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HomeMy WebLinkAboutOctober 25 2023 Regular Meeting Minutes 109 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 25, 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; Tyler Klein, Senior Planner I; Scott Varner, Director of Information Technologies; 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 Pastor Samuel Rogers of Hope Valley Church 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. ADOPTION OF AGENDA-APPROVED The proposed agenda was adopted on a motion by Supervisor Ludwig, seconded by Supervisor Graber, with the following item postponed to the next meeting: Information/Discussion: Ordinance Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 110 Amendment - Home Occupation, Accessory Dwellings, and MDPs. The motion carried on the following recorded vote: 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 CITIZEN COMMENTS Nicholas Blake, Opequon District, referenced the death of fire recruit class member Ian Strickler and discussed his experience as a recruit class member. Denny Linaburg, Red Bud District resident and former Frederick County Fire & Rescue Chief discussed the fire and rescue department and advocated for a dedicated revenue stream for the department. Don Jackson, Gainesboro District, spoke on behalf of the volunteer fire and rescue companies and the financial duress they face saying that EMS revenue recovery is essential to the volunteer companies. He spoke in praise of Chief Steve Majchrzak and his leadership team. Mark Dalton, Back Creek District, spoke on behalf of the volunteer fire and rescue companies and continued the remarks offered by the previous speaker in praise of Chief Steve Majchrzak and his leadership team. Rhonda Sargent, Back Creek District, asked the Board to consider reappointing her to the Shawneeland Sanitary District Advisory Committee. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for the adoption of the consent agenda. Supervisor Graber seconded the motion which carried on the following recorded vote: 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 -Approval of Minutes of Regular Meeting of October 11, 2023 - CONSENT AGENDA APPROVAL -Acceptance of Parks & Recreation Commission Report of October 10, 2023 - CONSENT AGENDA APPROVAL,Appendix 1 Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 111 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber discussed complaints he has received regarding the fire and rescue department. COUNTY OFFICIALS 2024 LEGISLATIVE AGENDA- DISCUSSED Deputy County Administrator Jay Tibbs presented the draft list of legislative initiatives for 2024. Vice Chairman Dunn discussed debt, debt service, impact fees, and options to pay for growth. He suggested holding a work session to determine the consensus of the Board on the issues as they relate to the legislative initiatives. Supervisor Graber discussed the need to address the known costs of residential growth in the County. DISBURSEMENT OF EMS REVENUE RECOVERY FUNDS—WORK SESSION APPROVED Supervisor Graber discussed the disparity between the volume of emergency calls responded to by the volunteer companies versus career staff. He said the current agreement calls for a 50-50 split of the revenue recovered via emergency services calls between the volunteer companies and the County. He asked for a review of the agreement in light of the higher volume of calls now being handled by County career staff instead of the equally shared call volume that existed when the agreement was adopted. Supervisor Graber moved that the Board establish a committee to review the revenue split agreement consisting of at least nine with no more than four members from the fire and rescue community. Supervisor Ludwig seconded the motion. Vice Chairman Dunn said he preferred a Board work session to allow input from all the stakeholders. The Board discussed the possible committee structure with Supervisor Graber suggesting two be fire and rescue volunteers, two be career fire and rescue personnel, two be from a fire and rescue system outside of Frederick County,two be from the health insurance industry, and one at large community member. Supervisor Wells moved to amend the motion to add that the Board hold a work session for Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 112 discussion and input prior to establishing the revenue recovery agreement review committee. Supervisor Graber seconded the motion to amend which carried on the following recorded vote: 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 amended main motion to hold a work session followed by establishing the revenue recovery agreement review committee carried on the following recorded vote: 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 + + + + + + + + + + + + + + OPTIONS FOR INCREASING BOARD MEMBERS' SALARIES DISCUSSED Vice Chairman Dunn asked for a discussion of options to increase the salaries of Board members. Supervisor Graber said he did not wish to see an increase in Board members' salaries. Supervisor Ludwig said he did not support raising Board members' salaries. + + + + + + + + + + + + + + APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS JUDITH MCCANN-SLAUGHTER REAPPOINTED TO EDA-APPROVED On motion of Chairman Dehaven, seconded by Vice Chairman Dunn, Judith McCann-Slaughter was reappointed to the Economic Development Authority for a 4-year term ending November 13, 2027. The motion carried on the following recorded vote: 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 Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 113 MARK GAYLOR REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD - APPROVED On motion of Supervisor Ludwig, seconded by Supervisor Graber, Mark Gaylor was reappointed to the Handley Regional Library Board for a 4-year term ending November 30, 2027. The motion carried on the following recorded vote: 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 PAUL GARTNER APPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE -APPROVED On motion of Supervisor Graber, seconded by Supervisor Ludwig, Paul Gartner was appointed to the Shawneeland Sanitary District Advisory Committee for a 2-year term ending October 25, 2025. The motion carried on the following recorded vote: Blaine P. Dunn No Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS CONDITIONAL USE PERMIT #09-23 FOR GETAWAY HOUSE, INC., (M.M.T. LIMITED) — POSTPONED TO NOVEMBER 8, 2023 Senior Planner Tyler Klein reviewed the request for a Conditional Use Permit (CUP) for a campground proposing 90 year-round portable micro-cabin campsites on five (5) parcels totaling +/- 430 acres. He said the proposal is generally consistent with the County's Comprehensive Plan, and if approved, Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 114 would also include improving the hard surface condition of McCubbin Road. He listed the conditions to be attached to the CUP if the Board of Supervisors finds the application appropriate. The Board, staff, and Applicant discussed planned road improvements, water and sewer capacity at the site, and septic system management. Scott Levit representing Getaway House, Inc. made a presentation showing the planned development of the campsites. The Board, staff, and Applicant discussed the cabin construction, plans to handle possible medical emergencies among the guests, the lack of cell phone service at the site, the number of road trips per day per cabin, and signage at the property. Vice Chairman Dunn opened the public comment period. The following spoke on the Conditional Use Permit: George Hughes, Gainesboro District, spoke in favor of approval of the Conditional Use Permit. William Dodd, Gainesboro District, spoke in opposition to the approval of the Conditional Use Permit. The Board and the Applicant discussed the comments made by the previous two speakers including the policy on leashed dogs, the results of a noise study, the clientele expected to visit the facility, the height limits of antennas on the campsite buildings, the size of the development, alternative uses of the property if the permit were not approved, and traffic concerns. At the request of Board members, the Applicant said he would review whether he would be willing to reduce the total campsite units and/or prohibit the transfer of development rights while he owned the property but would like more specifics from the Board. Supervisor Lockridge moved to postpone action on Conditional Use Permit #09-23 for Getaway House, Inc., (M.M.T. Limited) until November 8, 2023. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye Josh E. Ludwig Aye Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye At 8:50 p.m., Vice Chairman Dunn recessed the meeting for a 10-minute break. At 9:00 p.m., the meeting reconvened. Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 115 Vice Chairman Dunn noted he had not closed the public comment period for the last agenda item and called for any additional speakers. Mike Weber, Stonewall District, spoke in opposition to the approval of the Conditional Use Permit. Vice Chairman Dunn closed the public comment period. + + + + + + + + + + + + + + REZONING #03-23 OF 0-N MINERALS (CHEMSTONE) D/B/A CARMEUSE AMERICAS— POSTPONED TO NOVEMBER 8, 2023 Assistant Planning Director John Bishop reviewed the rezoning application #03-23 of 0-N Mineral (Chemstone) dba Carmeuse Americas submitted to rezone +/- 391.87 acres from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District with proffers. He said as proposed the rezoning request is not in compliance with the Comprehensive Plan as well as the Northeast Land Use Plan (NELUP) portion of the Comprehensive Plan as adopted September 27, 2023. He added the proposed zoning classification of Extractive Manufacturing conflicts with the Board's adopted future land use designations which call for Industrial, Heavy Industrial, and Warehouse uses for the parcels under consideration in this rezoning. Mr. Bishop said that the Applicant recently completed a hydrogeologic study which is included in the rezoning attachments and had previously noted that the study would be peer-reviewed, however, Virginia Tech has turned down that opportunity. The Board and Staff discussed the recently received proffer update, the possible rezoning of an additional parcel for use by the Applicant, and the handling of damage claims against the Applicant. Randall Minchew, representing the Applicant, discussed the request. Logan Thompson, Site Operations Manager for Carmeuse at Clear Brook, discussed the request. Mark Krumenacher, Hydrologist, reviewed the hydrology report prepared by his form on behalf of the Applicant. Supervisor Slaughter and Mr. Krumenacher discussed the method used to obtain complaints about wells near the quarry. Vice Chairman Dunn opened the public comment period. The following spoke in favor of approval of the Conditional Use Permit: Rob Lanham of the Virginia Transportation Construction Alliance Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 116 Ryan Alvarez, Stonewall District Cynthia Schneider, Red Bud District, Top of Virginia Regional Chamber of Commerce Ashley Johnson, Carmeuse employee Justin Strickland representing Winchester&Western Railroad owned by Omnitrax Greg Roberts, Stonewall District Patti Solenburger, Shawnee District, representing the Small Business Freedom Alliance The following spoke opposing approval of the Conditional Use Permit: Tina Bragg, Stonewall District Mark Regan, Stonewall District Charlie Gardner, Stonewall District At 11:00 p.m. and per the Board's adopted rule for meeting length, Vice Chairman Dunn polled the members for a determination about continuing or ending the meeting. By consensus, the Board agreed to continue with the meeting but to postpone the closed session listed later on the agenda until the next regular meeting date prior to the 7:00 p.m. regular meeting start time. The following spoke in favor of approval of the Conditional Use Permit: George Hughes, Gainesboro District Ed Aspen, Stonewall District Brad Sheppard, Stonewall District Dave Cress, Shawnee District Will Weber, Stonewall District Mike Weber, Stonewall District Lindsey Marhefka, Carmeuse employee David St. Clair, Carmeuse employee Ben Starr Opequon District Delores Newcomb, Carmeuse employee The following spoke opposing approval of the Conditional Use Permit: David Riner, Stonewall District Arthur Bragg, Stonewall District Brenda Fristoe, Stonewall District Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 117 Beth LaRusso, Berkeley County, WV resident Patsy Gochenour, Red Bud District Kevin Denton, Stonewall District Megan Devries, Stonewall District Tina Riner, Stonewall District Vice Chairman Dunn closed the public comment period. Supervisor Slaughter moved to postpone action on Conditional Use Permit #03-23 of 0-N Mineral (Chemstone)dba Carmeuse Americas until November 8, 2023, and to keep the public comment period open. Supervisor Wells seconded the motion. Supervisor Graber moved to amend the motion to close the public comment period while postponing action until November 8. Supervisor Wells seconded the motion which failed on a recorded vote as follows: Blaine P. Dunn No Josh E. Ludwig No Shawn L. Graber Aye Robert W. Wells Aye Heather H. Lockridge No Charles S. DeHaven, Jr. No Judith McCann-Slaughter Aye The Board discussed the public comment period being closed. Supervisor Slaughter withdrew her original motion. Supervisor Slaughter moved to postpone action on Conditional Use Permit #03-23 of 0-N Mineral (Chemstone) dba Carmeuse Americas until November 8, 2023, with the public comment period remaining closed. Supervisor Graber seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No 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 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS - None Minute Book 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 118 CITIZEN COMMENTS Ryan Taylor, Berkeley County WV resident, discussed the effect on his water distribution company during the drought warning which remains in effect in the County. He said he is prohibited from purchasing water from Frederick Water to serve clients in Frederick County and it is a hardship for him to bring in water from elsewhere. He asked the Board to consider making an exception for bulk water haulers. Patsy Gochenour, Red Bus District, discussed dangerous traffic conditions at the intersection of Meade Drive and Senseny Road. ADJOURN On motion of Supervisor Wells, seconded by Supervisor Graber,the meeting was adjourned at 12:12 a.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 49 Board of Supervisors Regular Meeting of October 25, 2023 County of Frederick, Virginia 119 Board of Supervisors Meeting Minutes of October 25, 2023 - Appendix 1 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Wednesday, October 25,2023 7:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA To: Jay Tibbs, Deputy County Administrator From: Stacy Herbaugh, Director, Parks & Recreation Dept. Date: October 12, 2023 Subject: Parks and Recreation Commission Action The Parks and Recreation Commission met on October 10, 2023. Members present were Natalie Gerometta, Gary Longerbeam, Ronald Madagan, Dennis Grubbs, and Jenny Myers. Members Absent: Guss Morrison, Zac Franz, and Randy Carter ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: None ITEMS SUBMITTED FOR INFORMATION ONLY 1. The Commission made a motion to modify the Rose Hill Park Memorandum of Understanding (MOU) that provides expanding the lease area for a potential dog park addition and taking on maintenance responsibilities for the parking lot. The second change is a requirement from MSV to allow for expanded parking and future amenity development, seconded by Mrs. Gerometta, carried unanimously(5-0). Cc: Gary Longerbeam, Chairman Charles Dehaven, Board of Supervisors' Non-Voting Liaison Minute Book 49 Board of Supervisors Regular Meeting of October 25,2023 County of Frederick, Virginia