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HomeMy WebLinkAboutFebruary 23 2022 Board Closed Session Minutes 285 MINUTES CLOSED SESSION FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, FEBRUARY 23, 2022 3:30 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; Wyatt Pearson, Planning Director; Patrick Barker, EDA Director; Mark Cheran, Zoning & Subdivision Administrator; Patrick Barker, EDA Director; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. Roderick B. Williams, County Attorney, participated remotely. CALL TO ORDER Chairman DeHaven called the meeting to order at 3:33 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)( 5) for discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating its facilities in the community and pursuant to Virginia Code Sec. 2.2-3711(A)(7) and (8) for consultation with legal counsel and briefing by staff members pertaining to specifically threatened 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 the public body regarding a specific legal matter requiring the provision of legal advice by such counsel, the litigation and matter concerning an assertion by a property owner, under Virginia Code Section 15.2-2208.1, with respect to construction requirements for infrastructure improvements in and/or directly adjacent to a residential development proposed by the property owner. Supervisor Graber seconded the motion which carried on a voice vote. At 4:32 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 Minute Book 47 Board of Supervisors Closed Session of February 23, 2022 County of Frederick, Virginia 286 of Vice Chairman McCarthy,seconded by Supervisor Slaughter,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 4:33 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 23, 2022 County of Frederick, Virginia