Regular Meeting – June 24, 2015
Regular Meeting, Wednesday, June 24, 2015, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Michael L. Shull, Chairman
Carolyn S. Bragg, Vice-Chairman
Jeffrey A. Moore
Marshall W. Pattie
Tracy C. Pyles, Jr.
Larry J. Wills
G. L. “Butch” Wells
Timmy Fitzgerald, Director of Community Development
Becky Earhart, Senior Planner
Jennifer M. Whetzel, Director of Finance
Patrick J. Morgan, County Attorney
Patrick J. Coffield, County Administrator
Beatrice B. Cardellicchio-Weber, Executive Secretary
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, June 24, 2015, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 239th year of the Commonwealth….
Chairman Shull welcomed the citizens present.
Preston Fitzgerald, a fifth grader, and Allison Fitzgerald, a first grader, of Riverheads Elementary School, led us with the Pledge of Allegiance.
Michael L. Shull, Supervisor for the Riverheads District, delivered invocation.
HILTON-BURKS ENTERPRISES, LLC – REZONING
This being the day and time advertised to consider a request to rezone from General Business to Single Family Residential 0.421 acres owned by Hilton-Burks Enterprises, LLC, located on the north side of Wright Lane (Route 1207) less than 250 feet east of the intersection with Main Street (Route 1205) in Greenville (Riverheads District). The Planning Commission recommends approval.
Becky Earhart, Senior Planner, displayed property on the overhead. She stated the applicant is requesting to rezone 0.421 acres from General Business to Single Family Residential. Since the Greenville Sewer Project is complete, the 0.421 acres is no longer needed for the drainfield and the new owner is requesting the rezoning to allow him to build a house on the property. The remainder of the parcel will remain zoned General Business and will be combined with the adjacent Greenville Grocery lot.
The Chairman declared the public hearing open.
Jeffrey Coffey, 49 Big Bear Lane, Waynesboro, applicant, is requesting that the property be zoned Single Family Residential in order for him to construct a dwelling on the lot.
There being no other speakers, the Chairman declared the public hearing closed.
Chairman Shull stated he is in favor of this request and felt there is no need for a drainfield and the lot would be a good location for a dwelling.
Ms. Bragg moved, seconded by Mr. Wills, that the Board adopt the following ordinance:
A request to rezone from General Business to Single Family Residential 0.421 acres owned by Hilton-Burks Enterprises, LLC, located on the north side of Wright Lane (Route 1207) less than 250 feet east of the intersection with Main Street (Route 1205) in Greenville in the Riverheads District.
AN ORDINANCE to amend Chapter 25 "Zoning" of the Code of Augusta County, Virginia.
WHEREAS, application has been made to the Board of Supervisors to amend the Augusta County Zoning Maps, WHEREAS, the Augusta County Planning Commission, after a public hearing, has made their recommendation to the Board of Supervisors, WHEREAS, the Board of Supervisors has conducted a public hearing, WHEREAS, both the Commission and Board public hearings have been properly advertised and all public notice as required by the Zoning Ordinance and the Code of Virginia properly completed, WHEREAS, the Board of Supervisors has considered the application, the Planning Commission recommendation and the comments presented at the public hearing; NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors that the Augusta County Zoning Maps be amended as follows:
A portion of parcel number 16 on tax map number 82A(1) containing approximately .421 acres is changed from General Business to Single Family Residential.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
BLUE MOUNTAIN INVESTMENTS, LLC – REZONING
This item has been postponed.
MATTERS TO BE PRESENTED BY THE PUBLIC
Ms. Wanda Johnson, 277 Beagle Gap Run, Waynesboro, stated she attended a Board of Supervisors meeting in April and made the Board aware of the issue of target practice in residential areas. On Monday there was an incident between 8:00 p.m. and 9:00 p.m. where a neighbor had been target practicing on their property. She contacted the Sherriff’s Department but was unaware if they came to the site or not. She has been dealing with this problem for a long time and expressed her concerns about all of the growth in the County and that target practice was happening in residential areas.
She asked if progress has been made with regard to this issue.
Mr. Moore stated the Board referred the issue of target practice in residential areas to the Ordinance Committee. The Ordinance Committee will discuss this matter at their next meeting on July 20, 2015. The Ordinance Committee will look at other localities’ ordinances regarding target practice and will then bring back their recommendations to the Board to decide whether to go to public hearing on the ordinance.
Chairman Shull thanked Ms. Johnson for her comments and noted that the Ordinance Committee will look at those issues.
INFRASTRUCTURE ACCOUNT STATUS
The Board considered adjustments as per Net Assets Policy including Additions/Deletions to Infrastructure and Recreation Capital Accounts, School Board Year End Carryover, and DSS/CSA Year End Carryover.
Jennifer Whetzel, Finance Director, discussed the adjustments as per the Net Assets Policy including the additions/deletions list (distributed to the Board on Monday) to Infrastructure and Recreation Capital Accounts. The School Board Year End Carryover and the DSS/CSA Year End Carryover are on the list but the amounts are unknown at this time. They will be presented in the year-end report.
Mr. Wills moved, seconded by Mr. Moore, that the Board approve the adjustments.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
COMPREHENSIVE PLAN UPDATE
The Board considered authorization to advertise Comprehensive Plan Public Hearing for Board’s July 22, 2015 meeting (Joint Public Hearing with Planning Commission).
Mrs. Earhart stated the Board of Supervisors and Planning Commission had a Joint Worksession on June 22, 2015. Mrs. Earhart presented the following changes that were requested at the Joint Worksession:
1. Implementation Plan Change:
Task Responsible Land Use: 1.A.6 Prepare interchange area overlay plans for Community Development, Trans: 1.F.1 Weyers Cave, Verona, Woodrow Wilson VDOT Parkway, Mint Spring, and Greenville 2. Capital Improvement Plan Change:
Add a new section to read:
Fireflow The County has established fireflow requirements for all new development in the county. The requirements may be met through the public water system or through alternative water sources or alternate means for fire suppression. The Augusta County Service Authority has identified over $10.6 million in public water system improvements that result in improved local fire protection capability, as well as improvements to their overall system. Augusta County Fire/Rescue recommends installing dry hydrants in strategic locations to aid in fire protection in rural areas. A total of $200,000 has been budgeted over the 20 year timeframe of the plan to assist in the installation of dry hydrants.
Facility 2014-18 Cost 2019-2034 Cost Total Fireflow $2.7m $8.1m $10.8m 3. Purchase of Development Rights- References in or out for draft?
4. Fire Prevention Code- References in or out for draft?
5. Advertise for Joint Public Hearing with Planning Commission- July 22, 2015 at 7:00 p.m.
Chairman Shull stated dry hydrants are recognized by ISO.
Mr. Pyles stated conservations easements should be included in the Comprehensive Plan but Purchase of Development Rights should be left out of the plan. He also requested that the Fire Prevention Code be left out of the plan.
Mr. Pyles moved, seconded by Mr. Wills, that the Board not include Purchase of Development Rights and the Fire Prevention Code in the Comprehensive Plan.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
* * * Mr. Wills moved, seconded by Ms. Bragg, that staff advertise the Comprehensive Plan Public Hearing for the Board’s July 22, 2015, meeting (Joint Public Hearing with Planning Commission).
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
WAIVERS/VARIANCES – BLUE RIDGE AREA FOOD BANK
Timmy Fitzgerald, Community Development Director, stated the Blue Ridge Area Food Bank is in the middle of an expansion project at their location in Verona. Section 25-308 of the Zoning Ordinance requires that screening be placed adjacent to any property line not entirely zoned Business, Industrial, or Planned Commerce. Section 25-308F allows for alternative compliance to the screening requirements and one of those options is that there is existing vegetation either on the lot or the adjacent lot to provide the required buffer benefits. Blue Ridge Area Food Bank is requesting to leave the existing vegetation in place and not require a privacy fence to be built. The trees would have to be removed if they are required to install a privacy fence. Staff recommends approval.
Mr. Wells visited the Blue Ridge Area Food Bank and advised that he is in agreement with staff’s recommendation.
Ms. Bragg moved, seconded by Mr. Wells, to allow the Blue Ridge Area Food Bank to be able to leave the existing vegetation in place and not require a privacy fence to be built which complies with Section 25-308F for alternative compliance.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
CONSENT AGENDA
Mr. Wills moved, seconded by Ms. Bragg, that the Board approve the consent agenda as follows:
MINUTES
Approved minutes of the following meetings:
• Regular Meeting, Wednesday, June 10, 2015 Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
The Board discussed the following issue:
Mr. Pyles expressed his condolences to the family of Gregory L. Jamison, Engineering Technician, with the Augusta County Service Authority. He lost his life Sunday, June 21, 2015. “Mr. Jamison always did a good job and was a great guy. This loss leaves a void in the Service Authority.”
MATTERS TO BE PRESENTED BY STAFF
Staff discussed the following issues:
1. Mr. Coffield commended Mrs. Earhart on all of her hard work on the Comprehensive Plan update. He noted that Mrs. Earhart met with the different departments and groups to get their input on the draft plan.
2. JULY 8, 2015 MEETING CANCELLATION
Mr. Coffield asked if the Board wanted to consider the cancellation of the July 8, 2015, Board meeting.
Mr. Pyles moved, seconded by Mr. Moore, to cancel the July 8, 2015, Board meeting due to lack of business.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
CLOSED SESSION
On motion of Ms. Bragg, seconded by Mr. Wills, the Board went into closed session pursuant to:
(1) 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) Courthouse (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) Pending Economic Development Prospect(s) On motion of Mr. Wills, 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, Shull, Wills, Moore, Bragg, Wells 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, Wills, Shull, Moore, Wells, Bragg and Pyles NAY: None The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
YOUTH COMMISSION – APPOINTMENT
Ms. Bragg moved, seconded by Mr. Wills, that the Board appoint Hannah Hensley, to serve a one-year term on the Youth Commission, to begin July 1, 2015, and expire June 30, 2016.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
ADJOURNMENT
There being no other business to come before the Board, Mr. Pyles moved, seconded by Ms. Bragg, the Board adjourned subject to call of the Chairman.
Vote was as follows: Yeas: Pattie, Shull, Wills, Moore, Wells, Bragg and Pyles Nays: None Motion carried.
Chairman County Administrator h:6-24min.15
