HomeMy WebLinkAboutJanuary 11 2023 Closed Session Minutes153
MINUTES
CLOSED SESSION
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 11, 2023
5:00 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; Judith McCann -Slaughter; Robert W. Wells; 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; Karen Vacchio, Public Information Officer;
Mark Cheran, Zoning & Subdivision Administrator; Mark Fleet, Building Code Official; Scott Varner,
Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of
Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 5:00 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 the Board, regarding
specific legal matters requiring the provision of legal advice by such counsel, the litigation and
matters concerning:
1. various notices of violation issued against and enforcement proceedings against
Winchester Wireless, LLC, Williamson Enterprise, LLC, trading as Winchester Wireless, and/or any
affiliate entities, regarding the construction of one or more telecommunications towers, and
concerning the legal requirements for conditional use permits and/or other County approvals for
such telecommunications towers; and
Minute Book 48
Board of Supervisors Closed Session of January It, 2023
County of Frederick, Virginia
154
2. a decision of the Board of Zoning Appeals, rendered on December 20, 2022, re
West Oaks Farm Market, LLC.
Supervisor Wells seconded the motion which carried on a voice vote.
At 6:02 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 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 Wells 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
ADJOURN
There being no further business, at 6:03 p.m., the meeting was adjourned.
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
Minutes Prepared By:
Michael Bollhoefer
County Administrator
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 48
Board of Supervisors Closed Session of January It, 2023
County of Frederick, Virginia