Organizational Meeting – January 5, 2011
Organizational Meeting, Wednesday, January 5, 2011, 5:00 p.m. Government Center, Verona, VA.
PRESENT: Jeremy L. Shifflett, Chairman
Wendell L. Coleman, Vice Chairman
Gerald W. Garber
Larry C. Howdyshell
David R. Beyeler
Nancy Taylor Sorrells
Timmy Fitzgerald, Director of Community Development
Jennifer M. Whetzel, Director of Finance
Patrick J. Morgan, County Attorney
John C. McGehee, Assistant County Administrator
Patrick J. Coffield, County Administrator
Rita R. Austin, CMC, Executive Secretary
ABSENT: Tracy C. Pyles, Jr.
VIRGINIA: At an organizational meeting of the Augusta County Board of Supervisors held on Wednesday, January 5, 2011, at 5:00 p.m., at the Government Center, Verona, Virginia, and in the 235th year of the Commonwealth….
RIVERHEADS FIRE AND RESCUE STATION
The Board considered leases and operational agreements for Fire and Rescue. This item was tabled at the December 8, 2010 meeting.
Patrick J. Morgan, County Attorney, reported that the final drafts of the lease agreement between SARS and Riverheads Fire Company for the new building have been completed. A few minor modifications were made to the agreements. In regards to SARS, three areas needed to be addressed: 1) Security system; 2) Second tone in with the new fire stations – no longer a concern; and 3) Wording as to cleaning responsibility. SARS requested that all requests go to the Emergency Services Committee instead of the County Administrator. SARS also asked that a statement that building improvements will not be done without County approval and that approval will not be unreasonably withheld.
Mr. Howdyshell moved, seconded by Ms. Sorrells, that the Board remove this item from the table.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
* * *
Ms. Sorrells thanked the County Attorney on his diligent work on these documents. She mentioned the following concerns:
1) On the lease agreements (which is identical to SARS and Riverheads), No. 15 should be deleted. (“Nothing in this lease shall be interpreted as preventing the Lessor from assigning professional fire or rescue personnel to use or occupy the leased premises from time to time on an as-needed basis.”) Ms. Sorrells moved, seconded by Mr. Beyeler, that the Board approve the deletion of the last sentence in paragraph No. 15 in the Lease Agreement and only be included in the Operational Agreement.
Mr. Coleman asked what was the rationale for including this sentence.
Mr. Morgan stated that the thinking of staff to include the language was because of the problems that had occurred at Preston Yancey. They felt that there may be some times that SARS or the Fire Company could not meet the demands of the area and that career personnel may be needed to augment the volunteers or SARS.
Ms. Sorrells felt that this information should be placed in the Operational Agreement instead of the Lease Agreement.
Mr. Howdyshell asked if this could cause a problem. “If it came to that, you would already have a built-in conflict between the professional and the volunteers.” Mr. Beyeler agreed that it should not be in the Lease Agreement. Mutual Aid is included in the Operational Agreement.
Mr. Howdyshell stated that this would give an option of placing people if needed without any argument.
Ms. Sorrells felt that it was covered in the Operational Agreement.
Mr. Coleman felt that this wording would guard against any problems occurring in the future.
Mr. Beyeler asked if it would be a problem of deleting wording from the Lease Agreement. Mr. Morgan stated that, from a legal standpoint, it would not be a problem.
Mr. Shifflett opined that the Lease Agreement was for the premises, building and equipment. If the sentence is deleted, it should remain in the Operational Agreement.
Vote was as follows: Yeas: Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: Howdyshell
Absent: Pyles
Motion carried.
* * *
2) Mr. Morgan mentioned that, with the Operational Agreement with SARS, a date concerning Revenue Recovery (February 1, 2005) was needed to be amended to reflect SARS’ participation in the County’s program. The Agreement has been revised to reflect the date of February 10, 2010. John C. McGehee, Assistant County Administrator, added that this version reflected the AIG opinion.
Mr. Beyeler moved, seconded by Ms. Sorrells, that the Board approve the amendment of the date to be February 10, 2010.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
* * *
3. SARS Operational Agreement –
a. Paragraph 3, regarding living spaces, should read “It is understood that all administrative and living spaces within the Riverheads Fire and Rescue Station will be shared by SARS and the Riverheads Volunteer Fire Department;” and that “and Augusta County Fire-Rescue career staff, if needed” should be deleted.
Mr. Beyeler asked Mr. Morgan if it would be a problem to delete. Mr. Morgan stated that it would not present a legal problem. Mr. Beyeler added that SARS is supposed to furnish 100% personnel on the Rescue side.
Ms. Sorrells moved, seconded by Mr. Beyeler, that the Board approve as amended.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
* * *
b. Paragraph 8 asked for the clarification of “The County reserves the right to require changes in procedure that are consistent with the County’s overall emergency services plan.” Fire Chief Holloway stated that, in the event in the future, if there were changes in Emergency Operations, that the County would have the right to make changes in the process. He added that there is no mandate to follow.
Ms. Sorrells asked if there were a mandate, would that not apply to everyone. Fire Chief Holloway advised that there is no mandate right now. However, if there were a mandate, everyone would have to follow it. The County has always depended on the State to follow-up and assure that the companies are compliant with the guidelines.
He added that the State has guidelines to be followed and that this verbiage gives the County the opportunity to monitor the station.
Mr. Shifflett asked if SARS was being monitored currently. Fire Chief Holloway said that SARS was not being monitored. Mr. Shifflett felt that if this wording was placed in the Riverheads agreement, that it should also be placed in the SARS agreement. Mr. Morgan added that this language has been placed in the draft for all county agencies.
Mr. Coleman questioned when the language should be placed in the agreement. He felt that it would be better to have it now in all agreements instead of changing the agreements at a later date.
Mr. McGehee reiterated that the question was when to place the wording in the agreement. He gave the scenario of some agencies deciding not to sign the agreement and asked what would be done in that case.
Ms. Sorrells asked if the agencies could operate without a signed agreement. Mr. Morgan stated that the County is the one that assigns the response areas and that a signed agreement is necessary.
Mr. Coleman and Ms. Sorrells felt that the exact language should be placed in ALL agreements.
Mr. Beyeler asked what the County’s overall emergency plan was. Fire Chief Holloway advised that the State guidelines are followed. There is no set fire policy of minimum training to fight fires. There are some State standards for EMS. The County, basically, follows those guidelines. If Operational Medical Director (OMD) provides direction on certain training or certain requirements on special equipment, then they would have to make sure that all crews were consistent.
Mr. Howdyshell added that SARS is a major player in developing the guidelines and hoped that they would be followed.
Mr. Morgan clarified to Ms. Sorrells that the particular sentence would be amended on to paragraph 4 of the agreement with the Riverheads Fire Company as reflected in the SARS agreement in paragraph 8.
Ms. Sorrells moved, seconded by Mr. Beyeler, that the Board approve revised Lease Agreements and Operational Agreements and amending paragraph 4 of the agreement with the Riverheads Fire Company as reflected in the SARS agreement in paragraph 8.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
REASSESSMENT
Chairman Garber advised that, on February 24, 2010, the Board voted 6-0, one absent, to leave the reassessment term at four years. In meeting with Vice-Chair, staff and Mr. Morgan, to discuss legal obligations and opportunities, it was understood that the County has the option of either a five-year or six-year term. With the costs involved with reassessment, Mr. Garber asked the Board to reconsider the February 24th decision and proposed going to a five-year assessment term.
Mr. Coleman, as a Board liaison to the Reassessment Committee, agreed with Chairman Garber.
Mr. Coleman moved, seconded by Mr. Beyeler, that the Board, as allowed for in Section 58.1-3252 of the State Code change its current reassessment schedule from every 4 years to a 5-year interval in light of ongoing stagnated economic conditions. I further propose that the Board of Supervisors reevaluate this decision next year to determine if a 5-year or 6-year schedule, as permitted by the State, would best meet the needs of the citizens and our County.
Mr. Coleman added that this would be considered next year to determine if the 5-year term was appropriated or if it needed to be extended to six years. He also mentioned that this idea was introduced by Mr. Pyles the other year when we asked General Assembly delegation to approach the General Assembly about allowing the flexibility to do this.
Mr. Howdyshell felt that the $600,000 that would have been needed next year could be better used elsewhere.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
ELECTION OF CHAIRMAN – 2011
Chairman Garber called for nominations for Chairman for 2011.
Mr. Beyeler nominated Jeremy L. Shifflett, seconded by Mr. Coleman, Chairman for 2011.
The Chairman called for a vote for Jeremy L. Shifflett, Chairman for 2011.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
Chairman Shifflett presented the gavel to Mr. Garber and expressed his appreciation for Mr. Garber’s service as Chairman in 2010. “It took 20 years for you to get a pair of gavels!”
CHAIRMAN SHIFFLETT EXPRESSED APPRECIATION
Chairman Shifflett made the following statement:
I want to thank the citizens and the Board for giving me the opportunity of being Chairman for 2011. As Chairman, I want to have several areas of focus. One that we have discussed here and over the past several months has been for the Fire and Rescue services. This is an area that we have to look at to find solutions for and to address. When we do this, we cannot overlook the volunteers. I have said before it is time to get serious with a more aggressive incentive program for the retention and recruitment of our volunteers. I have not given up on our volunteers. I’ve said it before and I will say it again they will remain the backbone to Fire and Rescue.
Another area is to make our meetings more accessible for our citizens. I had a proposal that was put forth back in November, I believe. In working with staff, that will be coming our way here, hopefully, by the end of this month that will allow our citizens the opportunity to submit for the record the comments on agenda items by means of the County’s website and, also, to provide an on-line budget survey so that our citizens can weigh in on the budget. When I proposed this, unbeknownst to me, the School Board has done something similar—and they did it in December, and they had a very good response with those who took the survey and gave their thoughts on the budget.
Of course, Economic Development, job retention and creation will remain important until the economy is in full recovery and our citizens are back in the workplace. We have to continue to be open to all prospects, big or small, and to continue to provide a business- friendly environment.
This year will not be without its challenges. We have to put aside our differences and work together in overcoming these challenges. I am confident that we can do that.
VICE CHAIRMAN FOR 2011
Ms. Sorrells nominated Wendell L. Coleman, seconded by Mr. Beyeler, for Vice- Chairman for 2011. Mr. Beyeler moved that Mr. Coleman be elected by acclamation.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
Mr. Coleman made the following comment:
I will follow-up on what Chairman Shifflett said. He and I, at this point, will touch base here very shortly. Following the election, I appreciate the vote of confidence from the Board. I certainly look forward to working with Chairman Shifflett. I got a call back over the holidays from Bob Stuart. Bob was doing an article about New Year’s resolutions and if I had given some thought to that in terms of 2011. Of course, right on the top of that, was something that you just heard and Chairman Shifflett and I, at this point, have not compared notes, was Fire Emergency Services, the work that we have done, the work that we are planning on doing with the Fire Services Board, that I understand, have already begun their work and certainly look forward to working with them to provide them an opportunity to help us even be better and stronger and more effective and efficient in what we do.
On the heels of that, being a Board appointee, in terms of Economic Development, in working with our new Economic Development Director, we have continued to work diligently and will continue to position this county as this economy begins to turn around that we will be at the table. We have not just kind of been sitting back. I know Dennis has been working very diligently and we have, as a Board, including Mr. Beyeler and myself and Mr. Williams, who is the Chair of IDA, have been working diligently to position us in as good a position as we can possibly be in, and to be at the table when we’re looking for expansions in the County from existing businesses and we’re looking for business from other parts of the country in the world that might be looking to relocate their operation in Augusta County.
Of course, I am excited over the fact we gave the schools authority to proceed with doubling the capacity of Wilson Elementary. Of course, Fishersville continues to grow.
There has been a lot of activity that has already being implemented and there is more being planned. I thank this Board and look forward to working with the School Board as we move ahead with that.
Lastly, and I really give a lot of credit to our past leader for his vision and the work with the rest of us with making this County more business-friendly—a place where people really want to do business and they want to stay and grow their business and things of that sort. I’ve been very encouraged in some of my travels recently where Augusta County has been singled out by the State as a place that is clearly a front leader in some of those areas.
We were at an event not long ago where that, and I certainly appreciated, the people from Richmond taking the opportunity to say good things about Augusta County in terms of what we have done through our Ordinance Committee. Again, thank you so much and looking for great things in Augusta County in 2011.
BOARD MEETING SCHEDULE FOR 2011
Rita Austin, Executive Secretary, advised that the Board meeting schedule and resolution had been enclosed with the last meeting agenda package, noting that the Board had reviewed the schedule earlier with no comments.
Mr. Coleman commented that the July meeting has been cancelled the previous four years and felt that it should be cancelled now to eliminate additional work at a later date to cancel the meeting. Mr. Beyeler felt that the July cancellation should be considered at a later date after determining the work load.
Mr. Beyeler moved, seconded by Mr. Howdyshell, that the Board adopt the schedule as submitted and resolution:
SCHEDULED MEETINGS OF THE
AUGUSTA COUNTY BOARD OF SUPERVISORS
FOR THE YEAR 2011
LOCATION: GOVERNMENT CENTER, VERONA, VA
DATES – 2010 Regular Meetings Staff Briefings Wednesday Monday 7:00 p.m. 7:00 p.m. 1:30 p.m.
JANUARY 5th 5:00 p.m.
(ORGANIZATIONAL MEETING)
JANUARY 12th 26th 24th FEBRUARY 9th 23rd 22nd (Tues.) MARCH 9th 23rd 21st APRIL 13th 27th 25th MAY 11th 25th 23rd JUNE 8th 22nd 20th JULY 13th 27th 25th AUGUST 10th 24th 22nd SEPTEMBER 14th 28th 26th OCTOBER 12th 26th 24th NOVEMBER 9th*** 22nd(Tues) 21st DECEMBER 14th Special Meetings:
Budget Hearing April 20, 2011 Budget Adoption May 4, 2011 Organizational Meeting January 4, 2012 5:00 p.m.
• February 21st – Presidents’ Day • March 28th & 29th –Budget Briefing • November 13th through 15th – Annual VACo Conference • July 13 (previously cancelled – 7/11/07; 7/9/08; 7/8/09; 7/14/10) * * *
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 2011.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF AUGUSTA COUNTY,
VIRGINIA:
1. The Board of Supervisors shall hold regular meetings during calendar year 2011, 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: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
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.
Mr. Morgan advised that the State Code provides the Board to appoint a tie breaker.
The purpose of a tie breaker is if the Board is deadlocked on an issue, this would be a person who would come in at the next available Board meeting and vote to break the tie. Traditionally, the Board has voted not to have a tie breaker and Mr. Morgan suggested that the same procedure be used as has been used in the past.
Ms. Sorrells moved, seconded by Mr. Howdyshell, that the Board not appoint a tie breaker for 2011.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
RULES OF PROCEDURE
The Board considered adoption of Rules of Procedure.
Mr. Morgan recommended, unless any Board member sees a need to change the Rules of Procedure, that the Board adopt the current Rules of Procedure.
Mr. Howdyshell moved, seconded by Ms. Sorrells, that the Board adopt the Rules of Procedure.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett and Coleman Nays: None
Absent: Pyles
Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC – NONE
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following:
Mr. Howdyshell:
1. Congratulations to Chairman Shifflett – “I’m sure you’ll do an outstanding job.
You have outstanding goals and goals that we need to address. I think, with your leadership, we’ll get them accomplished.” 2. Congratulations to Vice-Chairman Coleman.
Mr. Coleman: Thank you, Mr. Garber, for your leadership. “We got a lot done, a lot of very important stuff, in terms of our County.” Ms. Sorrells:
1. Thank you, Mr. Garber, for your leadership.
2. Congratulations to Chairman Shifflett. She, as historian, noted that Chairman Shifflett, to her knowledge, is the youngest Chair in the history of Augusta County. “It has been very exciting to watch Jeremy grow into his position on the Board. I don’t think I could have served on the Board of Supervisors when I was in my 20’s. He has done a great job and he deserves the chairmanship. His generation has a technological savvy that is only going to benefit the citizens as far as making us more transparent in our government, having more access by electronic means, and it will make a better government for the citizens to bring that cutting edge technology that some of the rest of us struggle with. ” 3. Riverheads Football Championship – asked that a resolution be prepared for our January 26th meeting.
4. Fairfield Fire and Rescue has provided necessary services to Augusta County for the last 50 years – asked that a letter of appreciation be prepared for Chairman to sign.
Mr. Beyeler:
1. Congratulations to Chairman Shifflett. “We wish you the best and look forward to working with you. You look at this Board and we have a member 27 years old and others who are older. It’s a wide range of people. It’s that range that helps make this Board what it is.” 2. Thank you, Mr. Garber, for the job you did in 2010.
Chairman Shifflett: Thank you to Board “for giving me this opportunity. I look forward to working with you all throughout the year—2011.”
MATTERS TO BE PRESENTED BY STAFF
1. FOIA workshop – excellent program provided by County Attorney.
2. Mill Place Commerce Park – current agreement has been terminated. Not proceeding with formal lease for the next year – will be working with Chairman Shifflett and Supervisor Garber to arrange farming operations this year.
3. Rockingham and Highland Counties – shared with them Augusta County’s opposition relating to expansion of Wilderness areas in George Washington National Forest.
4. Extension Service – Requesting VACo to participate on a committee in the restructuring process.
5. Fire and Rescue tones – reallocated due to new Riverheads station and Preston Yancey acceptance of Rescue function.
6. Fireworks brochure distributed to Board. Is available on the internet.
7. Greenville Sewer – State Water Control Board – $2.5 million at 0% interest.
Still working with State regarding the $250,000 grant (possibly $200,000 vs. $250,000). Federal grant also pending.
8. Riverheads area – $7.6 million for the reconstruction of I-81 (South) between Mile Marker 214 and 217 has been awarded.
9. ACSA – policy amendments (bonding/letters of credit) discussed at last meeting have been resolved.
10. I-64/Exit 91 – good possibility for right-of-way funding; may be construction funding also.
11. HIPPA (Health Insurance Portability and Accountability Act) – Notice of Privacy Practices distributed to the Board.
12. Fire Revolving Loans – possible changes being considered by Board Committee.
13. Recycling revenues – revenues are up!
14. Fire Study – conference call – site visits on February 3rd and 4th with Fire & Rescue agencies by Study Team. Possible public meeting on February 2nd.
15. ACSA Ordinance Review – Source Water will be considered at January 26th meeting 16. Alley Abandonment – Cost for advertisement has increased. Currently charging applicants $100. Actual cost: $385 to $472. It was the consensus of the Board to authorize the County Attorney to review and revise policy.
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 and Coleman Nays: None
Absent: Pyles
Motion carried.
Chairman County Administrator
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