Regular Meeting – January 22, 2020
Regular Meeting, Wednesday, January 22, 2020, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Gerald Garber, Chairman
Pam L. Carter, Vice-Chair
Butch Wells
Michael L. Shull
Scott Seaton
Jeffrey Slaven
Steven Morelli
Timothy K. 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, January 22, 2020, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 244th year of the Commonwealth….
Chairman Garber welcomed the citizens present.
The following students from the Buffalo Gap High School that attended the 2019 Virginia Junior Classical League Convention led us with the Pledge of Allegiance:
Lizzie Irvin is a senior at Buffalo Gap High School and the co-concil of the Latin Club.
Ms. Irvin is a member of the SCA and plays soccer. She plans to attend college, major in Nutrition or Biology, and then attend med school to become an Anesthesiologist.
Mackenzie Halterman is a senior and co-concil of the Latin Club. Ms. Halterman is the Executive Treasurer for the SCA. She plans to attend college and major in Classical Studies and Business.
Gavin Sorrells is a junior and is a part of the Academic Team. He plans to attend college and major in Biology.
Hunter Meadows is a freshman and plans to attend college and major in Physics or History.
Killian Campbell is a freshman and is a member of the marching band. He runs track and loves to participate in drama. Mr. Campbell plans to attend medical school and would like to pursue physical therapy or something in the medical field.
Rena Collins, Latin Teacher for Buffalo Gap High School explained what the convention consisted of for the students.
Michael Shull, Supervisor for the Riverheads District, delivered the invocation.
PATRICK LOVEGROVE-REZONING
This being the day and time advertised to consider a request to rezone, with proffers, from General Agriculture to General Business approximately 0.5 acres (TMP 54D (1) 59A) owned by Patrick Lovegrove located at 328 Cedar Green Road in Staunton in the Pastures District. The proposed general use of the property is a dog kennel. The general use of the property stated in the Comprehensive Plan is Low Density Residential, which may include detached residential units at a density of between one-half and one dwelling unit per acre. The Planning Commission recommends denial.
Leslie Tate, Senior Planner, stated that the proposed proffers include business use of the property shall be limited to a dog kennel, outdoor runs are prohibited, prior to operation of the dog kennel, a 6’ opaque privacy fence will be built and traffic generated by the dog kennel will be limited to no more than 50 vehicle trips per day. The vehicle trips per day proffer is specifically related to comments from VDOT about the existing entrance. Ms. Tate showed a map of the property with the surrounding zonings. In 1974 there was a Special Use Permit granted for a construction office and construction shops for the existing building. The request is to convert the existing building into a dog kennel. If this request is approved, the 1000 gallon per minute fire flow requirements for business zoning is not met. A waiver would need to be requested of the fire flow requirements in business.
Killian Micek would like to purchase the property upon rezoning and seek the fire flow waiver. Mr. Micek read the mission statement for the kennel. He stated that this location was chosen due to proximity to other kennels and easily accessible to Route 262 and I-81. The design and size of the existing building is adequate compared to similar dog kennel facilities. General Agriculture zoning is the most designated zoning for a dog kennel. This zoning has a requirement of a minimum of five acres and the building would need to be 200 feet from any adjacent property line. After looking at 50- 60 different properties that exceeded five acres up to 13 acres, did not meet the requirements of General Agriculture zoning. In the area, there are seven dog groomers, two animal hospitals and three pet retailers, but there is not a dog kennel.
This is an ever-growing industry and the need for this type of facility is growing. During the Planning Commission meeting, there were concerns regarding the rezoning.
Ms. Carter asked how the dogs would be exercised.
Mr. Micek stated that there would be two indoor areas within the building for dogs to exercise. It would be separated based on the size of the dog. The kennels are no smaller than 24 square feet of the smallest and the largest is up to 50 square feet.
There is an area outside for dogs to walk around. Outdoor runs, based on the size of the property, is not allowed.
The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Carter has evaluated the property. She has concerns about the rezoning. The minimum acreage required is not met. There are a number of houses in the area and she has a concern with the noise. It is a great idea and Ms. Carter encourages him to continue to look for property. Based on the Planning Commission’s recommendation, she is against the rezoning.
Ms. Carter moved, seconded by Mr. Shull, that the Board deny the rezoning request.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven and Morelli Nays: None Abstain: Seaton Motion carried.
PARK PROPERTIES, INC. -REZONING
This being the day and time advertised to consider a request to rezone from General Business to Multi-Family Residential approximately 4.9 acres (TMP 66E (6) 1 15) owned by Park Properties, Inc. located on the south side of Pinnacle Drive (Rt. 1289) approx.
700 ft. south of the intersection of Pinnacle Drive (Rt. 1289) and Life Core Drive (Rt. 636) in Fishersville in the Wayne District. The proposed general use of the property is apartments (8-20 units per acre). The general use of the property stated in the Comprehensive Plan is General Business where business uses varying scale and scope would be appropriate. The Planning Commission recommends approval.
Leslie Tate, Senior Planner, showed a map of the property and the zonings surrounding the property.
William Park, representing Pinnacle Construction Development Corporation and the owner of Park Properties. Pinnacle has owned the property for approximately 22 years.
Mr. Park briefed the Board on a history of the company. They are currently developing the assisted living and memory care unit next door to the property. This will be 80 units reserved for 55 years old and older and reserved for people that make no more than 60% of the Area Median Income. Each locality has an Area Median Income Chart and currently 64,300 is the Area Median Income for Augusta County. The proximity is perfect with being close to Augusta Medical and other medical offices. The current zoning is General Business, but that has been the zoning for 22 years and things have changed since then. The Lifecore corridor has become a mixed-use type area. There is significant demand for a facility of this nature. This request is in line with the Comprehensive Plan and the Fishersville Small Area Plan. It is located in an Urban Service Area and water and sewer is already installed. Road infrastructure has been accepted into the VDOT system. The plan is for a four-story building, which will include a fitness room, a community room and a craft room.
Mr. Wells met with the Beverley Manor Ruritan Club and this type of housing is a concern of theirs so they are excited for this project to be completed.
The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Dr. Seaton stated that this is greatly needed in the community. It complements the development next door. It will be a good addition to the area.
Dr. Seaton moved, seconded by Mr. Wells, that the Board approve the rezoning request.
PARK PROPERTIES, INC. -REZONING
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC
Robin Hawks brought up many questions regarding the Weyers Cave Library. Dr. Hawks asked for a re-vote from the Board of Supervisors on this matter. She also questioned the site plan for the courthouse project. It is requested that the Board hold public meetings detailing the courthouse plans to the citizens. The public needs to be included in decisions in an open and transparent manner.
Mark Armstrong of Shutterlee Mill Road, encouraged the Board to approve the GO Virginia Hemp Project funding. He grew hemp this past year with a great deal of success. The weather in this area is perfect for hemp growing. It is important to create opportunity for investment in this industry.
BRITE TRANSIT
The Board considered funding and a Letter of Commitment for the Afton Express Proposal.
Jennifer Whetzel, Deputy County Administrator, stated that representatives from the Planning Commission spoke at the Staff Briefing on their role in the Brite Transit system. The Brite Transit system is a regional system with Staunton and Waynesboro.
It has seven routes and is public transit so it is available for general use by the public. It is on a schedule, there is established routes and there are fees charged. The Planning District Commission manages the transit and they receive federal, state and local match funding. Currently the service is procured with Virginia Regional Transit. The funding for the entire system is approximately 50% federal, 28% state and the local match is 22%. There are about 250,000 riders per year. The Afton Express would be adding an additional route to the current system. There was a feasibility study completed in 2017. At that time, it was presented to their partners and there was no movement to proceed. The Department of Rail and Public Transit had an interest in this study. They contracted with a firm to study the demand for this project and have been supportive of the project. There are six partners involved and three have committed. There will be stops in Staunton, Fishersville, Waynesboro and Charlottesville with a $3.00 fare. The first years are funded through a demonstration grant, which is 80% state and 20% local.
The application is due February 3, 2020. The Federal Rural Transit money, along with state and local dollars, would fund the project in the two outer years. This grant will allow time to demonstrate if the route will work. Data will be gathered on riders. The grant is competitive funding which means someone else will apply if the region chooses not to. If awarded, the grant would begin on July 1, 2020 and the service would begin in January 2021.
Mr. Morelli moved, seconded by Ms. Carter, that the Board approve the funding request and support the Afton Express proposal.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
2019 REVOLVING LOAN REQUEST
The Board considered the committee’s recommendation of a revolving loan for Churchville Volunteer Fire Department in the amount of $500,000.00.
Timothy Fitzgerald, County Administrator, stated that the revolving loan assists agencies in purchasing new engines. The loan rotates every fifteen years. The total loan is $500,000.00. $300,000.00 will be paid back as a no interest loan and $200,000.00 is the grant portion of the loan. The money comes from the Aid to Locality Program. The program is specific on what the money may be used for.
Ms. Carter moved, seconded by Dr. Seaton, that the Board approve the revolving loan request for Churchville Volunteer Fire Department.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
INFRASTRUCTURE ACCOUNT STATUS
The Board considered additions/deletions to Infrastructure and Recreation Capital Accounts.
Ms. Whetzel stated that a review of previously committed infrastructure or Parks & Recreation grant money that is no longer needed is prepared twice annually. The money will go back into the corresponding district. This is in accordance with the Fund Balance Policy. The project on the list for this six-month period is for a waterline repair.
The Service Authority will not be billing for this repair. $1,263.35 will be put back into the Pastures District Infrastructure account.
Ms. Carter moved, seconded by Mr. Shull, that the Board approve the additions/deletions to Infrastructure and Recreation Capital Accounts.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
AUGUSTA COUNTY COURTHOUSE
The Board considered a purchase agreement.
Ms. Whetzel stated that there is a property adjacent to the District Court building. In September the Board approved a purchase agreement for the property. The agreement was executed on September 27, 2019. The closing date was extended 30 days per the contract. The closing date, if approved to move forward with the project, will be on or before January 30, 2020. There are limited locations that a courthouse can legally be built. One would be on the site of the 1901 structure. This is not possible due to historical stipulations. Legislation approval was given to move to a property adjacent to the courthouse that is across the street.
Ms. Hensley stated that the property is known as the Zapton property. If this property is not purchased, the space needs will not be met. If the property is purchased, the stream will be straddled properly to get the square footage needed for the space needs and will leave space available for expansion. Ms. Hensley further discussed structural and liability concerns of not owning the property. Staff recommends purchasing the property for the proposed project or other future use. If the property is not owned by the County, it could potentially affect the project.
Ms. Whetzel stated that funding of $340,000.00 would come from the Capital Courthouse account.
Mr. Wells moved, seconded by Ms. Carter, that the Board approve the purchase agreement for 111/113 South Augusta Street.
Vote was as follows: Yeas: Garber, Carter, Wells, Slaven and Morelli Nays: Shull Abstain: Seaton Motion carried.
GO VIRGINIA SHENANDOAH VALLEY INDUSTRIAL HEMP PROJECT GRANT
The Board considered funding and a Letter of Commitment for the GO Virginia Hemp Project Grant.
Mr. Fitzgerald stated this is a GO Virginia application in regards to an industrial hemp project. James Madison University has proposed a project that will study the industrial hemp operation throughout the valley. It will review the economics of hemp and opportunities for farmers going forward. The project will also give a better understanding of opportunities in the hemp industry. This grant requires a match funding in which several localities have already matched. Questions were raised at the Staff Briefing regarding private funding for this match. Currently there is no private funding received.
There are two consultants that will be doing in-kind work on the study. JMU is need of an additional $5,000.00 match in order to get the project moving forward. The City of Staunton is also considering the match requirement. Consideration from the Board is requested for no more than $2,500.00.
Mr. Morelli spoke to a farmer in his area. The farmer stated that this was not profitable for the area.
Mr. Slaven stated that there is a sizeable hemp growing operation on Fadley Road. If companies would be showing an interest in moving this project forward, he would be more in favor.
GO VIRGINIA SHENANDOAH VALLEY INDUSTRIAL HEMP PROJECT
Ms. Carter pointed out that there has been a similar study in other areas.
Dr. Seaton agrees with the concern of private sector interest.
Mr. Shull stated that this is something that should go through the Agriculture school such as Virginia Tech. Funding should not come from local tax dollars.
Ms. Carter moved, seconded by Dr. Seaton, that the Board deny the funding and Letter of Commitment for the GO Virginia Hemp Project Grant.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
Mr. Shull stated that this decision is not going against farmers. This is a small amount being requested, but it is taking taxpayer dollars from people that may not be into farming.
WAIVERS– NONE
CONSENT AGENDA
Ms. Carter moved, seconded by Mr. Shull, that the Board approve the consent agenda as follows:
MINUTES
Consider minutes of the following meetings:
• Organizational Meeting, Wednesday, January 2, 2020
CLAIMS
Consider Claims paid since December 1, 2019
STREET ADDITION
Consider Community Development and VDOT’S recommendations to adopt resolution for acceptance of the following street into the secondary road system in accordance with VDOT requests:
1. Centerview Drive Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
(END OF CONSENT AGENDA)
MATTERS TO BE PRESENTED BY THE BOARD
Ms. Carter stated that the Propane Cannon bill is moving along in the General Assembly.
Dr. Seaton has been approached by constituents in his district about noisy dogs. He questions whether the current ordinance should be addressed.
James Benkahla, County Attorney, will email the ordinance to the Board.
Mr. Morelli moved, seconded by Mr. Shull, that the Board appoint Glenwood “Sonny” Balsley to serve an un-expired term on the Ag Industry Board. Effective immediately and to expire on June 30, 2020.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
Mr. Morelli moved, seconded by Mr. Shull, that the Board appoint Richard Williams to serve on the Ag & Forestal District Committee. Effective immediately and to expire on December 31, 2020.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
Mr. Wells moved, seconded by Mr. Shull, that the Board appoint Allen Dahl to serve on an un-expired term on the Augusta County Service Authority Board. Effective immediately and to expire on June 30, 2022.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
MATTERS TO BE PRESENTED BY STAFF
Timothy Fitzgerald, County Administrator discussed the following issues:
1) This is a resolution in support of legislation that would improve the process for review of legislation with a local fiscal impact. In the past, if legislators were going to introduce a bill that would have a local fiscal impact, they had to submit the bill before a date in December. That gave localities an opportunity to review the fiscal impact of the bill and what kind of impact that decision would have on localities in terms of the fiscal side of the house. Several years ago, the law changed and allowed delegates and senators to go past the date in December and simply file bills by the bill deadline. Ultimately, this requires County Staff to quickly review bills and look at the financial implications of the bills. Currently, there is a bill that goes back to the old way of doing business and puts a deadline for December. VACo has requested that the Board to pass a resolution in support of that bill.
Mr. Shull moved, seconded by Ms. Carter, that the Board approve the following resolution:
Resolution in Support of Legislation to Improve the Process for Review of Legislation with Local Fiscal Impact WHEREAS, each year the General Assembly considers thousands of pieces of legislation, many of which have a significant impact on local governments; and WHEREAS, in recognition of the need for localities to have an opportunity to review and analyze legislation that may require additional expenditures of local funds or reduce local revenues, Virginia Code sets out a process for the Commission on Local Government to develop local fiscal impact statements for such bills, with the assistance of local volunteers; and WHEREAS, under the current process, the large volume of bills and the rapid pace of the legislative session limit the time that is available for the review of bills with implications for local government finances; and WHEREAS, the local volunteers who assist with the fiscal impact review process take on this responsibility in addition to their regular duties, often during the same time as local budgets are being finalized; and WHEREAS, prior to 2010, legislation that had a local fiscal impact was required to be introduced by the first day of the General Assembly session, which allowed some additional time for the legislation to be reviewed by the Commission on Local Government and local staff, but this requirement was eliminated in the 2010 session, compressing the opportunity for review of legislation in subsequent General Assembly sessions; and WHEREAS, additional time to review legislation would allow for a more thorough understanding of the potential ramifications of bills affecting local finances; and WHEREAS, a robust analysis of legislation affecting local governments benefits policymakers, as localities work in partnership with the state to deliver critical services to Virginia residents; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Augusta County expresses its support for legislation that would provide additional time for review and analysis of legislation with a fiscal impact on localities, as well as direct further consideration of additional ways to improve the review process.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
2) This is a request from a group that is focusing on the Lewis & Clark Eastern Legacy Trail. Lewis & Clark went through the valley and made a stop in Greenville. A resolution of support is requested for this project. The County would support the group in the General Assembly and advocate for funding in order to establish the trail and put together information.
Mr. Shull moved, seconded by Ms. Carter, that the Board approve the following resolution:
Virginia’s Great Valley Lewis & Clark Eastern Legacy Trail (VGV-LCELT)
RESOLUTION OF SUPPORT
WHEREAS, in 1978, Congress established the Lewis & Clark national Historic Trail (LCNHT) from Wood River, Illinois to the mouth of the Columbia River in Oregon; and, WHEREAS, in 2008, as a result of the positive tourism and economic impact of the LCNHT on trail communities, as well as a growing interest in knowing the Explorers’ whole life stories, Congress authorized a feasibility study to be conducted by the National Park Service (NPS) to determine if the Lewis & Clark National Historic Trail should be extended eastward to include routes and sites associated with the preparation and return phases of the Lewis & Clark Corps of Discovery Expedition; and, WHEREAS, on December 10, 2012, the Deputy Secretary of Natural Resources of the Commonwealth, on behalf of the Office of Governor, confirmed Virginia’s continued commitment to developing national historic trails; and, WHEREAS, the National Park Service has collected a substantial amount of historical data concerning the travels of Captain Meriwether Lewis & Second Lieutenant William Clark in Virginia before and after the Expedition, either together or independently and for personal or business reasons, and for which the Great Valley Road was a frequent pathway when arriving in or returning from the state; and, WHEREAS, in approximately 2013 and 2014, the National Park Service published maps of the Explorers’ route along the Great Valley Road that noted: the years they traveled in 1803, 1806-1810, and 1812-1814; their route(s) through the counties of Washington, Smyth, Wythe, Pulaski, Montgomery, Roanoke, Botetourt, Rockbridge, Augusta, and Albemarle, as well as through cities and towns such as, but not limited to, Bristol, Abingdon, Marion, Wytheville, Pulaski, Christiansburg, Salem, Roanoke, Fincastle, Lexington, Greenville, Staunton, and Charlottesville; and, noted forty-four or more historic sites, including extant structures, locations of non-existing structures, river crossings, ferries utilized, of which many were visited by one or both Explorers; and, WHEREAS, in late 2014, the National Park Service decided to exclude the Virginia Great Valley Road route as an eastward extension of the Lewis & Clark National Historic Trail; and, WHEREAS, in response to the National Park Service decision, the Committee for the Virginia Great Valley Lewis & Clark Eastern Legacy Trail sought assistance from Virginia Delegate Terry Austin who, having obtained fifty signatures of legislators as signatories, obtained passage of HJ # 566 in February 2015; that resolution having:…designate(d) the portion of the Lewis & Clark National Historic Trail that runs through the Commonwealth as the Lewis & Clark Eastern Legacy Trail in Virginia,” and further resolved “That the Clerk of the House of Delegates post the designation of the Lewis & Clark Eastern Legacy Trail in Virginia on the General Assembly’s website;” and, WHEREAS, a multi-disciplinary effort undertaken at the grassroots level by dedicated volunteers with guidance and assistance from the Virginia Departments of Conservation & Recreation, Historic Resources, Transportation, and the Virginia Tourism Corporation, along with other stakeholders at the local, state, and national level, has given almost nine years’ work to develop and implement a Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and, WHEREAS, in the past year, an additional seventeen Virginia counties have been identified as also being traveled by the Explorers; and, THEREFORE, BE IT RESOLVED that the Augusta County Board of Supervisors support the Mission of the Virginia Great Valley Lewis & Clark Eastern Legacy Trail; and, in partnership with communities along Virginia’s Great Valley Lewis & Clark Eastern Legacy Trail, and other trail partners at the local, state, and national levels, endorse the request for funding from the 2020 General Assembly to staff and support operations for the continued development, implementation, and promotion of Virginia’s Great Valley Lewis & Clark Eastern Legacy Trail.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
CLOSED SESSION
On motion of Ms. Carter, seconded by Mr. Shull, the Board went into closed session pursuant to:
(1) 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) Augusta County Courthouse (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, 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 (3) 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 Dr. Seaton, the Board came out of Closed Session.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli 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.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None 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, Mr. Shull moved that the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Garber, Carter, Wells, Shull, Slaven Seaton and Morelli Nays: None Motion carried.
Chairman County Administrator h:01-22min.2020
