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
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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