Regular Meeting – November 13, 2019
Regular Meeting, Wednesday, November 13, 2019, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Gerald W. Garber, Chairman
Carolyn S. Bragg-Vice Chairman
G.L. “Butch” Wells
Michael L. Shull (Via Electronic)
Wendell L. Coleman
Pam L. Carter
Marshall W. Pattie
Timothy K. Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
John Wilkinson, Director of Community Development
James R. Benkahla, County Attorney
Angela Michael, Executive Assistant
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, November 13, 2019, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 244th year of the Commonwealth….
Chairman Garber welcomed the citizens present.
The following student from Stewart Middle School led the Board of Supervisors in the Pledge of Allegiance:
Wyatt Marshall is in the 8th grade. He is in the SCA and plays in the All District Band and Honor Band. He would like to be a Lawyer.
Pam Carter, Supervisor for the Pastures District, delivered the invocation.
Ms. Bragg moved, seconded by Mr. Wells, that the Board allow Mr. Shull to join the meeting electronically.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Carter and Pattie Nays: None Abstain: Shull Motion carried.
VIRGINIA LIBRARY ASSOCIATION UP AND COMER AWARD-ALI MCCUE
Diantha McCauley, Augusta County Library Director, recognized Ali McCue as the Virginia Library Association Up and Comer Award recipient. Ms. McCue is the Librarian Assistant with less than five years of experience. She was chosen for the award because of her community outreach efforts and the innovative programming that she has brought to the library.
Timothy Fitzgerald, County Administrator, stated that there has been discussion on Facebook concerning the animal shelter’s budget and euthanasia policy. No discussion has been had on cutting the budget and there has never been discussion on time period of kill. There is a new director at the shelter and she was asked to look at policies and volunteers and get suggestions that would possibly improve the shelter. The owners have no desire to make changes to the budget or the euthanasia policy.
MATTERS TO BE PRESENTED BY THE PUBLIC
Laurie Day, 209 Cisco Lane, Stuarts Draft, stated that she is a volunteer with the animal shelter. Her intention was to bring awareness of the shelter to the Board of Supervisors. Her actions were misconstrued and the wrong information was posted on Facebook.
Patrick Shipe, 180 Plum Tree Draft Road, Churchville, is concerned with the internet service in the West Augusta, Deerfield and North River areas. Schools are now requiring internet service to complete homework so it is crucial that the issue be addressed. Mr. Shipe is also concerned with Fire and Rescue. He questions whether new equipment and apparatus are needed or is a Maintenance Supervisor needed to oversee the upkeep of all equipment.
Steve Morris, 203 Hotchkiss Road, Churchville, thanked the volunteers that were present. He also thanked Supervisors’ Pattie, Bragg and Coleman for their hard work and time spent on the Board of Supervisors. Mr. Morris does not think there should be secret meetings. The people of Augusta County need to be aware of what is going on in the County. Staffing levels at the jail need to be evaluated. He feels the jail is unsafe and overcrowded. Mr. Morris is also concerned with conditions of many roadways. The voting precinct at Clymore Elementary is unsafe and suggests using the high school because parking is better. He also suggests that when re-districting is done, the Churchville voting precinct be moved to a different location. The proposed middle schools for Buffalo Gap and Riverheads needs to be evaluated. Additional gym and cafeteria space will be needed and it is currently not in the plan.
Michael McGinnis, Jr., 876 North Mountain Road, Swoope, is the owner of the vineyard in Swoope. He came to answer questions concerning the use of cannons since he was unable to attend the previous meeting.
WAYNESBORO AREA REFUGE MINISTRY-WARM
The Board heard a presentation on “Hunger & Homelessness Awareness Week”.
Brian Edwards from the Waynesboro Area Refuge Ministry (WARM) presented on “Hunger and Homelessness Awareness Week” which is next week. He stated that many people in this area are living below the poverty level, and are homeless and hungry. One in five children in the United States live in poverty. One goal of WARM is to end Veterans’ homelessness in the area by mid-2020. Mr. Edwards asks the Board to send a representative to WARM’s regular meeting and to encourage the local housing authority representatives to support WARM’s efforts.
NATURAL CHIMNEYS POOL RENOVATION
The Board considered a change order for Natural Chimney’s Pool project in the amount of $79,500.00 from the Parks & Recreation Depreciation account.
Funding Source: Parks & Rec Depreciation 80000-8142 $79,500.00 Jennifer Whetzel, Deputy County Administrator, stated that on July 11, 2019 a contract was executed with National Pools of Roanoke, VA. This contract is for the pool resurfacing and equipment upgrades at Natural Chimneys. The initial contract included the option for a splash pad. It was determined that the cost associated with the splash pad did not align with the intent of this project and would be explored in the future.
During a recent visit to the site, the idea of a beach entry from the tot pool into the main pool was explored. The beach entry would also include a water feature similar to the water feature that was discussed for the splash pad as well as bench seating. This beach entry is presented to the Board as a change order in the amount of $79,500.00.
This is an economical option for renovating the facility while also extending the life.
This will also be providing a third means of ADA compliant entry into the pool structure.
Dr. Pattie does not support this. Not necessarily the feature, but the order of work to be completed. He feels there are more important things to be done at the park.
Mr. Wells moved, seconded by Mr. Coleman, that the Board approve the funding request.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, and Carter Nays: Pattie Motion carried.
FIRE ENGINE PURCHASE
The Board considered approval to purchase one fire engine and request authorization to execute an agreement with Atlantic Emergency Solutions/Pierce Manufacturing.
Funding Source: Capital 70-80000-8057 $597,148.00 David Nichols, Fire Chief, addressed the questions raised during Matter to be Presented by the Public regarding the vehicles and equipment that are being replaced. He updated the Board on the status of the recruits noting that, upon their graduation, Fire-Rescue will be close to filling all of the open positions.
Chief Nichols also stated that the fleet is in various stages of age and condition.
Authorization to apply for a grant was given and the grant request was not funded.
Currently there are no front line equipment in service responding to incidents. The County has borrowed two from Waynesboro First Aid Crew, an engine from Staunton Fire Department and an engine from Riverheads Volunteer Fire Department. The reserve ladder 106 is running in place of Truck 11. The proposed cost from Atlantic Emergency Solutions/Pierce is $597,148.00. this price is comparable to the final cost of the current unit including change orders. If purchased after January 30, 2020, it is anticipated that there will be a 6% increase. Aside from the known price increase, waiting to modernize the fleet will result in the continuation of challenges. If the unit is purchased in December 2019, delivery is anticipated to be July or August 2020.
Mr. Shull moved, seconded by Mr. Coleman, that the Board approve the purchase of the fire engine and execute the agreement with Atlantic Emergency Solutions/Pierce Manufacturing.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
FIRE-RESCUE GRANT FUND
The Board considered the Committee’s recommendation for funding.
Chief Nichols stated that the Fire-Rescue Grant Committee reviewed the September 2019 round of grant requests. There were a total of four applications totaling $152,720.00 in requests and recommends approving $102,720.00 of the total requests.
Craigsville Volunteer Fire Department requests $20,000.00 to purchase tools and equipment to outfit their brush truck.
Mr. Shull stated that he did not get the information for these requests prior to the meeting and was unable to review so he will not be voting yes for the requests.
Ms. Carter moved, seconded by Mr. Wells, that the Board approve the funding as requested for Craigsville Volunteer Fire Department…
.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Carter and Pattie Nays: Shull Motion carried.
Riverheads Volunteer Fire Department requests $32,720.00 for forestry tools and equipment. Their forestry grant was not awarded.
Mr. Wells moved, seconded by Mr. Pattie, that the Board approve the funding as requested for Riverheads Volunteer Fire Department.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Carter and Pattie Nays: Shull Motion carried.
Augusta County Fire-Rescue requests $50,000.00 for an engraver for accountability tags, hose roller, stationary air cascade compression and system to be located at the burn building facility.
Mr. Wells moved, seconded by Mr. Pattie, that the Board approve the funding as requested.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Carter and Pattie Nays: Shull Motion carried.
Churchville Volunteer Fire Company requested $50,000.00 for a new roof on a portion of their building and various items needed within the station. The committee recommends placing this request on hold until final amounts are received for the community room equipment. The committee also feels with the possibility of a new building expansion in the upcoming future, the new roof also be held off until final decisions are made.
DEERFIELD COMMUNITY CENTER
The Board considered a request for infrastructure funding for January-June utilities at Deerfield Community Center.
Funding Source: Pastures Infrastructure 8014-104 – $4,000.00 Mr. Fitzgerald stated that approval of a resolution is needed to dissolve the Deerfield Trust agreement in order for the building to automatically revert back to County property per the trust agreement. The membership of the Deerfield Ruritans is aging and decreasing and majority of the funds raised are going towards expenses to operate the building. A lease will be provided to allow the ruritans to continue to meet in the building.
Ms. Carter moved, seconded by Ms. Bragg, that the Board adopt the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS
OF AUGUSTA COUNTY, VIRGINIA
WHEREAS, the County of Augusta conveyed certain property identified as Tax Map No. 040- 19b to the Deerfield Community Center Land Trust by way of Deed dated November 28, 1989 and recorded in the Circuit Court for Augusta County, Deed Book 990, Page 664; and WHEREAS, the property was conveyed for the use and purposes set forth in the Trust Agreement, dated November 28, 1989, which created the Deerfield Community Center Land Trust; and WHEREAS, by way of the Trust Agreement, the Ruritan Club agreed to establish a community center; and WHEREAS, due to a decrease in the membership of the Ruritan Club and the resulting decline in available funds, they are no longer able to financially support the Deerfield Community Center as is required by the Trust Agreement and the Deed; and WHEREAS, the Deed provides that, “Upon the determination by duly enacted resolution of the Board of Supervisors of Augusta County, Virginia, in its sole discretion, that a violation of this covenant has happened or has been suffered, this deed shall become forfeited and the premises herein described, and all the rights herein conveyed, shall at once revert to and revest in and become the property of the County of Augusta, Virginia; and WHEREAS, the inability of the Ruritan Club to maintain and support the Deerfield Community Center constitutes a violation of the covenants of the Deed and the Trust Agreement;
THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF AUGUSTA
COUNTY, VIRGINIA, the covenants of the Deed have been violated by the inability of the Ruritan Club to maintain the Community Center.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
Mr. Fitzgerald also stated that there is a funding request to cover utilities for the community center during the months of January-June.
Ms. Carter moved, seconded by Mr. Coleman, that the Board approve the funding request from the Pastures Infrastructure.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
Dr. Pattie stated that there needs to be a consistent policy for everyone.
DMV ANIMAL FRIENDLY LICENSE PLATES
The Board considered allocation of funds from DMV ($1,770.00) to support sterilization programs for dogs and cats. This proposal will carry over to the Department of Taxation contributions of tax refunds.
Mr. Fitzgerald stated that this is an annual request and traditionally the allotted amount is given to the Animal Shelter to support their sterilization program for cats and dogs.
Ms. Bragg moved, seconded by Mr. Coleman, that the Board approve the allocation of funds to the Animal Shelter.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
REFUND REQUEST
The Board considered a refund request from the Commissioner of the Revenue in the amount of $4,062.46 to Sprouse’ s Termite and Pest Control.
James Benkahla, County Attorney, stated that this is a refund for Business License taxes paid for 2016-2019. The business moved to the City of Staunton in 2015 and purchased a business license with the City for the years 2016-219. All documents have been reviewed and a refund is due to Sprouse’s Termite and Pest Control.
Ms. Bragg moved, seconded by Mr. Coleman, that the Board approve the refund request.
Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
WAIVERS — NONE
CONSENT AGENDA
Chairman Garber asked if the public wished for any item to be removed from the Consent Agenda and considered separately. There was no request.
Ms. Bragg moved, seconded by Ms. Carter that the Board approve the consent agenda as follows:
MINUTES
Approved minutes of the following meetings:
• Regular Meeting, Wednesday, September 25, 2019 • Regular Meeting, Wednesday, October 9, 2019 • Staff Briefing, Monday, October 21, 2019
CLAIMS
Consider claims paid since October 1, 2019 Vote was as follows: Yeas: Garber, Bragg, Coleman, Wells, Shull, Carter and Pattie Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
Mr. Wells reminded everyone of the Verona Sidewalk Project meeting on November 14th.
Dr. Pattie indicated a need for additional polling pads at the Clymore Elementary polling place.
Mr. Shull expressed appreciation to Veterans.
MATTERS TO BE PRESENTED BY STAFF
1) Mr. Fitzgerald reminded the Board about the Fire-Rescue recruit graduation on November 22nd.
2) The Legislative Package will be ready on November 19th when the Board meets with the legislative representatives.
3) There is a Board farewell dinner on December 3rd at 6:00p.m. to honor those who are going off the Board.
4) John Wilkinson, Director of Community Development, updated the Board on the November 12th Planning Commission public hearing for the Stuarts Draft Small Area Plan. The Planning Commission voted to table the plan and requested a work session with the Board. The public hearing that was originally scheduled for November 26th has been cancelled and will be rescheduled.
CLOSED SESSION
On motion of Ms. Bragg, seconded by Ms. Carter, 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- Youth Commission, Ag Industry Board, Economic Development Authority (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, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
a) McKee Foods Corporation vs County of Augusta b) Campaign Finance Act (3) the legal counsel exemption under Virginia Code § 2.23711(A)(8) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
a) McKee Foods Corporation vs County of Augusta On motion of Dr. Pattie, seconded by Mr. Coleman, the Board came out of Closed Session.
Vote was as follows: Yeas: Garber, Bragg, Wells, Coleman, Pattie, and Carter Nays: None
Absent: Shull
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:
Yeas: Garber, Bragg, Wells, Coleman, Pattie, and Carter Nays: None
Absent: Shull
Motion carried.
The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
BOARDS AND COMMISSION
Mr. Wells moved, seconded by Ms. Bragg, that the Board appoint Faye McCauley to serve on the Blue Ridge Criminal Justice Board effective immediately and to expire on November 13, 2021.
Vote was as follows: Yeas: Garber, Bragg, Wells, Coleman, Pattie, and Carter Nays: None
Absent: Shull
Motion carried.
ADJOURNMENT
There being no other business to come before the Board, Dr. Pattie moved, seconded by Mr. Coleman, the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Garber, Bragg, Wells, Coleman, Pattie and Carter Nays: None
Absent: Shull
Motion carried.
Chairman County Administrator
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