Board Day Meeting

Board Room
600 North Main Street
Woodstock, VA 22664

MINUTES OF MEETING OF

THE BOARD OF SUPERVISORS

May 9, 2017 

A regular meeting of the Board of Supervisors was held at 9:00 a.m. in the Board Meeting Room, 600 North Main Street, Woodstock, Virginia on May 9, 2017.  The following members of the Board of Supervisors were present:  Chairman Conrad A. Helsley, Vice Chairman Richard Walker, Steve Baker, Cindy Bailey, Dick Neese and Marsha Shruntz.  Others present included County Administrator Mary T. Price, Assistant County Administrator Evan Vass, Director of Finance Harrison Nicholson, County Attorney Jason Ham and Deputy Clerk Chris Sherman.

Others in attendance included:  Director of Solid Waste Pat Felling and Facilities Manager Duane Williams.

An invocation was given by Vice Chairman Walker followed by the Pledge of Allegiance.

Vice Chairman Walker made a Motion, seconded by Supervisor Bailey to approve the meeting agenda for May 9, 2017.    The Motion passed by a verbal vote of 6-0 as follows:  Ayes:   Baker, Bailey, Neese, Shruntz, Walker and Helsley.

PUBLIC COMMENTS (On new business agenda items only) – No comments were received.

CONSIDERATION OF CONSENT AGENDA    

            Supervisor Walker made a Motion, seconded by Supervisor Bailey to approve the Consent Agenda.     The Motion passed by a verbal vote of 6-0 as follows:   

Ayes:   Baker, Bailey, Neese, Shruntz, Walker and Helsley. 

  1. Approval of Minutes –April 6, 2017 public hearing; April 13, 2017 public hearing;

and the April 25, 2017 regular meeting.  

  1. Consideration of the reappointment of Bradley Polk to the Shenandoah Valley Partnership.  
  2. Consideration of the reappointment of Barbara Sainz to the Library Board of Trustees.  
  3. Consideration of the reappointment of Raymond Willis to the Library Board of Trustees.  
  4. Consideration of the reappointment of Jamie Tharp to the Lord Fairfax Emergency Medical Services Council.  
  5. Consideration of the reappointment of Nadine Patel to the Tourism Council.  
  6. Consideration of the reappointment of Bill Schumacher to the Tourism Council.
  7. Consideration of the appointment of Amber Dennison to the Tourism Council.

PUBLIC HEARING - No public hearings were scheduled. 

REPORTS/SPECIAL PRESENTATIONS – No reports were scheduled.  

STAFF REPORTS and COMMENTS:   Public Safety Division

  1. General Properties-Duane Williams, Facilities Manager reported that 170 work orders were received and processed during the last quarter and included projects in the Charterhouse School, the North Fork Waste Water Treatment Facility and the Circuit Courthouse.  He also announced due to proven dangers with the refrigerant R22 and the potential damage it causes to the ozone layer when released into the atmosphere, the U.S. Government has placed restrictions on the R22 refrigerant and it will cease production in 2020.     He said the County currently has 152 units and 56 of those units utilize the R22 refrigerant.

Chairman Helsley suggested these replacement costs be included in the next budget cycle and Mr. Williams indicated he is working on a phasing out program to effectively phase out a few at a time, over a period of time.

  1. Solid Waste Management-Pat Felling, Director of Solid Waste Management provided updated information regarding groundwater extracting on landfill property, the relocation and clean up of several compactor sites and recent cost savings created within his department.
  2. Budget and Finance-Harrison Nicholson, Director of Finance asked board members if they had any questions regarding the appropriations in their packets and informed them action to approve them will occur at the May 23 meeting.   He distributed the most recent revenue and expenditure reports and stated the percentages are consistent with last year’s averages.

OLD BUSINESS – No Old Business was scheduled.                                                                                                                                                                                             

NEW BUSINESS                                                                                                      

  1. Consideration to schedule a Rabies Clinic at the Shenandoah County Animal Shelter on October 7, 2017.  

Supervisor Baker made a Motion, seconded by Supervisor Bailey to approve the Rabies Clinic on October 7, 2017.  The Motion was approved by a 6-0 verbal vote as follows:

Ayes:  Baker, Bailey, Neese, Shruntz, Walker and Helsley

PUBLIC COMMENTS ON NON-AGENDA ITEMS (and other matters not previously the subject of a public hearing at this meeting) – No comments were received.

COUNTY ATTORNEY COMMENTS - There were no comments by Mr. Ham.

BOARD MEMBERS COMMENTS

            Chairman Helsley commented about recent criticisms directed at him regarding his recent vote on the budget and explained that his vote was necessary in order to get the budget approved and moving forward.   He went on to share his concern about continuously using the reserve funds to balance the budget and therefore reducing the balance of the reserve fund.  Chairman Helsley spoke about the need for an Economic Development Director but stated that it should be funded by a dedicated source of income from the County and not money that belongs to the Industrial Development Authority.

Supervisor Bailey asked what would have occurred to the budget if the vote had been

3-3 ?

Ms. Price explained that she is not authorized to expend county money without an approved budget.  She said that a majority vote was necessary to appropriate the specific dollars for the FY2018 budget.

Supervisor Bailey questioned why the IDA has not spent some of their money already to improve specific building sites.  She reminded board members that Mr. Poling stated the IDA money could support an Economic Development Director for two years and asked that the Board vote to ask the IDA to support this at the May 23 meeting.

COUNTY ADMINISTRATOR COMMENTS

            Ms. Price thanked Geary Showman for assisting Building Inspection during the absence of a Building Code Official.

OTHER BUSINESS - No other business was discussed. 

CLOSED SESSION

Supervisor Walker made a Motion, seconded by Supervisor Baker to enter into the following Closed Sessions at 9:40 a.m.:

  1. Request to enter into Closed Session in accordance with §2.2-3711 (A) (3) of the state code to discuss the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the county. The subject matter is possible replacement of the St. Luke and Strasburg Convenience Sites.
  2. Request to enter into Closed Session in accordance with §2.2-3711(A) (7) of the state code to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel.  The subject matter is the board chairmanship and related issues.
  3. Request to enter into Closed Session in accordance with §2.2-3711(A) (7) of the state code to consult with legal counsel and briefings by staff members or consultants pertaining to probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel.  The subject matter is a challenge to the recent rezoning performed at the request of the Broadway Group, LLC

The Motion to enter into closed sessions was approved by a verbal vote of 6-0 as follows:   Ayes:   Bailey, Baker, Neese, Shruntz, Walker and Helsley.

       Ms. Price exited the Closed Session and the Board Meeting at 10:15 a.m.  

Supervisor Baker made a Motion, seconded by Supervisor Neese to return to regular session at 11:15 a.m.  The Motion passed by a verbal vote of 6-0 as follows: 

Ayes:  Baker, Shruntz, Neese, Bailey, Walker and Helsley.

Mr. Vass read the certification that all members must certify that to the best of each member’s knowledge (i) only public business matters lawfully exempted from open meeting requirement, under The Virginia Freedom of Information Act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting of the public body.

Members were polled to certify that only those matters identified in the above Code Section was discussed.

Bailey              aye                  Helsley            aye

Baker               aye                   Shruntz            aye

Neese              aye                   Walker             aye

Chairman Helsley commented that a 45 minute conversation regarding the appointed Chairman occurred in closed session today.  He said he would not comment about that discussion.   However he stated that during a previous conversation regarding the chairman appointment which occurred between himself Vice Chairman Walker, Mary Price, Evan Vass and Jason Ham on February 28 2017 prior to that evening’s meeting, there was disagreement between Mr. Ham and Mr. Walker about the legal opinion provided by Mr. Ham concerning the chairmanship issue. Chairman Helsley referred to the typed legal opinion. Chairman Helsley said it became apparent that no agreement could be met at that meeting so he suggested the best way to deal with this issue was to take it to court.   He added that if the courts determine that Mr. Walker is the Chairman, then he (Helsley) would pay out of his pocket for the legal fees and court costs so that no taxpayer money is used for these expenses and if the courts determine that he (Helsley) is the Chairman, then I would expect Mr. Walker to pay for the legal fees and court costs.

Vice Chairman Walker strongly opposed this suggestion and said he had never heard of this before.  He said that the problem is that we have been lied to on several occasions and that is why he requested discussion in Closed Session.

Supervisor Bailey agreed and stated that we have a partisan attorney and called for his resignation.

Vice Chairman Walker disagreed that we have an elected chairman but stated we have an acting Chairman and will continue in this capacity until it is corrected.

Supervisor Bailey took issue with the Attorney’s invoice and unnecessary research and argued that he does not agree with FOIA recommendation preferring to take sides with the old guard and not the new stating this is my argument for his dismissal.

With no further business to come before the Board, the meeting was adjourned at 11:21 a.m.

****

________________________

Conrad A. Helsley, Chairman

ATTEST:  __________________________

Mary T. Price, Clerk of the Board