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May 22 2024 Board Regular Meeting Minutes 380 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 22, 2024 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Josh E. Ludwig, Chairman; Judith McCann-Slaughter, Vice Chairman; Robert W. Wells; Blaine P. Dunn; Heather H. Lockridge; John F. Jewell; and Robert T. Liero were present. 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; Nick Sabo, Regional Airport Authority Executive Director; Tonya Sibert, Commissioner of the Revenue; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman Ludwig called the meeting to order at 7:00 p.m. INVOCATION Supervisor Liero delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Slaughter led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Vice Chairman Slaughter moved for the adoption of the draft agenda. The motion was seconded by Supervisor Wells and carried on a voice vote. Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 381 CITIZEN COMMENTS Alice Strickler addressed the Board regarding the death of her son, fire recruit class member Ian Strickler. William "Clay" Perry, Back Creek District, said he had applied to serve on the Laurel Ridge Community College Board and asked the Board to consider appointing him. Donald Didawick, Gainesboro District, said he was concerned that the County-owned Sunnyside Plaza property sitting vacant is a waste of tax-payer dollars. ADOPTION OF CONSENT AGENDA—APPROVED Vice Chairman Slaughter moved for the adoption of the consent agenda. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye -Approval of Minutes of Regular Meeting of May 8, 2024—CONSENT AGENDA APPROVAL -Approval of Minutes of Work Session of May 16, 2024—CONSENT AGENDA APPROVAL -Acceptance of the Human Resources Committee Report of April 26, 2024—CONSENT AGENDA APPROVAL,Appendix 1 -Approval of airport capital fund supplemental appropriation of$53,368—CONSENT AGENDA APPROVAL + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Dunn reviewed the discussion points surrounding a fourth high school saying he would ask the Board to vote at the next meeting on various options he will present. Supervisor Lockridge referenced the School Board meeting held the previous evening. She moved that the Board of Supervisors request that the School Board take a vote on their support of a fourth high school. Supervisor Jewell said such a motion was putting the cart before the horse since the Boards have Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 382 already agreed to hold joint work sessions on the matter. Supervisor Dunn agreed saying he preferred the joint meetings be held first. The Board members discussed the CIP having been adopted and serving as a roadmap rather than a fiscal commitment in addition to its facilitating the Development Impact Model. County Administrator Bollhoefer noted that the Board had directed him to seek third-party support and he has identified an architect who will review building plans and cost estimates. Chairman Ludwig said he was in favor of the motion because the School Board membership had changed since the Schools' CIP was adopted. At Vice Chairman Slaughter's request, Supervisor Lockridge restated her motion that the Board of Supervisors request that the School Board take a roll call vote on their support of a fourth high school. Supervisor Wells said he preferred that the Board take a consensus rather than pass a motion asking the School Board to take action. The motion failed on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Supervisor Jewell said he was looking forward to working with the School Board at the joint work sessions. Chairman Ludwig said that School Board member Bell had made inappropriate remarks about those who are concerned about tax increases and that there should be a discussion of options to solve the problem of funding services that citizens want. COUNTY OFFICIALS - None APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS - None WILLIAM "CLAY" PERRY APPOINTED TO LAUREL RIDGE COMMUNITY COLLEGE BOARD— APPROVED Supervisor Lockridge moved for the appointment of William "Clay" Perry to the Laurel Ridge Community College Board for a 4-year term beginning July 1, 2024, and ending June 30, 2028. Supervisor Liero seconded the motion. Supervisor Jewell asked whether the recommendation from the Laurel Ridge Board that Michael Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 383 Lake be reappointed should be entertained before appointing a new member. Chairman Ludwig said there was a motion on the table that needed to be addressed. The motion carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye DOLORES STOTTLEMYER APPOINTED TO SOCIAL SERVICES BOARD AS SHAWNEE DISTRICT REP. — APPROVED Supervisor Liero moved for the appointment of Dolores Stottlemyer to the Social Services Board as Shawnee District Rep. to fill a vacant 4-year term ending June 30, 2026. Supervisor Lockridge seconded the motion. Supervisor Wells said he had hoped the Board would allow more time for applications to be received before filling the vacancy. Supervisor Jewell noted that the Chairman has previously delayed making appointments to allow time for more applications to arrive. The motion carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + COMMITTEE BUSINESS—HUMAN RESOURCES COMMITTEE CREATION OF BUSINESS DIVISION SPECIALIST—APPROVED Commissioner of the Revenue Tonya Sibert explained the request to create a new position on her staff. Supervisor Jewell moved for the creation of a Business Division specialist position at Range 215 to capture additional duties performed by a current staff member in the office of the Commissioner of the Revenue. Supervisor Lockridge seconded the motion which carried on the following recorded vote: Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 384 Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (Non Planning Issues) ORDINANCE—SALARIES OF THE BOARD OF SUPERVISORS (FY 2024-2025)—APPROVED Chairman Ludwig opened the public hearing. Vic Canfield, Stonewall District, said he thinks there should be some sort of raise for the members of the Board. Chairman Ludwig closed the public hearing. Vice Chairman Slaughter moved that the Board set the FY 2024-2025 Board Salaries at the current rates as follows: Chairman, $10,800;Vice Chairman, $10,200; and Each Other Member of the Board of Supervisors at$9,000. Supervisor Lockridge seconded the motion. Supervisor Dunn moved to amend the motion to postpone action and re-advertise the salaries each increased by$2000 for a public hearing at a future meeting. Supervisor Wells seconded the motion. Supervisor Dunn stated the Board salaries had not increased for 23 years and the position requires 20-30 hours a week. Supervisor Wells said the Board's pay is a stipend, not a salary, and does not pay all expenses incurred by the members in doing their jobs so an increase would be welcome. The motion to amend failed on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero No John F. Jewell No Robert W. Wells Aye Heather H. Lockridge No Josh E. Ludwig No Judith McCann-Slaughter No The main motion adopting the Board salaries as advertised carried on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye 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 Regular Meeting of May 22, 2024 County of Frederick, Virginia 385 ORDINANCE SALARIES OF BOARD OF SUPERVISORS FISCAL YEAR 2024-2025 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors, for fiscal year beginning July 1,2024, shall be as follows: Chairman, $10,800;Vice Chairman, $10,200; and Each Other Member of the Board of Supervisors at$9,000. + + + + + + + + + + + + + + PROPOSED LEASE AGREEMENT BETWEEN THE COUNTY OF FREDERICK, VIRGINIA AND WARFEL CONSTRUCTION—APPROVED Deputy County Administrator Jay Tibbs explained the request from Warfel Construction to lease space for storage at the Sunnyside Plaza complex. He noted that rental income offsets the utilities costs at the property. At Supervisor Lockridge's request, Mr. Tibbs reviewed the history of the purchase of the Plaza property for the future expansion of county offices. He added that the discussion of developing the office space was put on hold during the Covid -19 pandemic and had not yet been resumed. Chairman Ludwig opened the public hearing. No one wished to address the Board. Chairman Ludwig closed the public hearing. Vice Chairman Slaughter moved that the Board approve the proposed Lease Agreement between the County of Frederick, Virginia, and Warfel Construction for space located at 219 & 221 Sunnyside Plaza Circle containing approximately 2,400 Square Feet, identified as Parcel Number 53-A-52-E in the Stonewall Magisterial District for a 12-month term commencing on June 1, 2024, and expiring May 31, 2025. Supervisor Jewell seconded the motion which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS - None Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 386 PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS—None BOARD LIAISON REPORTS Supervisor Liero provided updates from the Planning Commission and the Tourism Board. Supervisor Lockridge noted the Volunteer Fire and Rescue Assoiation reported that beginning in November 2024, EMS staff will no longer be able to obtain medications and supplies from the hospital as is currently done and an alternative arrangement will be needed. CITIZEN COMMENTS Miles Adkins, Shawnee District, advocated for the Board to help a man keep his cow on his property. Janice Wolk Grenadier, City of Alexandria, spoke in support of Robert Gallalee who is currently in litigation regarding a zoning violation issued by the County for livestock on his property. Donald Didawick, Gainesboro District, said tax dollars are being wasted on Sunnyside Plaza and building new schools. Robert Gallalee, Back Creek District resident currently in litigation regarding a zoning violation issued by the County for livestock on his property, addressed the Board about his case. Vic Canfield, Stonewall District, said the County is over-zoned and much of the zoning should be eliminated. Rodney Wine, Shawnee District, said he agreed with the motion to ask the School Board to vote on their support for the fourth high school. He asked the Board to grant a variance for the man with a cow and asked the Board to re-visit the rule on the amount of land required for chickens. Tammy Canfield, Stonewall District, discussed the connections between communism and the control of agriculture saying the Board is strangling the people with zoning. William Clay Perry, Back Creek District, thanked the Board for appointing him to the Laurel Ridge Community College Board. He endorsed Robert Gallalee. He asked the Board to address the issue of homelessness in the County. Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 387 Donna Houghton, Back Creek District, said she was disappointed by the low amount of rent being charged for the Sunnyside lease. She discussed property rights saying that people should be allowed to use their land as they wish. BOARD OF SUPERVISORS COMMENTS Supervisor Wells noted that Memorial Day was the following weekend and thanked those who gave their all for the country. Supervisor Lockridge moved that the Board either grant a variance, spot zone, or`grandfather' the use to allow Robert Gallalee to have livestock on his property in the Shawneeland subdivision. Following County Attorney Williams' clarification, Supervisor Lockridge restated her motion to read that the Board refer to the Planning Commission for a public hearing the matter of rezoning of the property owned by Robert Gallalee who is currently in litigation regarding a zoning violation issued by the County for livestock on his property. Chairman Ludwig seconded the motion. Supervisor Lockridge said that if the litigation continues, it will cost thousands to fight something that she understands was allowed in 1993. Chairman Ludwig said he wants to dispense with the matter and understands that the original complainant no longer lives in the area. Supervisor Jewell spoke against giving an exception to one property owner without consideration of adjoining landowners. He said the zoning should not be changed until the court case is decided. Supervisor Lockridge said her motion would send the matter to a public hearing allowing other property owners to be heard. She noted the property is fenced and has a barn. Supervisor Jewell said an exception should not be made for one owner and should not be made in the middle of a court case. Supervisor Liero noted the history of the case saying there are property rights issues on both sides and that deciding now could be jumping over the process. Chairman Ludwig said that he liked the idea of the public having a say rather than the court deciding the issue. Supervisor Dunn and County Attorney Williams discussed the case timeline, the possible track if the matter went through the rezoning process, and the possible setting of precedent for such rezonings. Minute Book 49 Board of Supervisors Regular Meeting of May 22, 2024 County of Frederick, Virginia 388 Vice Chairman Slaughter noted that a basic rule is never legislate for one person adding that other properties are affected by a rezoning. Chairman Ludwig and Supervisor Wells discussed the process and the possibility that Robert Gallalee could request rezoning of his property to address the problem. Supervisor Dunn and County Attorney Williams discussed the possibility that if the case goes to court and the County wins, Mr. Gallalee can still pursue rezoning via the regular process. The motion to send the matter to the Planning Commission for a public hearing failed on the following recorded vote: Blaine P. Dunn No Robert T. Liero Aye John F. Jewell No Robert W. Wells No Heather H. Lockridge Aye Josh E. Ludwig Aye Judith McCann-Slaughter No Supervisor Jewell announced the upcoming Rotary Club's Healing Field of Honor in held in conjunction with Memorial Day. Chairman Ludwig said he hoped Mr. Gallalee would think about his options. ADJOURN On motion of Vice Chairman Slaughter, seconded by Supervisor Lockridge, the meeting was adjourned at 9:05 p.m. 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 Regular Meeting of May 22, 2024 County of Frederick, Virginia 389 Board of Supervisors Meeting Minutes of May 22, 2024 - Appendix 1 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday,April 26,2024 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held on the First Floor Conference Room at 107 North Kent Street on Friday,April 26,2024,at 9:00 a.m. ATTENDEES: Committee Members Present: John Jewell,Chairman;Josh Ludwig; Kevin Callanan;and Emily Kelley. Staff present: Mike Bollhoefer,County Administrator;Jay Tibbs, Deputy County Administrator; Michael Marciano, HR Director; DeLois Blevins, HR Manager; Rebecca Trezise, HR Generalist—Training& Development and Data Analytics; Delsie Jobe,Administrative Services Manager;Tonya Sibert, Commissioner of Revenue; and Derek Brill, Chief Deputy—Commissioner of Revenue. ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS Tonya Sibert,Commissioner of Revenue,sought to create a Business Division Specialist position (Range 215- $56,912 -$93,802)to capture the additional duties a member of her staff is performing.Towards that end, Ms. Sibert will promote the current staff member into the newly created Business Division Specialist role. The committee recommends approval,4 in favor&0 against. ITEM FOR INFORMATION PURPOSES ONLY The HR Committee reviewed the "Turnover Ratio"chart for Frederick County. The periods analyzed were January 2023 to December 2023 and January 2024 to March 2024. In the future, Delsie Jobe will also be providing the turnover data for the Department of Social Services.The HR Committee would like to look at this data quarterly. Respectfully submitted, HUMAN RESOURCES COMMITTEE John Jewell,Chairman Josh Ludwig Kevin Callanan Emily Kelley By Michael J. Marciano, Director of Human Resources Minute Book 49 Board of Supervisors Regular Meeting of May 22,2024 County of Frederick, Virginia