Regular Meeting – October 25, 2017

Regular Meeting, Wednesday, October 25, 2017, 7:00 p.m. Government Center, Verona, VA.

PRESENT: Tracy C. Pyles, Jr., Chairman
Terry Lee Kelley, Jr., Vice-Chairman
Marshall W. Pattie
Michael L. Shull
Carolyn S. Bragg
Gerald W. Garber
Wendell L. Coleman
Timmy Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
John Wilkinson, Director of Community Development
James Benkahla, County Attorney
Angie Michael, Executive Assistant

VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, October 25, 2017, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 242nd year of the Commonwealth….

Chairman Pyles welcomed the citizens present.

The following senior class officers from Wilson Memorial High School led the Board of Supervisors in the Pledge of Allegiance:

Rennie Bowersox, Jr. is a senior at Wilson Memorial High School. He attends the Governor’s School and plans to go to a four year college after graduation.

Edward Harris is a senior at Wilson Memorial High School. He plans to attend a four year college and study Computer Science.

Terry Kelley, Supervisor for the Beverley Manor District, delivered invocation.

MATTERS TO BE PRESENTED BY THE PUBLIC

Alex Phillips is from Harrisonburg and is the owner of High Speed Link. High Speed Link is a fixed wireless broadband company that services Augusta, Page, Rockingham, Greene and parts of Shenandoah County with internet access. Mr. Phillips has been in the internet business since 1995 and employs nine people. In 2015 he was invited to a stakeholder meeting to hear a presentation from a consultant contracted by the County to do a needs assessment for telecommunication services in Augusta County. He was shocked that his company which has serviced Augusta County since 2008, was not listed as a provider. High Speed Link submits Form 477 data to the Federal Communications Commission every six months and it clearly shows the company services Augusta County.

Mr. Phillips realized that an analysis of the County broadband availability had not been done and there had only been a satisfaction survey for people in the area who use broadband. These types of surveys are typically answered by people that are unhappy with their current services. This shows that none of High Speed Link customers are dissatisfied and did not respond. In November 2016 Jennifer Whetzel sent him an email and others that attended the stakeholder meeting and asked for participation in the VATI Grant Program. Mr. Phillips responded immediately and voiced concerns about the DHCD not having a challenge process which could allow a competitor to apply for a grant to over build areas that his company currently covers and will be covering. He asked if there was process that he can challenge areas within the County that is currently provided with 10MB downloads and 3MB upload service. As well as areas his company will have online by the first quarter of 2017. In the email he also voiced concerns that his company would be slighted in the new DHCD process. Mr. Phillips received no response from this email from Augusta County. In April 2017 he was made aware that MGW Lingo Networks were awarded a VATI grant to build in the Middlebrook/Arbor Hill area. High Speed Link has serviced this area since 2008 and has customers in the area as well. He began a challenge process with the DHCD and is challenging the grant. The DHCD acknowledged that they did not follow the law set forth by the Virginia General Assembly. They did not work with the Broadband Advisory Council in determining if an area is unserved and they have acknowledged that the Arbor Hill/Middlebrook area designated by the MGW Lingo Network proposal is served per their own guidelines. The state and Augusta County have been on notice that the MGW Lingo Networks application is false. Certified reports and other documentation to that affect have been supplied to state agencies. The states money, $279,000.00, is at risk of a repayment by the County. This would force the entire payment to be paid out of County taxpayer funds. Since Mr. Phillips attended the 2015 Stakeholder meeting, where he was asked by Supervisor Pattie to invest in Augusta County, he has lit up three large coverage towers and three small towers. The fourth large coverage tower should be lit up and online in the next 45 days. This investment totals approximately a half million dollars in High Speed Link’s money. Having to protest this grant has been a kick in the gut. Time has been spent on legal resources, the equivalent of building out services to over 600 residents in Augusta County. Mr. Phillips will continue to fight this until it is resolved. High Speed Link is a small business. He addressed Supervisor Bragg by asking how she would feel if the Government decided to subsidize the competitors convenience store franchise next to hers. He addressed Supervisor Shull by asking what if the Government was subsidizing his competitor in the excavating septic system business. He addressed Supervisor Garber by asking how it sounds for the Government to help his competitor with subsidies for the farm equipment business. And finally he addressed Supervisor Kelley by asking where his job would be if the Government subsidized his competitor and the packaging company had to move to another area to stay in business. Mr. Phillips asked the Board to withdraw from the project. The project is antibusiness, corporate welfare and will chill investment in the County for most everyone.

Anissa Powers is President of Verona Community Association. She spoke on behalf of the parents and children of the VCA as well as parents of athletes at Fort Defiance High School. Ms. Powers gave a history of the Verona Community Association. The VCA has a positive relationship with Augusta County Schools which allows them to utilize some of their facilities for their programs that are offered. There are concerns regarding the use of Verona Elementary School. The first is what will happen to the ball fields which they have created and maintained for many years. The second concern is the use of the gym. The VCA is appreciative of being able to use the facility, but it is a temporary band aid. Fort Defiance High School does not have the facility to accommodate the student athletes.

Ms. Powers pointed out what other schools in the County have to offer verses Fort Defiance. Parents want to know why Fort Defiance has one of the highest enrollments in the County, but yet offers the least amount of facilities to accommodate athletics. She is aware that the same questions need to be raised to the School Board, but the money starts with the Board of Supervisors and she questions what the Board is willing to do to make sure Verona area children are afforded the same benefits as their peers throughout the County.

Dennis McLaughlin is the Vice President of the Verona Community Association. He feels that the organization is in jeopardy of losing the ball fields at Verona Elementary that they have worked very hard to provide for the youth in the Verona, New Hope and Weyers Cave areas. Mr. McLauphlin asked the Board to allow the organization to keep the ball fields permanently that they have developed.

Angela Cleveland was a part of Verona Community Association as a child. She would like for the Board of Supervisors to hear the concerns being presented and afford the youth the same opportunities that she was afforded. The opportunities to develop the skills that are needed to pass on to the high schools for the athletic programs. Without the ability to use the space and fields at Verona Elementary School and work together as a unit, the youth will suffer. VCA offers programs that the schools can’t offer to the community.

Felicia Roberts is a coach and cheerleading commissioner for the Verona Community Association. She is also concerned about the facilities that other schools in the County have to offer verses at Fort Defiance High School.

Ron Fugleman commended the people associated with the Verona Community Association. He appreciates what they do for his kids. The youth in the area need a place to participate in activities.

Mr. Pyles stated that due to the comments by the public the agenda item no. 10-19 will be the first item of business.

VERONA ELEMENTARY SCHOOL

The Board considered cost and funding of sub meter for gym lease.

Funding Source: North River P&R Infrastructure 80000-8023-41 $400.22 Beverley Manor P&R Infrastructure 80000-8021-56 $400.22 Candy Hensley, Assistant to County Administrator, stated that this funding would cover a sub meter to be installed for the Verona Elementary gym only. There were two estimates received from area electricians. The lower estimate from P & S Electric was $800.44.

The County will read the meter and calculate the cost of the electric used at the facility. A lease is in the process of being drafted by James Benkahla, County Attorney. The lease will include how electric consumption will be calculated and be paid by Verona Community Association. The lease will also include other items such as water and sewer.

Dr. Pattie asked that the process of the lease going to public hearing be explained to the public.

Timothy Fitzgerald, County Administrator, stated that state law requires a public hearing be held in order to lease property. There will be a public hearing at the next Board of Supervisors meeting on November 8 to hear public comments and the Board will consider the lease document. There has been discussion of having a short term lease to get through the basketball season. The ball fields are a separate issue. The County has long term leases on fields being used throughout the County. Once the Board of Supervisors makes a final determination on the disposition of the Verona property, a long term lease will be discussed that is similar to the others used in the County.

Dr. Pattie stated that he wanted to renew the commitment and ensure VCA will have access to the gym and fields for as long as the County owns the facility. If the property were to be sold, it is his intension to accommodate the VCA and possibly some extra. The Property Committee has had discussion regarding using property at the Government Center to build athletic fields in the future.

Dr. Pattie moved, seconded by Mr. Kelley, that the Board approve the funding for the sub meter for the gym lease.

Mr. Kelley stated that he was proud to be a part of the organization as a child and agrees to the use of fields until a decision is made on the property. The sub meter cost will be covered by infrastructure funds so there is no cost to the VCA.

Mr. Garber thanked the VCA representatives for their actions during the meeting. The way individuals present themselves can determine the outcome of a situation. He is in agreeance with the VCA using the facility.

Mr. Coleman stated that it is important to keep organizations such as the VCA viable for young people.

Anissa Powers asked the Board if it would be possible for Verona Elementary School to be used as an over flow facility for Fort Defiance athletics.

Dr. Pattie stated that the School Board has not indicated that they would like to use Verona Elementary for anything.

Mr. Pyles pointed out that the School Board deeded the property to Augusta County. The Board of Supervisors is committed and have an understanding of the obligation to the children of Augusta County.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

STREET ADDITION

The Board considered Community Development’s and VDOT’s recommendations to adopt resolution for acceptance of the following street into the secondary road system in accordance with VDOT requests (Wayne District):

1. Myers Corner Subdivision Phases 1 and 2A John Wilkinson, Director of Community Development, stated that the street addition has been inspected by VDOT and meets all requirements to be taken into the secondary road system.

The Board of Supervisors of Augusta County, in regular meeting on the 25th day of October, 2017 adopted the following:

RESOLUTION

WHEREAS, the street described on the attached Additions Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Augusta County, and WHEREAS, the Area Land Use Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the developer have entered into an agreement for comprehensive storm water detention as per the code of Ordinances, [Stormwater Legal Agreement recorded in instrument number 100006094], recorded [August 9, 2010] which applies to this request for addition.

BE IT FURTHER RESOLVED, the county agrees that VDOT has no maintenance, upkeep and/or repair responsibility or liability for such storm water detention facilities except in case of physical damage resulting from road construction projects administered by VDOT. This agreement does not relieve the parties thereto of their rights and obligations pursuant to Storm water Management Regulations VR2 l 5-02-00 et.seg. and related state regulations as amended or modified from time to time. Further, the County agrees not to hold VDOT liable for damages resulting from the County's failure to enforce County ordinances and regulations relating to storm water flow.

BE IT FURTHER RESOLVED, the County will not seek indemnification or contribution from VDOT to correct damages arising from improper maintenance or construction of storm water detention facilities.

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.2- 705, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, with necessary easements for cuts, fills and drainage as recorded in Plat Book 1, Pages 9519-9520, and BE IT FURTHER RESOLVED, that the Virginia Department of Transportation will only maintain those facilities located within the dedicated right-of-way. All other facilities outside of the right-of-way will be the responsibility of others.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Area Land Use Engineer for the Virginia Department of Transportation.

Mr. Coleman moved, seconded by Ms. Bragg, that the Board adopt the resolution as recommended by Community Development and VDOT.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull and Pyles Nays: None Motion carried.

STREET NAME CHANGE

The Board considered a request to change Promontory Drive to Bobby’s Way. (Wayne District) Mr. Wilkinson stated that in the Myers Corner Subdivision there has been a request to change a street name from Promontory Drive to Bobby’s Way. There are structures addressed on Bobby’s Way. The developer has requested this name change because there are structures addressed currently on Bobby’s Way. The owner is requesting to make the entire street Bobby’s Way.

Mr. Coleman moved, seconded by Ms. Bragg, that the Board approve the street name change.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull and Pyles Nays: None Motion carried.

FIRE AND RESCE SCBA PROPOSAL

The Board considered a proposal for self-contained breathing apparatus.

Carson Holloway, Fire Chief, stated that this has been discussed for the past three years.

Federal grants have been applied for three times and unfortunately have been unsuccessful. Fire and Rescue is going into the third N.F. P.A. standard revisions. This means that every three to four years NFPA changes. Today with each standard comes a new set of safety features that must be met. Fire fighter jobs are more challenging today.

What used to take 20 minutes to burn or be completely engulfed in flame, now takes approximately three minutes. Fires are hotter and more intense now. This drives the need for the most up to date equipment available. The current in service mask and pack was purchased in 2002-2003. Over time, the lens weaken in extreme heat. This has been addressed in the new standards. Maintenance repair cost is going up. Each standard brings safety to the forefront. Eight of the new standard air packs have been purchased with HAZMAT grant funds. Chief Holloway covered all of the features and standards of the new air packs to be purchased. The air packs have been built to protect the fire fighters while they protect the ones they serve. There is a timeline of when the agencies will have expiring air packs and the expiration varies throughout next year.

Mr. Coleman asked if there had been any feedback on what could be done to strengthen the grant applications that are submitted.

Chief Holloway stated that we have received approximately $5 million of grant funding. After submitting for a grant, a packet of information is given to point out weaknesses within the application. All though there is set criteria to be looked at, there is a different review panel every year for the grant process.

Mr. Pyles stated that grant applications have been discussed during the Emergency Services Committee meetings. The question has been brought up whether it would be beneficial to have a grant writer for all agencies. The volunteer agencies have a better chance of getting grant funding than a County as well off as Augusta County.

Mr. Fitzgerald pointed out from the handout the cost of the new Self-Contained Breathing Apparatus. There are 75 needed for the paid staff and an additional 25 needed for training.

The total cost is $739,390.19. There may be some savings in the training category because some of the old bottles can be used in training and not have to buy as many for training purposes. Mr. Fitzgerald suggests taking the funds from the Fire/Rescue Capital Fund.

Currently there is a balance of approximately $200,000.00 specifically for air packs. There is other funding available in Fire/Rescue Capital that can cover the cost on the career side.

Mr. Kelley questioned using the old bottles for training.

Chief Holloway stated that the idea is to take the used air packs and purchase 25 new bottles which costs approximately $1000.00 each. If all new packs and bottles were purchased there would be a minor value to the expired packs that would help offset the cost.

The request was done at 5-10% contingency because there is some auxiliary equipment that may or may not go.

Mr. Fitzgerald stated that the Emergency Services Committee has been in discussion about the volunteer agencies. The last time a volunteer fire grant was given, Churchville Volunteer Fire Department requested funding through the grant because they had purchased new air packs. At the time, the committee agreed to purchase five air packs for Churchville. With the idea that 5 packs fully outfit the first engine out the door. The Emergency Services Committee then took at a look at what it would cost to purchase five air packs for all volunteer organizations. The cost for the five air packs per volunteer organization would be $379,219.75 for 65 packs. Not all agencies have air packs that expire right away. It was suggested to buy as they expire. It would be the same amount of money, but it would be stretched out over time. There are funds in the Volunteer Grant Funding account.

Ms. Bragg stated that Churchville Volunteer Fire has already purchased five air packs so the County would need to purchase 60.

Dr. Pattie asked how many firefighters there were.

Chief Holloway stated there were 96 in the field and 300 volunteers that answer 10% or above of the calls.

Dr. Pattie pointed out that 40 firefighters have been added since 2011 and questioned if new equipment was purchased for them.

Chief Holloway commented to say that the SCBA’s are not part of the equipment that is bought. He explained to the Board what equipment is being outfitted with the self-contained breathing apparatus.

Dr. Pattie proposed purchasing the 75 for career, move the used for training and do the volunteer replacements as needed.

The Board discussed in detail the funding and the needs for the self-contained breathing apparatus.

Mr. Pyles stated that he would like to see the proposal from Dr. Pattie rejected and the request be fully funded. The people in training are not going into pretend fire. They need to be equipped with what will be used in an actual situation. The Board needs to trust the expertise of the people that are hired. There is sufficient funding to cover the request without going to the general fund. Other equipment could be put off easier, but not the individual protection of a person. The County has gotten full use of the apparatus over the past fifteen years. We don’t want to lose the life of someone by not stepping up for what we can do and should do.

Mr. Shull asked if the purchase could be broken up so they aren’t all expiring at the same time.

Chief Holloway stated that it was the plan to have it that way, but at this point almost everyone in the County is coming due at the same time.

Mr. Pyles pointed out that the longer there is a delay in purchasing the cost can change.

The fact of the matter is the current packs are expiring very soon.

The Board discussed the types of air packs that would be purchased. It is important to have them all the same.

Mr. Kelley moved, seconded by Mr. Coleman, that the Board approve funding for the self- contained breathing apparatus for career staff and training and five per volunteer company as they expire.

The Board discussed maintenance and up keep of the air packs.

Mr. Shull mentioned the possibility of joining with Staunton and Waynesboro and the surrounding Counties and have an internal person to do the maintenance.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull and Pyles Nays: None Motion carried.

AGRICULTURE INDUSTRY BOARD FUND REQUEST

The Board considered a request from the Agriculture Industry Board to transfer $5,000.00 to the Dairy Feasibility Study.

Mr. Fitzgerald stated that this is a request through the Agriculture Industry Board to use $5,000.00 from their budget to be involved in the Economic Feasibility of Dairy Processing in Virginia. This is a study taking place at Virginia Tech to look at dairy production and help recruit additional dairy processing business in Virginia.

Mr. Garber moved, seconded by Mr. Shull, that the Board approve the funding request.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

BROADBAND GRANT

The Board considered the grant application and local match.

Jennifer Whetzel, Deputy County Administrator, stated that a decision by the Board is required on whether to proceed with the VATI Grant and if so, which project and local match to pursue. The 2018 VATI Grant is for shovel ready projects and is being implemented by DHCD. DHCD added a 30 day public comment period for the localities that wanted to submit an application. Augusta County’s public comment period was advertised on October 1 and runs through October 30. The grant application is due on October 31. After an application is submitted, a public comment period will open up on the DHCD website for additional input. A January 2018 announcement is anticipated. The projects will need to be completed by June 20, 2018. A requirement under the 2018 guidelines is that areas have to be unserved areas, defined as having broadband speeds of less than or equal to 10MB download and 1MB upload. FCC data was brought to light during the last award process.

There is data provided on the FCC’s website where providers can report the speeds that they provide in certain census block areas. A provider that reports deployment of a particular technology and bandwidth in a census block may not necessarily offer that service everywhere in the block. Accordingly, a list of providers deployed in a census block does not necessarily reflect the number of choices available to any particular household or business location in that block. There was a question that came up on Augusta County’s data in unserved areas per the FCC maps. If a provider reports speeds above 25/3, then the map shows service in that area. There is a fair amount of areas that say there is no fixed broadband and dispersed throughout the County there are pockets that need to be served. One of the challenges for Augusta County is there are providers reporting in those areas, but the speed is not there. It will take a significant amount of time to complete projects to get all of these areas filled in. DHCD noted program guidelines of what will be the evaluation criteria which is demonstrate need, demonstrate benefit, meet VATI implementation speeds, readiness/capacity and cost and leverage. Augusta County has three projects to be evaluated. Parnassus Tower/Wireless Project covers 739 residential and 8 businesses. 49% of the residents are dissatisfied with the current internet speed.

There are twelve providers in the area with three providing service over 10/1 and two of the providers are satellite. The estimated cost would be $291,300.00. A 10% match would be $29,130.00 and a 15% match would $43,695.00. The Route 252 Fiber Project has an opportunity for approximately 110 FTTH connections. 85% are dissatisfied with speed of the current internet. There are ten providers in the area with four providing service over 10/1 and three are satellite. The estimated cost would be $444,840.00. A 10% match would be $28,146.00 and a 15% match would be $42,219.00. The final project is the Route 254 Fiber Project. This project has an opportunity for approximately 75 FTTH connections. 72% are dissatisfied with speed of the current internet. There are nine providers in the area with three are providing service over 10/1 and two are satellite. The estimated cost would be $281,460.00. A 10% match would be $44,484.00 and a 15% match would be $66,726.00. In order for the grant application to look competitive, it looks good if more than 20% is matched.

Mr. Shull stated that he questioned what will happen in the future with internet as far as satellite television is concerned. Satellite television internet is not fiber internet, however it’s much faster than the hotspot internet service. Internet service is available to people. Mr. Shull is against pursuing the grant and the projects at this time.

Dr. Pattie is supportive of the Parnassus Project. This would not only address the internet issues, but also allow for future expansion of cell phone service in the area.

Mr. Pyles pointed out that the rural areas are the areas that need the most internet assistance. In 2012 there was a tower study done and there has not been much improvement since then. He is supportive of the Parnassus Project.

Dr. Pattie moved, seconded by Ms. Bragg, that the Board approve the Parnassus Tower project with a 15% local match.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, and Pyles Nays: Shull Motion carried.

CHURCHVILLE LIBRARY SIGN

The Board considered bids for an electronic sign.

Funding Source: Pastures Infrastructure 80000-8014-98 $19,078.00 Ms. Whetzel stated that there has been a request to fund an electronic sign from Pastures infrastructure at the Churchville Library. There was an official spec put out through the Virginia Procurement System (eVA) and there were ten bids received. The bid that met all of the spec requirements is by Complete Signs. It includes a cloud based software that enables built in upgrade ability. It also includes the amber alerts and has a 17 year warranty. The cost is $17,343.00 and with a 10% contingency it would be $19,078.00.

Mr. Kelley moved, seconded by Dr. Pattie, that the Board approve the funding request for the Churchville electronic sign from the Pastures Infrastructure.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

COURTHOUSE PAINTING

The Board considered bids and funding for painting the courthouse.

Funding Source: 80000-8198 $74,819.00 (includes a 15% contingency) Candy Hensley, Assistant to County Administrator, stated that bids have been received regarding the painting of the cupolas on the courthouse. The low bid came in at $65,060.00 with Miller’s Home Improvement. This includes preparation of the site, cleaning and repairing of the statue. There was concern on the Board with the low bid and the difference between the other bids received because it was almost double.

References were checked and came back fine. There was not a good reference on type of work comparable. There was part of the cost missed in the bid amount for the man lift of approximately $2,500.00 in difference. He was informed that the price was not negotiable. The mistake was with the subcontractor, Sunbelt Scaffolding, which is a reputable company. The mistake was worked out among themselves. Even though there is concern with the price being so low, there is no reason to believe Miller’s Home Improvement is not a responsible bidder. If there are still concerns, all bids can be rejected. If that happens, it will be necessary to do a full request for proposals which includes specifications. This will prolong the project for a month which would put the start date into winter.

Ms. Bragg asked how soon the project could be started.

Ms. Hensley stated that it could start as early as next week.

Dr. Pattie moved, seconded by Mr. Kelley, that the Board approve the funding for painting the courthouse.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

CROZET TUNNEL

The Board considered a letter of support for Nelson/Waynesboro VDOT TAP funding application.

Ms. Whetzel stated that Nelson County and Waynesboro are interested in partnering for Virginia Department of Transportation TAP funding. The funding is for the application for Phase 3 of the Crozet Tunnel, which is the western trail portal and the parking lot on the Augusta County side. A Letter of Support from Augusta County is requested for the application. There are no dollars committed by Augusta County for this project.

Dr. Pattie moved, seconded by Mr. Coleman, that the Board approve a letter of support for the Nelson/Waynesboro VDOT TAP funding application.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

COMMONWEALTH ATTORNEY POSITION

The Board considered a request for staffing.

Tim Martin, Commonwealth Attorney, stated that the workload in law enforcement in Augusta County has increased in a nearly geometric way since January 2016. There is new law enforcement and that has put all manner of pressure on his office. Mr. Martin has a powerful desire to take care of the litter problem throughout the County. He is trying to take on a significant project and it will be a tremendous addition to the workload in his office. The Paralegal that is currently in his office has accepted a position with the school system and will be leaving. He would prefer to replace the Paralegal position with a Assistant Commonwealth Attorney.

Mr. Coleman stated that this has been a passion of his for a long time. There are agencies that have helped to a certain degree with the litter, but the people that needed to do community service would not do it and with no consequences. The position Mr. Martin is requesting would be a part-time J & D and have part-time responsibility for the litter control issue in the County.

Mr. Martin stated that this position was actually a sacrifice for his office. He is losing a Paralegal and replacing it with an attorney. When the vacancy occurred he assessed where the need was greatest. This is not a timesaver for his office, it adds to the workload in this option. He’s not keeping staffing at its current level.

Mr. Coleman asked that Mr. Martin explain how he plans to handle the litter task.

Mr. Martin replied by saying that the only person in a jurisdiction in the Commonwealth of Virginia that can indict a person is the Commonwealth Attorney. With that power comes the potential to divert some people away from the criminal justice system. Nonviolent first time offenders can be diverted from the system and give them a chance to give back in the form of litter pick up. This will save the County the money that’s involved with incarcerating people and send a message to those violators that if you return again there will be more harsh consequences. There is a tremendous incentive on the part of the potential defendant to work with them. If someone refuses to do the litter pick up then the charges will stand.

Ms. Bragg stated that shoplifters for example have three strikes before harsher punishment occurs. Does this apply in this type of punishment as well?

Mr. Martin pointed out that he has no intensions of giving this option to thieves. This is an option for situations such as first time marijuana possessors, trespassers, litterers and speeding. In the case of theft, there is a victim to that type of crime. He is not interested in using this process in what is known as victim crimes.

Ms. Bragg asked how many cases he estimates would fit into this category.

Mr. Martin stated that some are in Blue Ridge Court Services now. There are a number of people on pre-trial who are sentenced to alternative sentences. He is not able to give a number at this time because he doesn’t know how many would take this option or how many will be charged. Additionally, the Supreme Court does not keep numbers on misdemeanors. As a separate issue, his office gets paid only for what is done in Circuit Court. The State’s responsibility to his office is very different from the responsibility to the Constitutional Offices. 70% of the six attorney’s time is spent in the district courts and that’s one of reasons they are crunched.

There are multiple points in the system at which community service could be part of their sentence or even part of their disposition. For instance, someone who may potentially be charged with under aged possession of alcohol. The defendant would have the option to avoid charges all together if time is spent cleaning up the roads and picking up litter and remain free of drugs and alcohol and no new offenses. That has a tremendous benefit for that person. They aren’t saddled with a criminal history for the rest of their lives. The defendant also has the option to refuse that punishment and the procedure will continue as it always would. If the person is charged, in order to avoid a conviction, community service can be done and the charges and conviction will be dismissed.

Ms. Bragg understands the concept and need, but the timing is not right. This position is out of budget. Other Constitutional Officers have asked and have been denied. She would prefer this to be considered during the budget process.

Mr. Pyles stated that we have to rethink what is being done. Every year there is growth money. Not because of new growth, but because of new people coming into the County.

There are things that need to be done that the State Legislators are not doing. This position is being asked for because the State is not doing their job. Do we turn our back on the need because the State isn’t doing their job? There needs to be a direct correlation with the Legislators about doing equal funding from the State. This is no different for us than what was done with the Maintenance Department. An opportunity came up to do something better due to a retirement and the idea of the new position was presented. Staff should be encouraged to come up with ideas and things happen outside of the budget cycle. What Mr. Martin is asking for is appropriate given the circumstances and imminently necessary.

Mr. Fitzgerald stated that the current Paralegal position salary with benefits is $50,388.00.

The County receives $25,422.00 from the Comp Board. The proposed Attorney position salary with benefits would be $77,581.00. This would be an additional expense to the County of $27,193.00. There would be no additional funding given from the Comp Board.

The Comp Board approved a Paralegal position. They have not approved an Attorney position so the funding the County receives will remain the same.

Dr. Pattie stated that he was against having three new middle managers to Maintenance.

He would rather have an attorney prosecuting people and preventing people from going through the system. Dr. Pattie would like to see them clean up the rivers as well.

Mr. Martin is willing to look into having river cleanup be a part of the program.

Mr. Garber moved, seconded by Mr. Shull, that the Board approve funding difference in salary and benefits between the current Paralegal position and the requested attorney position.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Pattie, Shull, and Pyles Nays: Bragg Motion carried.

WAIVERS — NONE

MATTERS TO BE PRESENTED BY THE BOARD

Mr. Shull received a call from the Fire Chief stating that the volunteers were not informed of a past training event. The Chief assured him that the career staff and volunteers would be working together from that point on. There may be a major incident in the County that the career staff and volunteers will be forced to work together and it’s important that it can be done. Training and information needs to be offered to the volunteers.

Mr. Pyles requested that Mr. Fitzgerald have a conversation with Chief Holloway to make sure there is proper communication.

Mr. Shull pointed out that the volunteers do not feel like they a part of the organization if they are not informed of things happening.

Mr. Coleman reinforced the notion of transparency. If something was done have back up to prove that it was done.

Mr. Garber stated that some things talked about are opinions, but this is matter of fact. A direct question was asked as to who was notified and who wasn’t. He does not like getting incorrect information.

Dr. Pattie moved, seconded by Mr. Garber, that the Board approve a funding request for the Mount Solon Fire Department building improvements from the North River Infrastructure in the amount of $15,000.00 Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

Ms. Bragg reminded everyone of the Stuarts Draft Library grand opening coming up on Saturday.

MATTERS TO BE PRESENTED BY STAFF

Mr. Fitzgerald discussed the following issues:

1) Stuarts Draft Library grand opening on Saturday, October 28.

2) There will be a Chili Cook Off at the Government Center to benefit the United Way on Friday, November 10 from 12:00p.m. – 2:00 p.m.

3) Attended the ICMA Conference in San Antonio, TX.

4) Jennifer Whetzel stated that there was a meeting on the Hearthstone Dam project.

The original estimate for construction was approximately $2.9 million. NRCS looked at it again and the cost increased to $6-$7 million. Now it is expected to be approximately $3.6 million. This is above the original estimate, but there is preliminary figures to give to the Legislators so the General Assembly can look forward to paying out their part.

Mr. Pyles would like the estimates from past dam projects.

Ms. Bragg reminded everyone that the Governor will be in Stuarts Draft on Tuesday to make an announcement.

CLOSED SESSION

On motion of Mr. Kelley, seconded by Mr. Shull, 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) Verona Elementary School b) Landfill Property On motion of Mr. Shull, seconded by Mr. Coleman, the Board came out of Closed Session.

Vote was as follows: Yeas: Bragg, Kelley, Garber, Wendell, Shull, Pattie 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: Bragg, Garber, Kelley, Coleman, Shull, Pattie and Pyles NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.

BOARDS AND COMMISSIONS

Ms. Bragg moved, seconded by Mr. Shull , that the Board appoint the following:

Joseph Rader Blue Ridge Criminal Justice Board Expires 10/11/2020 Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

ADJOURNMENT

There being no other business to come before the Board, Mr. Coleman moved, seconded by Mr. Shull, the Board adjourn subject to call of the Chairman.

Vote was as follows: Yeas: Kelley, Garber, Coleman, Bragg, Pattie, Shull, and Pyles Nays: None Motion carried.

Chairman County Administrator h:10-25min.17