HomeMy WebLinkAboutOctober 11 2023 Regular Meeting Minutes 84
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 11, 2023
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Blaine P. Dunn, Vice Chairman; Judith McCann-Slaughter; Shawn L. Graber;
Robert W. Wells; Josh E. Ludwig; and Heather H. Lockridge were present. Charles S. DeHaven, Jr.,
Chairman, participated remotely from Chantilly, Virginia. 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; Amy Feltner, Planner I; Kayla Peloquin, Planner I; Scott Varner, Director of Information
Technologies; Missi Neal, Purchasing Manager; and Ann W. Phillips, Deputy Clerk to the Board of
Supervisors.
CALL TO ORDER
Vice Chairman Dunn called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor Wells delivered the invocation.
PLEDGE OF ALLEGIANCE
Supervisor Wells led the Pledge of Allegiance.
REMOTE PARTICIPATION AUTHORIZED
Remote participation was authorized for Chairman DeHaven for medical reasons on the motion of
Supervisor Wells, seconded by Supervisor Graber, which carried unanimously.
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ADOPTION OF AGENDA-APPROVED
The proposed agenda was adopted on a motion by Supervisor Graber, seconded by Supervisor
Lockridge, with the following changes: the item titled Acceptance of Public Safety Committee Report of
September 28, 2023, be moved from the Consent Agenda to the County Officials section and the item
regarding signage guidelines for early voting at the Sunnyside Plaza Polling Place be removed from the
agenda. The motion carried on the following recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells No
Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter No
CITIZEN COMMENTS
Alice Strickler addressed the Board regarding the death of her son, fire recruit class member Ian
Strickler.
Stephanie Fiandaca-Strickler addressed the Board regarding the death of her husband, fire recruit
class member Ian Strickler.
Aaron Watson addressed the Board regarding the death of his cousin, fire recruit class member Ian
Strickler.
Rick Miller, Back Creek District resident and former Frederick County Director of Elections,
encouraged the Board to enact a rule prohibiting signs at the early voting precinct.
Kevin Kaczmarzewski, Stonewall District, spoke in opposition to the approval of Conditional Use
Permit 08-23 for a Dog Kennel and Breeding Facility.
Theresa Kaczmarzewski, Stonewall District, spoke in opposition to the approval of Conditional Use
Permit 08-23 for a Dog Kennel and Breeding Facility.
Robert Gallalee, Back Creek District, spoke in opposition to the use of red light cameras in the
County.
Bryan Nuri, Opequon District, spoke in favor of the Board enacting a rule to control signs at the early
voting precinct.
Kristen Appel, Opequon District, said she represented Shenandoah Shepherd Rescue and spoke in
opposition to the approval of Conditional Use Permit 08-23 for a Dog Kennel and Breeding Facility.
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Meghan Pachas, Back Creek District, said she represented Shirley's Angels Animal Rescue and
spoke in opposition to the approval of Conditional Use Permit 08-23 for a Dog Kennel and Breeding Facility.
Yenisel Lambert, Stonewall District and the Applicant for Conditional Use Permit 08-23 for a Dog
Kennel and Breeding Facility, spoke in favor of the approval of her requested Permit.
Lonnie Hitchcock, Stonewall District, spoke in opposition to the approval of Conditional Use Permit
08-23 for a Dog Kennel and Breeding Facility.
ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for the adoption of the consent agenda with the removal of one item
noted earlier at the adoption of the agenda. Chairman DeHaven seconded the motion which carried on a
voice vote.
-Approval of Minutes of Closed Session, Joint Work Session and Regular Meeting of September 27,
2023 - CONSENT AGENDA APPROVAL
-Acceptance of Transportation Committee Report of September 25, 2023 -CONSENT AGENDA APPROVAL,
Appendix 1
-Acceptance of Finance Committee Report of October 4, 2023 - CONSENT AGENDA APPROVAL,Appendix 2
-Approval of Request to Conduct Rabies Clinic in 2024- CONSENT AGENDA APPROVAL
-Confirmation of Granting Votinq Credentials on Behalf of Frederick County to Deputy County Administrator
Jay Tibbs for the 2023 Virginia Association of Counties Annual Business Meeting -CONSENT AGENDA
APPROVAL
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BOARD OF SUPERVISORS COMMENTS
Supervisor Graber discussed the Fire and Rescue Department and suggested the need for a closed
session of the Board to discuss leadership in the department. He also referenced election issues including
irregularities in the assignment of current poll workers.
Vice Chairman Dunn suggested that a rule on political signs be addressed after the current election
season.
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COUNTY OFFICIALS
FREDERICK COUNTY PUBLIC SAFETY RADIO PROJECT UPDATE—TUSA CONSULTING
SERVICES
Dean Hart of Tusa Consulting Services provided an update on the County's ongoing Public Safety
Radio Project. The Board, staff, and Mr. Hart discussed the original proposal and adjustments made to the
system specifications during project development, the wattage of the hand-held radios, tower locations,
coverage requirements, current investment in the project, system reliability and the associated testing
stipulated by Tusa, and the specific need for the Poorhouse Road and Brimstone towers.
Mr. Dean encouraged the Board to continue the path of implementing the system as designed.
LAUREL RIDGE COMMUNITY COLLEGE STUDENT SCHOLARSHIP CRITERIA-APPROVED
County Administrator Bollhoefer said the Board of Supervisors budgeted $55,000 for scholarships for
Laurel Ridge Community College in the FY 24 budget and also selected the Frederick County Educational
Foundation (FCEF) to distribute the scholarships. He reviewed general criteria used by the FCEF to award
scholarships are as follows:
• Must be a student in good standing.
• Must have at least a 2.5 grade point average.
• Must be a Frederick County Public Schools high school student.
• Must be a resident of Frederick County.
• Must demonstrate a financial need.
• Must have been accepted and plan to attend Laurel Ridge Community College.
The Board discussed the criteria and reached a consensus to revise the criteria to include private school
and home school students in the scholarship applicant pool. Mr. Bollhoefer said he would work on the criteria
modifications and return to the Board with further information.
PUBLIC SAFETY COMMITTEE REPORT OF SEPTEMBER 28, 2023 -ACCEPTED, Appendix 3
Supervisor Graber said he had moved to take the Public Safety Committee Report Acceptance off
the Consent Agenda in order to discuss the information item on the report regarding speed enforcement for
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school zones using speed cameras. He said he is opposed to the use of speed cameras and he moved to accept
the Committee Report and schedule a public hearing on the use of cameras for speed enforcement. Supervisor
Lockridge seconded the motion.
Supervisor Wells noted the Public Safety Committee was still working on the issue and had not yet sent
it forward to the Board for action. He suggested waiting for the Committee to fully study the matter and bring a
presentation to the Board before scheduling a public hearing.
Supervisor Slaughter moved to amend the motion to accept the Committee Report as submitted but take
no further action until the Committee returns to the Board with further information. Supervisor Wells seconded the
motion to amend which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig No
Shawn L. Graber No Robert W. Wells Aye
Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
The amended main motion carried on a recorded vote as follows:
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
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
SHARON MAUZY REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL AS RED BUD
DISTRICT REP. -APPROVED
On motion of Vice Chairman Dunn, seconded by Supervisor Graber, Sharon Mauzy was
reappointed to the Extension Leadership Council as the Red Bud District representative on a voice vote for
a 4-year term ending October 28, 2027.
ROBERT MEADOWS REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL AS AT-LARGE
MEMBER-APPROVED
On motion of Chairman DeHaven, seconded by Supervisor Graber, Robert Meadows was
reappointed to the Extension Leadership Council as an at-large member on a voice vote for a 4-year term
ending October 28, 2027.
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COMMITTEE BUSINESS—FINANCE COMMITTEE
THE FCPS EXECUTIVE DIRECTOR OF FINANCE REQUESTS A SCHOOL OPERATING FUND
AND A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $178,783.90.—
APPROVED
On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the
following: The FCPS Executive Director of Finance requests a School Operating Fund and a General Fund
supplemental appropriation in the amount of$178,783.90. 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
THE FCPS EXECUTIVE DIRECTOR OF FINANCE REQUESTS A SCHOOL CAPITAL FUND AND A
GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $877,282. —
APPROVED
On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the
following: The FCPS Executive Director of Finance requests a School Capital Fund and a General Fund
supplemental appropriation in the amount of$877,282. 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
THE WRA EXECUTIVE DIRECTOR REQUESTS AN AIRPORT CAPITAL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $1,935,393 AND A GENERAL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $29,728. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The WRA Executive Director requests an Airport Capital fund supplemental appropriation in the
amount of$1,935,393 and a General Fund supplemental appropriation in the amount of$29,728. 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
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THE PARKS AND RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $1,800.—APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Parks and Recreation Director requests a General Fund supplemental appropriation in the
amount of$1,800. 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
THE PARKS & RECREATION DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $150,311.—APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Parks & Recreation Director requests a General Fund supplemental appropriation in the
amount of$150,311. 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
THE NRADC SUPERINTENDENT REQUESTS A JAIL FUND SUPPLEMENTAL APPROPRIATION
IN THE AMOUNT OF $1,320,808. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The NRADC Superintendent requests a Jail Fund supplemental appropriation in the amount of
$1,320,808. 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
THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $90,876.67. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Sheriff requests a General Fund supplemental appropriation in the amount of$90,876.67. The
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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
THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $34,876. —APPROVED
On motion of Supervisor Slaughter, seconded by Chairman DeHaven, the Board approved the
following: The Sheriff requests a General Fund supplemental appropriation in the amount of $34,876.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
THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $15,204. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Sheriff requests a General Fund supplemental appropriation in the amount of $15,204.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
THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $12,930. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Sheriff requests a General Fund supplemental appropriation in the amount of $12,930. 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
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THE SHERIFF REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $1,779.34. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Sheriff requests a General Fund supplemental appropriation in the amount of$1,779.34. 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
THE PUBLIC WORKS DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $25,000. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Public Works Director requests a General Fund supplemental appropriation in the amount of
$25,000. 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
Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
THE PUBLIC WORKS DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $3,247.55. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Public Works Director requests a General Fund supplemental appropriation in the amount of
$3,247.55. 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
THE PUBLIC WORKS DIRECTOR REQUESTS A LANDFILL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $406,036. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Public Works Director requests a Landfill Fund supplemental appropriation in the amount of
$406,036. The motion carried on a recorded vote as follows:
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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
THE PUBLIC WORKS DIRECTOR REQUESTS A LANDFILL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $179,389. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Public Works Director requests a Landfill Fund supplemental appropriation in the amount of
$179,389.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
THE PUBLIC WORKS DIRECTOR REQUESTS A LANDFILL FUND SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $2,265,550. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Public Works Director requests a Landfill Fund supplemental appropriation in the amount of
$2,265,550. 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
THE FINANCE DIRECTOR REQUESTS A GENERAL FUND SUPPLEMENTAL APPROPRIATION
IN THE AMOUNT OF $11,009.25. —APPROVED
On motion of Supervisor Slaughter, seconded by Supervisor Graber, the Board approved the
following: The Finance Director requests a General Fund supplemental appropriation in the amount of
$11,009.25. 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
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COMMITTEE BUSINESS—TRANSPORTATION COMMITTEE
STAFF DIRECTED TO DRAFT ORDINANCE THAT WOULD ALLOW FOR THE USE OF PHOTO
RED ENFORCEMENT SYSTEM
Assistant Planning Director John Bishop explained the request from the Transportation Committee
adding that if the Board approves an ordinance and proceeds with the use of a photo red enforcement system,
a private contractor engaged by the County would install and/or operate the system.
The Board discussed holding a public hearing on the matter. Supervisors Graber and Lockridge spoke
in opposition to the use of photo enforcement for red lights citing accident rates.
Supervisor Slaughter moved to authorize staff to draft an Ordinance allowing for the use of a photo red
enforcement system for the Board's review and consideration. Chairman DeHaven seconded the motion
which carried on a recorded vote as follows:
Blaine P. Dunn Aye Josh E. Ludwig No
Shawn L. Graber No Robert W. Wells Aye
Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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PUBLIC HEARINGS (NON PLANNING ISSUES) - None
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
CONDITIONAL USE PERMIT #05-23 FOR GT ARCHERY, LLC., (CLETUS AND GINGER
TEETS)—APPROVED
Planner Amy Feltner reviewed the request for a Conditional Use Permit (CUP) to enable a
commercial indoor-outdoor archery range with sales of archery supplies and equipment on one parcel totaling
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approximately 4.80+/- acres located at 3641 Green Spring Road. She listed the conditions to be attached to
the CUP if the Board of Supervisors finds the application appropriate.
The Board, staff and Applicant Cletus Teets discussed modifying the conditions to remove the
reference to excluding Sunday hours of operation, removing the cap on the number of employees and
incorporating it into the overall limit of persons present, and stipulating the indoor and outdoor ranges will not
be used simultaneously. The Applicant agreed to the modifications of the conditions.
Vice Chairman Dunn opened the public comment period.
The following spoke in favor of approval of the Conditional Use Permit:
Albert Barnes, Maryland resident
Sandra Childress, West Virginia resident
Leslie Deffinbaugh, West Virginia resident
Kinzy Brown, West Virginia resident
Whit Wagner, Gainesboro resident
Alan Keane, Back Creek resident
Vice Chairman Dunn closed the public comment period.
Supervisor Lockridge moved for approval of Conditional Use Permit #05-23 For GT Archery, LLC.
Supervisor Ludwig seconded the motion. The Board and staff reviewed the modifications to the conditions
discussed earlier. Supervisor Lockridge restated the motion to include removing the reference to excluding
Sunday hours of operation, removing the cap on the number of employees and incorporating it into the overall
limit of persons present, and stipulating the indoor and outdoor ranges will not be used simultaneously. 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
ORDINANCE
CONDITIONAL USE PERMIT#05-23
GT ARCHERY(CLETUS AND GINGER TEETS)
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#05-23 was submitted by Cletus and Ginger Teets to
allow for a commercial indoor-outdoor archery range.The property is located at 3641 Green Spring Road,Winchester,
Virginia and is identified with Property Identification Number 13-3-16 in the Gainesboro Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on
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September 20,2023 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 October 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 in accordance with
Chapter 165 of the Frederick County Code,Zoning,Conditional Use Permit#05-23 to allow for a commercial indoor-
outdoor archery range on the parcel identified with Property Identification Number 13-3-16 is approved with the
following conditions:
1.All review agency comments and requirements shall be complied with at all times.
2.1-lours of operation shall be limited to 8:00 a.m.to 9:00 p.m.every day with a maximum of 35 people at any time.
3.A minor site plan shall be submitted and approved by Frederick County prior to the establishment of this use on
this property.The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section
§165-204.15 for Outdoor Commercial Archery Ranges.
4.The Indoor and Outdoor range areas shall not be used simultaneously.
5.Should this Conditional Use Permit be approved,the existing Conditional Use Permit(CUP
#07-16)is voided.
6.One(1)sign with a maximum sign area not to exceed four(4)square feet(SF)and five(5)
feet in height is permitted with approval of the Conditional Use Permit.
7.Any expansion or modification of this use will require approval of a new conditional use permit.
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
REZONING #08-23 YENISEL LAMBERT— DENIED
Supervisor Slaughter said she visited the property and met with adjoining property owners since the
Board last considered this matter. She said while she supports people's right to do with their property as they
wish, consideration must be given to how they impact adjoining properties. She said based upon
conversations with the surrounding property owners, the property in question has not been managed in a
way that mitigates these impacts on adjoining properties and she was not confident it will get any better if the
request is approved. Supervisor Slaughter moved to deny Conditional Use Permit #08-23 for Yenisel
Lambert. Supervisor Graber seconded the motion.
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Supervisor Ludwig said he was concerned about denying property rights. He and staff discussed
issues regarding the shared driveway access to the property, noise complaints and enforcement of conditions
of a CUP.
The motion to deny Conditional Use Permit#08-23 for Yenisel Lambert carried on a recorded vote
as follows:
Blaine P. Dunn Aye Josh E. Ludwig No
Shawn L. Graber Aye Robert W. Wells Aye
Heather H. Lockridge No Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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CAPITAL IMPACTS MODEL (CAPIM) 2022 ANNUAL BASE YEAR DATA UPDATE
Planning Director Wyatt Pearson reviewed the Capital Impacts Model and said Staff was seeking
approval from the Board of Supervisors to utilize the updated Fiscal Year 2023 base year data in the CapIM.
Supervisor Slaughter moved to approve the use of the updated Fiscal Year 2023 base year data in the
CapIM. Chairman DeHaven seconded the motion.
Supervisor Graber asked that a discussion of EMS revenue recovery funds be added to the October
25 Board agenda.
Supervisor Slaughter suggested holding a meeting on budget priorities where EMS revenue Recovery
could be addressed.
The motion to approve use of the updated Fiscal Year 2023 base year data in the CapIM 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
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CAPITAL IMPACT MODEL 5-YEAR UPDATE &TRANSPORTATION IMPACT ANALYSIS
Planning Director Wyatt Pearson said the County's Capital Impact Model (CIM) has not undergone
an update (beyond the base year adjustments made annually) for the past five years. He said in accordance
with the report that accompanied the original CIM in 2018, the time has come for a more substantial update
to the inputs that have gone unadjusted since its adoption. He said that staff was seeking direction from the
Board of Supervisors on whether it is appropriate to proceed with the studies and updates described in the
memorandum and the attachments.
Supervisor Wells spoke in favor of the updates.
Supervisor Slaughter moved to authorize staff to proceed with the studies, 5-year update, and
transportation impact analysis as described in the memorandum and the attachments. Chairman DeHaven
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
Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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BOARD LIAISON REPORTS
Supervisor Wells noted a recent project completed with coordination between Parks and Recreation
and VDOT that included new signage and a concrete pedestal at a Warrior Drive intersection.
CITIZEN COMMENTS
Bryan Nuri, Opequon District, discussed the Board's Rules of Procedure which states that the
members will treat each other respectfully. He implied that Board members using their phones during a
meeting was disrespectful. He said two Board members have been addressing things in the Registrar's office
and inquired if the County Administrator was involved in handling the complaint.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Ludwig discussed election issues including signs at the early voting location.
Supervisor Wells discussed signs at the early voting location as well as campaign workers potentially
interfering with voters.
ADJOURN
On motion of Supervisor Wells, seconded by Supervisor Graber,the meeting was adjourned at 10:47
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 Meeting Minutes of October 11, 2023 - Appendix 1
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, September 25, 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),Josh Ludwig(Voting), Kevin Kenney(Voting)and
Lewis Boyer(Liaison Stephens City).
Committee Members Absent: Charles DeHaven,Jr. (Voting).
Staff Present: Assistant Director,John Bishop and Kathy Smith, Secretary.
ACTION ITEMS:
Camera Enforcement of Red Lights Discussion and Update: Staff provide the Committee with an
overview of past efforts regarding the use of photo enforcement for red lights that outlined
current practices and guidelines for the consideration of the matter. A private contractor engaged
by the County would install and/or operate the system. The County may have installed systems
at no more than one intersection per 10,000 residents therefore, the County may install the
system at no more than 9 intersections. Upon a motion by Gary Oates, seconded by Shontya
Washington, the Committee recommends that the Board authorize staff to draft an Ordinance
that would allow for the use of photo red enforcement system.
ITEMS FOR INFORMATION ONLY:
Route 50 STARS Study Discussion: Brad Reed, VDOT give a presentation updating the Committee
on the Route 50(Northwestern Pike/Amherst Street)on the Strategically Targeted and Affordable
Roadway Solutions (STARS) corridor improvement study. The study begins at the intersection of
Northwestern Pike at the VDOT Area headquarters entrance and ends at the intersection of
Amherst Street. The Committee was able to view the progress of the study as Staff begins
preparation for the public involvement portion of the study effort and advancement through state
transportation funding programs.
Route 37 (Eastern Frederick Transportation) Update: Brian St. John, McCormick Taylor the firm
conducting the study on behalf of the County, updated the Committee on the study progress. A
web map has been created with the documentation of inventory and information materials on
past studies that will be going live as well as stakeholder interviews have been completed. The
target schedule for the study to be completed is for March 2024 in time for the SmartScale
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funding. It was recommended by Staff to combine the public outreach portion of the Eastern
Frederick Transportation study with the transportation forum in the fall. After much discussion,
the Committee recommended combining the completed study materials of the public outreach
with the transportation forum, this will lay out a road map pieces of the funding and public
understanding.
County Project Updates: Renaissance Drive:The County's contractor, W-L Construction and
Paving Inc., has largely been engaged in site preparation.The updated agreements with CSX
have been executed by the County and forwarded to CSX for final execution.
Gainesboro Road/Route 522 Intersection Project:The signal justification report is undergoing
additional modification at the request of VDOT. A resolution in support of a signalization
intersection has been sent to the Board for adoption.
Other: Ed Carter,VDOT gave a status of area projects on westbound Berryville Pike at the
intersection Woods Mill Road with completion of a rumble strip, a solar"your speed" sign will
be installed along with other safety improvements in the area.
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Board of Supervisors Regular Meeting of October 11,2023
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Board of Supervisors Meeting Minutes of October 11, 2023 - Appendix 2
REPORT AND RECOMMENDATIONS
FINANCE & AUDIT COMMITTEE
WEDNESDAY, OCTOBER 4, 2023
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
(remote); Blaine Dunn; Gary Oates; Jeffrey Boppe; and Angela Wiseman. Non-voting liaison
Seth Thatcher, Commissioner of the Revenue.
Committee Member Absent: Non-voting liaison William Orndoff, Treasurer.
Staff present: Cheryl Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director; Jay
Tibbs, Assistant County Administrator; Rod Williams, County Attorney; Mike Bollhoefer,
County Administrator; Steve Hawkins, Sheriff Major; Barry Kittoe, Sheriff Lieutenant; Stacy
Herbaugh, Parks & Recreation Director; Clay Corbin, NRADC Superintendent; Joe Wilder,
Public Works Director; and Nick Sabo, WRA Executive Director.
Others present: Patty Camry, FCPS Executive Director of Finance; Dr. George Hummer,
FCPS Superintendent; and Megan Argenbright, Brown, Edwards & Company LLP.
FINANCE COMMITTEE
A. Items Not Requiring Action
A.1. The FCPS Executive Director of Finance provided FY 2023 Year End Financial
Reports and was available for discussion.
FinCmte20231004SchoolsFY23YEFin Rpts.pdf
FinCmte20231004SchoolsFY23YEFin Rpts2.pdf
B. Action Items
B.1. The FCPS Executive Director of Finance requests a School Operating
Fund and a General Fund supplemental appropriation in the amount of
$178,783.90.
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This amount represents a carry forward of FY 2023 unspent restricted grant 103
funds. The committee recommends approval.
FinCmte20231004SchoolsCF.pdf
13.2. The FCPS Executive Director of Finance requests a School Capital Fund
and a General Fund supplemental appropriation in the amount of
$877,282.
This amount represents a carry forward of FY 2023 unspent unobligated
School Operating funds for the replacement of fire alarms at 5 locations. The
committee recommends approval.
FinCmte20231004SchoolsCF.pdf
13.3. The WRA Executive Director requests an Airport Capital fund
supplemental appropriation in the amount of $1,935,393 and a General
Fund supplemental appropriation in the amount of $29,728.
These amounts represent the increase in the cost for the construction of a new
aircraft parking apron ($1,935,393) and the corresponding local share
($29,728). The committee recommends approval.
FinCmte20231004AirportGrantSA.pdf
13.4. The Parks and Recreation Director requests a General Fund
supplemental appropriation in the amount of $1,800.
This amount represents donations for park benches. No local funds required.
The committee recommends approval.
FinCmte20231004ParksBenchDonations.pdf
13.5. The Parks & Recreation Director requests a General Fund supplemental
appropriation in the amount of$150,311.
This amount represents a carry forward of unspent FY 2023 funds for the
design of Old Charlestown Road Park. The committee recommends approval.
FinCmte202310040ldChristwnParkCF.pdf
13.6. The NRADC Superintendent requests a Jail Fund supplemental
appropriation in the amount of $1,320,808.
This amount represents funds required for an emergency replacement of
failing parts of the security system. Of this amount $205,000 are grant funds
awarded and the remaining $1,115,808 will come from the Jail fund balance.
The committee recommends approval. Fin Cmte20231004NRADCSecurity
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B.7. The Sheriff requests a General Fund supplemental appropriation in the
amount of$90,876.67.
This amount represents funds toward the building at the impound lot. Funds
have been accumulating for several fiscal years from donations and an
insurance claim for a damaged tent. The committee recommends approval.
FinCmte20231004SheriffCF.pdf
B.B. The Sheriff requests a General Fund supplemental appropriation in the
amount of$34,876.
This amount represents a carry forward of FY 2023 unspent funds for the
purchase of vehicle routers and antennas. The committee recommends
approval.
FinCmte20231004SheriffCF.pdf
B.9. The Sheriff requests a General Fund supplemental appropriation in the
amount of$15,204.
This amount represent unbudgeted revenue received in FY 2023 from the sale
of salvage and surplus to be used toward the purchase of a new vehicle. The
committee recommends approval.
FinCmte20231004SheriffCF.pdf
B.10. The Sheriff requests a General Fund supplemental appropriation in the
amount of$12,930.
This amount represent unbudgeted revenue received in FY 2024 from the sale
of salvage and surplus to be used toward the purchase of a new vehicle. No
local funds required. The committee recommends approval.
FinCmte20231004SheriffSurplusSA.pdf
B.11. The Sheriff requests a General Fund supplemental appropriation in the
amount of $1,779.34.
This amount represents the sale of scrap metal and will be used for firing
range supplies and vehicle parts. No local funds required. The committee
recommends approval. Fin Cmte20231004SheriffScrap.pdf
B.12. The Public Works Director requests a General Fund supplemental
appropriation in the amount of$25,000.
This amount represents funds from the Fleming Trust to be used for spaying
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Board of Supervisors Regular Meeting of October It, 2023
County of Frederick, Virginia
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and neutering. No local funds required. The committee recommends 105
approval.
FinCmte20231004AnShitrFleming.pdf
B.13. The Public Works Director requests a General Fund supplemental
appropriation in the amount of$3,247.55.
This amount represents a carry forward of FY 2023 unbudgeted restitution
received. The committee recommends approval.
FinCmte20231004AnShitrRestitution.pdf
B.14. The Public Works Director requests a Landfill Fund supplemental
appropriation in the amount of$406,036.
This amount represents a carry forward of FY 2023 unspent funds for
engineering costs for ongoing projects. The committee recommends approval.
FinCmte20231004LandfillCF.pdf
B.15. The Public Works Director requests a Landfill Fund supplemental
appropriation in the amount of$179,389.
This amount represents a carry forward of FY 2023 unspent funds for gas
treatment skid maintenance. The committee recommends approval.
FinCmte20231004LandfillCF.pdf
B.16. The Public Works Director requests a Landfill Fund supplemental
appropriation in the amount of$2,265,550.
This amount represents a carry forward of FY 2023 unspent funds for the
delayed diversion channel project. The committee recommends approval.
FinCmte20231004LandfillCF.pdf
B.17. The Finance Director requests a General Fund supplemental
appropriation in the amount of $11,009.25.
This amount represents unspent FY 2023 VJCCCA funds that are owed to the
State. The committee recommends approval.
FinCmte20231004FY23_VJCCCA.pdf
C. Items For Information Only
C.1. The Finance Director provides financial statements ending August 31, 2023.
Fin Cmte20231004FinStmtsAug23.pdf
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106
C.2. The Finance Director provides a General Fund Budget Transfer report for
August 2023.
FinCmte20231004BudgetTxfAug23.pdf
C.3. FY 2023 year end open purchase order reports are provided for the County
and the Schools.
FinCmte20231004FY230penPOCounty.pdf
FinCmte20231004FY230penPOSchools.pdf
CA. The Finance Director provides a General Fund Unreserved Fund Balance
report ending September 30, 2023.
FinCmte20231004FundBalSept23.pdf
AUDIT COMMITTEE
Megan Argenbright with Brown, Edwards & Company was present to discuss the
completed August 31, 2022 and February 28, 2023 internal audits, as well as the August
31, 2023 internal audit that is currently in process.
AuditCmte202310041nternalAudit2O220831.pdf
AuditCmte202310041nternalAudit2O230228.pdf
AuditCmte20231004BE2023EngagementLtr.pdf
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Board of Supervisors Meeting Minutes of October 11, 2023 - Appendix 3
PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS
Thursday September 28, 2023
8:30 a.m.
1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Helen Lake, Heather Lockridge, Denny Linaburg
and Chairman Bob Wells. Walt Cunningham was absent.
Staff present: County Administrator Mike Bollhoefer, Deputy County
Administrator Jay Tibbs, Fire& Rescue Chief Steve Majchrzak, County Attorney Rod
Williams,Major Steve Hawkins, Volunteer Fire & Rescue President Dan Cunningham,
Sheriff Lenny Millholland, 1st Lieutenant Jason Cornwell.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS FOR INFORMATION ONLY:
1. Blue Line Solutions update:
Randy Campbell from Blue Line Solutions made a presentation on the TrueBlue
Speed Enforcement for School Zones. The program utilizes public information and
education, speed cameras, and enforcement to reduce speeding in school zones.
There is no upfront cost to the County. Blue Line Solutions will maintain and install
all cameras in all school zones. Upon entering a contract, there is a 30-day
media/public awareness campaign to include Public Service Announcements,
education and social media postings followed by a 30-day "warning" period before
the system goes live. Drivers cited under this system will receive a ticket and civil
penalty and fine of$100. Citations do not impact auto insurance or DMV license
points. The Sheriff's office would receive $75.00 for every citation and Blue Line
Solutions would receive $25.
It was the consensus of the Public Safety Committee to form a workgroup to go over
the details of this program to include allocation of monies received prior to
presenting this item to the Board of Supervisors.
Chairman Wells appointed Helen Lake, Heather Lockridge and Sheriff Millholland
to the workgroup.
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2. School Resource Officers and retention:
1St Lt. Jason Cornwell discussed incentivizing School resource officer recruitment.
SROs are required to be deputized and go through rigorous training including threat
assessment, crisis planning and additional basic SRO training. The department is
looking at adding more supervisor positions to effectively manage the SRO staff. In
addition, the department proposed a 10%pay increase to assist with the recruitment
and to help compete with surrounding jurisdictions.
3. Update on proposed Company 22 land sites:
Chairman Wells advised the committee that an update on Company 22 land sites
will be revisited at the next Public Safety Committee meeting in November.
4. Other business:
County Administrator Mike provided a brief status update following the July closed
session.
Respectfully submitted,
Public Safety Committee
Bob Wells Heather Lockridge Denny Linaburg
Helen Lake Walt Cunningham
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Board of Supervisors Regular Meeting of October It, 2023
County of Frederick, Virginia