Regular Meeting – May 23, 2018
Regular Meeting, Wednesday, May 23, 2018, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Gerald W. Garber, Chairman
Carolyn S. Bragg-Vice Chairman
Terry L. Kelley, Jr.
Michael L. Shull
Wendell L. Coleman
Marshall W. Pattie
Pam L. Carter
Timothy K. Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
John Wilkinson, Director of Community Development
James R. Benkahla, County Attorney
Angie Michael, Executive Assistant
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, May 23, 2018, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 242nd year of the Commonwealth….
Chairman Garber welcomed the citizens present.
Braxton Bragg of Stuarts Draft led the Board of Supervisors in the Pledge of Allegiance.
Terry Kelley, Supervisor for the Beverley Manor District, delivered the invocation.
MIDDLEBROOK VOLUNTEER FIRE DEPARTMENT – PUBLIC USE OVERLAY
This being the day and time advertised to consider a request to add the Public use Overlay to approximately 1.07 acres owned by Middlebrook Volunteer Fire Department and located on the west side of Cherry Grove Road (Route 670) approximately one-tenth of a mile south of Middlebrook Road (Route 252) in the Riverheads District. The Planning Commission recommends approval.
John Wilkinson, Director of Community Development, stated that the Middlebrook Volunteer Fire Department would like to build a bunkhouse with a two bay vehicle garage.
Public water is available to the property and is compatible with the adjacent Public Use Overlay zoning. This is not in compliance with the Comprehensive Plan because it is planned for low density residential. However, the Planning Commission recommends approval, along with Staff, because the expansion of a fire department would provide essential services to the surrounding community.
The Chairman declared the public hearing open.
Jason Shultz, Middlebrook Fire Chief, stated that this will enhance service to the Middlebrook community. Especially in times of inclement weather or staffing shortages.
The current building does not allow overnight housing. The two bay garage will house two of the smaller trucks and the living quarters will include showers, restrooms, bunk rooms, kitchen and a social area. The new building will be approximately 40×60.
MIDDLEBROOK VOLUNTEER FIRE DEPARTMENT – PUBLIC USE
Ms. Bragg asked how many people the bunkhouse would allow.
Mr. Shultz stated that it would house up to four people.
There being no other speakers, the Chairman declared the public hearing closed.
Mr. Shull stated that the Middlebrook community has been working hard to come up with plans to help the emergency services.
Mr. Shull moved, seconded by Mr. Kelley that the Board approve the rezoning.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie and Carter Nays: None Motion carried.
ROSEMARIE B. WEST, TRUSTEE & DORIS S. WRIGHT, ETAL – REZONING
This being the day and time advertised to consider a request to rezone approximately 46.63 acres from General Agriculture to Attached Residential, 8.62 acres from General Agriculture to Single Family Residential, and 9.43 acres from General Agriculture to General Business owned by Doris S. Wright, Etal and Rosemarie B. West, Trustee, a portion of which is located on the west side of Folly Mills Station Road (route 800) approximately .15 of a mile north of the intersection of Folly Mills Station Road (Route 800) and White Hill Road (Route 654), and a portion of which is located on the north side of White Hill Road (Route 654) just east of the intersection of White Hill Road (Route 654) and Lee Jackson Highway (Route 11) in the Riverheads District. The Planning Commission recommends approval.
Mr. Wilkinson showed a map on the screen of the property.
The Chairman declared the public hearing open.
Ray Burkholder, Balzer and Associates, stated that the plan is a mixed use development. In keeping with the Comprehensive Plan, the business portion has been pulled from Folly Mills in order to help control traffic. Folly Mills is currently 25mph and it is a concern due to tight corners to the north of the site. Mr. Burkholder proposes adding additional signage to help manage the traffic. The plan is to direct traffic to White Hill Road. This will also allow them to buffer their own development. Around the business, they are looking at duplex homes on the left side and attached residential to the north and east. They will be going through the planning process and working with the Service Authority. Water and sewer will be extended up through the property. A fire flow test has been performed. A Traffic Analysis was not required, but the entrances and turn lanes will be reviewed with VDOT. There are stormwater concerns on some steep slopes. These issues are being addressed with open space as well as providing some amenities for the development. Areas have been identified for this purpose that will help manage the runoff and provide recreational space. The residential section has a potential of 5.2 units per acre.
Ms. Bragg asked what the build out time would be.
ROSEMARIE B. WEST, TRUSTEE & DORIS S. WRIGHT, ETAL –
Mr. Burkholder stated that it could take up to 20 years to complete the development.
There being no other speakers, the Chairman declared the public hearing closed.
Mr. Shull moved, seconded by Mr. Coleman that the Board approve the rezoning request.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie and Carter Nays: None Motion carried.
GARLAND F. JR., OR MELONY EASTER AND GARLAND F. OR EVELYN B. EASTER
– REZONING
**PUBLIC HEARING RESUMED FROM April 25, 2018** This being the day and time advertised to consider a request to rezone from General Agriculture to Single Family Residential approximately 12.6 acres owned by Garland F. Jr. or Melony Easter and Garland F. or Evelyn B. Easter located on the east side of Old Goose Creek Road (Route 640), approximately 1.04 miles west of the intersection of Old Good Creek Road and Lifecore Drive (Route 636) in Fishersville in the Wayne District.
The Planning Commission recommends denial.
Mr. Wilkinson stated that this is a hearing continued from the April 25, 2018 Board of Supervisors meeting.
The Chairman declared the public hearing resumed from April 25, 2018.
Brasil Hamrick of Hamrick Engineering, stated that he represents Mr. Easter and he also designed the plan. There are primarily two issues with this rezoning. The first one being that Goose Creek Road was paved through rural rustic funds. The goal is to limit development on those roads so the project was divided into three five acre lots.
Research was done on Goose Creek Road traffic flow from 2001-2017. After Lifecore Drive was built, the traffic on Goose Creek Road dropped. In 2008 there were 428 vehicles per day. With this development, the result will be 470 vehicles max. This project does not have a dramatic effect on the area. The second issue is connection to Troxel Lane. This is not required nor desired for this development project. Zoning Administration has no issues with the development. Water and sewer services are in place and there has been a fire flow test performed. Fire and Rescue has stated there would be no decrease in response time and schools will not be greatly affected. This is in the Comprehensive Plan for the urban service growth area.
Garland Easter stated that the property was bought as an investment and it is too steep to farm.
Bob Pingrey has concerns with the inability for Goose Creek Road to handle the additional traffic. If this development occurs, VDOT will need to widen the road.
Ben Cash of 288 Old Goose Creek Road, shares the same concerns as Mr. Pingrey.
Jenny McManus lives on Troxel Lane and questioned whether a second entrance/exit
GARLAND F. JR., OR MELONY EASTER AND GARLAND F. OR EVELYN B. EASTER
was required for emergency purposes.
Mr. Wilkinson stated that a second entrance/exit is not a requirement until 100 homes are reached in the development.
Sarah Splawn does not want Troxel Lane to be used for this development.
There being no other speakers, the Chairman declared the public hearing closed.
Mr. Coleman recommends not rushing into this decision and toake an additional 30 days to consider. The public hearing was opened a month ago and the developer asked for an additional 30 days to complete what was needed. Additional comments have been received from VDOT just prior to the start of the meeting and have not been reviewed.
Mr. Coleman wants everyone involved to understand where he is coming from.
Development is wanted in Fishersville, but it needs to be responsible development.
Mr. Coleman moved, seconded by Dr. Pattie that the Board table the rezoning for 30 days until the June 27 meeting.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie and Carter Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC — NONE
VERONA COMMUNITY ASSOCIATION
The Board considered a request for funding for a VCA project.
Funding Source: North River Parks & Rec 80000-8023-42 $1,453.75 Beverley Manor Parks & Rec 80000-8021-57 $1,453.75 Mr. Fitzgerald stated that Verona Community Association has requested help with funding to improve the ball field at Verona Elementary School. The plan is to improve the infield dirt, drainage on the field, gravel in the dugouts and parking area. They also plan to build a BBQ pit for fundraising. Due to Verona Elementary School being under contract for sale, it cannot be a Parks and Recreation Matching Grant request so it is requested to come from Parks and Recreation Infrastructure.
Dr. Pattie moved, seconded by Mr. Kelley, that the Board approve the funding for the VCA project.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
STEWART MIDDLE SCHOOL BASEBALL FIELD
The Board considered a request to fund improvements to the field.
Funding Source: Middle River Parks & Rec 80000-8022-52 $4,816.00 North River Parks & Rec 80000-8023-43 $4,816.00 Beverley Manor Parks & Rec 80000-8021-58 $4,816.00 Mr. Fitzgerald stated that there has been a request of funding for improvements to the field behind Stewart Middle School. The School Board sent out for quotes and talked to four different venders and received one bid. The first phase for the repairs is $11,884.00 and the second phase is $2,564.00. It is requested that the funding come from the Middle River, North River and Beverley Manor Infrastructure accounts.
Dr. Pattie recommended the funding come from the Parks and Recreation Infrastructure accounts.
Dr. Pattie moved, seconded by Mr. Kelley, that the Board approve the funding for the Stewart Middle School Baseball Field from the Parks and Recreation Infrastructure accounts.
Mr. Coleman reiterated that the School Board attempted to receive four bids on the project, however, only one bid was received.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
MILL PLACE WALKING TRAIL
The Board considered a naming of the trails at Mill Place.
Jennifer Whetzel, Deputy County Administrator, stated that a presentation was given on Monday on the status of trail construction at Mill Place, along with criteria for naming the trails. The Mill Place master plan update makes recommendations to install a fitness and walking trail network throughout the park. Included in the master plan are trails, one of which is being constructed around the large detention area currently. The name should accommodate potential expansion and additional trails. The signage plan is moving forward and will be before the Board in the near future. The Parks and Recreation commission recommended the name be “The Trails at Mill Place”.
Mr. Kelley stated that he also recommends the name “The Trails at Mill Place”. It has been a great experience watching this project develop.
Mr. Kelley moved, seconded by Dr. Pattie, that the Board approve “Trails at Mill Place” as the name for the trails at Mill Place Commerce Park.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
ECONOMIC DEVELOPMENT INCENTIVES
The Board considered the resolutions for the current incentives.
Jennifer Whetzel, Deputy County Administrator, stated that on Monday there was a presentation on the financial status of Economic Development Incentives that have previously been offered by the County to expand or locate business in the area. Before the Board for consideration are five resolutions related to grant matches or Virginia Jobs Investment Program (VJIP) matches related to those incentives. The resolutions would authorize repayment from the County for economic incentives included in the performance agreements previously approved by the Board. The funds would be appropriated to be kept by the County until those grants are matched at 100%.
Ms. Bragg moved, seconded by Dr. Pattie, that the Board authorize repayment of funds for Accutec at $125,000.00 grant match and $53,000.00 VJIP.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Ms. Bragg moved, seconded by Dr. Pattie, that the Board authorize repayment of funds for McKee’s grant match at $300,000.00.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Ms. Bragg moved, seconded by Dr. Pattie, that the Board authorize repayment of funds for Shamrock’s grant match at $300,000.00 and $58,500.00 VJIP.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Ms. Bragg moved, seconded by Dr. Pattie, that the Board authorize repayment of funds for StableCraft’s grant match at $15,000.00 and $8,000.00 VJIP.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Ms. Bragg moved, seconded by Dr. Pattie, that the Board authorize repayment of funds for the following VJIP Matches: Provides at $42,000.00, Hershey at $51,750.00, DraftCo.
at $12,000.00 and Hutchins & Hutchins at $12,000.00 Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
FLOOD CONTROL DAMS
The Board considered the update to the Memorandum of Understanding for Hearthstone Dam.
Ms. Whetzel stated that there was a preliminary construction figure several years ago on the Hearthstone Dam when the project started. When the design was reviewed by NRCS it was decided a chimney drain was needed. In the meantime, NRCS requested that the County procure services for the final design due to staffing issues at their level. That has been done and the plans have been turned in for review. A toe drain design can now be done. This is a less evasive repair to the structure. The three budget amounts proposed over the terms of the contract are the original amount of $2.4 million and with the chimney drain it increased to $5.8 million. With the toe drain and the temporary road it increased to $3.9 million. At this point final approval of the design is needed from NRCS. That should be received in June 2018. The contract for the Design Services also includes permitting bid phase and Construction Management Services. This would require someone onsite monitoring the contract as it goes along. NRCS has reimbursed the County for the 100% design up through the design amounts. It is before the Board to request moving to the bid phase so that when final design is received, Schnabel Engineering can start drafting the document to hire a contractor. The construction phase services will come back to the Board at a later date and will be evaluated. Before the Board is a Memorandum of Understanding with NRCS adding in the Design Construction Management contract. Staff also recommends the Board authorize execution of the MOU once the state budget is determined. If the state does not approve the funding, Headwaters will be affected.
Dr. Pattie stated that Mr. Garber and himself met with Rockingham County and had a good discussion. They questioned how much of the water would come into their territory.
Mr. Fitzgerald stated that a letter was provided addressing that issue. 30% of the inundation zone is in Rockingham County. A suggestion was made to them to participate in funding at 30%.
Dr. Pattie moved, seconded by Mr. Kelley, that the Board approve the updated Memorandum of Understanding update for Hearthstone Dam.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
STREETLIGHT REQUEST
The Board considered a request for the installation of a streetlight at Windward Pointe, Section 4.
Mr. Wilkinson stated that Countryside Development has requested that Augusta County accept six remaining streetlights into the County’s streetlight account for Section 4 of Windward Pointe. The lights have been inspected by staff and they meet policy and spacing requirements of the program.
Mr. Coleman moved, seconded by Dr. Pattie, that the Board approve the installation of streetlight.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
AUGUSTA COUNTY COURTHOUSE
The Board considered the Courthouse Committee’s recommendation.
Mr. Fitzgerald stated that the Courthouse Committee has done a fair amount of work in looking at the best options for moving forward with the Courthouse. There have been meetings and site visits with stakeholders and several groups. On multiple occasions the committee met with the City representatives, Mayor Carolyn Dull and Mr. Kier. There have been meetings with both Clerk of Courts in the city and the county. A meeting has been had with Judge Ludwig, Judge Goodwin and Judge Shaw, the Commonwealth Attorney and Union Bank representatives. The committee has visited and toured the Cochran Judicial Center, Echols Building, 1901 Circuit Court, General District/Juvenile Relations Court buildings, the Union Bank building and Beverley Manor Elementary School. The committee considered options to come to the best conclusion for the courts.
The first option was to consider consolidation with the City of Staunton. This option would consolidate County and City court functions completely. After researching that option it was determined that both the County and City would have to hold a referendum to consolidate. Both referendums would have to pass in order to complete the consolidation. The committee’s thought was the chance of the referendum winning in both the City and the County were slim. This did not appear as a good option for moving forward. The next option considered was to renovate the 1901 building, renovate the Echols building, and renovate the General District building. This option does not allow for future growth and continues to require the County to operate three buildings. A connection from the Circuit Court to the Echols building would need to be reviewed and would require additional security. The third option considered was to renovate the 1901 building and expand on to the Union Bank lot with a new addition off the historic court room. This required the City to close the street. The cost to do this would be significant and the impact of closing the street was not simply on a block, it included several intersections and would change the traffic pattern significantly. A fourth option considered was to build a new building on the Union Bank lot and renovate the Circuit Court. After meeting with Union Bank, it was clear that they were happy where they were and the building is a good bank building, but not for a court. The cost provided to us from Union is too high to make this a sound financial option.
The committee’s recommended option is to do a demolition and rebuild a new courts facility on property the County owns where the General District Court building sits. This option would remove the General District building and re-build a new building on the same property. The new building would accommodate the Circuit Court, General District Court and Juvenile Domestic Court. It would also accommodate the clerks for the courts and the security needs that go along with the courts. During this process, we will need to go through the City’s Historic Review Board in proposing the new building. The 1901 Circuit Court would be renovated to office space. The renovated courthouse could accommodate the Commonwealth Attorney’s office, Courts Services Unit and the Magistrate. This facility would maintain the historic court room. Renovating to office space standards will save cost as many of the courthouse standards will not have to be met. It is proposed to relocate the General District and the Juvenile and Domestic Court to Beverley Manor Elementary School during construction. This will require some renovation of the space to make it acceptable for court functions. The location of Beverley Manor Elementary School is a close distance to the existing court facilities. A road test was performed and there is only a couple of minute’s difference. This location would work well for a temporary facility for the courts. The Circuit Court would remain at its current location during construction and would move to the new building after completion. Staff is looking for direction in order to advertise a Request for Proposal (RFP) for architectural and design services on the recommended option. This RFP would also include the needed renovations for the Beverley Manor Elementary School for temporary courts. A further Board discussion will be needed in regards to the Historic tax credits for the 1901 building.
Mr. Garber stated that to some this may seem like a long process. The committee considered every option possible. Staunton has been good to work with. Mr. Garber assured the City of Staunton that there would be no conversation through the media.
This option isn’t the first choice, but it’s the choice the County can afford. It’s important to never lose sight of what we can afford. The committee checked every box, looked at consolidation, what will work and not work and this is the option.
Mr. Kelley stated that it looks like it took a long time, but there is a lot of work in visits and discussions. Mr. Kelley feels this is the best decision for the citizens of Augusta County.
Mr. Kelley moved, seconded by Ms. Bragg, that the Board approve the committee’s recommendation to advertise for a RFP.
Ms. Carter asked what the timeline is in completing the process.
Mr. Fitzgerald stated the RFP should be out within 30 days. It will be out for bid for 30 days and then the process of interviewing the firms and selecting the firms. The firm will then need five or six months to compile a package. It will most likely be the first of the year before anything can be started. The goal is to bid this out in the next year and construction will begin the following year.
Mr. Shull stated that considering there have been three different companies looking at this project, he hopes those plans are used for useful information. The footprint of the building may be slightly different, but the concept is still there.
Mr. Coleman stated that the work that has been with the General Assembly needs to be included.
Mr. Garber pointed out that the General Assembly was an important step. The committee was not moving forward until the General Assembly approved and said it could be done.
Dr. Pattie thanked the committee for their hard work. He doesn’t agree with this as expected. A Mosely study was done and it publicly stated that leverage over Staunton was needed. We got the leverage over Staunton and came up with a $5 million package cutting the cost of the Circuit Court construction from $5 million to $2 million. It was then declared that a new courthouse needed to be built in Verona or downtown Staunton. It was based on a threat that the person didn’t have authority to follow through on. The referendum failed and nothing happened so it was an empty threat. At that time it was said the General District and the Juvenile Domestic building was no longer sufficient and this was based off of one person’s vision. The day after the referendum there was a meeting and it was recommended to do a study on the current building because the building had not been looked at. The deficiencies are seen, but there have been no analysis done to determine whether it’s sufficient. Five to eight years ago $2 million dollars was spent on renovating. This will be the fifth study on the courts and it’s getting expensive. Dr. Pattie does not feel this is the best option for the citizens.
Mr. Garber stated that the General District Building was not built to stand time. It would be difficult to renovate and has significant problems. It’s time to build something useful.
Mr. Garber would not tie this back to one individual. One very important point, a reference was made to a threat of what would happen if something wasn’t done, Mr. Garber perceives that as an understanding that the Board is going to work at something so a threat is not necessary. The people spoke and it’s time to regroup and go a different direction.
Mr. Shull stated that renovations to the courthouse have been longer than five to eight years ago. Mosely assessed the needs and evaluated the building and came up with a needs assessment. There is no need to spend more money on another needs assessment. The plans we have need to be utilized.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, and Carter Nays: Pattie Motion carried.
BUDGET FY2019
The Board considered the position authorized in the FY19 budget.
Mr. Fitzgerald stated that a position was authorized with the FY19 budget. This position would either be a communications person or an attorney. Documents have been provided of a comparison with the two positions. Both positions are easily justified.
Ms. Bragg stated that a communications position had been discussed during the budget worksessions. The vision of what staff felt would be the most useful duties was presented. A discussion has also been had about the need and possibilities for a second attorney. Ms. Bragg added to that discussion that a second attorney position had been requested several times in the past and this has been an ongoing need.
Ms. Bragg moved, seconded by Mr. Kelley, that the Board proceed with the Attorney position.
Ms. Carter moved, seconded by Mr. Shull, that the Board table until the next meeting so that more information can be gathered.
BUDGET FY2019
Ms. Bragg stated that the information has been there since the budget worksession.
Vote was as follows: Yeas: Shull, Coleman, Pattie, and Carter Nays: Garber Bragg Kelley , , Motion carried.
WAIVERS
Consider the Countryside parking waiver request.
Mr. Wilkinson stated that a request was received from Countryside Service Company for a parking waiver request to reduce the required amount of spaces on a multi-family development. The ordinance provides for a waiver providing the Board of Supervisors finds that a parking study or similar document from the applicant meets the public health, safety or welfare and would be equally or better served by the modification or waiver; that the modification or waiver would not be a departure from design practice; and the modification or waiver would not otherwise be contrary to the purpose and intent of this chapter. In granting the modification or waiver, the Board of Supervisors may impose such conditions as deemed necessary to protect the public health, safety, or welfare. The information has been received from the applicant. A listing of what similar surrounding localities require for parking and a statement was made that a parking lot could be built for less cost. This savings would be passed on to their renters. Staff does not support their request.
Dr. Pattie stated many have lived an apartment at some point in their lives. The application seems incomplete because there should have been a full parking study. Dr. Pattie recommends tabling the item to allow for a full parking study to be completed.
Dr. Pattie moved, seconded by Mr. Kelley that the Board table the waiver request.
Mr. Coleman commented Monday that he was more in favor of granting the waiver request. Since then he has decided that it’s not what he needed to support. Mr. Coleman doesn’t want to go against an ordinance. The request is not consistent with the ordinance and within the allowable language in the ordinance that would warrant a waiver.
He is not in favor of this waiver because it goes against the ordinance.
Mr. Shull stated that in the public hearing from earlier there were no proffers. There is no guarantee that the developer will do what he claims he will do. This is the same situation.
Mr. Coleman moved, seconded by Ms. Bragg, that the Board deny the request.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CONSENT AGENDA
Chairman Garber asked if the public wished for any item to be removed from the Consent Agenda. No request was made.
Ms. Bragg moved, seconded by Mr. Shull, that the Board approve the consent agenda as follows:
MINUTES
Approved minutes of the following meetings:
• Regular Meeting, Wednesday, March 28, 2018 • Regular Meeting, Wednesday, April 11, 2018
STREET ADDITION
Consider 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 request:
1. Ivy Ridge Townhouses, Section 4 Vote was as follows: Yeas: Shull, Garber, Coleman, Kelley, Bragg and Carter, Pattie Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE BOARD
Mr. Shull stated that he has been gathering more information regarding the Auto Launch and will be discussing at a later time.
Ms. Bragg reminded everyone of Sweet Dreams coming up on June 2.
Ms. Bragg moved, seconded by Mr. Shull, that the Board re-appoint the following Boards and Commissions, effective July 1, 2018 and to expire on June 30, 2022:
Garry Gordon Augusta County Service Authority Ronald Ritchie Parks & Recreation Commission Kitra Shiflett Planning Commission Melody Puffenbarger Library Board Bud Shaver Ag Industry Board Riley Murry Recycling Committee Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Dr. Pattie moved, seconded by Mr. Shull that the Board approve rescinding the V R Associates vote from April 25, 2018.
Dr. Pattie stated that by rescinding the vote they do not have to wait a year to come back to the Board of Supervisors.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Pattie, and Carter Nays: Coleman Motion carried.
Dr. Pattie pointed out that going forward that if the Board does not like a project at all then it should be voted against. If it has some merit, but not in the right form, then it should be tabled and brought back to the Board at a later time.
Mr. Garber stated that sometimes there’s a danger of dragging things out. There is the option to table and the Board sometimes moves too quickly.
Mr. Kelley moved, seconded by Mr. Shull, that the Board re-appoint the following Boards and Commissions, effective July 1, 2018 and to expire on June 30, 2022:
Greg Campbell Planning Commission Butch Wells Augusta County Service Authority Jerry Cleveland Ag Industry Board Mark Daugherty Recycling Committee Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Mr. Kelley moved, seconded by Mr. Shull, that the Board appoint the following Boards and Commissions, effective July 1, 2018 and to expire on June 30, 2022:
Bryette Covington Library Board Francis Fenneran Parks & Recreation Commission Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
MATTERS TO BE PRESENTED BY STAFF
Timothy Fitzgerald, County Administrator discussed the following issues:
1) Mr. Fitzgerald met with Nancy Sorrells to discuss recent issues occurring with the pipeline. The Soil and Water Conservation Board has opened a comment period that is open until May 30, 2018. This is in regards to the stream crossings. A blanket permit was given to the pipeline which did not require them to look at the stream crossings individually. The Soil and Water Conservation Board came back and said more work needed to be done and they needed to look at individual stream crossings.
Augusta County has a significant amount of stream crossings and some of them are major streams. Mr. Fitzgerald suggests writing a letter to the Soil and Water Conservation Board with the recommendation that our major rivers and contributories have an individual stream crossing report.
Ms. Bragg moved, seconded by Mr. Kelley, that the Board direct staff to produce the letter and send it.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Also as a part of this, the Augusta County Alliance, along with the Southern Environmental Law Group intends to file a lawsuit in regards to FERC approval. They are asking local governments to consider being a part in completing an amicus briefing in front of the court. Unlike Nelson County, this Board has not taken official action on the pipeline. The Board has been of the mindset to cooperate and keep the door open with Dominion. There have been some changes as a result of that mindset.
The Board agrees that this is not something they want to be involved in.
2) Discussion on an ordinance regarding business zoning and apartments on a business second floor. The ordinance committee has been working on the ordinance and needs authorization to advertise for a public hearing.
Mr. Wilkinson stated that this ordinance has been around for a long time. It allows apartments above a business. In the 70’s and 80’s, when this ordinance was created, most businesses were only two story businesses in Augusta County. 90% of the ground floor had to be for business use. In the past year or so there have been several people come in and talk about business development. They question the ordinance allowing apartments, but they are talking about three or four story apartments above a business.
This would change the primary use of the property from business to multi-family and that’s not permitted by the current business ordinance. The ordinance also states that if it’s not listed as a permitted use then it’s prohibited. The Ordinance Committee considered changing the wording of the first sentence of the ordinance, but agreed to leave it as it is. It is proposed that not more than one floor above a business be apartments. Additional floors may be permitted by a special use permit approved by the Board of Supervisors.
Ms. Bragg moved, seconded by Mr. Shull that the Board approve moving forward with advertising the public hearing.
Vote was as follows: Yeas: Garber, Bragg, Kelley, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
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) Fire and Rescue On motion of Mr. Shull, seconded by Ms. Carter, the Board came out of Closed Session.
Vote was as follows: Yeas: Shull, Garber, Coleman, Kelley, Carter, and Pattie Nays: None
Absent: Bragg
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, Coleman, Garber, Kelley, Shull and Carter NAY: None
ABSENT: Bragg
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, Ms. Carter moved, seconded by Mr. Coleman, the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Garber, Kelley, Shull, Coleman, Pattie and Carter Nays: None
Absent: Bragg
Motion carried.
Chairman County Administrator
h:05-23min.18
