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Home My WebLink About001-08\II Cr , BOARD OF SUPERVISORS RESOLUTION AUTHORIZING AMENDMENTS TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION CHARTER WHEREAS, the Northern Shenandoah Valley Regional Commission seeks to maintain an active Commission membership while ensuring broad regional participation; and WHEREAS, the Northern Shenandoah Valley Regional Commission further seeks to increase efficiencies in the Commission's governance structure; and WHEREAS, recommendations have been presented to the Northern Shenandoah Valley Regional Commission's member jurisdictions to amend the Commission's Charter; and WHEREAS, these amendments would reduce the overall number of Commission voting representatives from thirty -four to twenty- three; and WHEREAS, these amendments would transfer decision making functions from the Executive Committee to the Full Commission; and WHEREAS, these amendments would enable each jurisdiction to appoint an alternate voting representative. NOW, THEREFORE, BE IT RESOLVED, that Frederick County, Virginia, as a member jurisdiction of the Northern Shenandoah Valley Regional Commission, hereby supports the proposed amendments to the Commission's Charter to ensure broad regional participation and increase efficiencies in the Commission's governance structure. ADOPTED, this 23r day of July, 2008. Upon motion made by sill M. Ewing and seconded by Gary W. Dove the above resolution was approved by the following recorded vote: Resolution - Authorizing Amendments to the Northern Shenandoah Valley Regional Commission Charter Board of Supervisors Meeting of July 23, 2008 Page 2 Richard C. Shickle Aye Gene E. Fisher Ave Bill M. Ewing Aye Philip A. Lemieux Aye Gary W. Dove A y e Charles S. DeHaven, Jr. Aye Gary A. Lofton Aye A COPY TESTE: l John( iley, Jr. Clergy; Board of Supervisors RESOLUTION NO.: 001 -08 C: \TJP\resolutions\NS VRCCharterAmendments(072308).wpd COUNTY of FREDERICK John R. Riley, Jr. County Administrator July 25, 2008 540/665 -5666 Fax 540/667 -0370 E -mail: jriley@co.frederick.va.us Christopher M. Price, AICP Executive Director Northern Shenandoah Valley Regional Commission 103 East Sixth Street Front Royal, VA 22630 Dear Mr. Price: The Frederick County Board of Supervisors, at their meeting in regular session on July 23, 2008, approved the Resolution Authorizing Amendments to the Northern Shenandoah Valley Regional Commission Charter as requested in your correspondence dated June 23, 2008. Supervisors Richard C. Shickle and Charles S. DeHaven, Jr. will remain as the two elected officials. Mr. Shickle's term will expire December 31, 2011 and Mr. DeHaven's term will expire December 31, 2009. Planning Director Eric R. Lawrence and myself will remain as the two non- elected members. Our current terms expire September 30, 2009 and January 1, 2009. Assistant County Administrator Kris C. Tierney will serve as the alternate. Should you have any questions, please do not hesitate to contact me. With kindest regards, I am County Administrator J RR /tjp Enclosure cc: Kris C. Tierney, Assistant County Administrator Eric R. Lawrence, AICP, Director of Planning & Development Board of Supervisors C: \ TJP \mmshenvlyregcom\LetPrice(Commi ssionCharterAmendmntsReslutn &Appointmnts )072308BdMtg. wpd 107 North Kent Street • Winchester, Virginia 22601 - N s c::' VORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION OFFICERS Dennis Morris Chairman John R Riley Vice Chairman John E. Vance Treasurer Charles R Johnston Secretary Christopher Price Executive Director COMMISSIONERS July, 2007 'Executive Committee CLARK COUNTY Barbara J. Byrd *Charles R Johnston John R Staelin FREDERICK COUNTY Charles S. DeHaven, Jr. Eric R. Lawrence *John R. Riley Richard C. Shickle Kris C. Tierney PAGE COUNTY *Nora Belle Comer John T. Rust Carol L. Fischer - Strickler SHENANDOAH COUNTY Jeff C. Aimonetti Lilley J.. Fleming *Dennis M. Moms Tim C. Patrick WARREN COUNTY Donald G. Mutersbaugh, Sr. Ron L. Llewellyn *John E. Vance FRONT ROYAL Bret W. Hrbek Mayor James M. Eastbam *Carson C. Lauder LURAY Richard M. Black *Earl L. Racer MIDDLETOWN *Donald E. Breeden STRASBURG Mayor Timothy S. Crisman *Leon P. Smith 103 East 6th Street Front Royal, Virginia 22630 Phone: 540.636.8800 Fax: 540.635.4147 E -mail: nsvrc @shentel.net Re: Amendments to Commission Charter In April, the NSVRC forwarded proposed amendments to the Commission's Charter for your review and comment. The effects of implementing these recommendations would be to transfer decision making functions from the Executive Committee to the full Commission, reduce the overall number of Commission voting representatives (from 34 to 23), and enable each jurisdiction to appoint an alternate voting representative. In response to comments received, the draft Charter has been further amended to note that appointments to the Commission by each jurisdiction shall be made pursuant to the Charter and in accordance with the practices of each governing body. The Commission's Charter may only be amended by concurring resolutions from a majority of the member jurisdictions. As such, I request that you adopt the proposed Charter amendment through the enclosed resolution, and make appointments to the Commission in accordance with the enclosed chart, by August 15, 2008 so that we may reconvene the full Commission on August 21'. Please contact me if you have any questions or if you would like additional information. I am available to discuss this issue with you and your governing body at your request. Thank you for your consideration. CMP Enclosures STEPHENS CITY *Mayor Ray E. Ewing WINCHESTER *Evan R Clark Art H. Major Timothy A Youmans To: NSVRC Member Jurisdictions _ From: Christopher M. Price, Executive Director 1 .� Date: June 23, 2008 Re: Amendments to Commission Charter In April, the NSVRC forwarded proposed amendments to the Commission's Charter for your review and comment. The effects of implementing these recommendations would be to transfer decision making functions from the Executive Committee to the full Commission, reduce the overall number of Commission voting representatives (from 34 to 23), and enable each jurisdiction to appoint an alternate voting representative. In response to comments received, the draft Charter has been further amended to note that appointments to the Commission by each jurisdiction shall be made pursuant to the Charter and in accordance with the practices of each governing body. The Commission's Charter may only be amended by concurring resolutions from a majority of the member jurisdictions. As such, I request that you adopt the proposed Charter amendment through the enclosed resolution, and make appointments to the Commission in accordance with the enclosed chart, by August 15, 2008 so that we may reconvene the full Commission on August 21'. Please contact me if you have any questions or if you would like additional information. I am available to discuss this issue with you and your governing body at your request. Thank you for your consideration. CMP Enclosures STEPHENS CITY *Mayor Ray E. Ewing WINCHESTER *Evan R Clark Art H. Major Timothy A Youmans New Voting Structure per Charter Amendment Following adoption of the proposed charter amendments, please appoint your jurisdiction's voting members as outlined on the chart below: Jurisdiction Voting Members Distribution Frederick County 4 2 elected, 2 non - elected Shenandoah County 3 2 elected, 1 non - elected Winchester City 3 2 elected, 1 non - elected Warren County 3 2 elected, 1 non - elected Page County 2 1 elected, 1 non - elected Clarke County 2 1 elected, 1 non - elected Town of Front Royal 2 1 elected, 1 non - elected Town of Strasburg 1 1 elected Town of Luray 1 1 elected Town of Stephens City 1 1 elected Town of Middletown 1 1 elected The NSVRC further requests that each jurisdiction appoint an alternate (either elected or non - elected) voting representative to serve in the absence of a duly appointed voting representative in order to ensure the ability to conduct business and to maintain broad regional participation. Thank you for your consideration. CHARTER AGREEMENT OF THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION Adopted: May 10, 1970 Adopted: June 9, 1983 'Adopted: May 17, 2001 Proposed Amendments: June 23, 2008 CHARTER AGREEMENT OF THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION This Charter Agreement to organize a Planning District Commission made this 10"' day of May 1970, by and between the undersigned governmental sub - divisions as authorized by the Virginia Area Development Act (Title 15. 1, Chapter 34, Sections 15.1 -1400, et seq., Code of Virginia (1950), as amended): NOW THEREFORE it is agreed that: ARTICLE I Name, Location, Authority, Purpose Section 1. The name of this organization shall be the Northern Shenandoah Valley Regional Commission, hereinafter called the "COMMISSION." Section 2. The principal office of the COMMISSION shall be in Front Royal, Virginia. The location of the principal office may be changed by the concurrence of 3 /4ths of the COMMISSION members present at a regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting. Section 3. The COMMISSION shall be a public body corporate and politic with all powers and duties granted to it by the Virginia Area Development Act. Section 4. The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social, and economic elements of the Planning District by planning and encouraging and assisting governmental subdivisions to plan for the future. ARTICLE II Membership Section 1. COMMISSION members shall be appointed by the respective governing bodies of those political subdivisions which are parties of the Charter Agreement provided, however, that at least a majority, but not substantially more than a majority, of the COMMISSION'S members shall be elected officials of the governing bodies of the governmental subdivisions within the Planning District with each participating county, city, and town having at least one representative, and the other members being qualified voters and residents of the District, who hold no office elected by the people. Section 2. Governmental subdivisions which are parties to this Charter Agreements shall appoint members to the COMMISSION on the following basis: Number and Type of Representative Population Elected Representative Non - Elected Representative 1- 6,999 1 0 7,000 - 19,999 1 1 20,000 - 39,999 2 1 40,000 - 59,999 2 2 For each 20,000 increment of population in excess of 60,000, a member governmental subdivision shall appoint one additional representative, alternating its appointments between elected and non - elected representatives, to assure that a majority of the COMMISSION'S representatives shall be elected officials. 2 Section 3. Vacancies on the COMMISSION shall be filled for the unexpired term in the same manner as the original appointment was made or according to the practices of the appointing governing body. Section 4. Any member of the COMMISSION shall be eligible for reappointment but may be removed for cause by the governing body which appointed him. Section 5. Each member jurisdiction shall appoint an alternate voting representative to serve in the absence of that jurisdiction's duly appointed voting representative. This alternate may be an elected or non - elected representative. ARTICLE III Terms of Office and Voting Rights Section 1. The terms of office of COMMISSION members who are also members of governing bodies shall be coincident with their elected terms of office or such term as their governing bodies shall determine according to their practices. The terms of office of the citizen members shall be three years or such term as their governing bodies shall determine according to their practices. Section 2. East member of the COMMISSION shall have one equal vote in all matters before the COMMISSION. ARTICLE IV Officers Section 1. Officers of the COMMISSION shall consist of a Chairman and a Vice - Chairman who shall be elected by the membership of the COMMISSION. The COMMISSION may elect other officers as it deems necessary. Section 2. The Chairman and Vice - Chairman shall be elected for terms of one year or until their successors are elected. Section 3. COMMISSION officers shall be eligible for reelection. Section 4. The COMMISSION shall appoint an Executive Director who shall be an employee of the COMMISSION and shall serve at the pleasure of a majority of the membership. ARTICLE V Addition or Withdrawal of Members Section 1. Any governmental subdivision within Planning District Number 7 which is not a party to this Charter Agreement at the effective date thereof may thereafter join the COMMISSION, provided that such governmental subdivision is eligible for membership and that it adopts and executes this Agreement. Section 2. Any governmental subdivision may withdraw from the COMMISSION by submitting to the COMMISSION in writing, at least 90 days before the end of the COMMISSION'S then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the COMMISSION'S fiscal year has ended. 3 ARTICLE VI Appointments of an Executive Committee and Adoption of By -Laws Section 1. The COMMISSION may designate an Executive Committee and delegate to it such powers as the COMMISSION may determine, provided that these powers are not inconsistent with provision of the Virginia Area Development Act. Section 2. The COMMISSION may adopt By -Laws and such other rules as it deems necessary to govern its operations. ARTICLE VII Meetings Section 1. The COMMISSION shall hold regular meetings on a schedule which will be determined by the membership. Section 2. Meetings of the COMMISSION shall be open to the public, however, the COMMISSION may hold executive meetings. ARTICLE VIII Amendments Section 1. This Charter Agreement may be amended, supplemented, or superseded only by concurring resolutions from a majority of the member governmental subdivisions. All proposed amendments shall be submitted to the COMMISSION for its review and comment to the member governmental subdivisions. ARTICLE IX Date of Organization Section 1. The organization of the Northern Shenandoah Valley Regional Commission shall be effective on 10' day of May, 1970 or at such time after this date when the Charter Agreement has been adopted and signed by that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed that Charter Agreement embraces the majority of the population within Planning District Number 7. El