Regular Meeting – November 12, 2014

Regular Meeting, Wednesday, November 12, 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, November 12, 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.

Thai Wright and Stephanie Long, 12th graders at Wilson Memorial High School, led us with the Pledge of Allegiance.

Thai plans on attending a 4-year university based on athletic preference. Currently, he is involved in football.

Stephanie plans on attending the University of Virginia majoring in Political Science.

Marshall W. Pattie, Supervisor for the North River District, delivered invocation.

Chairman Wills welcomed Boy Scouts of America Troop 81 of Crimora who were present working on their Citizenship badge. He asked them to identify themselves to the public.

MATTERS TO BE PRESENTED BY THE PUBLIC – NONE

SHENANDOAH NATIONAL PARK

The Board received an Annual Report by Superintendent Jim Northup.

Superintendent Jim Northup stated that he had pledged to the Board last year that he would provide an annual visit to the Board with an update on the major happenings in the Shenandoah National Park. He is in the process of visiting with the Board of all eight counties that border the Park. He noted that visitation is currently up 13% over last year even with the Park being closed for 16 days during the Government shutdown. He anticipates that by the end of the year, they will reach the normal visitation of approximately 1.2 million visitors, which has been consistent for the last decade. The Park continues to be a “huge economic engine for the region”. The latest study indicates that those 1.2 million visitors spend over $72 million annually in the local communities surrounding the Park and that the presence of the Park in the communities supports over 1,000 jobs. They also send a lot of business to local contractors through a wide variety of work taking place in the Park.

The Park continues to be a major contributor to the local economy. He was delighted to announce that Shenandoah National Park was featured in a special edition of National Geographic Magazine, entitled “the Greatest Parks in the World”. He added that they are continually making improvements in the Park that should be highly visible to Park visitors.

These include new orientation information shelters near the Park entrances, new trailhead information signs in all the Parks, new wayside exhibits and some major improvements in the condition of concession facilities. The new Concessioner, Delaware North Parks and Resorts, has completed a $1.4 million upgrade of 48 rooms at Sky Land and Big Meadows lodges. This winter, they will be upgrading all of the public restrooms and shower facilities at the lodges and the waysides. Next year, they will undertake a major renovation of the wayside at Big Meadows, which will provide a nicer experience for Park visitors. They are also applying fresh paint and sprucing up the historic structures. There have been several special events in the Park this year: 1) the release by the U.S. Mint of the Shenandoah National Park quarter; and 2) the year-long celebration of the 50th Anniversary of the Wilderness Act, “which is the federal program that permanently protects certain portions of federal land from any future development and provides the American public with outstanding opportunities for non-motorized recreation, physical challenge, quiet and solitude”. He added that 40% of Shenandoah National Park is congressionally designated wilderness, which given the land use history within the Park is a great conservation achievement. He noted a successful “Good Neighbors Day” event in June at Big Meadows, including setting up the community tent. He expressed appreciation of the participation of all partners and neighboring counties. He mentioned challenges in the Park: 1) “Emerald Ash Borer,” which is the invasive insect that will kill ash trees; 2) “Feral Hogs,” in counties near the Park, including Culpeper County, which will do tremendous damage to the vegetation in the Park; and 3) “Chronic Wasting Disease,” which is a disease that impacts the whitetail deer population. This program would include the limited lethal removal of deer within some of the Park’s developed areas to try to prevent the disease from becoming established or spreading through the Park. He believes this disease has the potential to have a devastating impact on the whitetail deer population in the Park and the surrounding area.

A series of public meetings will be held about chronic wasting disease. As part of a nationwide review of the entrance fees charged at National Parks and an effort to make those fees more consistent, the Director of the National Park Service has asked every park to review their current fee structures and bring their entrance fees into compliance with other parks in their peer group by 2017. As part of that process, they are reviewing their fees. In December a proposal for revised entrance fees for the Park will be created and a series of public meetings will be held for discussion of the proposal. He reminded the Board that 2016 is the “centennial of the establishment of the National Park Service, the system that we all enjoy as Americans, that now contains 401 individual units from Yellow Stone to the Flight 93 Memorial to Shenandoah National Park. This Centennial provides us with an outstanding opportunity to highlight Shenandoah and the entire region and what a wonderful area it is and to connect with the next generation of Park stewards and supporters! We look forward to working with all of our surrounding communities.” He ended by expressing thanks to the Board for its support.

Chairman Wills added, in regard to the Centennial, he noted Celebrate Shenandoah, which is represented by Rebekah Castle and Carolyn Bragg.

TOWN OF CRAIGSVILLE LANDFILL

The Board considered conveyance of County’s interest in landfill to Town of Craigsville to allow for closure per DEQ requirements.

Patrick J. Morgan, County Attorney, advised that the Town of Craigsville is trying to close a landfill but that there are a few minor things needed before permanent closure. A deed noting restrictions needs to be recorded in case the property is ever sold. During this process, it was noted that the County still owns half of the landfill. Because this involves real property, a public hearing is required before the property can be deeded to the Town of Craigsville. He noted that this only needs to be advertised one week and could be heard at the next meeting.

Mr. Pyles moved, seconded by Dr. Pattie, that the Board approve the request.

Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.

Mr. Morgan added that a question had been asked if there were any additional fees that Augusta County would be responsible for; it was determined that the County would be responsible for another $20,300 (50% would be $10,150). Mr. Coffield added that this has been included in the budget CIP Account #80000-8005.

Mr. Moore referred to November 24th as the deadline for testing. Mr. Coffield said everything was in compliance.

DMV ANIMAL FRIENDLY LICENSE PLATES

The Board considered allocation of funds from DMV ($1,605) to support sterilization programs for dogs and cats. This proposal will carry over to the Department of Taxation contributions of tax refunds.

Jennifer Whetzel, Finance Director, reported that the Department of Motor Vehicles sells Animal Friendly license plates which is issued to supporters of dog and cat sterilization programs at a cost of $25 per year in addition to the prescribed fee for vehicle registration.

Each locality has to certify annually that this money will be used to support sterilization of dogs and cats. There is also some tax return money, where on your income taxes, you can designate that funds go towards this type of program. Before the Board tonight, there is $1,605 to be allocated towards the program. Along with that, this will carry over to the Department of Taxation contributions of tax refunds (unknown this year, last year was $310). The recommendation is to allow funding to go to the Shenandoah Valley Animal Services Center.

Mr. Karaffa moved, seconded by Mr. Shull, that the Board approve Ms. Whetzel’s recommendation and select Option 1.

Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.

WAIVERS/VARIANCES

Timmy Fitzgerald, Community Development Director, displayed property on Elliott Street in the Pastures District. Lots 1 through 6 were shown where Mr. Campbell plans on building homes. Lots 2 through 6 are in need of a pump system to pump the sewage up to the public system. He noted an easement that would run up to the public sewer system and connect into the Service Authority system. Mr. Campbell is working on Lot 6 and brought to the Community Development a request for a sewage system which included an engineered system for review. Chapter 11-12B of the Augusta County Code refers to Sewage Effluent Pump Systems and requires the applicant to meet the standards that are approved by the Board of Supervisors. The last amendment to the standards was July 24, 2002. Mr. Campbell’s application met the Building Code requirements and all requirements of the standards, with the exception of the tank size. A permit was issued; however, an inspection was made and it was determined then that the tank size did not meet the requirements. When the Plan Review occurred, the tank size was not noticed.

The tank size that Mr. Campbell is providing is 118 gallons, while the Augusta County standards require a tank size of 900 gallons for a 3-bedroom house. The unit would have a reserve capacity in excess of 52 gallons after the alarm sounds notifying the owners of a problem. After speaking with the Service Authority and the Health Department, it was determined that the Health Department has two standards to consider: 1) SCAT regulation, which is controlled by the Department of Environmental Quality, indicates that a grinder pump system should have a minimum tank size of 60 gallons. 2) On-site sewage regulation, which has a requirement that the storage capacity above that high level alarm would be ¼ of a day’s capacity. The Health Department figures that the usage at a 3-bedroom home is 450 gallons daily; ¼ capacity would be approximately 112 gallons. This would still not meet the standard in place today because of the tank size requirement. It would meet the requirement of pumping station wet-wells, which is the ¼ of a day’s storage. The tank that Mr. Campbell would like to use is smaller. The largest tank capacity that Mr. Campbell has provided information on is 165 gallons, which would allow about 94 gallons above the high level alarm. Tonight’s request is that the Board waive the current standard to allow for this type of system to be installed on Lots 2 through 6.

Ricky Campbell, of Parkersburg Pike, LLC, reiterated Mr. Fitzgerald and added, in order to obtain a Building Permit, you had to have an engineered system. That is what he had done thinking that he was following Augusta County regulations. He noted that, since 2002, new products and systems have been made available to address these issues. He emphasized that a system has already been installed in the ground and would be difficult to remove. He noted that additional piping to the house would allow 54 to 64 gallons to be added for holding capacity. He mentioned that SCAT was more for commercial usage.

He noted that 450 gallons of daily usage does not usually occur. He suggested referring to the Service Authority records to determine an average daily usage. He stated that this tank is superior to what has been used previously. He noted that the current ordinance was written according to Health Department regulations and that the 900 gallon holding tank was in a rural environment and was not set for an Urban Service Area. The primary concern is loss of power and/or the pump not working. He did not feel a 165 gallon tank would be feasible from a cost standpoint. Instead of adding more volume, he suggested that the ordinance should be amended to have a generator hook-up required.

Mr. Moore referred to the 165 gallon tank, and expressed concern of the alarm capacity, and asked about the cost difference. Mr. Campbell said the cost difference would be $2,000.

Mr. Shull asked what the cost of Mr. Campbell’s unit was; Mr. Campbell said it was a little over $4,000. Mr. Shull asked if there was any other research before installing this unit.

Mr. Campbell said he said that he had. There are many pump systems available.

Manufacturers have built a lot of affordable models that make it easier to install, cost- effective, easy to operate, and parts are readily available. Mr. Shull noted that he has been installing systems for 25 years and said that Rockbridge County has a subdivision with a similar situation. The Service Authority put in a septic tank and a pump tank and pumped the water back to the sewer line. He looked at some costs for this procedure and determined that it would cost approximately $3,500. He expressed concern with having a major snow storm and sewage backup. He noted that the Health Department recommended storage and that the Service Authority would like to have additional storage. “I think you want to build a quality home that the homeowner can have faith in that everything is working for a long time. Wouldn’t you feel better to have additional storage to have something to depend on?” He noted that a pump tank would allow approximately two days of storage. He recommended that pump tanks be installed on the other lots. He noted that the grinder pumps were efficient but that most commercial operations use two pumps, one being a back-up pump. He felt that it would not be cost- effective to do that on these lots. He suggested that Mr. Campbell look at something that would be more feasible, cheaper, and much more dependable because a pump that pumps water would last longer than a grinder pump and be more efficient.

Mr. Campbell said that the costs that Mr. Shull had mentioned would be too costly. Each of the tanks that he had mentioned would be too large for the property. The tanks that Mr. Campbell are using are for small areas and do not have space enough for two pump tanks. He agreed that the effluent pump would last longer because it is only pumping water, but the homeowner has to bear the burden of pumping that tank at least every two years, which would be an additional cost to the homeowner. He quoted usages for different appliances and noted that the tank is appropriate.

Mr. Karaffa admitted that he was non-versed in terms of sewage systems and of engineered septic systems. He suggested that this ordinance be reviewed. He asked Mr. Fitzgerald what the Building Inspector said about the system. Will this system, currently in the ground, do the job? Mr. Fitzgerald said that it does meet the Uniform Building Code; the difference is that it does not meet the Augusta County Code standards.

The question is how much storage is needed. In 2002, the Board felt that the Code should be the same as the Health Department regulations, which required a larger tank size and a ¼ daily storage. From the Building Inspection standpoint, it meets the Building Code.

He mentioned that the Health Department requires a ¼ daily storage and the Service Authority feels it should allow for a full day of storage above the alarm, which is 450 gallons.

Chairman Wills asked if this was on public water. Mr. Fitzgerald said it was.

Mr. Pyles said that he was looking forward to having houses built in that area; although, he did have concern with the roads that do not meet VDOT standards. He explained that in 2002, the Board did the same as what the State regulations were because they were told that they could not go greater than, or less than, State regulations. He felt that if the Code needed to be updated, than it should be done. As far as Lot 6, that waiver should be granted. The tank had been installed in good-faith, but the other area should not be affected.

Mr. Pyles moved, seconded by Mr. Karaffa, that a waiver for Lot 6 only be approved.

Chairman Wills concurred with Mr. Pyles. His concern was being on well water caused problems; whereas, public water allowed pressure. Mr. Pyles’ comment on the road caused concerns as to inclement weather and access to the property. Chairman Wills suggested that a generator be considered for Lot 6.

Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.

* * * Mr. Moore noted that the Ordinance Review Committee was meeting next Monday, November 17th.

Ms. Bragg asked if Mr. Campbell has started construction on the other five lots. Mr. Campbell said the lots have been cleared and the water and sewer piping has been installed. He added that his company paved the road on Elliott Street. Mr. Pyles noted that it is not a public road and is not VDOT standard. Ms. Bragg asked if the 165 gallon tank could be used for the other lots. Mr. Campbell said he could.

Mr. Shull asked the size of the piping that has already been installed. Mr. Campbell said it was the standard sizing (2 inch, schedule 80).

Mr. Pyles moved, seconded by Mr. Shull, that the Board refer this item go to the Ordinance Review Committee for review to determine if the standards needs to be updated and to consider any changes by the Health Department or experiences that have occurred in neighboring counties.

Mr. Morgan noted that this would not have to go to the Planning Commission before coming back to the Board. Mr. Fitzgerald said it would not require a public hearing. It was suggested that this item would be discussed at the December meeting (December 10th). Mr. Moore suggested that Mr. Fitzgerald specifically ask the Health Department about these models that are being considered and if they would meet the Health Department standards. Mr. Fitzgerald said they have already spoken with the Health Department about these tanks and felt that it would be advantageous to have the Health Department attend the Ordinance Review Committee for further discussion.

Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.

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, October 20, 2014  Regular Meeting, Wednesday, October 22, 2014

CLAIMS

Approved claims paid since October 8, 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. Karaffa: Schools – had discussion with Dr. Bond, Superintendent of Augusta County Schools, concerning the 10-year Plan. Very productive meeting.

Encouraged Board members to meet with Dr. Bond. Mr. Karaffa has had a 3-hour meeting with his counterpart. It was also very productive. “Ready to have a conversation on a larger scale with the complete Boards to move forward.” Mr. Moore: MPO meeting – discussed expansion of the map area to include Weyers Cave. MPO Policy Board had questions concerning Comp Plan land use and referred the request to the MPO TAC Committee. The MPO Policy Board expects to discuss again at their December meeting.

Ms. Bragg:

1. VACo meeting – Very educational!

2. NIBCO Celebration – Earned Superior Safety Award 3. Celebrate Shenandoah meeting tomorrow 4. Will be meeting with School counterpart on Monday 5. Exit 91 – pleased with crossing the new bridge!

Mr. Pyles:

1. VACo meeting (5 sessions) a. Finance – Education/finance issues b. State funding/broadband c. Fracking d. Hot environmental issues e. Pipeline – “no authority to help the people” 2. FERC meeting – November 6th – good and well-received. Also, went to Senators’ office to participate in a video conference. A report on geological and hydrology conditions from Emery & Garrett Groundwater Investigations, LLC, was provided to them. This report went into great detail about how water quality and quantity could be affected. This report cost $7,800; Mr. Pyles offered to pay $4,000 towards this cost out of his infrastructure account and suggested that this could be discussed at a future meeting. Mr. Pyles had suggested aligning the pipeline with the overhead transmission lines. Mr. Moore agreed with Mr. Pyles and asked what FERC’s response was to that. Mr. Pyles said that their charter states that must be considered. There are several options. In regards to Mountain Valley, it makes sense to use what is already opened. FERC is aware of it and will consider.

Dr. Pattie:

1. VACo – commonsense with the new ethics law. He asked Mr. Morgan for a briefing on the changes.

2. School Board counterpart – already met with him.

Mr. Shull: VACo meeting – Good meeting!

Chairman Wills:

1. VACo meetings a. Legislative Package – stormwater is in final package b. Pipeline – local governments be identified as partners c. Additional money for support staff in Northern Virginia – utilizing land use values 2. Schools – After Shared Services meeting, met with Mr. Collins and Dr. Bond. It was the consensus of the Board to consider a joint meeting on Wednesday, December 3rd, beginning at 6:00 p.m. to 10:00 p.m. in the South Boardroom. It was suggested that sandwiches be available prior to the meeting. Chairman Wills asked that topics derived from the counterpart meetings should be submitted to him to create a priority agenda so that it can be provided to the Board in advance of the meeting.

3. Shared Services meeting – information distributed to Board. Additional notes will be forthcoming. He commended staff for their ability to work together and find ways to “efficiently serve our public”.

MATTERS TO BE PRESENTED BY STAFF

Staff discussed the following:

1. Assistance to Firefighters Grant (AFG) Opportunity Fire Chief Carson Holloway informed the Board that application period began on November 3rd and will run through December 5th. The projected awards start date is March 9, 2015 and should be completed by September 21, 2015. The maximum amount for application is $1 million. He recommended that they be allowed to apply for the SCBA (Self Contained Breathing Apparatus to replace existing equipment that has exceeded a life expectancy of 10 years and has had two N.F.P.A. standard revisions since its procurement in 2002. The total of the request would be at or below the allowable cap of $1 million and the County share would be 10% of the request, not to exceed $100,000, which is already in the CIP account. It was the consensus of the Board to move forward with the grant.

2. SAFER Grant – Fire Chief Holloway advised that they have been notified that is not going to open up until after the first of the year and will be handled separately.

3. State Funding/County Funding – discussed after Shared Services meeting.

4. Local Government Mandate Review – a. Reinstate the requirement that bills resulting in a net expenditure and/or net decrease in revenue for local governments be filed on or before the first day the legislature convenes; b. Eliminate the “Local Aid to the Commonwealth” program whereby cities and counties are issued revenue reductions by the Virginia Department of Planning and Budget for specific programs; c. Eliminate the confiscation of local fines and fees; d. Oppose any efforts to restrict local revenue authority, such as eliminating the Business, Professional and Occupational License tax and the Machinery & Tools tax; e. Return funding for the Line of Duty Act program to the State; and f. Require the State to fully fund the monthly health insurance credit for retired teachers.

Another concern is six unfunded SOQ standards totaling $208.2 million for K- 12 education that cities and counties must pay for annually.

Most costly:

 Provide a full-time assistant principal for every 400 students in a school ($70.6 million)  Provide a reading specialist for every 1,000 students in K-12 ($51.3 million  Provide a math specialist for every 1,000 students in K-8 ($35 million); and  Reduce the speech-language pathologist caseload from 68 to 60 ($51.3 million).

Mr. Pyles added that he had learned from VACo that the State charges a fee when the County uses their procurement. Ms. Whetzel said that the vendors pay a fee to use the State system. Chairman Wills added, in regard to State budget, there were two other items that the County needs to be aware of: 1) At the end of each year, there is something in the budget to pay off the fourth quarter of the Prisoner reimbursement back to the localities. Ms. Whetzel said a little over $1 million has been budgeted. If bed rentals are higher, more money will be withheld by the State. 2) Spouses of Veterans killed in action – need to be followed closely.

5. Virginia Resources Authority – Jail Bond and Mill Place Water Tank – executed documents today.

6. VACo committees – Asked Board if they wanted to remain on their current assignments. If not, please inform Mr. Coffield or Ms. Austin before December 31st. 7. Expo Property – referred to November 24th Staff Briefing at the last meeting (October 20th). Request has been made to discuss at January Staff Briefing.

8. Route 636 – Naming of Bridge – Mr. Fitzgerald updated the Board on Route 636.

Will probably be opened mid-February depending on weather. There is asphalt to the bridge; bridge has deck poured; pedestrian paths being worked on. Ribbon cutting ceremony after completion. At the last meeting, the Board challenged staff to look at an opportunity to do something in memory of Dennis Burnett.

Suggestions have been given to Mr. Fitzgerald that the bridge on Life Core Drive be named Dennis Burnett Memorial Bridge. He would like to present a resolution at the next meeting (November 24th).

Mr. Pyles moved, seconded by Dr. Pattie, that the Board authorize staff to draft a resolution.

Vote was as follows: Yeas: Pattie, Karaffa, Shull, Wills, Moore, Bragg and Pyles Nays: None Motion carried.

* * * 9. Pipeline Schedule (rezoning process) – information circulated to Board to decide on three options. Chairman Wills asked that the Board sit down with staff and counterpart with the Planning Commission to determine the best option at the next meeting (November 24th). Chairman Wills hoped that this process “will encourage Dominion to be an active partner in what we’re doing”.

Mr. Fitzgerald added that the pipeline will be viewed on December 15th. A report will be finalized by January 30th.

Chairman Wills added that an update of the Comp Plan had been planned for the end of this year but as of right now, that has been put on hold until after the pipeline discussion. Mr. Fitzgerald said the Comp Plan was presented to the Planning Commission last night (November 11th). The Planning Commission recommends that the Board hold a joint worksession to review the Comp Plan before scheduling a joint public hearing.

CLOSED SESSION

On motion of Mr. Shull, seconded by Mr. Karaffa, 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) Advice from Counsel On motion of Mr. Karaffa, seconded by Ms. Bragg, 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 Ms. Bragg, 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 H11-12min.14