600 North Main Street
Woodstock, VA 22664
MINUTES OF MEETING OF
THE BOARD OF SUPERVISORS
August 2, 2018
A regular meeting of the Board of Supervisors was held at 4:00 p.m. in the Board Meeting Room, 600 North Main Street, Woodstock, Virginia on August 2, 2018. The following members of the Board of Supervisors were present: Chairman Conrad A. Helsley, Vice Chairman Dick Neese, Steve Baker, Richard Walker, Karl Roulston and Dennis Morris. Others present included County Administrator Mary T. Price, Assistant County Administrator Evan Vass, Deputy Clerk Chris Sherman and County Attorney Jason Ham.
Invocation was provided by Father Michael Dobbins of St John Bosco Catholic Church followed by the Pledge of Allegiance. Father Dobbins also recognized a student from Central High School named Noah Leypoldt, who is visually handicapped for his creation of a jurisdiction “ShenanNoah” within the minecraft video game platform. He presented Noah with a certificate of recognition on behalf of Supervisors Walker and Roulston.
Supervisor Neese made a Motion, seconded by Supervisor Baker to approve the August 2, 2018 regular meeting agenda by removing the May 22 minutes from the consent agenda. The Motion to approve the agenda as amended was approved by a vote of 6-0 as follows: Ayes: Baker, Walker, Roulston, Morris, Neese and Helsley.
CONSIDERATION OF NON-ACTION ITEMS
1. Solid Waste Management Updates
Mr. Pat Felling, Director of Solid Waste Management presented updates regarding construction projects including the new convenience site, repair of a stormwater culvert and the new phase 4 landfill cell. Mr. Felling also addressed the development of the Powhatan Road citizen convenience site and noted his plans to seek bids for the project. Discussion ensued concerning whether the Board would need to authorize the bidding documents and specs.
2. Emergency Communications Center Radio Upgrade
Mr. Mike Milas, Project Manager for Mission Critical Partners presented an overview of the future upgrades for the Emergency Communications Center Radio System. He provided a map of radio tower sites, reported several deficiencies in the current system and presented a projected budget cost of $10.7 million that would take approximately 20 months to complete once the work begins.
Supervisor Roulston commented that this system includes much more than simple radios because it addresses an entire network of public safety users in Shenandoah County, upgraded fiber optic connections, installing larger radio towers, purchasing new transmitters and many other associated items.
3. Review of 4th Quarter Final Fiscal Year 2018 Re-appropriations.
Ms. Price said these re-appropriations are for the final quarter of FY2018. She said a new procedure is in the works for removing some of them that are not necessary to show as re-appropriations.
PUBLIC COMMENTS (other than matters previously the subject of a public hearing)
Stephen Curtis of Edinburg congratulated North Fork Middle School for their full accreditation designation. He said this is evidence accreditation does not depend on funding because it predated increases in funding for the school system included in the most recent budget adoption.. He asked the board to hold the schools accountable for created positions that cost excessive amounts of money.
CONSIDERATION OF CONSENT AGENDA
Supervisor Neese made a Motion, seconded by Supervisor Baker to approve the consent agenda by removing the May 22, 2018 minutes. The Motion passed by a vote of 6-0 as follows: Ayes: Baker, Roulston, Walker, Morris, Neese and Helsley.
1. Approval of minutes – June 7, 2018 and June 26, 2018 regular meetings.
PUBLIC HEARING(S) – No public hearings were scheduled.
SPECIAL PRESENTATIONS – No special presentations were scheduled.
OLD BUSINESS – No old business was scheduled.
PLANNING COMMISSION ITEMS – No PC items were scheduled.
1. Discussion regarding a Mutual Aid Agreement related to law enforcement between the County and Towns in the County.
Ms. Price said this agreement includes all towns in the County and has not been reviewed since 2009, therefore most of the changes are basic housekeeping items.
Jason Ham, County Attorney explained this agreement will remove any reference to the previous jail.
Sheriff Carter agreed that it needed a few revisions and serves us best to have it in writing.
Chairman Helsley said action would occur at the August 28 meeting.
2. Discussion regarding a Joint Procurement Agreement with the Northern Shenandoah Valley Regional Commission.
Ms. Price explained that this joint agreement would allow the County to take advantage of savings in staff time, attorney fees, advertising costs for proposals and time spent interviewing firms. She said there would be a 5% administrative fee not to exceed $2500.
Mr. Vass stated that the County is not obligated to use the vendors posted on the attached list.
Supervisor Walker asked if the County would be charged a fee if we choose to use a vendor not on this list even though we signed the agreement and Ms. Price said no.
Action on the agreement is expected at the August 28 meeting.
3. Discussion regarding a request to join a Class Action suit related to Payment in Lieu of Taxes Act.
Jason Ham, County Attorney explained that this is an opportunity to join in a federal lawsuit related to a lack of federal funding paid to localities related to the PILT act. He said this is the most efficient way to receive the money since they will be paying all costs.
Supervisor Walker asked if he knows how much the County was short changed and Mr. Ham stated not at this time however he added that nobody received full funding.
Ms. Price stated that this lawsuit applies to FY 2015, 2016, 2017 explaining further that in FY2018 Shenandoah County did receive the correct PILT payment of $202,133.
Action regarding participating in the lawsuit is expected on August 28.
4. Discussion regarding the Northwestern Community Services Board FY2019 Performance Contract.
Ms. Price said the annual amount budgeted for FY2019 is $246,662.
Chairman Helsley said action would occur at the August 28, 2018 meeting.
5. Discussion regarding a retainer agreement related to Opioid litigation.
Mr. Ham, County Attorney explained this agreement is different than the class action suit and includes 18 other localities being represented by 3 Law Firms. He said that he met with the attorneys and sees them as very qualified to investigate the recovery of costs associated with the Opioid epidemic. Mr. Ham recommended the County join in with this retainer agreement with the understanding that the county is liable for its share of attorney fees and other legal expense at a pro rata share between the other localities.
Action is expected at the August 28 meeting.
COUNTY ATTORNEY COMMENTS – There were no comments made by Mr. Ham.
BOARD MEMBER COMMENTS
Supervisor Morris said that Tom Stevens, Chief Ranger of the Seven Bends State Park has invited Board Members to the park for a Tour. He will be in contact with Administration staff to get this scheduled.
Supervisor Baker announced a 2nd Place Finish in the Nation for a Triplett Tech Graduate in the Electrical Field and asked the board to recognize him at their next meeting.
Supervisor Morris announced that a Strasburg High School student was elected as State FFA Vice President and asked the board to recognize him at their next meeting.
Supervisor Walker commended Noah Leypolt for his achievement with the Minecraft video game while facing visual disabilities. He said that Noah was a student at the Virginia School for the Deaf and Blind and is now preparing to be mainstreamed into the county school system.
Chairman Helsley reported additional revenue in the amount of $367,000 to the RSW Regional Jail since agreeing to accept other inmates from Prince William, Page and Culpeper Counties. He also requested a tour of the newly acquired property in Mt Jackson on Tisinger Road.
COUNTY ADMINISTRATOR COMMENTS
Evan Vass stated that interviews have been scheduled for next Tuesday for the Director of Finance position.
OTHER BUSINESS - No other business was discussed.
RECESS – Chairman Helsley requested a 5 minute recess at 5:38 p.m.
The Board reconvened into regular session at 5:44 p.m.
Supervisor Neese made a Motion, seconded by Supervisor Baker to enter into the following Closed Sessions at 5:45 p.m:
1. Request to enter into Closed Session in accordance with Section 2.2-3711 (A)(7) of the State code to consult with legal counsel and receive briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the County's negotiating or litigating posture, and request to enter into Closed Session in accordance with Section 2.2-3711 (A)(8) to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. The subject matter of the meeting is Brice vs. Shenandoah.
Others invited to attend this closed session included Attorney Mike Lockabe, Mary Price and Evan Vass.
2. Request to enter into Closed Session in accordance with Section 2.2-3711 (A) (1) of the state code to discuss the performance and employment of specific County personnel.
Mike Lockabe, Evan Vass and Mary Price left this closed session.
The Motion passed by a vote of 6-0 as follows:
Ayes: Baker, Morris, Roulston, Walker, Neese and Helsley.
Supervisor Morris made a Motion, seconded by Supervisor Baker to return to regular session at 6:40p.m. The Motion passed by a vote of 6-0 as follows:
Ayes: Baker, Morris, Roulston, Walker, Neese 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 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.
Baker aye Roulston aye
Walker aye Morris aye
Neese aye Helsley aye
With no further business to come before the Board, the meeting was adjourned at 6:41p.m.
Conrad A. Helsley, Chairman
Mary T. Price, Clerk of the Board