HomeMy WebLinkAboutMay 13 2026 Regular Meeting Minutes 332
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MAY 13, 2026
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Robert W. Wells, Vice Chairman; Robert T. Liero; Jason C.Aikens;Albert L.
Orndorff; Michael D. Guevremont; and Gary R. Oates were present. John F. Jewell, Chairman, was absent.
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; Tyler Klein, Senior Planner; Mark Cheran, Zoning &
Subdivision Administrator; 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
Vice Chairman Wells called the meeting to order at 7:00 p.m.
INVOCATION
Pastor Kyle Hunter of Waypoint Church offered the invocation.
PLEDGE OF ALLEGIANCE
Supervisor Liero led the Pledge of Allegiance.
ADOPTION OF AGENDA-APPROVED
Supervisor Liero moved for the adoption of the draft agenda. Supervisor Oates seconded the motion,
which carried on a voice vote.
CITIZEN COMMENTS - None
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ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Liero moved for the adoption of the consent agenda. Supervisor Oates 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 Absent
-Approval of Closed Session &Regular Meeting Minutes of April 22, 2026 - CONSENT AGENDA APPROVAL
-Approval of Closed Session &Work Session Minutes of May 6, 2026 - CONSENT AGENDA APPROVAL
- Acceptance of Parks &Recreation Commission Report of April 14, 2026 - CONSENT AGENDA APPROVAL,
Appendix 1
- Acceptance of Transportation Committee Report of April 27, 2026 - CONSENT AGENDA APPROVAL,
Appendix 2
-Eastern Frederick County Transportation Study (EFCTS): Phase II Authorization - CONSENT AGENDA
APPROVAL
-Approval of Mitigation Agreement for Smithfield Avenue Public Safety Radio Tower-CONSENT AGENDA
APPROVAL
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BOARD OF SUPERVISORS COMMENTS - None
COUNTY OFFICIALS
PUBLIC INFORMATION OFFICER KAREN VACCHIO RECOGNIZED
Vice Chairman Wells recognized Public Information Officer Karen Vacchio upon her impending
retirement and thanked her for 30 years of service to Frederick County.
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
DOLORES STOTTLEMYER REAPPOINTED TO SOCIAL SERVICE BOARD AS SHAWNEE
DISTRICT -APPROVED
On motion of Supervisor Liero, seconded by Supervisor Aikens, Dolores Stottlemyer was
reappointed by a voice vote to the Social Services Board as Shawnee District Rep. for a 4-year term ending
June 30, 2030.
CHRISTOPHER LUEBCKE APPOINTED TO PARKS & RECREATION COMMISSION AS
STONEWALL DISTRICT REP. -APPROVED
On motion of Supervisor Oates, seconded by Supervisor Aikens, Christopher Luebcke was
appointed by voice vote to the Parks & Recreation Commission for a 4-year term ending June 23, 2030, as
the Stonewall District representative.
ROBERT JOHNSON REAPPOINTED TO COMMUNITY POLICY & MANAGEMENT TEAM (CPMT)
-APPROVED
On motion of Supervisor Aikens, seconded by Supervisor Liero, Robert Johnson was reappointed
by voice vote to the Community Policy& Management Team (CPMT) as a Private Provider Rep. for a 2-year
term ending June 30, 2028.
LAUREN MORRISON APPOINTED TO EXTENSION LEADERSHIP COUNCIL AS
STONEWALL DISTRICT REP. -APPROVED
On motion of Supervisor Oates, seconded by Supervisor Guevremont, Lauren Morrison was
appointed by voice vote to the Extension Leadership Council for a 4-year term ending July 13, 2030, as the
Stonewall District representative.
COMMITTEE BUSINESS—None
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PUBLIC HEARINGS (NON PLANNING ISSUES)
PROPOSED BOUNDARY LINE ADJUSTMENT BETWEEN THE COUNTY AND THE TOWN OF
STEPHENS CITY, VIRGINIA CONCERNING A SINGLE PARCEL LOCATED AT 5145 PASSAGE
LANE, STEPHENS CITY, VIRGINIA, TAX MAP #74-A-44, -APPROVED
County Attorney Andrew Fox explained the requested boundary adjustment and the proposed
resolution authorizing an agreement between the County and the Town of Stephens City for a minor boundary
adjustment concerning an approximately ten-acre property located at 5145 Passage Lane, Tax Map 74-A-
44, whereby approximately three acres currently situated in Frederick County would fall within the adjusted
boundary of the Town of Stephens City. He said the Stephens City Town Council authorized the Agreement
at its April 7, 2026, business meeting after advertising and conducting a public hearing.
Vice Chairman Wells opened the public comment period.
Margaret Wolfrays, representing the applicants, spoke in favor of the boundary line adjustment.
Vice Chairman Wells closed the public comment period.
Vice Chairman Wells moved to adopt the resolution authorizing an agreement between the County and
the Town of Stephens City for a minor boundary adjustment concerning an approximately ten-acre property
located at 5145 Passage Lane, Tax Map 74-A-44. Supervisor Liero seconded the motion which 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 Absent
RESOLUTION
TO APPROVE AN AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE TOWN OF
STEPHENS CITY,A BOUNDARY LINE ADJUSTMENT
WHEREAS,a certain parcel of land is located straddling the existing corporate limits of the Town of Stephens City,
Virginia, totaling 10.0319 acres, of which 6.7289 acres lie within the Town and 3.3030 acres lie outside the Town
within Frederick County, further described on the Exhibit Plat prepared by Greenway Engineering on March 19,
2026,a copy of which is attached hereto as Exhibit A and made a part hereof, and
WHEREAS,the Town desires to provide services to the parcels and the affected property owners have agreed to be
brought into the Town; and
WHEREAS, the Town of Stephens City,pursuant to authority granted to it under Code of Virginia §15.2-3106, as
amended,desires to enter into an agreement to change the boundary line at the location of the subject parcel to place
the parcel wholly within the Town; and
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WHEREAS,the Town held a public hearing in accordance with Code of Virginia§15.2-3107, as amended,on April
7, 2026, and at that meeting resolved to approve an agreement between the County of Frederick and the Town of
Stephens City to conduct a Boundary Line Adjustment for the parcel in question; and
WHEREAS, Frederick County held a public hearing on May 13, 2026, on the Agreement to Change the Boundary
Line,a copy of which is attached hereto as Exhibit B and made a part hereof, and
NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors approves the Agreement
to Change the Boundary Line between the County and the Town.
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PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS
ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO
CHAPTER 165—ZONING ORDINANCE—APPROVED
Senior Planner Tyler Klein said that Frederick County had enlisted the support of the Berkley Group
to restructure the County's Zoning and Subdivision Ordinances and update the provisions for compliance
with the Code of Virginia.
Caroline Vanterve of the Berkley Group said the updated ordinances will achieve the following: provide
a streamlined and user-friendly ordinance format; incorporate current Code of Virginia requirements; and
prepare the County to efficiently address policy items, as guided by the Comprehensive Plan, in a future
phase. She concluded by saying that the process was initiated by County staff, serves as a technical update
focused on clarity, and as a Phase I update, does not consist of policy changes but is intended solely for
compliance with the mandatory items of state code, reorganizational purposes, or to remove redundant or
conflicting provisions.
Vice Chairman Wells opened the public comment period.
No one addressed the Board.
Vice Chairman Wells closed the public comment period.
Supervisor Oates and Mr. Pearson discussed whether setbacks had changed in the updated ordinance
text.
Supervisor Liero moved to adopt the proposed Ordinance Amendment to the Frederick County Code—
Modifications to Chapter 165—Zoning Ordinance. Supervisor Oates seconded the motion, which carried on
a recorded vote as follows:
Michael D. Guevremont Aye Robert T. Liero Aye
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Albert L. Orndorff Aye Robert W.Wells Aye
Gary R. Oates Aye Jason C.Aikens Aye
John F. Jewell,Chairman Absent
ORDINANCE
TO AMEND CHAPTER 165
WHEREAS,a proposal to amend Chapter 165—Zoning Ordinance to reorganize the chapter,to remove any redundant
and conflicting language,and to convert narrative standards into tables and graphics,and where appropriate to add or
modify provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia that are not codified in the
current Zoning Ordinance; and
WHEREAS, the Development Review and Regulations Committee (DRRC) met and discussed the proposed
amendment at their March 26,2026,regular meeting; and
WHEREAS, the Planning Commission held a public hearing on the proposed ordinance amendment on April 15,
2026,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 May 13,2026;
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
reorganize the chapter, to remove any redundant and conflicting language, and to convert narrative standards into
tables and graphics, and where appropriate to add or modify provisions and references from Chapter 22 of Title 15.2
of the Code of Virginia that are not codified in the current Zoning Ordinance.
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ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATIONS TO
CHAPTER 144—SUBDIVISION ORDINANCE—APPROVED
Planning Director Wyatt Pearson said that Frederick County had enlisted the support of the Berkley
Group to restructure the County's Zoning and Subdivision Ordinances and update the provisions for
compliance with the Code of Virginia.
Caroline Vanterve of the Berkley Group said the updated Ordinances will achieve the following: provide
a streamlined and user-friendly ordinance format; incorporate current Code of Virginia requirements; and
prepare the County to efficiently address policy items, as guided by the Comprehensive Plan, in a future
phase. She said the process was initiated by County staff, and this serves as a technical update focused on
clarity and usability. She concluded, saying that this Phase I process does not consist of policy changes, and
that any and all changes made as part of this phase were introduced solely for compliance with the mandatory
items of state code, reorganizational purposes, or to remove redundant or conflicting provisions.
Vice Chairman Wells opened the public comment period.
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No one addressed the Board.
Vice Chairman Wells closed the public comment period.
Supervisor Liero moved to adopt the proposed ordinance amendment to the Frederick County Code—
Modifications to Chapter 144—Subdivision Ordinance. Supervisor Guevremont seconded the motion, which
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 Absent
ORDINANCE
TO AMEND CHAPTER 144
WHEREAS, a proposal to amend Chapter 144 — Subdivision Ordinance to reorganize the chapter, to remove any
redundant and conflicting language,and to convert narrative standards into tables and graphics,and where appropriate
to add or modify provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia that are not codified
in the current Subdivision Ordinance; and
WHEREAS, the Development Review and Regulations Committee (DRRC) met and discussed the proposed
amendment at their March 26,2026,regular meeting; and
WHEREAS, the Planning Commission held a public hearing on the proposed ordinance amendment on April 15,
2026,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 May 13,2026;
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 144—Subdivision Ordinance to
reorganize the chapter, to remove any redundant and conflicting language, and to convert narrative standards into
tables and graphics, and where appropriate to add or modify provisions and references from Chapter 22 of Title 15.2
of the Code of Virginia that are not codified in the current Subdivision Ordinance.
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ORDINANCE AMENDMENT TO THE FREDERICK COUNTY CODE—MODIFICATION TO
AMEND CHAPTER 161 —SEWAGE DISPOSAL AND SEWERS—APPROVED
Zoning and Subdivision Administrator Mark Cheran explained the request by the Lake Holiday
Country Club, Inc., to allow for the use of temporary toilets (porta toilets)within the Lake Holiday community.
He said the proposed change to Chapter 161 will affect sporting events, festivals and fairs, community
activities, community trails, and Frederick County Parks and Recreation activities. He continued saying that
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Frederick County updated Chapter 161 in 2010 and requires the County to review and approve all pump and
haul systems, and these systems are to be permanent systems. Mr. Cheran explained that the strict
application of Chapter 161 does allow for temporary toilets for any of the above-referenced activities, and the
use of temporary toilets is allowed only at active construction sites and approved special event centers via
an approved Conditional Use Permit. He concluded, saying the above-referenced activities could be treated
as a seasonal use with the proposed changes to Chapter 161 Section (s) 101.02 &201.05.
Supervisor Oates and staff discussed the enforcement of the six-month limit for the temporary toilets.
Vice Chairman Wells opened the public comment period.
Caris Dueweke, Gainsboro District, spoke on behalf of Lake Holiday residents in favor of the ordinance
amendment.
Vice Chairman Wells closed the public comment period.
Supervisor Aikens moved to adopt the proposed Ordinance Amendment to the Frederick County Code
— Modification to Amend Chapter 161 — Sewage Disposal and Sewers. Supervisor Guevremont seconded
the motion which 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 Absent
ORDINANCE
TO AMEND CHAPTER 161
Article I—General Provisions;Definitions;Appeals
Part 101. General Provision
§161-101.02.Definition
Article II_ General Requirements and Maintenance of On-Site Sewage Systems
Part 201. On-Site Sewage Systems
§161-201.05 Permanent pump and haul systems
WHEREAS,aproposal to amend Chapter 161-Sewage Disposal and Sewers to consider clarifying how and when portable
restrooms can be utilized and not be classified as an illegal pump and haul. More specifically, clarify allowances for
seasonal and special event-related use for public or community spaces and events; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment
on May 13,2026; and
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in the interest of public
health, safety, and general welfare, the amendment to Chapter 161—Sewage Disposal and Sewers to amend definitions
and additional regulations for clarifying how and when portable restrooms can be utilized and not be classified as an
illegal pump and haul. More specifically, clarify allowances for seasonal and special event-related use for public or
community spaces and events for specific uses for permanent pump and haul to include performance standards is adopted.
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PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None
BOARD LIAISON REPORTS
Supervisor Liero provided an update from the Parks & Recreation Commission.
Supervisor Orndorff provided updates from the Conservation Easement Authority, the Shawneeland
Sanitary District Advisory Committee, and the Planning Commission.
Supervisor Aikens provided an update from the Economic Development Authority.
CITIZEN COMMENTS
Vicki Michaels, Stonewall District, discussed her concerns about locating data centers in Frederick
County and about the current tax rate on data center equipment, which is lower than in other localities.
Kurt Creager, Back Creek District, reviewed the new initiatives approved by the Economic Development
Authority and offered comments on the site readiness objective. He said the Board should consider attracting
businesses to smaller sites as well as larger sites.
Linda Reed, Shawnee District, spoke in opposition to data centers being located in Frederick County.
Rebecca Rager, Gainesboro District, spoke in opposition to data centers being located in Frederick
County.
Paige Feliciano, Gainesboro District, spoke in opposition to data centers being located in Frederick
County.
Alexander Ritter, Opequon District, said there are citizens willing to run against any Board members
who vote in favor of allowing data centers to locate in the County.
Leslie Spencer, Gainesboro District, said the citizens are concerned that they are not hearing
responses from the Board members about their stances on allowing data centers in the County. She repeated
the previous speaker's comments, saying that they have candidates willing to run against those who support
data centers.
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BOARD OF SUPERVISORS COMMENTS
Supervisor Liero read a statement recognizing National Police Week.
Supervisor Aikens referenced the earlier comment about the data center tax rate and discussed having
the Finance Committee review the matter. By consensus, the Board agreed to have the Finance Committee
review the tax rate and a possible increase.
Supervisor Oates referenced the earlier comment that the Board members are not responding to
citizens about data centers. He said the Board members are hearing the comments from the citizens but
cannot respond while data center rezoning applications are in the process of coming to the Board for a vote.
Supervisor Guevremont agreed with Supervisor Oates that the Board members are listening and
looking at all the issues surrounding data centers.
ADJOURN
On motion of Supervisor Liero, seconded by Vice Chairman Wells, the meeting was adjourned at
8:23 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 May 13, 2026 - Appendix 1
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Tuesday,April 14, 2026
7:00 p.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
The Parks and Recreation Commission met on Tuesday, April 14, 2026. Members present were
Gary Longerbeam, Dennis Grubbs, Jenny Myers, Patrick Anderson, Vaughn Whitacre, Michael
Stottlemyer, Randy Carter, Charles R. Sandy,Jr., 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. A motion to accept the Portable Athletic Goal Policy(100.27) was made by Mr. Sandy,
seconded by Mr. Stottlemyer, carried unanimously(8-0).
2. A motion to accept a funding opportunity to provide a dog park for Frederick County
at the Sherando Park Warrior Drive entrance was made by Mr. Carter, seconded by
Mr. Anderson, carried unanimously (8-0).
Cc: Jennifer Myers, Chairperson
Robert Liero, Liaison, Frederick County Board of Supervisors
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Board of Supervisors Meeting Minutes of May 13, 2026 - Appendix 2
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, April 27, 2026
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: John Jewell Chair (Voting), Robert Liero (Voting) Dustin
Simkhovitch (Voting) and Tim Stowe (Voting)
Committee Members Absent: Kevin Kenney (Voting) and Jason Aikens (Voting)
Staff Present: John Bishop,Assistant Director and Kathy Smith
ITEMS REQUIRING ACTION BY THE BOARD OF SUPERVISORS
Eastern Frederick County Transportation Study (EFCTS): Phase II Authorization: Staff presented
the proposal (attached) from McCormick Taylor, the County's on-call transportation consultant,
for completion of the Eastern Frederick County Transportation Study Phase 11. Staff recommended
moving forward with Phase II of the study, which includes a "new road / new location" analysis
required for Smart Scale eligibility.The selected consultant proposal totaled is about$233,622.04,
significantly lower than competing bids. Environmental studies will occur during the design phase.
The Phase II timeline aligns ahead of the Comprehensive Plan update, allowing adjustments
before adoption.A follow-up modeling study for the Comprehensive Plan is expected next month.
Recommended Action: Upon a motion made by Tim Stowe, seconded by Robert Liero, the
Committee recommends that the Board of Supervisors approve the selected-on-call consultant
McCormick Taylor proposal.
ITEMS FOR INFORMATION ONLY:
Interstate, Primary, and Secondary Road Plans Update: Staff and VDOT presented the draft
Six-Year Secondary Program (SSYP)along with the Draft Interstate and Primary Road Plans.
Supporting documents included current-year road plans and VDOT's draft SSYP. The updated
Interstate priorities: Exit 307 language refined, the Exit 313 moving forward, MPO study starting
for Exits 321/323, and continued emphasis on full 1-81 widening. The Primary updates include
progress on Highfield Road, Wardensville Grade safety upgrades, and multiple revenue-sharing
awards (Back Mountain, Brucetown/Hopewell, Shawnee Drive, Warrior Drive Extension, Brandy
Lane).VDOT presented the Secondary Six-Year Plan, including Rural Rustic paving projects for Park
Road, Timber Ridge Road, Heishman Road, and Grace Church Road. The Committee
recommended the Interstate, Primary and Secondary Road Plans Updated as presented.
County Projects Update: Renaissance Drive The project is complete. Staff are awaiting the final
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invoice and CSX reimbursement to finalize project closeout and request previously discussed
additional funds from VDOT.
Gainesboro Road Review of the 30%design plans by the School Division, Public Works, and VDOT
has been completed. Comments have been forwarded to Timmons.
Other Business: Upcoming Meeting Schedule change due to the holiday, the next Transportation
Committee meeting is rescheduled to June 1.
VDOT briefed the Committee on the traffic calming process, noting increased requests and
engineering limitations (speed humps, maintenance, emergency access).
Sheriff's Office reported speeding trends, school-zone camera performance, and efforts to direct
revenue to safety improvements after the equipment is paid off.
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