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January 3 2024 Special Meeting Minutes 186 MINUTES SPECIAL MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, JANUARY 3, 2024 5:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Blaine P. Dunn, Vice Chairman; Judith McCann- Slaughter; Robert W. Wells; Heather H. Lockridge; and John F. Jewell were present. The Shawnee District seat is currently vacant.Staff present: Michael Bollhoefer, County Administrator;Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technologies; Rich Venskoske, Director of Elections; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 5:00 p.m. CLOSED SESSION Vice Chairman Dunn moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Section 2.2-3711(A)(1) for discussion of candidates for the Shawnee District Supervisor. Supervisor Lockridge seconded the motion which carried on a voice vote. At 5:53 p.m., the Board members being assembled within the designated meeting place in the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Dunn, seconded by Supervisor Slaughter, and carrying on a voice vote. Vice Chairman Dunn moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia Minute Book 49 Board of Supervisors Special Meeting of January 3, 2024 County of Frederick, Virginia 187 law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Slaughter seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye (Shawnee District Seat Vacant) John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye APPOINTMENT OF ROBERT LIERO INTERIM SHAWNEE DISTRICT SUPERVISOR Supervisor Lockridge moved that Robert Liero be appointed as interim Shawnee District Supervisor. Supervisor Slaughter seconded the motion. Vice Chairman Dunn said he favored an election in April rather than an appointment to allow the voters to decide on their representative. He moved to substitute a motion to have a special election in April rather than make an appointment. The motion died for lack of a second. The motion to appoint Robert Liero carried as follows on a recorded vote: Blaine P. Dunn No (Shawnee District Seat Vacant) John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye COUNTY ATTORNEY AUTHORIZED TO FILE A PETITION FOR WRIT OF ELECTION TO FILL SHAWNEE DISTRICT BOARD MEMBER SEAT The Board and staff discussed the timing and costs of a special election. Supervisor Jewell moved to adopt the resolution authorizing the County Attorney to file a petition for writ of election on November 5, 2024, to fill the vacancy in the office of Shawnee District member of the Board of Supervisors. Supervisor Slaughter seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn No (Shawnee District Seat Vacant) John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Minute Book 49 Board of Supervisors Special Meeting of January 3, 2024 County of Frederick, Virginia 188 RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF SHAWNEE DISTRICT MEMBER OF THE BOARD OF SUPERVISORS WHEREAS,Josh E.Ludwig began service as Chairman At-Large of the Board of Supervisors,effective January 1, 2024,thereby vacating the office of Shawnee District member of Board of Supervisors as of the same date;and WHEREAS,Virginia Code§24.2-226(A)requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Shawnee District member of Board of Supervisors within 15 days of the vacancy;and WHEREAS,the Board fmds it appropriate that the election to fill the vacancy in the office of Shawnee District member of the Board of Supervisors take place on November 5,2024. NOW,THEREFORE,BE IT RESOLVED,that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election,to fill the vacancy in the office of Shawnee District member of the Board of Supervisors,such election to occur on November 5,2024. ADJOURN There being no further business, at 6:08 p.m. the meeting was adjourned. Josh E. Ludwig Michael Bollhoefer Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 49 Board of Supervisors Special Meeting of January 3, 2024 County of Frederick, Virginia