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March 8 2017 Closed Session and Budget Work Session with Finance Com Minutes2��� A Closed Session Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 8, 2017, at 5:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice - Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. CLOSED SESSION Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Lofton, the Board of Supervisors convened in closed session pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as Amended, for consultation with legal counsel and briefing by staff members pertaining to a probable litigation matter, regarding two masonry mailboxes constructed within the right -of- -way at 161 and 30$ Saint Andrews Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding the matter, requiring the provision of legal advice by such counsel; and Pursuant to Section 2.2 -3711 A (7) of the Code of Virginia, 1950, as Amended, for consultation with legal counsel and briefing by staff members pertaining to a probable litigation matter, regarding a zoning violation at property located at 2543 Martinsburg Pike, the record owner and executor of her estate being deceased and the property being subject to sale pursuant to the terms of the record owner's last will and testament, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding the matter, requiring the provision of legal advice by such counsel; and Pursuant to Section 2.23711 A (7) of the Code of Vir ig nia, 1950, as Amended, for consultation with legal counsel and briefing by staff members pertaining to a litigation matter, Stonewall Industrial Investors, LLC v. Frederick County, Virginia, currently pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with Minute Book Number 42 Board of Supervisors Closed Session and Budget Work Session with Finance Committee of03l08 /t7 County of Frederick, Virginia ►� legal counsel employed or retained by a public body regarding the matter, requiring the provision of legal advice by such counsel. The above motion was approved by the following recorded. vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn. Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Ewing, the Board of Supervisors came out of closed. session and reconvened in open session. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Wells, the Board certified that to the best of each Board Member's knowledge only legal matters, pursuant to Section 2.2 -3711 A (7) of the Code of Vir inia, 1950, as Amended, specifically consultation with legal counsel and briefing by staff members pertaining to a probable litigation matter, regarding two masonry mailboxes constructed within the right -of- -way at 161 and 308 Saint Andrews Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding the matter, requiring the provision of legal advice by such counsel; and consultation with legal counsel and briefing by staff members pertaining to a probable litigation matter, regarding a zoning violation at property located at 2543 Martinsburg Pike, the record owner and executor of her estate being deceased and the property being subject to sale pursuant to the terms of the record owner's last will and testament, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding the matter, requiring the provision of legal advice by such counsel; and consultation with legal counsel and briefing by staff members pertaining to a litigation waiter, Stonewall Industrial Investors, LLG v. Frederick County, Virginia, currently Minute Book Number 42 Board of Supervisors Closed Session and Budget Work Session with Finance Committee of 03/08/17 County of Frederick, Virginia pending in the Frederick County Circuit Court, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, and for consultation with legal counsel employed or retained by a public body regarding the matter, requiring the provision of legal advice by such counsel, were discussed. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Gene E. Fisher Aye Blaine P. Dunn Aye Bill M. Ewing Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye Chairman DeHaven announced the Board would recess until its 6:00 P.M. budget work session. A Budget Work Session of the Frederick County Board of Supervisors and Finance Committee was held on Wednesday, March 8, 2017 at 5:00 P.M., in the First Floor Conference Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice - Chairman Gene E. Fisher; Blaine P. Dunn; Bill M. Ewing; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. OTHERS PRESENT County Administrator Brenda G. Garton, Deputy County Administrator for Human Services Jay E. Tibbs, Finance Committee Member Angela Rudolph, Commissioner of the Revenue Ellen Murphy, Treasurer C. William Orndoff, Jr., Finance Director Cheryl B. Shiffler, Budget Analyst Jennifer Place, Assistant Finance Director Sharon Kibler, County Attorney Rod Williams, IT Director Scott Varner, HR Director Becky Merriner, Superintendent of Schools Dr. David Bovine, Assistant Superintendent of Administration Dr. Al Orndorff, School Board Members Dr. John Lamanna. Peggy Clark, Frank Wright, Seth Thatcher, and Mike Lake, Budget Supervisor Frederick County Public Schools Kristen Anderson, and Executive Director of Finance for Frederick County Public Schools Patty Camery. CALL TO ORDER Chairman DeHaven called the work session to order. Administrator Garton reviewed her revised budget scenarios to include variations of Option 3B, with additional scenarios being offered by Supervisors Slaughter and Dunn. She Minute Book Number 42 Board of Supervisors Closed Session and Budget Work Session with Finance Committee of 03/f18/17 County of Frederick, Virginia �•s noted this was the final work session before the ad needed to go to the papex, so a decision was needed this evening. Supervisor Slaughter reviewed her proposed scenario which used option 3B as the baseline. For the schools, the proposal included a 2% merit and baseline salary adjustment and provided an additional $71S,4S7 for school operating priorities and an additional $88,287 for school capital. With regard to the General Fund, the proposal reduced the merit increase from 2.5% to 2 %and reduced the Operational Contingency to $370,717. Supervisor Ewing stated he was supportive of Supervisor Slaughter's scenario, which set aside $4.3 for a capital reserve and reduced the amount of Fund Balance used to balance the budget. Supervisor Fisher felt this proposal was where "we" should be and he would support it. Supervisor Dunn stated he liked what Supervisor Slaughter had done, but he had a different proposal. He then reviewed his proposal which reduced the number of Sheriff's vehicles from 20 to 16 and moved a number of the positions to mid -year hires. The proposal also reduced the Operational Contingency by $110,000. lri addition, his proposal reduced the salary increase to 2 %. Administrator Garton noted all of the options did reduce the amount of Fund Balance funding used to balance the budget. Chairman DeHaven then sought a consensus regarding which scenario to advertise. Supervisor Ewing recommended Supervisor Slaughter's proposal. Supervisor Slaughter stated she felt changes could be made to her proposal to enable a 2.5 %salary increase for County employees, if the schools decided to implement a 2.S %increase. She wanted to be sure that employees were treated equally. Supervisor Ewing agreed. Supervisor Fisher concurred with Supervisor Slaughter's and Supervisor Ewing's comments. Chairman DeHaven expressed his support for Supervisor Slaughter's 3B scenario. Supervisor Dunn thought Supervisor Slaughter made a good proposal and he could support it. The majority consensus was to advertise Supervisor Slaughter's scenario 3B for public hearing. Minute Book Number 42 Board of Supervisors Closed Session and Budget Work Session with Finance Committee of 03/08/17 County of Frederick, Virginia 28�. Administrator Garton reviewed Supervisor Slaughter's scenario to make sure she captured everything in her spreadsheet. There being no further business, the work session was adjourned at 6:30 R.M. Charles S. DeHaven, Jr. Chairman, Board of Supervisors renda G. Garton Clerk, Board of Supervisors Minutes Prepared By: t`_L �. �''%' Jay . T' bs Deputy Clerk, Board of Supervisors Minute Book Number 42 Board of Supervisors Closed Session and Budget Work Session with Finance Committee of 03/08/17 County of Frederick, Virginia