AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD
OF SUPERVISORS HELD ON THE 2nd DAY OF OCTOBER, TWO THOUSAND AND SIX AT TWO
O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA
Present Absent
Robert P. Anderson, Chairman Ronald L. Frazier, Vice-Chair
S. Bryant Lee Peter H. Luke, Como Attorney (absent 2 pm session,
Roger A. Welch John McCarthy, County Adm present 7 pm session)
Thomas G. Taylor Diane Bruce, Clerk
Chairman Anderson called the meeting to order. Mr. Frazier was absent for the 2:00 pm session but was present for the 7:00 pm session.
MINUTES: On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the September 6, 2006 meeting were approved as printed. The vote was recorded as follows: AYE: Lee, Anderson, Welch, Taylor. NAY: None. Absent: Frazier.
AGENDA: On the motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously of those present to adopt the amended Final Agenda. The vote was recorded as follows: AYE: Lee, Anderson, Welch, Taylor. NAY: None. Absent: Frazier.
SCHOOLS: Dr. Robert Chappell, Superintendent of Schools, made the following report:
1) October Appropriations: Dr. Chappell submitted the annual "Additional Appropriation Request for the 2006-07 School Budget" in the amount of $314,284.00. The majority of the categories are either "carryover" funds from the prior Fiscal Year or new Federal and State funds. Other itemized entries include the HVAC position shared with the county, funds from theft and vehicle insurance claims, Spieker funds and Headwaters funds. There is no new "local" funding in the appropriation. If approved, the total FY06-07 School Budget will be $12,047,276.00.
On motion of Mr. Lee, seconded by Mr. Welch, and the unanimous vote of the members present, the Board voted unanimously, of the members present, to approve the "Additional Appropriation Request for the 2006-07 School Budget" as set forth in Exhibit A attached hereto and made a part of these minutes. The vote was recorded as follows: AYE: Lee, Anderson, Welch, Taylor. NAY: None. Absent: Frazier.
2) SOL's: Both schools are accredited for the 4th year in a row. Sixty-three school divisions are fully accredited this year.
3) Facilities: The track and football/soccer field will be dedicated October 21. The new gymnasium should be ready for use by November 1.
STEM (Savings Through Energy Management) Energy Audit Report: Students from Ron Vickers class at RCHS reported on a project detailing the energy wastes at the two schools. Their estimates concluded that approximately $727,000 could be saved over the next ten years with proper energy management. Their suggestions included such changes as unplugging refrigerators in the summer and opening blinds over windows to utilize natural light instead of electric lights.
Paul Farmer reported that the cost of the project was $9000. The county has contributed $1000 and Headwaters covered some of the expense. Mr. Farmer requested that the county pay the balance due. Mr. McCarthy will present the bill at the November meeting.
PUBLIC COMMENT:
POW/MIA
Flag:
Nol Putnam voiced objection to any compromise decision regarding the POW/MIA flag. Mr. Putnam emphatically pointed out that the US flag honors all veterans from all wars and that the POW/MIA flag only represents one division.
Jim Gannon cautioned about setting a precedent regarding flags on government property.
Phil Irwin offered support of the American flag and opposed removing the ban on land application of sludge.
Monira Rifaat asked for an explanation of the October appropriation approved hereinbefore. She also complimented the person now serving in the 4-H position.
There being no other comments from the public, the Chairman closed the Public Comment section of the agenda.
OLD BUSINESS:
Emergency Communications Update: The 5-county area proposes to create a regional web-based emergency operations center and response program. Servers that can be used if phone lines are down will be created. Mr. Burke will be working on this project over the next six months.
Household Hazardous Waste Clean-up Day: October 20 at the Rappahannock Co-op.
POW/MIA Flag: Mr. Luke discussed the issues of "public forums" and "freedom of speech.". He advised the Board that the specific flag-law regarding the POW/MIA flag passed by Congress was designated for Americans missing and unaccounted for in Southeast Asia and came into existence after the Vietnam War. He added that Virginia law does not require that flagpoles on government property be made available to satisfy freedom of speech laws. Following discussion among the Board members, no motions were made.
4-H Cooperative Extension Position: Mr. McCarthy reported that the person filling the position at this time is a part-time person who is not interested in becoming a full-time employee and who has a great deal of support. The county currently provides all of the funding for the part-time 4-H Coordinator. By general consensus, the Board agreed to decline to accept the state's offer to provide part-time funding for a full-time position.
NEW BUSINESS:
Water Quality Improvement Fund "Clean Streams Project:" The $94,000 grant, spearheaded by Beverly Hunter, will be used to expand and enhance the erosion and sediment control program. The grant period is 2 years. Quarterly reports will be received. A septic system and maintenance program will be documented by the Health Department. With information collected, the county will be able to adopt a storm-water management ordinance. The matching grant calls for a 20% share by the county. Those funds are in the FY06-07 budget. Grant administration will be conducted by Culpeper Soil and Water Control.
TMDL (Total Maximum Daily Load) Meeting: This informational meeting will be hosted at the Library on October 11 at 7:00 p.m. to seek comments on the development of TMDLs. Four streams (Hazel, Hughes, Rappahannock and Rush River) are listed as impaired due to agricultural or land clearing operations. DEQ, DCR and RRRC representatives will be present to discuss what causes water problems and how to mitigate them with minimal costs. (Letter with papers of meeting.)
Pandemic Flu Drill: A statewide drill called "Fowl Play" will be conducted on October 23 and 24. The county's involvement will be primarily in communication because there is no planned dispensing site in the county.
APPOINTMENTS: None.
CORRESPONDENCE: (Letters with papers of meeting.)
1) VDOT district meeting on October 25, 2006 regarding the FY08-13 Six-Year Improvement Program including highway, rail and public transportation initiatives.
2) Fire Levy Board Appointment: Paul Komar will fill the vacancy created by the resignation of John H. Woodward of the Castleton VFD.
3) Dept of Agriculture notice that the county has been designated a primary natural disaster area due to losses caused by drought and high temperatures from March 1, 2006 and continuing.
INFORMATION: (See
papers of meeting.)
Building Office Report: Total construction from August 22, 2006 to September 21, 2006 was $1,052,174.00. Year to date totals: (See papers of meeting for more detail.)
|
Year to date totals: |
2005 |
2006 |
|
New Home Construction |
44 |
46 |
|
Commercial Buildings |
12 |
4 |
ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Taylor, the Board voted unanimously of those present to approve the Accounts Payables dated October 2, 2006. The vote was recorded as follows: AYE: Taylor, Lee, Welch and Anderson. NAY: None. ABSENT: Frazier.
There being no further business, the meeting recessed at 4:15 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings. All members were present.
(1) DUI Restitution Ordinance: Mr. Luke recommended adoption of the following "restitution" ordinance. Chairman Anderson opened the public hearing. Jean Lillard, Rick Kohler and Jim Gannon asked questions regarding use of any funds collected. There being no further comments, the Chairman closed the public hearing.
On motion of Mr. Lee, seconded by Mr. Taylor, the Board voted unanimously to adopt the DUI Restitution Ordinance, attached hereto as Exhibit B and made a part of these minutes. The following roll-call vote was taken. AYE: Frazier, Taylor, Lee, Welch, Anderson. NAY: None.
(2) Civil War Trail Project, VDOT Enhancement Program: The public hearing was to receive comments concerning an application for Transportation Enhancement Program Funding from VDOT to provide signage, road and related improvements in support of a Civil War driving trail.
John Tole presented the application by discussing various activities that occurred in Rappahannock County during the Civil War. He explained that the application made last year was unsuccessful, but that the new proposal links the historic aspects of the project to local economic benefits. Roadside markers would commemorate and describe people and/or events that relate to Rappahannock County's role in the Civil War. The application seeks $78,000 in grant funds passed through the Commonwealth. Matching funds in the amount of $15,000 and in-kind donations equal to $7000 are sought locally. The $15,000 cost to pave the parking lot on the former Morehouse property adjacent to and recently donated to the Library is already in the FY07 budget and would satisfy the cash match. Volunteer contributions of time and labor will account for the in-kind donation. (See documents with papers of meeting.)
Chairman Anderson opened the public hearing.
Jean Lillard and Peggy Ralph, Wakefield District, inquired as to source of the in-kind match and future maintenance costs of the sites.
Tom Tepper, Stonewall, and Gary Schwartz, Washington, both offered support for the application.
Chairman Anderson closed the public hearing.
On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to support the application. The following roll-call vote was taken. AYE: Frazier, Taylor, Lee, Welch, Anderson. NAY: None. (See resolution marked Exhibit C attached hereto and made a part of these minutes.)
(3) SE#06-08-01--Settle Expansion of Non-Conforming Use: Owners William Richard and Ester M. Settle have applied to expand a non-conforming commercial use solely by using additional area of the parcel to allow for a greater number of vehicle sales. There will be no additional construction. The property is located at 14723 Lee Highway, Amissville, Jackson District. It is described as Tax Map 32, Parcels 89 & 90, and is zoned "RR", Rural Residential. The use is allowed under Rappahannock County Code ¤170-36H. The Planning Commission recommended conditional approval as set forth in their Record of Decision.
The applicants asked the Board to modify the Planning Commission's condition limiting the total number of cars on the lot at any one time to 50 by clarifying that wrecked or inoperable vehicles, not to exceed 5 in number and stored for less than 90 days, not apply to the maximum number of 50 vehicles allowed.
Chairman Anderson opened the public hearing. Beverly Hunter, Amissville, supported the application. There being no other comments, Chairman Anderson closed the public hearing.
On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve the application conditioned as follows: The maximum number of vehicles allowed at any one time is 50 titled vehicles, excluding road tractor and trailers (18 wheelers) which shall not be allowed. Inoperable or junk vehicles, (1) that shall not exceed five in number, (2) that shall not be stored for longer than 90 days and (3) that shall be stored where no leakage into the environment can occur, shall not count against the maximum total of 50. The following roll-call vote was taken. AYE: Frazier, Taylor, Lee, Welch, Anderson. NAY: None.
(4) Zoning Provisions, Land Application of Sludge: The purpose of the public hearing was to consider rescinding the ordinances banning the land application of sewage sludge. The sections of the ordinance proposed for deletion were 170-38 A.(7) contained in the Zoning Chapter and 111-1 contained in the Health Chapter.
Mr. Luke recounted the full history of the sludge issue in the county, beginning with the moratorium passed in 1984. The county was subsequently sued and prevailed but Federal law has now eliminated the ability of the county to prohibit the land application of sludge. A locality cannot ban sludge but can regulate it pursuant to state law. The county must be notified by the state before issuing a permit to a hauler and the state must conduct a public meeting (not a public hearing) to allow the Board of Supervisors an opportunity to comment.
In 2001 the county began drafting a new ordinance but state regulations continued to change. Mr. Luke has re-analyzed and up-dated the 2001 proposal. There are some "gray" areas that still need working but the proposal can easily be adopted before any application can take place.
Mr. Luke strongly advised the Board that the county cannot continue to ban sludge. To do so would be illegal. The county could also be sued for damages which would entail legal fees. There may be the opportunity for potential personal liability for county government. The county could lose its sovereign immunity if it knowingly disobeys the law.
Chairman Anderson opened the public hearing. The following persons, representing all districts of the county, spoke in opposition to lifting the ban.
Speakers: Hal Creol, Joyce Harmon, Sharon Kilpatrick, Emory Lazar, Dick and Judy Reidinger, Rich Kohler, Tom Tuvillee, Carl Coon, Saundra Richardson, Paul Farmer, Charles Fortuna, Greg Rushford, Karen Hunt, Bob Darby, Monira Rifaat, Gary Schwartz, Sherlene Parsons, Beverly Hunter, Tom Tepper, Reid Folsom, Bill Dobrovir, Deke Deakins, Brad Snyder, David Konick, Jill Duvall, Hal _____, Daniel Norman, Eric Kovalt, Jim Gannon and Nol Putnam.
The opponents urged the Board not to repeal the ban without substituting strict regulations in its place. They suggested a local permitting process including minimum setbacks, testing, monitoring and documenting in land records. Several speakers commented on side effects to animals and people and reported personally knowing victims who have suffered serious health problems as a result of "sludge aerosole." They also stated that EPA and VDOH regulations only address 9 chemicals; that those regulations ignore airborne gases and pharmaceuticals. Beverly Hunter displayed maps that showed that the Thornton River and White Walnut Run flow through the property that is proposed to have sludge applied. She expressed concern for runoff into what is already designated an "impaired" stream. Several speakers suggested that county regulations restrict Class B sludge and only allow Class A sludge.
Jim Manwaring and Larry Manwaring, the property owners making application, both commented on their agricultural practices, their concerns for their neighbors and the environment and their willingness to delay their application until the county could adopt suitable regulations.
Their being no further comments, the Chairman closed the public hearing.
Mr. McCarthy added that the land application of sludge is a public problem that must be dealt with responsibly but that an outright ban cannot be enforced. He noted that the county itself produces sludge at the Sperryville Treatment plant and at the schools. Currently that sludge must be hauled from the county to a collection site in other jurisdictions.
On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to table rescinding the ordinance until a more suitable ordinance containing local regulations can be drafted and adopted. The following recorded vote was taken. AYE: Frazier, Taylor, Lee, Welch, Anderson. NAY: None.
By general consensus, the Board agreed to create a committee to work on drafting a proposed ordinance containing local regulations. Committee members will include a representative of the haulers, Mr. Luke, Mr. McCarthy and representatives suggested by RLEP and Beverly Hunter. The first meeting date will be announced. A Committee report will be made at the November meeting.
There being no further business, the meeting adjourned at 9:45 o'clock p.m.
_________________________________________
Robert P. Anderson, Chairman