is obtained,advance notice to the Clerk is not required. If the Board approves a motion to rescind,the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter,but such debate and further decision of the matter shall take place not sooner than the next regularly scheduled meeting of the Board.If the matter was the subject of a public hearing, approval of the motion to rescind shall require the readvertising and reopening of the public hearing at a subsequent meeting of the Board,before the Board may take further action on the matter. Section 1-9. Robert's Rules of Order;Suspending Rules[Amended 09/14/11][Amended 02/14/18] The proceedings of the Board of Supervisors,except as otherwise provided in these rules and by applicable State law,shall be governed by the latest version of Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone.Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950,as amended,as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors,and all persons conducting themselves in an orderly manner may attend the meetings.However,the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However,no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene,and then,only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950,as amended. Section IA 1. Limitations on Duration and Hour of Meetings;Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M.without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining,the Chair shall poll the members of the Board to determine the desire of the members.The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. Section 1-12. Remote Meeting Participation[Adopted 3-25-20;Inserted In To Rules 1-13-21;Amended 1-12-22] The Board of Supervisors adopted the following policy to permit individual Supervisors to participate via electronic communication means in Board meetings,as permitted by Virginia Code§2.2-3708.2. Section 2.2-3708.2 states, with respect to such a policy: "The policy shall be applied strictly and uniformly,without exception, to the Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 161 entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting." A Supervisor may participate from a remote location when he or she experiences a personal matter or medical condition or disability that prevents attendance in person,or when a family member's medical condition that requires the member to provide care for such family member prevents the member's attendance in person. Whenever a Supervisor wishes to participate from a remote location,the following requirements apply: • On or before the day of the meeting, the Supervisor must notify Chair or, if the Supervisor who wishes to participate remote is the Chair,the Chair must notify the Vice Chair,and indicate the nature of the matter necessitating remote participation,as set forth below. • The Supervisor's absence must be due to a personal matter or medical condition or disability that prevents attendance in person,or when a family member's medical condition that requires the member to provide care for such family member prevents the member's attendance in person. o In the case of absence due to a personal matter (not medical/disability), the Supervisor may not participate remotely more than twice in one calendar year, and the Supervisor shall identify the personal reason,for inclusion in the Board's minutes to note remote participation for that reason. o In the case of absence due to medical/disability reason,or a family member's medical condition,the minutes must note the fact of remote participation for that reason,but minutes need not note the particular condition/disability. There is no limit on the number of times a Supervisor may participate remotely for medical/disability reasons. • The Supervisor must identify the location of his participation(which itself need not be open to the public), for inclusion in the Board's minutes. • The Supervisor's voice must be audible to all persons attending the meeting in person. • The Board must approve such participation on the particular occasion and note that fact in the minutes, including the reason for remote participation and the remote location from which the member participated.If the Board denies participation,the Board also must note that fact in the minutes,with the reasons for disapproval. With respect to approval/denial,the Board must uniformly apply the policy(denial can only be for noncompliance with the policy). • A quorum of the Board must be physically present at the meeting location. ARTICLE II—GENERAL CODE OF CONDUCT[Added 5/27/20] Section 2-1.General Conduct A. Each Board member will treat fellow Board members,citizens,staff,employees, and committee members with respect. B. Members of The Board,as individuals,have no legal authority to bind the County outside the meetings of The Board. C. To ensure the highest standards of respect and integrity during public meetings,the Board will observe the following: 1. Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 2. Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 162 Section 2-2.Roles and Responsibilities A. The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B. Board members will ensure that policy decisions and directions are communicated from the entire Board;no single member will provide direction on policy implementation to the County Administrator. C. Board members' interactions with staff should not unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload. Members of The Board will not give direction to any County staff member.Any request for action, which is not part of the routine or customary work of a committee or for routine or customary assistance,will be submitted to the County Administrator for consideration by The Board if necessary. D. Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E. Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F. Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G. Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters,unless the full Board authorizes disclosure,or unless such matter has become a part of the public record,and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. H. The Board recognizes that documents related to County Business,including all electronic transmittals sent or received in the performance of their duties as a Board Member,are subject to the requirements of the Freedom of Information Act. L When responding to the media,Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board.Whenever appropriate,the Public Information Officer will assist in communications with citizens and themedia. J. If a Board Member repeatedly violates this Code of Conduct,the Board may,by an affirmative vote of a majority of the Board,officially censure that member. Article III-OFFICERS Section 3-1. Chairman and Vice Chairman[Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors,as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair,who shall serve for a one year term expiring on December 31 st of the same year in which he or she is elected;provided,however,that unless the term of office has expired and the member has not been re-elected,the Vice Chair shall serve until their respective successor(s)shall have been elected and qualify.In the event that the Chair is absent from any meeting,the Vice Chair shall assume the authority and duties of the Chair.In the event the Chair and Vice Chair are absent from any meeting of the Board,then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board.Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum,and the Board will permit no behavior,which is not in keeping with this policy. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 163 The Chairman shall preserve order and decorum at all meetings.He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed.The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation.The Chair shall determine if statements are demeaning,inappropriate,or out of order,and shall have the authority to revoke the speaker's right to continue. The Chairman may order the expulsion of any person for violation of rules,disruptive behavior,or any words or action that incite violence or disorder,subject to appeal to the Board.Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled.Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion,a period not to exceed one year,either by the Chairman,subject to appeal to the Board, or by motion passed by the Board. The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties.The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950,as amended. Section 3-3. Clerk[Amended05/27/20] The Clerk of the Board shall be the County Administrator,and the duties and responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia, 1950,as amended.At the discretion of the Board,any county employee can be designated as Deputy Clerk,or Temporary Clerk,as the circumstances may require,and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV—AGENDA Section 4-1. Preparation[Amended07/08/20] The Clerk shall prepare an agenda for each meeting of the Board of Supervisors,conforming to the order of business specified in Section 5-1 under Order of Business. It is strongly recommended that supporting information for every item to be placed on the regular meeting agenda be received in the Office of the County Administrator before noon on the Wednesday that falls in the week immediately prior to the regularly scheduled Board meeting.Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow.The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda,along with the supporting information available to staff,on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 4-3. Posting and Notice[Amended 02/14/18] A copy of the meeting agendas shall be made available in the Office of the County Administrator,as of the date and time the information is distributed to members of the Board.Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors' meeting room. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 164 Section 4-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V- CONDUCT OF BUSINESS Section 5-1. OrderofBusiness[Amended06/11/03];[Amended0l/14/04];[Amended 02/14/18]; [Amended 08/08/18]; [Amended 05/27/20]; [Amended mm] At meetings of the Board,the order of business should be as follows: Closed Session(When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments(Agenda Items Only,That Are Not Subject to Public Hearing.)Consent Agenda(Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Appointments to Boards,Committees,and Commissions Committee Business Public Hearings—Non Planning Issues(When Required)Planning Commission Business Public Hearings(When Required) Other Planning Commission/Department Business Liaison Reports(If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions,deletions,or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. Section 5-3.Consent Agenda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda," and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda,beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda,that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda.Items which have Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 165 been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval,adoption,or enactment of each motion,resolution,or other item of business thereon,exactly as if each had been acted upon individually. Section 5-4. CitizenCommentsPeriod[Amended4/14/04][Amended0l/10/18];[Amended 02/14/18]; [Amended05/27/20] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors.The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing.A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors.Citizens desiring to address the Board of Supervisors during this period shall be signed up to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board.The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County.Citizens desiring to address the Board of Supervisors during this period are not required to register; however,each shall state their name and their Magisterial District of residence prior to their comments. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with,nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 5-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII- Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk,or his/her designee,identifying,with reasonable certainty,the subject matter of the presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 4-1 hereof.Only the person requesting to make the presentation may do so,unless otherwise permitted by the Chair,and every such speaker shall be subject to a five minute time limit for the presentation itself,which limit can be extended with agreement of the Chairman.Board member questions and discussion of the material presented shall not be subject to any time limit.Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI-PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s)at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff,it is the desire of the Board to hear from the public;and therefore,the applicant and staff presentations will be as brief as possible.In order to accomplish this objective,it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 166 Section 6-2. Order of Business [Amended 05/27/20] For public hearing items,the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (C) Public Comment (d) Close of Public Comment (e) Board Member Questions (fl Staff,Applicant Response (g) Board discussion and/or consideration Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief,concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present,properly and fairly,the subject matter.When written information has been provided prior to the hearing,that information should be summarized,and only new information should be presented in detail at the meeting. Section 6-5. Public Comment [Amended 05/27/20] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors.Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. Prior to commencing public comment,the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each,provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so.In the event the number of persons desiring to speak necessitates a register,speakers shall be recognized in the order in which they have registered. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 167 In the event the number of speakers results in the continuation of a public hearing,any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair,in his or her discretion,may allow,but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members' Questions Upon completion of a presentation by staff,applicant or member of the public,any member of the Board may ask questions to enhance their understanding of the issue,verify information presented or clarify the action or actions requested.Members of the Board shall not engage in debate with the person or persons making the presentation. Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10.Close of Hearing When the Chair of the Board shall have closed a public hearing,no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing,the Board of Supervisors shall,at its discretion,act or defer action upon the matter set for public hearing.In the event the Board defers action to a later date,the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII-CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public.Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 168 Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner.Cursing or other obscene language or gestures,threats,insults,or other actions intended to harass,provoke or incite a fight,brawl,or other such disorderly response will not be permitted.Any person whose conduct is contrary to this section will be removed as provided for in section 3-2 of these rules.Board members are expected to observe the same decorum at all meetings. Section 7-4. Name and Magisterial District of Residence[Amended 02/14/18] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once,they shall identify themselves each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment,who represents himself as being an officer or representative of an organization,group,association,corporation,or other entity,shall,upon request of a member of the Board,disclose for the organization,group,association,corporation,or other entity,the history,size,dues,structure,date of creation,requirements for membership,tax status;and shall reveal the organization's method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits[Amended05/27/20] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Section 7-8. Registration[Amended 02/14/18] Should registration of speakers be required,all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. Section 7-9. Written Copy of Comments Speakers are requested,but not required,to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 169 Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to the Board of Supervisors,and shall,upon request of any Board Member,provide the source of any information presented. ARTICLE VIII—APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities,boards,commissions,committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology(IT)Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire&Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors[Amended 01/25/06];[Amended 02/14/18]; [Amended 08/08/18] [Amended 01/11/23] Each board member may nominate citizen members to be appointed to the various authorities,boards, commissions,and committees where a representative is needed from a member's respective magisterial district or for the county at large.(Note:A current list of boards and committees is available on the County website.)A majority vote of those board members present shall be required to appoint a nominee to said authority,board, commission,or committee.Prior to Board action on a prospective nominee,the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors.For non-Frederick County boards such as regional or community-based bodies,the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate.Applications may be submitted electronically via the County website, www.fcva.us,or through the County Administrator's Office.A completed application shall be required for all initial nominations;however,a completed application for candidates being reappointed shall not be required. 2. Applications must be received in the County Administrator's Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 170 ARTICLE IX—Electronic Devices [Added05/27/20] Section 9-1.Devices Use of County-issued computers,tablets, and other devices and use of County email accounts shall be for County business purposes only. Section 9-2. Email Accounts Due the requirements of the Freedom of Information Act(FOIA)and record archiving purposes,Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County.When responding to emails that are sent to all Board members,respond by replying only to the sender. Email, like all written correspondence, is subject to the FOIA. Article X--AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised,repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. + + + + + + + + + + + + + + Selection of a Parliamentarian —County Administrator Elected Supervisor Slaughter moved that the Board elect the County Administrator as Parliamentarian. Supervisor McCarthy seconded the motion which carried on a voice vote. Selection of Time and Place for Regular Meetings-Approved Supervisor Slaughter moved that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester,Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2023 with the exception that the second meeting in November and December not be scheduled because of the conflict with the holidays, and further moved that should a meeting be canceled due to inclement weather, it take place on the following evening. Supervisor McCarthy seconded the motion which carried on a voice vote. Chairman's Annual Board Committee Assignments Chairman DeHaven provided committee assignments but said there may be changes Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 171 forthcoming. Board Member Assignments for 2023 Charles S. DeHaven, Jr. Code & Ordinance Committee; Finance Committee; Human Resources Committee alternate; Technology Committee, Chair; Transportation Committee; Joint Finance Committee; Metropolitan Planning Organization; Northwestern Regional Jail Board alternate; Fire & Rescue Association liaison; Parks & Recreation Commission liaison. Blaine P. Dunn Finance Committee; Human Resources Committee, Chair; Technology Committee; Northern Shenandoah Valley Regional Commission. Shawn L. Graber Northern Shenandoah Valley Regional Commission; Agricultural District Advisory Committee; Extension Leadership Committee. Josh E. Ludwig Transportation Committee; Handley Regional Library Board liaison; Planning Commission liaison; Social Services Board liaison; Tourism Board liaison Judith McCann-Slaughter Finance Committee, Chair; Transportation Committee, Chair; Joint Finance Committee; Metropolitan Planning Organization; Conservation Easement Authority; Economic Development Authority; Northwestern Regional Jail Board. J. Douglas McCarthy (Resignation effective 1-20-23) Robert W. Wells Public Safety Committee, Chair; Public Works Committee, Chair; Northwestern Regional Jail Board; Landfill Oversight Committee; Frederick Water Board liaison. 444 Citizen Committee Appointments for 2023 Code&Ordinance Committee Finance Committee Derek C.Aston Jeffrey S. Boppe Stephen G. Butler Gary R. Oates Angela L. Rudolph-Wiseman Human Resources Committee Information Technologies Committee Don Butler Quaisar Absar Beth Lewin John F.Jewell Kimberly G. McDonald Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 172 Public Safety Committee Public Works Committee Walter"Walt" Cunningham Gene E. Fisher Helen Lake Gary E. Longerbeam Dennis D. Linaburg Ed Strawsnyder,Jr. Kevin W. Kenney Transportation Committee Gary R. Oates Kevin W. Kenney Shontya Washington + + + + + + + + + + + + + + ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted, with the removal of two items regarding legal matters under County Officials, on a recorded vote on a motion by Supervisor Slaughter seconded by Supervisor Graber: 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 CITIZEN COMMENTS - None + + + + + + + + + + + + + + ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for the adoption of the consent agenda as presented. Supervisor 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 December 14, 2022 -CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of December 14, 2022 -CONSENT AGENDA APPROVAL -Acceptance of Finance Committee Report of December 21, 2022 -CONSENT AGENDA APPROVAL,Appendix 1 Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 173 - 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 WHEREAS,this Board assumes total responsibility for all cost and expense incurred to correct faulty workmanship or materials identified by VDOT and associated with the construction of one or more of the roads and/or related drainage facilities described on the attached AM-4.3 form for a period of one calendar year after the date of the legal acceptance of the referenced road into the Secondary System of State Highways. 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 Dunn recognized Parks and Recreation staff, led by Stacy Herbaugh, for the excellent job on the winter light show at Clear Brook Park. + + + + + + + + + + + + + + COUNTY OFFICIALS PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF GAINESBORO DISTRICT REPRESENTATIVE -APPROVED County Attorney Williams reviewed the options for filling the vacancy on the Board that will occur on January 20 when the resignation of Supervisor McCarty is effective. The Board discussed the options and Supervisor McCarthy moved that the Board authorize the County Attorney to file a petition for writ of election to fill the vacancy in the office of Gainesboro District Representative,such election to occur on April 11,2023. 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 Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 174 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye AUTHORIZING THE COUNTY ATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF GAINESBORO DISTRICT REPRESENTATIVE TO THE BOARD OF SUPERVISORS WHEREAS,J.Douglas McCarthy has submitted his resignation as Gainesboro District representative to Board of Supervisors,effective January 20,2023;and WHEREAS,Virginia Code§24.2-226(A)requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors within 15 days of the vacancy;and WHEREAS,the Board finds it appropriate that the election to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors take place on April 11,2023. NOW,THEREFORE,BE IT RESOLVED,that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election,to fill the vacancy in the office of Gainesboro District representative to Board of Supervisors,such election to occur on April 11,2023. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS DIANE KEARNS APPOINTED TO ECONOMIC DEVELOPMENT AUTHORITY—APPROVED On motion of Supervisor McCarthy, seconded by Supervisor Graber, Diane Kearns was appointed to fill an unexpired four-year term ending 11-10-24 on the Economic Development Authority on the following recorded vote: 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 GARY LOFTON APPOINTED TO ECONOMIC DEVELOPMENT AUTHORITY—APPROVED Supervisor Slaughter moved to reappoint Doug Rinker to a four-year term ending 01/11/27 on the Economic Development Authority. Supervisor Graber moved to amend the motion to appoint Gary Lofton to the EDA rather than Doug Rinker. Vice Chairman Dunn seconded the motion to amend which carried on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 175 The amended motion to appoint Gary Lofton carried on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No THEO THEOLOGIS RECOMMENDED FOR RE-APPOINTMENT TO THE BOARD OF EQUALIZATION —APPROVED On motion of Supervisor McCarthy, seconded by Supervisor Graber, the appointment of Theo Theologis for a three-year term on the Board of Equalization was recommended to the Circuit Court 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. No Judith McCann-Slaughter Aye ROBERT HESS AND RICHARD TILL APPOINTED TO THE EMPLOYEE GRIEVANCE PANEL POOL—APPROVED On motion of Supervisor McCarthy, seconded by Supervisor Wells, Robert Hess and Richard Till were appointed to serve in the Employee Grievance Panel Pool 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 + + + + + + + + + + + + + + COMMITTEE BUSINESS - FINANCE COMMITTEE BUSINESS THE PARKS AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,000. -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of$3,000. 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 Minute Book 48 Board of Supervisors Regular Meeting of January It, 2023 County of Frederick, Virginia 176 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE PARKS AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $20,000. -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of$20,000. 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 THE TREASURER REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $700. -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Treasurer requests a General Fund supplemental appropriation in the amount of $700. 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 THE LANDFILL MANAGER REQUESTS A LANDFILL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $14,921 - APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Landfill Manager requests a Landfill fund supplemental appropriation in the amount of$14,921 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 THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,091.80 -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$3,091.80 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 Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 177 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $9,091.77. -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of$9,091.77. 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 THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $2,359. -APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The Sheriff requests a General Fund supplemental appropriation in the amount of $2,359. 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 THE WRA EXECUTIVE DIRECTOR REQUESTS AN AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $ 327,778, AND AN AIRPORT OPERATING FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $6,556. —APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the following: The WRA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of $ 327,778, and an Airport Operating Fund supplemental appropriation in the amount of $6,556. 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 THE WRA EXECUTIVE DIRECTOR REQUESTS AN AIRPORT OPERATING FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $500,000—APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved the Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 178 following: The WRA Executive Director requests an Airport Operating Fund supplemental appropriation in the amount of$500,000. 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 CASH ADVANCE FOR THE BUDGETED $4,117,427 SBCR GRANT FUNDS FOR FCPS— APPROVED On motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the Board approved advancing cash for the budgeted $4,117,427 SBCR Grant funds for the Frederick County Public Schools in order to reduce the delay in completing capital projects 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 + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE COUNTY OF FREDERICK, VIRGINIA, AND H&R BLOCK EASTERN ENTERPRISES, INC.—APPROVED Deputy County Administrator Tibbs reviewed the proposed amendment to the Existing Lease Agreement Between the County of Frederick, Virginia, and H&R Block Eastern Enterprises, Inc., for Space Located at 223 Sunnyside Plaza Drive. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Vice Chairman Dunn moved to approve the amendment to extend the existing lease for an additional three years commencing on May 1, 2023, and expiring on April 30, 2026. Supervisor 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 Regular Meeting of January It, 2023 County of Frederick, Virginia 179 Judith McCann-Slaughter Aye + + + + + + + + + + + + + + ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 48 ANIMALS AND FOWL, ARTICLE I DOG LICENSING; RABIES CONTROL AND ARTICLE II NOISE. - DENIED County Attorney Williams reviewed the proposed Amendments to address dog noise and to update provisions to comport with state enabling legislation. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Vice Chairman Dunn, referencing the section regarding dog barking, noted his dislike of the 10- second interval as a measurement. The Board discussed the need for and application of the proposed ordinance. Supervisor McCarthy moved to approve the revisions to Chapter 48 as written to address enforceability concerns with the current provisions and update the ordinance generally, to comport with changes in state law. Supervisor Graber seconded the motion which failed on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT #10-22 FOR CCLAN, LLC—APPROVED Planner Amy Feltner reviewed the request for a Conditional Use Permit (CUP) to enable a tractor truck and tractor truck trailer parking on one parcel totaling approximately 20.87 acres located within the Carroll Industrial Park. She said the subject property is within the Stonewall Magisterial District. Ms. Feltner reviewed the conditions recommended by the Planning Commission should the Board of Supervisors find this application for a Conditional Use Permit to be appropriate. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 180 In response to questions from the Board, Assistant Planning Director Bishop discussed the site and its location in the future path of the I-81/Rt. 37 interchange. Chairman DeHaven opened the public comment period. No one addressed the Board. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved to approve CUP 10-22 for CClan, LLC. Supervisor 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 CONDITIONAL USE PERMIT#10-22 CCLAN,LLC WHEREAS,CONDITIONAL USE PERMIT APPLICATION#10-22 was submitted by CClan,LLC.,to allow for a tractor truck and tractor truck trailer parking facility. The property is located on Route 11 North(Martinsburg Pike) to Ebert Road (Route 837) and is further identified with Property Identification Number 43-21-6 in the Stonewall Magisterial District;and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on December 7,2022 and recommended approval with conditions;and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on January 11,2023;and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health,safety,welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit#10-22 to allow for a tractor truck and tractor truck trailer parking facility on the parcel identified with Property Identification Number 43-21-6 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be submitted and approved by Frederick County prior to the establishment of this use on this property. The site plan for the property identified as 43-21-6 shall depict future Route 37 right-of-way. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 tractor truck and tractor truck trailer parking. 3. Any expansion or modification of this use will require approval of a new conditional use permit. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 181 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS CONDITIONAL USE PERMIT 11-22 FOR RICHARD AND MARGARET BYESS— DENIED Planner Kayla Peloquin reviewed the request which had been tabled at the meeting of December 14, 2022, for a Conditional Use Permit(CUP)for a humanitarian aid organizational office saying the applicant proposes utilizing an existing barn on a 5.00 +/- acre property for both office space for the staff of non-profit organizations and as a storage space with donated furniture and other home furnishings being stored in the barn until they are dispersed. She said the barn includes a 288 square-foot office space, a 1,800 square-foot fully enclosed storage space, a functioning bathroom, and a partially enclosed storage/loading space in the rear of the building, and access to the office and storage area will be limited to staff and volunteers of partner organizations as well as those bringing donations during scheduled daytime hours and limited to several times a week for a few hours at a time. Ms. Peloquin reviewed the conditions recommended by the Planning Commission should the Board of Supervisors find this application for a Conditional Use Permit to be appropriate. The Applicant, Richard Byess, briefly explained the use planned for the property. Supervisor Graber moved to deny CUP 11-22 for Richard and Margaret Byess. Vice Chairman 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 No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No + + + + + + + + + + + + + + PUMP AND HAUL PERMIT AT 125 EDWARDS LANE -APPROVED Zoning Administrator Mark Cheran reviewed the request seeking approval of a Pump & Haul Permit for an existing residence at 125 Edwards Lane. The property had an outdoor pit-privy system on the property, which has been disconnected. He said Frederick County Code, §161-201.05A, states that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department, may approve a permanent pump and haul system permit if specific criteria are satisfied. Supervisor McCarthy moved to approve the Pump & Haul Permit for an existing residence at 125 Edwards Lane. Supervisor Graber 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 Regular Meeting of January It, 2023 County of Frederick, Virginia 182 Shawn L. Graber Aye Robert W.Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + DEVELOPMENT REVIEW FEE SCHEDULE—SENT FORWARD TO PUBLIC HEARING Assistant Planning and Development Director John Bishop outlined the proposed changes to the Development Review Fee Schedule. He said the Planning Commission reviewed this item on January 4, 2023, and staff is seeking Board discussion of this item and its readiness to be sent forward to a public hearing. Supervisor Wells moved that Board send the Development Review Fee Schedule forward to a public hearing. Supervisor 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 RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING THE ADOPTION OF DEVELOPMENT REVIEW FEES WHEREAS, upon request to adopt the Frederick County Development Review Fees schedule as an uncodified ordinance; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on January 4`h,2023 and agreed with the proposed changes; and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on January 11`x,2023 and; WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, general welfare,and good zoning practice,to direct the Frederick County Planning Commission hold a public hearing regarding the uncodified ordinance; and NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider the adoption of the Frederick County Development Review Fees. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 183 BOARD LIAISON REPORTS Supervisor Wells praised the annual holiday light show provided by the Parks and Recreation staff which was enjoyed by 35,000 visitors. Supervisor Ludwig read a statement regarding Social Services redetermining eligibility to receive services following the pandemic. CITIZEN COMMENTS Tim Regan, Back Creek District, thanked Supervisor McCarthy for his service as a Board member. BOARD OF SUPERVISORS COMMENTS Chairman DeHaven thanked Supervisor McCarthy for his service on the Board. Supervisor Graber thanked Supervisor McCarthy for his service on the Board. Supervisor Graber clarified his request that the schools submit a zero-based budget in categorical format with detail for any expenditures over$2500 in a year's time. Supervisor Graber said the County spends $19,488 per student per year and he would like to know how and where the money is spent. He moved that the Board request performance audits of four departments at Frederick County Public Schools: maintenance, construction, transportation, and administration. Supervisor Ludwig seconded the motion adding that such an audit would be beneficial for the County, the new superintendent, and the School Board members. Vice Chairman Dunn said he was not in favor of an audit at this time and that the Board can get answers without spending money on an audit. The motion failed on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Vice Chairman Dunn thanked Supervisor McCarthy for his service on the Board. Supervisor Ludwig thanked Supervisor McCarthy for his service on the Board. Supervisor McCarthy made parting remarks to the Board. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 184 ADJOURN On motion of Supervisor McCarthy, seconded by Supervisor Wells, and carrying on a voice vote, the meeting was adjourned at 8:26 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 Regular Meeting of January 11, 2023 County of Frederick, Virginia 185 Board of Supervisors Meeting Minutes of January 11 , 2023 - Appendix 1 REPORT AND RECOMMENDATIONS FINANCE COMMITTEE WEDNESDAY, DECEMBER 21, 2022 8:00 AM FREDERICK COUNTY ADMINISTRATION BUILDING FIRST FLOOR CONFERENCE ROOM 107 N. KENT STREET, WINCHESTER, VA 22601 Attendees - Committee Members Present: Judith McCann-Slaughter, Chairman; Charles DeHaven; Blaine Dunn; Gary Oates; Angela Wiseman; and Jeffrey Boppe. Non-voting liaison William Orndoff, Treasurer; and Seth Thatcher, Commissioner of the Revenue. Committee Members Absent: none. Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Jay Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Nick Sabo, WRAA Executive Director; Lenny Millholland, Sheriff; and Stacy Herbaugh, Parks and Recreation Director. Others present: none. A. Action Items A.1. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $3,000. This amount represents a donation from the Kiwanis Club of Winchester for the purchase of a youth disc golf course. Final project costs are pending awaiting final location determination for the course. The committee recommends approval. FinCmte20221221A1 Parks Donation DiscGolf.pdf A.2. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents a donation from the Blue Ridge Volleyball Association for the installation of three sand volleyball courts at Clearbrook Park. No local funds required. The committee recommends approval. Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 1 FinCmte20221221A2ParksDonationVB.pdf 186 A.3. The Treasurer requests a General Fund supplemental appropriation in the amount of$700. This amount represents the balance of proffer funds dedicated to the Treasurer for the renovation of the drive-thru window area in the Treasurer's office. The committee recommends approval. FinCmte20221221 A3TreasProffer.pdf A.4. The Landfill Manager requests a Landfill fund supplemental appropriation in the amount of$14,921. This amount represents an insurance reimbursement for fence damage. No local funds required. The committee recommends approval. FinCmte20221221A4Landfill InsClaim.pdf A.S. The Sheriff requests a General Fund supplemental appropriation in the amount of$3,091.80. This amount represents an insurance reimbursement for an auto claim. No local funds required. The committee recommends approval. FinCmte2022122l A5SheriffAutoClaim.pdf A.6. The Sheriff requests a General Fund supplemental appropriation in the amount of$9,091.77. This amount represent reimbursement from the DEA for overtime. No local funds required. The committee recommends approval. FinCmte2022122l A6SheriffDEA.pdf A.7. The Sheriff requests a General Fund supplemental appropriation in the amount of$2,359. This amount represents donations toward the Honor Guard and the building at the impound lot. No local funds required. The committee recommends approval. FinCmte2022122l A7SheriffDonations.pdf A.B. The WRA Executive Director requests an Airport Capital Fund supplemental appropriation in the amount of $327,778, and an Airport Operating Fund supplemental appropriation in the amount of $6,556. The amounts represent the FAA-AIG for the "North Side Environmental Assessment" project. No local funds required. The committee recommends Minute Book 48 Board of Supervisors Regular Meeting of January It, 2023 County of Frederick, Virginia 2 approval. 187 FinCmte20221221A8AirportAlG (1).pdf FinCmte20221221A8AirportAlG (2).pdf A.9. The WRA Executive Director requests an Airport Operating Fund supplemental appropriation in the amount of $500,000. This amount represents aviation fuel sales for the remainder of the fiscal year. No local funds required. The committee recommends approval. FinCmte2022122l A9AirportFuel.pdf A.10. The Finance Committee at its October 19, 2022 meeting recommended approval to advance cash for the budgeted $4,117,427 SBCR Grant funds for the Frederick County Public Schools in order to reduce the delay in completing capital projects. The item was mistakenly overlooked for action at the Board of Supervisor's December 14, 2022. FinCmte2022122l A10FCPSAdvance.pdf B. Items Not Requiring Action B.1. The WRA Executive Director requests advertising for public hearing a General Fund supplemental appropriation in the amount of $5,000,000. This amount represents revenue from the VA Dept of Commerce for construction related costs for the airport terminal project. Funds must be received by the County and disbursed to the EDA per the terms from the State of VA. No local funds required. The committee recognizes the item will be on the Board of Supervisors agenda and advertised for public hearing due to the amount of the request. FinCmte20221221 B1AirportFd10EDAlncentive.pdf B.2. The Finance Director requests discussion on including the Airport Capital budget in the regularly scheduled budget process. Historically, the Airport Capital budget was drafted and approved outside of the regular County budget cycle. The committee consented to incorporating the Airport Capital budget in the regular budget process with the WRAA Executive Director presenting information at a budget work session. C. Items For Information Only C.1. The Finance Director provides an FY 2023 Fund Balance Report ending December 16, 2022. FinCmte20221221 C1 FundBalance.pdf Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 3 C.2. The Finance Director provides financial statements ending November 30, 188 2022. FinCmte20221221 C2Financial Statements.pdf C.3. The Finance Director provides a Fund 10 Transfer Report for November 2022. FinCmte20221221 C3TransferRpt.pdf Minute Book 48 Board of Supervisors Regular Meeting of January 11, 2023 County of Frederick, Virginia 4