HomeMy WebLinkAboutFebruary 2 2022 Closed Session Meeting Minutes 262
MINUTES
CLOSED SESSION
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, FEBRUARY 2, 2022
5:30 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; J. Douglas McCarthy, Vice Chairman;
Robert W. Wells; Judith McCann-Slaughter; Blaine P. Dunn; Shawn L. Graber; and Josh E. Ludwig were
present.
Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator;
Roderick B. Williams, County Attorney; Mark Cheran, Zoning & Subdivision Administrator; Patrick Barker,
EDA Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 5:30 p.m.
CLOSED SESSION
Vice Chairman McCarthy moved that the Board of Supervisors of Frederick County enter a closed
session pursuant to Virginia Code Sec. 2.2-3711(A)(7) and (8) for consultation with legal counsel and
briefings by staff members pertaining to actual or probable litigation, where such consultation or briefing in
open meeting would adversely affect the negotiating or litigating posture of the public body, and for
consultation with legal counsel employed by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel, the litigation and matters concerning notices of zoning violation
issued against and an appeal to the Board of Zoning Appeals filed by Winchester Wireless, LLC and
Williamson Enterprise, LLC, trading as Winchester Wireless, regarding the construction of a
telecommunications tower at 101 Greenway Court, and concerning the legal requirements applicable to a
conditional use permit application for such telecommunications tower; and pursuant to Virginia Code Sec.
2.2-3711(A) (5) for discussion concerning the expansion of an existing business or industry where no
previous announcement has been made of the business'or industry's interest in expanding its facilities in the
community. Supervisor Dunn seconded the motion which carried on a voice vote.
At 6:15 p.m., the Board members being assembled within the designated meeting place in the
Minute Book 47
Board of Supervisors Closed Session of February 2, 2022
County of Frederick, Virginia
263
presence of members of the public and the media desiring to attend, the meeting was reconvened on motion
of Vice Chairman McCarthy, seconded by Supervisor Wells, and carrying on a voice vote. Vice Chairman
McCarthy 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
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 Graber seconded the motion which carried as follows on a recorded vote:
Blaine P. Dunn Aye Josh E. Ludwig Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ADJOURNMENT
On motion of Vice Chairman McCarthy, seconded by Supervisor Graber, the meeting was adjourned
at 6:17 p.m.
Charles S. DeHaven, Jr. Michael Bollhoefer
Chairman, Board of Supervisors County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 47
Board of Supervisors Closed Session of February 2, 2022
County of Frederick, Virginia