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June 14 2023 Closed Session and Regular Meeting Minutes 339 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 14, 2023 5:00 P.M. and 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; Judith McCann-Slaughter; Shawn L. Graber; Josh E. Ludwig; and Heather H. Lockridge were present. Robert W. Wells who was traveling in Fort Lewis, Virginia, was not present but joined the meeting remotely at 7:00 p.m. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning; Tyler Klein, Senior Planner; Patrick Barker, EDA Executive Director; 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 5:00 p.m. CLOSED SESSION All Board members were in attendance except Supervisor Wells. Vice Chairman Dunn moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code § 2.2- 3711(A)(5) for discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating its facilities in the community, and Virginia Code Section 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney and the county administrator. Supervisor Slaughter seconded the motion which carried on a voice vote. At 6:31 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 340 motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote. Vice Chairman Dunn moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Slaughter seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Absent Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RECESS At 6:32 p.m. the meeting was recessed until 7:00 p.m. REGULAR MEETING CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Pastor Samuel Rogers of Hope Valley Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Dunn led the Pledge of Allegiance. REMOTE PARTICIPATION APPROVED Vice Chairman Dunn moved for approval of remote participation by Robert Wells who was currently traveling in Fort Lewis, Virginia. Supervisor Slaughter seconded the motion which carried on a voice vote. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a motion by Supervisor Slaughter, seconded by Supervisor Graber, which carried on a voice vote. Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 341 CITIZEN COMMENTS Robert Gallalee, Back Creek District, spoke in opposition to the regulation of shipping containers on private property. Jerry Rowell, Gainesboro District, asked that Glaize Road be moved up on the priority list for paving and noted the traffic on this road has increased. Unidentified Colonial Reenactor spoke in opposition to electronic voting methods. Brian Nuri, Opequon District, made a rebuttal to the previous speaker citing the validity of electronic voting methods. 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 voice vote. -Approval of Work Session Minutes of May 24, 2023 - CONSENT AGENDA APPROVAL -Approval of Regular Meeting Minutes of May 24, 2023 - CONSENT AGENDA APPROVAL -Acceptance of Transportation Committee Report of May 22, 2023 - CONSENT AGENDA APPROVAL, Appendix 1 - Request to Schedule a Public Hearing on Award of a Cable Television Franchise to Shenandoah Cable Televison, LLC - CONSENT AGENDA APPROVAL -Approval of Road Name Change Request: Timber Ridge School, owned by Leary Educational Foundation Inc, requests a road name change on their property, identified by PIN 6-A-18, from Quinnelly Dr. to Partlow PI -CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber referenced recently received correspondence from the County Attorney regarding the Board's earlier request about funding private schools and assisting with tuition for private education. He said he would support a closed session for further discussion of the matter. COUNTY OFFICIALS - None Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 342 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 7 ELECTIONS, ARTICLE I MAGISTERIAL DISTRICTS, SECTION 7-3 CENTRAL ABSENTEE VOTING PRECINCT.-ADOPTED County Attorney Williams noted the scheduled summer completion of the new space for the Office of Elections/Voter Registrar at Sunnyside Plaza and reviewed the proposed amendment to Section 7-3 of the County Code, to designate that location as the polling place for in-person absentee/early voting. He said the proposed effective date of the amendment is September 1, 2023, meaning that the absentee/early voting location for the June 2023 primary election will be the existing space at the County Administration Building at 107 North Kent Street, with the new location being operational for in-person absentee/early voting for the November 2023 regular general election. Chairman DeHaven opened the public comment period. The speakers were as follows: Brian Nuri, Opequon District, spoke in support of early voting as a valuable community service. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved that the Board adopt the ordinance amending Section 7-3 (Central Absentee/Early Voting Precinct) of Article I (Magisterial Districts) of Chapter 7 (Elections). Supervisor Lockridge seconded the motion. At Supervisor Graber's request, County Attorney Williams confirmed that the county must offer early voting per state code. At Supervisor Ludwig's request, County Attorney Williams confirmed that early voting would occur only at the Sunnyside location. The motion carried on the following recorded vote: 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 June 14, 2023 County of Frederick, Virginia 343 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE June 14,2023 The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 7-3 (Central Absentee Voting Precinct)of Article I(Magisterial Districts) of Chapter 7 (Elections) of the Code of Frederick County,Virginia be, and the same hereby is, amended by enacting an amended Section 7-3 (Central Absentee/Early Voting Precinct)of Article I(Magisterial Districts) of Chapter 7 (Elections) of the Code of Frederick County,Virginia, as follows, effective September 1,2023 (deletions shown intFaa and additions shown in bold underline): CHAPTER 7 Elections ARTICLE I Magisterial Districts §7-3 Central Absentee/Early Voting Precinct. The Central Absentee/Early Voting Precinct for all elections is to be held at 10-:7 Ne-44h Yost StF@et(G@HH,., ; =, at 241 24� 343 Sunnyside Plaza Drive nn S„f iyside P az-a4 Winchester,Virginia. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS UPDATE OF THE 2023-2024 FREDERICK COUNTY INTERSTATE, PRIMARY, AND SECONDARY ROAD PLANS—APPROVED John Bishop, Assistant Director of Planning, introduced the draft update of the 2023-2024 Frederick County Primary and Interstate and Secondary Road Improvement Plans. The Board and Mr. Bishop discussed the County's Smartscale-funded projects, the status of the Route 37 extension, the scoring method for prioritizing unpaved roads for paving, and how citizens can get road segments on the paving list. Chairman DeHaven opened the public hearing. Robert Green, Back Creek District, noted that the intersection of Rt. 37 and U.S. Route 11 is very dangerous. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved to adopt the resolutions for the Interstate, Primary and Secondary plans as presented. Supervisor Graber seconded the motion. Supervisors Graber and Ludwig spoke in support of the Board's continued funding of road projects Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 344 in the County. 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 Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION 2023-2024 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on April 24,2023;and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 17,2023;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List;and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2023-2024 Interstate Road Improvement Plan and the Construction Priority List;and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the interstate road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2023-2024 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2023-2024 Interstate Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on June 14,2023. RESOLUTION 2023-2024 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on April 24,2023;and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 17,2023;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List;and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2023—2024 Primary Road Improvement Plan and the Construction Priority List;and, Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 345 WHEREAS, the Frederick County Board of Supervisors support the priorities of the primary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2023-2024 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore,the Frederick County Board of Supervisors hereby approves the 2023-2024 Primary Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on June 14,2023. RESOLUTION 2023-2024 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS,Section 33.2-331 of the 1950 Code of Virginia,as amended,provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six-Year Road Plan;and, WHEREAS,the Frederick County Transportation Committee recommended approval of this plan on April 24,2023;and, WHEREAS,the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on May 17,2023;and, WHEREAS,the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation's policies and procedures and participated in a public hearing on the proposed Plan,after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List;and, WHEREAS,a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2023—2024 Secondary Road Improvement Plan and the Construction Priority List;and, WHEREAS,the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2023-2024 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County;and therefore,the Frederick County Board of Supervisors hereby approves the 2023-2024 Secondary Road Improvement Plan and Construction Priority List for Frederick County,Virginia as presented at the public hearing held on June 14,2023. + + + + + + + + + + + + + + 2023-2028 CAPITAL IMPROVEMENTS PLAN (CIP)—ADOPTED Planning Director Pearson reviewed the Capital Improvements Plan's background, timeline, and components, noting the changes requested by the Board prior to the public hearing being scheduled. Chairman DeHaven opened the public comment period. Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 346 The speakers were as follows: John Jewell, Back Creek District, noted the growth in the County citing school capacity. He urged the Board to keep the fourth high school on the CIP. John Butler, Opequon District, spoke in opposition to the items being removed from the draft CIP at the May 10 Board meeting. He said removing the fourth high school from the CIP will cost the taxpayers more in the long run. He urged the Board to return those items that were removed from the CIP. Richard Kennedy, Shawnee District, noted the County's fast population growth, saying the fourth high school is needed. He said that school renovation projects have costs other than just construction. Lora Jarrell, Opequon District, asked the Board to return the fourth high school to the CIP noting that this was not a binding financial obligation. Sonia Marfatia-Goode, Back Creek District, said the County is growing so the schools, fire and rescue, and the sheriff's department should grow also. She noted the land for the fourth high school was already purchased by the County and it should be built. Chairman DeHaven closed the public comment period. Supervisor Slaughter moved that the Board adopt the draft 2023-2028 Capital Improvements Plan with the following additions: the fourth high school, the Sherando renovation as listed in the version of the plan presented to the Board at the May 10 meeting of the Board of Supervisors, and the aquatics center and ice rink facility. Supervisor Wells seconded the motion. Supervisor Graber discussed the CIP and the budget process saying he did not support the additions to the CIP as proposed in the motion. Supervisor Ludwig discussed the need for accurate school enrollment numbers before deciding how to address school capacity. He questioned adding both the fourth high school and the $125 million renovation to the CIP. Supervisor Graber moved to amend the motion by removing the $125 million Sherando renovation and the fourth high school and adding $30 million renovations at both Sherando and Millbrook High Schools. Supervisor Ludwig seconded the motion. Vice Chairman Dunn, Supervisor Ludwig, and Planning Director Pearson discussed the CIP not binding the Board to expending funds and the CIP not being a specific five-year plan. Vice Chairman Dunn discussed the budget process highlighting school expenditures. He reviewed the question of school capacity and said he wished to see the fourth high school on the CIP. Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 347 Supervisor Lockridge said better numbers were needed before deciding on how school capacity should be addressed. The motion to amend failed on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells No Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Ludwig said the Sherando renovation is not slated for ten years and should not be in the CIP with the fourth high school. Supervisor Graber agreed calling the inclusion reckless and irresponsible. At Supervisor Slaughter's request, Planning Director Pearson confirmed that the CIP does not commit the Board to actual funding for any projects. Supervisor Slaughter's main motion to adopt the CIP with amendments carried on the following recorded vote: Blaine P. Dunn Aye Josh E. Ludwig No Shawn L. Graber No Robert W. Wells Aye Heather H. Lockridge No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RESOLUTION 2023 -2028 CAPITAL IMPROVEMENTS PLAN(CIP) WHEREAS the Frederick County Comprehensive Plans and Programs Committee(CPPC)discussed the 2023-2028 Capital Improvements Plan(CIP) at their regular meeting on February 13,2023. The CPPC recommended approval of the CIP and affirmed that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS the Frederick County Planning Commission discussed the 2023-2028 CIP at their regular meeting on February 15,2023, and recommended approval of the CIP affirming that the projects contained within the CIP are in conformance with the Comprehensive Plan; and, WHEREAS,the Frederick County Board of Supervisors discussed the CIP at their regular meetings on February 22, 2023, and April 26, 2023, and made amendments to the CIP and forwarded the CIP for public hearing at their meeting of May 10,2023; and WHEREAS, the Frederick County Board of Supervisors made additional amendments to remove, add, and modify projects in the CIP on June 14`h, 2023, and supports the priorities shown in the 2023-2028 CIP, affirming the determination of the Planning Commission that the projects contained in the CIP conform to the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby approves the 2023-2028 CIP for Frederick County,Virginia,as an element of the Comprehensive Plan. + + + + + + + + + + + + + + Minute Book 48 Board of Supervisors Regular Meeting of June 14,2023 County of Frederick, Virginia 348 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS ORDINANCE AMENDMENT: SHIPPING CONTAINERS— NO ACTION Senior Planner Tyler Klein reviewed the proposal to allow shipping containers (i.e., prefabricated, durable steel intermodal shipping boxes) as an accessory structure/storage in the RA (Rural Areas) Zoning District. He said shipping containers would be also expressly prohibited as an accessory structure/storage in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), and MH1 (Mobile Home Community) Zoning Districts, and that containers used as storage in the RA district would also need to meet applicable setback requirements for accessory structures (15-feet from the side/rear property lines). The Board and Mr. Klein discussed screening and setbacks for shipping containers on private property, zoning violations involving shipping containers, the use of a modified shipping container as a bus stop, the desire not to over-regulate uses on private property, possible restrictions on acreage for parcels permitted for using shipping containers, and differences in residential zones proposed for allowing shipping container use. + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Amy Schaffert, Back Creek District, discussed possible uses for the old Aylor Middle School building. BOARD OF SUPERVISORS COMMENTS Vice Chairman Dunn discussed Juneteenth, Flag Day, and the upcoming primary election day. Supervisor Ludwig noted his disappointment that the Board approves unrealistic budgets and plans, saying the adopted budget for the coming year includes deficit spending. Supervisor Graber discussed the upcoming primary election day. Vice Chairman Dunn discussed finding options to help the current fiscal situation including his advocacy for impact fees. Minute Book 48 Board of Supervisors Regular Meeting of June 14, 2023 County of Frederick, Virginia 349 ADJOURN On motion of Vice Chairman Dunn, seconded by Supervisor Graber, and carrying on a voice vote, the meeting was adjourned at 9:18 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 June 14, 2023 County of Frederick, Virginia 350 Board of Supervisors Meeting Minutes of June 14, 2023 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, May 22, 2023 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), Charles DeHaven, Jr. (Voting), Josh Ludwig (Voting), Shontya Washington (Voting) and Kevin Kenney(Voting). Committee Members Absent: Gary Oates (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: Revenue Sharing and Transportation Alternatives Program Applications: Staff gave an overview of the project candidates that are under development for the pre-application stage. The Revenue Sharing application project is for the widening of Route 11 south of Shawnee Drive.This will require widening the box culvert and a signal at Opequon Church Lane with modification to the entrances. The other Revenue Sharing project application is in the area of Sherando High School at Route 277 and Warrior Drive with the potential of recent proposed developments in several adjoining parcels. This application would improve Warrior Drive with modifications and changes South onto Brandy Lane. Improvements will need to be made in upgrading Brandy Lane from a private to a public roadway to Double Church Road. The Transportation Alternatives would include improvements to Inverlee Way, Valley Mill Road sidewalk extension, and Warrior Drive with a shared use path. County Project Updates: Renaissance Drive: The Board has approved the funding for the project and Staff is proceeding to a contract. Gainesboro Road/Route 522 Intersection Project: Staff has received the County's consultant modifications to the study and is in review with Staff. 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: Staff participated in the CTB Spring Public Meeting as it went well and received positive feedback. Minute Book 48 Board of Supervisors Regular Meeting of June 14,2023 County of Frederick, Virginia