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HomeMy WebLinkAboutOctober 8 2025 Regular Meeting Minutes 98 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, OCTOBER 8, 2025 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Judith McCann-Slaughter,Acting Chairman; Robert W.Wells, Temporary Vice Chairman; Blaine P. Dunn; John F. Jewell; and Robert T. Liero were present. The Chairman's Seat and the Gainesboro District Seat are vacant following the resignations of Josh Ludwig and Heather Lockridge. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Karen Vacchio, Public Information Officer;Wyatt Pearson, Planning Director;John Bishop,Assistant Director of Planning; Tonya Sibert, Commissioner of the Revenue; Patrick Fly, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Acting Chairman Slaughter called the meeting to order at 7:00 p.m. INVOCATION Pastor Samuel Rogers of Hope Valley House Churches delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Supervisor Wells moved to adopt the draft agenda. Supervisor Liero seconded the motion, which carried on a voice vote. CITIZEN COMMENTS— None Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 99 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Wells moved to adopt the consent agenda. Supervisor Jewell seconded the motion, which carried on a voice. -Approval of the Closed Session & Regular Meeting Minutes of September 24, 2025—CONSENT AGENDA APPROVAL -Approval of the Special Meeting Minutes of October 1, 2025—CONSENT AGENDA APPROVAL -Acceptance of Transportation Committee Report of September 22, 2025—CONSENT AGENDA APPROVAL. Appendix 1 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS ANDREW R. FOX APPOINTED AS COUNTY ATTORNEY Supervisor Wells moved that the Board appoint Andrew R. Fox as County Attorney, with his employment start date designated as October 20, 2025. The motion, seconded by Supervisor Jewell, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant Andrew Fox thanked the Board for his appointment and said he was looking forward to serving as the County Attorney. JASON AIKENS APPOINTED AS GAINESBORO DISTRICT SUPERVISOR Supervisor Wells moved that the Board appoint Jason Aikens as the Gainesboro District Supervisor to serve until the Special Election on November 3,2026. The motion,seconded by Supervisor Jewell, carried on the following recorded vote: Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 100 Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant JOHN JEWELL APPOINTED AS CHAIRMAN AT-LARGE As applicants for the open Chairman's seat, Supervisors Dunn and Jewell recused themselves and left the meeting room. Supervisor Wells moved that the Board appoint John Jewell to fill the seat of Chairman At-Large until the Special Election on November 3,2026, effective October 15,2025,to allow him time to resign his currently elected seat and be sworn in as Chairman. The motion, seconded by Supervisor Liero, carried on the following recorded vote: Blaine P. Dunn Recused Robert T. Liero Aye John F. Jewell Recused Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant Supervisors Dunn and Jewell returned to the meeting room. Acting Chairman Slaughter noted that the Board had appointed Supervisor Jewell as Chairman At- Large. She recognized County Administrator Bollhoefer, who reviewed the suggested timeline for receiving applications and appointing someone to fill the vacant Back Creek District seat following the appointment of Supervisor Jewell as Chairman. By consensus,the Board agreed to follow the suggested timeline and receive applications from October 16-30, 2025. APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS PATRICIA SCHEULEN-FERRELL REAPPOINTED TO CONSERVATION EASEMENT AUTHORITY Acting Chairman Slaughter moved to reappoint Patricia Scheulen-Ferrell to the Conservation Easement Authority for a 3-year term ending October 12, 2028. The motion, seconded by Supervisor Wells, carried on a voice vote. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 101 KENNETH BAKER REAPPOINTED TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE Supervisor Jewell moved to reappoint Kenneth Baker to the Shawneeland Sanitary District Advisory Committee for a 2-year term ending October 25, 2027. The motion, seconded by Supervisor Liero, carried on a voice vote. + + + + + + + + + + + + + + COMMITTEE BUSINESS TRANSPORTATION COMMITTEE RECOMMENDATIONS APPROVED Supervisor Jewell moved that the Board of Supervisors authorize Staff to convert Welltown Road and Crown Lane into One-way Pair as an alternative to address the intersection improvements from the Diverging Diamond Intersections that had previously been submitted. The motion, seconded by Supervisor Liero, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant Supervisor Jewell moved that the Board of Supervisors authorize Staff to cancel the Inverlee Way Pedestrian and Valley Mill Road Pedestrian upgrade projects and continue with the Warrior Drive multi-use path project. The motion, seconded by Supervisor Liero, carried on a voice vote. PUBLIC HEARINGS (NON-PLANNING ISSUES) ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION, ARTICLE XIV TRANSIENT OCCUPANCY TAX, §155-50 DEFINITIONS, §155-54—APPROVED The proposed changes include the introduction of more encompassing and modern terms in the definitions section of the Code, as well as other general updates of terminology in the Code. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 102 Acting Chairman Slaughter opened the public comment period. No one addressed the Board. Acting Chairman Slaughter closed the public comment period. Supervisor Liero moved to approve the ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION,ARTICLE XIV TRANSIENT OCCUPANCY TAX, §155-50 DEFINITIONS, 155-54. The motion, seconded by Supervisor Wells, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant ORDINANCE October 8,2025 The Board of Supervisors of Frederick Comity, Virginia hereby ordains that the followiug Sectious of Article XIV (Transient Occupancy Tax)of Chapter 155(Taxation)of the Code of Frederick County,Virginia be amended by ennacting ameuded Sectious of Article XIV (Transient Occupancy Tax) of Chapter 155 (Taxation) of the Code of Frederick Comity, Virginia, as follows(addition shown iu bold undetline):Sectiou 155-50(Definitions);Sectiou 155-54(Collectious iu trust for County);Sectiou 155-55(Required reports,remittances);Section 155-56(Powers and duties of Commissiouer of Revenue);Sectiou 155-58(Failure to collect or remit tax); Sectiou 155-59 (Preservatiou of records, examivatiou);Sectiou 155-60(Persous going out of business); and Sectiou 155-61 (Enforcement). Chapter 155.Taxatiou Article XIV.Trausieut Occupancy Tax [Adopted 7-10-1985(Ch.9,Art.XVI,of the 1984 Frederick County Code);amended in its eutirety 8-28-1985] § 155-50.Definitions. For the purpose of this article,the following words and phrases shall have the meanings respectively ascribed to them by this sectiou: CONMSSIONER OF THE REVENUE OR CONDMSIONER The Commissiouer of the Revenue of the County of Frederick,Virginia,or any of his duly authorized Deputies or Ageuts or successors. MOTEL other b b of ledgiag f6r paiy itidividual or b at > Paid the wAiter paid ACCOMMODAMNS Meansanytoom ormoms lodlgjbgs,otaccommodadonsin anyhotel,motel,boatdinghovses,travel camp,Qmunds,inn,tourist cabin,chub,short term rental,or any other place offetrng,ouesttoomstmted out fot continuous oceupancyforfewer than 30 cameculive days orm which roams lodgm space,oraccammodati. are regularly furnished to&=dcn&AT a coa dderatiaa, 'Accommod dbw"doaaotmchde rooms arspace offered by a pman m the business ofprovidiao canference moms,meelrn� space,or eventbpaceif the pman does not also offettoomsavxWle for oyemightslmpm ACCOMMODA2YONSEMMAIMURY Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 103 Means any person other dw an accommodations providerthat(V facilitates the sate ofan accommodation and o either(a) charges a roam charge to the customer,and charges an accommodabonsfee to the customer, which fee itretams as compensation for facilitating the sate,•th)collects a room charge from die customer;or U charges afee other than an accommodations fee to the customer, which fee itrebms as compensation forfacilitat a the sale.For purposes ofthis definition, "facilitates the sale" includes brokermg,coordinating,arm any other way arranging far the purchase of9wnght to use accommodations via a tramsactiem dirxd:mcAdwK via one ormare Paymentprocessors,between a customer and an accommodations provider: 'Accommodatiemsmtermediary"doesnotmchide a persam; 1.Ifthe accommodations are provided by an accommodations provider operating undera trademark,bade name or service mark belonging to such person; 2. Who facilitates the sate ofan accommodation if(i)the price paid bYthe customer to such person is equal to the price paid by such person to the accommodations ptovidetfot the use ofthe accommodations and(ii the only compensation received bysuch person fotfacilitating the sale of the accommodation is a commission p&dffom the accommodations provider to such person;or 3. Who is licensed as a real estate licensee pursuant to Article I(b 5412100 etsey.,)of Chapter21 of Title 54.1. when acting within the scope ofsuch license. ACCOMMODAMNSPROMER Means any person tbatf rashes accommodations to the gendal public fot compensation. The term°°furnishes"includes the sale of use arpossession ar the We of Meng&to use or possess PERSON Includes individuals,firms,partnerships,associations,corporations,persons acting in representative capacity and combinations of individuals of whatever form and character as an accommodations provider ROOM RENTAL The total charge made by any such accommodation 444etel for lodging and/or space furnished any such transient.If the charge made to such transient includes any charge for services or accommodations in addition to that of lodging and/or use of space, then such portion of the total charge as represents only room and/or space rental shall be distinctly set out and billed to such transient by such accommodation mRtsl as a separate item. TRANSIENT Any person who,for any period of fewe ietnie e,than 30 consecutive days,either at his own expense or at the expense of another,obtains lodging or the use of any space in any accommodation taetel,as hereinabove defined,for which lodging or use of space a charge is made. § 155-51.Tax imposed. [Amended 4-12-1989;3-23-2016;4-10-2019] In addition to all other taxes of every kind now or hereafter imposed by law,there is hereby imposed and levied on each and every transient a tax equivalent to 3.5%of the total amount paid for room rental by or for any such transient to any accommodation metel. § 155-54.Collections in trust for County. All amounts collected as taxes under this article shall be deemed to be held in trust by the accommodations proyidetseller collecting them until remitted to the County as provided by this article. § 155-55.Required reports;remittances. A. Every accommodation pirrviderper-so receiving payment for a room rental for which a tax is levied under this article shall make a report for each calendar month,showing the amount of charges collected for room rental and the amount of tax required to be collected. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 104 B. Unless the accommodation Arovideris sublect to Subsection(C)below,&e 4he monthly reports shall be made on forms prescribed by the Commissioner and shall be signed by the seller.They shall be delivered to the Commissioner on or before the 20th day of the calendar month following the month being reported.Each report shall be accompanied by a remittance of the amount of tax due,made payable to the County Treasurer.The Commissioner shall promptly transmit all taxes received to the County Treasurer. C. An accommodations ptovidershall not be terluited to submita repott to the Commission&ofthe Revenue if(i)all feted sales of accommodations owned by the accommodations providerare facilitated by an accommodations 1 tz wire and Of the accommodatians provider attests to the locality Slat all such sales are fac lrMWbyan accommodations intermediary.Such attestation shall be effective for 12 months beQinnin_z w7ib the month m which the attestation is made. Thereafter,Such attestation shall be due annually on a date determined bythe Commissioner ofthe Revenue,on such forms and m such manneras the Commissioner of the Revenue mayptesctlbe andteguite.However,such accommodations provider shallmake out andsubmit a reportm accardance with the subsection fur&cir&d sale ofanyaccommodations notfacOated by an accommodations mtermedrary andshall remitsuch tax otberwise required by Title 58,I Ta radon Chapter38Miscellaneous Taxed Article 6oftbe Virginia State Code. § 155-56.Powers and duties of Commissioner of Revenue. A. It shall be the duty of the Commissioner of the Revenue to ascertain the name of every person operating an accommodadon motel in the County liable for the collection of the tax levied in this article. B. The Commissioner shall have the power to adopt rules and regulations not inconsistent with the provisions of this article for the purpose of carrying out and enforcing the payment,collection and remittance of the tax herein levied,and a copy of such rules and regulations shall be on file and available for public examination in the County Administrator's office.Failure or refusal to comply with any rules and regulations promulgated under this section shall be deemed a violation of this article. § 155-58.Failure to collector remit tax. [Amended 1-9-2013] A. If any accommodation ptoyiderper-seH whose duty it is to do so shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof or if the Commissioner of the Revenue has reasonable cause to believe that an erroneous statement has been filed,the Commissioner shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due the County and,in connection therewith,shall make such investigations and take such testimony and other evidence as may be necessary;provided,however,that notice and opportunity to be heard shall be given any person who may become liable for the amount owing prior to any determination by the Commissioner of the Revenue. B. As soon as the Commissioner has procured whatever facts and information may be obtainable upon which to base the assessment of any tax payable by any accommodation providetwho has failed to collect,report or remit such tax,the Commissioner shall proceed to determine and assess against such accommodations ptovidetper-seH the tax provided in this article.The Commissioner shall then notify the person,by regular mail or,if the person has consented to electronic notice,by e-mail,sent to his or her last known address on file,that a statutory amount has been assessed due to failure to file and that he or she must contact the Treasurer to obtain the total amount due,including the assessed amount of penalty and interest.The total amount thereof shall be payable 10 days after the date such notice is given.If a corrected assessment is provided to the Commissioner, the statutorily assessed tax,penalty,and interest would be adjusted. § 155-59.Preservation of records;examination. [Amended 1-9-2013] Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 105 A. It shall be the duty of every person liable for collection aid remittance of the taxes imposed by this article to keep aid preserve, for the curreit year and the previous three years,records showing all room reftals taxable under this article,the amount charged for each room rested,the date thereof,the taxes collected thereof aid the amount of tax required to be collected by this article. B. The Commissiofer shall have the power to examine such records at reasofable times mud without mureasofable iuuterferefce with the business of such accommodadba pmviderperseu3,for the purpose of admiuuisteriuug aid euuforeiuug the provisions of this article aid to make transcripts of all or any parts thereof. § 155-60.Persous goiuug out ofbusiuuess. Whefever any accommodation Dinyidetpersefrrequired to collect aid remit to the Comity any tax imposed by this article shall cease to operate or shall otherwise dispose of his or her business,the tax shall immediately become due and payable and the person shall immediately make a report and remittance thereof. § 155-61.Enforcement. A. It shall be the duty of the Commissiofer to ascertain the fame of every person operating an accommodation 444etel in the Comity liable for the collection of the tax imposed by this article who fails,refiuses or neglects to collect such tax or to make the reports aid remittances required by this article.The Commissiouer may have issued a summons for such person or any other person whom the Commissiofer believes to have iuuformatiouu couceming the collection of the tax imposed by this article aid/or the uuouupaymeuut of such tax or uuoffiliuug of the reports required by this article,aid the sununuous may be served upon such person by the Sheriff of Frederick County nu the maiuuuer provided by law. [Amended 1-9-2013] B. hi the eveft any person who has rented a room refiuses to pay the tax imposed by this article,the a=ninv&don el employee ou duty may call upon the Sheriffs Departnueut for assistance,aid the investigating officer may,whet probable cause exists, issue the person who has rented the room a summons retainable to the General District Court as provided by law. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS— None PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS— None + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Wells said the Public Safety Committee will meet next in January 2026 and will receive updates on new fire station 22, the public radio system project, and school zone speed camera options. Supervisor Liero provided an update from the Planning Commission, including the review for the NextEra Energy Transmission (Woodside Substation). He said the Planning Commission determined that the request was in compliance with the County's Comprehensive Plan. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 106 CITIZEN COMMENTS The following spoke in opposition to the Planning Commission's determination that the NextEra Energy Transmission (Woodside Substation) project was in compliance with the County's Comprehensive Plan: David Dixon, Stonewall District Theresa Ghiorzi, Loudoun County resident Alfred Ghiorzi, Lovettsville resident Jennifer Smith, Stonewall District Jeshua Branch, Stonewall District Shannon Robine, Stonewall District Shane Robine, Stonewall District Jennifer Omps, Stonewall District Peter Hart, Stonewall District Joseph Emanuele, Stonewall District Jenise Dixon, Stonewall District Leslie Spencer, Gainesboro District Doug Madigan, Stonewall District Joe Crane, Gainesboro District resident and applicant for the Board's Gainesboro seat, said he supported the appointment of Jason Aikens as the Gainesboro District Supervisor. BOARD OF SUPERVISORS COMMENTS Several Board members commented on the NextEra Energy Transmission (Woodside Substation), and they discussed with Planning Director Wyatt Pearson the desire for the residents to have heard more about the specifics of the project. By consensus, the Board directed Mr. Pearson to request that NextEra meet with the affected residents to provide further information. Supervisor Dunn encouraged all of the applicants for the Gainesboro District seat to run for election to allow residents to choose their representative. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 107 Supervisor Jewell thanked his fellow Board members for their confidence and support in choosing him as the Chairman. ADJOURN On motion of Supervisor Wells, seconded by Supervisor Jewell, the meeting was adjourned at 8:17 p.m. John F. Jewell Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 108 Board of Supervisors Meeting Minutes of October 8, 2025 - Appendix 1 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, September 22, 2025 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: John Jewell, Chair (Voting), Mollie Brannon (Voting), Robert Liero (Voting) and Brandon Monk(Voting) Committee Members Absent: Donald Capps (Voting) Staff Present: John Bishop,Assistant Director, and Kathy Smith ITEMS REQUIRING ACTION BY THE BOARD OF SUPERVISORS Exit 317 Interchange Project- VDOT Presentation of Progress, Study and Alternatives: An overview for the consideration of modifications to two arterial intersections adjacent to the 181 Exit 317 interchange at Route 11 at Crown Lane and Route 11 at Welltown Road was presented by VDOT Staff. The need for the intersection modification is to mitigate the Route 11 congestion impacts with the 181 Exit 317 project. The impact of the Diverging Diamond Intersection that was identified in future year's traffic analysis will be over capacity by 2030. VDOT is seeking approval to convert Welltown Road and Crown Lane into a One-way Pair to handle the traffic congestion. VDOT will be seeking local and MPO funding if concurrence on the project as it moves forward and will seek approval of the Smart Scale change. The Committee recommends the Board of Supervisors authorize Staff to convert Welltown Road and Crown Lane into One-way Pair as an alternative to address the intersection improvements from the Diverging Diamond Intersections that had previously been submitted. Transportation Alternatives Program Projects — Update and Action on 2024 Awards: Staff updated the Committee on the 2024 Commonwealth Transportation Board awarded to the County for funding on all three of the County's 2023 Transportation Alternatives Program project applications.The projects are Warrior Drive Multiuse Path, Inverlee Way Pedestrian upgrades and Valley Mill Road Pedestrian Upgrades. Staff explained the recent update of cost with inflation for each of these projects that have resulted in shortfalls. After much discussion, Staff recommend cancelling the Inverlee Way Pedestrian upgrades and Valley Mill Road Pedestrian projects for now in order to focus on refining alternatives for potential future re-application of those projects and continue with just the Warrior Drive multiuse path project. The Committee recommends the Board of Supervisors authorize Staff to cancel the Inverlee Way Pedestrian and Valley Mill Road Pedestrian upgrade projects and continue with the Warrior Drive multiuse path project. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia 109 ITEMS FOR INFORMATION ONLY: County Project Updates: Renaissance Drive:The roadway was opened to traffic on July 18. Work will continue to finalize the closure of the Springdale Road rail crossing. Other:Transportation Forum:The Committee recommends that the Staff proceed with having a Transportation Forum as it is useful to the Community. The Airport was suggested as a venue. Comprehensive Plan Update:The first rounds of meetings for the Comprehensive Plan update are underway. This year the full model of the regional plan will be utilized. Raven Point Truck Restriction: Staff received a request for tractor-trailer restriction within the subdivision of the Raven Point. They are fearful with the completion of the One Logistics warehouse it will increase the potential truck traffic within the neighborhood. Staff gave a brief update on the legislative requirements. After much discussion, the Committee recommends not forwarding the request to the Board of Supervisors. Minute Book 51 Board of Supervisors Regular Meeting of October 8,2025 County of Frederick,Virginia