Regular Meeting – December 10, 2014
Regular Meeting, Wednesday, December 10, 2014, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Larry J. Wills, Chairman
Michael L. Shull, Vice-Chairman
Carolyn S. Bragg
David A. Karaffa
Jeffrey A. Moore
Marshall W. Pattie
Tracy C. Pyles, Jr.
Timmy Fitzgerald, Director of Community Development
Patrick J. Morgan, County Attorney
Patrick J. Coffield, County Administrator
Rita R. Austin, CMC, Executive Secretary
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, December 10, 2014, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 239th year of the Commonwealth….
Chairman Wills welcomed the citizens present.
The following 8th graders at S. Gordon Stewart Middle School, led us with the Pledge of Allegiance. These students are “Valley Scholars” from Stewart Middle School.
Eleazor Cortes enjoys playing soccer, basketball and loves reading and hopes to attend James Madison University.
Leslie Guevara enjoys playing soccer and cheerleading.
Angeline McCauley runs track and plays tennis.
Tracy C. Pyles, Jr., Supervisor for the Pastures District, delivered invocation.
RETIREMENT RESOLUTION
Patrick J. Coffield, County Administrator, announced the retirement of the Circuit Court Clerk, John B. Davis. There will be a reception held on December 29th recognizing his 31 years of service. He noted that prior to his service as Clerk, he was a part of the Augusta County School system.
Mr. Moore moved, seconded by Mr. Shull, that the Board adopt the following resolution:
RESOLUTION OF APPRECIATION FOR CIRCUIT COURT CLERK
JOHN B. DAVIS
UPON HIS RETIREMENT AFTER 31 YEARS OF SERVICE
WHEREAS, John B. Davis first won election as the Clerk of the Circuit Court in November, 1983, and took the oath of office effective January 1, 1984; and WHEREAS, during his 31 years of service, John B. Davis has seen the Clerk’s Office evolve from paper receipts and manual typewriters to become one of the most technologically advanced clerks’ offices in Virginia; and WHEREAS, the office of the Clerk is responsible for over 800 duties set out in the Code of Virginia, including the maintenance and retention of land records, estate matters, court proceedings and historic records; and WHEREAS, John B. Davis, as financial manager of the Court, is responsible for the proper collection and dissemination of all taxes, fees and court costs paid to the Court; and WHEREAS, John B. Davis, because of his keen interest in Augusta County’s rich history, has overseen a restoration program in the Clerk’s Office that to date has restored 96 historic books, 79 drawers of case papers and 878,490 Chancery images through grants totaling over $533,000.00; and WHEREAS, John B. Davis is a member and past president of the Rotary Club of Staunton-Augusta County, past president of the Cassell and Ladd Ruritan Clubs, a member and past president of the Virginia Court Clerk’s Association; a member of the Augusta County Historical Society, the founding president of the Augusta County Education Foundation and the Valley Alliance for Education, past President of the James Madison University Alumni Association and currently serves as member of the Board of Directors for Augusta Health; and WHEREAS, throughout his 31-year career as Clerk, John always kept service to the public as his foremost responsibility, treating each and every one of his customers with respect and serving them with knowledge, alacrity and gentility; and WHEREAS, John has decided to retire effective January 1, 2015.
NOW, THEREFORE, BE IT RESOLVED, that the Augusta County Board of Supervisors do hereby recognize and applaud the dedicated, knowledgeable and steadfast public service provided by John B. Davis during his 31 years of service as Clerk of the Circuit Court of Augusta County, and furthermore do heartily and sincerely wish him a long, healthy, happy and productive retirement.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
NATIONAL DEVELOPERS OF VIRGINIA, LLC; RAIKE REAL ESTATE INCOME
FUND, LLC; TURNER TURN KEY HOMES; WILLIAM R. OR KELLY L. SMITH;
STEVEN P. OR AUDRA A. SOURS; KENNETH M. OR CAROLYN SUE CLARK;
AND MARK D. OR DANA L. FRAZIER – AMENDMENT
This being the day and time advertised to consider a request to amend and restate proffers on approximately 112 acres owned by National Developers of Virginia, LLC; Raike Real Estate Income Fund, LLC; Turner Turn Key Homes; William R. or Kelly L.
Smith; Steven P. or Audra A. Sours; Kenneth M. or Carolyn Sue Clark; and Mark D. or Dana L. Frazier, and located on the north side of Howardsville Turnpike (Route 610) approximately 0.6 of a mile west of the intersection of Howardsville Turnpike (Route 610) and Patton Farm Road (Route 633) (South River District). The Planning Commission recommends denial of the amendment to the proffers.
NATIONAL DEVELOPERS OF VIRGINIA, LLC; RAIKE REAL ESTATE INCOME
FUND, LLC; TURNER TURN KEY HOMES; WILLIAM R. OR KELLY L. SMITH;
STEVEN P. OR AUDRA A. SOURS; KENNETH M. OR CAROLYN SUE CLARK;
Becky Earhart, Senior Planner, displayed property and noted that three lots are not included (shown in blue). The applicant has submitted nine proffers:
1. Developer will dedicate up to 35’ of right-of-way from the existing centerline of Route 610.
2. There will be no more than one street connection on to Route 610 and no lot will have direct access to Route 610.
3. All buildings will setback from Kennedy Creek at least fifty feet (50’).
4. The minimum lot size for single family dwellings will be one (1) acre.
5. No more than 82 single family dwelling lots will be created out of the 112 acre tract. (This is what is currently being done.) 6. The minimum square footage for single family homes built on the 112 acres shall be 2500 square feet of above ground living space. (This is a request to reduce from 2800 square feet.) 7. All lots will be served by public water.
8. At least 3’ concrete sidewalks on both sides of streets shall be built by the developer during the road construction process and maintained by the Homeowners or Property Owners Association.
9. Ten (10) acres of open space will be created as part of this subdivision and deeded to the Homeowners or Property Owners Association. A Homeowners or Property Owners Association will be established to permanently maintain the open space and amenities in the subdivision, as well as the entrance area next to Howardsville Turnpike and running northwest to the end of Shannon Lea Boulevard.
This request also includes the elimination of a proffer related to providing street trees along the roads.
This property is in a Community Development Area; public water is available. Ms. Earhart noted that the Planning Commission recommended denial of the request in October. At the time the recommendation was made, streets were not ready to be brought into the public system. Since that meeting, Mr. Raike has worked with VDOT to finish up the last items needed for street acceptance. As of late this afternoon, all of those items have been submitted to VDOT.
Mr. Pyles asked if the proffer on the road was the only problem that the Board had.
Ms. Earhart explained the Planning Commission was concerned about the roads and about three of the lots not being a part of the request. Mr. Raike and staff have tried getting those lots included; the property owner who owns the three lots has expressed no interest in being part of the application.
Mr. Karaffa asked if there were any houses on the three lots. Ms. Earhart said they were undeveloped lots.
Bill Raike, owner of National Developers, added that this has been an ongoing request for the past two years. He pointed out that the acreage was 116 (not 112). He added that the trees would not work because VDOT did not want him planting trees on top of the waterlines or utility lines. They would not know where the trees could be planted until after location of the house and septic was determined. He added that he has agreed to keep the sidewalks bonded; he intends to finish the sidewalks next summer on both sides of the streets. He noted that the handicapped ramps have been installed
NATIONAL DEVELOPERS OF VIRGINIA, LLC; RAIKE REAL ESTATE INCOME
FUND, LLC; TURNER TURN KEY HOMES; WILLIAM R. OR KELLY L. SMITH;
STEVEN P. OR AUDRA A. SOURS; KENNETH M. OR CAROLYN SUE CLARK;
pursuant to VDOT standards.
The Chairman declared the public hearing open.
A citizen (no name given) questioned, with all of the new development in Augusta County, what has been looked at regarding water resources and the impact on the Valley. He expressed concern of losing the beauty of the Valley.
There being no other speakers, the Chairman declared the public hearing closed.
Ms. Bragg said that this was a different approach to a request. It had been in the process for approximately two years. In this particular area, there are only four houses that are inhabited, who are also parties to this request. There are two other houses that have been empty for a number of years; and a third house is partially completed (and not sold). Ms. Bragg spoke with three of the property owners and learned that the general consensus was that they would like to have neighbors and they feel that this is something that would encourage that to happen. She had asked about the concern of the size being changed and the value of their property and learned that they have, in their Homeowners Association (HOA), an Architectural Review Committee, and that they felt comfortable that the houses that would be built would have to go by HOA standards. She expressed concern of the three lots not included, but felt that the consideration should be made to the people interested in having construction in this area. She added that the interested parties suggested that all the sidewalks be built at the same time.
Ms. Bragg moved, seconded by Mr. Moore, that the Board adopt the following ordinance:
ORDINANCE
A REQUEST TO AMEND AND RESTATE PROFFERS ON APPROXIMATELY 112
ACRES OWNED BY NATIONAL DEVELOPERS OF VIRGINIA, LLC; RAIKE REAL
ESTATE INCOME FUND, LLC; TURNER TURN KEY HOMES; WILLIAM R. OR KELLY
L. SMITH; STEVEN P. OR AUDRA A. SOURS; KENNETH M. OR CAROLYN SUE
CLARK; AND MARK D. OR DANA L. FRAZIER AND LOCATED ON THE NORTH SIDE
OF HOWARDSVILLE TURNPIKE (RT. 610) APPROXIMATELY 0.6 OF A MILE WEST
OF THE INTERSECTION OF HOWARDSVILLE TURNPIKE (RT. 610) AND PATTON
FARM ROAD (RT. 633) IN THE SOUTH RIVER DISTRICT.
AN ORDINANCE to amend Chapter 25 “Zoning” of the Code of Augusta County, Virginia.
WHEREAS, application has been made to the Board of Supervisors to amend the Augusta County Zoning Maps, WHEREAS, the Augusta County Planning Commission, after a public hearing, has made their recommendation to the Board of Supervisors, WHEREAS, the Board of Supervisors has conducted a public hearing, WHEREAS, both the Commission and Board public hearings have been properly advertised and all public notice as required by the Zoning Ordinance and the Code of Virginia properly completed,
NATIONAL DEVELOPERS OF VIRGINIA, LLC; RAIKE REAL ESTATE INCOME
FUND, LLC; TURNER TURN KEY HOMES; WILLIAM R. OR KELLY L. SMITH;
STEVEN P. OR AUDRA A. SOURS; KENNETH M. OR CAROLYN SUE CLARK;
WHEREAS, the Board of Supervisors has considered the application, the Planning Commission recommendation and the comments presented at the public hearing; NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors that the Augusta County Zoning Maps be amended as follows:
The proffers on parcel number 77, on tax map number 84, and parcel numbers A, B, C, 1-22, 24-32, and 35-36 on tax map number 84H(1), containing a total of approximately 112 acres are amended and restated to read:
1. The developer will dedicate up to 35’ of right-of-way to VDOT from the existing centerline of Route 610.
2. There will be no more than one street connection on to Route 610 and no lots will have direct access to Route 610.
3. All buildings will setback from Kennedy Creek at least fifty feet (50’).
4. The minimum lot size for single family dwellings will be one (1) acre.
5. No more than 82 single family dwelling lots will be created out of the 112 acre tract.
6. The minimum square footage for single family homes built on the 112 acres shall be 2500 square feet of above ground living space.
7. All lots will be served by public water.
8. 3’ concrete sidewalks on both sides of the streets shall be built by the developer during the road construction process and maintained by the Homeowners or Property Owners Association.
9. Ten (10) acres of open space will be created as part of this subdivision and deeded to the Homeowners or Property Owners Association. A Homeowners or Property Owners Association will be established to permanently maintain the open space and amenities in the subdivision, as well as the entrance area next to Howardsville Turnpike and running northwest to the end of Shannon Lea Boulevard.
Mr. Karaffa asked if the four property owners were on the Architectural Review Committee. Ms. Bragg said they were not.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
Mr. Coffield, in response to the citizen’s question regarding the environmental impact, advised that the State of Virginia Department of Health regulates water. Everything that the Service Authority does with water is cleared through the Department of Health. With regard to the engineered system that the developer mentioned, that is not part of the Service Authority; they are engineered systems for each residence and regulated by the Department of Environmental Quality.
Mr. Karaffa added that in terms of capacity, the Service Authority has a “fixed number on how many people can draw off of our water system”. That is governed by how much can be handled efficiently and safely. “Whenever somebody comes to the Service Authority, they have to pay a small fee that reserves them a spot in our system to make sure we can handle it so that we know what is coming down the pipe and we can adjust. People can’t just build and then attach to the system without letting us know first to make sure that we have the capacity to take care of the water that they are using.”
MATTERS TO BE PRESENTED BY THE PUBLIC – NONE
Chairman Wills welcomed all the students from Riverheads High School.
AUDIT PRESENTATION
The Board received a presentation by P. B. Mares of the 2014 Augusta County Comprehensive Annual Financial Report.
Jennifer Whetzel, Director of Finance, reported that the County has completed its annual financial audit and introduced representatives of P. B. Mares to present the report to the Board: Betsy Hedrick; Shannon Winslow; and Mensel Dean.
Chairman Wills added that the Audit Committee met with these representatives prior to tonight’s meeting.
Mr. Dean said that, being back in this building, “brought fond memories” when he was part of the audit team for Smith Transfer from 1967 to the 1980’s.
He noted that the audit report consisted of 159 pages and pointed out that there is an “Unmodified Opinion” that the County has received. The front section, consisting of approximately 10 pages (pages 13-23), under “Management’s Discussion and Analysis” summarizes in layman’s words the activities for the year. He suggested that the Board read that section. There was a finding under Internal Control that related to capital assets that has been discussed with the Audit Committee and management where there was an issue. There were five Federal programs that were audited this year with no findings. “Your folks are doing a good job to be within compliance with the federally- funded programs.” Internally, you have a guide of maintaining an unassigned fund balance of 15% of revenue; Page 27 shows the unassigned fund balance is at 14.2%.
He noted that the Government Finance Officers Association (GFOA) uses a different standard; they use an Expenditure Standard which has a guidance of about two months of expenditures. “You were right on with that criteria.” Mr. Dean highlighted the following in the statistical section that represents summarized financial information for the last ten years:
1. Table 4 (Pages 128-129) – history of fund balance – “Done a wonderful job of maintaining a consistent fund balance level.” 2. Table 6 (Page 132) – local revenue – “Last nine years, real estate taxes have gone up about 50%, but the rate has come down – from 58 to 48 and now back up to 56. Real estate tax revenue has increased from new construction or increase in value of existing construction. I always like to see that the rate has come down rather than the rate rising. You’re to be commended for that.” 3. Table 11 (Page 137) – summary of debt – topped at a little over $1,000 debt per citizen and has been coming down – a little over $800 now.
4. Page 50 details maturities of long-term debt – approximately $8 million is due in 2015. Five years out, it should drop to about $6.3 million.
He noted that there are probably a lot of capital projects that can be done. He said that they had met with Rockingham today at 3:00 o’clock this afternoon, and “your numbers look better than theirs in that regard”.
5. Pension footnote #9 (Pages 53-65) refers to VRS and reflects as to how each plan operates and felt that this footnote is beneficial to the employees.
Mr. Dean had stated to the Audit Committee that he was impressed that, over this 9-year period, the employee count in Augusta County had remained constant. Population has risen about 7% and the employee account has not exceeded the people count in the County.
Mr. Karaffa asked what the auditors looked at in terms of a “trouble zone” as it relates to the debt per capita. Mr. Dean said that Rockingham is $500 more ($1,100) and noted that Augusta County is on the low end; $1,200 is average. Mr. Karaffa asked where “red flags” would be raised. Mr. Dean said that being involved in long-range planning was good and setting aside resources for future funding.
Mr. Coffield, at staff level, noted that most cities had a limitation of a 10% cap of taxable real estate. He noted that a chart indicates less than 1%. “We are extremely efficient.” Chairman Wills appreciated the auditors’ report.
Mr. Coffield commended teamwork of staff ensuring a thorough audit and “one that we all can be proud of”.
Mr. Dean mentioned that the auditors had commented on how smooth the transition had been. “You have departments that are not involved with the auditor selection. We’ve been in a lot of situations where those departments feel a little dissed by not having a choice in this. The new auditors come in and do things a little differently and ask different questions and so forth. We were extremely well-received. The staff needs to be commended.” Mr. Coffield felt that the auditors and Augusta County staff worked very collaboratively.
FIRE AND RESCUE EQUIPMENT GRANT PROGRAM
The Board considered Committee’s recommendations as it relates to Equipment Grant requests from the following agencies:
Agency Request Recommendation Funding Source Churchville F&R $117,600.00 $ 5,795.00 80000-8152 Middlebrook Vol. $ 44,274.45 $22,137.00 80000-8152 New Hope Vol. $ 29,076.10 $29,076.10 80000-8152 Swoope Vol. $ 56,000.00 $25,150.00 80000-8152 Fire Chief Carson Holloway reported that the Fire-Rescue Grant Committee reviewed the September 2014 round of grant requests a few weeks ago. The Committee reviewed four applications totaling $246,950.10 in requests. The Committee recommended approval in an amount of $82,158.10. Documentation had been included in the Board’s agenda package and Fire Chief Holloway was available to answer any questions that the Board may have.
Mr. Karaffa moved, seconded by Mr. Shull, that the Board approve the request.
Mr. Pyles asked what Churchville was asking for. Fire Chief Holloway said they had requested a snow plow for a truck and some miscellaneous equipment. They had also looked at a station compressor and Plymovent System. Their total request was $117,600.
The Committee recommended funding the snow plow. The Committee felt that the request was not clearly defined.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
ECONOMIC DEVELOPMENT
The Board received a presentation from staff of Economic Development Strategic Plan Update.
Amanda Glover, Director of Economic Development, explained that this is an update to the action items included in the Economic Development Strategic Plan. In 2008, Augusta County commissioned an Economic Development Strategic Plan, which was finished in 2009, and led to the creation of the Department and the hiring of the first Economic Development Director. That plan was designed to guide the County’s strategy for the next 10 to 20 years. Because of industry changing so rapidly, she felt it prudent to review the action items and update those to reflect current best practices. The visions and goals that were adopted in 2009 were kept and all of the recommendations/action items have been updated. She has had the opportunity to receive input from numerous departments: Fire and Rescue; Parks and Recreation; Administration; Community Development; Finance Department; Extension Office; and the Service Authority. She felt this document to be a better document because of the valuable input provided from these departments. A clean version and a high-lighted/red-lined version had been included in the advanced agenda package for the Board to review. Ms. Glover was available to answer questions or receive further input from the Board.
Chairman Wills explained that this was placed on the agenda for the Board to review over the next month and action to be taken in January. Chairman Wills expressed appreciation to staff in creating this document.
RURAL RUSTIC ROAD
The Board considered resolution for 2014 project:
Route 830, Stonewall Lane (Middle River District) Mr. Coffield explained the standards for the Rural Rustic Road program. Twenty years ago, VDOT had one standard for secondary roads: gravel or improved road. It was very difficult to go through that process. It was over-built for the expectations of the residents.
In addition, it was extremely expensive. Augusta County, through General Assembly delegation, worked very closely with Loudoun County Delegate May. Between the two communities, the State agreed with the Rural Rustic Roads Standards. Basically, it is Pave-In-Place, taking the existing road, which has been compacted several years. In doing so, a commitment is made to the Commonwealth of Virginia through a resolution stating “any such road must be located in a low-density development area and have no more than 1,500 vehicles per day . . . that this road may be paved with minimal improvements”. It further states, “the Board is unaware of pending development that will significantly affect the existing traffic on this road”. He noted the main purpose of this surface treatment is to make it passable and reduce dust. By considering this resolution, the Board is committing for the next foreseeable future (at least 20 years) that this, and future Boards, will not rezone property that could dramatically affect the road volumes on that particular road. Mr. Coffield also mentioned that Chairman Wills had had this road on his list for Revenue Sharing and committed half of that Revenue Sharing out of his infrastructure. According to VDOT, if this resolution is adopted tonight, the project will probably occur this summer.
Mr. Karaffa moved, seconded by Mr. Shull, that the Board adopt the following resolution:
RESOLUTION
WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Augusta County, Virginia (“Board”) desires to consider whether Route 830 (Stonewall LN), From: Route 340 To: 0.33 miles east of Route 340 should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the public has been made aware that this road may be paved with minimal improvements; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board’s six-year plan for improvements to the secondary system of state highways.
NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Local Manager for the Virginia Department of Transportation concur in this designation.
BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Local Manager for the Virginia Department of Transportation.
Chairman Wills noted that this was a short piece of road off of Route 340. He noted that it was a high-traffic road and that it is the only unpaved road within approximately 3-4 miles; therefore, maintenance does not occur very often.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
BARKING DOGS ORDINANCE
The Board considered an ordinance to enact Section 15-9 to the Augusta County Code to declare that the howling or barking of dogs for more than ten consecutive or non-consecutive minutes in any 30-minute period of time between 12 midnight and 6 a.m. on property zoned Single Family Residential, Attached Residential, Multi-family Residential, Manufactured Home Park, or Planned Unit Development shall constitute loud, disturbing and unnecessary noise and constitute a violation of the County Code. This ordinance will also amend Section 15-11 of the Augusta County Code by providing that the fine for violating Section 15-9 will be a fine of $100 for the first offense, $250 for the second offense in a year, and $500 for the third and subsequent offenses in any one year. This item was tabled at the Board of Supervisors November 25, 2014 Regular Meeting.
Mr. Karaffa moved, seconded by Mr. Pyles, that the Board remove this item from the table.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
* * * Mr. Karaffa reminded the Board that this had been previously discussed that involved the Sheriff’s Department and being able to use them as a resource for notification. It had been determined that the Sheriff’s Department opined that the ordinance that had been discussed was unenforceable. The Sheriff’s Department had asked the Board to consider a previous version that involved allowing citizens to approach the Magistrate with a complaint and produce evidence and then be heard before the Court. The amended ordinance would include the hours of 12 midnight to 6:00 a.m.
Mr. Karaffa moved, seconded by Mr. Moore, that the Board adopt the following ordinance, as amended:
AN ORDINANCE TO ENACT
SECTION 15-9
AND TO AMEND
SECTION 15-11
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to enact an ordinance to add a section to the County Code to address unnecessary noises, to include the prolonged making of noise of various animals in Augusta County; NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 15-9 of the Augusta County Code is adopted to read as follows:
15-9. Unnecessary Noises Enumerated The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Article, but such enumeration shall not be deemed to be exclusive:
A. Barking Dogs 1. It shall be unlawful to own, keep, possess or harbor any dog on property zoned Single Family Residential, Attached Residential, Multi-family Residential, Manufactured Home Park or Planned Unit Development which by loud, frequent or habitual barking or howling or by other conduct likely to cause annoyance and disturb the peace and quiet of any person or neighborhood between the hours of 12 midnight and 6 a.m., which loud, frequent or habitual barking or howling or other conduct is heard or observed by any animal control officer, other officer or other person, shall be unlawful, and any such dog is hereby declared to be a public nuisance.
2. Any citizen having sufficient evidence of violation of one or more of the prohibitions set out in the section above may present such evidence and make affidavit to the Augusta County Magistrate and request issuance of a summons or warrant based thereon. Corroboration of the alleged violation by the sheriff’s department or the animal control officers shall not be necessary in order for a citizen to pursue a summons or warrant against another person for such violation.
In no event shall this section be construed as a limitation or restriction of any person's right to access the courts or to seek the abatement of violations of this article by any lawful means.
Be it further resolved by the Board of Supervisors for Augusta County that Section 15-11 of the Augusta County Code is amended to read as follows:
§ 15-11. Penalties and violations.
A. Any person who violates Section 15-9 of this article shall be fined $100 for the first offense, $250 for the second offense within a twelve month period, and $500 for the third and subsequent offenses within a twelve month period.
B. Any person who violates any other provision of this article shall be deemed to be guilty of a class II misdemeanor.
C. Each day of violation of any provision of this article shall constitute a separate offense.
D. The person operating or controlling a noise source shall be guilty of any violation caused by that source. If that person cannot be determined, any owner, tenant or resident physically present on the property where the violation is occurring is rebuttably presumed to be guilty of the violation.
This ordinance shall become effective January 1, 2015.
Vote was as follows: Yeas: Karaffa, Wills, Moore, Bragg and Pyles Nays: Pattie and Shull Motion carried.
WAIVERS/VARIANCES – NONE
CONSENT AGENDA
Mr. Karaffa moved, seconded by Ms. Bragg, that the Board approve the consent agenda as follows:
MINUTES
Approved minutes of the following meetings:
Staff Briefing Meeting, Monday, November 24, 2014 Regular Meeting, Tuesday, November 25, 2014
CLAIMS
Approved claims paid since November 12, 2014.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following issues:
Mr. Pyles:
1. Merry Christmas to everyone!
2. Thank you to Chairman Wills – “It’s been a challenging year!” Dr. Pattie:
1. Merry Christmas to everyone!
2. CSPDC meeting (Monday night) – Internet survey is going to be discussed – asked if Board would be interested in hearing one of the members talk about the survey application for a Federal grant to be sent out to each homeowner in the area to get better data.
Ms. Whetzel added that she was at a Committee meeting and that the PDC did mention that that grant was available. It is open until mid-January.
Information has been e-mailed to her for review.
Mr. Pyles asked if Ms. Whetzel will be surveying citizens in Deerfield. Ms. Whetzel said that she has received a map of the area and addresses will be provided for mailing.
Mr. Shull:
1. Merry Christmas and Happy New Year to everyone!
2. Joint meeting with School Board went well.
Mr. Karaffa:
1. “End of third year- going into our final year!” Meeting with School Board went well. Thank you to Chairman Wills for his service. Thank you to Vice- Chairman Shull for his service. “Great year—lot of good work!” 2. Merry Christmas to everyone!
Mr. Moore: Hopes that everyone have a safe holiday.
Ms. Bragg:
1. Stuarts Draft lights are now lit.
2. Wonderful Holiday Season to everyone!
3. Christmas Parade in Stuarts Draft – Saturday at 5:00 p.m.
Chairman Wills:
1. Merry Christmas!
2. Thank you to staff and members of the Board for their working with him this year. “It’s been a busy year. It’s been a little bit challenging.” 3. Seen accomplishments with Economic Development and seen progress with everything that the Board has been working on.
4. Meeting with School Board was very productive. “Hopefully, that will move things along in the future.”
MATTERS TO BE PRESENTED BY STAFF
Staff discussed the following:
1. CATS – consultants to review how best to better market this public service 2. Treasurer and Commissioner of Revenue Departments – stressful for the last two weeks for staff – “Impressed with Treasurer’s office in handling public – all money has been processed and ‘in the bank’.” 3. Regional Department of Social Services – legal counsel to be considered for Child and Adult Protective Services. To be reviewed in January.
4. Mill Place Commerce Park Tank – Ms. Glover provided a design for the Board’s review and asked for direction. She felt that this was a simple design but would stand out based on the location in the Park. It would be more beneficial for the people driving in the Park but will not be seen from the Interstate. “This is a good way to show community pride for the folks that are located in the Park.” Mr. Pyles asked if the logo was only on one side. Ms. Glover said it is one-sided facing the Park entrance. The cost would be approximately $10,000. Ms. Glover added that “this helps build the identity of Mill Place Commerce Park even if you can’t see it from the Interstate”. Mr. Moore added that it would also draw attention to the fact that there is fire protection at the Park. It was the consensus of the Board for staff to proceed.
5. Mr. Fitzgerald mentioned the following:
a. Dominion Pipeline meeting (Special Board Meeting) has been rescheduled to February 4, 2015, at 7:00 p.m. (previously, it had been considered for February 18th).
b. FERC public meeting application date not given – should be sometime late in February.
c. Backyard Chicken Ordinance – clarification that this will not be considered in Planned Unit Developments (PUD) zoning (such as Teaverton, Spring Lakes, and Stone Valley) because they have separate ordinances, not the Augusta County ordinance. In order for those subdivisions to allow chickens that would follow the County Code, they would have to change their ordinance. The Homeowners Association is responsible for such ordinances. If it is not addressed in their ordinance, it is not allowed. The Board of Supervisors would have to approve amendment of any ordinance for the PUD zoning. It was further explained that if any subdivision had a Homeowner Association, backyard chickens can be prohibited. Mr. Karaffa asked for a list of the PUD areas.
d. MPO Policy Board – approved addition of Weyers Cave to the MPO area.
6. Chairman Wills reminded the public of the Organization Meeting to occur on
CLOSED SESSION
On motion of Mr. Shull, seconded by Ms. Bragg, 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 real property exemption under Virginia Code § 2.2-3711(A)(3) [discussion of the acquisition for a public purpose, or disposition, of real property]:
A) MRRJ
On motion of Mr. Karaffa, seconded by Mr. Shull, the Board came out of Closed Session and adjourned subject to the call of the Chairman.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles 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: Pattie, Karaffa, Wills, Shull, Moore, Bragg and Pyles NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
ADJOURNMENT
There being no other business to come before the Board, Mr. Karaffa moved, seconded by Mr. Shull, the Board adjourned subject to call of the Chairman.
Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.
Chairman County Administrator H:12-10min.14
