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

 

               Present

             Present

                Absent

Robert P Anderson, Chairman Ronald L. Frazier, V-Chm

Roger A Welch

S. Bryant Lee

Edward D. Wayland

John McCarthy, Co. Adm.

Peter H. Luke, Co. Attorney

Diane Bruce, Clerk

                  None      

 

 

Chairman Anderson called the meeting to order and welcomed newly-elected Piedmont District member Edward D. Wayland to the Board.  All members were present.

 

MINUTES:    On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the November 6, 2006 meeting were unanimously approved as printed. The vote was recorded as follows:  AYE:   Lee, Anderson, Welch, Wayland, Frazier.  NAY:  None. 

 

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

 

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

            1)  Facilities:  The contractor and architect will share responsibility for the $6000+ damages to the roof that resulted from roof repairs at RCES.  The architect has accepted responsibility for the $26,000+ costs to correct the expansion joint problems at RCES.

            2)  Calendar:  Band concert scheduled for December 13. 

            3)  Next Step Program:  Miranda Hope described the program which is in partnership with the public schools' faculty and staff, guidance professionals and community members. Its mission is to make sure all students have the resources they need to create and carry out the college, vocational or career plan that's right for them.  The goal is to help every student find a post graduate plan that is right for the student and to find the money needed to pay for it.  Primary funding is through a two-year grant from the Jack Kent Cooke Foundation.  Other funding is in the form of donations.  (See papers of meeting.)

            The Early success of this program is measured by the fact that three "first-generation" students (first person in family to attend college) went to a 4-year college in 2005; 19 "first-generation" students went to college in 2006.  

 

VDOT REPORT:    David Cubbage, Residency Administrator, distributed the proposed Six Year Plan projects for the period 2006/07 through 2011/12.  Fourteen projects are listed.  He advised the Board that funding has been reduced and further reductions are expected due to diminished buying power.  (See papers of meeting for list of projects and estimated costs.)  Mr. Cubbage requested and by general consensus the Board agreed that the public hearing be scheduled at the January 2007 meeting with Board approval scheduled for either the February or March 2007 meeting.

 

PUBLIC COMMENT: 

            Phil Irwin made comments as follows: 

Regional Power Line: A hearing will be held on the evening of this date regarding the 500-kv power line being proposed across northern Fauquier County.

Brown Application:  Opposed SE06-09-01 Brown Contractor's application that is subject of a public hearing to be held on the evening of this date.

RCHS Band:  Thanked the School Board and schools for the star performance of the marching band at the recent Christmas parade held in the Town of Washington. 

             

OLD BUSINESS: 

Emergency Communications Update:  Mr. McCarthy reported that according to recent field tests of transmission coverage from the Cherry Hill site near the old Culpeper County landfill and the Fauquier site, there should be 85 - 90% coverage.  If the county adds its own transmitter, nearly 100% coverage may be available. Consultants will be retained to specify what is needed to use these transmitting devices and to estimate the costs. 

Fairfax County is contributing twenty 800-watt radios for five years at no costs.  This contribution is an estimated savings in excess of $100,000.

Health Savings Plan--Retirement Benefits:  The Board was asked to consider adopting a resolution authorizing the County to create a retirement health savings plan for employees.  The plan will not involve any additional costs to the County and will allow employees to contribute to health care plans in a tax-deferred account. 

On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to approve the "Adoption of the Vantagecare Retirement Health Savings (RHS) Program Resolution."  Resolution attached as Exhibit A and made a part of these minutes.  The vote was recorded as follows:  AYE:   Lee, Anderson, Welch, Wayland, Frazier.  NAY:  None. 

Sludge Work Group Report:  The meeting scheduled for November 29 was rescheduled for December 11.

 

NEW BUSINESS:

            Water Quality Improvement Fund--"Clean Streams Project:"  RFPs were submitted for consultant services.  The Timmons Group submitted the only fully compliant proposal in the amount of $_____________.  On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to authorize Mr. McCarthy and Mr. Luke to prepare and execute a contract for consultant services with the Timmons Group.  The vote was recorded as follows:  AYE:   Lee, Anderson, Welch, Wayland, Frazier.  NAY:  None. 

            Riparian Buffer Study:  The Corp of Engineers has produced a report showing the county's efforts to preserve topsoil has had a beneficial effect on an area in and around Route 211, the RCES and Rock Mills.  The complete report has been placed on the county's website.

 

Computer Database Management:  Mr. McCarthy recommended that the Board re-allocate the funds in Line Item 1102-1003 towards the purchase and development of a server-based database system.  Systems produced by IBM and Mindwrap (located in Flint Hill) have been  reviewed and discussed.  A new system will permit the integration of several databases that currently stand alone.  Current records in hard copy or digital form are resident in individual offices and have no uniform protocol for indexing.  The proposed system will allow a search across offices as information is filed or submitted.  The ability to immediately catalogue all office work product in a searchable database is a growing need.  By general consensus, the Board authorized the expenditure of funds in 1102-1003 for the purchase and development of such a system.  (See letter with papers of meeting.)

VACO Region 7 Legislative Agenda:  By general consensus, the Board authorized the County Administrator to notify Senator Obenshain and Delegate Gilbert of the county's general support of the VACO package with the understanding that the county would want communication from its representatives as the bills proceed through the General Assembly. 

 

APPOINTMENTS: 

Library Board:  The terms of Charlotte Nichols and James Oyster expire December 31.  Mrs. Nichols is not eligible for reappointment.  Mr. Oyster is willing to be reappointed.

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to reappoint James Oyster to the Library Board for a term commencing January 1, 2007 and expiring December 31, 2010. The vote was recorded as follows:  AYE:   Lee, Anderson, Welch, Wayland, Frazier.  NAY:  None. 

Dolores Crooke, Bill Dobrovir and Karen Lasky submitted their names for consideration to fill the vacancy created by the expiration of  Charlotte Nichols' term. 

On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to appoint Dolores Crooke to a term on the Library Board commencing January 1, 2007 and expiring December 31, 2010.  The vote was recorded as follows:  AYE:   Lee, Anderson, Welch, Wayland, Frazier.  NAY:  None. 

  Rappahannock-Rapidan Community Services Board:  Helen Williams term expires December 31, 2006.  She is eligible and willing to be re-appointed.  On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to re-appoint Helen Williams to this board for a 3-year term commencing January 1, 2007 and ending December 31, 2009.  The vote was recorded as follows:  AYE:   Lee, Anderson, Welch, Wayland, Frazier.  NAY:  None. 

 

CORRESPONDENCE:  None.

           

INFORMATION:  (See papers of meeting.)

            Building Office Report:  Total construction from October 22, 2006 to November 21, 2006 was $3,393,313.00.  Year to date totals:  (See papers of meeting for more detail.)                     

Year to date totals:

               2005

               2006

New Home Construction

                 53

                   57

Commercial Buildings

                 14

                    6

           

            January 2007 Meeting:  Because January 1 and 2, 2007 are state holidays, the next regular Supervisor's meeting will be held on Wednesday, January 3, 2007.

 

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

 

            There being no further business, the meeting recessed at 3:30 p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearing.   All Board members were present. 

 

            SE06-09-01, Brown Contractor's Office/Shop/Yard:  Michael L. Brown, Jr. has applied to operate a contractor's office/shop/yard from his residence in Jackson District on Seven Ponds Road near Amissville.  The property is identified as Tax Map 32, Parcel 24 and is zoned "A", Agricultural.  The use is allowed under ¤170-36E of the Rappahannock Zoning Code. The Zoning Administrator, who recommended conditional approval, suggested screening to mitigate most of the impact of visual effects on neighbors, no outdoor storage of vehicles for more than 24 hours and  limitations on the hours of outside operations.  The Planning Commission unanimously, of the members present, recommended denial of the application at its meeting on October 18, 2006.  Consideration of the application by the Supervisors was continued from the November 6, 2006 meeting until this date at the request of the applicant.

            Douglas K. Baumgardner and Michael T. Brown, attorneys representing the applicant, requested that the applicant be permitted to withdraw the application and refile it with several new, self-imposed conditions, with the Planning Commission.

            7:10 PM  Executive Session: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to retire into executive session pursuant to Virginia Code ¤2.2-3711A.7. for consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel.    The subject matter of the closed meeting was SE 06-08-01, Brown Application.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None. 

              7:30 P.M.  OPEN SESSION:  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:  Anderson, Frazier, Welch, Wayland, Lee.  NAY:  None. 

CERTIFICATION:  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:  Anderson, Frazier,  Welch, Wayland, Lee.  NAY:  None. 

On behalf of the applicant, Mr. Baumgardner withdrew the request to withdraw the application and commented on the vulnerability of the county's zoning ordinance, which he suggested may be exclusionary and  because it relies heavily on special exceptions, may be fraught with peril.  He added that it is extremely important that standards set out in the ordinance with respect to Special Exceptions be scrutinized closely and adhered to.  

Michael T. Brown, co-counsel for the applicant, described the business operation in question.  He stated that the use is consistent with agricultural use and is less intensive of land and of road than a dairy or beef operation; that it generates less noise or smell and has fewer buildings and materials and vehicles than the average farm.  The applicant has met with his neighbors and offers the following list of self-imposed conditions and limitations to address community concerns:  (1) the low-boy tractor trailer will be operated only between 8 am and 8 pm and will not be brought to or from the property more than  twice a week;  (2) the equipment will be under roof in a garage or under a shed with no display of equipment on the property; (3) the business will be conducted within the home and shed unless it's turn-around on a 24 hour basis; (4) all materials will be stored in a garage or shed except those on a temporary basis.  

Mr. McCarthy advised the Board that the application for the Special Exception is in conformance with his letter to the applicant, but that he is unaware of any violations by the applicant between the notice and the appeal.

Chairman Anderson opened the public hearing and called for comments from the public.

Opposing the application were Lenny Duke, Jan Zindel, Wendy Duke, Paul Erlenborn, Clyde Humphry, John Ciolfi, Butch Zindel, Gwen Hayes, Terry Duke, Emory Tabor, Barbara Tabor, Stan Ballas, Adair Ciolfi, Anne McWhirt, Peter Little and Robert Lindquist.  Their comments are summarized as follows.  The business operation, which has 20+ employees, according to the applicant, is not compatible with the neighborhood in which it's located. The ordinances state that a proposed use shall be such that it will not adversely affect the use or value of neighboring properties.   The business has loud, noisy, early-morning traffic, is an eye-sore and causes dangerous traffic situations.  More applications will be filed by other contractor operations in the county who are waiting to see if this application  is approved. The neighbors requested that the business not house, transport or store its equipment in the neighborhood, which although zoned agricultural, is in reality, residential, there being 51 houses on the road.  They added that the business is not consistent with a farming operation but is a large, growing commercial business bordering on being industrial.  The contractor's business is a part of the "Heavy Construction Contractor's Association" which is an association that assists site developers and other heavy construction companies by fighting restrictive laws in Northern Virginia.  The opponents were opposed to the approval of a permit with restrictions because the applicant has shown over and over again that he will violate his own conditions.  A petition opposing the application, containing 35 names, was filed.

Jack Atkins stated that the applicants are being singled out and that he has heard of no complaints about two other contractors on road.

Jean Lillard added that the county must be consistent.  She noted that there are a number of businesses operating without having applied for a special-use permit.

Mr. Baumgardner, counsel for the applicant, reminded the Board that the applicant has put together a set of conditions to be considered and welcomes input of the Board as to additional conditions.  He emphasized that the use is provided for and is consistent with regulations in the zoning ordinance.  He noted that this use is also allowed in a R5 zone.

Chairman Anderson closed the public hearing at 8:30 p.m. 

Mr. McCarthy advised that the file contains a copy of the web page, petitions, pictures and a letter from David Means in support of the application.

Mr. Frazier, the Supervisor representative who also serves on the Planning Commission, reported that at the Planning Commission meeting, it was evident that this operation did not fit the community in which it is located and that the applicant would not comply with any conditions that the Planning Commission suggested.  He added that the applicant has not adhered to his own application since he applied for the permit nor to the notice from the Zoning Administrator.

Whereupon Mr. Frazier moved to deny the application as originally submitted and with conditions as presented at this meeting.  Mr. Welch seconded the motion and the Board voted unanimously to deny the permit.  The following roll call vote was taken:  AYE:  Anderson, Frazier, Welch, Wayland, Lee.  NAY:  None. 

 

            There being no further business, the meeting adjourned.

 

 

 

                                                                        ________________________________________

                                                                                    Robert P. Anderson, Chairman