HomeMy WebLinkAboutJanuary 25 2023 Regular Meeting Minutes 191
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 25, 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; Blaine P. Dunn, Vice Chairman; Robert
W. Wells; Judith McCann-Slaughter; and Shawn L. Graber were present. Josh E. Ludwig participated
remotely. The Gainesboro District seat is currently vacant.
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; Tyler Klein, Senior Planner; Patrick Fly,Assistant 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.
REMOTE PARTICIPATION APPROVED
Supervisor Slaughter moved for approval of remote participation by Supervisor Ludwig from his
home for medical reasons. Supervisor Graber seconded the motion which carried on a voice vote.
INVOCATION
Supervisor Wells delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Dunn led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
The proposed agenda was adopted on a recorded vote on a motion by Supervisor Slaughter
seconded by Vice Chairman Dunn:
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Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
CITIZEN COMMENTS - None
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ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for the adoption of the consent agenda as presented. 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
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Approval of Closed Session Minutes of January 11, 2023 - CONSENT AGENDA APPROVAL
-Approval of Work Session Minutes of January 11, 2023 -CONSENT AGENDA APPROVAL
-Approval of Regular Meeting Minutes of January 11, 2023 -CONSENT AGENDA APPROVAL
-Acceptance of Parks & Recreation Commission Report of January 10, 2023 -CONSENT AGENDA
APPROVAL,Appendix 1
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BOARD OF SUPERVISORS COMMENTS
Supervisor Graber said he had advocated for a revenue-neutral tax rate and does not support
advertising the current tax rate as part of the reassessment process.
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193
COUNTY OFFICIALS
PRESENTATION OF RESOLUTION HONORING THE STATE CHAMPION JAMES WOOD
GIRLS'VOLLEYBALL TEAM
The Chairman read the Board's resolution, passed on December 14, 2022, honoring the state
champion James Wood High School Girls'Volleyball Team, and presented the coach and team with a framed
copy of the resolution.
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
RANDY CARTER APPOINTED TO PARKS AND RECREATION COMMISSION—APPROVED
On motion of Supervisor Wells, seconded by Vice Chairman Dunn, Randy Carter was appointed to
a four-year term ending 1-25-2027 on the Parks and Recreation Commission on the following recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber No Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
JAY TIBBS REAPPOINTED TO OLD DOMINION ASAP POLICY BOARD—APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Wells, Jay Tibbs was reappointed to a
three-year term ending 2-22-26 on the Old Dominion ASAP Policy Board on the following recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
JAY TIBBS REAPPOINTED TO OLD DOMINION CRIMINAL JUSTICE BOARD—APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Wells, Jay Tibbs was reappointed to a
three-year term ending 2-22-26 on the Old Dominion Criminal Justice Board on the following recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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194
COMMITTEE BUSINESS—PARKS AND RECREATION COMMISSION
OLD CHARLESTOWN ROAD PARK FINAL MASTER PLAN—ADOPTED
On motion of Supervisor Slaughter, seconded by Supervisor Wells, the Board adopted the final
master plan for the Old Charlestown Road Park on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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PUBLIC HEARINGS (NON PLANNING ISSUES)
AMENDMENT TO THE 2022-2023 FISCAL YEAR BUDGET—APPROVED
Chairman DeHaven opened the public comment period.
No one addressed the Board.
Chairman DeHaven closed the public comment period.
Supervisor Slaughter moved to approve the amendment to the 2022-2023 fiscal year budget to
reflect a general fund supplemental appropriation in the amount of $5,000,000 representing revenue from
the Virginia Department of Commerce for Construction Related Costs for the Airport Terminal Project.
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
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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Board of Supervisors Regular Meeting of January 25, 2023
County of Frederick, Virginia
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
CONDITIONAL USE PERMIT #13-22 FOR SEVEN BENDS NURSERY (JERRY SEE AND IARA
LACHER)—APPROVED
Senior Planner Tyler Klein reviewed the request for a Conditional Use Permit (CUP) for retailing
nursery stock and related products on approximately 13 acres in the RA (Rural Areas) Zoning District. He
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 Board and the Applicant, lara Lacher, discussed the hours of operation, the greenhouse
configuration, and the location of the entrance. The Applicant agreed to an additional condition restricting the
hours of operation and receiving of deliveries to 6:00 a.m. through 9:00 p.m.
Chairman DeHaven opened the public comment period.
Sharon Plummer, Back Creek District, spoke in favor of the Conditional Use Permit.
Brady Boyer, Back Creek District, spoke in favor of the Conditional Use Permit.
David Brotman, Warren County resident, spoke in favor of the Conditional Use Permit.
Susie Hertzler, Gainesboro District, spoke in favor of the Conditional Use Permit.
Chairman DeHaven closed the public comment period.
Supervisor Wells moved to approve Conditional Use Permit#13-22 for Seven Bends Nursery (Jerry
See and lara Lacher)with the additional condition regarding hours of operation stated above. 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 Aye
(Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#13-22
SEVEN BENDS NURSERY
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #13-22 submitted by Iara Lacher (Seven Bends
Nursery)and Jerry L. See, for a retailing nursery stock and related products,was considered. The Property is located
at the intersection of Town Run Lane (Route 1012) and Peace and Plenty Lane (private road) east of the Town of
Stephens City. The property is identified with Property Identification Number 85-A-134 in the Opequon Magisterial
District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on
January 4,2023 and recommended approval of the Conditional Use Permit with conditions; and,
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during
their regular meeting on January 25,2023; and
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County of Frederick, Virginia
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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#13-22 to allow for a retailing nursery
stock and related products on the parcel identified with Property Identification Number 85-A-134 is issued with the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered minor site plan, in accordance with the requirements of Article VIII of the Frederick County
Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the
establishment of the use.
3. One,non-illuminated,freestanding monument business sign is allowed with this Conditional Use Permit
that is no more than five(5) feet tall and no more than fifty(50)square feet in area.
4. Any expansion or change of use shall require a new Conditional Use Permit
5. Hours of operation for the public and deliveries is limited to 6 a.m.to 9 p.m.
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
ORDINANCE AMENDMENT-OM PARK DISTRICT—SENT FORWARD TO PUBLIC HEARING
Senior Planner Tyler Klein reviewed the proposal to amend the OM (Office-Manufacturing) Park
District to address stated concerns regarding the implementation of the zoning district, to better implement
the Economic Development Authority's(EDA)targeted industries,and to remove the link between OM District
(zoning) and the mixed-use industrial office (MUIO) land-use designation in the Comprehensive Plan. He
said this proposal includes amending the district name to "Technology-Manufacturing Park District (TM),"
adding additional permitted and secondary uses, and amending and removing required district design
standards. He added that the proposed amendment would also create a greater allowance for
warehousing/distribution type uses which are accessory to a primary use. He concluded by saying properties
zoned into the district would not be required to submit a master development plan (MDP), expediting time to
market for potential targeted industries.
Supervisor Wells and Slaughter thanked staff for their work on the proposed ordinance amendment.
Supervisor Graber moved that the proposed amendment be sent forward to public hearing.
Supervise Slaughter seconded the motion which carried on a voice vote.
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Board of Supervisors Regular Meeting of January 25, 2023
County of Frederick, Virginia
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197
BOARD LIAISON REPORTS
Supervisor Slaughter announced that the EDA has received a $7.23 million grant from the Virginia
Business Ready Sites program and noted that the EDA will highlight County eateries with the Fred Co Eats
Restaurant Week beginning on January 30.
Supervisor Slaughter said that the County has two SmartScale applications that have been included in
the VDOT staff-recommended projects adding that the County's allocation of funds toward these projects has
increased their chances of being selected for SmartScale funding.
Supervisor Ludwig read a statement from the Department of Social Services regarding evidence of
fraud affecting those receiving Supplemental Nutrition Benefits Program benefits via Electronic Benefits
Transfer cards.
CITIZEN COMMENTS - None
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber noted Supervisor Slaughter's remarks about the SmartScale Projects and called for
continued Board support for spending on transportation projects.
Supervisor Ludwig echoed support for spending on transportation projects.
Supervisor Ludwig said he wanted Shawnee constituents to know he had joined Supervisor Graber in
voting to advertise a reduced real estate property rate as part of the reassessment process.
Supervisor Ludwig congratulated the newly hired Superintendent of Frederick County Public Schools.
Supervisor Dunn noted the upcoming budget discussion saying that the County will grow in population
and there needs to be a means to pay for the expected growth.
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Board of Supervisors Regular Meeting of January 25, 2023
County of Frederick, Virginia
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ADJOURN
On motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote,
the meeting was adjourned at 7:46 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 Regular Meeting of January 25, 2023
County of Frederick, Virginia
199
Board of Supervisors Meeting Minutes of January 25, 2023 - Appendix 1
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Tuesday,January 10, 2023
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
The Parks and Recreation Commission met on January 10, 2023. Members present were Gary
Longerbeam, Natalie Gerometta, Dennis Grubbs, Ronald Madagan, Amy Strosnider, Charles
Sandy,Jr., and Jennifer Myers. Non-voting Board Liaison, Mr. Robert Wells.
Members absent: Guss Morrison
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
The Building and Grounds Committee made a motion to adopt a revised final master plan for
the Old Charlestown Road Park, seconded by Mrs. Jenny Myers, carried unanimously(7-0).
(Attachment 1).
ITEMS SUBMITTED FOR INFORMATION ONLY
1. Mr. Madagan made a motion to nominate Charles Sandy,Jr. for the position of Chair
for 2023, seconded by Mrs. Gerometta, carried unanimously (7-0).
2. Mr. Madagan made a motion to nominate Dennis Grubbs for the position of Vice-Chair
for 2023, seconded by Mrs. Strosnider, carried unanimously(7-0).
Cc: Gary Longerbeam, Chairman
Robert Wells, Board of Supervisors' Non-Voting Liaison
Minute Book 48
Board of Supervisors Regular Meeting of January 25, 2023
County of Frederick, Virginia