Regular Meeting – October 12, 2016
Regular Meeting, Wednesday, October 12, 2016, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Carolyn S. Bragg, Chairman
Tracy C. Pyles, Jr., Vice-Chairman
Gerald W. Garber
Marshall W. Pattie
Terry Lee Kelley, Jr.
Wendell L. Coleman
Michael L. Shull
John Wilkinson, Director of Community Development
Timmy Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
James Benkahla, Interim County Attorney
Angie Michael, Executive Secretary
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, October 12, 2016, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 241th year of the Commonwealth….
Chairman Bragg welcomed the citizens present.
The following Senior Class Officers from Stuarts Draft High School led us with the Pledge of Allegiance:
Peyton Ayers, President, plans to attend college out-of-state to receive a bachelors and then go on to attain a master’s or doctorate.
Mariah Hoy, Vice President, plans to attend a four year University, hopefully BYU in Provo, Utah, and then further her education in whatever field she chooses to study.
Gabby Patarinski, Treasurer, plans to go to an out-of-state college, graduate, and then later in life, pursue a masters and eventually a doctorate. Ms. Patarinski is heavily involved in her school’s theatre program.
Tracy Pyles, Supervisor for the Pastures District, delivered invocation.
RED RIBBON WEEK PROCLAMATION
Carolyn Bragg, Chairman, stated that she had received an email from Cop. Cody Jackson who lives in Palmyra. Mr. Jackson is a member of an organization called the Young Marines. The Young Marines is an organization that works to spread the word about the importance of fighting against the use and trafficking of illegal drugs. This is a National organization and supported by the Marine Corp. which helps to promote a healthy and drug free life style in our youth.
Mr. Pyles moved, seconded by Mr. Coleman that the Board adopt the following proclamation:
Red Ribbon Week WHEREAS, communities across America have been plagued by numerous problems associated with illicit drug use and those who traffic in them; and
RED RIBBON WEEK PROCLAMATION (CON’T’D)
WHEREAS, there is hope in winning the war on drugs, and that hope lies in education and drug-demand reduction, coupled with the hard work and determination of organizations such as the Young Marines of the Marine Corps League to foster a healthy, drug-free lifestyle; and WHEREAS, governments and community leaders know that citizen support is one of the most effective tools in the effort to reduce the use of illicit drugs in our communities; and WHEREAS, the red ribbon has been chosen as a symbol commemorating the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent who was murdered in the line of duty, and represents the belief that one person can make a difference; and WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and involvement in drug prevention and reduction efforts; and WHEREAS, The National Red Ribbon Campaign will be celebrated in communities across America during Red Ribbon Week; NOW, THEREFORE, BE IT PROCLAIMED, on this 12th day of October 2016 that the Augusta County Board of Supervisors declares October 23 – 31, 2016 as “Red Ribbon Week” and calls upon all residents to participate in this initiative by wearing a red ribbon to show their support for a drug-free community.
Vote was as follows: Yeas: Shull, Garber, Coleman, Kelley, Bragg and Pattie, Pyles Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC
Timothy Buford, 59 Middle View Lane, Stuarts Draft ask the question, how many ride motorcycles? The hazards of grass being blown into the roads is a continuing issue and is getting worse. Mr. Buford has asked certain people, when he sees it happening, to please stop because it is a hazard especially to motorcyclist. He often gets shrugged off.
Virginia Beach passed a law that you can’t blow grass into the streets and he would like to see Augusta County do the same.
Mr. Pyles used to own motorcycles and has ridden several times, but has never thought about the dangers of blowing grass into the roadways.
Mr. Buford has spoken with the Sheriff’s office and was informed there was not a law concerning this issue. He decided to take matters into his own hands and has several people that ride motorcycles that are willing to sign a petition.
Mr. Pyles stated that it may be good to get more notice about the situation. We will give it some consideration.
Chairman Bragg pointed out that she had it brought to her attention during the summer.
Mr. Shull stated that he received a letter from an individual on this same matter. One thing to consider is VDOT mowing and will they keep the grass off the roads.
Mr. Buford has noticed that VDOT typically tries to keep the grass off the roadways.
2017 HOLIDAY SCHEDULE
The Board considered the 2017 Holiday Schedule.
Timothy Fitzgerald, County Administrator, stated that the Holiday schedule is provided for consideration in October each year. It is recommended to continue with the 10 holidays and it is in line with surrounding localities.
Mr. Coleman moved, seconded by Mr. Shull, that the Board approve the 2017 Holiday Schedule.
Vote was as follows: Yeas: Shull, Coleman, Kelley, Bragg, Garber and Pyles, Pattie Nays: None Motion carried.
FIRE AND RESCUE STANDARD OPERATING GUILDELINES
The Board considered the Augusta County Emergency Services Officers’ Association (ACESOA) recommendations for the Standard Operating Guidelines.
Carson Holloway, Fire Chief of Augusta County, stated that 11 standard operating guidelines were looked at. Six deal with dispatch and EOC and five deal with general operations. Most are updates or modifications as time has passed. The Augusta County Emergency Services Officers’ Association reviewed the updates and modifications and are in agreement with the changes. Two of the general orders used on the career side will have to be modified.
Mr. Kelley moved, seconded by Mr. Pyles, that the Board approve ACESOA recommendations for the Standard Operating Guidelines.
Vote was as follows: Yeas: Shull, Coleman, Kelley, Bragg, Garber, Pyles, and Pattie Nays: None Motion carried.
FIRE AND RESCUE REVOLVING LOAN POLICY
The Board considered the ACESOA recommendation for the updated Revolving Loan Policy.
Carson Holloway, Fire Chief of Augusta County, stated that there was a request approximately 18 months ago in regards to the revolving loan policy. There are 8 departments that served on the committee. The main Points that will be changing include, $500,000 per year per agency, 60% repay with 40% not to be repaid and will be considered a grant with a match of 15% on the loan amount, there will be minimum specifications for the apparatus. They are not trying to dictate what an agency builds, but have minimum specifications for pump size, tank size, etc. The goal is to get everyone equipped with the same pumps and it is meeting NFPA standards and also trying to meet the needs of ISO and the standards set by ISO. An apparatus cannot be more FIRE AND than five years old. It will have a 15 year payback. Companies will be notified each year how much funding is available. This is contingent on the amount of money continuing to come from Aide to Localities.
Mr. Pyles moved, seconded by Mr. Kelley, that the Board approve the ACESOA recommendation for the updated Revolving Loan Policy.
Vote was as follows: Yeas: Shull, Coleman, Kelley, Bragg, Garber, Pyles, and Pattie Nays: None Motion carried.
AUGUSTA COUNTY COURTHOUSE
The Board discussed the space needs analysis of the Courthouse.
Timothy Fitzgerald, County Administrator, stated that upon conducting the various meetings at clubs and holding the Town Hall meetings on the Courthouse, one item that has continued to be a question, was the projection numbers on both case load and population.
It was pointed out that the population numbers used in the original Moseley study for future growth was not trending in that matter and there was concern about the population number being too high for the future. In response to the concerns, Moseley conducted another analysis to show the updated numbers. The Supreme Court data for 2015 is now available that shows actual case numbers for that year. Also, the population projections have been updated. The Weldon Cooper Center will not officially issue the population numbers until December, but we have worked with them to come up with what they consider is a fair growth rate based on the growth rate they have seen. The functions that were included in the space needs assessment were the Circuit Court, General District County, Clerks, Juvenile Domestic Relations Clerks, Court Service Units, Commonwealth Attorney, Victim Witness Service, Sheriff’s Office, Court Security and the Magistrate. These are functions that are currently used in the existing courthouse building today. Staffing and the space needs relate strongly to caseloads but much of the needed space is due to deficiency from the current space as well as growth anticipated by the Courts and the County in the future.
It’s also important to look at how the population impacts the caseloads. Population and caseload projections impact the space needs, but it’s not on a one to one basis going forward. There are other issues that affect the space needs other than population and caseloads. Mr. Fitzgerald showed a slide on the screen of the population numbers. There is an anticipation of approximately.29 percent growth in the County. A reminder of how Moseley went about looking at the projections, there were three different models. The first model was a linear projection which was based on the historical trend of case filings. The fixed ratio to case filings to projected population was based on the assumption that the case filings raised at a fixed ratio to the population and in our report they looked at cases per 1000 population. A changing ratio of case files to projected population which is a combination of the two methods where a trend was projected in the filings to population using the linear method and projected future ratio was applied to the population projections in order to get a forecast for each year. Mr. Fitzgerald showed a PowerPoint on the Circuit Court Case Filing Trends with 2015 added and pointed out the changes in the study. The PowerPoint also showed the population growth changes. In conclusion, our current plan has the County building six court rooms and the updated analysis supports that. Two Circuit court rooms, two Juvenile and Domestic Relations court rooms and a General District court room would be built. The master plan does allow for expansion in the future. Pictures of the new proposed Courthouse were shown on the screen. Mr. Fitzgerald pointed out that it was important to look at the updated numbers for projections and caseload analysis. The updated report verifies that 5 court rooms will be needed.
Chairman Bragg stated that it was important to have this analysis updated. During the various meeting and presentations the question has come up several times as to whether more space was definitely needed. The new study supports the idea that the space originally projected is the space that is still needed.
WAIVERS -NONE
CONSENT AGENDA
Mr. Pyles moved, seconded by Mr. Coleman, that the Board approve the consent agenda as follows:
CLAIMS
Considered claims paid since September 1, 2016 Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Motion carried.
(END OF CONSENT AGENDA)
MATTERS TO BE PRESENTED BY THE BOARD
Dr. Pattie:
1) November 1, 2016 at 7:00 p.m. is the Broadband meeting. The purpose of this meeting is to inform the general public of the status of this project.
Mr. Fitzgerald stated that there was a lot of discussion in Deerfield about towers and where the County was with the project.
2) Remember to continue filling out the survey. It’s important that everyone fill it out so that the best data is available for the project.
Mr. Coleman:
Dr. Pattie and he attended the Farm Bureau Annual Meeting. Membership voted to approve a policy opposing the Atlantic Coast Pipeline, particularly the use of imminent domain. The Farm Bureau Board did not recommend this to the membership, but with some discussion the decision was made.
Mr. Shull:
People that have attended the numerous meetings on the Courthouse are mostly surprised by the details given. The people have been receptive to the details and want the information. This is a big issue and it’s important to get the right information out. Mr. Shull would like for the Board to consider different ways of getting information out to the public and then get some feedback.
Mr. Garber:
The meetings he has attended on the Courthouse have been very interesting.
Mr. Kelley:
A citizen from Mr. Garber’s district questioned him as to why the concealed weapons permit fees were so much higher than other localities. Mr. Kelley will be contacting Carol Brydge, Clerk of Court, to check on it.
Jennifer Whetzel, Deputy County Administrator, stated that it may have something to do with fingerprinting.
Mr. Kelley responded that it was talked about and that was the initial reason for the cost, but now the cost of fingerprinting has decreased.
Mr. Shull commented that fingerprinting is not a requirement now for Concealed Weapons Permits.
Mr. Pyles:
Mr. Shull brought up the point of information. I was at an AARP meeting and it was an engaging good crowd. The people were there to get information and were solidly behind it. Last night we went to Deerfield with approximately 30 people, which was a good turnout. I was expecting some kick back from the Deerfield folks because they are pretty conservative, but there was none. They appreciated the information and saw the value in some of the things. The information and what’s getting out is a little disappointing because there has been a false equivalency between this Board and the people that are opposed to us. I think it starts at the Editorial Board from the News Leader. There was an article that suggested that the diners of the Rowe’s Family Restaurant as a group would be smarter and better leaders than us. Mr. Delegate Bell wrote, “I’ve been impressed by The Augusta Citizens Group who are standing up”. He has been impressed by that group, so I guess we are not very impressive. I wanted to try to put out something that places light on where we stand and who is against us. Who are these people that are doing it?
Normally, during an election the newspapers look at funding. How much money was contributed to what candidates and from where? That can provide critical background to why a person may be running for office and who he will have allegiance to once he gets elected. This week I was handed a letter by an attorney in Staunton. He had a letter to the editor and said we had three court rooms, he only missed by two. That’s a 60% grade, we have five, and the quality of the information that comes out has not been accurate. When I was at Fort Defiance, I had a conversation with a gentleman about the number of deputies in Rockingham verses Augusta County, and a fellow I didn’t know interjected himself in the conversation and said you need to save your money to build a Waynesboro High School. That’s probably as lacking in understanding as anything that has been said to me since I’ve been on the Board. I asked him who he was and he said I am Judge Humes Franklin. So that’s the quality of information from that gentleman. Then if you look at the one on one conversation that was had by Mr. Sheets and Mr. Dahl, and I would hope the reporters would look at it, Mr. Dahl said, we need to take what’s in the General District Court building and put it in the Cochran Judicial Center, it won’t fit. Their information is not tweaked and micromanaged and looked at under a microscope like ours is. We had a question that came up and we said if we are wrong we will fix it. We are a year later from where we were and we had different information so we updated it. We have updated the population, needs, and cost. I think we did the right thing. The Board as a whole and the six people that are for the Courthouse are a very good group of people. Mr. Shull is a man of accomplishment.
A MATTERS TO BE PRESENTED BY THE BOARD (Mr. Pyles CONT’D) self-made man. He is a farmer and owns a construction business, and he takes care of maintenance at a large warehouse. You have to have knowledge, you have to have skill and you have to wake up early to start and keep up with farming and to keep up with the regulations on construction. He brings great value of how things are built and a practical aspect of what things cost. Mr. Garber is one of the foremost people in agriculture in our County. The Governor and Secretary of Agriculture come to his farm to learn the latest in farming. He has two tractor and tractor implement businesses. He has a dairy operation and every crazy animal possible at his farm. He’s well respected and has been Chairman of the Shenandoah Valley Airport for over 20 years. He has tractors that don’t need people and it’s the latest in technology. He is a smart and successful guy. Mr. Kelley is in management at a manufacturing plant. In that regard, when you are in a manufacturing plant working with hundreds of people, you have a lot of people helping you out and telling you how to run the government. He’s successful in that life, he’s a dedicated man of faith, he is chief of Company 10 Volunteer Fire Department. He has been in rescue and fire for a very long time and is very dedicated to what he does. We are lucky to have him, he brings the pulse of the working man, and the pulse of volunteers. His faith based approach to government is a good thing for us. Mrs. Bragg hears from the people every day. She has a 7-11 retail store in Stuarts Draft. You learn things by being around people whether you want to or not. She hears what they have to say and takes their input and feedback and it’s a great thing to have. The 7-11 is what used to be the country store. In Deerfield it was Hoy Store. In the evening you would go there and discuss what is going on with the world and you had community input and output. That’s what Mrs. Bragg does.
When we were considering her to replace Mr. Byler, I called one of our old friends, John Sweat, and I ask him what he thought of Mrs. Bragg because I didn’t know anything about her. He said top shelf. You’d be lucky to get her. You should see what she has done with the Christmas Parade. She is involved and well respected in the community. Then we have Mr. Coleman, he is a man that for nearly 50 years has been working in the service of making broken people whole at Woodrow Wilson Rehabilitation Center. A noble investment of time and effort to try and help those that really need it the most. The people that would like to have a normal life, not a great life, but just normal. He is greatly involved in the community. Whether it’s the support of sports at Wilson and other places or at Preston Yancey. He has been involved with that a long time. When the Wilson folks wanted new schools, they called on Mr. Coleman. He was there and is well respected from that community. He is a true division one athlete of top quality. A football player for NC State and has a ring for a championship while there. I talked to someone from Lee High and he said Mr. Coleman was the original white lightning. He could really run.
Then there is myself. I graduated from Buffalo Gap and was in the Service for four years.
In the tests they gave us, I was in the highest group. I was allowed to be in for four years.
Normally, you had to sign up for six years to get all of the education, but they thought I could get by with less. I came out, went to James Madison University and got a degree in Political Science. While there the Political Science department sent me to Stetson University in Florida to represent the college in the Model US Senate. While I was there I played inner college chess. I look at these six and I see folks that I’d put up against any group that’s out there. It’s not what you have in terms of who you are, it’s what you’ve accomplished. When I look at what we have accomplished compared to others, we are top shelf. Rockingham has a 70 cent tax rate, we’ve got a 58 cent rate. We’ve gone from 14 career people to 106 in twenty years. All of our schools are in good shape right now.
We have a Capital Plan for the schools and as far as the eye can see, we can take care of it with the $7.2 million that is available. I think in four or five years we will be able to take some of that back and put it into operations. We’ve taken care of Economic Development, we are better than the State in unemployment and the State is better than our Nation. We have a much higher household income than the cities and others around us. Based on the physical stress index for Virginia, Staunton comes in at 21 and Waynesboro at 24. One being the worst and 133 being the best, we are at 91. Every measure on how you operate your business, Augusta County is doing well. So, maybe MATTERS TO BE PRESENTED BY THE BOARD (Mr. Pyles CONT’D) there are six people at Rowe’s that could do a better job than we as a Board are doing, but I’m not sure they could. When I look at people like Humes Franklin who doesn’t know we don’t build high schools in Waynesboro, I’m not thinking that these people know much of anything about what we are doing. The point is, they’re into things that are about them.
They have self-interest, where this Board has community interest. This attorney’s letter is a smoking gun that shows that. Mr. Vellines writes: The Common Sense Courthouse Solutions Committee has been meeting regularly. Has generated op-ed pieces and letters to the editor, monitored town hall meetings, prepared information handouts and even yard posters. The several weeks before the vote will be critical. Getting out the message is expensive. McGuire Woods is coordinating this effort. McGuire Woods is the most political active influential law firm in Virginia. They give out money all of the time. The Committee is not only going to them for legal advice, they are going to them for the public relation advice and how their contacts and who they work with can benefit their clients in their endeavor. They are in Richmond, not local. I am requesting of each of you a contribution of one hour or more of your available time. I’ve given my share. This vote represents the biggest potential seat change in my 40+ years of practice. None of us can afford to sit on the sidelines. That’s about their money and their wellbeing. There’s nothing here that says, let’s look out for the taxpayers of Augusta County. This is simply saying, we can’t afford it. That should be the headline in the papers tomorrow. That’s who is driving the opposition. When I get out and talk to our people, they want to know the facts and they want us to make smart decisions. So who is funding all of this? The newspapers typically check VPAP to see who is making contributions. I took a look at it to see who was contributing to Augusta Citizens Coalition. Elk Trucking which is Joanie Island gave $5,000.00. She has her business in the Wharf area of Staunton and she has a million dollar home. Julian and William Stewart Moffett each gave $5,000.00. These two have a personal stake, their father was one of the Judges. Then you have Alan Dahl and Tom Sheets who have each given $5,000.00. If you look up Staunton Real Estate online you will find that they are mutual investors in some 20 properties in Staunton.
Richard Cullen originally from Staunton puts out a lot of money. He is with McGuire Woods, the firm that’s going to do the public relations for the Common Sense Group. Mr. Cullen is very successful and has served in past Republican administrations. So you have seven people essentially giving $5,000.00 and then Humes Franklin gave $300.00.
Then we go to Common Sense Courthouse Solutions. It shows that $500.00 came from the Historic Staunton Foundation. 501C’s are not supposed to get involved with politics, but they saw the importance of doing that. You will find in that group is Frazier Architects and a lot of other folks that have an interest in keeping the Courthouse in Staunton.
Dorothy Bumgardner, the Judges wife gave $500.00. Nelson McPherson, Allen and Carwille and Mr. Vellines, all of Staunton Law Firms gave $200.00. When we look at that group, you have the legal community and a couple of power brokers in our area that have a lot of investments in Staunton they care about. If you look at this, The Historical Staunton Foundation bylaws state; no substantial part of activities in the foundation shall be carried on of propaganda or otherwise attempting to influence legislation. Their $500.00 is meant to influence our legislation to stop this from going through. IRS has things against those groups doing it, however section 501C3 must avoid any issue advocacy that functions as political campaign intervention. They are risking their IRS legitimacy doing that.
Then we have two judges involved with this. We have canons of ethics that state a judge cannot engage in any political activity accept on behalf of measures to improve the law, the legal system or the administration of justice. What is interesting is how they are undermining Judge Ludwig and Judge Ricketts. Those folks feel honor bound not to engage in this and that’s why we haven’t heard from them. The other people feel quite free to jump in and say what they will. There are legitimate reasons that judges should not do it. If they want to stop being judges and don’t want to be availing themselves to be criticized, then get out of the business. It seems to me they have some kind of issue with Judge Ludwig because for them to step up and try to undermine what he is trying to do is wrong. That’s like past President’s speaking out on the current President. They know it’s a tough job. When these guys criticize us about how we let the courts fail, where were MATTERS TO BE PRESENTED BY THE BOARD (Mr. Pyles CONT’D) they? It’s Judge Ricketts who said we had fix the General District Court and Judge Ludwig who said we needed to fix the others. I’ve never heard from the others Judges wanting to fix anything. They are just happy with the way it is and now they are saying we weren’t doing our jobs. They weren’t doing their jobs. To point that out, the last page of the letter from Judge Ludwig turning us down on the $11 million referendum. He says because of the County’s acknowledgement that the current courthouse facilities, not one facility but both facilities, are inadequate. The Court has not initiated any action pursuant to code 15.2-1643A. That’s his authority to petition of the Supreme Court to have us fix things. He is saying, you said you were going to fix it and I’m going to let this ride, but it needs to be fixed. This is exactly what happened in Rockbridge County. The opposition calls themselves the Augusta County Coalition. Can seven people just get together and suddenly become a coalition of the County? They are not my people. Not the people I’m going to and talking to who talk about the parking not being right, who talk about the inconvenience of going to Staunton, who talk about the things that need to be done. All of this misinformation out there. My wife was approached and the person said there would be a tax increase, there’s no tax increase, and we’ve got it funded. They bring up all sorts of things by doing letters to the editor and giving handouts and they are not scrutinized.
No one is scrutinizing Alan Dahl when he says we can move the General District Court to the Cochran Center. I have been asked if I read Tom Roberts editorial. Clerk of the Court of Staunton. People were calling for consolidated courts, was he, no? Why, because he would lose his job. So when they are saying, let’s have consolidated courts, he writes a letter saying, let’s just combine and share the space. In regards to empty buildings in Staunton, he said to forget about the old Cochran Center and build a third floor. He doesn’t want to keep the old building. He’s not happy with it. He’s saying build a third floor. He didn’t come forward and ask who was going to pay for the third floor. Staunton said $12.5 million was their limit and they haven’t said anything during this campaign and I challenge the reporters to ask Staunton Council if they are still putting up $12.5 million if the referendum fails. I think they will find that they won’t. Dickie Bell has received $4,249 from McGuire Woods, the law firm doing the publicity campaign. Why do they send that money to a local legislator? They have him on retainer. When they need something, they call them. Tom Sheets has given him $1,750, Richard Cullen has given him $500, Alan Dahl has given $800 and Elk Logistics has given $500. So when he talks about the quality of the group opposing this, their quality is they contribute to his campaign and then he has the nerve to talk to us about being good fiscal stewards. Mr. Bell talked about the State being $1.5 billion in the hole. The last time they had problems they took $190 million from local government. That’s $190 million dollars that came out of property taxes.
Somebody paid but the State didn’t. I would challenge you to go back and look at when Dickie Bell has ever written anything giving us any advice on anything we are doing. Why is he involved with this? He’s heard the voice of his contributors and he has answered.
Ed Clymore, Former Superintendent of Schools, wrote a letter. We had to go through a lot with Mr. Clymore, he wanted all money to go to construction. He didn’t care about Teacher’s salaries and operations. We had a huge reassessment in 2001 and this Board led my Mr. Kiser said that we needed to help the teacher’s some. We will take this big assessment increase and put half to operations and half to capital. Ed didn’t want that, he wanted it all for capital. This Board voted 4 to 3 to split it and we helped the teachers out instead of the other. Ed is for vanity just like the lawyers. For a Superintendent to have a school named for him while he is still Superintendent takes a lot of nerve. It’s a mistake to name any of our schools after anybody. Let them be descriptive. Let it be Fort Defiance Elementary and Fort Defiance Middle School like Riverheads. Some people like to be movers and shakers for their own needs. The editorial people can do what they want, but I’m hoping the reporters will bring some of this up. Headline tomorrow should be ‘Lawyers can’t afford for the Courthouse to move”. That’s the issue. That’s what is driving this opposition. It’s not a well spring from the grass roots of Augusta County. Its seven people pitching in $5,000 each, it is lawyer groups doing the leg work. I think in a fair test we win, but when people are muddying the water, it’s not helpful.
Chairman Bragg:
1) Added to Mr. Pyles comments which are right on point. I would hope that the news media would explore a little more about what the other side or those that are opposed to the move are saying. As an example, Tom Sheets spoke at the Republican Party a few weeks ago and he said “we all know the Frazier will not work”. He publically said the Frazier plan will not work. There is no way the bridge can be built across the street and they know that. That is something that we as a Board has been saying also. It isn’t feasible. Mr. Fitzgerald and I attended a meeting yesterday and Judge Bumgardner made a presentation about the court issue. He said consolidated courts will not work and cannot happen. Again, part of their argument concerning the Courthouse issue. We have been criticized about not doing a study on the possibility of renovating the old District Court building. We know the information that we have and to be able to spend tax dollars to find out something that we already know, we have chosen not to do that. Duane Barron said that they don’t have the funding to be able to do the needs analysis to decide whether that building can be remodeled in any way. So most of their argument is we think and we believe, but they are not willing to do the study and don’t have the background information to determine whether that is a feasible action or not. So 3 of the plans that are being put forth, their leadership has said won’t work. That is a concern. Mr. Pyles also touched on the Judges actions being current or retired are regulated by what is called Canons of Ethics. They have a Code of Ethics and Canon number five, which Mr. Pyles read a portion of earlier, also says, a Judge will not act as a leader or hold an office in a political organization and will not make speeches for a political organization or publically endorse, which was done yesterday. It also states a Judge will not solicit funds for or pay for an assessment or make a contribution to a political organization. If you go to VPAP you can see the contributions made so there are concerns.
Mr. Shull stated that in talking about the walkway, the Courthouse is a historical building. What effects will the walkway have on it? Adding a walkway will not keep it in the Historical state. Mr. Pyles talked about the economic growth that we have had in Augusta County. Look how many folks that live in Staunton but come to Augusta County to work. We do help Staunton out in tremendous ways.
2) Remind everyone of the Courthouse Tour on October 22, 2016. We have added one final Courthouse Tour on October 29, 2016. Courthouse Open House at Government Center on November 3 from 4p.m. -7p.m. We want people that don’t like to come out in the evening to have the ability to visit. The first part is a more one on one presentation where people can come and ask questions and look at the plans and the information that has been done in the studies. Then followed by a presentation along with questions and answers.
3) Broadband meeting on November 1, 2016 4) VDOT meeting on October 25th and also on that same day is the Hospital/Government Social from 5p.m. – 6:30p.m.
5) VACO is November 13-15, 2016.
MATTERS TO BE PRESENTED BY STAFF
Mr. Fitzgerald discussed the following:
1) VACO Conference is November 13-15 at the Homestead.
2) Voting member for VACO to be elected for the Board’s annual meeting on Tuesday.
Mr. Pyles moved, seconded by Dr. Pattie, that the Board appoint Carolyn Bragg, Chairman to be the voting member for the VACO Annual Meeting.
Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, and Bragg and Pyles Nays: None Motion carried.
3) Nathan Ramsey’s position on the CEMCS needs to be filled. Rod Pierce has been recommended to fill the position.
Mr. Kelley moved, seconded by Mr. Pyles, that the Board appoint Rod Pierce to the Central Shenandoah Emergency Medical Services Board.
Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Motion carried.
4) The Valley ASAP Annual Report was distributed to the Board.
5) Broadband public meeting on November 1, 2016 at 7:00 p.m.
6) Ms. Whetzel informed everyone of a FOIA meeting that will be on October 26, 2016 in the morning. There will be 40 people from the County attending this training. The Board is invited as well.
7) Ms. Whetzel attended the Waynesboro Housing Authority meeting. The annual count of homeless people reported in Augusta County, Waynesboro and Staunton is 91. This group wants to educate the community more about it and Ms. Whetzel would like to invite this group to do a monthly presentation and speak about their mission.
Mr. Coleman informed everyone that Tinkling Springs Presbyterian Church will be having their Fall Festival on Saturday from 8am-3pm. All proceeds raised will go three charities, Haiti, The Warm and Love Inc.
CLOSED SESSION
On motion of Mr. Pyles, seconded by Mr. Shull, 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-Building Board of Appeals B) Personnel under the direction of the Board of Supervisors On motion of Dr. Pattie, seconded by Mr. Coleman, the Board came out of Closed Session.
Vote was as follows: Yeas: Bragg, Kelley, Garber, Wendell, Shull, Pattie 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: Bragg, Garber, Kelley, Coleman, Shull, Pattie and Pyles NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
Mr. Pyles moved, seconded by Dr. Pattie to reappoint William Dudley, Jr. to the Building Board of Appeals effective immediately and to expire on October 31, 2021.
Vote was as follows: Yeas: Shull, Coleman, Kelley, Bragg, Garber, Pyles, and Pattie Nays: None Motion carried.
ADJOURNMENT
There being no other business to come before the Board, Dr. Pattie moved, seconded by Mr. Garber, the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Motion carried.
Chairman County Administrator H:10-12min.16
