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HomeMy WebLinkAboutJune 10 2026 Regular Meeting MinutesMINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JUNE 10, 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; Wendy May, Communications Director; Wyatt Pearson, Planning Director; Amy Feltner, Planner I; Eric Bittner, Planner II; Sharon Kibler, Finance Director; 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 Bobby Alger of Crossroads Community Church offered 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 - None _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 347 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 Regular Meeting Minutes of May 13, 2026 - CONSENT AGENDA APPROVAL - Acceptance of Finance Committee Report of April 14, 2026 - CONSENT AGENDA APPROVAL, Appendix 1 - Acceptance of Transportation Committee Report of June 1, 2026 - CONSENT AGENDA APPROVAL, Appendix 2 -Acknowledgment of Receipt of Certified Copies of Abstract of Votes from the Special Election of April 21, 2026 - CONSENT AGENDA APPROVAL, Appendix 3 - Appropriation of Public, Educational, and Governmental (PEG) Funds to Offset Expenses for Updating and Renovating the Board of Supervisors Meeting Room - CONSENT AGENDA APPROVAL - Finance Committee Items Approved on the Consent Agenda: The IT Director requests an FY 2027 General Fund carry forward appropriation not to exceed $55,000. It is anticipated that the BerryDunn software study project that is in process will not be completed by June 30, 2026. The Sheriff requests a $45,106 General Fund supplemental appropriation representing unbudgeted reimbursements received from the DEA for overtime expenses. The Sheriff requests a $24,399 General Fund supplemental appropriation representing auto insurance claims. The Sheriff requests a $1,879 General Fund supplemental appropriation representing donations received for the Honor Guard and the impound lot building. The WRA Executive Director requests a $475,000 Airport Capital Fund supplemental appropriation representing a grant offer from Go Virginia Regional Council 8. _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 348 The Parks & Recreation Director requests an FY 2027 General Fund carry forward appropriation in the amount of $2,353,328 for the Abrams Creek Trail and Trailhead Parking projects that will not be completed by June 30, 2026. The Parks & Recreation Director requests a $900 General Fund supplemental appropriation representing a donation for a memorial bench at Clearbrook Park. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $456,000 to expand the parking area at Clearbrook Park. Funds are available in the Parks Proffer Reserve. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $105,819 for grounds maintenance equipment. Funds are available in the Parks & Recreation Reserve Fund. The Fire & Rescue Chief requests a $11,571 General Fund supplemental appropriation representing funds from the sale of surplus equipment. The EMS Billing Manager requests a $564,281 EMS Expense Recovery Fund supplemental appropriation. This amount represents unbudgeted revenues expected to be received through FY 2026 year end. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS VIRGINIA COOPERATIVE EXTENSION Extension Agent Elizabeth Baldwin reviewed highlights of current Extension programs and introduced Extension Agents Candace DeLong, serving in Frederick County; Cynthia Fairbanks, serving in Warren County; and Liz Rohrer, serving in Clarke County. _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 349 AMENDMENT OF MEMORANDUM OF UNDERSTANDING CONCERNING THE WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS CENTER BUREAU - APPROVED County Administrator Bollhoefer reviewed the proposed update of the Memorandum of Understanding regarding funding operations and fiscal agency of the Tourism Board and the Convention and Visitor Center Bureau. Supervisor Aikens moved for approval of the draft MOU with an effective date change to September 1, 2026, rather than August 1 to allow staff time to prepare for the change of fiscal agent from the City to the County. 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 MEMORANDUM OF UNDERSTANDING FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENT RE: WINCHESTER-FREDERICK COUNTY CONVENTION AND VISITORS' BUREAU I. PURPOSE The County of Frederick and the City of Winchester are entering into this Memorandum of Understanding (MOU) to reflect the allocation of membership to the Winchester-Frederick County Tourism Board (Tourism Board) and to establish the funding contribution for the Winchester- Frederick County Convention and Visitors' Bureau (CVB). This MOU shall supersede all existing agreements effective upon date of adoption. II. MEMBERSHIP COMPOSITION, APPOINTMENT, AND TERM The Tourism Board shall consist of 9 voting members. Five of these members shall be appointed by Frederick County. Four members shall be appointed by the City of Winchester. The Tourism Board shall follow the process for new voting board members as dictated in Article VII of the Tourism Board bylaws. The bylaws detail the voting and non-voting member composition, membership requirements, limits and internal evaluation and recommendation process. Henceforth, the Tourism Board shall recommend voting members for appointment to either the City or the County based upon which locality is being represented. The current board members and their assigned positions as detailed below are attached in Addendum A. Public/Non-profit position 1 - County Public/Non-profit position 2 - City Public/Non-profit position 3 - County Public/Non-profit position 4 - City Private sector lodging position 1 - County Private _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 350 sector lodging position 2 - City Private sector position 1 - County Private sector position 2 - City Private sector position 3 - County As detailed in the Tourism Board's bylaws, candidates shall first be evaluated by the Tourism Board, and then recommended to the appropriate governing body for final appointment. FUNDING The County's annual contribution to the CVB shall be a function of the County's transient occupancy tax assessment as dictated by the Virginia General Assembly. All County transient occupancy tax receipts received in excess of the base 2%, up to the maximum 5%, 4.25% transient occupancy tax rate shall constitute the County's contribution to the CVB. At the time of this MOU, the County's transient occupancy tax rate is 3.5 6%, thus those receipts collected from the additional 1.5 2.25% comprise the County's contribution to the CVB. The County’s transient occupancy tax will be allocated as follows: the first 2% will go to the General Fund; the next 2.25% will be allocated to the CVB, the next .75% will be held by the County in a separate account to fund a future tourism related facility or other tourism project, and the final 1% will be allocated to General Fund. The City's annual contribution to the CVB shall increase or decrease annually based on a formula which compares the City's transient occupancy tax revenue totals from the previous two fiscal years. Beginning with FY23, a percentage change in transient occupancy tax receipts between the previous two fiscal years shall be calculated and applied to the previous year's contribution. For the first year, FY23, the percent change shall be applied to the previously established base contribution to the CVB, which is $150,500.00. The change in the City's annual contribution to the CVB shall be 50% of the amount calculated using the above noted formula until the City's total overall transient occupancy tax revenues exceed $1,000,000.00. III. FISCAL AGENT The City of Winchester County shall serve as the fiscal agent for the undertaking(s) covered by this MOU beginning on or about September 1, 2026. The Convention and Visitors' Bureau Board may opt to become its own fiscal agent or use another entity with the approval of the Frederick County Board of Supervisors and the Common Council of the City of Winchester. IV. TERM The term of this MOU shall be July 1 through June 30 of each fiscal year. Unless otherwise terminated as herein provided, this agreement shall automatically renew and continue in full force and effect from year to year unless terminated by either party in such manner and at such time as hereinafter provided for termination. V. TERMINATION This MOU may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least 90 days prior to the expiration of the initial term or any renewal term; otherwise this MOU shall renew and continue as provided. Upon termination of this MOU, the parties shall mutually agree as to the disposition of the personal property of the operation and of any jointly owned real property of the operation. + + + + + + + + + + + + + + _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 351 COUNTY ADMINISTRATOR'S UPDATE ON REVENUES County Administrator Bollhoefer reviewed the expected revenues for the current fiscal year, saying they are approximately $8,000,000 to $9,000,000 more than previously expected. The Board briefly discussed increasing the cost-of-living employee salary adjustment planned for the coming fiscal year, and the desire to move forward with a salary survey before making any changes. APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS GENE FISHER REAPPOINTED TO WINCHESTER REGIONAL AIRPORT AUTHORITY -APPROVED On motion of Vice Chairman Wells, seconded by Supervisor Guevremont, Gene Fisher was reappointed by a voice vote to the Winchester Regional Airport Authority for a 4-year term ending June 30, 2030. JULI FERRELL APPOINTED TO SOCIAL SERVICES BOARD AS BACK CREEK DISTRICT REP. - APPROVED On motion of Supervisor Orndorff, seconded by Vice Chairman Wells, Juli Ferrell was appointed by voice vote to the Social Services Board for a 4-year term ending June 30, 2030, as the Back Creek District representative. JOHN LAMANNA APPOINTED TO NORTHWESTERN COMMUNITY SERVICES BOARD – APPROVED On motion of Vice Chairman Wells, seconded by Supervisor Guevremont, John Lamanna was appointed by voice vote to the Northwestern Community Services Board for a 3-year term ending December 31, 2028. COMMITTEE BUSINESS – None _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 352 PUBLIC HEARINGS (NON PLANNING ISSUES) AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE FREDERICK-WINCHESTER SERVICE AUTHORITY TO REVISE AND RESTATE THE AMENDED ARTICLES OF INCORPORATION DATED APRIL 13, 1995 - APPROVED Candice Perkins, Executive Director of the Frederick-Winchester Service Authority (FWSA), said the FWSA Board has reviewed the articles to ensure they meet the current needs and operation of the Authority and has proposed changes for consideration. She said the proposed changes to the articles include: changes in the board membership including a reduction from nine members to five members (two members would be appointed by the City of Winchester, two members by Frederick County, and one jointly appointed member); updates to the compensation provision to state that the Authority would set compensation and that City/County employees would serve without compensation; and revision to the engineering studies and estimates provision. Ms. Perkins concluded by saying that the FWSA Board discussed these changes at their April 20, 2026 meeting and recommended approval of the amended articles. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Supervisor Aikens moved to approve the Amendment to the Articles of Incorporation of the Frederick- Winchester Service Authority to revise and restate the Amended Articles of Incorporation dated April 13, 1995. 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 Aye Frederick-Winchester Service Authority Articles Of Incorporation (Amended June 10, 2026) a) The name of the Authority is "Frederick-Winchester Service Authority” b) The term of the Authority shall expire January 1, 2058 c) The names of the incorporating amending and restating political subdivisions are the City of Winchester, Virginia, and Frederick County, Virginia. d) The purposes for which the Authority is created are: (1) To acquire, finance, construct, operate and maintain facilities for the abatement of pollution by the treatment of sewage collected from the City and all portions of the County that are not being or will not be served by Frederick County Sanitation Authority, including treatment plants, trunks or interceptors and pumping stations, together with all appurtenant equipment and appliances and _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 353 properties, rights, easements and franchises related thereto or deemed necessary or convenient by the Authority for their operation, but not including sewage collection facilities. (2) The Authority may undertake any project in furtherance of the foregoing purposes. (3) The Authority may contract with the City, the County, or any authority therein created pursuant to the Act to treat sewage delivered to the Authority's facilities upon such terms as the Authority shall determine; provided, however, that any such contract shall include as parties thereto the Authority, the City and the County (or any agency of the County designated for that purpose by its Board of Supervisors). The Authority is expressly prohibited from contracting with any other party desiring service, except upon the written consent of the City and the County (or any agency of the County designated for that purpose by its Board of Supervisors). (4) The governing bodies of the City of Winchester, Virginia and Frederick County, Virginia have determined that pending completion of necessary engineering studies and estimates, it is not practicable to provide preliminary engineering studies and estimates, it is not practicable to provide preliminary capital costs, proposals for any specific projects to be undertaken by the Authority, and preliminary estimates of initial rates for service of such projects certified by responsible engineers at this time. The governing bodies of the City of Winchester, Virginia and Frederick County, Virginia find that the inclusion of such information is impracticable at this time. (e) The powers of the Authority shall be exercised by a Board of nine (9) five (5) members, as follows: (1) Five (5) Two (2) members appointed by the Common Council of the City of Winchester, Virginia with one of said members to service for an initial term of for (4) years and thereafter serve terms of four (4) years, and the second member to service an initial term of two (2) years and thereafter serve terms of four (4) years; (2) Three (3) Two (2) members appointed by the Board of Supervisors of Frederick County, Virginia, with concurrent approval by the Frederick County Sanitation Authority, d.b.a. Frederick Water, with one of said members to service for an initial term of for (4) years and thereafter serve terms of four (4) years, and the second member to service an initial term of two (2) years and thereafter serve terms of four (4) years; (3) One member appointed by the concurrent action of the Common Council of the City and of the Board of Supervisors of the County, for an initial term of two (2) years and thereafter to serve terms of four (4) years, Any member may be removed by the governing body or bodies appointing him or her, without cause. Vacancies shall be filled only for the unexpired term. Members shall hold office until their successors have been appointed and qualified. Members shall be eligible for re-appointment to succeed themselves. Each member of the Authority shall serve without compensation, except that the Chairman elected by the members of Authority Board may be compensated not more than Two Thousand, Four Hundred Dollars ($2,400.00) per annum, or such greater amount as may be determined by Resolution of the governing body or bodies which are Members of the Authority. Members of the Board of the Authority shall serve with compensation as shall be fixed from time to time by the Authority. Those members of the Board who are employees of the City, the County or Frederick Water, shall serve without compensation. Members may be reimbursed for actual expenses necessarily incurred in the performance of their duties. (f) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the Common Council of the City of Winchester and the Board of Supervisors of Frederick County. (g) Pending completion of necessary engineering studies and estimates, it is not practical to set forth herein preliminary estimates of capital costs and initial rates for services of proposed projects. _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 354 + + + + + + + + + + + + + + AMENDMENTS TO THE OPEQUON WASTEWATER RECLAMATION FACILITY INTERMUNICIPAL AGREEMENT - APPROVED Candice Perkins, Executive Director of the Frederick-Winchester Service Authority (FWSA), said the Opequon Water Reclamation Facility Intermunicipal Agreement is the document that outlines the operation of the Opequon Plant and any construction projects and bonds for the plant. She said the agreement was originally approved in 1983 and amended in 1998 and 2008, and the FWSA has been reviewing the document and has identified a number of areas that need to be updated to simplify and modernize how the wastewater treatment operations are managed under the agreement. Supervisor Oates moved to approve the Amendments to the Opequon Wastewater Reclamation Facility Intermunicipal Agreement as presented. Vice Chairman Wells 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 Aye FREDERICK-WINCHESTER SERVICE AUTHORITY BOARD MEMBER APPOINTMENTS Following the approval of the updated Articles of Incorporation of the Frederick-Winchester Service Authority, Supervisor Oates moved to appoint members to newly designated terms specified in the Articles of Incorporation as follows: Eric Lawrence (current member) – June 10, 2026-July 1, 2030 Cheryl Whittle (current member) – June 10, 2026-July 1, 2028 Proposed Joint Member (current Chair) - John Willingham, June 10, 2026-July 1, 2028 Vice Chairman Wells 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 Aye + + + + + + + + + + + + + + _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 355 PLANNING COMMISSION BUSINESS – PUBLIC HEARINGS REZONING #03-26 OF 1818 MARTINSBURG PIKE (SNOWDEN BRIDGE STATION, LLC) – APPROVED Planner Eric Bittner reviewed the request to rezone 1.61± acres from B2 (General Business) Zoning District with proffers to B2 Zoning District with proffers and to the Interstate Area (IA) Overlay District. He said the proposal is intended to allow for an interstate sign to display gasoline prices above the standard height limit of the district. Chairman Jewell opened the public comment period. Ty Lawson, representing the Applicant, spoke in favor of the rezoning. Chairman Jewell closed the public comment period. Supervisor Oates moved to approve REZONING #03-26 OF 1818 MARTINSBURG PIKE (SNOWDEN BRIDGE STATION, LLC). Supervisor Oates 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 Aye ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-26 FOR SNOWDEN BRIDGE INTERSTATE OVERLAY (SNOWDEN BRIDGE STATION, LLC) WHEREAS, REZONING #03-26 of Snowden Bridge Station Interstate Overlay (Snowden Bridge Station, LLC) submitted to rezone 1.61+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with proffers and to the Interstate Area (IA) Overlay District to allow for an interstate sign. The property is located at 1818 Martinsburg Pike, Winchester and is identified by Property Identification Number 43-A-150 in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on May 6, 2026, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on June 10, 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 #03-26 of Snowden Bridge Station Interstate Overlay (Snowden Bridge Station, LLC) submitted to rezone 1.61+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with proffers and to the Interstate Area (IA) Overlay District with proffers dated April 8, 2026. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 356 CONDITIONAL USE PERMIT #01- 26 FOR RICKY E. AND ERIC A. CHASE – APPROVED Planner Amy Feltner explained the request for a conditional use permit (CUP) for a public garage for automotive repair. She reviewed the conditions recommended by the Planning Commission and said the Commission recommended approval of the CUP. Vice Chairman Wells and the Applicant, Eric Chase, discussed complaints by some of the neighbors about the business, which had operated for a time with no CUP or business license. Supervisor Aikens and the Applicant discussed the fence indicated on the sketch of the property. Chairman Jewell opened the public comment period. Donald ?, Gainesboro District, said he lives next to the property and has no concerns about the permit. Sue Shaw, Gainesboro District, said that businesses should not be permitted on this residential road, citing noise and traffic concerns. Chairman Jewell closed the public comment period. Supervisor Aikens said he understands the concerns of the neighbors, and he respects the Applicant trying to improve his position. He said he has learned there are other businesses on this road and would like to give the Applicant a chance to conduct his business by the rules and under the conditions of the CUP. He said if any conditions are violated, he will vote to revoke the CUP. Supervisor Aikens moved to approve Conditional Use Permit #01- 26 for Ricky E. and Eric A. Chase with the recommended conditions and additional conditions regarding work being completed only indoors with the doors shut, no visible outdoor storage, keeping the gate closed during non-business hours, and no vehicle deliveries during non-business hours. Supervisor Guevremont seconded the motion, saying he agreed the rules should be followed, or the permit will be revoked. Supervisor Oates said a CUP business in the RA district needs to be in harmony with the neighbors, and he would not support the motion. The motion to approve the CUP carried on a recorded vote as follows: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells No Gary R. Oates No Jason C. Aikens Aye John F. Jewell, Chairman No ORDINANCE CONDITIONAL USE PERMIT #01-26 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 357 PUBLIC GARAGE (Ricky Chase) WHEREAS, CONDITIONAL USE PERMIT APPLICATION #01-24 was submitted by Ricky Chase for a Public Garage. The property is located at 541 Ruebuck Road, Clearbrook, Virginia and is identified with Property Identification Number 23-4-3-5 in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on May 6, 2026, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on June 10, 2026; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, Conditional Use Permit #01-26 to allow for public garage on the parcel identified with Property Identification Number 23-4-3-5 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All automotive repair related activities, including repairs, shall occur entirely within an enclosed structure with all doors in the closed position. Any exterior storage of parts and equipment shall be within an enclosed structure. Exterior storage of tires is prohibited. 4. All parking areas shall have a gravel or hard surface. 5. The business is not permitted employees beyond those residing on the property. 6. The hours of operation shall be from 9 a.m. to 5 p.m. Monday through Friday. 7. A maximum of eight vehicles awaiting service is permitted inside the fenced parking area. Gate shall remain closed during non-business hours. 8. Access to the property is limited to Ruebuck Lane. 9. No deliveries shall be accepted outside the hours of 9 a.m. to 5 p.m. Monday through Friday. 10. Any expansion or change of use shall require a new Conditional Use Permit. + + + + + + + + + + + + + + ORDINANCE TO AMEND THE FREDERICK COUNTY CODE – MODIFICATIONS TO AMEND DESIGN REQUIREMENTS CONTAINED IN §165-802.08(C)(2) TABLE VIII-6 FOR RESIDENTIAL SEPARATION DISTANCE BUFFER TYPE REQUIRED. – DENIED Planner Amy Feltner reviewed the request to amend Chapter 165 - Zoning Ordinance to modify the residential separation buffer relating to certain housing types in the RP (Residential Performance) Zoning District. She said the proposal is to amend the minimum buffer requirements for multifamily structures when placed adjacent to pre-existing residential developments or proposed developments with different housing types. She said the Planning Commission recommended denial of the amendment. Supervisor Oates said the Board had asked that buffers for all housing types be reviewed, and this has come to the Board with reference to only one housing type. Chairman Jewell opened the public comment period. Helen Hatfield, Back Creek District, spoke in opposition to the change in buffer requirements. _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 358 Mary Margaret Barbe, Back Creek District, spoke in opposition to the change in buffer requirements. Abby Lisk, Back Creek District, spoke in opposition to the change in buffer requirements. Susan Emmert, Shawnee District, spoke in opposition to the change in buffer requirements. Richard Schapet, District unknown, spoke in opposition to the change in buffer requirements. Scott Dawson, City resident, said this request was brought by a developer who is building housing aimed at law enforcement employees and teachers, and the amendment will allow the project to be built. Chairman Jewell closed the public comment period. Supervisor Oates said the Board had asked that all buffers be reviewed, and he was not in favor of changing only one type of buffer at this time. He moved to deny the proposed Ordinance to Amend the Frederick County Code – Modifications to Amend Design Requirements Contained in §165-802.08(C)(2) Table VIII-6 for Residential Separation Distance Buffer Type Required. Vice Chairman Wells seconded the motion to deny 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 Aye + + + + + + + + + + + + + + DRAFT UPDATE OF THE 2026-2027 FREDERICK COUNTY INTERSTATE, PRIMARY AND SECONDARY ROAD IMPROVEMENT PLANS - APPROVED Planner Eric Bittner reviewed the draft updated Interstate, Primary, and Secondary Road Improvement Plans. Chairman Jewell opened the public comment period. No one wished to address the Board. Chairman Jewell closed the public comment period. Supervisor Oates moved to approve the resolutions adopting the updated Interstate, Primary, and Secondary Road Improvement Plans. Supervisor Aikens seconded the motion, which carried 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 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 359 John F. Jewell, Chairman Aye RESOLUTION 2026-2027 INTERSTATE ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 27, 2026; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 3, 2026; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation’s policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2026-2027 Interstate Road Improvement Plan; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the Interstate Road Improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2026-2027 Interstate Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Interstate Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2026-2027 Interstate Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 10, 2026. # # # RESOLUTION 2026-2027 PRIMARY ROAD IMPROVEMENT PLAN WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 27, 2026; and WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 3, 2026; and WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation’s policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, the Frederick County Board of Supervisors supports the priorities of the Primary Road Improvement Plan projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2026-2027 Primary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Primary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2026-2027 Primary Road Improvement Plan and Construction Priority List for Frederick County, Virginia, as presented at the public hearing held on June 10, 2026. # # # _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 360 RESOLUTION 2026-2027 SECONDARY ROAD IMPROVEMENT PLAN WHEREAS, Section 33.2-331 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation in developing a Six-Year Road Plan; and, WHEREAS, the Frederick County Transportation Committee recommended approval of this plan on April 27, 2026; and, WHEREAS, the Frederick County Planning Commission held a public hearing and recommended approval of this plan at their meeting on June 3, 2026; and, WHEREAS, the Frederick County Board of Supervisors had previously agreed to assist in the preparation of this plan in accordance with the Virginia Department of Transportation’s policies and procedures and participated in a public hearing on the proposed Plan, after being duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and, WHEREAS, a representative of the Virginia Department of Transportation appeared before the Board during the public hearing and recommended approval of the 2026–2027 Secondary Road Improvement Plan; and, WHEREAS, the Frederick County Board of Supervisors support the priorities of the secondary road improvement projects for programming by the Commonwealth Transportation Board and the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors as follows: The 2026-2027 Secondary Road Improvement Plan appears to be in the best interest of the citizens of Frederick County and the Secondary Road System in Frederick County; and therefore, the Frederick County Board of Supervisors hereby approves the 2026-2027 Secondary Road Improvement Plan and Construction Priority List for Frederick County, Virginia as presented at the public hearing held on June 10, 2026. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS Supervisor Aikens provided updates from the Economic Development Authority and the Tourism Board. Supervisor Orndorff provided an update from the Conservation Easement Authority. Vice Chairman Wells provided an update on Fire Station 22. Chairman Jewell noted that he, the Vice Chairman, and staff have met with City officials to discuss collaboration opportunities. _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 361 CITIZEN COMMENTS Vicki Michaels, Stonewall District, thanked the Planning Commission for its handling of the recent crowded meeting about a data center application. Bryain Nuri, Opequon District, said it is difficult to attend jail board meetings, which are held at the jail buildings with limited public access. Theresa Ostertag, Back Creek District, discussed energy concerns and her opposition to data centers coming to the County. Julie Curd, Back Creek District, discussed a survey about data centers conducted by the Winchester Star. She said it indicates there is no trust in the County’s government leadership. David O’Neil, Gainesboro District, referenced a simulation of the Texas power grip failure. He urged the Board to work proactively with federal and state agencies to solve power grid problems. BOARD OF SUPERVISORS COMMENTS Supervisor Aikens noted an upcoming information session on the proposed Valley Link transmission line and an upcoming meeting on the County’s comprehensive plan update. Chairman Jewell announced the upcoming annual joint meeting with the Planning Commission to discuss comprehensive plan amendment applications. ADJOURN On motion of Vice Chairman Wells, seconded by Chairman Jewell, the meeting was adjourned at 8:35 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 June 10, 2026 County of Frederick, Virginia 362 ATTENDEES Committee Members Present: Gary Oates, Chairman; Al Orndorff; Jason Aikens; Angela Wiseman; and Don Price. Committee Member Absent: Chad DeHaven. Non-Voting Liaisons Present: Tonya Sibert, Commissioner of the Revenue; and William Orndoff, Treasurer. Staff Present: Sharon Kibler, Finance Director; Melody Ramey, Payroll Manager; Michael Bollhoefer, County Administrator; Andrew Fox, County Attorney; David Foley, Airport Operations Supervisor; Lenny Millholland, Sheriff; Stacy Herbaugh, Parks & Recreation Director; Steve Majchrzak, Fire & Rescue Chief, Patrick Fly, IT Director; and Missi Neal, Budget Analyst; 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 IT Director requests an FY 2027 General Fund carry forward appropriation not to exceed $55,000. It is anticipated that the BerryDunn software study project that is in process will not be complete by June 30, 2026. No additional local funds above the existing appropriation are required. A.2. The Sheriff requests a $45,106 General Fund supplemental appropriation representing unbudgeted reimbursements received from the DEA for overtime REPORT AND RECOMMENDATIONS FIANCE COMMITTEE WEDNESDAY, MAY 13, 2026 8:30 AM BOARD OF SUPERVISORS MEETING ROOM 107 NORTH KENT STREET WINCHESTER, VA 22601 BerryDunn_CarryForward.pdf 1 Board of Supervisors Meeting Minutes of June 10, 2026 - Appendix 1 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 363 expenses. No local funds required. A.3. The Sheriff requests a $24,399 General Fund supplemental appropriation representing auto insurance claims. No local funds required. A.4. The Sheriff requests a $1,879 General Fund supplemental appropriation representing donations received for the Honor Guard and the impound lot building. No local funds required. A.5. The WRA Executive Director requests a $475,000 Airport Capital Fund supplemental appropriation representing a grant offer from Go Virginia Regional Council 8. No local funds required. A.6. The Parks & Recreation Director requests an FY 2027 General Fund carry forward appropriation in the amount of $2,353,328 for the Abrams Creek Trail and Trailhead Parking projects that will not be complete by June 30, 2026. No additional local funds above the existing appropriation are required. A.7. The Parks & Recreation Director requests a $900 General Fund supplemental appropriation representing a donation for a memorial bench at Clearbrook Park. No local funds required. B.Discussion & Action Items – The following item(s) are presented for committee discussion and action. B.1. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $456,000 to expand the parking area at Clearbrook Park. Funds are available in the Parks Proffer Reserve. The committee recommends approval. B.2. The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $105,819 for grounds maintenance equipment. Funds are available in the Parks & Recreation Reserve Fund. DEA Reimbursement request.pdf Sheriff auto claims.pdf Sheriff donations request.pdf Airport GoVA grant.pdf Airport GoVA grant2.pdf Abrams Creek CarryForward.pdf CB Memorial Bench.pdf Proffer Request CB Parking Expansion.pdf 2 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 364 The committee recommends approval. B.3. The Fire & Rescue Chief requests a $11,571 General Fund supplemental appropriation representing funds from the sale of surplus equipment. No local funds required. The committee recommends approval. B.4. The EMS Billing Manager requests a $564,281 EMS Expense Recovery Fund supplemental appropriation. This amount represents unbudgeted revenues expected to be received through FY 2026 year end. No local funds required. The committee recommends approval. C.Information & Discussion Items (No Action Required) – The following item(s) are presented for committee information. No formal action is required. C.1. The Finance Director provides General Fund financial information for the third quarter of fiscal year 2026. Feedback and direction on the types of financial information the Finance Committee finds most valuable is welcomed. SGEMF Reserve Fund Use FY 26.pdf Rec Res Fund -SGMEF.pdf Surplus FireRescue request.pdf Expense Recovery request.pdf FY26 Q3_SnapShot.pdf FY26 Q3_Revenue.pdf FY26 Q3_Expenditure.pdf FY26 Q3_FundBalance.pdf 3 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 365 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, June 1, 2026 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Robert Liero (Voting) Dustin Simkhovitch (Voting) Kevin Kenney (Voting), Jason Aikens (Voting) and Tim Stowe (Voting) Committee Members Absent: John Jewell Chair (Voting) Staff Present: John Bishop, Assistant Director and Kathy Smith ITEMS FOR INFORMATION ONLY: SmartScale Resolution: Staff presented an overview of the SmartScale Resolution, outlining its purpose in supporting transportation funding applications through the statewide SmartScale process. The committee reviewed the supporting document and discussed project readiness, scoring expectations, and coordination needs. A motion was made and approved the resolution. Six Year Improvement Program Update: An update was provided on the Six Year Improvement Program (SYIP). Staff summarized current funding allocations, noted recent adjustments, and explained potential implications for county projects. The county had a successful cycle with several projects that received recommended or full funding, including the Hopewell/Brucetown alignment which received nearly the full amount requested and Back Mountain Road. These two projects now qualify as higher priority for funding projects in future application cycles. The Revenue Sharing applications for Shawnee Drive, Warrior Drive extension, and Brandy Lane were also funded and two Transportation Alternatives projects Tasker Road improvements and a crossing near Westminster Canterbury were approved as well County Projects Update: Renaissance Drive Project is complete. Staff are waiting for the final invoice and CSX reimbursement to complete closeout and seek previously discussed additional funds from VDOT (unchanged). Gainesboro Road: 30% of the plan set comments have been received and shared with our consultant. Plans were also separately submitted to VDOT. Other Business: Hunting Ridge Road – Citizen Speed Concerns: Staff reported receiving citizen concerns related to speeding on Hunting Ridge Road. The committee discussed next steps, including potential speed studies or coordination with county law enforcement. Rescheduling of June 22, 2026, Meeting: The committee reviewed and acknowledged the need to reschedule the June 22 meeting to June 29, 2026, with no objections noted. Board of Supervisors Meeting Minutes of June 10, 2026 - Appendix 2 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 366 Public Meeting – Exit 317 and I-81 Widening: Staff announced an upcoming public meeting to share information and receive feedback on improvements at Exit 317 and the associated segment of the I-81 widening project. The meeting will be on June 23 at 4:00 pm at Millbrook High School. VDOT Update: On Route 7 and I-81 Exit 315 Bridge will be reduced to one lane in each direction from Friday (June 5) 8:00 pm through Monday (June 8) 6:00 am. for three weekends. Crews will mill the surface and install a durable steel-fiber concrete due to ongoing structural issues. Drivers are advised to use alternate routes. _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 367 Board of Supervisors Meeting Minutes of June 10, 2026 - Appendix 3 _____________________________________ Minute Book 51 Board of Supervisors Regular Meeting of June 10, 2026 County of Frederick, Virginia 368 ABSTRACT of REFERENDUM VOTES Cast in FREDERICK COUNTY, VIRGINIA at the 2026 April 21 Special held on April 21 , 2026 for, Proposed Constitutional Amendment Question: Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia's standard redistricting process resumes for all future redistricting after the 2030 census? QUESTION RESPONSE '.Total YES votes ;Total NO votes ,-' - TOTAL VOTES RECEIVED (IN FIGURES) Total Number of Overvotes for Question 12959 24293 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on April 21, 2026, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the proposed referendum. Given under our hands this cJ1] ~ day of (~':Y,.,.Q , ,Qog._(p ~ "'r~n-1,0) , Chairman .-1...-..---... t:. , Vice Chairman '->C\~ ~ ~ :Sn 9-M--,.,~ , Secretary/Acting ~~i:~~