AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 4th DAY OF JANUARY, TWO THOUSAND AND SIX AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

 

                                                Present                                                           Absent

            Charles K. Estes, Chairman    Peter H. Luke, Co. Atty.                       None            

Robert P. Anderson, VC         John McCarthy, Co. Adm.

            Ronald L. Frazier                    Diane Bruce, Clerk

            S. Bryant Lee

            Roger A. Welch

           

            Chairman Estes called the meeting to order.  All members were present.

 

RESOLUTION,  ANNUAL ELECTION OF OFFICERS:

Chairman Estes turned the meeting over to John McCarthy, the County Administrator, for election of officers for calendar year 2006, whereupon Mr. McCarthy opened the floor for nominations and elections.

            On motion of Mr. Lee, seconded by Mr. Anderson, and the unanimous vote of the Board, Mr. Estes was nominated to serve as Chairman of the Board of Supervisors for the year 2006. 

On motion of Mr. Welch, seconded by Mr. Lee, and the unanimous vote of the Board, Mr. Anderson was nominated to serve as Vice-Chairman of the Board for the year 2006.

On motion of Mr. Frazier, seconded by Mr. Welch, and the unanimous vote of the Board, Mr. Anderson was nominated to serve as the county's representative to the Rappahannock-Rapidan Regional Commission for the year 2006. 

On motion of Mr. Lee, seconded by Mr. Welch and the unanimous vote of the Board, Mr. Frazier was nominated to serve as the Board's representative to the Planning Commission for the year 2006. 

On motion of Mr. Frazier, seconded by Mr. Lee and the unanimous vote of the Board, Mr. Anderson and Mr. Welch were appointed to serve as the Board's representative and alternate representative, respectively, to the Rappahannock River Basin Commission for the year 2006.

On motion of Mr. Anderson, seconded by Mr. Welch and the unanimous vote of the Board, Mr. Estes was nominated to serve as the Board's representative to the Water and Sewer Authority for the year 2006.

Whereupon motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt a resolution setting forth the actions of its organizational meeting, setting dates, establishing meeting guidelines and memorializing its votes, as set forth in Exhibit A attached hereto and made a part of these minutes.  The following roll-call vote was taken.

                        Aye                             Nay                             Absent

            Charles K. Estes                     None                               None

Robert P Anderson

            S. Bryant Lee

            Ronald L. Frazier

            Roger A Welch

 

MINUTES:     On motion of Mr. Lee, seconded by Mr. Frazier, the minutes of the

December 5 & 12, 2005 meetings were unanimously approved as amended. The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes, Welch.  NAY:  None.   

 

AGENDA:     On motion of Mr. Welch, seconded by Mr. Anderson, the final agenda was unanimously adopted.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes, Welch.  NAY:  None. 

 

SCHOOLS:  Dr. Robert Chappell, School Superintendent, made the following report:

            Composite Index:  This is the formula used to determine the amount of funding the state will provide for education.  Due to changes in the county's data, as set forth herein below, the state's share of the cost to fund education in Rappahannock County has decreased from 31% to 25% for the upcoming biennium 2006-2008.  Changes:  Property values represent a 34% increase; adjusted gross income is up by 4%; sales are up by 6.5%; enrollment decreased by 1% and the wealth index is up by 8%.  (See document with papers of meeting.)

            VRS Rate Increase for FY07 & FY08:  Employer contributions for retirement and group life insurance will increase substantially.  The increase, which will be set during the current meeting of the General Assembly, could amount to more than a $200,000 increase for schools for the coming fiscal year.  (See document with papers of meeting.)

            School Calendar:    Filed with papers of meeting.

 

VDOT REPORT:  

Tapps' Ford Road Bridge:  David Cubbage, Residence Administrator, reported that cold weather during late fall and the December 5 snowfall slowed the project but the contract remains ahead of schedule with an expected completion date of May 16.  Several options were considered to open a partially completed bridge for approximately three weeks in late February/early March, however, costs would have exceeded $75,000 to do so.  The bridge would then have been re-closed and the work would have to be "undone" in order to complete the project according to engineering specifications. 

Route 601 along the Hughes River:  Emergency repairs will be made where there has been a partial collapse of the road.

Bean Hollow:  Mr. Welch reported washed out sections of the road and asked that culverts be cleaned.

Routes 620 & 630—Riley Hollow:  Mr. Welch reported that the road continues to flood above the bridge and the pond continues to overflow.  Attempts to resolve the problem have not been successful.

Jordan River:  There is a logjam where the Jordan intersects with the Rappahannock River.

Fodderstack Road:  Mr. Lee stated that the area just past Moore's orchard is too narrow and that there is a problem with ditching.

 

PUBLIC COMMENT:         None.

           

OLD BUSINESS:

            Regional Jail:  A preliminary review of the jail study by Page, Shenandoah, Warren and Rappahannock counties has been filed and recommends an exploratory committee.  On motion of Mr. Estes, seconded by Mr. Welch, the Board appointed Mr. Lee to serve on the Exploratory Committee.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes, Welch.  NAY:  None. 

 

NEW BUSINESS:

            National Fish and Wildlife Foundation Grant Request:  RappFLOW will apply for a grant to study forested and riparian buffers and is requesting the county to serve as fiscal agent for any grant funds received.  Mr. McCarthy advised that this project would contribute toward the 2010 Chesapeake Bay Act requirement and that his office assistant, Candy Wroth, would be authorized to handle most of the details required of the county.  On motion of Mr. Lee, seconded by Mr. Anderson, the Board voted unanimously to serve as fiscal agent if a NFWF grant is received by RappFLOW.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes, Welch.  NAY:  None. 

 

            Tax Relief for Elderly and Handicapped Program:   Mr. McCarthy informed the Board that this program is stressed by the new reassessment.  By general consensus, the Board agreed to authorize Mr. Luke, Mr. McCarthy and the Commissioner of Revenue to make a recommendation with revised numbers and amendments. 

            Reassessment Board:  Donald Brown has resigned from this board.   The Reassessment Board has completed the appeal period and almost finished its work.  There is no need to certify a new member.  No action was taken.

 

APPOINTMENTS   

Library Board:  James Gannon's term has expired.  Veronica McCrohan has submitted a resume and letter of interest.  Cathy Grove, headmistress at Wakefield County Day School, and Andy Platt, resident of Stonewall District, have expressed an interest to Mr. Anderson.

On motion of Mr. Lee, seconded by Mr. Frazier, Veronica McCrohan was nominated to serve on the Library Board.  The following vote was taken:  AYE: Lee and Frazier. 

            On motion of Mr. Anderson, seconded by Mr. Welch, Cathy Grove was nominated to serve on the Library Board.  The following vote was taken:  AYE:  Estes, Welch, Anderson.

            By majority vote, Cathy Grove was appointed to the Library Board for a term commencing immediately.

 

CORRESPONDENCE:  (See papers of meeting.)

            (1) VDOT Enhancement Program Application, Civil War Trails:  Confirmation has been received that the Civil War Trails application has been received. Selections will be announced in March 2006.  Information can be obtained at that time at the VDOT website, www.Virginiadot.org. 

            (2) Piedmont Softball Certificate of Thanks.

            (3) Small Business Association Notice:  The SBA has given notice of a loan guaranty in the amount of $75,000 for Worth Associates, Inc., Flint Hill.

           

INFORMATION:  (See papers of meeting.)

            Building Office Report:  Total construction from November 22, 2005 to December 21, 2005 was $2,909,880.00.  Year to date totals:  (See papers of meeting for more detail.)                

Year to date totals:

               2004

               2005

New Home Construction

                 67

                  60

Commercial Buildings

                 11

                  15

           

Planning Commission Annual Report:  (with papers of meeting)

Board of Zoning Appeal Annual Report:  (with papers of meeting)

 

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Anderson, the Board voted unanimously of the members present to approve the Accounts Payables dated January 4, 2006. The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes, Welch. NAY:  None.

 

EXECUTIVE SESSION:  On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to retire into executive session pursuant to Virginia Code ¤2.2-3711A.3.  The subject matter of the closed meeting was to discuss or consider the acquisition of real property for a public purpose, when discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors under ¤2.2-3711A.3.  (Rappahannock National Bank property.) The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee, Welch.  NAY:  None.  (Resolution with papers of meeting.)

            On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to reconvene in open session.  The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee, Welch.  NAY:  None. 

Whereupon the Chairman polled the members of the Board as follows "To the best of your knowledge, do each of you certify that only public business matters lawfully exempted from the open meeting requirements under existing Virginia law, and only such public business matters as were identified in the motion by which the executive meeting was convened, were heard, discussed or considered by the Board in the executive meeting just held?" The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee, Welch.  NAY:  None.   (Resolution filed with papers of meeting.)

 

RESOLUTION TO PURCHASE PROPERTY FROM RAPPAHANNOCK NATIONAL BANK:  On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to adopt a resolution to purchase 1.8612 acres for $111,672.00 from the Rappahannock National Bank, said resolution attached hereto as Exhibit B and made a part of these minutes.  The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee, Welch.  NAY:  None.

There being no further business at the general session, the meeting recessed until 7:00 o'clock p.m. at which time the Board reconvened to conduct the following public hearings. 

            Chairman Estes was absent.  Vice-Chairman Anderson called the meeting to order.

(1) Salvano Rezoning, RZ#05-08-02:  The applicant has applied to rezone an existing .8144 acre parcel from "VR" Village Residential to "VC" Village Commercial.  The property is identified as Tax Map 13, Parcel 58A and is zoned "VR" Village Residential. It is located in the village of Flint Hill in Wakefield District.  The property has a history of commercial use and is located in proximity to other small intensity commercial uses (a real estate office, farrier's office, dentist's office, architect's office and the Flint Hill Volunteer Fire Department.)  The parcel has off-street parking for 8 vehicles. 

The Planning Commission recommends conditional approval by a vote of 4 to 1, with two members absent.

The Vice-Chairman opened the public hearing and called for public comment.

Peter and Kathy Salvano, the applicants, described the proposed use as a retail business for the sale of art, gifts, home accessories and antiques with customers coming from the local area.  Hours of operation will be 10 am to 6 pm generally.  Steps have been taken to shield the neighbors for privacy. VDOT has approved a commercial entrance and VDOH has approved the residence for retail and home occupancy.  Space has been reserved for any future drainfield needs; ample off-street parking is set out on the site plan that is filed with the application.   No parking will be in front of the building on Route 522 or the Fodderstack Road.   The applicants intend to preserve the historic nature of the 1840s home and to be a good neighbor. 

Opposing the rezoning application were neighbors Larry Jensen, Kelly Guido, Dwight Matthews and Bob Massie.  Letters opposing the rezoning were received from neighbors Sandra Whorton, Denise and John Pearson and Bonadele Ellis.  Letters of concern regarding traffic were received from the Flint Hill Fire and Rescue Association and the Rappahannock County Sheriff.

There being no further comment, the Vice-Chairman closed the public hearing at 7:25 o'clock p.m.

Mr. McCarthy advised the Board that the Planning Commission did consider safety but came to a different conclusion than some of the opponents to the application.  State Police statistics show that has only been one (1) accident in the last four years.  If the owner sells the property, a new owner would have to apply for a conditional use; this use would be restricted to the building and use if approved.  The farrier's office across the street was a conditional zoning to a professional office.  If there is a change to that use, a new application must be made. 

Mr. Lee commented that the front steps of the house block the view and that the intersection is hazardous, especially for large trucks. 

Mr. Welch noted the amount of resistance from the neighbors and expressed concern about clear access for fire and rescue equipment.  He added that there was no screening for the parking lot and that he was worried that the increased traffic would require a traffic light. 

Mr. Anderson and Mr. Frazier both expressed favorable comments about adaptive reuse of a property but were concerned that this location was not the best location.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously, of the members present, to deny the application to rezone the parcel.  The following roll call vote was taken.  AYE:  Welch, Lee, Anderson, Frazier.  NAY:  None  ABSENT:  Estes.

 

(2)  Zoning Amendment, Private Sewage Treatment Facilities:  The Planning Commission has recommended approval of an amendment to the Zoning Ordinance regarding private sewage treatment facilities.  This amendment would provide additional standards to existing standards for water and treatment systems for both commercial and residential properties.  This public hearing was properly advertised in the Rappahannock News.

Vice-Chairman Anderson opened the public hearing.

Peter Hansen inquired if the county would provide guidance as to the types of systems approved and if there are any tax credits for upgrading septic systems.  Mr. McCarthy responded that the localities cannot regulate types of systems but there is a cost-share program that may be available next year.

There being no others to comment, Mr. Anderson closed the public hearing.

On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously of the members present to adopt the resolution approving an amendment to the Zoning Chapter of the Rappahannock County Code, adding a new section ¤170-64(I), said resolution attached to these minutes at Exhibit C and made a part of these minutes.   The following roll call vote was taken.  AYE:  Welch, Lee, Anderson, Frazier.  NAY:  None  ABSENT:  Estes.

 

(3)  Personal Property Tax Relief Ordinance:  Mr. Luke advised the Board that there is no discretion regarding this ordinance if the county wishes to continue receiving state funding reimbursements for property tax on vehicles pursuant to the Personal Property Tax Relief Act of 2005.  The ordinance must be adopted so the county can implement this tax relief.  This public hearing was properly advertised in the Rappahannock News.

Vice-Chairman Anderson opened the public hearing.  There were no public comments and Mr. Anderson closed the public hearing.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously of the members present to adopt an ordinance amending Chapter 151 of the Rappahannock County Code to provide for the implementation of the 2004-2005 changes to the 1998 Personal Property Tax Relief Act.  (The ordinance is attached hereto as Exhibit D and made a part of these minutes.)  The following roll call vote was taken.  AYE:  Welch, Lee, Anderson, Frazier.  NAY:  None  ABSENT:  Estes.

            There being no further business, the meeting adjourned at 8:05 o'clock p.m.

 

_________________________________                  __________________________________

Charles K. Estes, Chairman                                        Robert P. Anderson, Vice-Chairman