AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD
OF SUPERVISORS HELD ON THE 7th DAY OF JANUARY, TWO THOUSAND AND EIGHT AT TWO
O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA
|
Present |
Present |
Absent |
|
Robert P Anderson, Chairman Ronald L.Frazier, V-Chairman S. Bryant Lee Roger A Welch Edward D. Wayland |
John McCarthy, Co. Adm. Peter H. Luke, Co. Attorney Diane Bruce, Clerk |
None |
Chairman Anderson called the meeting to order.
RESOLUTION, ANNUAL ELECTION OF OFFICERS:
Chairman Anderson turned the meeting over to John McCarthy, the County Administrator, for election of officers for calendar year 2008, whereupon Mr. McCarthy opened the floor for nominations and elections.
Planning Commission: Ronald F. Frazier elected unanimously upon motion of Mr. Lee, seconded by Mr. Wayland.
Rappahannock-Rapidan Regional Commission: Robert P. Anderson elected unanimously upon motion of Mr. Frazier, seconded by Mr. Lee.
Rappahannock River Basin Commission: Robert P. Anderson elected unanimously upon motion of Mr. Welch, seconded by Mr. Wayland.
Rappahannock River Basin Commission Alternate: Roger A. Welch elected unanimously upon motion of Mr. Frazier, seconded by Mr Lee.
Vice-Chairman of Board: Ronald F. Frazier elected unanimously upon motion of Mr. Lee, seconded by Mr. Welch.
Chairman of the Board: Robert P. Anderson elected unanimously upon motion of Mr. Welch, seconded by Mr. Frazier.
Following
nominations, on motion of Mr. Lee, seconded by Mr. Wayland, the Board voted
unanimously to adopt the Organizational Meeting Resolution, electing officers,
making appointments, 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.
Robert P Anderson None None
Ronald L. Frazier
Roger A Welch
Edward D. Wayland
S. Bryant Lee
MINUTES: On motion of Mr. Lee, seconded by Mr. Wayland, the draft minutes of the December 3, 2007 meeting were unanimously approved. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.
AGENDA: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to adopt the amended Final Agenda. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.
SCHOOLS: Dr. Robert Chappell, Superintendent of Schools, made the following report:
(1) Enrollment projections: The state's projection for next year is 902.3 students. The Weldon Cooper Center is projecting 961 students. The School Board will conduct a survey of next year's incoming kindergarten class.
(2) Projected Revenue for FY09: Based on the state's figure of 902.3 students, revenues will be $2,808,233.
(3) Football Cost Report: The Superintendent distributed a detailed report comparing the finances between the first year of varsity football and the current year. Expenses during the first year totaled $33,210.73; expenses paid in FY07/08 totaled $19,963.88. (Document filed with papers of meeting.)
(4) Rappahannock County and School Funding Team: The Team has circulated an "alert" asking community support for legislative changes to Virginia Code §22.1-98.2 that would retool the school funding formula thereby creating increased state revenues. (See circular filed with papers of meeting.)
(5) Energy Efficiency Review: At the suggestion of Mr. Wayland, Dr. Chappell will review the study presented last year and implement as many cost-savings energy techniques (such as lowering window shades during cold weather) as possible.
(6) School Audit: The preliminary report submitted by the Efficiency Review Team, which was not permitted to be made public, has been reviewed and returned with school board comment. A final report should be returned to the School Board by March 15, 2008.
Dr. Chappell added that the review team was not familiar with the operations of a small rural school system; however the school system will have to implement at least 50% of the recommendations or pay an additional 25% of the costs.
VDOT REPORT:
The report of David Cubbage, Residency Engineer, follows:
(1) The Rt 622 bridge will be complete within 18 - 24 months. The current load capacity is now 12 tons.
(2) Secondary Road 6-Year Plan Hearing Schedule: Work session in February; public hearing in March; resolution in April. No new projects are expected to be added. Three projects may be considered for dropping from the plan.
(3) The maintenance budget is expected to remain flat for the next 4 or 5 years. Funding has been unchanged for three years.
(4) Sperryville bridge: Project is slated for 2013. Environmental and engineering studies are underway. Once these studies are complete, VDOT may move up this project.
PUBLIC COMMENT:
Stuart Field, Amissville: Wayne Dodson, speaking on behalf of the Rappahannock Athletic Association, Amy Hitt, Lorraine Early, Franklin Fishback and Wes Wimmer all addressed the proposed transfer of ownership of Stuart Field from the Ruritans to Rappahannock County. The speakers requested assurances that the county would not change the use of the property which was given by the Stuarts to the Ruritans to be used specifically as baseball fields for youth. A copy of a letter from Mrs. Stuart to the Ruritans, explaining the intended use of the property, is filed with the papers of the meeting.
The Board returned assurances that the county had no intention of operating the facilities or changing the use of the property.
Debra Reina, Amissville, complained of unimaginable noise caused by youngsters riding their ATV machines in their yards in residential areas. She asked the Board to consider some kind of prohibition.
Cole Johnson, Stonewall-Hawthorne, commented that the sign ordinance needs to be modified if business is to be attracted to the county.
There
being no further comments, the public comment session was closed.
OLD BUSINESS:
Landfill Report: The last cell at the landfill is now closed and the hauling contract with Culpeper County began on December 17. Permanent closure of the cell will take place in the Spring and will cost approximately $500,000. Funds are included in the budget.
Illegal Immigration Coalition: Minutes of the October and November meetings are filed with the papers of the meeting.
HB3202, Committee Appointments, VACO Region 7: Applies to primarily Culpeper, Fauquier and Orange Counties. By general consensus at this time, no appointments were made. Mr. McCarthy will monitor this bill.
Conservation Easements, Co-Holding Draft Proposal: Mr. McCarthy read a draft proposal dated January 7, 2008, recommending forth seven criteria the Board of Supervisors could consider in its evaluation in participating with other groups in the co-holding of easements with private, non-profit organizations. There being no objection, the Board indicated general agreement. (See Exhibit B attached hereto and made a part of these minutes.)
NEW BUSINESS:
Stuart Field, Deed of Gift: Mr. Luke and Mr. McCarthy will meet with members of the Ruritan Club and RAA to draft an agreement and deed with covenants so both organizations can utilize the field. A final report will be made in several months.
Regional Reassessment Proposal: Page County proposed the regional concept for the periodic county real estate assessments. Clarke, Shenandoah and Warren Counties are interested. By general consensus, the Board authorized Mr. McCarthy, Mr. Anderson and the Commissioner of Revenue, to attend an informational meeting.
APPOINTMENTS: See Resolution heretofore adopted and attached as Exhibit A.
CORRESPONDENCE: (All letters filed with papers of meeting.)
Hazel River Tier III Designation: Notice has been received from the Department of Environmental Quality that the proposed designation for the Hazel River (within the boundaries of the Shenandoah National Park) is open for public comment until February 8, 2008.
INFORMATION:
Building Office Report: Total construction from November 22, 2007 to December 21, 2007 was $1,828,955.00. Year to date totals: (See papers of meeting for more detail.)
|
Year to date totals: |
2006 |
2007 |
|
New Home Construction |
67 |
44 |
|
Commercial Buildings |
6 |
9 |
Building Office Annual Report:
|
New Homes |
44 |
$14,558,371 |
|
Addition/Remodel/Renovation |
62 |
$ 6,380,287 |
|
Storage Building/Garage |
39 |
$ 1,570,876 |
|
Commercial Bldg/Remodel |
9 |
$ 550,500 |
|
Misc. Per.List Bel. |
|
$ 1,514,710 |
|
Total 2007 |
|
$24,574,744 |
|
Total 2006 |
|
$25,312,615 |
ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to approve the Accounts Payables dated January 7 , 2008. The vote was recorded as follows: AYE: Wayland, Welch, Frazier, Lee and Anderson. NAY: None.
EXECUTIVE SESSION: (3:40 pm) On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2- 3711A.7 to consult with legal counsel or to receive a briefing by staff members or consultants pertaining to actual or probable litigation where such consultation or briefings in open meeting would adversely affect the negotiation or litigating position of the Board of Supervisors under §2.2-37llA.7 et seq. The subject matter of the closed meeting was consideration of authorizing prosecution of a number of alleged zoning violations, including inoperable vehicles and discussion of actions in the Dominion Power case. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland NAY: None.
Open
Session: (4:10 pm) On
motion of Mr. Welch, seconded by Mr.
Wayland, the Board voted unanimously to reconvene into open session. The following roll-call vote was taken.
AYE: Wayland, Anderson, Frazier, Lee,
Welch. NAY: None.
Certification: 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: Anderson, Frazier, Lee, Welch, Wayland. NAY: None.
There being no further business at the General Session, the Board recessed at 4:10 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings.
(1) Rappahannock County Code: Proposed Amendment to Chapter 170-138A Zoning Violations,: Mr. McCarthy reported that the Planning Commission made minor changes in the advertised version and then recommended adoption by majority vote.
Mr. Luke explained that the proposed amendment will automatically keep the zoning ordinance in compliance with state law and would not require any further advertising or public hearings to amend. The penalties are the maximum allowed by state law.
Chairman Anderson opened the public hearing. Monira Rifaat, Piedmont District, inquired if there was any leeway with the language. The Chairman closed the public hearing.
Mr. Luke advised that the language tracks state law.
On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to adopt the Amendment to Chapter 170-138A as set forth in Exhibit C attached hereto and made a part of these minutes. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.
(2) Rappahannock County Code: Telecommunications Facility Exemptions, Proposed Amendment to Chapter 170-12 (Zoning): Mr. McCarthy explained that the amendment, which is recommended by the Broadband Committee (appointed by the Board of Supervisors), will create a new Section B to Chapter 170-12. This amendment will permit local broadband providers to provide services, in full compliance with county regulations, to end users in Rappahannock County and neighboring counties. The Planning Commission recommended adoption.
Mr. Luke added that the proposed amendment is in response to the needs of residents in the county who do not have cable or other high-speed service.
Chairman Anderson opened the public hearing. Monira Rifaat suggested that language be inserted that would require taking down the 80 foot poles when they are no longer used.
There being no other comments, the Chairman closed the public hearing.
On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to adopt the Amendment to Chapter 170-12, Zoning, Relating to Telecommunications Facility Exemptions from Regulation as set forth in Exhibit D attached hereto and made a part of these minutes. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.
(3) Rappahannock County Code: Public Hearings, Proposed Amendment to Chapter 170-133 (Zoning): These amendments (1) relate to the conduct of public hearings, (2) define continuance, recess and adjourn and (3) deal with notices. It also brings the Zoning Ordinance into compliance with state law. The Planning Commission recommended adoption by majority vote.
Chairman Anderson opened the public hearing. There were no comments. Chairman Anderson closed the public hearing.
On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to adopt the proposed amendment to Chapter 170-133 relating to Public Hearings, as set forth in Exhibit E attached hereto and made a part of these minutes. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.
(4) Rappahannock County Code: Stormwater Management-Related Amendments to Chapter 147 (Subdivision) and Chapter 170 (Zoning) AND Proposed Stormwater Management Regulations: Mr. McCarthy advised that the proposed amendments and regulations are built on the State regulations, if and when those regulations are adopted. Counties can adopt more restrictive but not less restrictive regulations. These regulations attempt to manage post-development problems to streams and water supplies by limiting erosion and rainwater runoff, specifically runoff from poorly constructed driveways. There are provisions in the ordinance to grant exceptions; however, financial hardship alone is not a basis to grant exceptions. The ordinance will impose additional burdens on builders. The Planning Commission recommended adoption by majority vote.
Chairman Anderson opened the public hearing.
Beverly Hunter displayed a set of maps defining non-forested land, erodable soils and erodability percentages in subwatersheds. One map showed that 97% of land in Rappahannock County is zoned either agriculture or conservation. She added that erosion is germane to stormwater management and that the proposed ordinance is tightly crafted to the county's needs.
Greg Wichelns and Mary Catherine Ishee also urged the Board to support the proposed amendments and regulations.
There being no other comments, the Chairman closed the public hearing.
Mr. Frazier expressed concern that Section 2, page 14 which may prohibit building a private road on any land with a grade of 25% or more, could be construed as a "take."
Following further general discussion and identifying several typos, the following actions were taken.
On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt the Zoning Amendments to Section 170-21 of the Zoning Ordinance, attached hereto as Exhibit F and made a part of these minutes. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.
On motion of Mr Lee, seconded by Mr. Welch, the Board voted unanimously to adopt the amendments to Subdivision Chapter 147, as set forth in Exhibit G attached hereto and made a part of these minutes. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.
On motion of Mr. Welch, seconded by Mr. Lee, the Board voted by majority vote to adopt the Stormwater Ordinance as set forth in Exhibit H attached hereto and made a part of these minutes. The following roll-call vote was taken. AYE: Wayland, Anderson, Lee, Welch. NAY: Frazier.
There being no further business, the meeting adjourned.
_________________________________________
Robert P. Anderson, Chairman