HomeMy WebLinkAboutMarch 25 2026 Regular Meeting Minutes 283
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 25, 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; Karen Vacchio, Public Information Officer; Wyatt Pearson, Planning
Director; John Bishop, Assistant Director of Planning; Sharon Kibler, Finance Director; Tonya Sibert,
Commissioner of the Revenue; Rich Venskoske, Director of Elections/General Registrar; Missi Neal, Risk
Manager/Budget Analyst; Stacy Herbaugh, Director of Parks and Recreation; 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 Ernie Poland of Second Opequon Presbyterian 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 Liero seconded the
motion, which carried on a voice vote.
CITIZEN COMMENTS
Elizabeth Aylor, Back Creek, spoke in favor of the Board holding a second data center public
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information forum.
Jennifer Frey, Opequon District, spoke in opposition to new data centers being permitted in the
County.
DeMarchi Spears, Back Creek District, said there must be other ways to address County fiscal
problems besides allowing data centers .
Tony Cole, Back Creek District, spoke in opposition to new data centers being permitted in the
County and said the Board should follow the Comprehensive Plan.
Erin Fox, Back Creek District, said she was glad that any data center would have to go through the
Conditional Use Permit process.
Kurt Creager, Back Creek District, reviewed the questions and comments received for the first data
center public information forum. He said the Board needs to address the issue of transparency surrounding
the data center question.
Alexander Ritter, Opequon District, said the Board was insisting that data centers would solve the
County's fiscal problems.
Willie Deutsch, Opequon District, spoke in opposition to battery energy storage systems in rural
areas.
Vickie Michaels, Stonewall District, said she was disappointed that the second data center forum
had been canceled because she had planned to attend.
Sharon Plumber, Back Creek, spoke in opposition to new data centers being permitted in the County.
Jack Tinlsey, Gainesboro District, spoke in opposition to new data centers being permitted in the
County.
Dody Stottlemyer, Shawnee District, suggested the Board could use Frederick County school
buildings to accommodate large attendance at a data center forum meeting.
Adam Perkins, Gainesboro District, noted the Board's goals listed on the County website, adding
that he has not seen the Board display a willingness to listen to constituents.
Leslie Spencer, Gainesboro District, said the issue of allowing data centers could be studied in the
next comprehensive plan update process in 2030. She spoke in opposition to industrial-scale battery storage
being permitted in rural areas.
Ron Harrison, Shawnee District, spoke in opposition to new data centers being permitted in the
County.
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ADOPTION OF CONSENT AGENDA—APPROVED
Vice Chairman Wells moved for the adoption of the consent agenda. Supervisor Guevremont
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 Work Session &Regular Meeting Minutes of March 11, 2026- CONSENT AGENDA APPROVAL
-Approval of Closed Session Minutes of March 18, 2026 - CONSENT AGENDA APPROVAL
-Acceptance of Human Resources Committee Meeting of March 13, 2026- CONSENT AGENDA APPROVAL,
Appendix 1
-Approval of Human Resource Committee Business:Approval of Requested Zoning&Planner Career
Ladder Salary Administration Program Changes: Addition of the following classifications to
the Planning & Development Department: Planning Technician I, Planning Technician II,
Zoning Inspector I, Zoning Inspector II, and Deputy Zoning Administrator - CONSENT AGENDA
APPROVAL
-Acceptance of Parks & Recreation Commission Report of March 10, 2026, CONSENT AGENDA APPROVAL,
Appendix 2
-Acceptance of Finance Committee Report of March 18, 2026,- CONSENT AGENDAAPPROVAL,Appendix 3
- Finance Committee Business: The Parks & Recreation Director requests a $900 General Fund
supplemental appropriation representing a donation for a memorial bench at Sherando
Park. - CONSENT AGENDA APPROVAL
-Finance Committee Business: The Sheriff requests a $25,700.44 General Fund supplemental
appropriation representing auto insurance claims.-CONSENT AGENDA APPROVAL
- Finance Committee Business: The Director of Elections requests a $54,200 General Fund
supplemental appropriation representing funds necessary to conduct the April 2026
Special Election-CONSENT AGENDA APPROVAL
- Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation:
Winchester Anesthesiologists INC.- $10,136.75- CONSENT AGENDA APPROVAL
-Appointment of Joe Strong, Director of Student Support Services for Frederick County Public
Schools (FCPS), as an additional representative to the Frederick County Community Policy
and Management Team (CPMT). - CONSENT AGENDA APPROVAL
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- Resolution Designating Patricia Scheulen-Ferrell as the Freedom of Information Act(FOIA) Officer
for the County of Frederick -CONSENT AGENDA APPROVAL
RESOLUTION
DESIGNATING VIRGINIA FREEDOM OF INFORMATION ACT OFFICER
FOR THE COUNTY OF FREDERICK,VIRGINIA
WHEREAS,the Virginia Freedom of Information Act(FOIA),located at§ 2.2-3700 et seq. of the Code of Virginia,
guarantees citizens of the Commonwealth and representatives of the media access to public records held by public
bodies,public officials,and public employees; and,
WHEREAS,the policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons
of governmental activities; and,
WHEREAS,the Virginia General Assembly on April 20,2016,approved amendments to the Freedom of Information
Act(FOIA), §§2.2-3704.1 and 2.2-3704.2; and,
WHEREAS,the revised statute requires all local public bodies that are subject to the provisions of§ 2.2-3700 et seq.
of the Code of Virginia identify one or more Freedom of Information Act officers whose responsibility is to serve as
a point of contact for members of the public in requesting public records and to coordinate the public body's
compliance with the provisions of the Virginia Freedom of Information Act; and
WHEREAS,Karen Vacchio,who has served as the FOIA Officer since her appointment in May 2016,is retiring after
30 years of service to Frederick County.
NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors of the County of Frederick,Virginia,hereby
designates Patricia Scheulen-Ferrell as the Freedom of Information Act Officer,effective April 1,2026.
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BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS
ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155 TAXATION,
ARTICLE III SENIOR CITIZENS AND DISABLED PERSONS EXEMPTION AND DEFERRAL,
SECTION 155-20 CALCULATION OF AMOUNT OF EXEMPTION -APPROVED
County Attorney Andrew Fox explained the draft Ordinance Amendment, saying it will increase the
income limits for qualification for the senior citizens and disabled persons' real estate tax exemption. He said
the updated threshold amounts reflect cost-of-living increases in Social Security that could cause participants
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to be disqualified or experience a lower level of exemption if the County's thresholds were not adjusted
accordingly.
The Board and the Commissioner of the Revenue, Tonya Sibert, discussed publicizing the change
in income brackets.
Supervisor Orndorff moved that the Board adopt the draft Ordinance to Amend the Frederick County
Code, Chapter 155 Taxation, Article III Senior Citizens and Disabled Persons Exemption and Deferral,
Section 155-20 Calculation Of Amount Of Exemption.The motion,seconded by Vice Chairman Wells, 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
ORDINANCE
March 25,2026
The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 155-20(Calculation of
amount of exemption) of Article III(Senior Citizens and Disabled Persons Exemption and Deferral) of Chapter 155
(Taxation) of the Code of Frederick County,Virginia be, and the same hereby is, amended by enacting an amended
Section 155-20(Calculation of amount of exemption)of Article III(Senior Citizens and Disabled Persons Exemption
and Deferral) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions shown in
bold edV-sugh and additions shown in bold underline):
CHAPTER 155 TAXATION
Article III Senior Citizens and Disabled Persons Exemption and Deferral
§ 155-20 Calculation of amount of exemption.
The amount of the exemption granted pursuant to this article shall be a percentage of the real estate tax assessed for
the applicable taxable year in accordance with the following scale:
Total Combined Income Percentage of Exemption
$0 to$225400.00$23,700 100%
$225400.01 $23,700.01 to$28,000.00$29,500 60%
$28,000.01 $29,500.01 to$33,600.00$35,500 35%
$33,600.1$35,500.01 to$56,000.00$59,000 10%
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NEXT DATA CENTER PUBLIC INFORMATION FORUM—SCHEDULING APPROVED
Planning Director Wyatt Pearson reviewed the options for the format of the second data center public
information forum, and the Board discussed the options.
Supervisor Aikens said he wanted to hold the forum and wanted to be able to listen to those speaking.
Supervisor Oates said smaller groups of attendees allow the Board to gather more information.
Supervisor Guevremont agreed that smaller groups work better than a large forum.
Chairman Jewell suggested that the panelists speak for no longer than 30 minutes total and then
take questions from the public.
By consensus, the Board directed staff to schedule the data center information forum.
APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None
COMMITTEE BUSINESS—None
PUBLIC HEARINGS (NON PLANNING ISSUES)
FISCAL YEAR 2026-2027 BUDGET
County Administrator Michael Bollhoefer presented information on the proposed budget for FY 2026-
2027.
Chairman Jewell opened the public comment period.
Jimmy Roberts of Seniors First requested level funding for his service organization.
Ellen Harrison of the Northwestern Community Service Board reviewed the services offered by her
Board and requested level funding.
Adam Stein, Opequon District, said he was a band parent and booster and requested that the Board
fully fund the budget request from Frederick County Public Schools.
Jay Marts, Gainesboro District, said he had hoped to see spending reductions in the proposed
budget.
Clay Perry, Back Creek District, discussed the lowering of the tax rate in previous years, saying it
had been lowered too far. He spoke in support of the proposed real estate tax rate increase.
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Isabela Collegeman and Gavin Flynn, Red Bud District, said they were high school students and
asked that the school budget be fully funded.
Oliver Tarbell, Opequon District, shared statements from others regarding funding for band programs
in the County's schools.
Vaughn Whitacre, Gainesboro District, said there should be a 10% funding cut in all departments,
and primary residences should not be subject to the real estate tax.
Patricia Strother, Back Creek District, asked the Board to fully fund the School Board's budget
request in order to keep successful programs like band.
Sierra Strother, Back Creek District, asked the Board to fully fund the School Board's budget request
in order to keep successful programs like band.
Kaydynce Thompson and Xavier Saunders, Opequon District, said they were Sherando High School
Band members and asked that the school budget be fully funded.
Elizabeth Aylor, Back Creek District, said she was happy with the budget and supported the proposed
five-cent real estate tax increase.
Tyler Indie, Sherando Band Director, shared statements from others regarding funding for band
programs in the County's schools.
Amber Flynn, Opequon District, spoke in support of school funding for extracurricular activities.
Willie Deutsch, Opequon District, asked for consistency in tax rates and discussed the budget
shortfall and the tax rates for data centers.
Leslie Spencer, Gainesboro District, congratulated the Board on the budget presentation and spoke
in support of school funding.
Jack Tinsley, Gainesboro District, said the Board's work on the budget was impressive. He
commended the Band students for speaking at the meeting.
Chairman Jewell closed the public comment period.
Supervisor Oates said he was proud of the Board's work on the budget, which included a lot of cuts.
Supervisor Orndorff said he was happy with where the budget landed.
Vice Chairman Wells thanked the County Administrator for the budget presentation and said the
Board had done good work.
Supervisor Aikens concurred, adding that the Board needs a policy for acquiring fire apparatus.
Supervisor Guevremont said he supported the proposed tax rates and that the County needs to pay
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its employees competitive wages.
Chairman Jewell praised the budget presentation. He said the Board loves its community and is
working to make up for past missteps.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None
PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS
ORDINANCE AMENDMENT - BATTERY STORAGE —SENT FORWARD TO PUBLIC HEARING
Planning Director Wyatt Pearson explained the proposal to amend Chapter 165 - Zoning
Ordinance to allow Battery Energy Storage Systems with a Conditional Use Permit in the Industrial
Zoning Districts and the Rural Areas (RA) Zoning District, including the option to establish additional
regulations for specific use. He said a potential definition for this use is as follows: "Battery energy
storage system means one or more devices, individually or assembled together, capable of collecting
and storing energy to distribute electricity at a future time, provided the storage system is a primary use
on the property."
Supervisor Oates said the site in question is zoned for mining, is next to a substation, and
this proposal will help with brownouts.
Supervisor Oates moved to approve the resolution directing the Planning Commission to
hold a public hearing on the proposed amendments. Supervisor Guevremont seconded the motion.
The Board discussed the proposed ordinance amendment.
The motion carried on a recorded vote as follows:
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
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
CHAPTER 165,ZONING ORDINANCE
CHAPTER 165
ZONING ORDINANCE
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ARTICLE II SUPPLEMENTARY USE REGULATIONS;PARKING;BUFFERS;AND REGULATIONS FOR
SPECIFIC USES
ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS
ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS
WHEREAS,a proposal was received to amend Chapter 165—Zoning Ordinance to allow Battery Energy Storage
Systems with a Conditional Use Permit in the Industrial zoning districts and the Rural Areas zoning district,and to
establish additional regulations for the specific use; and
WHEREAS,the proposed amendment will be referred to the Development Review and Regulations Committee
(DRRC)for review at their next regular meeting; and
WHEREAS,the Board of Supervisors discussed the proposed changes on March 25,2026;and
WHEREAS,the Frederick County Board of Supervisors finds it appropriate in public necessity,convenience,
general welfare,and good zoning practice to direct the Frederick County Planning Commission to hold a public
hearing regarding an amendment to Chapter 165;
NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors,that in the interest of
public health,safety,general welfare,and good zoning practice,the Frederick County Planning Commission hold a
public hearing to consider changes to Chapter 165 Article 11,IV,and VI to allow for Battery Energy Storage
Systems with a Conditional Use Permit and additional regulations for the use.
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BOARD LIAISON REPORTS
Supervisor Orndorff provided an update from the Planning Commission.
Supervisor Aikens provided updates from the EDA and the Tourism Board.
Chairman Jewell provided an update from the Transportation Committee.
CITIZEN COMMENTS
Kurt Creager, Back Creek District, discussed the proposed ordinance amendment regarding battery
storage. He said the Board should seek proffers for industrial-scale fire stations from those wanting to use
the ordinance, and that battery storage should be studied as part of the comprehensive plan update and not
granted by a conditional use permit.
Elizabeth Aylor, Back Creek District, said there is a need for a disaster preparedness plan for the
electricity grid.
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Willie Deutsch, Opequon District, announced a private citizens-sponsored data center information
meeting.
Alexander Ritter, Opequon District, discussed earlier comments from Supervisors Aikens and Oates.
BOARD OF SUPERVISORS COMMENTS
Supervisor Omclorff discussed his recent attendance at the Greater Good Awards. He noted the
ongoing war in Iran and asked everyone to support our troops.
Supervisor Aikens noted the earlier discussion about data centers. He said transparency is important,
noting he had no dealings with data center developers, adding that the Board has lost the community's trust.
He clarified that the Board members are not selling farmland. He said that farmers may be selling farmland
and noted that he believes in landowners' rights.
Vice Chairman Wells said he has a position paper regarding data centers and will share it if anyone
wishes to have it.
ADJOURN
On motion of Vice Chairman Wells, seconded by Chairman Jewell, the meeting was adjourned at
9:31 p.m.
John F. Jewell 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 March 25, 2026 - Appendix 1
HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS
Friday, March 13,2026
9:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Human Resources Committee meeting was held on the First Floor Conference Room at 107 North Kent Street on
Friday, March 13,2026,at 8:45 a.m.
ATTENDEES:
Committee Members Present: Mike Guevremont,Jason Aikens,Sonia Marfatia-Goode,and Patrick
Anderson.
Committee Members Absent: Robert T. Liero
Staff present: Mike Bollhoefer,County Administrator;Jay Tibbs, Deputy County Administrator;Andrew
Fox,County Attorney; Michael Marciano, HR Director;Arianna Vahsen-Crosby, HR Generalist—Training&
Development and Data Analytics;Wyatt Pearson, Planning Director;Tonya Sibert,Commissioner of
Revenue;and Delsie Jobe,Administrative Services Manager.
ITEMS REQUIRING ACTION BY THE BOARD OF SUPERVISORS
Request for Zoning& Planner Career Ladder Salary Administration Program Changes—
Planning Technician I—II,Zoning Inspector I—II &Deputy Zoning Administrator
Planning Director Wyatt Pearson presented a proposal to add the following classifications to the Planning&
Development Department: Planning Technician I, Planning Technician II,Zoning Inspector I,Zoning Inspector II,and
Deputy Zoning Administrator. No funding is requested at this time,and no changes are proposed to existing
positions.
The request is tied to the department's continued transition toward digital records management and online
application submissions.As these processes expand,traditional clerical tasks have declined while planner-related
functions and customer service demands have increased.The proposed Planning Technician classifications would
provide flexibility to upskill support staff to assist with land use applications and respond to planning and zoning
inquiries, helping balance workloads in a cost-efficient manner.
The proposed two-tier structure for Zoning Inspector I and II would provide greater flexibility when recruiting
candidates with varying levels of experience.The proposed Deputy Zoning Administrator position is intended to
support succession planning and provide operational depth due to the volume of work handled by the Zoning
Administrator.The Planning Director is not requesting authorization to fill or fund any of these positions at this
time.
Proposed Amendment to Salary Administrative Program
Title Department Range Salary Range
PLANNING TECHNICIAN I PLANNING& DEVELOPMENT 208 $42,080 to$69,357
PLANNING TECHNICIAN II PLANNING& DEVELOPMENT 209 $44,185 to$72,825
ZONING INSPECTOR I PLANNING& DEVELOPMENT 215 $59,211 to$97,592
ZONING INSPECTOR II PLANNING& DEVELOPMENT 216 $62,172 to$102,471
DEPUTY ZONING ADMINISTRATOR PLANNING& DEVELOPMENT 217 $65,280 to$107,595
The committee recommends approval,4 in favor&0 against.
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ITEMS FOR INFORMATION PURPOSES ONLY
The HR Committee reviewed Turnover Ratio charts for Frederick County and the Department of Social Services
covering the period January 2025 through December 2025. For the next meeting,the Committee requested a
breakdown of the reasons employees are leaving the Sheriff's Office and Fire& Rescue Department, in addition to
the overall separation data already being reported.
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Robert Liero,Chairman
Jason Aikens
Michael Guevremont
Patrick Anderson
Sonia Marfatia-Goode
By
Michael J. Marciano, Director of Human Resources
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Board of Supervisors Meeting Minutes of March 25, 2026 - Appendix 2
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Tuesday, March 10, 2026
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
The Parks and Recreation Commission met on Tuesday, March 10, 2026. Members present
were Gary Longerbeam, Dennis Grubbs,Jenny Myers, Patrick Anderson, Vaughn Whitacre,
Michael Stottlemyer, Randy Carter, Charles R. Sandy,Jr. (remote participation), and non-voting
Board Liaison, Mr. Robert Liero,
Members absent: None
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1. None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. New Commission members Charels R. Sandy, Jr. and Patrick Anderson were
introduced.
2. Program and project updates were provided by staff.
Cc: Jennifer Myers, Chairperson
Robert Liero, Liaison, Frederick County Board of Supervisors
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Board of Supervisors Meeting Minutes of March 25, 2026 - Appendix 3
REPORT & RECOMMENDATIONS
FINANCE COMMITTEE
WEDNESDAY, MARCH 18, 2026
8:30 AM
FIRST FLOOR CONFERENCE ROOM
107 NORTH KENT STREET
WINCHESTER, VA 22601
ATTENDEES
Committee Members Present: Gary Oates, Chairman; Al Orndorff; Jason Aikens; Angela
Wiseman; Chad DeHaven; and Don Price.
Non-Voting Liaison Present: Tonya Sibert, Commissioner of the Revenue.
Non-Voting Liaison Absent: William Orndoff, Treasurer.
Staff Present: Sharon Kibler, Assistant Finance Director; Missi Neal, Budget Analyst;
Michael Bollhoefer, County Administrator; John Jewell, BOS Chairman; Steve Hawkins,
Sheriff Major; Rich Venskoske, Director of Elections; Stacy Herbaugh, Parks &
Recreation Director; Melody Ramey, Payroll Manager; and Nicholas Pearson, Finance
Specialist.
Others Present: none.
A. Consent Agenda -The following item(s) could be considered on consent if the
committee chooses. All are 'no local funds required'.
The committee recommends approval of the consent agenda.
A.1. The Parks & Recreation Director requests a $900 General Fund supplemental
appropriation representing a donation for a memorial bench at Sherando
Park. No local funds required.
SH Memorial Bench FY 26.pdf
A.2. The Sheriff requests a $25,700.44 General Fund supplemental appropriation
representing auto insurance claims. No local funds required.
Sheriff Insurance Claims.pdf
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B. Discussion & Action Items -The following item(s) are presented for committee
discussion and action.
B.1. The Director of Elections requests a $54,200 General Fund supplemental
appropriation representing funds necessary to conduct the April 2026 Special
Election. Local funds are required.
The committee recommends approval.
Registrar April Special Election.pdf
C. Discussion Items (No Action Required) -The following item(s) are presented for
committee information and discussion and do not require formal action.
C.1. The County Administrator provided an update on the status of the remodeling
project at the Frederick County Voting Center.
Project scope and various procurement options were discussed. The
committee reached consensus to refine the scope and issue a bid for the
project that includes permitting and stamped drawings.
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