Staff Briefing Meeting – November 25, 2019

Staff Briefing Meeting, Monday, November 25, 2019, 1:30 p.m., Government Center, Verona, VA.

PRESENT: Gerald W. Garber, Chairman
Carolyn S. Bragg-Vice Chairman
Michael L. Shull
Wendell L. Coleman
Pam L. Carter
G. L. “Butch” Wells
Timothy K. Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
John Wilkinson, Director of Community Development
Misty Cook, Director of Finance
James R. Benkahla, County Attorney

ABSENT: Marshall W. Pattie

VIRGINIA: At an adjourned meeting of the Augusta County Board of Supervisors held on Monday, November 25, 2019, at 1:30 p.m., at the Government Center, Verona, Virginia, and in the 244th year of the Commonwealth….

VDOT ROADS

Don Komara, Residency Administrator, discussed the VDOT status report of November 25, 2019.

The Board accepted the report as information.

ECONOMIC DEVELOPMENT

Rebecca Castle, Marketing Assistant, discussed the Economic Development monthly report of October, 2019.

The Board accepted the monthly report as information.

FIRE AND RESCUE

David Nichols, Fire Chief, discussed the Fire and Rescue monthly report of October, 2019.

The Board accepted the monthly report as information.

AUDIT SERVICES-VOLUNTEER FIRE-RESCUE AGENCIES

Elana Sorrell, Purchasing Agent, discussed approval of a contract with Robinson, Farmer, Cox.

The Board authorized placing on the November 26, 2019 regular meeting agenda.

QUARTERLY FINANCIAL REPORT

Misty Cook, Director of Finance, discussed the quarterly financial report.

The Board accepted the report as information.

LEGISLATIVE PACKAGE

Jennifer Whetzel, Deputy County Administrator, discussed the final 2020 Legislative Package.

The Board authorized placing on the November 26, 2019 regular meeting agenda.

PLANNING COMMISSION/PUBLIC HEARING

Ms. Tate discussed the following:

1) A request to rezone from Single Family Residential 15 to Multi-Family Residential, with proffer, approximately 1.37 acres (TMP 067-45A) owned by Massie Investments, LLC. The Planning Commission recommends approval with proffer.

2) A request to rezone from Single Family Residential to General Business, with proffer, approximately 4.6 acres (TMP 66C(1)2D, 66C(5)C, 66C(1)3 owned by Crescent Development Group LLC. The Planning Commission recommends approval with proffer.

3) Discuss a request to rezone from General Agriculture to Manufactured Home Park, with proffers, approximately 37.46 acres (portions of the following Tax Map Parcels: 49- 57F, 49-57F2, 49-57P, 49-57U, 49-57Y, 49-57V, 49-57X, 49-57T) owned by Country Estates Mobile Home Park, LLC. The Planning Commission recommends approval with proffers.

4) An ordinance to amend Chapter 25.Zoning.Division F. Industrial Districts. Article XXXVIII. General Industrial (GI) Districts. Section 25-384. Uses permitted by Special Use Permit E. Batching plants for asphalt, cement, or concrete. The Planning Commission recommends approval.

The Board authorized placing on the November 26, 2019 regular meeting agenda.

WAIVERS –NONE

MATTERS TO BE PRESENTED BY THE BOARD

Mr. Shull requested Fire/Rescue grant information.

MATTERS TO BE PRESENTED BY STAFF

Mr. Fitzgerald discussed the following:

1) Reminded the Board of the appreciation dinner on December 3rd at 6:00 p.m.

2) The Middle River Regional Jail expansion project.

3) A landing zone at the Government Center.

4) Donald Smith, Augusta County Sheriff, discussed the 2nd Amendment proposed legislation.

CLOSED SESSION

On motion of Ms. Bragg, 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- Youth Commission, Ag Industry Board, Economic Development Authority (2) the economic development exemption under Virginia Code § 2.2-3711(A)(5) [discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of its interest in locating or expanding its facilities in the county]:

a) Proposed Office space, flex space, storage facilities, manufacturing facilities, utility and mixed use development.

(3) the security exemption under Virginia Code § 2.2-3711(A)(19) Discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law-enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information subject to the exclusion in subdivision 2 or 14 of § 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or .

structure a) Augusta County Library b) Augusta County Courthouse (4) the legal counsel exemption under Virginia Code § 2.2 3711(A)(7) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.

a) Augusta County Courthouse (5) the legal counsel exemption under Virginia Code § 2.23711(A)(8) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.

a) Augusta County Courthouse On motion of Mr. Shull, seconded by Mr. Wells, the Board came out of Closed Session.

Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, and Carter Nays: None

Absent: Pattie
Motion carried.

The Chairman advised that each member is required to certify that to the best of their knowledge during the closed session only the following was discussed:

1. Public business matters lawfully exempted from statutory open meeting requirements, and 2. Only such public business matters identified in the motion to convene the executive session.

The Chairman asked if there is any Board member who cannot so certify.

Hearing none, the Chairman called upon the County Administrator/ Clerk of the Board to call the roll noting members of the Board who approve the certification shall answer AYE and those who cannot shall answer NAY.

Roll Call Vote was as follows:

Yeas: Garber, Bragg, Wells, Shull, Coleman, and Carter Nays: None

Absent: Pattie
Motion carried.

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, Dr. Pattie moved, seconded by Ms. Carter, the Board adjourned subject to call of the Chairman.

Vote was as follows: Yeas: Garber, Coleman, Bragg, Wells, Shull, and Carter Nays: None

Absent: Pattie
Motion carried.
Chairman Deputy County Administrator
H11-25sbmin.19