AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 5th DAY OF NOVEMBER, 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

Ronald L. Frazier

(arrived 3:30 pm)

 

 

 

MINUTES:    On motion of Mr. Welch, seconded by Mr. Lee, the draft minutes of the October 6, 2007 meeting were unanimously approved. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

 

AGENDA:     On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously of the members present to adopt the amended Final Agenda.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None. ABSENT:  Frazier.

 

SCHOOLS:  The following monthly school report was given by Superintendent Robert Chappell:

1)    School enrollment as of September 30 was 943.  A better estimate for the year would have been 977 students instead of 995.  The fiscal impact of 943 versus 995 will be approximately  $88,000 less revenue from the state. The School Board hopes to make up this difference by having paid lower salaries to teachers who were hired to replace teachers at higher salaries who left the system at the end of the last school year.

2)    Efficiency Review:  The review was conducted by the state through a contract with a private company.  Input was sought from parents and staff.  A public hearing was held to solicit input from the public.  The preliminary report is due in December with a final report due in May.  Dr. Chappell will ask the state if the preliminary report can be used for FY09 budget preparations.

3)    Football revenues/costs/lights:  Mr. Welch requested information regarding income versus costs from football games.  He added that there is a potential donor to pay for lights for the field.

 

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

1)    Aaron Mountain Road Bridge:  Work began today on this bridge, which cannot support a tanker truck and some dump trucks; it will take 18 months to complete the new bridge.

2)    Six-Year Plan:  A workshop will be scheduled in the late winter with a goal of completing the public hearings and adopting a final plan no later than the May 2008 meeting.

3)    Adopt a Highway Program:  Mr. Cubbage recognized Cheryl Fairbrother, on behalf of Children of Hawlin, and Phil Irwin on behalf of Caledonia Farm, for 18 years of service, each, donating time to collecting litter on their roads.

 

SCRABBLE SCHOOL:    Bob Lander filed the 4th Annual Report—Scrabble School Senior Center and Heritage Center.  The report outlines all of the activities and accomplishments to date.  He noted that the application for a $250,000 CDBG was denied and that application has now been made for a $200,000 Innovative Grant.  If this application is fully funded, the Center will need an additional $100,000 to complete the rehab project.  If the grant is not funded, the Foundation will have little or no funds to keep the project alive. (Report filed with papers of meeting.)

 

PUBLIC COMMENT:   

1)             Paul Farmer introduced Monica Worth, the new president of RLEP. Mr. Farmer also commented on the School Report (above) given by Dr. Chappell and added that demographics suggest a smaller, older population in the 2010 census.

2)             Scrabble School:  Bob Lander offered thanks to Paul Komar and the Castleton VFD for their time and work at the school site.

3)             Monica Worth stated that as the new president of RLEP, she would like to be a part of the Planning Commission and Board of Supervisor decisions.

 

OLD BUSINESS:  

Broadband/Internet Access Study:  The final report has been filed and distributed to Board members.  A copy is filed with the papers of this meeting.  The report made the following recommendations to the county.

1)                     Immediately request that Embarq (local telephone company) conduct an evaluation of the feasibility of upgrading its Flint Hill and Huntly relay stations to Wire Centers, capable of providing DSL service.

2)                     Participate fully in the Department of Housing and Community Development (DHCD) Broadband study.  DHCD will commit to a $25,000 grant toward this study.

3)                     Amend the County Code to exempt certain facilities from the requirement for special exception permits, in cases where such service facilities are for local service distribution.  (Proposed resolution attached to study filed with paper of meeting.)

4)                     A public subsidy is inappropriate; however the county has a significant demand for broadband service when county government and schools are considered.  The county should seek to place its broadband service with one of the "over-air" providers in exchange for an expanded service area.

On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously of the members present to adopt the recommendations of the committee, as set forth in the committee report, filed herein.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

Dominion Power Line Update:  A constant stream of documentation is being produced. 

An extension has been granted for discovery.  Dominion has started a television campaign.

            Rappahannock County and School Funding Team:  Several initiatives are being pursued as outlined below.  Preparation of legislation  (1)  to allow a jurisdiction of the size of Rappahannock County to tag onto legislation passed for Highland County several years ago;  (2)  to permit Rappahannock County to participate in the COCA (Cost of Competing Adjustment) because of its location in the high cost of living Northern Virginia area and  (3) to receive credit for giving up land value through the land-use program.  If these three bills are passed, the effect would be to bring more state money back to the locality.

Conservation Easement:  Mr. McCarthy asked the Board to consider agreeing in

 principal to co-holding the proposed conservation easement on the Bagley property with PEC, as discussed at the October 2007 meeting, subject to approval by the county attorney.  The 55-acre parcel is located between two Outdoors Foundation easements, is situated along the Hazel River, will combine three tax parcels into one parcel and will relinquish two house sites. No public hearing is required and the matter will come back to the Board for final approval.

            On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously of the members present to agree in principal to co-holding a conservation easement on the Bagley parcels, subject to approval by the county attorney.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            Landfill Report:  A Notice of Violation for failure to provide sufficient cover on the trash was received as a result of the most recent DEQ inspection.  The violation may result in a fine.  The standard warning fine is $20,000.

            Culpeper Immigation Committee:  The stated purpose of the committee is to assess what federal and state laws are available to help localities.  The goal is to create legislative proposals for the next General Assembly.  Mr. Luke, the County Attorney, was previously appointed to sit on this committee.  Mr. Lee will serve as the alternate to Mr. Luke.  Mr. McCarthy will fill the administrative slot.  These members are not authorized to speak for the county.

            Tax Credit for Volunteer Fire and Rescue Associations:  There was not sufficient time to amend the individual tax bills for eligible volunteers.  When certification is received, the volunteers will be reimbursed for their taxes.

 

NEW BUSINESS:

            Clean Streams Day:  April 26, 2008.

            Henry R. Hudson Resolution:  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously of those present to approve a Resolution of Appreciation for Henry Rivers Hudson.  (Exhibit A attached hereto and made a part of these minutes.)  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            Zoning Text Amendment - Resolution:  On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously of those present to authorize advertising to conduct a public hearing to consider a text amendment to the Zoning Ordinance relating to public hearings. (copy filed with papers of meeting.) The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            Allegheny Power Rate Increase - Resolution:  On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously of the members present to adopt a "Resolution Opposing Allegheny Power's Application for a Rate Increase." (Exhibit B attached hereto and made a part of these minutes.) The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.       

 

APPOINTMENTS:     

            Farmland Preservation Program:  Terms for Bryant Lee and Phil Irwin expired July 1. Both are eligible for reappointment.  On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously of the members present to reappoint Phil Irwin to a new four-year term commencing July 1, 2007.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously of the members present to reappoint S. Bryant Lee to a new four-year term commencing July 1, 2007.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            Rappahannock-Rapidan Community Services Board:  Roberta Anderson's term will expire December 31, 2007.  She is eligible for reappointment.  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously of the members present to reappoint Mrs. Anderson to a new three-year term commencing January 1, 2008. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            Library Board:  Terms for John Feeney and Peter Little will expire December 31, 2007.  Mr. Feeney is eligible for reappointment.  Mr. Little is not eligible for reappointment. 

            On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously of the members present, to reappoint Mr. Feeney to a new four-year term commencing January 1, 2008.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

            On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously of the members present to appoint Bill Dobrovir to a new four-year term commencing January 1, 2008. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None.  ABSENT:  Frazier.

 

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

            Virginia Logos Program:  The Inn at Little Washington has completed the application process for signage under the Tourist Oriented Directional Sign (TODS) program.  The sign will be erected at the intersection of Rt 211 and 211 Business.

            Virginia Civil War Sesquicentennial:  Notice of planning for and commemorating the 150th anniversary of Virginia's participation in the American Civil War has been received.  The duration of the celebrations will be 2011 through 2015.

            Drought Designation:  The county has received official word that it has been included in the list of counties having received a drought designation by the USDA.           

 

INFORMATION: 

            Building Office Report:  Total construction from September 22, 2007 to October 21, 2007 was $379,350.00.  Year to date totals:  (See papers of meeting for more detail.)                      

Year to date totals:

               2006

               2007

   New Home Construction

                 49

                 37

   Commercial Buildings

                   6

                   7

           

            Housing Survey:   A "Survey of Housing Status & Need" prepared by the Rappahannock Community Housing Partnership dated October 15, 2007 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 November 5, 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. Lee, seconded by Mr. Welch, 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, the meeting recessed at 3:50 o'clock p.m. and reconvened at 7:00 o'clock p.m. at the Courthouse to consider the following public hearing.   All members were present.

            SE#07-06-03 Scruton Conference Center:  Roger V. and Sophie L. Scruton have applied to use their home, known as Montpelier, for a conference center/resort to host weddings, receptions, conferences and meetings.  The property is known as Tax Map 48, Parcel 46; is zoned A-Agricultural, and located on Route 231 in Stonewall-Hawthorne District.  The use is allowed under §170-36D of the Rappahannock County Code.

            The Planning Commission conducted its public hearing on September 19, 2007 and forwarded its recommendation for approval subject to 19 conditions.  The first seven conditions were suggested by the applicants; the Virginia Outdoors Foundation recommended conditions 8 and 9 and the Planning Commission recommended conditions 10 - 15. 

            Chairman Anderson opened the public hearing.

            Roger Scruton, the applicant, informed the Board that he has secured the agreement of all of his neighbors and that he is willing to have the county review the Special Exception from time to time.

            Paul Larner, Claire Lindsey and Joe Svatos all neighboring landowners and all in support of granting the Special Exception with the conditions imposed by the Planning Commission, expressed concern about noise and asked that periodic reviews be held.

            Bill Dobrovir, Paul Farmer and Martin Woodard all opposed the application which they believed would set a negative precedent by introducing commercial activity into an agricultural district and would also begin to break down zoning in a piecemeal manner.  Mr. Woodard was very concerned about a "cottage industry" becoming a "commercial activity."

            Monica Worth, Brian Murphy and Wendy Weinberg voiced neither support nor opposition but all expressed concern about noise and asked for regularly scheduled reviews.

            Stuart Trope inquired as to how many SE permits have been issued.  Mr. McCarthy guessed "hundreds."

            There being no further comments, the Chairman closed the public hearing and called for comments from the Board, county attorney and county administrator. 

            Mr. McCarthy explained that the county has made the decision about Special Exceptions through its Zoning Ordinance so there can be activities in agricultural areas; the alternative would have been to zone numerous areas as commercial zones.

            Mr. Wayland asked that condition 9 be changed to prohibit scheduled outdoor events by paid admission. 

            The Board agreed in general to a two-year review with future reviews to be determined at that time and that the SE will expire if and when the Scrutons sell their property.

            On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously to approve Special Exception 07-06-03 upon the fifteen (15) conditions as received from the Planning Commission and amended above.  The final approved conditions are attached hereto as Exhibit C and made a part of these minutes.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None.

 

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

 

 

                                                            _________________________________________

                                                                                    Robert P. Anderson, Chairman