Loading...
HomeMy WebLinkAboutFebruary 11 2026 Regular Meeting Minutes 227 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 11, 2026 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: John F. Jewell, Chairman; Robert W. Wells, Vice Chairman; Robert T. Liero; Jason C. Aikens; Albert L. Orndorff; Michael D. Guevremont; and Gary R. Oates were present. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Andrew R. Fox, County Attorney; Wyatt Pearson, Planning Director; John Bishop, Assistant Director of Planning; Tyler Klein, Senior Planner; Joe Wilder, Director of Public Works; Stacy Herbaugh, Director of Parks and Recreation; 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 Chairman Jewell called the meeting to order at 7:00 p.m. INVOCATION Pastor Joel Flower of Lifehouse Shenandoah Church delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Wells moved for the adoption of the draft agenda. Supervisor Guevremont seconded the motion, which carried on a voice vote. CITIZEN COMMENTS - None + + + + + + + + + + + + + + Minute Book 51 Board of Supervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 228 ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Wells moved for the adoption of the consent agenda. Supervisor Aikens seconded the motion, which carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell,Chairman Aye -Approval of Minutes of Work Session and Regular Meeting of January 28, 2026 -CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session of February 4, 2026 - CONSENT AGENDA APPROVAL -Acceptance of Public Works Committee of January 27, 2026 - CONSENT AGENDA APPROVAL, Appendix 1 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: Warfel Construction Company-$35,097.77; Accurate Employment Screening, LLC- $84,244.34 —CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS COUNTY ADMINISTRATOR'S UPDATE: REFUNDING CALLABLE BONDS County Administrator Bollhoefer explained the notice from Virginia Resources Authority regarding the County's opportunity to save approximately $100,000 per year for the next 10 years by refunding (refinancing)three (3)outstanding loans. He said the upfront costs to accomplish this would be approximately $20,000 to $30,000 for bond counsel. By consensus, the Board directed staff to begin the process to refund/refinance the three outstanding loans. Minute Book 51 Board of Supervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 229 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS MONICA WILLIAMS REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD -APPROVED On motion of Supervisor Liero, seconded by Vice Chairman Wells, Monica Williams was reappointed on a voice vote to the Handley Regional Library Board for a four-year term ending February 23, 2030. JAY TIBBS REAPPOINTED TO OLD DOMINION COMMUNITY CRIMINAL JUSTICE BOARD— APPROVED On motion of Supervisor Omclorff,seconded by Supervisor Guevremont, Jay Tibbs was reappointed on a voice vote to the Old Dominion Community Criminal Justice Board for a new three-year term ending February 22, 2029. JAY TIBBS REAPPOINTED TO OLD DOMINION ASAP POLICY BOARD—APPROVED On motion of Supervisor Orndorff, seconded by Supervisor Guevremont, Jay Tibbs was reappointed on a voice vote to the Old Dominion ASAP Policy Board for a new three-year term ending February 22, 2029. + + + + + + + + + + + + + + COMMITTEE BUSINESS—None PUBLIC HEARINGS (NON PLANNING ISSUES)— None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #07-25 OF MADISON 277 (MADISON II, LLC) -APPROVED Senior Planner Tyler Klein reviewed the request to rezone one (1) parcel totaling approximately 149.02 acres from the RA (Rural Areas) Zoning District to the R4 (Residential Planned Community) Zoning District with proffers to enable the development of up to 596 residential units and approximately 30 acres of Minute Book 51 Board of Supervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 230 commercial development. He reviewed the updated proffers (dated February 10, 2026) just received from the Applicant. Chairman Jewell opened the public comment period. Jay Marts, Gainesboro District, spoke in opposition to the proposed rezoning, saying the County does not need more residential units. Mary Davis, Opequon District, spoke in opposition to the proposed rezoning, saying he appreciated the changes made by the Madison team, but that the project is not yet ready for approval. Steve Prader, Opequon District, spoke in opposition to the proposed rezoning, citing traffic concerns. Bill Moore, Opequon District, spoke in opposition to the proposed rezoning, citing concerns about the proposed development affecting the natural resources around Lake Frederick. Joe Crane, Gainesboro District, spoke in opposition to the proposed rezoning and asked the Board to vote no. Susan Watkins, Opequon District, spoke in opposition to the proposed rezoning, citing concerns about school overcrowding and water and electricity use. Blaine Dunn, Red Bud District, said the Board should approve the project if the proffers will address certain specific needs of the County. Elizabeth Peldunas, Opequon District, spoke in opposition to the proposed rezoning, asking what benefit to the County the new development will bring. Willie Deutsch, Opequon District, spoke in opposition to the proposed rezoning, saying the County does not need high-density residential development that will add to the road improvement needs. Leslie Spencer, Gainesboro District, spoke in opposition to the proposed rezoning. Chairman Jewell closed the public comment period. Supervisor Oates said his constituents are opposed to the project and he would not support the rezoning. The Board and staff discussed Valley Health's intention to build a medical facility on the portion of the parcel designated for medical uses. Craig George of Valley Engineering, representing the Applicant, said negotiations with Valley Health were ongoing and pending the rezoning. Supervisor Aikens discussed the housing market in the County, saying that the County is underserved by the housing supply. Chairman Jewell complimented the Planning Commission and the Planning Department staff for a Minute Book 51 Board of Supervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 231 job well done on the rezoning request. Vice Chairman Wells thanked the constituents who contacted him, the Planning Commission, the Planning Department staff, and the Applicant. He moved to support the recommendation of the Planning Commission and to approve the REZONING #07-25 OF MADISON 277 (MADISON II, LLC) as presented by staff. The motion, seconded by Supervisor Aikens, carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero No Albert L. Orndorff Aye Robert W.Wells Aye Gary R. Oates No Jason C.Aikens Aye John F. Jewell,Chairman Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#07-25 FOR MADISON 277 (MADISON II LLC) WHEREAS,REZONING#07-25 of Madison 277(Madison II,LLC)submitted to rezone 149.02+/-acres from RA(Rural Areas) Zoning District to the R4 (Residential Planned Community) Zoning District with proffers to develop residential and commercial uses. The property is located at 1702 Fairfax Pike, Stephens City and is identified by Property Identification Number 87-A-15 in the Opequon Magisterial District; and WHEREAS, the Frederick County Planning Commission held a work session on November 5, 2025, and took no action; and WHEREAS,the Frederick County Planning Commission held a public hearing on this rezoning on December 3,2025, and tabled action; and WHEREAS, the Frederick County Planning Commission discussed this rezoning on January 21, 2026, and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on February 11,2026; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of public health,safety,and welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended in accordance with Rezoning#07-25 of Madison 277(Madison II,LLC)submitted to rezone 149.02+/-acres from RA(Rural Areas)Zoning District to the R4(Residential Planned Community)Zoning District with proffers dated January 13,2026.The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + CAPITAL IMPROVEMENTS PLAN (CIP)2026-2031 -APPROVED Planning Director Wyatt Pearson said the CIP is intended to assist the Board of Supervisors in the preparation of the County budget by determining priorities for capital expenditures. He said the County must Minute Book 51 Board of Su pervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 232 also ensure that projects contained within the CIP conform to the Comprehensive Plan and are specifically reviewed with considerations regarding health, safety, and the general welfare of the public, and the policies of the Comprehensive Plan, adding that when the CIP is adopted, it becomes a component of the Comprehensive Plan with the intent of satisfying Virginia Code § 15.2-2232. Chairman Jewell opened the public comment period. Brayn Nuri, Opequon District, said the Joint Judicial Center, funded jointly by Winchester City and the County, needs important repairs and updating. Chairman Jewell closed the public comment period. Supervisor Oates thanked the Planning Commission for their work on the CIP and moved to approve the CAPITAL IMPROVEMENTS PLAN (CIP) 2026-2031. The motion, seconded by Supervisor Aikens, carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W.Wells Aye Gary R. Oates Aye Jason C.Aikens Aye John F. Jewell,Chairman Aye RESOLUTION ADOPTING THE 2026-2031 CAPITAL IMPROVEMENTS PLAN(CIP) WHEREAS,the Frederick County Comprehensive Plans and Programs Committee(CPPC)discussed the 2026-2031 Capital Improvements Plan(CIP) at their regular meeting on December 8,2025. 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 2026-2031 CIP at their regular meeting on January 21,2026, 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 held a public hearing and discussed the CIP at their regular meeting on February 11,2026,and WHEREAS,the Frederick County Board of Supervisors supports the priorities shown in the 2026-2031 CIP and has affirmed the determination of the Planning Commission that the projects contained in the CIP conform to the Comprehensive Plan; NOW,THEREFORE,BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the 2026-2031 CIP for Frederick County,Virginia as an element of the Comprehensive Plan. + + + + + + + + + + + + + + Minute Book 51 Board of Su pervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 233 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO SUPPLEMENTARY USE REGULATIONS FOR OUTDOOR LIGHTING CONTAINED IN 6165- 201.07 TO MODERNIZE OUTDOOR LIGHTING STANDARDS. —APPROVED Senior Planner Tyler Klein said the amendment was intended to address stated concerns regarding lighting levels and light trespass, particularly on residential and rural properties that adjoin industrial development. He said the purpose and intent was to make incremental changes to better implement desired lighting levels, incorporate best practices, where appropriate, and to maintain the business-friendly nature of the ordinance. Mr. Klein noted the public hearing had been held on December 10, 2025, and at that time, the Board postponed action on the ordinance amendment to allow staff time to modify the text to address the concerns expressed by the Board members and the citizens who spoke during the public hearing. He said staff made additional revisions to address Board comments (and subsequent comments received following the meeting from Board members) including: -Revisions to C(1) to clarify who may prepare lighting plans to include Professional Engineers (PE), in addition to qualified members for the National Council on Qualifications for the Lighting Professions (NCQLP), the American Lighting Association (ALA), or an accepted equivalent professional certification approved by the Zoning Administrator. -Revisions to D(1) to further define "high security areas" as "automated teller machines (ATMs), motor vehicle display areas, vehicle fuel station canopies, outdoor storage areas, and loading docks." -Removal of D(5), which was previously proposed (November 2025), extinguishing lights when not in use, to address stated concerns regarding the safety and security of properties and structures when not open to the public. Supervisor Aikens thanked the staff for the updates to the ordinance. Vice Chairman Wells moved to approve the ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE — MODIFICATIONS TO SUPPLEMENTARY USE REGULATIONS FOR OUTDOOR LIGHTING CONTAINED IN §165-201.07 TO MODERNIZE OUTDOOR LIGHTING STANDARDS. The motion, seconded by Supervisor Aikens, carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Minute Book 51 Board of Supervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 234 Gary R. Oates Aye Jason C.Aikens Aye John F. Jewell,Chairman Aye ORDINANCE TO AMEND CHAPTER 165 ARTICLE II SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR SPECIFIC USES PART 201 SUPPLEMENTARY USE REGULATIONS §165-201.07—OUTDOOR LIGHTING STANDARDS WHEREAS, a proposal to amend Chapter 165 — Zoning Ordinance to amend supplementary use regulations for outdoor lighting contained in §165-201.07 to: modernize outdoor lighting standards, review illumination levels, review photometric plan requirements and incorporate LED lighting standards; and WHEREAS, the Development Review and Regulations Committee (DRRC) met and discussed the proposed amendment at their September 25,2025,regular meeting; and WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on November 5, 2025,and recommended approval of the ordinance amendment; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on December 10,2025,and tabled action; WHEREAS,the Frederick County Board of Supervisors discussed this proposed ordinance amendment on February 11,2026; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health, safety, general welfare, and good zoning practice, the amendment to Chapter 165 — Zoning Ordinance to: modernize outdoor lighting standards, review illumination levels, review photometric plan requirements and incorporate LED lighting standards is adopted. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Supervisor Orndorff provided updates from the Shawneeland Sanitary District Advisory Committee, the Extension Leadership Council, and the Planning Commission. Supervisor Liero provided updates from the Social Services Board and the Transportation Committee. Supervisor Aikens provided an update from the Economic Development Authority. Minute Book 51 Board of Su pervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 235 CITIZEN COMMENTS Bryan Nuri, Opequon District, spoke in opposition to the 287G agreements regarding local law enforcement, in cooperation with federal authorities of Immigration and Customs Enforcement. Blaine Dunn, Red Bud District, defended the 287G agreements regarding local law enforcement. Leslie Spencer announced an upcoming meeting of her comprehensive plan work study group. She discussed her recent attendance at Chamber Day in Richmond. BOARD OF SUPERVISORS COMMENTS Supervisor Oates said he would follow up with the Sheriff regarding the 287G agreements and cooperation with federal authorities of Immigration and Customs Enforcement. Supervisor Guevremont commended Planning Director Pearson on his data center presentation at an event held earlier in the day. He said innovation and collaboration are key, and the County can't say no to everything. Chairman Jewell thanked everyone for their condolences and prayers upon the recent loss of his son. ADJOURN On motion of Vice Chairman Wells, seconded by Chairman Jewell, the meeting was adjourned at 8:32 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 February 11,2026 County of Frederick,Virginia 236 Board of Supervisors Meeting Minutes of February 11, 2026 - Appendix 1 JOINT PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday,January 27, 2026 9:00 a.m. Public Works Conference Room 107 NORTH KENT STREET, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Bob Wells, Chair;John Jewell; Al Orndorff; Kevin Kenney; Kris Tierney; Gary Longerbeam; Gene Fisher Committee Members Absent: Ed Strawsnyder Staff present:Joe C. Wilder, Director of Public Works; Andy Fox, County Attorney; Mark Fleet, Building Code Official;Jerry Elliott, Deputy Building Code Official;Jay Tibbs, Deputy County Administrator; Ron Kimble, Landfill Manager; Christina Tasker, Animal Shelter Manager; Mike Stewart, Project Manager, Gloria Puffinburger, Solid Waste Manager; Ben Whitlock Environmental Program Administrator; Alesha Rodriguez, Public Works Administrative Assistant (Attachment 1)Agenda Packet ITEMS FOR INFORMATION ONLY 1.The committee approved a request to have the PWC Meetings begin at 9:00 a.m. in the future. 2.The committee members and County staff introduced themselves and briefly discussed each other's backgrounds. 3. We discussed the status of the new Animal Shelter sign.The new sign has been ordered, and we anticipate construction in March or April 2026. The cost for the new sign is approximately$90,000.00 and is being paid for by donation funds. We discussed the on-going construction projects at the landfill. We are focusing our attention on development of the CDD landfill area 2. We have developed the stream diversion and will begin rough grading of new area 2 cell in the spring of this year. We will install bottom liner system in 2027.These projects will cost approximately$10 million dollars. Funds are available in the landfill budget. 4. We discussed the current proposed FY 2027 Public Works budget with committee members. We reviewed requests for new personnel and some of the capital requests. We also reviewed the development of the County's new MS4 stormwater program.This is a new program the County must administer in compliance with Virginia DEQ and USEPA requirements. Minute Book 51 Board of Su pervisors Regular Meeting of February 11,2026 County of Frederick,Virginia 237 We discussed the proposed FY 2026/2027 inspections permit fee schedule which includes an increase to most permit fees.The fee schedule has not been updated since 2014. We also discussed a potential increase in the state permit schedule for stormwater permits. The state is requesting additional revenue from the issuance of the stormwater permit. Frederick County will have additional revenue if the fee schedule is adopted by the state. Implementation of the state permit fee increase would be effective July 1, 2026. We need to update our stormwater ordinance, County Code Chapter 143, to implement proposed fee schedule increase. We will have additional discussion at our next committee meeting. Respectfully submitted, Public Works Committee Bob Wells John Jewell Al Orndorff Kris Tierney Gene Fisher Kevin Kenney Ed Strawsnyder Gary Longerbeam By: Joe C. Wilder Public Works Director JCW/amr Attachments: as stated cc: Michael Bollhoefer, County Administrator Jay Tibbs, Deputy County Administrator Andrew Fox, County Attorney Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Kevin Alderman, Shawneeland District Manager Christina Tasker, Animal Shelter Manager Mark Fleet, Building Code Official Jerry Elliott, Deputy Building Official file Minute Book 51 Board of Su pervisors Regular Meeting of February 11,2026 County of Frederick,Virginia