Minutes Page County Board of Supervisors Regular Meeting July 19 2011

Members Present Johnny Woodward Chairman At Large Larry Sours District 2 J D Cave District 3 Darrell Short District 4 Jeff Vaughan District 5

Members Absent Robert Griffith District 1

Staff Present Amity Moler Acting County Administrator Nathan Miller County Attorney Regina Miller Executive Secretary

Media Others Present Dr Randall Thomas School Division Superintendent John Thomas Sheriff Jackie SullivanSmoot School Board Member 35 Citizens Page County High School Baseball Team Coaches

Call to Order Chairman Johnny Woodward called to order the regular meeting of the Page County Board of Supervisors on July 19 2011 at 704 pm at the Shenandoah Elementary School noting a quorum was present The Call to Order was followed by a Moment of Silence and the Pledge of Allegiance

Adoption of the Agenda Several matters were added to the agenda First Right of Refusal on Property Adjacent to the Stanley Landfill and Discussion on Moyers Welding Shop both under New Business Also a Closed Session was added at the end

Motion Supervisor Sours moved to approve the agenda as amended Supervisor Short seconded and the motion carried by a vote of 50 Aye Sours Cave Short Vaughan Woodward

Resolution Recognizing the Page County High School Boys Baseball Team The Board commended the Page County High School Boys Baseball Team and coaches for their outstanding accomplishment and success during the 2011 season They all expressed that they were proud of them for their hard work

Mrs Moler then read the Resolution As part of the recognition ceremony Dr Randy Thomas School Division Superintendent School Board Chairman Morgan Phenix and Minutes July 19 2011 Board of Supervisors

Board Chairman Johnny Woodward presented Certificates and Resolutions to each player and coach

Dr Thomas stated the team is State champions and they are great ball players He said these kids have a lot of character and are going to be successful in life

Motion Supervisor Cave moved to approve Resolution 11 30 Commending the Page County High School Boys Varsity Baseball Team Supervisor Sours seconded and the motion carried by a vote of 50 Aye Cave Short Vaughan Sours Woodward

11 30 RESOLUTION PAGE COUNTY BOARD OF SUPERVISORS

Commending the Page County High School Boys Varsity Baseball Team

WHEREAS the Page County High School Boys Varsity Baseball Team are the 2011 Group A Division 1 Champions of the Virginia High School League and

WHEREAS the Teams success is attributed to the leadership of Coach Jimmy 0 Burke Assistant Coaches Wayne Comer Skip Dofflemyer and Charlie Jarvis and the hard work and talent of an outstanding team comprised of Elliott Good Kenny Deavers Tyler Jenkins Tanner Dofflemyer Austin Gum Tyler Turner Dakota Hensley Kol Shuler Justin Garrison Timmy Cave Patrick Cubbage Ty Comer Michael Foltz Channin Seal Ryan Baker and Quentin Comer and the loyal support of the parents students and faculty of Page County High School

NOW THEREFORE BE IT RESOLVED by the Page County Board of Supervisors that this Resolution is hereby adopted for presentation to Coach Jimmy Burke and team members as an expression of pride and support for their exceptional performance during the 2011 baseball season

Public Comments on Agenda Items Floyd Maxey asked if the School Board budget change is a carryover of funds from last year or a request for additional funding Mrs Moler replied it is a carryover from last year

ACTION MATTERS School Board Resolution for Capital ReplacementImprovements Arbitrage Funds Dr Thomas indicated the School Board is requesting 127541 to be paid from the arbitrage funds for four projects The projects are 1 water softner replacement at Page

2 Minutes July 19 2011 Board of Supervisors

County Middle School 13896 2 softball field backstop fencing at Luray High School 7600 3 grinder pumps at Page County High SchoolPage County Middle School Athletic Field House 18880 and 4 project monitoring services 2300 asbestos abatement 12885 boiler replacement 71980 all at Luray Middle School

Motion Supervisor Sours moved to approve the School Boards request for the capital replacement items from arbitrage funds totaling 127541 Supervisor Short seconded and the motion carried by a vote of 50 Aye Short Vaughan Sours Cave Woodward

Animal Shelter Cat Adoptions Mrs Moler reviewed that Jami Buracker Animal Shelter Manager is requesting that the Board approve reducing the cat adoption fee from 4000 to 2000 for the period of July 27 August 13 2011 in hopes of adopting out more cats The shelter has been adopting out approximately 23 cats per month Last week 55 cats had to be euthanized within two days

Motion Supervisor Sours moved to adopt the lower cat adoption fee from 4000 to 2000 for the time period of July 27 August 13 2011 Supervisor Cave seconded and the motion carried by a vote of 50 Aye Vaughan Sours Cave Short Woodward

RFP Network Extension Link Mr Patrick Embry Valley Automation noted the purpose of this RFP is for the move of the County Administration Offices to the VDOT Virginia Department of Transportation office building and the need for an internet connection at the site suitable to handle the date and telephones that connect to the current system In response to the Request for Proposals RFP three proposals were received they were from Comcast Century Link and High Speed Link All three he said submitted good proposals but with differences in the price Century Links price is 119000 per month Comcast is 186000 and High Speed Link at 25000 with a 50000 installation fee He recommended the Board proceed with the proposal from High Speed Link if after testing it can handle the requirement for the data and telephones He noted he would like to start working on this soon as possible to test it before the offices move to the VDOT building County Offices are currently wired with a fiber running across the street from the Courthouse to the Administration Building and from there to the Old SchoolCounty Office Building If any part of the fiber would break connectivity would be lost

High Speed Link does not require a length of term on the contract The installation fee will pay for the parts upfront Century Link would require a five year agreement He felt that there are a lot of pros with High Speed Link

Supervisor Cave noted that he is familiar with High Speed Link and he plans to abstain from the vote because he has a business relationship with the company The company currently rents space from him in Harrisonburg He said he does business with them and they are top quality

3 Minutes July 19 2011 Board of Supervisors

Motion Supervisor Vaughan moved to support Mr Embrys recommendation of using High Speed Link Supervisor Sours seconded and the motion carried by a vote of 40 with 1 abstention Aye Sours Short Vaughan Woodward Abstain Cave

Social Media Policy Revision Mrs Moler explained that Mr Belton previously presented the social media policy to the Board The Board wanted it revised so that employees could not access their personal social media account while at work The policy was revised to read Use of an employees personal social media account at work is strictly prohibited She pointed out that the Countys EMS Office and Animal Shelter both have Facebook pages The animal shelter is linked with other shelters for advertisement for animals The EMS also advertises for training opportunities and emergencies

Motion Supervisor Vaughan moved to approve the social media policy as written and presented Supervisor Short seconded and the motion carried by a vote of 50 Aye Cave Short Vaughan Sours Woodward

Northwestern Community Services FY 2012 Performance Contract Mrs Moler reviewed that the Northwestern Community Services Board performance contract is an annual contract It is to let the Board know the federal state and local funds that they will receive for fiscal year 2012 They have included Page Countys contribution in the amount of 7110000 which is the correct amount included in the County budget She requested the Board approve the contract

Motion Supervisor Sours moved to approve the Northwestern Community Services Board fiscal year 2012 performance contract Supervisor Short seconded and the motion carried by a vote of 50 Aye Short Vaughan Sours Cave Woodward

Budget Changes Mrs Moler reviewed the budget changes with the Board

Motion Supervisor Short moved to budget and appropriate the requested amounts as detailed in the agenda Supervisor Vaughan seconded and the motion carried by a vote of 50 Aye Vaughan Sours Cave Short Woodward

Supplemental Appropriations Approved Department Description Revenue Source Expenditure Amount Crime Prevention Additional Fees Client Crime Prevention 75 Maintenance Fees Page County Carryover Funds Additional School School Food 155425 Schools Food Revenue Registrar FY 2011 Fund Balance Registrar 9239 Redistricting Funds Total 164739

4 Minutes July 19 2011 Board of Supervisors

Boards and Commission Appointments Mrs Regina Miller Executive Secretary reviewed the Board and Commission appointments with the Board

Shenandoah Valley Workforce Investment Board The term of Darlene Anderson has expired as Page Countys private sector Workforce Investment Board member Ms Anderson has indicated a desire to remain on the Board for another term and the Workforce Investment Board has recommended her for reappointment The Supervisors will need to make a nomination to the Governor who will make the official appointment

Motion Supervisor Sours moved to nominate Darlene Anderson for reappointment to the Shenandoah Valley Workforce Investment Board Supervisor Cave seconded and the motion carried by a vote of 50 Aye Sours Cave Short Vaughan Woodward

Economic Development Authority The District 1 4 AtLarge and Town of Stanley seats are vacant on the EDA

Appointments were deferred until the August 2 work session

CONSENT AGENDA Supervisor Vaughan indicated that on page 3 of the revenue report under the Ambulance and Rescue Service line item the current estimate column is 7500 and the current actual column is 4298382 with the current percent of revenue at 573 In the yeartodate column the estimate is 9000000 the actual is 47865258 with the percent of revenue at 532 His asked why is the estimate so far off from the actual number Mrs Moler explained that when the budget was put together last year the revenue estimate given to the Finance Department by the EMS Director was only 9000000 and more revenue was actually received than that amount Supervisor Vaughan stated that this is a big difference and he wondered how it would be estimated in the upcoming budget Mrs Moler said she adjusted the revenue in the budget to reflect the actual amount He then noted that there was 61000 spent for tshirts at the Animal Shelter and he asked what that was for Mrs Moler replied that it has been approved for the shelter employees to get uniforms shirts or scrub tops to wear at the shelter

Motion Supervisor Vaughan moved to approve the consent agenda as follows

Financial reports for the period of June 1 2011 through June 30 2011 Accounts payable checks payroll checks payroll direct deposits and payroll tax related electronic fund transfers totaling 150414817 Minutes of June 7 2011 June 20 2011 and June 21 2011

Supervisor Short seconded and the motion carried by a vote of 50 Aye Cave Short Vaughan Sours Woodward

5 Minutes July 19 2011 Board of Supervisors

OLD BUSINESS State Reduction in Aid to Local Government Mrs Moler indicated that for the fourth year in a row the State has reduced the aid to localities and Page Countys share of that cut is 22175900 The past three years the County cut the State a check for our portion of the reduction She noted that a letter was received from the Virginia Association of Counties VACO and the Virginia Municipal League VML urging the counties not to do that anymore but instead make the State decide what programs to cut thus placing the administrative burden on the State where it belongs Included with their letter was a resolution in support of restoring state funding for aid to localities urging localities to adopt it She outlined that it was announced earlier in the day where the State had a 311 million surplus from their fiscal year 2011 budget and perhaps the State could use this to offset the reductions The Boards letter opposing the reductions was sent to the Governor and the legislators but a response from them has not been received She indicated that the County has to inform the State by August 30 2011 whether or not the County will send a check or if the choice is to withdraw the Countys portion

Supervisor Vaughan felt that the Board should wait until a response is received from the Governor and the legislators before making a decision

Sheriff John Thomas stated that he sent Senator Obenshain and Delegate Gilbert a letter informing them that while the state looks good because they balanced their budget it was done so on the backs of the localities making the counties look terrible because they are the ones who have to end up increasing taxes to make up for their reductions He said that he agrees with the stance the Board is taking however he is losing two positions as a result of the reductions

The consensus of the Board was to delay a decision on this matter until a response is received from the State as a result of the Countys letter

NEW BUSINESS First Right of Refusal on Property Adjacent to the Stanley Landfill Supervisor Short mentioned that the County received a letter from Attorney Mark Reed of Reed Reed who is a Trustee to a Deed of Trust on property the bank has taken back and the County had been granted the right of first refusal to purchase the property as part of the Stanley Landfill lawsuit settlement in 2002 The auction date of the property is scheduled for July 29 2011 and the County has five days to exercise the right of refusal He wanted to know if that property was contaminated by the Stanley Landfill He did not want to see the County get into a situation where property is contaminated by the Stanley Landfill a person buys the property and they says the property is contaminated and sues the County Mr Nathan Miller Attorney replied the collective memory is vague on what happened in 2002 He recalled that there was some concern about being able to develop a buffer around the landfill The consensus at that time was to have a first right of refusal in case the Board decided to have a buffer zone He did not know if there was currently a need for such a buffer He spoke with

6 Minutes July 19 2011 Board of Supervisors

Lynda Minke Solid Waste Facilities Manager and she indicated that there may be grant money available to address the issue if the Board decided it is worth pursuing He did not know if there is any underground pollution The Boards earlier decision was to protect itself by having the opportunity to buy it if they needed it Supervisor Short stated he would investigate the matter further and report his findings to Mrs Moler who will give a full report to the Board

Discussion Regarding Movers Special Use Permit Request Supervisor Sours indicated that Mr Kevin Moyer currently has a special use permit request for a welding shop before the Planning Commission and the Commission has scheduled a site visit The property is known as the canning factory in Stonyman The property is at the fork of the Hawksbill Creek and of all the floods through the years the building has never washed away He said that there is a need in the community for someone to work on the farmers equipment and encouraged everyone to think what is best for the County with regard to this business He said the Health Department has approved their permit for the business but the permit process for this business has been slow

Supervisor Vaughan indicated that the economic development committee met with representatives from VDOT Health Department Building and Zoning and the Commissioner of the Revenues Office This committee is trying to understand the process that businesses go through They are trying implement a system that measures how long it takes a prospective business to go through the permitting and license process to be in business Once the committee gathers all the information it will be reported back to the Board

Open Public Comments Floyd Maxey Mr Maxey commented that he asked Mr Belton in a previous email if the County would consider posting the Boards recorded meeting sessions on the website in either a podcast or a MP3 format He noted that there are citizens that cannot participate in the meetings due to physical restrictions specifically the elderly and handicapped There are some situations in life that prevent citizens from attending the meetings as they are scheduled Publishing the meetings online would solve the physical access problems and would provide greater transparency to the citizens Secondly Mr Maxey addressed the Board concerning County taxes and the recent tax increase of 33 The Board has the interest of the taxpayers to represent It is only fair that the Board not come back to the taxpayer next year but that they go to Page Countys employees and prorate a cut of at least 21 before approaching the taxpayer again for another tax increase

Brenda Baugher Mrs Baugher indicated that Mr Jeff Vaughan stated earlier during the Board of Zoning Appeals meeting that his racetrack is monitored 247 She noted that in an email to Mrs Michelle Somers Zoning Administrator she asked for the July 14 2011 noise monitor readings from the speedway and Mrs Somers informed her that the monitors

7 Minutes July 19 2011 Board of Supervisors are not operating 247 She asked for clarification on this issue Since Shenandoah Speedways Special Use Permit states that the sound monitors can be at the property line or beyond she requested that a monitor be placed in Shipwreck Farms

Roy Baugher Mr Baugher noted that the Board of Zoning Appeals tabled action on Shenandoah Speedways appeal of their first violation Two reasons given by the Chairman was to wait and see what the Board of Supervisors do and to allow them to visit onsite in Rinacas Corner and Shipwreck Farms during a race event The ordinance in effect on that date which the violation was issued is what needs to be ruled on not what is determined between now and thirty one days later He felt a vote should have been taken yea or nay on the appeal He was told by neighbors that the race on Saturday was intolerable He urged the Board not to allow any increase in noise level at Shenandoah Speedway and to adhere to the 80 decibel limit for a motorsports park as stated in the County ordinance

Tom Ford Mr Ford indicated he has served his country in uniform He also worked 32 years with Fairfax County In that position he worked with developers builders home owners attorneys and elected officials He feels he has qualifications for serving on the Economic Development Authority

SUPERVISORS TIME Supervisor Sours thanked everyone for coming and taking part in the County government

Supervisor Cave noted it is always a pleasure to come to Shenandoah He expressed appreciation to everyone for coming to the meeting and for their participation

Supervisor Short thanked everyone for coming out and stated it is a pleasure to serve

Supervisor Vaughan thanked everyone attending the meeting in Shenandoah He informed that KVK Precision Specialties is going to have a 21000 square foot addition and when they break ground he wants the Board of Supervisors to attend As a result of the addition he will be hiring 20 new employees Construction will begin in the next couple weeks with completion expected the end of winter or first of spring He indicated that KVK Precision also has another location that will open this year in Roanoke Virginia There are some good things happening in Shenandoah with regard to job creation and this year there have been 26 new employees hired in Shenandoah He expressed that he is proud to be on the Board and serve the community and is also proud to be able to create jobs

Chairman Woodward commented that it is a privilege to serve Page County and the citizens He thanked everyone for attending the meeting and participating

8 Minutes July 19 2011 Board of Supervisors

Closed Session 859 pm Motion Supervisor Sours moved that the Page County Board of Supervisors convene in closed session under the Virginia Freedom of Information Act FOIA to discuss personnel matters relating to the performance and discipline of an employee pursuant to the personnel matters exemption at Section 23711A1 of the Code of Virginia and to consult with legal counsel for legal advice regarding Shenandoah Speedway pursuant to the legal matters exemption at Section 23711A7 of the Code of Virginia Supervisor Short seconded and the motion carried by a vote of 50 Aye Short Vaughan Sours Cave Woodward

Chairman Woodward indicated that Supervisor Vaughan will participate in the first part of the closed session regarding personnel matters He noted that he will not be involved during the session for discussion regarding Shenandoah Speedway because of a conflict of interest since he is the owner

Exit Closed Session 1005 Motion Supervisor Sours moved the closed meeting be adjourned and the Page County Board of Supervisors reconvene in open session Supervisor Short seconded and the motion carried by a vote of 40 Aye Sours Cave Short Woodward Absent Vaughan

Certification of Closed Meeting To the best of my knowledge i only public business matters lawfully exempted from open meeting requirements under Section 23711A of the Code of Virginia 1950 as amended and ii only such public business matters as identified in the motion by which the closed meeting was convened were heard discussed or considered in the meeting

Roll Call Vote Aye Nay Absent Abstain Robert Griffith X Larry Sours X J D Cave X Darrell Short X Jeff Vaughan X Johnny Woodward X

There was no action as a result of Closed Session

Adjourn 10 pm With no further business Chairman Woodward adjourned the meeting

C airmanikiAltate A 47 County Adniinistrator

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