AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 1st DAY OF OCTOBER, TWO THOUSAND AND SEVEN 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

 

(Ronald L. Frazier absent at the 7:00 p.m. session)

Chairman Anderson called the meeting to order.  All members were present and welcomed Mr. Anderson after his recent hospitalization.

 

MINUTES:    On motion of Mr. Lee, seconded by Mr. Wayland, the draft minutes of the August 29 and September 5, 2007 meetings 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:  The assistant Superintendent of Schools, Dr. Becky Greer, reported as follows:

1)        There were 941 students enrolled at last check.

2)        The RCPS, law enforcement and emergency services have worked together to revise the "crisis management plan."

3)        Both schools are fully accredited for the 5th consecutive year.

4)    October Appropriation:  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the October additional appropriations for FY2007-2008 in a total amount of $233,882.98 , as set forth in Exhibit A attached hereto and made a part of these minutes.   The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.   This appropriation includes no new money; all funds are flow-through and will not be expended until received.

 

VDOT REPORT:     David Cubbage, Residency Engineer,  reported as follows:

1)    Introduced Quinton Elliott, the acting district administrator.

2)    Motorcycle Safety Concerns:  VDOT officials and law enforcement personnel have begun public awareness programs and increased attention to enforcement.

3)    Meetings to receive public input regarding the FY09-14 Six-Year Improvement Program will commence on Thursday, November 1, 2007 at the Culpeper District auditorium.

 

GAME AND INLAND FISHERIES DEPARTMENT:  Jerry Sims, Wildlife Regional Manager, and Ron Hughes, Lands Manager for the district, presented the Board with the "Virginia Deer Management Plan 2006-2015" and "Hunting & Trapping in Virginia July 2007-June 2008." (filed with papers of meeting)  The two representatives reported that both deer and bear herds are increasing and outlined various herd objectives.  Changes to state regulations are considered every two years.  The current regulation cycle cannot be opened again for two years. 

 

HEADWATERS:  Cole Johnson, Executive Director, made a video presentation describing the programs and offerings in the school system that are financially supported by the Headwaters organization.

 

PUBLIC COMMENT:   

            Scrabble School:  Bob Lander reported that the foundation has applied for a $200,000 Rural Development grant.  He expressed appreciation to all the volunteers who have helped with the project.

            Alternative Sewer Systems:  Reid Folsom recalled an application several years ago for an alternative sewer system that was denied.  A concern not considered at that time is how to dispose of wastes when one of these systems has run its life.  See news article regarding lack of facilities in which to discard used sewage peat from systems of this type. (Filed with papers of meeting.)

            Canadian Geese:  Phil Irwin suggested that DGIF consider addressing problems with geese when it next addresses problems with deer and bear.

            Bob Anderson, Chairman of the Board, expressed appreciation for all of the cards, letters and flowers sent him during his recent hospitalization.

 

OLD BUSINESS:  

Dominion Power Line:  Mr. McCarthy reported that the January 7 deadline will be pushed back until March to allow additional time to evaluate the information submitted by 18 different organizations.

Scrabble School:  The county is awaiting word on the Rural Development grant.

Conservation Easements:  PEC has submitted a proposal for the co-holding of an easement on 55.67 acres owned by John Bagley et al, located on Route 231 in the F.T. Valley.  The proposed easement property has 500 feet of frontage on the Hazel River, is located between two VOF easements and it would eliminate two building lots.  The Board will review the proposal for consideration at the November meeting. (Documents filed with papers of meeting.)

           

NEW BUSINESS:

             Rappahannock Nonprofit Center:  The RNPC Board of Directors has approved the creation of a community center to be known as "The Rappahannock Link."  The center will be dedicated to fostering interaction and cooperation among nonprofit and business organizations, government agencies and local citizens.  The center will be located at the old Sperryville High School, now owned by Cliff Miller. Mr. Miller, Mike Mahoney and Melanie Thornhill described the vision for the Rappahannock Link.  No funds are requested from the county at this time.  (See documents filed with papers of meeting.)

            VDOT Access Requirements:  In attempting to lessen fiscal impact, VDOT has proposed additional requirements, especially for commercial properties, that are more urban in appearance.  There are few exceptions to the requirements.  Localities are concerned as the discussions move forward.

            HAVA II (Help America Vote Act):  The requirement that all electronic machines be able to generate a paper receipt has been repealed for the time being. 

 

APPOINTMENTS:     

            Public Safety Committee:  Jackie Estes, Gary Settle, Joseph Rayner and Ron Makela all offered to serve on this committee.  On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to appoint Jackie Estes.  No term of office was set; this committee serves at the pleasure of the Board.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.  

            Recreational Facilities Authority:  On motion of Mr. Welch, seconded by Mr. Lee, John Norman and Margy Day were both unanimously reappointed to a four-year term.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.  

            Water and Sewer Authority:  On motion of Mr. Wayland, seconded by Mr. Frazier, the Board voted unanimously to reappoint Daniel Keyser to a four-year term.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.  

 

CORRESPONDENCE:   (All letters filed with papers of meeting.)

            Scrabble School:  Notice has been received from the Virginia Department of Historic Resources that the Scrabble School has been placed in the Virginia Landmarks Register and recommended for inclusion on the National Register of Historic Places.

            VDOT Six-Year Plan Meeting:  Schedule of meetings and locations.

            VF&R Personal Property Tax Relief:  The Rappahannock County Volunteer Fire and Rescue Association submitted a letter supporting a $300 personal property tax relief  for eligible volunteers.  The public hearing for this proposal will be considered at the evening portion of this meeting.

 

INFORMATION: 

            Building Office Report:  Total construction from August 22, 2007 to September 21, 2007 was $1,949,525.00.  Year to date totals:  (See papers of meeting for more detail.)                       

Year to date totals:

               2006

               2007

   New Home Construction

                 46

                 36

   Commercial Buildings

                   4

                   7

            Confederate Monument:  Restoration of the monument is complete. The treatment report is filed with the papers of the meeting.

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to approve the Accounts Payables dated October 1, 2007.  The vote was recorded as follows:  AYE:  Wayland,  Welch, Frazier, Lee and Anderson.  NAY:  None. 

 

EXECUTIVE SESSION:  On motion of Mr. Welch, seconded by Mr. Wayland, 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 discussion of the Dominion Power Line case and potential zoning violation litigation.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland  NAY:  None.

            Open Session:  On motion of Mr. Welch, seconded by Mr. Lee, 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.

Zoning Violation:  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to authorize the county attorney and zoning administrator to proceed with the prosecution of a zoning violation regarding junked automobiles. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.  

There being no further business, the meeting recessed at 4:30 o'clock p.m until 7:00 o'clock p.m. at the Courthouse to consider several public hearings.   Mr. Frazier was absent; all other members were present.

(1)       Amendment to Rappahannock County Code, Chapter 151 "Taxation", Article X "Motor Vehicle Titling Tax":          The proposed amendment would provide for personal property tax exemption for volunteer fire and rescue members.

Chairman Anderson opened the public hearing and called for comments from the audience.  Frank Huff, Bruce Sloan, Art Candenquist and Bud Corder all offered support for adoption of the amendment.   Chairman Anderson closed the public hearing.

Mr. McCarthy explained that the advertised amount of the exemption was $300 per volunteer.  A point system will be used to determine if a volunteer is eligible for the exemption; company chiefs will be required to submit an annual list of eligible volunteers; only one vehicle that is eligible for the state program will be permitted per volunteer.  There could be as many as 120 persons who qualify annually.  He added that the budget currently contains $30,000 for this exemption.  He further noted that volunteers already receive a free county decal for their vehicle.

On motion of Mr Lee, seconded by Mr. Welch, the Board voted unanimously to adopt the amendment to Rappahannock County Code, Chapter 151 "Taxation," Article X "Motor Vehicle Titling tax" attached hereto as Exhibit B and made a part of these minutes. The following roll-call vote was recorded:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

(2)       Amendment to Rappahannock County Code Chapter 18, Emergencies:  The proposed amendment authorizes the County Administrator to declare an open burning emergency and a burn ban.

            Chairman Anderson opened the public hearing and called for comments from the audience.  J.B. Carter and Frank Huff, both volunteer firemen, supported the proposed amendment.  Chairman Anderson closed the public hearing.

            On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve the Amendment to the Rappahannock County Code Chapter 18, Emergencies attached hereto as Exhibit C and made a part of these minutes.  The following roll-call vote was recorded:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

 

            (3)       SE #07-06-03, Scruton Conference Center:  The application was considered by the Planning Commission at its September meeting and recommended for approval with numerous conditions.  The applicants were not present. 

            On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to table the application until the November meeting.

            There being no further business, the meeting adjourned at 7:30 o'clock pm.

 

________________________________________

                                                                                    Robert P. Anderson, Chairman