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HomeMy WebLinkAboutFebruary 8 2023 Regular Meeting Minutes 206 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 8, 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; Shawn L. Graber; and Josh E. Ludwig were present. 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; Mark Cheran, Zoning & Subdivision Administrator; 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 Mark Carey, Fellowship Bible Church, 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 voice vote on a motion by Supervisor Slaughter seconded by Supervisor Graber. CITIZEN COMMENTS - None + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of February 8, 2023 County of Frederick, Virginia 207 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for the adoption of the consent agenda as presented. Supervisor Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Minutes of Work Session & Regular Meetings of January 25, 2023 -CONSENT AGENDA APPROVAL -Approval of Minutes of Budget Work Session of February 1, 2023 - CONSENT AGENDA APPROVAL -Acceptance of the Transportation Committee Report of January 23, 2023 - CONSENT AGENDA APPROVAL,Appendix 1 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None + + + + + + + + + + + + + + COUNTY OFFICIALS CLARIFICATION REGARDING: ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 48 ANIMALS AND FOWL, ARTICLE I DOG LICENSING; RABIES CONTROL. — STAFF DIRECTED TO BRING A DRAFT REVISION TO UPDATE PROVISIONS TO COMPORT WITH STATE ENABLING LEGISLATION County Administrator Michael Bollhoefer asked for clarification of the Board's intent regarding the recently discussed amendment to Chapter 48. Supervisor Slaughter moved that the Board direct that staff bring a draft amendment to the Board at a future meeting for consideration with said draft to include revisions to comport with state law and assist with enforcement regarding dogs at large. The motion was seconded by Vice Chairman Dunn and carried on a voice vote. + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None Minute Book 48 Board of Supervisors Regular Meeting of February 8, 2023 County of Frederick, Virginia + + + + + + + + + + + + + + 208 COMMITTEE BUSINESS—TRANSPORTATION COMMITTEE STAFF AUTHORIZED TO PROCEED WITH THE ROUTE 37 STUDY On motion of Supervisor Wells, seconded by Supervisor Slaughter, the Board authorized staff to proceed with the Route 37 Study with a not to exceed amount of$380,000. 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 (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS ESTABLISHMENT OF NEW AGRICULTURAL AND FORESTAL DISTRICTS: LONG CREEK FARM; NORTH FREDERICK; AND WHITE HALL; AND INCREASE TO THE SOUTH TIMBER RIDGE AGRICULTURAL AND FORESTAL DISTRICT—APPROVED Mark R. Cheran, Zoning Administrator, reviewed the proposed establishment of three new agricultural and forestal districts and the enlargement of the South Timber Ridge Agricultural and Forestal District. Vice Chairman Dunn and Mr. Cheran discussed the Transfer of Development Rights Program as it relates to land placed in Agricultural and Forestal Districts. Chairman DeHaven opened the public comment period for the proposed Long Creek Farm Agricultural and Forestal District. There were no speakers. Chairman DeHaven closed the public comment period. Minute Book 48 Board of Supervisors Regular Meeting of February 8, 2023 County of Frederick, Virginia 209 Supervisor Graber moved to approve the Establishment of the Long Creek Farm Agricultural and Forestal District. Supervisor Wells seconded the motion. Vice Chairman Dunn moved to amend the motion to delay action until the costs associated with the Transfer of Development Rights program can be addressed. The motion died for lack of a second. The motion establishing the Long Creek Farm Agricultural and Forestal District carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ESTABLISHMENT OF THE LONG CREEK FARM AGRICULTURAL&FORESTAL DISTRICT WHEREAS,Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the Long Creek Farm Agricultural & Forestal District that would consist of 1,077.39+/- acres, was considered. The properties are generally located 1/2 mile west of the intersection of Shady Elm Road(Route 65 1)and Springdale Road(Route 649)and are identified by Property Identification Numbers 62-A-35, 61-A-133, 61-A-132, 62-A-40,74-A-5,74-A-47,74-A-47A,74-A-48,74-A-51,74-A-52,74-A-53,74-A-65,74-A-66 and 74-A-75A in the Back Creek Magisterial District;and WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this request at their meeting on December 6,2022 and recommended approval;and WHEREAS, the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new Long Creek Farm Agricultural&Forestal District on January 18,2023;and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new Long Creek Farm Agricultural&Forestal District on February 8,2023;and WHEREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new Long Creek Farm Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the Long Creek Farm Agricultural & Forestal District consisting of 1,077.39+/-acres in the Back Creek Magisterial District,with an expiration and renewal date of September 9,2025. This Agricultural&Forestal District is as described on the attached map. Chairman DeHaven opened the public comment period for the proposed North Frederick Agricultural and Forestal District. There were no speakers. Minute Book 48 Board of Supervisors Regular Meeting of February 8, 2023 County of Frederick, Virginia 210 Chairman DeHaven closed the public comment period. Supervisor Graber moved to approve the Establishment of the North Frederick Agricultural and Forestal District. Supervisor Slaughter seconded the motion. Vice Chairman Dunn moved to amend the motion to delay action until the costs associated with the Transfer of Development Rights program can be addressed. The motion died for lack of a second. The Board members discussed the Transfer of Development Rights program and the desire to assist rural landowners without increasing costs to the County elsewhere. The motion establishing the North Frederick Agricultural and Forestal District carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W.Wells Aye (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ESTABLISHMENT OF THE NORTH FREDERICK AGRICULTURAL&FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the North Frederick Agricultural&Forestal District that would consist of 1,961.86+/-acres,was considered. The properties are generally located 2.5 miles west of the intersection of North Frederick Pike (Route 522) along North Sleepy Creek Road(Route 734) and Bloomery Pike (Route 127) and are identified by Property Identification Numbers 03-A-4, 03-A-27, 05-1-3, 05-1-3A, 05-1-4,05-A-5,05-A-6, 05-A-10, 10-A-15,06-A-10,06-A-IOB, 10-A- 1, 10-A-31, 10-A-31A and 10-A-31B in the Gainesboro Magisterial District; and WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this request at their meeting on December 6,2022 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new North Frederick Agricultural&Forestal District on January 18,2023; and WHEREAS, the Board of Supervisors held a public hearing for the creation and establishment of the new North Frederick Agricultural&Forestal District on February 8,2023; and WHEREAS, the Frederick County Board of Supervisors finds the creation and establishment of this new North Frederick Agricultural&Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the North Frederick Agricultural&Forestal District consisting of 1,961.86+/-acres in the Gainesboro Magisterial District,with an expiration and renewal date of September 9,2025. This Agricultural&Forestal District is as described on the attached map. Minute Book 48 Board of Supervisors Regular Meeting of February 8,2023 County of Frederick, Virginia 211 Chairman DeHaven opened the public comment period for the proposed White Hall Agricultural and Forestal District. There were no speakers. Chairman DeHaven closed the public comment period. Supervisor Graber moved to approve the Establishment of the White Hall Agricultural and Forestal District. Supervisor Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W.Wells Aye (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ESTABLISHMENT OF THE WHITE HALL AGRICULTURAL&FORESTAL DISTRICT WHEREAS, Frederick County received a request to create and establish a new Agricultural and Forestal District to be named the White Hall Agricultural&Forestal District that would consist of 974.30+/-acres,was considered. The properties are generally located Wright Road(Route. 66 1) and Apple Pie Ridge Road(Route 739) and are identified by Property Identification Numbers 22-A-58, 22-A-63, 22-A-64, 22-A-65, 23-A-3, 23-A-4 and 32-A-68A in the Gainesboro Magisterial District; and WHEREAS, The Agricultural District Advisory Committee (ADAC) discussed this request at their meeting on December 6,2022 and recommended approval; and WHEREAS, the Planning Commission held a public hearing and recommended approval of the creation and establishment of the new White Hall Agricultural&Forestal District on January 18,2023;and WHEREAS,the Board of Supervisors held a public hearing for the creation and establishment of the new White Hall Agricultural&Forestal District on February 8,2023; and WHEREAS,the Frederick County Board of Supervisors finds the creation and establishment of this new White Hall Agricultural & Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby creates and establishes the White Hall Agricultural & Forestal District consisting of 974.30+/-acres in the Gainesboro Magisterial District, with an expiration and renewal date of September 9,2025. This Agricultural&Forestal District is as described on the attached map. Chairman DeHaven opened the public comment period for the proposed increase to the South Timber Ridge Agricultural and Forestal District. There were no speakers. Chairman DeHaven closed the public comment period. Minute Book 48 Board of Supervisors Regular Meeting of February 8,2023 County of Frederick, Virginia 212 Supervisor Graber moved to approve the increase to the South Timber Ridge Agricultural and Forestal District Supervisor Wells seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye (Gainesboro Seat Vacant) - Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ADDITION TO THE SOUTH TIMBER RIDGE AGRICULTURAL&FORESTAL DISTRICT WHEREAS,an addition to the 2020-2025 South Timber Ridge Agricultural&Forestal District was considered. CKW Rentals,LLC.desire to add six(6)parcels identified by Property Identification Numbers 37-A-47,37-A-58,37-A-59, 37-A-60,37-A-63,and 37-A-65 to the South Timber Ridge Agricultural&Forestal District located in the Gainesboro Magisterial District;and WHEREAS, The Agricultural District Advisory Committee (ADAC) reviewed the request and recommended approval of this addition on December 6,2022;and WHEREAS,the Planning Commission held a public hearing on this addition to the 2020-2025 South Timber Ridge Agricultural&Forestal District on January 18,2023 and recommended approval of this addition;and WHEREAS, the Board of Supervisors held a public hearing on this addition finds the additions to the 2020-2025 South Timber Ridge District on February 8,2023;and WHEREAS, the Frederick County Board of Supervisors finds the addition to the 2020-2025 South Timber Ridge Agricultural &Forestal District contributes to the conservation and preservation of agricultural and forestal land in Frederick County; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby adopts the addition to the 2020-2025 South Timber Ridge Agricultural & Forestal District of 189.86+/- acres in the Gainesboro Magisterial District, with the expiration of September 9, 2025. The Agricultural & Forestal District is as described on the attached map dated December 12, 2022 and the attached property owner table dated December 12,2022. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Ludwig announced that February is Benefits Program Workers Appreciation Month. Minute Book 48 Board of Supervisors Regular Meeting of February 8, 2023 County of Frederick, Virginia 213 CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS Vice Chairman Dunn commented on the previous evening's Republican Committee firehouse primary event saying he was disappointed to hear that the losing candidate had been disparaged. Supervisor Ludwig commented that the comment referenced by Vice Chairman Dunn had been misheard. Supervisor Graber noted that he has advocated for keeping taxes low and had not been in favor of printing the advertisement regarding the reassessment and tax rates. ADJOURN On motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote, the meeting was adjourned at 7:38 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 February 8, 2023 County of Frederick, Virginia 214 Board of Supervisors Meeting Minutes of February 8, 2023 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday,January 23, 2023 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven,Jr. (Voting), Kevin Kenney(Voting),Shontya Washington(Voting), Lewis Boyer (Liaison Stephens City) and Josh Ludwig (Voting), participated remotely Committee Members Absent: Gary Oates(Voting) Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: Route 37 Study Update: Staff shared the draft project study scope outline with the committee and reported the expected cost to the committee. The project before the bid was estimated around $250,000 it is now trending more towards $380,000. The increase is from the public input and the modeling efforts. Staff reported that the$380,000 is a not to exceed number and that staff will work to identify items where internal efforts could help reduce costs. Upon a motion by, Charles DeHaven, Jr., seconded by Kevin Kenney the Committee recommended that the Board of Supervisors authorize staff to proceed. ITEMS FOR INFORMATION ONLY: Gainesboro Road at Route 522 Intersection Update: Staff gave an update from the Timmons Group on the draft signal justification report as well as VDOT's comments. As expected, VDOT is not currently accepting of the idea of a signal as the solution and has requested other updates to the study as well. Staff will be moving forward with more information at the next meeting. Frederick County Middle School/Gainesboro Elementary School Access:The school division has a prepared draft access plan from ZMM Architects and Engineer. Bill Shelton,Civil Engineer with the company gave a presentation of the draft for the intersection improvements in the entrance area of the schools. Concerns were noted that the on-site layout could lead to unintended bottlenecks. County Project Updates: Renaissance Drive: The project was put out for advertisement on November 15th. The decision was recently made to extent the bid window through the end of the month. Bid opening is scheduled for January 31, 2023. Other: Staff updated the Committee on Smartscale. Staff recommendations scores came out last week. Exit 317 NB ramp realignment to Redbud Road and 522/Costello Drive turn lane/intersection improvements and have been recommended for funding. Minute Book 48 Board of Supervisors Regular Meeting of February 8,2023 County of Frederick, Virginia