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HomeMy WebLinkAboutJuly 8 2026 Regular Meeting MinutesMINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JULY 8, 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; Michael D. Guevremont; and Gary R. Oates were present. Albert L. Orndorff participated remotely from Myrtle Beach, SC, for personal business reasons. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Wyatt Pearson, Deputy County Administrator; Andrew R. Fox, County Attorney; Wendy May, Communications Director; John Bishop, Incoming Planning Director; Eric Bittner, Planner II; 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 Vice Chairman Wells offered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. REMOTE PARTICIPATION APPROVED Vice Chairman Wells moved that the Board authorize remote participation by Supervisor Albert Orndorff for personal business reasons. Supervisor Aikens seconded the motion, which carried on a voice vote. ADOPTION OF AGENDA - APPROVED Vice Chairman Wells moved for the adoption of the draft agenda. Supervisor Guevremont seconded the motion, which carried on a voice vote. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 1 CITIZEN COMMENTS Charleen Anderson, Shawnee District, noted her concerns about the Comprehensive Policy Plan Amendment application named AMK Properties. Frank Yurkovich, Shawnee District, said he was opposed to the Comprehensive Policy Plan Amendment application named AMK Properties being sent forward for more study. Leslie Spencer, Gainesboro District, spoke in favor of more study on the Comprehensive Policy Plan Amendment application named AMK Properties. The following spoke in opposition to the Valley North Electric Transmission line project and asked the Board to fight the project being located in the County: Donald Matlock, Gainsboro District Bryan Nuri, Opequon District Allen Hahn, Gainsboro District Nick Floyd, Gainsboro District Robert Budenhop, Opequon District Scott Lynch, Stonewall District Rysa Hulsey, Back Creek District Terri Flyn, Back Creek District Rebecca Rager, Gainesboro District David Dixon, Stonewall District Jenise Dixon, Stonewall District Rebecca Shannon, Gainesboro District Penny Smith, Opequon District Joe DeZarn, Gainesboro District Alexander Ritter, Opequon District Vaughn Whitacre, Gainesboro District Karen Weimer, Back Creek District, asked the Board to join the fight against the MARL transmission line project in her district. Jeff Milburn, City of Winchester, commented on unification efforts between the City of Winchester and Frederick County. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 2 ADOPTION OF CONSENT AGENDA – APPROVED Vice Chairman Wells moved for the adoption of the consent agenda. Supervisor Aikens seconded the motion. Supervisor Liero noted his opposition to further study of the Comprehensive Policy Plan Amendment application named AMK Properties and said he would vote no for that reason. The motion carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero No Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell, Chairman Aye -Approval of Work Session and Regular Meeting Minutes of June 10, 2026 - CONSENT AGENDA APPROVAL -Approval of Work Session Minutes of June 17, 2026 - CONSENT AGENDA APPROVAL -Acceptance of the Public Safety Committee Report of June 18, 2026 - CONSENT AGENDA APPROVAL, Appendix 1 -Acceptance of Parks & Recreation Commission Report of June 9, 2026 - CONSENT AGENDA APPROVAL, Appendix 2 -Acceptance of Human Resources Committee Report of June 26, 2026 - CONSENT AGENDA APPROVAL, Appendix 3 -Acceptance of Transportation Committee Report of June 29, 2026 - CONSENT AGENDA APPROVAL, Appendix 4 -Transportation Committee Business Item: Authorization for staff to execute a contract with the Timmons Group to complete the required Transportation Alternatives Program (TAP) Warrior Drive Trail Extension project. The proposal from Timmons Group is $17,000, and the committee and staff recommended the inclusion of a 15% contingency for a total of $19,550. -CONSENT AGENDA APPROVAL -Transportation Committee Business Item: Authorization for staff to execute a contract withMcCormick Taylor to support the County’s Comprehensive Plan Update. The proposal from McCormick Taylor is $94,718.19, and the committee and staff recommended the inclusion of a 15% contingency for a total of $108,925.92- CONSENT AGENDA APPROVAL -Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation: Emmart Oil Company LLC- $24,900.64: - CONSENT AGENDA APPROVAL -Authorization for the County Administrator to Execute the Updated Memorandum of Understanding Between Virginia Cooperative Extension and the County of Frederick: - CONSENT AGENDA APPROVAL _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 3 -Approval for Sheriff's Office to Apply for DOJ FY 2026 BIDEN Grant - Axon Air /Skydio Drone asFirst Responder Program (No Local Funds Required) - CONSENT AGENDA APPROVAL -Resolution Directing Further Study of Comprehensive Policy Plan Amendment (CPPA)Applications: AMK Properties; BHS LC Property; Carmeuse Lime & Stone; and KSS LC Property - CONSENT AGENDA APPROVAL RESOLUTION DIRECTING FURTHER STUDY OF COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA) APPLICATIONS WHEREAS, The Comprehensive Plan, The Plan, was adopted by the Board of Supervisors on November 10th, 2021; and WHEREAS, the Board of Supervisors and the Planning Commission had a joint work session on June 17, 2026, to discuss the 2026 Comprehensive Policy Plan Amendment (CPPA) applications known as: 1.AMK Properties - Application to designate +/-99.25 acres from “Industrial” and “Residential, 4 Units perAcre” to “Sensitive Natural Areas”.2.BHS LC Property - Application to designate +/-37.35 acres from “Business” to “Recreation”.3.Carmeuse Lime & Stone - Application to designate +/-47.58 acres from “Industrial” and "HeavyIndustrial” to “Extractive Mining”.4.KSS LC Property - Application to designate +/-30.10 acres from “Business” to “Recreation”.WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, general welfare, and good planning practice to direct staff and the Comprehensive Plans and Programs Committee (CPPC) to study the aforementioned requests further; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold the necessary public hearings to consider amendments to the Comprehensive Plan. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS RECOGNITION OF EXCELLENCE - PRESENTATION TO MASTER DEPUTIES DANIEL CHESHIRE AND DAVID SAMPSON Chairman Jewell and County Administrator Michael Bollhoefer recognized and thanked Master Deputy Daniel Cheshire and Master Deputy David Sampson on behalf of the Board for their professionalism while assisting at the data center public information forum held earlier in the year. STAFF DIRECTED TO PREPARE A RESOLUTION DIRECTING STAFF TO AUTHORIZE FOR PUBLIC HEARING AN ORDINANCE AMENDMENT TO REMOVE DATA CENTERS AS AN ALLOWED USE FROM ALL COUNTY ZONING DISTRICTS – APPROVED Chairman Jewell noted that the topic of data centers had been taking a lot of time and focus from other important areas. He moved that the Board direct staff to prepare a resolution to authorize for public hearing an ordinance amendment to remove data centers as an allowed use in all of the County's zoning _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 4 districts. Further, he said, he wanted to clarify that the Board should hear out the existing applications filed and under consideration to establish data centers and that this change is not to impact them. He said those projects will need to be fairly debated by the Board, and that he has severe concerns about both of them. He added that if anyone is considering filing a new application to develop a data center in our County, this is fair warning that the Board is not interested in considering those right now. He continued, saying the County is in the middle of a Comprehensive Plan Update, the State has enacted legislation relative to data centers including granting DEQ some direction on regulating water use and noise, the community has made it abundantly clear they are worried about these things, and he thinks the Board should wait and see how some of those actions pan out. He restated his motion saying, “I move to direct staff to prepare a resolution to authorize for public hearing an ordinance amendment to remove data centers as an allowed use in all of the County's zoning districts." Vice Chairman Wells seconded the motion. Supervisor Oates asked how the two existing applications would be affected by the motion. County Attorney Andrew Fox said the two processes may proceed at the same time. Chairman Jewell’s motion 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 + + + + + + + + + + + + + + COUNTY OFFICIALS RESOLUTION INITIATING A REFERENDUM PURSUANT TO SECTION 58.1-605.1 OF THE CODE OF VIRGINIA AS AMENDED BY THE 2026 BIENNIAL BUDGET OF THE COMMONWEALTH OF VIRGINIA TO AUTHORIZE IMPOSITION OF A LOCAL GENERAL RETAIL SALES TAX NOT TO EXCEED 1%, THE PROCEEDS OF WHICH TAX WOULD BE TO PROVIDE REVENUE SOLELY FOR CAPITAL PROJECTS FOR CONSTRUCTION OR MAJOR RENOVATION OF SCHOOLS IN FREDERICK COUNTY INCLUDING REPAYMENT OF BONDS ISSUED FOR SCHOOL CONSTRUCTION OR MAJOR RENOVATION CAPITAL PROJECTS. - APPROVED Vice Chairman Wells moved for adoption of the draft resolution initiating a referendum pursuant to Section 58.1-605.1 of the Code of Virginia as amended by the 2026 Biennial Budget of the Commonwealth of Virginia to authorize imposition of a local general retail sales tax not to exceed 1%, the proceeds of which _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 5 tax would be to provide revenue solely for capital projects for construction or major renovation of schools in Frederick County including repayment of bonds issued for school construction or major renovation capital projects. Supervisor Aikens seconded the motion. Supervisor Liero and County Attorney Fox discussed the timing of when the tax would be enacted. The motion carried on the following recorded vote: Michael D. Guevremont Aye Robert T. Liero Aye Albert L. Orndorff Aye Robert W. Wells Aye Gary R. Oates Aye Jason C. Aikens Aye John F. Jewell, Chairman Aye RESOLUTION A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS INITIATING A REFERENDUM PURSUANT TO SECTION 58.1-605.1 OF THE CODE OF VIRGINIA AS AMENDED BY THE 2026 BIENNIAL BUDGET OF THE COMMONWEALTH OF VIRGINIA TO AUTHORIZE IMPOSITION OF A LOCAL GENERAL RETAIL SALES TAX NOT TO EXCEED 1%, THE PROCEEDS OF WHICH TAX WOULD BE TO PROVIDE REVENUE SOLELY FOR CAPITAL PROJECTS FOR CONSTRUCTION OR MAJOR RENOVATION OF SCHOOLS IN FREDERICK COUNTY INCLUDING REPAYMENT OF BONDS ISSUED FOR SCHOOL CONSTRUCTION OR MAJOR RENOVATION CAPITAL PROJECTS. WHEREAS, effective July 1, 2026, the Virginia General Assembly has enacted its biennial budget and appropriation legislation (“Budget Bill”) for the biennium commencing July 1, 2026 and ending June 30, 2028; and WHEREAS, the Budget Bill enacts amendments to Section 58.1-605.1 of the Code of Virginia authorizing all Virginia cities and counties to levy a general retail sales tax at a rate not to exceed 1% to provide revenue solely for new construction and major renovation of schools; and WHEREAS, said tax may only be levied if it is approved in a referendum within the County, said referendum to be initiated by this Resolution; and WHEREAS, any such tax approved by referendum and imposed by the County shall expire (i) upon repayment of bonds or loans issued for school construction or major renovation projects or (ii) if the school construction or renovation projects are not to be financed by bonds or loans, on or before June 30, 2046; and WHEREAS, the Board of Supervisors desires to initiate a referendum for the purposes herein set forth. NOW THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors as follows: 1.That the Board of Supervisors hereby requests that the Circuit Court of Frederick County order areferendum pursuant to Virginia Code Sections 24.2-684 and 58.1-605.1, as amended by the Budget Bill,on the issue of whether the County may levy a general retail sales tax at a rate not to exceed 1% toprovide revenue solely for capital projects for the construction or major renovation of public schools inFrederick County.2.For any such capital projects for the construction or major renovation of schools in the County financedby bonds or loans, the tax levied pursuant to this Resolution, if approved by referendum, shall expire onthe date by which such bonds or loans shall be repaid.3.For any such capital projects for the construction or major renovation of schools in the County notfinanced by bonds or loans, the tax levied pursuant to this Resolution, if approved by referendum, shallexpire on June 30, 2046.4.An attested copy of this Resolution shall be forwarded by the County Clerk to the Clerk of the CircuitCourt for consideration and approval by the Court, if deemed to be in order, and for processing andpublication in accordance with state code requirements. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 6 5. The language to appear on the ballot on the referendum is proposed by the Board of Supervisors to be as follows: Shall Frederick County, Virginia be allowed to enact a local retail sales tax of up to one percent (1%) to provide funds that can only be used for construction or major renovation of public schools in Frederick County for a period of not more than twenty years? 6. An attested copy of this Resolution shall be forwarded by the County Clerk to the Registrar and the Electoral Board of the County. + + + + + + + + + + + + + + RESOLUTION OPPOSING THE VALLEY NORTH ELECTRICAL TRANSMISSION LINE PROJECT - APPROVED County Administrator Bollhoefer noted the draft letter of opposition included in the meeting agenda packet and explained that Board members had asked for options for a stronger response to oppose the proposed Valley North Transmission project. He said staff had prepared a resolution similar to those being approved in other localities, which had been added to the agenda packet. Vice Chairman Wells moved to approve the Resolution Opposing the Valley North Electrical Transmission Line Project. Supervisor Aikens seconded the motion. Supervisor Oates suggested the Board could use the same legal counsel contracted by Frederick Water. He said the County should have a web page and a point person to handle information on the Valley North project. He noted that the State Corporation Commission has the ultimate influence on the project location, and that letters from constituents to the State Corporation Commission will help the effort. Supervisor Aikens agreed and said that comments can be submitted on the State Corporation Commission website. The motion 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 A RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS OPPOSING THE VALLEY NORTH ELECTRICAL TRANSMISSION LINE PROJECT WHEREAS, Valley Link, a joint venture of Dominion Virginia Power, FirstEnergy Generation Corporation, and Transource Virginia, Inc., proposes to construct and operate a new 765-kilovolt electrical transmission line known as the Valley North project; and WHEREAS, all study areas and proposed routes for the Valley North project specify that the new transmission line will traverse the entire breadth of Frederick County at one of three locations, any and all of which will significantly impact the citizens of Frederick County as is more fully set forth below; and WHEREAS, the Valley North project will require the construction of steel lattice towers with an average _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 7 height of 150-175 feet and the acquisition of a continuous 200-foot right of way along the transmission path; and WHEREAS, the Valley North project will require that Valley Link acquire through the exercise of eminent domain or other methods easements and other property interests impacting hundreds or thousands of private property owners in Frederick County; and WHEREAS, the Valley North project will negatively impact and irreparably harm farms, active orchards, forests, and other agricultural resources; scenic landscapes; conservation easements; property owners’ and citizens’ quiet enjoyment of their properties and public lands; and potential economic opportunities in Frederick County; and WHEREAS, construction of the Valley North Project along any and all of the current study areas and proposed routes is inconsistent with Frederick County’s Comprehensive Plan; and WHEREAS, the study areas and proposed routes for the Valley North project directly violate the intent of the Agricultural and Forestal Districts Act by impacting the County’s adopted districts in an adverse manner; and WHEREAS, the Valley North project presents no apparent benefit to the citizens of Frederick County who will shoulder a disproportionate share of all of the above-stated burdens of the project; and WHEREAS, Valley North is only one of several actual or potential major electrical transmission line and infrastructure projects targeting Frederick County and the Shenandoah Valley region as part of an overall effort to serve electrical users, including data centers, in the Northern Virginia region; and WHEREAS, the Board of Supervisors joins in these and other concerns raised by the Honorable Virginia State Senator Timmy French and Delegates Bill Wiley and Delores Oates in their statement of June 11, 2026, opposing the Valley North project; and WHEREAS, it is the responsibility and mandate of the Frederick County Board of Supervisors to act on behalf of all citizens of Frederick County to ensure the health, safety, and welfare of all of Frederick County; NOW THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors as follows: 1. That the Board of Supervisors hereby expresses its strong opposition to the Valley North 765-kilovolt electrical transmission project as planned and proposed by Valley Link. 2. That the Board of Supervisors hereby authorizes and directs the County Administrator to do all things necessary to oppose the Valley North project being sited along any and all of the proposed study areas and routes located in Frederick County, including but not limited to formally participating in any action before the Virginia State Corporation Commission, any applicable federal agency, or in any court of competent jurisdiction within the Commonwealth of Virginia. 3. That the Chairman of the Board of Supervisors and the County Administrator are authorized to coordinate with the governing bodies, staff, and legal counsel for the City of Winchester and Clarke, Loudoun, and other counties or localities affected by the proposed Valley North project to oppose or otherwise mitigate the negative effects of the project. 4. That the County Administrator and County Attorney are authorized to retain specialized legal and consulting services as necessary and within available or subsequently authorized appropriations to assist in the County’s formal opposition to the Valley North project, including entry into any joint representation pact with other affected localities as set forth above. 5. That the County Administrator shall transmit a certified copy of this Resolution to the Governor of Virginia, the Honorable Senator Timmy French, the Honorable Delegates Bill Wiley and Delores Oates, the clerks of the City of Winchester and Clarke and Loudoun Counties, and to Valley Link Transmission Company, LLC and its affiliated partners. + + + + + + + + + + + + + + _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 8 APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS LUCAS COOK REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD AS SHAWNEE DISTRICT REP. -APPROVED On motion of Supervisor Liero, seconded by Supervisor Guevremont, Lucas Cook was reappointed by a voice vote to the Historic Resources Advisory Board as Shawnee District rep. for a 4-year term ending July 13, 2030. STEVE CANTU REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD AS AT-LARGE - APPROVED On motion of Supervisor Liero, seconded by Supervisor Guevremont, Steve Cantu was reappointed by a voice vote to the Historic Resources Advisory Board as an At-large rep. for a 4-year term ending August 8, 2030. COMMITTEE BUSINESS – None PUBLIC HEARINGS (NON PLANNING ISSUES) - None + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS – PUBLIC HEARINGS CONDITIONAL USE PERMIT #02-26 FOR LAMAR ROSENBERRY – APPROVED Planner Eric Bittner reviewed the request for a conditional use permit (CUP) for a public garage for automotive repair in the RA (Rural Areas) Zoning District on approximately 9.88 acres. He said the proposed repair garage will be operated inside an existing 28’ x 52’ area inside the existing structure (garage), the repairs and services will consist of preventive maintenance, computer diagnostics, and failed sensor/parts and replacements. He concluded by saying no engine or major automotive component overhauling will be conducted, and waste and scrap materials will be stored inside the facility and recycled on a consistent basis. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 9 Vice Chairman Wells and the Applicant, Lamar Rosenberry, discussed the meaning of “not a performance garage” as stated in the application. Mr. Rosenberry said he will not be rebuilding race car engines and will not be generating much engine noise. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Supervisor Aikens moved to approve CONDITIONAL USE PERMIT #02-26 FOR LAMAR ROSENBERRY. 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 ORDINANCE CONDITIONAL USE PERMIT #02-26 PUBLIC GARAGE (LAMAR ROSENBERRY) WHEREAS, CONDITIONAL USE PERMIT APPLICATION #02-26 was submitted by Lamar Rosenberry for a Public Garage. The property is located at 730 Packhorse Road, Winchester, Virginia and is identified with Property Identification Number 07-6-2 in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on June 3, 2026, and deferred the public hearing; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on July 1, 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 July 8, 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 #02-26 to allow for a public garage on the parcel identified with Property Identification Number 07-6-2 is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The required drainfield/septic approval shall be inspected and approved by the Virginia Department of Health prior to the establishment of the use. 3. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 4. All automotive repair-related activities, including repairs, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 5. All parking areas shall have a gravel or hard surface. 6. The business is not permitted employees beyond those residing on the property. 7. The hours of operation shall be from 8 a.m. to 5 p.m. Monday through Friday. Saturday and Sunday by appointment only. 8. A maximum of three (3) vehicles awaiting service is permitted. 9. Any expansion or change of use shall require a new Conditional Use Permit. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 10 + + + + + + + + + + + + + + REZONING #05 -26 FOR BUSY BEEZ (CLEAR BROOK RENTALS, LLC) – APPROVED Planner Eric Bittner explained the request to rezone approximately 0.56 acres from B2 (General Business) Zoning District with proffers to B2 Zoning District with revised proffers. He said the proposed proffers would enable “health care services” as a permitted use. Chairman Jewell opened the public comment period. No one addressed the Board. Chairman Jewell closed the public comment period. Supervisor Oates moved to approve REZONING #05-26 FOR BUSY BEEZ (CLEAR BROOK RENTALS, LLC. 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 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-26 FOR BUSY BEEZ DAYCARE (CLEAR BROOK RENTALS, LLC) WHEREAS, REZONING #05-26 of Busy Beez Daycare (Clear Brook Rentals, LLC) submitted to rezone 0.56+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revised proffers to allow for health care services. The property is located at 4489 Martinsburg Pike, Clear Brook and is identified by Property Identification Number 33-A-93 in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on July 1, 2026, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on July 8, 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 #05-26 of Busy Beez Daycare (Clear Brook Rentals, LLC) submitted to rezone 0.56+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revised proffers dated May 7, 2026. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. + + + + + + + + + + + + + + _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 11 PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS FURTHER STUDY OF COMPREHENSIVE POLICY PLAN AMENDMENT (CPPA) APPLICATION – PINE HILL PROPERTIES – DENIED Incoming Planning Director John Bishop reviewed the request to amend the Comprehensive Plan to change the designation of three (3) parcels totaling approximately 50.0 acres from an “urban center” land use designation to a “residential” land use designation and to include the properties in the limits of the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). He said the properties are presently zoned RA (Rural Areas), the current use is vacant/agriculture, and the properties are located adjacent to Justes Drive and east of Route 522. He concluded by saying that at the joint Board- Planning Commission work session on June 17th, the Board did not reach consensus on this CPPA. Supervisor Liero noted his concern about the ongoing comprehensive plan update process and traffic in the subject area and said the topic of additional housing needs to be studied further before this application is addressed. He moved that the application not be sent forward for further study at this time. 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 No John F. Jewell, Chairman Aye Mr. Bishop noted that the while application will not immediately go to further study by the Planning Commission, it will continue to move through the process as part of the comprehensive plan update. + + + + + + + + + + + + + + BOARD LIAISON REPORTS Vice Chairman Wells provided an update from the Public Safety Committee. Supervisor Aikens provided an update regarding the hiring of the EDA Director. Supervisor Guevremont noted the recent firefighter recruit graduation. CITIZEN COMMENTS Vicki Michaels, Stonewall District, thanked the Board for adopting the resolution opposing the Valley North Transmission Line and for listening to the constituents about data centers. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 12 Theresa Ostertag, Back Creek District, thanked the Board for directing staff to prepare a resolution to schedule public hearings on an ordinance amendment to remove data centers as an allowed use from all county zoning districts. Leslie Spencer, Gainesboro District, thanked the Board for directing staff to prepare a resolution to schedule public hearings on an ordinance amendment to remove data centers as an allowed use from all county zoning districts. Penny Smith, Opequon District, said she was concerned about development at the Gibson property site near Lake Frederick, saying if a data center or industrial area is built, she is worried about contamination. BOARD OF SUPERVISORS COMMENTS STAFF DIRECTED TO REVIEW NOISE ORDINANCE IN RA DISTRICT Supervisor Aikens moved to direct staff to review the current noise ordinance concerning animals and fowl, which he said is not enforceable in the RA district. He asked that staff look at lot size in subdivisions and address noise, excluding agricultural noise. 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 No Jason C. Aikens Aye John F. Jewell, Chairman Aye Supervisor Oates said he voted no because he is concerned that changing the noise ordinance will negatively affect farmers. Vice Chairman Wells said it will be difficult to change the ordinance, and neighbors need to get along. Supervisor Oates said houses are the biggest threat to farmers. # # # Vice Chairman Wells endorsed the Sheriff’s Office Summer Youth Camp. Supervisor Liero praised the Parks & Recreation Department for the July 4 festivities and fireworks. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 13 ADJOURN On motion of Vice Chairman Wells, seconded by Chairman Jewell, the meeting was adjourned at 8:36 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 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 14 PUBLIC SAFETY COMMITTEE REPORT to the BOARD OF SUPERVISORS Thursday, June 18, 2026 8:30 a.m. 1080 COVERSTONE DRIVE, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Chairman Bob Wells, Gary Oates, Marv Davis, Helen Lake, Chuck Torpy and Rodney Snapp. Mike Guevremont was absent. Staff and guests present: County Administrator Michel Bollhoefer, Fire & Rescue Chief Steve Majchrzak, Communications Director Ginger Whitacre, Volunteer Fire & Rescue President Dan Cunningham, Captain Warren Gosnell and Sheriff Millholland. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1. None ITEMS FOR INFORMATION ONLY: 1.BlueLine Solutions update: Captain Gosnell provided an update on the BlueLine Solutions initiative that has been “live” for 2 months. Since the fines have started being imposed, citations have garnered $708,720 and the number of violators per month is diminishing. Captain Gosnell stated that this operation has been very successful. He added that with new laws taking effect July 1, receivers of these citations will have two chances to appeal a ticket. If they fail to appear in court, the DMV will put a hold on their registration until the citation is paid. Appealing in court also adds a court fee of $79. The Sheriff’s Office next project is to work on e-bike/scooter ordinances within the County as their popularity is growing. 2. Update on Station 22 (see attached): Chief Majchrzak briefly addressed the new Station 22. They are currently in the final few steps of the design phase then the site and building permit will be put to an RFP for the construction phase with a tentative opening date in 2028. There are 18 new Fire & Rescue graduates next week that will assist in the up-staffing at current stations as well as Station 22. Equipment and supplies are already being purchased Board of Supervisors Meeting Minutes of July 8, 2026 - Appendix 1 _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 15 and Chief Majchrzak stated progress is looking good. 3.Other business: The Northwest Virginia Drug Task Force gave a brief overview of their agency and the impact in Frederick County. They are tasked with investigating the activity of gangs, drug trafficking, narcotics, illegal weapons, cartels, etc. in our area as well as 5 surrounding counties. Frederick County has become a hot spot for such illegal activity over the years as it is situated between major roadways and States. In the last 6 months alone, NVDTF has taken over 5 million dollars’ worth of drugs alone off the streets in Frederick County. . Respectfully submitted, Public Safety Committee Bob Wells Helen Lake Gary Oates Chuck Torpy Mike Guevremont Rodney Snapp Marv Davis _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 16 PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS Tuesday, June 9, 2026 7:00 p.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA The Parks and Recreation Commission met on Tuesday, June 9, 2026. Members present were Gary Longerbeam, Dennis Grubbs, Patrick Anderson, Michael Stottlemyer, Randy Carter, and Charles R. Sandy, Jr. Members absent: Jennifer Myers, Vaughn Whitacre ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS: 1.None ITEMS SUBMITTED FOR INFORMATION ONLY 1.Mr. Anderson nominated Mr. Longerbeam to serve as Vice Chairperson for the remainder of 2026, seconded by Mr. Sandy, approved (6-0). 2.A motion was made by the Buildings and Grounds Committee to recognize Ron Madagan through the Recognition for Exceptional Contribution to Parks and Recreation in Frederick County program with a plaque on the monument at Sherando Park-Warrior Drive entrance, seconded by Mr. Grubbs, approved (6-0). 3.The Commission supports the Staff’s plan on the use of capital and proffer funds for identified projects to keep current priority projects on schedule. Cc: Randy Carter, Chairperson Robert Liero, Liaison, Frederick County Board of Supervisors Board of Supervisors Meeting Minutes of July 8, 2026 - Appendix 2 _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 17 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, June 26, 2026 8:45 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA A Human Resources Committee meeting was held in the First Floor Conference Room at 107 North Kent Street on Friday, June 26, 2026, at 8:45 a.m. ATTENDEES: Committee Members Present: Robert Liero, Sonia Marfatia-Goode, and Patrick Anderson Committee Members Absent: Mike Guevremont and Jason Aikens Staff present: Mike Bollhoefer, County Administrator; Michael Marciano, HR Director; Danielle Ritter, HR Assistant; and David Hupp, President of Frederick County Professional Firefighters ITEMS FOR INFORMATION PURPOSES ONLY Overview of Leave Donation Programs Human Resources Director Michael Marciano presented an overview of potential leave donation options, including a Sick Leave Bank, Direct Leave Donation Program, and Hybrid approach, as well as upcoming Virginia paid leave legislation. The Committee discussed potential eligibility requirements, program administration, employee privacy, and safeguards to promote consistent and equitable administration of any future leave donation program. The Committee requested staff to: •Develop proposed Sick Leave Bank eligibility requirements and program parameters. •Research how other Virginia local governments administer sick leave bank programs. •Include a minimum County service requirement as part of the proposed eligibility criteria. Turnover Ratio The HR Committee reviewed Turnover Ratio charts for Frederick County and the Department of Social Services covering the period January 2026 through March 2026. No additional action was requested. Respectfully submitted, HUMAN RESOURCES COMMITTEE Robert Liero, Chairman Jason Aikens Michael Guevremont Patrick Anderson Sonia Marfatia-Goode By Michael J. Marciano Michael J. Marciano, Director of Human Resources Board of Supervisors Meeting Minutes of July 8, 2026 - Appendix 3 _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 18 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, June 29, 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) Kevin Kenney (Voting) and Tim Stowe (Voting) Committee Members Absent: Jason Aikens, (Voting) Staff Present: John Bishop, Assistant Director and Kathy Smith ITEMS REQUIRING ACTION BY THE BOARD OF SUPERVISORS On-Call Proposal-TAP Environmental Work: Staff provided an overview of the Transportation Alternatives Program (TAP) Warrior Drive Trail Extension project and the County’s obligation to complete wetland-related environmental work. Expected are minimal wetland impacts; if conditions change, the project will return for reconsideration. The proposal from Timmons Group was reviewed and is attached that outlines tasks for wetland delineation and nationwide permit preparation totaling $17,000. Staff recommended forwarding the proposal to the Board of Supervisors with a 15% contingency for a total of 19,550. Recommended Action: Upon a motion made by Tim Stowe, seconded by Kevin Kenney, the Committee recommends forwarding the Timmons Group proposal for TAP environmental work required to the Board of Supervisors with a 15% contingency. On-Call Proposal-Comprehensive Plan Update Transportation Modeling: Staff presented the McCormick Taylor proposal to support the County’s Comprehensive Plan Update. This study will help guide updates to the County’s Comprehensive Plan and ensure future road projects are realistic, prioritized, and aligned with community needs. The attached proposal totals $94,718.19 with an anticipated schedule of six months from notice to proceed. Staff recommended forwarding the proposal to the Board of Supervisors with a 15% contingency for a total of 108,925.92. Recommended Action: Upon a motion made by Tim Stowe, seconded by Kevin Kenney, the Committee recommends forwarding the McCormick Taylor proposal for Comprehensive Plan travel demanding services to the Board of Supervisors with a 15% contingency. ITEMS FOR INFORMATION ONLY: Board of Supervisors Meeting Minutes of July 8, 2026 - Appendix 4 _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 19 County Projects Update: Renaissance Drive Construction is complete; final invoice and CSX reimbursement are pending before project closeout. Gainesboro Road: Consultant is addressing feedback from the 30% design plans and proceeding toward 60% plans expected in July. Other Business: The Committee discussed several intersections where safety studies were conducted or pending. Hunting Ridge Road (no changes recommended), Cedar Creek Grade (multiple recent accidents; studying warrants for 4way stop or signal), and Clydesdale/522 South. The Committee will also review increased truck traffic on Jones Road and consider potential restrictions based on updated traffic counts. Also, VDOT discussed Rt. 7 bridge deck replacement at Exit 315 will be restarting mid-July with weekend closure. _____________________________________ Minute Book 52 Board of Supervisors Regular Meeting of July 8, 2026 County of Frederick, Virginia 20