Regular Meeting – September 22, 2010
Regular Meeting, Wednesday, September 22, 2010, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Gerald W. Garber, Chairman
Jeremy L. Shifflett, Vice-Chairman
David R. Beyeler
Wendell L. Coleman
Larry C. Howdyshell
Tracy C. Pyles, Jr.
Nancy Taylor Sorrells
Patrick J. Morgan, County Attorney
Timmy Fitzgerald, Director of Community Development
Becky Earhart, Senior Planner
Jennifer M. Whetzel, Director of Finance
John C. McGehee, Assistant County Administrator
Patrick J. Coffield, County Administrator
Rita R. Austin, CMC, Executive Secretary
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, September 22, 2010, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 235th year of the Commonwealth….
Chairman Garber welcomed the citizens present and reminded them to remove their hats and turn off their cell phones.
Annie Shreckhise, a senior of the Fort Defiance High School, led the Pledge of Allegiance. Annie plays soccer and basketball and hopes to attend either Roanoke College or Virginia Tech University.
Tracy Pyles, Jr., Supervisor for the Pastures District, delivered invocation.
FISHERSVILLE RURITAN CLUB – 70TH ANNIVERSARY – RESOLUTION
Mr. Coleman welcomed the President of the Ruritan Club, John Baker.
Mr. Coleman moved, seconded by Mr. Shifflett, that the Board adopt the following resolution:
RESOLUTION
WHEREAS, on June 4th,1940, Fishersville Ruritan Club was chartered at a fee of 50¢ per member; and WHEREAS, the Fishersville Ruritan Club has been very active in supporting community improvement projects such as the Augusta County Clean-up program, the Fishersville Scouting organization, the Fishersville baseball and soft ball program, the Wilson Memorial After-Prom and After- Graduation Program, the Preston Yancey Fire Department and the Augusta County Library; and WHEREAS, Fishersville Ruritan Club sponsored the start-up of the Wilson Memorial High School Ruriteen Club; and WHEREAS, the Fishersville Ruritan Club has earned the Ruritan National Blue Ribbon Award numerous times; and WHEREAS, the Fishersville Ruritan Club, over its 70-year history, has truly improved the Fishersville community and the well-being of its citizens; and NOW THEREFORE, BE IT RESOLVED, meeting in regular session on September 22, 2010, the Augusta County Board of Supervisors wishes to commend the Fishersville Ruritan Club and its members for 70 years of outstanding service to their community; and
FISHERSVILLE RURITAN CLUB – 70TH ANNIVERSARY – RESOLUTION
BE IT FURTHER RESOLVED that the Augusta County Board of Supervisors hereby recognizes that the Fishersville community truly benefited greatly from the community services performed by the Fishersville Ruritan Club; and BE IT FURTHER RESOLVED, that a copy of this Resolution be spread upon the minutes of the Augusta County Board of Supervisors and a copy be presented to the Fishersville Ruritan Club at its anniversary meeting.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Chairman Garber commented that there are many of these clubs over the county with 70 years of service. “Most of it has been top-shelf. Many communities in this county are far better places because of Ruritan Clubs.”
WILLIAM “BILL” RUCH – RESOLUTION
Ms. Sorrells advised that Mr. Ruch is recently deceased. He was a World War II veteran and very involved with the local VFW Post and helping to found and coordinate the Riverheads Elementary School’s Annual Patriotism Day.
Ms. Sorrells moved, seconded by Mr. Beyeler, that the Board adopt the following resolution:
RESOLUTION
WHEREAS, William “Bill” Ruch, a local World War II veteran, was a Sergeant with the United States Army Air Corps. He was in the South Pacific with the B29 Bomb Squadron; and WHEREAS, William “Bill” Ruch was a member of the American Legion Clemmer-McGuffin Post 13 and served the post in many offices and capacities; and WHEREAS, William “Bill” Ruch took an active part in Riverheads Elementary School’s first annual Patriotism Day in 1999 held at the flagpole of the school and participated in every Patriotism Day from 1999 to 2009; and WHEREAS, William “Bill” Ruch encouraged the members of the American Legion Post 13 & Ladies Auxiliary to participate in the Patriotism Day parade from its inception in 2001 through 2009; and WHEREAS, William “Bill” Ruch, in 2009, served as the Grand Marshal of the Patriotism Day parade held on the track at the Riverheads High School football stadium; and WHEREAS, William “Bill” Ruch, died on April 27, 2010; and WHEREAS, the 11th annual Patriotism Day, held on October 8, 2010, will be held in honor of William “Bill” Ruch’s memory and is dedicated to him; and WHEREAS, William “Bill” Ruch’s service to his country, his community, and especially to Patriotism Day at Riverheads Elementary School, will always be remembered.
NOW, THEREFORE, BE IT RESOLVED that the Augusta County Board of Supervisors wishes to recognize the life accomplishments of William “Bill” Ruch and commend him on his support to others.
BE IT FURTHER RESOLVED that the Augusta County Board of Supervisors acknowledges William “Bill” Ruch during the regular meeting on September 22, 2010; and BE IT STILL FURTHER RESOLVED that a copy of this Resolution be presented to the family of William “Bill” Ruch and spread upon the minutes of the Augusta County Board of Supervisors September 22, 2010 meeting.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
COUNTY OF AUGUSTA BOARD OF SUPERVISORS, COMMERCE PARK LEASING,
L.C., MILL PLACE OFFICE PARK, L.C. – REZONING
This being the day and time advertised to consider a request to rezone from General Business with proffers and General Industrial to Planned Commerce with proffer approximately 342 acres owned by County of Augusta Board of Supervisors, Commerce Park Leasing, L.C., and Mill Place Office Park, L.C., located in the southwest quadrant of the Interstate 81/Laurel Hill Road (Route 612) Interchange (Beverley Manor District). The Planning Commission recommended approval with proffers.
Becky Earhart, Senior Planner, advised that the applicant has submitted the following proffers:
1. General Outdoor Storage will be allowed only in a portion of Area 4, as depicted on the Concept Plan, and only upon the issuance of a Special Use permit by the Board of Zoning Appeals.
2. The intersection of Mill Place Parkway and Laurel Hill Road (Route 612) has been designed to accommodate up to 4,000 vehicles per day. Once that capacity has been reached, additional transportation improvements may be needed. Therefore, once the intersection capacity has been reached and at the time of submission of a site plan for any new construction on any portion of the Mill Place Commerce Park, the developer shall submit to Augusta County and VDOT, for review and approval, a Traffic Impact Analysis, projecting the additional vehicle trips to be generated by the proposed development and taking into consideration any remaining undeveloped portions of the Park. Prior to issuance of occupancy permits for any additional development, the Applicant, its successors or assigns, shall construct road improvements, as required by the findings of the approved Traffic Study, commensurate with the extent of the proposed development for which occupancy permits are requested.
A Concept Plan was shown that will govern the development of the Mill Place Commerce Park. A new zoning district was approved recently that allows for the mixing of Business and Industrial uses in the same district. Area 1 (yellow) will allow professional and business office uses, research and development uses, light industrial uses, hospitality establishments, retail and service businesses, upper story residential uses, common open space and limited outside storage, which is limited to 10,000 square feet or less; Area 2 (brown between Mill Place Parkway and the Interstate) will be limited to professional and business office uses, research and development uses, light industrial uses, hospitality establishments, retail and service businesses, upper story residential uses, common open space; Area 3 (red) will allow professional and business office uses, research and development uses, light industrial uses, hospitality establishments, retail
COUNTY OF AUGUSTA BOARD OF SUPERVISORS, COMMERCE PARK LEASING,
and service businesses, warehouses, common open space and limited outdoor storage; Area 4 (purple) will be limited to professional and business office uses, research and development uses, retail and service businesses, warehouses, general industrial uses, common open space and limited outside storage. General outside storage will require a special use permit and will be limited to the area shown on the map, which is not immediately adjacent to Mill Place Parkway nor Interstate 81. This property has public water and public sewer and is in an Urban Service Area and slated for Business and Industrial development.
The Chairman declared the public hearing open.
There being no speakers, the Chairman declared the public hearing closed.
Mr. Coleman moved, seconded by Mr. Shifflett, that the Board adopt the following ordinance with proffers:
A request to rezone from General Business with proffers and General Industrial to Planned Commerce with proffers approximately 342 acres owned by County of Augusta Board of Supervisors, Commerce Park Leasing, L.C., and Mill Place Office Park, L.C., located in the southwest quadrant of the Interstate 81/Laurel Hill Road (Route 612) Interchange in the Beverley Manor District.
AN ORDINANCE to amend Chapter 25 “Zoning” of the Code of Augusta County, Virginia.
WHEREAS, application has been made to the Board of Supervisors to amend the Augusta County Zoning Maps, WHEREAS, the Augusta County Planning Commission, after a public hearing, has made their recommendation to the Board of Supervisors, WHEREAS, the Board of Supervisors has conducted a public hearing, WHEREAS, both the Commission and Board public hearings have been properly advertised and all public notice as required by the Zoning Ordinance and the Code of Virginia properly completed, WHEREAS, the Board of Supervisors has considered the application, the Planning Commission recommendation and the comments presented at the public hearing; NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors that the Augusta County Zoning Maps be amended as follows:
Parcel numbers 73, 73B, and 73C on tax map number 46 containing approximately 341.60 acres are changed from General Business with proffers and General Industrial to Planned Commerce with the following proffers:
1. General Outdoor Storage will be allowed only in a portion of Area 4, as depicted on the Concept Plan, and only upon the issuance of a Special Use permit by the Board of Zoning Appeals.
COUNTY OF AUGUSTA BOARD OF SUPERVISORS, COMMERCE PARK LEASING,
2. The intersection of Mill Place Parkway and Laurel Hill Road (Route 612) has been designed to accommodate up to 4,000 vehicles per day. Once that capacity has been reached, additional transportation improvements may be needed. Therefore, once the intersection capacity has been reached and at the time of submission of a site plan for any new construction on any portion of the Mill Place Commerce Park, the developer shall submit to Augusta County and VDOT, for review and approval, a Traffic Impact Analysis, projecting the additional vehicle trips to be generated by the proposed development and taking into consideration any remaining undeveloped portions of the Park. Prior to issuance of occupancy permits for any additional development, the Applicant, its successors or assigns, shall construct road improvements, as required by the findings of the approved Traffic Study, commensurate with the extent of the proposed development for which occupancy permits are requested.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC
The following people spoke on Fire and Rescue regarding Tracy Pyles’ proposal (closing Company 10 Station and staffing Preston Yancey Fire Company in Fishersville):
Kevin Wilkes, Assistant Fire Chief for the Swoope Volunteer Company; Bob Rogers, former Albermarle County firefighter; Mike Fisher, Fire Chief for Dooms Fire Department Assistant Fire Chief Wilkes felt that Mr. Pyles’ proposal “is a step toward providing what is best for the citizens of Augusta County”. He said that any addition of any paid firefighters would improve his station’s response to calls.
Mr. Rogers disagreed with the sale of Company 10 because of the HazMat unit being located in this station and near the interstates. If Company 10 closed, he suggested that the unit be moved to Riverheads Station.
Fire Chief Fisher opposed the proposal stating that it would cost the County considerably more than the $1.8 million for the new staff. He proposed making Preston Yancey a paid (rather than volunteer) station, and would like to see Staunton invest in Company 10 and help staff it. Fire Chief Fisher felt that communication with all the fire stations in Augusta County was needed. He also suggested that fire stations be asked if they want to take ambulances or career firefighters first. In Mr. Pyles’ proposal, it was to add a rescue at Dooms, Verona and Wilson. He said the proposal did not mention anything about Yancey, Swoope or Weyers Cave. He noted that these agencies do not have EMS except for first response.
Thomas Cline spoke on his Board of Equalization Freedom of Information Act claim and how it was handled. He expressed his concerns on how the sessions were conducted.
Chairman Garber felt it ironic that Mr. Cline had fault with the people (the Board of Equalization) who are appointed by the Judge of the Circuit Court and the Judge has found fault in they way they operate. He added that there were several people who went before the Board and had their assessments lowered.
WAIVERS – NONE
2011 LEGISLATIVE ISSUES
The Board considered 2011 General Assembly legislative package as revised from the Board’s Monday Staff Briefing.
John C. McGehee, Assistant County Administrator, advised that the legislative package was discussed at Monday’s Staff Briefing and revisions were suggested. That revised package was attached to the agenda tonight. If the Board desires to approve, it will be forwarded to the legislators and Virginia Association of Counties (VACo).
Mr. Shifflett moved, seconded by Ms. Sorrells, that the Board approve the legislative package, as revised.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
PAYDAY LENDING
The Board considered resolution requesting the General Assembly to enact stronger laws prohibiting and deterring all predatory, usurious lending practices.
Mr. McGehee mentioned that Bruce Elder, Councilman for the City Staunton, attended a Board of Supervisors meeting in August requesting that the Board adopt a resolution that was attached to the agenda tonight. This resolution was discussed at Monday’s Staff Briefing.
Mr. Beyeler moved, seconded by Mr. Shifflett, that the Board adopt the following resolution:
RESOLUTION
OF
THE COUNTY OF AUGUSTA, VIRGINIA
SEEKING ACTION BY THE
GENERAL ASSEMBLY AND GOVERNOR
TO PROHIBIT
ALL PREDATORY, USURIOUS LENDING PRACTICES
IN THE
COMMONWEALTH OF VIRGINIA
WHEREAS, the Augusta County Board of Supervisors of the County of Augusta, Virginia, represents the citizens of the County of Augusta , Virginia; WHEREAS, the Augusta County Board of Supervisors of the County of Augusta, Virginia, believes the citizens of the County of Augusta remain concerned over what are perceived to be predatory, usurious lending practices in the County of Augusta and elsewhere in the Commonwealth, including practices that can exploit dedicated, brave women and men called to serve in the United States armed services; WHEREAS, the Augusta County Board of Supervisors of the County of Augusta, Virginia, shares these continuing concerns and intends through this Resolution to express the collective sentiments and will of Augusta County citizens that the General Assembly and Governor of Virginia need to take action to prohibit all predatory, usurious lending practices; and WHEREAS, it is essential that the General Assembly and the Governor of Virginia address this matter as a high priority at the next legislative session, leading to enactment of laws strictly prohibiting and deterring all predatory, usurious lending practices in the Commonwealth of Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Augusta County Board of Supervisors of the County of Augusta, Virginia that, at the next legislative session, the General Assembly and the Governor of the Commonwealth of Virginia are hereby requested to enact laws strictly prohibiting and deterring all predatory, usurious lending practices, including but not limited to provisions that would:
1. Impose an interest rate cap of thirty-six percent (36%), calculated as an effective annual percentage rate including all fees or charges of any kind, for any consumer credit extended in the Commonwealth of Virginia; 2. Prohibit a creditor’s use of a personal check or other device as a means, directly or indirectly, to gain access to a consumer’s bank account; and 3. Incorporate into the Virginia Code the protections regarding consumer credit to military personnel as reflected in the Military Lending Act, 10 United States Code Section 987.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
INFRASTRUCTURE ACCOUNTS
The Board considered approval of additions/deletions to various Magisterial Infrastructure accounts.
Jennifer M. Whetzel, Director of Finance, reported that a list of Infrastructure projects balances for each magisterial district was included in the agenda package. She needs Board approval to make the necessary adjustments.
Mr. Beyeler moved, seconded by Mr. Howdyshell, that the Board approve the adjustments as submitted.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
RECREATION MATCHING GRANTS ACCOUNTS
The Board considered approval of additions/deletions to various Magisterial Recreation accounts.
Ms. Whetzel reported that a list of Parks and Recreation Matching Grants fund accounts by each district was included in the agenda package. There are several items that have small amounts left on the project. Those items will be removed from the list if the Board approves.
Mr. Coleman moved, seconded by Mr. Beyeler, that the Board approve the deletions to various magisterial Recreation accounts as recommended.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Mr. Coleman explained to the public the process of these meetings. He informed the public that a Staff Briefing was held on Monday discussing these items thoroughly. No action is taken at the Staff Briefing; however, the Board decides on Monday how to handle those issues at the regular Board meeting on Wednesday night.
SCHOOL CAPITAL PROJECTS
The Board considered endorsement of Phase VI of the School Capital Improvements Program and authorization for School Board to proceed with procuring architectural services for the renovation and expansion of Wilson Elementary School.
Patrick J. Coffield, County Administrator, advised that this had been discussed at Monday’s Staff Briefing with the specific request of procuring architectural services for the renovation and expansion of Wilson Elementary School.
Mr. Pyles understood that the School Board was asking the Board of Supervisors to give an indication about the borrowing level that the $7.2 million would be continued.
Mr. Howdyshell emphasized that the School Board stated they would not go above the $7.2 million level to renovate/expand Wilson Elementary School.
Mr. Coleman recollected that they were asking for the Board’s support to give them the authority to proceed starting with Wilson in terms of being able to move their projects forward as long as they did not exceed the current authorized debt ceiling level. He hoped that the School Board would, as a courtesy, keep the Board of Supervisors informed.
Ms. Sorrells read the following from correspondence, dated September 8, 2010, from the School Board:
The School Board’s request, at this point, is for the Board of Supervisors to maintain, at a minimum, the current authorized annual debt of $7,256,250, thus allowing the school division to address projects as funding becomes available in the CIP account.
Chairman Garber pointed out that, at this time, they are only talking about one project.
This all comes within the framework of not exceeding the current established debt limit.
Mr. Coleman moved, seconded by Ms. Sorrells, that the Board approve the request not to exceed $7.2 million.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Mr. Coffield noted that it was not their intent that the $7.2 be all the principal and interest being incurred. They acknowledged in their spreadsheet that the $7.2 would only cover a portion of the principal and interest and that their plan is to use their capital savings account to draw down on for a period of years. There will be a period of time that it will be supplemented from fund balances and savings to offset that differential.
2011 HEALTH EMPLOYEE INSURANCE
The Board considered staff recommendation to cover dependent care increase within existing budgeted expenditures.
Mr. McGehee advised that Mr. Coffield briefed the Board on Monday on the health insurance that will be effective January 1, 2011 at an increase of 8.5% on present rates, which was lower than the amount budgeted. The SAW Consortium has made a decision to continue their relationship with the present health insurance carrier, South Health Services, Inc. Multiple proposals were presented to the Board of Supervisors for consideration. Proposal A reflects that the County would pick up the 8.5% increase in employee cost and cost associated with dependent coverage. Proposal B reflects that the County would pick up the employee cost only and passing the increase on to employees for the cost associated with dependent coverage. Proposal C reflects that the County would pick up the employee cost and share the cost associated with dependent coverage 50/50. Mr. Coffield had recommended Proposal A. Mr. McGehee added that this was within the budgeted amount. Chairman Garber commended Mr. McGehee on his hard work.
Mr. Howdyshell moved, seconded by Ms. Sorrells, that the Board approve Proposal A.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
ORDINANCE PRIORITY LIST
The Board considered Ordinance Committee’s recommendation regarding Zoning and Subdivision Ordinance Amendments Priority List.
Ms. Earhart advised that a prioritized list of Ordinance Amendments had been distributed to the Board on Monday. This was a recommendation from the Ordinance Committee. On that list was an item awaiting prioritization; items to be removed from the list; and other issues not assigned to Community Development staff. There were no changes to the list provided.
Mr. Coleman appreciated that there were items that Community Development does not deal with, but asked what the plans were for those particular items. Mr. Beyeler advised that the Committee will address those items but the County Attorney will need to provide legal assistance when his time permits. It was the concurrence of the Board to discuss these items at a later date.
VOLUNTEER FIRE AND RESCUE AGREEMENTS
The Board considered release of first quarter Revenue Recovery reimbursement to Volunteer agencies pending approval of draft agreements.
Mr. McGehee advised that the Emergency Services Committee provided the proposed agreements that will be given to the Volunteer agencies. Most of this agreement reflects some of the issues with Revenue Recovery. This agreement was discussed at Monday’s Staff Briefing. Because of the process with this draft agreement, the Emergency Services Committee feels that the first quarter of Revenue Recovery funds should be released to the appropriate agencies that have earned it. Tonight’s action specifically is to approve the release of the first quarter from April 1st through June 30th.
With that payment, an estimate will be given of the next quarter (next two months) which ends September 30th. An estimate of the next quarter will help the agencies to be able to plan from a budget standpoint.
Mr. Pyles moved, seconded by Ms. Sorrells, that the Board approve the release of first quarter Revenue Recovery reimbursement to the appropriate Volunteer agencies and provide funds as they come due thereafter (30 days after each quarter to allow processing time).
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
* * * The Board discussed several revisions to the Fire and Rescue draft agreement and concurred that this item should be further discussed at their next meeting.
Mr. Beyeler moved, seconded by Mr. Coleman, that the Board defer this item to October 13, 2010.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
WAIVERS – NONE
CONSENT AGENDA
Mr. Beyeler moved, seconded by Mr. Coleman, that the Board approve the consent agenda as follows:
MINUTES
Approved the following minutes:
• Regular Meeting, Wednesday, August 25, 2010 • Special Meeting, Monday, August 31, • Regular Meeting, Wednesday, September 8, 2010
SHENANDOAH VALLEY REGIONAL AIRPORT – RESOLUTION
Adopted the following resolution related to borrowing of funds to construct improvements at the airport:
RESOLUTION
FOR THE BENEFIT OF SHENANDOAH VALLEY REGIONAL AIRPORT COMMISSION
WHEREAS, the Shenandoah Valley Regional Airport Commission (the “Commission”) was duly established pursuant to the Code of Virginia, 1950, as amended, and by resolution and agreement of the several political subdivisions of the Commonwealth of Virginia comprising the Commission, namely the Counties of Augusta and Rockingham and the Cities of Harrisonburg, Staunton and Waynesboro (collectively, the “Member Localities”), to have and exercise, on behalf of such Member Localities, the power and authority to operate the Shenandoah Valley Regional Airport (“SVRA”) located in Augusta County, Virginia (the “County”).
WHEREAS, the Commission has determined that it is necessary and desirable to issue and sell its aggregate up to $400,000 taxable airport revenue bond, in one or more series, including an interim financing therefore, if deemed necessary or convenient by the Commission (collectively, the “Local Obligation”), in order to finance any one or more of the following capital costs to: (i) acquire, construct and equip site improvements in connection with taxi lane pavement rehabilitation near aircraft hanger facilities at SVRA, (ii) acquire, construct and equip all or any portion of the main terminal facilities of SVRA, (iii) pay engineering, design planning, and other preliminary costs with respect to fuel farm facilities at SVRA, and (iv) pay issuance costs (collectively, the “Project”).
WHEREAS, it is reasonably anticipated that the Commission shall obtain interim financing from a local commercial bank, with the long-term permanent financing for the costs of the Project to be provided by (i) the United States of America, acting through Rural Housing Service, an Agency of United States Department of Agriculture (USDA- Rural Development), or (ii) Virginia Resources Authority (VRA) under the Virginia Airport Revolving Fund or any other applicable financing program administered or otherwise offered from time to time by VRA, or (iii) any other financial institution or financing program as the Commission may deem advisable.
WHEREAS, the Commission desires to obtain the approval of each of the governing bodies of its Member Localities with respect to the incurrence of indebtedness to pay the costs of the Project, subject to the Commission’s final determination of the form and details thereof (all such undertakings by the Commission to finance the Project, including any interim financing, being collectively referenced herein as the “Loan”).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Augusta County, Virginia (the “Board”), as follows:
1. The incurrence of the Loan by the Commission, from time to time, is hereby approved and authorized, to the fullest extent as may be required, if at all.
2. It is to be understood that nothing contained in this Resolution is or shall be deemed to be a debt of the County or a pledge of the faith and credit or the taxing power of the County, and nothing herein or therein shall legally bind or obligate the Board or any future Board of the County to appropriate funds for such purposes. The indebtedness of the Commission represented by the Local Obligation (or otherwise in connection with the Project and the Loan) shall not be deemed to constitute a debt or pledge of the faith and credit of the taxing power of the County, and neither the faith and credit nor the taxing power of the County shall be pledged for the payment of the principal of, premium, if any or interest on the Local Obligation or any other obligation of the Commission in connection with the Project or the Loan, or any other costs incident thereto.
3. The Chairman and Vice Chairman of the Board, and the County Administrator, any one or more of whom may act, and such officers, employees, and agents of the County as any of them may designate, are each authorized and directed to take all such further actions and to execute and deliver any and all instruments, certificates and other documents (if any), in order to carry out the purposes hereof and in furtherance, otherwise, of the financing (including the interim financing) of the Project by the Commission, as described herein.
4. This Resolution shall be effective immediately.
Vote was as follows: Yeas: Garber, Shifflett, Pyles, Coleman, Beyeler, Howdyshell, and Sorrells Nays: None Motion carried.
(END OF CONSENT AGENDA)
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following issues:
Mr. Pyles:
1. Fire season – residents concerned because of it being dry – “Be smart and sensible”.
2. During discussion on Monday – “Ms. Sorrells and Mr. Beyeler said that Raphine was still included in our fire service area. Chief Holloway confirmed that. But that troubles me. When Ms. Sorrells was making the reasons for having Riverheads, she noted we have Fairfield Rescue, South River Fire Department, Walkers Creek and Raphine outside the County, so we can’t even effect whether we add personnel down there, whether we give them money for equipment; they have different protocol time so we have a big need. It was my belief that when we did that, we would at least take care of the south end of Augusta County. That’s why, I thought it would be okay. In the original Master Plan 2000, that station would be in Greenville. If it were in Greenville, then it would cover those areas and we would save the allotment that goes to that fire department. So we’ve got it, probably, in the worst place it could be as far as adding to our system. It doesn’t help south of Staunton to help what Mr. Shifflett was concerned about. No one said anything about taking the career people out of Middlebrook although we’re cutting nearly in half their service area. We still have Raphine having to cover for us and Ms. Sorrells, I think, at press, will remember, was quite concerned that we still have a big hole down there—that we didn’t fix that hole. But when she was asking for the money, she said the hole would be fixed, and, now, the hole isn’t fixed. We do need to do a lot more work and understand what we’re doing before we allocate money. I don’t know what this Board will do as far as the proposal, or committee, or what-not; but the things that I would like is, you know, you throw things out and you see what they stick. Some months ago we talked about having a cost-share with Staunton on Company 10. It was talked about on this Board. Mr. Shifflett brought it up; it got written up in the News Leader in the Editorial page as a good idea and that’s where it sat as far as I know. I would appreciate it if Mr. Garber, Mr. Coffield, and Chief Holloway could meet with their counterparts in the City and see if they are interested in a cost-share with that station. If they are not willing to do it, it means it is not a big deal to them. If they are, then we’ve got some extra funds that we can put to our service needs. As far as the HazMat and that sort of thing, they could keep that there, but we have an agreement with the City in Waynesboro on Staunton where there was a buy-in on the property and then there was a share of the operational costs. That’s what I would like to see, them buying in on a portion of the billing and equipment and then would they work to have a cost-share on the rest. I intend to continue to meet with the companies. Some of the folks have been very receptive, but–I have met with Mr. Fisher. I didn’t finish that proposal until Monday morning— maybe, 9:00 o’clock—I sent a second copy to Rita—and when I did that, it was a final proof-reading, and I gave it to her. I went in and met with Mr. Fisher as soon as I finished that. I took it in to him as the Chief of the Chiefs’ Association. I may not have explained it well, but the intention was there—I hoped I showed him—that we would have fire and rescue at both Preston Yancey and at Riverheads. And I asked if I could be with him and his group at that time; he said they were meeting tomorrow, Tuesday, and I asked if I could meet, and he said they were running these things by, and I said fine. So then I met with him this morning and he told me the same thing about they’re not being a fire and rescue, and I told him, then, it was. What I’m getting at, I think it important to be able to get out there and meet with the folks and trying to explain it. I said it then; I say it now—it’s not the perfect thing, it’s some meat on the bones; it’s a skeleton that, maybe, could work with. However this Board goes, I don’t know, but I would really ask—we would know better what we’re able to do if we get Staunton’s response.
Mr. Howdyshell: “Government moves as slow as molasses.” Started Revenue Recovery in 2008; met with all agencies. “Still don’t have agreements to modify to make us legal.” Mr. Shifflett: Agreed with Mr. Pyles except for the hole that Company 10 would create for commercial and residential properties if no longer existed. He felt that Company 10 should be regionalized. He agreed with Chairman Garber that this needed to be further discussed.
Mr. Shifflett moved, seconded by Mr. Pyles, that Chairman Garber, Mr. Coffield, and Fire Chief Holloway meet with their Staunton counterparts to discuss long- term staffing for the 250 corridor in the vicinity of WalMart.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Ms. Sorrells: Shenandoah Valley Project Impact (CSPDC) – information distributed to Board.
Mr. Beyeler: Boards and Commissions Picnic – Thank you to staff for event.
Chairman Garber: Call received from Government Center and unable to redial number. Asked Mr. McGhee to check into it and determine the problem.
MATTERS TO BE PRESENTED BY STAFF
Staff discussed the following issues:
1. Shenandoah National Park 75th Anniversary – launch event will be November 5th, at McCormick Gap.
CLOSED SESSION
On motion of Mr. Shifflett, seconded by Mr. Howdyshell, the Board went into closed session pursuant to:
(1) the personnel exemption under Virginia Code § 2.2-3711(A)(1) [discussion, consideration or interviews of (a) prospective candidates for employment, or (b) assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific employees]:
A) Boards and Commissions (2) the legal counsel exemption under Virginia Code § 2.2-3711(A)(7) [consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, as permitted under subsection (A) (7)]:
A) Reassessment On motion of Mr. Howdyshell, seconded by Ms. Sorrells, the Board came out of closed Session.
Vote was as follows: Yeas: Sorrells, Garber, Beyeler, Howdyshell Shifflett, Pyles and Coleman Nays: None Motion carried.
The Chairman advised that each member is required to certify that to the best of their knowledge during the closed session only the following was discussed:
1. Public business matters lawfully exempted from statutory open meeting requirements, and 2. Only such public business matters identified in the motion to convene the executive session.
The Chairman asked if there is any Board member who cannot so certify.
Hearing none, the Chairman called upon the County Administrator/ Clerk of the Board to call the roll noting members of the Board who approve the certification shall answer AYE and those who cannot shall answer NAY.
Roll Call Vote was as follows:
AYE: Coleman, Garber, Sorrells, Shifflett, Howdyshell, Pyles and Beyeler NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
BUILDING BOARD OF APPEALS – REAPPOINTMENT
Mr. Shifflett moved, seconded by Mr. Howdyshell, that the Board reappoint Eric M. Shipplett to serve another five-year term on the Building Board of Appeals, effective November 1, 2010, to expire October 31, 2015.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
SPCA NEGOTIATING COMMITTEE APPOINTMENT
Mr. Beyeler moved, seconded by Ms. Sorrells, that the Board appoint Jeremy L.
Shifflett and Jennifer M. Whetzel to serve on the SPCA Negotiating Committee.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
ADJOURNMENT
There being no other business to come before the Board, Mr. Howdyshell moved, seconded by Ms. Sorrells, the Board adjourned subject to call of the Chairman.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Chairman County Administrator H:9-22min.10
