Regular Meeting – October 12, 2011
Regular Meeting, Wednesday, October 12, 2011, at 7:00 p.m. Government Center, Verona, VA.
PRESENT: Jeremy L. Shifflett, Chairman
Wendell L. Coleman, Vice-Chairman
David R. Beyeler
Gerald W. Garber
Larry C. Howdyshell
Tracy C. Pyles, Jr.
Nancy Taylor Sorrells
Jennifer M. Whetzel, Director of Finance
Timmy Fitzgerald, Director of Community Development
Patrick J. Morgan, County Attorney
Patrick J. Coffield, County Administrator
John C. McGehee, Assistant County Administrator
Jessica T. Staples, Administrative Secretary
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, October 12, 2011, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 236th year of the Commonwealth….
Chairman Shifflett welcomed the citizens present.
Keston Caricofe, Kenzie Cason, and Elizabeth Robinette, seniors, at Riverheads High School, led us with the Pledge of Allegiance. Keston plays football and plans on attending Blue Ridge Community College. Kenzie volunteers at Habitat Humanity and plans on attending Virginia Commonwealth University. Elizabeth plans on attending Blue Ridge Community College for the Vet-Tech program.
Wendell L. Coleman, Supervisor for the Wayne District, delivered invocation.
MATTERS TO BE PRESENTED BY THE PUBLIC – NONE
SAW CONSORTIUM – 2012 HEALTH INSURANCE RATES
The Board considered Committee recommendations for 2012 Health Insurance rates.
John C. McGehee, Assistant County Administrator, discussed the current health insurance rates. He noted that it had been recommended for the budget a 12% increase for 2012. It has been determined a 2.4% increase to health insurance premiums effective January 2012. He noted the proposed rate will see a budget savings of $29,022. It was recommended that the County pick up the 2.4% increase for the employees and dependent supplement.
Mr. Howdyshell moved, seconded by Mrs. Sorrells, that the Board approve the recommendation.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
VDOT 2013 REVENUE SHARING
The Board considered letter of intent requesting allocation for FY2013 Revenue Sharing Program and resolution.
Patrick J. Coffield, County Administrator, reported that the 2013 Revenue Sharing Project List has been discussed over the past few meetings. The Project List included Routes 612, 642, 608, 616 and 759. Mr. Coffield pointed out that, as part of the infrastructure, the first $500,000 is part of the County funds and anything over that amount is used from infrastructure accounts as requested by the Board. He noted that Mr. Howdyshell has submitted Route 759 for $130,000. He noted that some routes on the pending list may be funded from carry forwarded balances from completed projects; i.e. Route 842 (R) and Route 759 (NR).
Mr. Beyeler asked if paving is ever funded from Revenue Sharing. Mr. Coffield said that paving was part of VDOT’s maintenance funds not the Revenue Sharing program.
Mr. Howdyshell moved, seconded by Mr. Coleman, that the Board approve letter of intent and the following resolution:
WHEREAS, the Augusta County Board of Supervisors desires to submit an application for an allocation of funds of up to $630,000 through the Virginia Department of Transportation Fiscal Year 2012-2013 Revenue Sharing Program; and, WHEREAS, $630,000 of these funds are requested to fund the following:
SUMMARY – Designation of Funds Form FY2012-2013 Revenue Sharing Program Augusta County District Staunton Residency Verona Requested Locality Rev Sh Route # / TOTAL State Rev Sh Rev Sh Priority # Road Name FUNDS ($) Match ($) Match ($) Route 612 125,000 125,000 1 Laurel Hill 250,000 Road Route 642 150,000 150,000 1 Barren Ridge 300,000 Road Route 608 50,000 50,000 1 Long Meadow 100,000 Road Route 616 175,000 175,000 1 Dam Town 350,000 Road Route 759 Oak Hill 1 130,000 130,000 260,000 School Road
TOTAL OF ALL FUNDS 630,000 630,000 1,260,000
NOW, THEREFORE, BE IT RESOLVED that the Augusta County Board of Supervisors hereby support this application for an allocation of $630,000 through the Virginia Department of Transportation Revenue Sharing Program.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
DOOMS FIRE DEPARTMENT
The Board considered donation in the amount of $41,248 to Dooms Fire Department for purchase of equipment.
Funding Sources: Wayne Infrastructure Account #80000-8017-72 $20,624 Middle River Infrastructure Account #80000-8012-67 $20,624 Mr. Coffield explained that the Dooms Fire Department’s request is to replace a vehicle.
He noted that the Fire Department has $5,000 to contribute.
Mr. Coleman moved, seconded by Mr. Garber, that the Board approve the request.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
CHURCHVILLE FIRE AND RESCUE
The Board considered donation in the amount of $125,000 to assist with land purchase.
Funding Sources: Pastures Infrastructure Account #80000-8014-76 $41,667
#80000-TBD $83,333
Mr. Coffield explained the request. He noted that the cost would be approximately $430,000 for the first phase. The second phase would include design and construction.
Mr. Pyles has proposed that one-third of $125,000 be taken from his infrastructure account and two-thirds be taken from the County’s General Fund Account.
Lt. Craig Williams, Churchville Fire Department, explained his department has been working with the adjacent property owner to the west to obtain approximately 3.7 acres.
Lifetime rights will be given to the current occupant. The first phase will be to purchase property and then expand and renovate the existing building. The agency will need approximately $550,000 to replace a pumper. The agency is growing out of the existing building and will not be able to house the new engine. Future plans are to construct a four-bay garage. After extensive research it has been determined that while the parcel is located in the floodplain, the purchase of this property is the only logical option. Lt. Craig has been working with Building Inspection and the Department of Community Development to ensure code compliance. He explained plans are to fill in a portion of the property and stabilize the creek bank in order to address flooding and erosion issues.
Mr. Pyles asked if the project can move forward with regard to demolition and construction if the current property owner is given lifetime rights.
Lt. Williams answered yes. He explained the building will be demolished immediately and approximately 125 feet will be needed from the existing building.
Chairman Shifflett asked where the property was located. Lt. Williams identified the parcel on the PowerPoint aerial and stated there were four structures on the property.
He added that the current property owner (Ms. Siron) who will be allowed to have lifetime rights will retain rights to two small buildings and the house. Mr. Pyles asked if this would cause a problem to build. Lt. Williams said that it would not be a problem.
They only needed approximately 125 feet from the existing building. They would be able to demolish the building located between the station and Ms. Siron’s house immediately.
Mr. Pyles asked for a timeframe on constructing a new station and at what cost. Lt.
Williams was unsure of the timeframe. Obtaining the adjacent property is the main obstacle at this time. He noted the latest possible closing date has been set for November 30.
Mr. Pyles asked what the future plans were for the existing house. Lt. Williams answered once property rights are relinquished, selling the house may be an option to offset costs. He noted the site plan and architectural drawings are not complete at this time; however, estimated costs are approximately $1.5-1.8 million for the complete project.
Mr. Coleman commented the agency is “taking the hand it has been dealt—land acquisition”. He noted it appears the agency is taking the process one step at a time and when an opportunity becomes available it “strikes when the iron is hot”.
Mr. Garber added he is a strong supporter of volunteer agencies; however, he noted concern with discussion on plans to work in the floodplain. He asked if the agency has discussed these plans with the Army Corps of Engineers. Lt. Williams advised they have been working with Blackwell Engineering and the bank stabilization project would be handled by their firm. He stated the project can move forward without having to disrupt the creek; however, doing the stream bank stabilization would be an asset to the Churchville Community.
Ms. Sorrells questioned the amount of acreage being obtained. Lt. Williams stated the purchase price is $335,000 for approximately 3.7 acres, house and three out buildings.
Chairman Shifflett asked if an appraisal has been done. Lt. Williams stated that an exterior appraisal was conducted setting value at $305,000. He noted the asking price was $400,000. Mr. Beyeler asked what the County appraisal was; Mr. Coffield stated that one structure was $256,600 and the second structure was $105,200 (roughly $361,000).
Lt. Williams commented at this point acquiring the property to the west seems to be the only option.
Mr. Howdyshell questioned if the property being considered is located in the floodplain.
Mr. Fitzgerald confirmed that it was in the floodplain.
Mr. Beyeler asked if this was the appropriate location. Lt. Williams advised that members and residents in the area have stated the water has never been up to the building in the past fifty years.
Mr. Beyeler commented the expense of acquiring the property, demolishing the building, and expanding the existing station may be more than purchasing property and constructing a new building elsewhere. He used the Riverheads Fire Station as an example. Lt. Williams commented that has been researched. He explained moving the building to another location will impact the fire/rescue boxes that are established. He explained plans are for the proposed station to be a “Hub Station” for Western Augusta County.
Mr. Beyeler voiced concern with the majority of the property being located in a floodplain.
Lt. Williams stated that other locations have been proposed; however, most any location within that service area is located in a floodplain.
Chairman Shifflett noted the property once used to be an old service station and questioned the location of underground tanks and the expense if those had to be removed. Lt. Williams answered there are four underground tanks on the property; however, DEQ has confirmed the timeframe has elapsed and nothing needs to be done with regards to disposal under their standards.
Mr. Coleman commended Lt. Williams and the agency for their work on the project. He noted “it may not be the best option, but it is the best option available”.
Lt. Williams said that the construction phase will be the easy part of the project. He stated the agency has been proactive in the process and has been awarded numerous grants. They have received $242,755.50 of equipment from grants.
Mr. Pyles compared the request to the Riverheads Fire Station. He stated the agency has done all it can to make the project feasible. He further stated the location of the station is important and this gives the community the opportunity to rebound.
Mr. Pyles moved, seconded by Mr. Garber, that the Board approve the appropriation of $125,000 from his infrastructure account for the project.
Mr. Beyeler stated he supports the volunteers; however, he feels there are other options available.
Ms. Sorrells commended Lt. Williams on the research. “It’s clear that you have looked at all the angles.” Mr. Beyeler moved, seconded by Mr. Howdyshell, that the Board table the request until the Board’s October 24th Staff Briefing viewing and for further discussion.
Vote was as follows: Yeas: Howdyshell, Sorrells, Beyeler, Shifflett, and Pyles Nays: Garber and Coleman Motion carried.
THE WHITE HILL VOTING PRECINCT
The Board considered addition to Legislative Priorities relating to divided precinct.
Mr. McGehee reported that a letter from the Chairman of the Augusta County Board of Elections had been included in the Board’s agenda package making a request to add to the Legislative Package the issue of the White Hill Precinct after the Delegate lines were drawn. That precinct is a split precinct, which means approximately half of the district is in the 20th House District and half of it is in the 24th District. He circulated an e-mail from Steve Landes’ office regarding the issue. He noted, from the standpoint of the House of Delegates, the ideal number for a Delegate district was 80,010 population.
When the redistricting occurred, Delegate Cline’s district (District 24) had 79,678 (2,331 citizens in the White Hill Precinct). Delegate Bell’s district (District 20) had 79,334 (1,864 citizens in the White Hill Precinct). During the redistricting process, a deviation of 1% had been set, which meant 800 people +/- the 80,010. If the proposed district does not meet that criteria, then the precinct will most likely have to remain split.
He had spoken with the Registrar and learned the process to be used during this year’s voting in the White Hill Precinct. The Registrar said additional personnel would not be needed. However, there would have to be special training.
Mr. Pyles asked Mr. McGehee to clarify the request. Mr. McGehee explained that it was to make White Hill Precinct either in the 20th or the 24th District.
Mr. Beyeler asked Mr. McGehee how far the lines were off. Mr. McGehee advised that the deviation is higher on the downside because both of the districts are currently below the ideal number. It ranged from 3.2 to 3.4 on the downside. There are more citizens living in the 24th District. The two districts would also be above the 1% on the high side if the entire precinct was placed in either district.
Mr. Beyeler said if the line was moved, Mr. Cline would lose Stuarts Draft. Mr. Beyeler suggested that Highland Hills (Riverheads District) be shifted to Beverley Manor District (from District 20th to District 24th).
Timmy Fitzgerald, Director of Community Development, indicated that changing the magisterial districts would not have an impact on the district line. The White Hill Precinct will remain split unless the General Assembly changes their line. Mr. Fitzgerald said the benefit would be the election officials, on Election night, would not have to figure out which district the voters were in. “It would be less of a chance of a mistake if they were all in one precinct.” Mr. Beyeler moved, seconded by Ms. Sorrells, that the Board table the request until October 24th Staff Briefing for further discussion.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
WAIVERS/VARIANCES – NONE
CONSENT AGENDA
Mr. Coleman moved, seconded by Ms. Sorrells, that the Board approve the consent agenda as follows:
MINUTES
• Staff Briefing Meeting, Monday, September 26, 2011 • Regular Meeting, Wednesday, September 28, 2011
CLAIMS
Approved claims paid since September 14, 2011.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following issues:
Mr. Pyles:
DEERFIELD COMMUNITY CENTER – With regard to renovation, had encountered two unanticipated problems: 1) Bat problem, in which the attic had to be sealed; and 2) Ceiling tiles in the bathrooms resulting in $15,328 in additional costs.
Mr. Pyles moved, seconded by Mr. Coleman, that the Board approve the supplemental appropriation to come from the Pastures Infrastructure Account .
Funding Source: Pastures Infrastructure Account #80000-8014-76 $15,328 Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
* * * Mr. Howdyshell:
2012 PROPOSED HOLIDAY SCHEDULE –
Mr. Howdyshell moved, seconded by Mr. Coleman, that the Board approve the following 2012 proposed holiday schedule:
Holiday Schedule 2012 Holidays Observed New Year’s Day January 2 President’s Day February 20 Memorial Day May 28 Fourth of July July 4 Labor Day September 3 Thanksgiving Day November 22 Day after Thanksgiving Day November 23 Christmas Eve (Extra) December 24 Christmas Day December 25 (2) Personal Day (King Day-Lee-Jackson, Columbus Day,Veterans Day) Total Days (11) Eleven Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
* * * Mr. Coleman:
Mutual Aid Agreement –Attended the Waynesboro City Council Meeting held on Tuesday and is pleased to report Council voted to approve the Mutual Aid/Automatic Aid Agreement. He noted the positive impact the agreement will have on the Dooms and Preston Yancey Fire Companies service areas.
Ms. Sorrells:
RIVERHEADS ELEMENTARY SCHOOL PTA – Was contacted by the PTA concerning the safety of students at the school with regard to the outdated radio communication. She explained there is a safety issue with the construction of the school in pod format with each classroom having an outside entrance. The request has been discussed with the School Board; 26 radios need to be replaced immediately. She noted that the price break was 20.
Ms. Sorrells moved, seconded by Mr. Coleman, that the Board approve $3,600 for the purchase of 20 radios.
Funding Source: Riverheads Infrastructure Account #80000-8015-68 Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
* * * Mr. Beyeler:
Hydrofracking – Chairman Shifflett and he recently attended a meeting in Rockingham County concerning hyrdofracking. He was once 100% opposed to the issue but the practice may not be as harmful as once believed. He expressed the importance of having a bond placed on the site, to account for unforeseen damages and urged the County to be proactive and consider discussing the practice as an ordinance amendment. He suggested that staff consider Rockingham County’s Ordinance as an example.
Mr. Howdyshell stated this has been done on a lot of National Forest land. He has researched the issue and feels that the County needs to consider discussing the issue and research the impacts on areas in western Pennsylvania.
Mr. Beyeler commented, if the County can be assured there is no harm, “why not do it?” Ms. Sorrells stated she agrees the issue needs to be viewed from different angles. The public in western Pennsylvania have concerns with the impact hydrofracking will have on their water sources. Water is our greatest natural resource and the County needs to proceed with caution.
Mr. Garber:
Church fires in Middle River District – An arrest has been made.
MATTERS TO BE PRESENTED BY STAFF
Staff discussed the following:
1. Legislative Dinner – Tentatively set for December 14 at 5:00 pm. Mr. Beyeler suggested inviting the candidate elect Board members.
* * * 2. Animal Control Impoundment Fee – The ACO Shelter Committee has recommended that member jurisdictions have a regional charge of $15.00 per day as opposed to the flat rate of $126.50 originally set by the SPCA. Mr. Coffield noted the revenue gap could narrow due to an animal being held multiple days and the ability for more owners being able to afford picking up their pet and thereby paying the impoundment fee and fines. It has also been suggested that the License Fee be increased from $10 to $15. A public hearing would be required to discuss a revision to the ordinance at a later date most likely during the Budget process.
Mr. Beyeler moved, seconded by Mrs. Sorrells, that the Board approve the recommendation from the ACO Shelter Committee.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Mr. Garber noted the fee modification may give citizens an incentive to pick up their pets.
Ms. Sorrells added, while visiting the shelter during the Board’s viewing, she was impressed with the conditions of the shelter. She noted her sister-in-law recently adopted a collie from the shelter and has been very pleased with her addition.
Mr. Coleman commented he was impressed with the ability citizens have to view the animals in the shelter on line.
* * * 3. Police Academy – The academy has recently hired a new CEO and it has been the recommendation of adjoining localities that the organization needs a Finance Committee similar to committees created at the Regional Landfill and Middle River Regional Jail. Finance Directors will be recommended to serve on a rotating basis.
4. VACo –Governor McDonnell and his task force have been provided a list of top ‘mandates of concern” to counties.
Mr. Pyles discussed polling and stated he would like to see localities “get out” of funding primaries for political parties. He also discussed Chesapeake Bay.
Mr. Coleman noted the percentage of mandates is up 8%. He suggested that the Board send a letter in support of the recommendations presented by VACo. He noted state revenue is up and with funding reductions to local governments, “enough is enough” and local governments need to be persistent with their opposition.
Mr. Coleman moved, seconded by Mr. Pyles, that the Board approve staff to submit a letter in support of VACo’s recommendations regarding the top mandates of concern for counties so that Augusta County is “on record” with a position.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
5. Interstate Business Park TIF – Second Amendment was distributed to the Board.
Dennis Burnett, Director of Economic Development, stated 17 acres have been removed from the TIF and road improvement time line has been tied to the Occupancy Permit.
Mr. Beyeler moved, seconded by Ms. Sorrells, that the Board accept the recommendation.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
* * * 6. Social Services Building Roofing Bids – 4 proposals have been received and ranked. The Review Committee consisted of John McGehee, Mike Nickell, Tony Clements, and Bonnie Stephenson. The Committee has recommended accepting Don Largent Roofing, Inc. proposal with a 20-year warranty.
Mr. Coffield added that funding would be appropriated from depreciation account. Funding will also come from Waynesboro and Staunton as part of Social Services responsibility.
Mr. Pyles stated a 20-year warranty is a long time and asked if there were any guarantee that the company would be in business in 20 years. Mr. McGehee noted the warranty is from the manufacturer.
Mr. Garber moved, seconded by Mr. Coleman, that the Board accept the recommendation.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
CLOSED SESSION
On motion of Mr. Coleman, seconded by Ms. Sorrells, the Board went into closed session pursuant to:
(1) the personnel exemption under Virginia Code § 2.2-3711(A)(1) [discussion, consideration or interviews of (a) prospective candidates for employment, or (b) assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific employees]:
A) Boards and Commissions (2) the legal counsel exemption under Virginia Code § 2.2-3711(A)(7) [consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, as permitted under subsection (A) (7)]:
A) Public Forum (3) the procurement exemption under Virginia Code § 2.2-3711(A)(30) [discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, as permitted under subsection (A)(30)]:
A) Legislative Liaison On motion of Mr. Coleman, seconded by Ms. Sorrells, the Board came out of closed Session.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
The Chairman advised that each member is required to certify that to the best of their knowledge during the closed session only the following was discussed:
1. Public business matters lawfully exempted from statutory open meeting requirements, and 2. Only such public business matters identified in the motion to convene the executive session.
The Chairman asked if there is any Board member who cannot so certify.
Hearing none, the Chairman called upon the County Administrator/ Clerk of the Board to call the roll noting members of the Board who approve the certification shall answer AYE and those who cannot shall answer NAY.
Roll Call Vote was as follows:
AYE: Coleman, Garber, Howdyshell, Shifflett, Sorrells, Pyles and Beyeler NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
CENTRAL SHENANDOAH EMERGENCY MEDICAL SERVICES COUNCIL –
REAPPOINTMENTS
Mr. Coleman moved, seconded by Mr. Howdyshell, that the Board reappoint Fire Chief Carson Holloway and Elizabeth “Bunny” Hearn to serve another 3-year term on the Central Shenandoah Emergency Medical Services Council, effective October 1, 2011, to expire September 30, 2014.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
LEGISLATIVE LIAISON CONTRACT RENEWAL
Mr. Coleman moved, seconded by Mr. Beyeler, that the Board extend the Legislative Liaison agreement for an additional year.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
ADJOURNMENT
There being no other business to come before the Board Mr. Beyeler moved, seconded by Ms. Sorrells, the Board adjourned subject to call of the Chairman.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
Chairman County Administrator H10-12min.11
