Regular Meeting – February 9, 2011
Regular Meeting, Wednesday, February 9, 2011, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Jeremy L. Shifflett, Chairman
Wendell L. Coleman, Vice Chairman
Gerald W. Garber
Larry C. Howdyshell
David R. Beyeler
Tracy C. Pyles, Jr.
Nancy Taylor Sorrells
Patrick J. Morgan, County Attorney
Timmy Fitzgerald, Director of Community Development
Jennifer M. Whetzel, Director of Finance
John C. McGehee, Assistant County Administrator
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, February 9, 2011, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 235th year of the Commonwealth….
Chairman Shifflett welcomed the citizens present.
The following students at CSVR Governor’s School, led us with the Pledge of Allegiance:
Lauren Tabor, a Junior at Fort Defiance High School, is interested in Environmental Science and plans on being in classes of Physics, Environmental Chemistry and Natural Resources while being on the Environthon team.
Carter Moore, a Senior at Wilson Memorial High School, is involved in Student Government, takes AP classes, and will be attending Virginia Tech to study Engineering.
He is also on the soccer team.
Danielle Williams, a Senior at Waynesboro High School, studies Theater at Shenandoah Valley Governor’s School. She is also a member of Student Government and the Debating Club at Waynesboro and will be a Theater major at James Madison University.
Emily Kellington, a Senior at Wilson Memorial High School, is a four-year letter of indoor and outdoor track and will be attending Blue Ridge Community College in the fall for Criminal Justice to be a police officer.
Larry C. Howdyshell, Supervisor for the North River District, delivered invocation.
MATTERS TO BE PRESENTED BY THE PUBLIC – NONE
VHDA – HOUSING CREDITS
The Board considered request by applicant for County endorsement of rental project.
Crescent Development Group, LLC – Myers Corner 54 units Timmy Fitzgerald, Director of Community Development, advised that after meeting with the developers, they have asked that this be deferred to the next meeting (February 23rd).
Mr. Coleman moved, seconded by Mr. Beyeler, that the Board defer this item until February 23, 2011.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
MIMO’S BAR & GRILL – DANCE HALL PERMIT
The Board considered a request for a Dance Hall Permit for the Mimo’s Bar & Grill located in Verona (Beverley Manor District).
Rita Austin, Executive Secretary, reported that an application for a dance hall permit had been submitted and all requirements had been met. Patrick J. Coffield, County Administrator, added that the County Code requires that original (first-year) application is to be approved by the Board; thereafter, the applications can be approved administratively.
Mr. Coleman moved, seconded by Mr. Beyeler, that the Board approve the request.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
LANDFILL MANAGEMENT AGREEMENT
The Board considered amendments to Management Agreement between owners (Augusta County, Waynesboro and Staunton) and the Augusta County Service Authority for operation of Regional Landfill.
Mr. Coffield reported that the amendments to the Management Agreement are basically a housekeeping matter. He noted that it has been a successful regional relationship for over 20 years. Greg Thomasson and Jerry Martin were available to answer any questions. He commended the Landfill for being efficiently run and an excellent resource to County and City residents, Businesses and Industry. It is compliant with DEQ and EPA. Because of recent operational changes, the life of the current cells have been extended. Originally, the Landfill’s life cycle was to be 2026/2027; now, it is 2030+. The economy has had some impact with volume; but the operation has been greatly improved with increased compaction and better daily cover. Some other jurisdictions require their industries and businesses to haul their trash to Richmond.
Mr. Howdyshell added that there has been at least 2 ½ years added to the old cell due to the compaction, technology, how it is covered, and good management.
Mr. Pyles added that when the agreement was entered, it was not working out as fairly for the County as it could. By extending the life, it makes it a better program for the County because the County was losing on the capital investment. When it can be extended, it spreads out the cost longer, and saves the region a significant amount of money.
Mr. Beyeler moved, seconded by Mr. Howdyshell, that the Board approve the amendments.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
RIVERHEADS FIRE AND RESCUE STATION
The Board considered PPEA contract amendments.
Patrick J. Morgan, County Attorney, advised this involves an amendment to the contract concerning the construction of the Riverheads Fire Station. The job is near complete, but there are a few things remaining that may not be completed for a while; i.e., the final paving. In order to get the Fire Station working, the amendment will allow closing on the structure and escrowing money to take care of those things needed to be completed.
Mr. Morgan added that two issues are to be considered: 1) Amount to be retained for final Certificate of Occupancy; 2) Percentage of the work necessary to complete the Bulk Water Distribution facility—amount to be retained until completion.
Mr. Garber moved, seconded by Ms. Sorrells, that the Board retain double the amount that is listed ($32,062), which would be $$64,000; and, in regards to the Bulk Water, pay 50% of $44, 115, which would be $22,000 until the work is completed.
*NOTE: Contractor requested withholding $36,900.
Vote was as follows: Yeas: Howdyshell, Sorrells, Garber, Beyeler, Shifflett, Pyles and Coleman Nays: None Motion carried.
WAIVERS/VARIANCES – NONE
CONSENT AGENDA
Ms. Sorrells moved, seconded by Mr. Coleman, that the Board approve the consent agenda as follows:
MINUTES
Approved minutes of the following meetings:
• Staff Briefing Meeting, Monday, January 24, 2011 • Regular Meeting, Thursday, January 27, 2011
CLAIMS
Approved claims paid since January 12, 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: Census population numbers – expressed concern in “keeping communities together”. He had previously suggested that the Planning District Commission look at this because they would be more objective.
When input is requested, how do you determine a community? He realized that school districts are not magisterial districts, but felt that school districts are a community aspect to be considered. School districts and fire districts need to “fit together as some sense of community because we’re going to have to mess with a lot of things to make this all work and to be rational and understanding to people.” Mr. Howdyshell: Riverheads Fire Station – requested a report as to the start-up accounting of $167,000.
Ms. Sorrells: Census population numbers – Questioned the population figures for Beverley Manor district. Mr. Coffield stated that the District does reflect the increase due to Jail and Spring Lakes Subdivision but was tempered due to family size reduction in older, graying subdivisions.
Mr. Garber: Census – “I find it very amusing that one of the largest growth areas occurred during the seven years of the tenure of the most anti-growth board member this Board has ever seen.”
MATTERS TO BE PRESENTED BY STAFF
Staff discussed the following:
1. John McGehee: “Unofficial House-Senate Comparison” distributed to Board.
Noted that the Machinery and Tools Bill was defeated in the House; ABC issue is dead unless the Governor reintroduces a Bill; Line of Duty issue date of decision has been delayed for a year (not clear on funding). Many Bills have been revised and are more favorable. Mr. McGehee appreciated the attendance at Legislative Day. Mr. Beyeler asked about the funding for the dam safety. Mr. Coffield advised that State wording was being changed to allow not only State dams and conservation dams, but dams in jurisdictions which have Federal approval. That would encompass Augusta County and one other jurisdiction.
“We could be permitted to use the bond money that is already in the State account.” Mr. McGehee added that it was put in but did not end up on the House side in the final budget; however, it is on the Senate side. Ms. Sorrells asked that the Board be made a copy of the VACo information regarding the budget impact of State Aid Policy Changes on Localities. She noted that that impact for Augusta County was over $1.2 million and would equal almost 2.5¢ on the real estate tax.
2. John McGehee: Staunton Augusta Rescue Squad (SARS), Waynesboro First Aid Crew (WFAC) and Yancey Fire Department agreement for putting a rescue squad unit at the Yancey building was finalized and implementation date is Sunday, February 20th, at 6:00 a.m.
3. Jennifer M. Whetzel, Director of Finance: Budget Survey was placed on the website Friday (February 4th); Press Releases sent out; 429 responses received and distributed to the Board. If continually receiving large quantity of responses, Ms. Whetzel will be giving to the Board on a weekly basis, or at every Board meeting, for review before receiving the Budget book in March.
4. Virginia Byway Designation of Route 11 – Rockbridge County has shown an interest to reinitiate designation and asked for our support. May 24, 2006 minutes reflect that Board supported contingent upon not affecting impact road funding, and economic development.
5. Preston Yancey update distributed to Board.
6. Mr. Beyeler asked for the most recent Revenue Sharing quarterly report.
CLOSED SESSION
On motion of Mr. Coleman, seconded by Mr. Howdyshell, 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) Off of Route 11 on Government Center Property in Beverley Manor District On motion of Mr. Beyeler, seconded by Ms. Sorrells, the Board came out of closed Session.
Vote was as follows: Yeas: Howdyshell, Garber, Beyeler, Sorrells, 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.
SHENANDOAH VALLEY JUVENILE CENTER
Mr. Howdyshell moved, seconded by Ms. Sorrells, that the Board approve the sale of 1.12 acres @ $89,285.71 an acre totaling $100,000.
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. Coleman moved, seconded by Mr. Howdyshell, 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 h:2-9min.11
