Regular Meeting – March 23, 2016
Regular Meeting, Wednesday, March 23, 2016, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Carolyn S. Bragg, Chairman
Tracy C. Pyles, Jr., Vice-Chairman
Gerald W. Garber
Terry Lee Kelley, Jr.
Wendell L. Coleman
Marshall W. Pattie
Michael L. Shull
John R. Wilkinson, Director of Community Development
Timmy Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
Patrick J. Morgan, County Attorney
Rita R. Austin, CMC, Executive Secretary
Angie Michael, Executive Secretary
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, March 23, 2016, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 240th year of the Commonwealth….
Chairman Bragg welcomed the citizens present.
The following seniors from Riverheads High School, led us with the Pledge of Allegiance:
Kyra Brunty hopes to attend Sweetbrier and major in Photo Journalism.
Olivia Harris hopes to attend Liberty University with a major in Pre-law.
Emma Pack wants to attend James Madison University and major in Elementary Education.
Lexi Moore hopes to pursue a career in Nursing.
Grace Preston hopes to attend Blue Ridge Community College and transfer to Old Dominion University and become a Mid-Wife Cody Duff wants to attend Blue Ridge Community College transfer to Longwood and major in Criminal Justice.
Sam Puffenbarger plans to attend Blue Ridge Community Collect and study Aviation.
Jameson Kelly wants to become a professional gambler.
Matt Saulle wants to attend Blue Ridge Community College and study in Computer Science.
Terry Kelley, Supervisor for the Beverley Manor District, delivered invocation.
LOCAL GOVERNMENT EDUCATION WEEK PROCLAMATION
Timothy K. Fitzgerald, County Administrator, gave a brief description of what the Proclamation was about. He is in the process of working with Dr. Eric Bond, Augusta County School Superintendent to schedule visitation with some of the schools and educate them on local Government and what that means to people and what happens in local Government.
Tracy Pyles moved, seconded by Gerald Garber, that the Board adopt the following resolution:
PROCLAMATION
APRIL 3-9, 2016 AS
LOCAL GOVERNMENT EDUCATION WEEK
WHEREAS, since the colonial period, the Commonwealth of Virginia has closely held the institutions of local government; and WHEREAS, local governments throughout the Commonwealth provide valuable services to the citizens of the communities they serve; and WHEREAS, citizen services such as, law enforcement, public health and safety, recreational opportunities, and educating local children, are most often delivered at the local level; and WHEREAS, in recognition of the work performed by local governments, the Virginia General Assembly, on February 29, 2012, designated the first week in April as Local Government Education Week in Virginia; and WHEREAS, April 2, 1908 was the creation of the Council-Manager form of government in the City of Staunton thereby making the first week in April appropriate for this designation.
NOW, THEREFORE, BE IT PROCLAIMED, by the Augusta County Board of Supervisors that April 3-9, 2016 is hereby designated as Local Government Education Week; and BE IT FURTHER PROCLAIMED, that the Augusta County Board of Supervisors and the Augusta County School Board will partner to promote civic education and engagement in an effort to educate citizens about their local government, strengthen the sense of community, and engage the next generation of local government managers.
Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Motion carried.
BOARDS AND COMMISSIONS CERTIFICATES OF APPRECIATION
Chairman Bragg recognized the following individuals and expressed her appreciation in their outstanding work to enable the County to be a better place to live:
Drake H. Mandeville Parks & Recreation 3 years Devon Boyers Youth 2 years Taylor Cole Planning Commission 7.5 years Linda Yancey Youth 9 years Justine Carter-Moats CAP-SAW 6 years George W. Cox VCSB 3 years Vice-Chairman Pyles presented certificates to those individuals who were present.
VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) FINANCING
This being the day and time advertised to consider the issuance by Augusta County, Virginia, without a referendum, of general obligation bonds and pledging the full faith and credit of the County thereto (the “Bonds”). The Bonds will be sold to the Virginia Public School Authority to finance a portion of the costs of capital projects for school purposes, primarily the design, construction and equipping of a new Riverheads Elementary School, a new Hugh K. Cassell Elementary School and an expansion of Wilson Middle School, as well as the demolition of the existing Hugh K. Cassell Elementary School and Riverheads Elementary School buildings. The Bonds may be issued in more than one series and from time to time in an aggregate principal amount not to exceed $47,000,000. A portion of the proceeds of the Bonds will be used for the payment of issuance costs.
Jennifer Whetzel, Deputy County Administrator, advised that before the Board is the consideration of issuance of Bonds by Augusta County. They are general obligation Bonds and require pledging a full faith in credit that the County will be able to repay these bonds based on our revenues. The bonds will be sold to the Virginia Public School Authority to finance a portion of cost of capital projects for school purposes. The Bonds may be issued in more than one series. There are plans to issue $30 million in the spring and $15.5 million in the fall. Those designations are in accordance with the construction schedule for the three projects. This public hearing is actually for an amount not to exceed $47 million. The reason for the difference between $47 million and $45.5 million is in case the market changes and we can sell the Bonds at a discount. We want to guarantee the $45.5 million. Advertising the $47 million allows us to have only one public hearing if the bonds are sold at a discount. A second public hearing is not necessary. A portion of the proceeds of the Bonds will be used for payment of issuance cost. In the packet given was a Resolution, which authorized the issuance of the Bonds for the project. It authorizes the pledge faith full in credit and it will also authorize County representatives including School Superintendent, Chairman of the Board, County Administrator and the Clerk of the Court to sign off on the documents and get them executed. Also included was Bond Sale Agreement and Continuing Disclosure Agreement. The timeline going forward; votes will be given to Counsel. Counsel will prepare the documents and send them back for signatures in early April. The Bonds will be sold around April 26, 2016. Closing and receipt of the funds by County around May 17, 2016. The Board previously approved a resolution for these projects in February 2016.
Dr. Bond, Superintendent of Augusta County Schools, showed a brief PowerPoint presentation which included pictures of the progress on the three projects taking place at Riverhead Elementary School, Hugh K. Cassell Elementary School and Wilson Middle School.
The Chairman declared the public hearing open.
There being no speakers, the Chairman declared the public hearing closed.
Mr. Pyles moved, seconded by Mr. Shull, that the Board approve the request.
Vote was as follows: Yeas: Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Abstained: Pattie Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC – NONE
TRANSFER OF SURPLUS PROPERTY
The Board considered transfer of surplus property for Augusta County School Board (Buffalo Gap High School).
Patrick J. Morgan, County Attorney, reported that the School Board has determined that approximately 30 acres of land in the Buffalo Gap area is surplus and has opted to transfer the property to the Board of Supervisors. To make the transfer complete the county has to accept the property; and he asked that the Board authorize the chair to sign the document accepting the property.
Mr. Pyles moved, seconded by Mr. Shull, that the Board approve the request.
Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Motion carried.
WAIVERS/VARIANCES – NONE
CONSENT AGENDA
Chairman Bragg asked if the public wished for any item to be removed from the Consent Agenda and considered separately. There was no request.
Mr. Coleman moved, seconded by Mr. Shull, that the Board approve the consent agenda as follows:
MINUTES
Approved minutes of the following meetings:
• Regular Meeting, Wednesday, March 9, 2016
STREET ADDITION
Consider Community Development’s and VDOT’s recommendation to adopt resolution for acceptance of the following street into the Secondary Road System in accordance with VDOT request (Wayne District):
VILLAGE ON GOOSE CREEK PHASE 2 – STREET ADDITION
WHEREAS, that the County and the Virginia Department of Transportation have entered into an agreement on August 26, 1996, for comprehensive stormwater detention which applies to this request for addition.
WHEREAS, VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes in the secondary system of state highways.
BE IT RESOLVED, that the Virginia Department of Transportation is hereby requested to add the following streets in VILLAGE ON GOOSE CREEK PHASE 2 into the secondary road system of Augusta County pursuant to Section 33.2- 705 of the Code of Virginia (1950) as amended:
Murphy Deming Drive, State Route Number 1383 From: Route 1382 Village Creek Drive To: 0.14 miles Intersection of Route 1960 Length: 0.14 miles Baldwin Boulevard, State Route Number 1960 From: 0.10 miles west of Route 636 To: 0.10 miles Route 636 Length: 0.10 miles AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for cuts, fills, and drainage as recorded in Plat Book 1, Pages 8757-8759, Instrument 140004312, recorded July 9, 2014.
AND FURTHER BE IT RESOLVED, that the Virginia Department of Transportation will only maintain those facilities located within the dedicated right-of- way. All other facilities outside of the right-of-way will be the responsibility of others.
Vote was as follows: Yeas: Pattie, Shull, Garber, Coleman, Kelley, Bragg and Pyles Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following issues:
Mr. Shull: “Cannot figure out how you can get wetlands out of dry land” on the Riverheads Elementary School project.
Mr. Garber: Screensaver on tonight’s PowerPoint- the choice of the screensaver selection was of the Weyers Cave airport. Each plane in the picture represented some form of business being conducted in Augusta County.
Mr. Pyles: Schools-commented on construction of schools and how it looks when it is started is not always how it ends up. How it all comes together is amazing.
Chairman Bragg:
1) Thanked Ms. Austin for everything she does and recognized her for being chosen as 2015 Employee of the Year 2) Social Services Symposium from 4pm-6pm on Wednesday, March 30, 2016 3) Budget work session on Monday, March 28, 2016
MATTERS TO BE PRESENTED BY STAFF
Staff discussed the following issues:
1) Ms. Whetzel: Attended the Augusta Health Kick-off Meeting for their Community Heath Assessment. They are required to go through this assessment once every three years. Augusta Health has a company that will be reaching out to the area residents by telephone and going through a health assessment. A survey will also be sent out to Stakeholders, including the Board of Supervisors, to complete as part of the process. One favorable outcome has been that CAP- SAW used it for some of the funding that they needed and it helped them get grants from the data of the assessment. It will affect many of the organizations in the County.
2) Mr. Fitzgerald attended a fundraiser at Hugh K. Cassell Elementary School
CLOSED SESSION
On motion of Mr. Pyles, seconded by Mr. Garber, 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) Fire and Rescue Assignments (2) 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) Ladd Property (3) 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 B) Contractual Matters On motion of Dr. Pattie, seconded by Mr. Shull, the Board came out of Closed Session and adjourned subject to the call of the Chairman.
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.
ADJOURNMENT
There being no other business to come before the Board, Dr. Pattie moved, seconded by Mr. Shull, the Board adjourned 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:3-23min.16
