Organizational Meeting – January 7, 2015
Organizational Meeting, Wednesday, January 7, 2015, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Michael L. Shull, Chairman
David A. Karaffa, Vice-Chairman
Carolyn S. Bragg
Jeffrey A. Moore
Marshall W. Pattie
Tracy C. Pyles, Jr.
Larry J. Wills
Timmy Fitzgerald, Director of Community Development
Jennifer M. Whetzel, Director of Finance
Patrick J. Morgan, County Attorney
Patrick J. Coffield, County Administrator
Rita R. Austin, CMC, Executive Secretary
VIRGINIA: At an organizational meeting of the Augusta County Board of Supervisors held on Thursday, January 7, 2014, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 239th year of the Commonwealth….
n called Wills welcomed those present for the meeting and reviewed meeting protocols.
ELECTION OF CHAIRMAN – 2015
Chairman Wills called for nominations for Chairman for 2015.
Mr. Karaffa nominated Michael L. Shull, seconded by Mr. Moore, Chairman for 2015.
The Chairman called for a vote for Michael L. Shull, Chairman for 2015.
Vote was as follows: Yeas: Pattie, Wills, Moore, Bragg, Karaffa and Pyles Nays: None Abstained: Shull Motion carried.
Chairman Shull thanked the Board for his election and stated that he would do his best to uphold that position. “I hope that this year will go as smooth as the last three have. We have done a lot in three years and I think this County can still move forward. It has been moving smoothly. It has worked great under Chairman Wills.” He presented the engraved gavel Mr. Wills used for his year as Chairman and thanked him for his service. “On behalf of the Board and the citizens of Augusta County, we would like to thank you for your service and dedication this past year . . . it was time well spent.”
VICE-CHAIRMAN FOR 2015
Ms. Bragg nominated David A. Karaffa, seconded by Mr. Moore, for Vice-Chairman for 2015.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Bragg, and Pyles Nays: Pyles Abstained: Karaffa Motion carried.
BOARD MEETING SCHEDULE FOR 2015
Patrick J. Coffield, County Administrator, distributed a memorandum from Finance to the Board and noted the Budget Briefing dates on the schedule were March 23rd and 24th.
The memorandum presented other options. He added that the schedule reflected that the meetings were to occur on the second and fourth Wednesday and that the following meetings were to occur on other days because of State Holidays: May 26th (Tuesday) (Memorial Day) and November 12th (Thursday) (Veterans Day). She also noted that, because of Thanksgiving, the Regular Meeting will occur on Tuesday, November 24th.
Mr. Coffield mentioned that the Dominion Pipeline meeting was listed under “Special Meetings” (February 4th) and stated that according to custom, if inclement weather occurs, the meeting would be held the next business day. In this case, February 5th already has a scheduled meeting in the boardroom; therefore, he suggested that the snow day would be February 11th at the regularly scheduled meeting.
Mr. Wills suggested, because the General Assembly was generally late in its budgeting, that the County’s budget worksessions occur March 30th and April 1st. Mr. Wills moved, seconded by Mr. Moore, that the Board adopt the schedule as revised and resolution:
SCHEDULED MEETINGS OF THE
AUGUSTA COUNTY BOARD OF SUPERVISORS
FOR THE YEAR 2015
LOCATION: GOVERNMENT CENTER, VERONA, VA
DATES – 2015 Regular Meetings Staff Briefings Wednesday Monday 7:00 p.m. 7:00 p.m. 1:30 p.m.
JANUARY 7th 7:00 p.m.
(ORGANIZATIONAL MEETING)
JANUARY 14th 28th 26th FEBRUARY 11th 25th 23rd MARCH 11th 25th 23rd APRIL 8th 22nd 20th MAY 13th 27th 26th (Tues.) JUNE 10th 24th 22nd JULY 8th 22nd 20th AUGUST 12th 26th 24th SEPTEMBER 9th 23rd 21st OCTOBER 14th 28th 26th NOVEMBER 12th (Thurs.) 24th (Tues.) 23rd DECEMBER 9th Special Meetings:
Dominion Pipeline February 4, 2015 Budget Hearing April 15, 2015 Budget Adoption April 29, 2015 (or May 6th) Organizational Meeting January 6, 2016 7:00 p.m.
March 30th & April 1st –Budget Briefing May 18th & 19th – Mock General Assembly May 25th – Memorial Day November 8th through 10th – Annual VACo Conference November 11th – Veterans Day July 8th (previously cancelled – 7/9/08; 7/8/09; 7/14/10; 7/9/14) * * *
RESOLUTION OF THE BOARD OF SUPERVISORS
OF AUGUSTA COUNTY, VIRGINIA
WHEREAS, § 15.2-1416 of the Code of Virginia (1950), as amended, requires that the Board of Supervisors of Augusta County, Virginia, at its organizational meeting, prescribe by resolution the days on which it will hold future meetings during the ensuing months.
WHEREAS, the Board of Supervisors now desires to establish its schedule for regular meetings during calendar year 2015.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF AUGUSTA COUNTY,
VIRGINIA:
1. The Board of Supervisors shall hold regular meetings during calendar year 2015, in the Board Meeting Room at the Augusta County Government Center, on the dates and at the times set forth on the schedule attached to this Resolution.
2. In the event the Chairman of the Board of Supervisors, or the Vice Chairman of the Board of Supervisors, if the Chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members of the Board of Supervisors to attend a regular meeting, such regular meeting shall be continued to the next business day. Such finding and declaration shall be communicated to the members of the Board of Supervisors and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Bragg, Karaffa and Pyles Nays: None Motion carried.
TIE BREAKER
The Board considered, in accordance with Section 15.2-1421, appointment of a tie breaker, which is at the discretion of the governing body.
Patrick J. Morgan, County Attorney, advised that the State Code allows the Board to appoint a tie breaker. If no tie breaker is appointed, motions would fail in the event of a tie vote.
Mr. Pyles moved, seconded by Mr. Karaffa, that the Board not appoint a tie breaker for 2015.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Bragg, Karaffa and Pyles Nays: None Motion carried.
RULES OF PROCEDURE
The Board considered adoption of Rules of Procedure.
Mr. Morgan noted that these rules have been used for many years by the Board and asked if the Board had any revisions. He reminded the Board, that because they adopt their own procedures, Roberts Rules is not really followed.
Mr. Karaffa moved, seconded by Ms. Bragg, that the Board adopt the Rules of Procedure, as presented.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Bragg, Karaffa and Pyles Nays: None Motion carried.
CLERK OF COURT – PETITION FOR SPECIAL ELECTION
Mr. Morgan advised that the resolution presented to the Board suggests since Mr. Davis retired in December, there is a small window of opportunity to hold a special election to fill the vacancy. Since the Chief Clerk automatically becomes the Clerk of the Court, the Board would be requesting the Circuit Court not hold a special election and allow the new clerk to serve until the end of the term – December 31, 2015. If the Board adopts the resolution, he will present a petition to the Court later this week.
Mr. Pyles moved, seconded by Mr. Moore, that the Board adopt the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS TO PETITION THE CIRCUIT COURT
REGARDING A SPECIAL ELECTION PURSUANT TO VIRGINIA CODE SECTION 24.2-228.1
WHEREAS, John B. Davis, Clerk of the Circuit Court for Augusta County, Virginia retired from Office, effective December 31, 2014; and WHEREAS, Virginia Code §24.2-228.1 states that “[t]he governing body of the county or city in which the vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy…. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election…”; and WHEREAS, the windows for a special election in which it could not be legally held or which it would be logistically difficult or impossible to hold a special election are the Tuesdays (i) beginning January 1, 2015 and ending April 14, 2015 and (ii) beginning July 15, 2015 and ending September 8, 2015; and WHEREAS, there is a possibility of inclement winter weather during the winter months; and WHEREAS, even an early date from the above windows would result in two elections for the same position within 11 months of each other at an expense to Augusta taxpayers that is estimated by the General Registrar of Augusta County to be $31,417.50; and WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the County of Augusta for entry of an Order determining that no special election shall be held and that the Clerk of the Circuit Court who succeeded John B. Davis pursuant to Virginia Code 24.2-228.1(B) serve for the remainder of the current term ending December 31, 2015; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors does hereby direct the County Attorney to petition the Circuit Court of the County of Augusta for entry of an Order determining that no special election shall be held and that the Clerk of the Circuit Court who succeeded John B. Davis pursuant to Virginia Code §24.2-228.1(B) serve for the remainder of the current term ending December 31, 2015.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Bragg, Karaffa and Pyles Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC – NONE
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following:
Mr. Wills: Thank you to Board and staff for having a good year. Appreciated staff and how everyone worked together.
Mr. Moore: Thank you to Mr. Wills for his leadership this past year and looked forward to another good year.
Ms. Bragg: Thank you to Mr. Wills. “He taught me a lot and I look forward to learning a lot more this year.” Mr. Karaffa: Thank you to Mr. Wills and looks forward to the year.
Chm. Shull:
1. “We’ve had a good year. We’ve had a good Christmas. We have done a lot this year. One thing I’m pleased with is we’ve talked with School Board and hope we will continue working together as a team.
2. Information had been distributed to Board members as to 2015 priorities/issues for review. Asked that this be discussed at the next Staff Briefing (January 26th).
MATTERS TO BE PRESENTED BY STAFF
1. Agenda packages have been distributed to the Board.
2. General Assembly – In session.
3. Hazmat Equipment and Training Grant Agreement – $54,393 awarded 4. ACSA – with the Board’s decision of consolidating the Board and the Service Authority Board, the County Attorney has expressed the importance of putting the terms in sync. It is his understanding that, while the new Board will take seat January 1st, they want to allow six months for transition from previous board to a new board for the Service Authority’s purpose. This requires advertisement. If consistent with the Board’s direction, a public hearing will be held at the next meeting (January 28th).
5. Tax Code – housekeeping items – Public Hearing to be held in February. Mr. Morgan added that this brings the County Code into compliance with the State Code.
6. FEMA Assistance to Firefighters Grant Program – Proposing to apply for 20 positions. Application submittals schedule begins February 9th to March 6th.
7. Wood Waste Compliance Issue – Residents and contractors have brought yard waste and construction wood waste to the Augusta Regional Landfill for a long time. Landscaping and Building contractors are charged $15 per ton for wood waste. DEQ has expressed concern for certain types of wood waste and have informed the Landfill that they cannot continue to grind and recycle engineered wood products without significantly modifying their daily operation. The simplest and most cost-effective strategy to address DEQ’s compliance concern is to limit the wood waste accumulation and grinding to yard waste only. The Landfill could continue to accumulate and grind tree branches, grass clippings and leaves.
Mr. Wills asked if it could be placed at a separate location over a leachate system and, when grinded, be taken immediately to the Landfill.
CLOSED SESSION
On motion of Mr. Karaffa, seconded by Ms. Bragg, 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) Appointments B) Assignment 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) Assessments B) Greenville Sewer (3) the real property exemption under Virginia Code § 2.2-3711(A)(3) [discussion of the acquisition for a public purpose, or disposition, of real property]:
A) MRRJ
On motion of Mr. Wills, seconded by Mr. Karaffa, the Board came out of Closed Session and adjourned subject to the call of the Chairman.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles 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: Pattie, Karaffa, Wills, Shull, Moore, Bragg and Pyles NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
ADJOURNMENT
There being no other business to come before the Board, Mr. Wills moved, seconded by Mr. Karaffa, the Board adjourned subject to call of the Chairman.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Bragg, Karaffa and Pyles Nays: None Motion carried.
Chairman County Administrator h:1-7min.15
