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May 10 2023 Regular Meeting Minutes 312 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 10, 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; Robert W. Wells; Judith McCann- Slaughter; Shawn L. Graber; Josh E. Ludwig; and Heather H. Lockridge were present. Blaine P. Dunn, Vice Chairman, was absent. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; Tyler Klein, Senior Planner; Stacy Herbaugh, Director of Parks and Recreation; 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 of Fellowship Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Chairman DeHaven said he had received a request from Vice Chairman Dunn to postpone the discussion of the agenda item regarding the Board members' salaries. The proposed agenda was adopted on a motion by Supervisor Slaughter, seconded by Supervisor Graber, which carried on a recorded vote as follows: Blaine P. Dunn Absent Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Minute Book 48 Board of Supervisors Regular Meeting of May 10, 2023 County of Frederick, Virginia 313 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye CITIZEN COMMENTS Matt Shaffer, Back Creek District,spoke in favor of Middletown's proposed boundary line adjustment. 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 Absent Josh E. Ludwig Aye Shawn L. Graber Aye Robert W.Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Special Meeting Minutes of April 19, 2023 -CONSENT AGENDA APPROVAL -Approval of Closed Session &Regular Meeting Minutes of April 26, 2023 -CONSENT AGENDA APPROVAL -Acceptance of Transportation Committee Report of April 24, 2023 -CONSENT AGENDA APPROVAL, Appendix 1 -Authorization to Set a Public Hearing for an Ordinance to Designate the In-person Absentee/Early Voting Location Effective September 1, 2023 -CONSENT AGENDAAPPROVAL - Resolution -Additions to the Secondary System of State Highways—The Farms at Frog Hollow- Marion Drive-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. Minute Book 48 Board of Supervisors Regular Meeting of May 10,2023 County of Frederick, Virginia 314 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked Matt Shaffer for his remarks on the Middletown boundary line adjustment. He discussed the recently adopted budget and warned of possible future tax increases. COUNTY OFFICIALS— None APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS ZACH FRANZ APPOINTED TO PARKS AND RECREATION COMMISSION -APPROVED Supervisor Slaughter moved that Zach Franz be appointed to fill an unexpired term ending September 14, 2024, on the Parks and Recreation Commission. Supervisor Lockridge seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Absent Josh E. Ludwig Aye Shawn L. Graber No Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye COMMITTEE BUSINESS - None + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) ORDINANCE—SALARIES OF THE BOARD OF SUPERVISORS (FY 2023-2024)—APPROVED Chairman DeHaven opened the public hearing. No one wished to address the Board. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved that the Board set the FY 2023-2024 Board Salaries at the current rates as follows: Chairman, $10,800; Vice Chairman, $10,200; and Each Other Member of the Board of Minute Book 48 Board of Supervisors Regular Meeting of May 10, 2023 County of Frederick, Virginia 315 Supervisors at$9,000. Supervisor Graber seconded the motion which carried on the following recorded vote: Blaine P. Dunn Absent Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE SALARIES OF BOARD OF SUPERVISORS FISCAL YEAR 2023-2024 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for fiscal year beginning July 1,2023, shall be as follows: Chairman, $10,800;Vice Chairman, $10,200; and Each Other Member of the Board of Supervisors at$9,000. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—REVISION TO CHAPTER 165—ZONING TO AMEND THE SIGN ORDINANCE AND RELATED SECTIONS.-APPROVED Senior Planner Tyler Klein reviewed the proposal which would modify the signs ordinance to be compliant with the Supreme Court's ruling in the matter of Reed vs. Town of Gilbert. He said that the proposed changes ensure a content-neutral approach to sign regulations and protection of First Amendment rights to free speech. He said that many of the sign standards (size, height, number, location) currently included in the ordinance remain unchanged, however, the section is reorganized, new sign definitions are proposed, and other sections of the ordinance are amended where signs are referenced. Mr. Klein continued saying that signs permitted are also removed from the various zoning district sections of the Zoning Ordinance for consistency, and he explained the specific changes to the sign ordinance standards for certain sign categories beyond those general changes for content-neutral sign regulations. Supervisor Ludwig and Mr. Klein discussed electronic signs and the Planning Commission's debate on the proposed amendment. Chairman DeHaven opened the public hearing. No one wished to address the Board. Chairman DeHaven closed the public hearing. Supervisor Graber moved that the Board adopt the Ordinance Amendment to the Frederick County Minute Book 48 Board of Supervisors Regular Meeting of May 10, 2023 County of Frederick, Virginia 316 Code—Revision To Chapter 165—Zoning To Amend The Sign Ordinance And Related Sections. Supervisor Ludwig seconded the motion. Supervisors Graber and Ludwig voiced support for the amendment. The motion carried on the following recorded vote: Blaine P. Dunn Absent Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE REGARDING CHAPTER 165,ZONING ORDINANCE CHAPTER 165-ZONING ARTICLE I General Provisions,Amendments,and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions&word usage. ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part 201 —Supplementary Use Regulations §165-201.06 Signs. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 -RA Rural Areas District §165-401.02.Permitted uses. Part 402—RP Residential Performance District §165-402.02.Permitted uses. Part 403—MH1 Mobile Home Community District §165-403.02.Permitted uses. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 504—MS Medical Support District §165-504.08. Sign Regulations. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 602-B1 Neighborhood Business District, §165-602.02.Allowed uses. Part 603—B2 General Business District §165-603.02.Allowed uses. Part 604—B3 Industrial Transition District §165-604.02.Allowed uses. Part 606-Ml Light Industrial District §165-606.02.Allowed uses. Part 607-M2 Industrial General District Minute Book 48 Board of Supervisors Regular Meeting of May 10, 2023 County of Frederick, Virginia 317 §165-607.02.Allowed uses. Part 608—EM Extractive Manufacturing District §165-608.02. Permitted uses. Part 609—HE Higher Education District §165-609.02.Permitted uses. WHEREAS, a proposal to amend Chapter 165 — Zoning Ordinance to modify signs regulations, to ensure a content- neutral regulatory approach,was considered; and WHEREAS, the proposed amendment maintains many of the sign standards (size, height, number, location) currently permitted,reorganizes the section, and includes new sign definitions; and WHEREAS, the proposed amendment adds a new"Multi-Tenant Frontage Signs" sign type, increases the allowance for electronic signs and permits electronic signs in the RA(Rural Areas)Zoning District, codifies the maximum sign area for allowed uses the RA Zoning District; and WHEREAS,the Frederick County Planning Commission held a public hearing on the ordinance amendment on April 19,2023, and was unable to reach a majority vote on a recommendation regarding the ordinance amendment; and WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on May 10,2023 and; WHEREAS,the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health,safety,welfare and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 — Zoning Ordinance is amended to implement various changes to regarding the regulation of signs, as shown in the attached, and ensure content neutral regulations,and is hereby adopted. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS 2023-2028 CAPITAL IMPROVEMENTS PLAN (CIP)—SENT FORWARD TO PUBLIC HEARING Planning Director Pearson reviewed the Capital Improvements Plan's background, timeline, and components. He said Staff was seeking authorization from the Board of Supervisors to schedule a public hearing. Supervisor Graber presented information on school capacity, the cost to renovate Broadway High School in Rockingham County, and projected costs to renovate Sherando High School. He said renovations at Sherando and the one currently underway at James Wood High School would address the capacity issues without the need for a fourth high school in the County. He moved to send the proposed CIP forward to a public hearing with the following changes: elimination of the fourth high school,the Sherando renovation, the Minute Book 48 Board of Supervisors Regular Meeting of May 10,2023 County of Frederick, Virginia 318 ice rink, and the aquatic center, and the addition of $30,000,000 each for expansion/renovation projects at Millbrook and Sherando High Schools. Supervisor Ludwig seconded the motion. Supervisor Ludwig presented information on school capacity and projections of future enrollment. He cited the need for better projection numbers to plan for school expansion needs. Supervisor Slaughter said she appreciated the work on the CIP and was ready to see the plan sent to a public hearing in order to hear from the public about the fourth high school. Supervisor Lockridge agreed with Supervisor Ludwig that better projection numbers are needed. Supervisors Graber and Ludwig expressed thanks to Superintendent Hummer for his work on the school capacity and enrollment issue. Supervisor Wells said he had not yet heard from Dr. Hummer but that he wanted to hear from the public about the CIP at the public hearing. The motion to send the proposed CIP forward to a public hearing with the amendments proposed by Supervisor Graber carried as follows on a recorded vote: Blaine P. Dunn Absent Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye MIDDLETOWN BOUNDARY LINE ADJUSTMENT REQUEST — SENT FORWARD TO PUBLIC HEARING Director of Planning and Community Development Wyatt Pearson reviewed the request from the Town of Middletown to initiate a Boundary Line Adjustment by Agreement (Friendly Boundary Line Adjustment) for two parcels south of the current town limits. He noted that as outlined by the §15.2-3106 of the Code of Virginia, the boundary line between two or more localities may be relocated through an agreement by the affected localities. He said that before adopting such an agreement, each locality must advertise notice of its intention to approve a boundary line agreement and serve notice of the proposed agreement on the affected property owners, and each locality must conduct a public hearing. He continued by saying that once the voluntary boundary line agreement has been adopted by each locality, they must petition the circuit court to approve the adjustment. Supervisor Graber noted that Mayor Harbaugh of Middletown and the business owners of the two properties in question were all in favor of the boundary line adjustment. He moved to direct staff to move Minute Book 48 Board of Supervisors Regular Meeting of May 10, 2023 County of Frederick, Virginia 319 forward and to coordinate with Middletown to schedule a public hearing and provide notice on the requested boundary line adjustment by agreement. Supervisor Wells seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Absent Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Brad Pollack of Shenandoah County discussed Frederick County's budget. Robert Gallalee, Back Creek District, discussed the proposed Capital Improvements Plan saying he was opposed to the ice rink, aquatic center, and three libraries. He said Frederick County outspends its neighbors. Jodi Yeggy, Red Bud District, cited her experience as a data analyst and referenced the school enrollment projections presented by Supervisor Ludwig. She said the method of projecting growth was incorrect. BOARD OF SUPERVISORS COMMENTS Supervisor Wells referenced the complaints he is hearing from residents about Glofiber and Verizon as they continue utility work. Supervisor Graber said he is told that he is wrong both when he uses his own numbers for school projections and when he uses numbers from the schools. Supervisor Ludwig explained his method for projecting enrollment. He discussed the adopted budget saying he had preferred a scenario other than the one adopted by the Board. Minute Book 48 Board of Supervisors Regular Meeting of May 10, 2023 County of Frederick, Virginia 320 ADJOURN On motion of Supervisor Wells, seconded by Supervisor Graber, and carrying on a voice vote, the meeting was adjourned at 8:12 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 May 10, 2023 County of Frederick, Virginia 321 Board of Supervisors Meeting Minutes of May 10, 2023 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, April 24, 2023 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present:Judith McCann-Slaughter Chairman (Voting), Gary Oates (Voting), Shontya Washington (Voting) and Kevin Kenney (Voting). Committee Members Absent: Charles DeHaven,Jr. (Voting),Josh Ludwig(Voting) and Lewis Boyer(Liaison Stephens City). Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS FOR INFORMATION ONLY: Interstate,Primary and Secondary Road Plan Update: Upon a motion by Gary Oates, and seconded by Shontya Washington, the Committee recommends that the Board approve the 2023-2024 Interstate, Primary and Secondary Improvement Plan as presented. The Interstate Road Improvement Plan Priorities will be unchanged from the previous year as well as the Primary Road Improvement Plan.The Secondary Road Improvement Plan includes the Major Road Improvements which will be unchanged with the Red Bud Road and Renaissance Drive projects. The Non- Hardsurface Road Improvement projects include the East Parkins Mill, Fletcher, Fishel, and Canterburg Roads that had been on the previous list and have not been completed so they will stay on the list and move to the top along with Clarke,South Timber Ridge, Heishman and Glaize Orchard Ridge Roads to be added and no additions to the Unscheduled list. This item will be coming to the Board after it has been to the Planning Commission. County Project Updates: Renaissance Drive: Staff will be attending a Finance Committee meeting in May to request a supplemental appropriation to move to the construction phase of this project (previously only the design phase was appropriated). The Committee will be updated on the outcome. Gainesboro Road/Route 522 Intersection Project:The County's consultant is making modifications to the study in preparation for the Staunton District intersection design committee to review. Route 37 Study: The County's consultant is currently in the process of gathering background and field data as well as beginning to work on the regional model. Other: CTB Spring Public Meeting will take place on May 3, 2023, at Blue Ridge Community College at 4:00 p.m. Staff will be attending. Minute Book 48 Board of Supervisors Regular Meeting of May 10,2023 County of Frederick, Virginia