AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 4TH DAY OF JANUARY, NINETEEN HUNDRED NINETY NINE AT TWO O’CLOCK P

AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 6^th DAY OF FEBRUARY, TWO THOUSAND AND SIX AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present Absent

Robert P. Anderson, Vice-Chairman Charles K. Estes, Chairman

S. Bryant Lee Peter H. Luke, Como Attorney

Ronald L. Frazier John McCarthy, County Adm

Roger A. Welch Diane Bruce, Clerk

Robert P. Anderson, Vice-Chairman, called the meeting to order.

MINUTES: On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the

January 4, 2006 meeting were unanimously approved, of the members present, as amended. The vote was recorded as follows: AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes.

AGENDA: On motion of Mr. Welch, seconded by Mr. Lee, the final agenda was unanimously adopted, of the members present. The vote was recorded as follows: AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes.

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

School Calendar & Newsletter: Filed with papers of meeting.

Internal Analysis of Non-Salary – Fringe Benefit/Non-Debt Expenditures: This document explains how school funds are expended. Seventy-seven percent of expenditures are in the personnel line item. (See Exhibit A attached hereto and made a part of these minutes.)

MOTORCYCLE SAFETY PRESENTATION: A group of home-schooled students, accompanied by Jane Burdick, made a presentation of their project regarding motorcycle safety in Rappahannock County. The students involved were Austin and Tyler Burdick, Adrin DeMalle and Joseph Pungeman. The report made numerous findings including the fact that there were 32 motorcycle accidents in the county in 2004 and 2005, most of them due to speeding, inexperience and curving mountain roads. They also found that the mountain roads are the reason many bikers come to the county. (See map and Ecybermission Science, Math & Technology Competition report with papers of meeting.)

FIRE LEVY BILLS: Richie Burke presented the semi-annual request for funds. On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously, of the members present, to approve payment of Fire Levy Bills in the total amount of $131,425.66. The following recorded voted was taken. AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes. (See papers of meeting for detailed reports.)

VDOT REPORT: David Cubbage, Residence Administrator, made the following monthly report.

(1) Rappahannock Superintendent: This position is currently vacant. Doug Bywaters will have overall charge of personnel and budgetary issues during the hiring process.

(2) Former Maintenance Shed: An environmental assessment is currently underway regarding the VDOT lot outside the Town of Washington. Following the assessment, there will be an appraisal process and then a determination if VDOT has any use for the lot. If none, the lot will be offered to other state agencies; if no interest there, the property can go to sale. VDOT hopes to entirely vacate the lot by the end of the current fiscal year.

(3) Route 621 bridge over Thornton River: There will be a 60-day closure to rebuild this bridge. The project should be undertaken during the September to December time period.

(4) Rediviva Road: Maintenance of the road was discontinued but the road itself was never removed from the system. VDOT will undertake maintenance on the section between Rt 211 and Rediviva Lane.

PUBLIC COMMENT:

Washington Wastewater System Proposal: Monira Rifaat, Elizabeth Haskell, Ellie and Jim Clark, Phil Irwin, Paul Farmer, Rick Kohler, Henry Gorfein, Beverly Hunter, Alice Biby all voiced opposition and/or concern about the Town of Washington's proposed wastewater system which would discharge treated effluent into the Rush River.

Mr. McCarthy discussed the Town's lengthy history of study and evaluations for a proposed wastewater system and the numerous types of systems and locations that have been evaluated and why those studies have resulted in the proposed wastewater system now before the Department of Environment Quality (DEQ). He added that although there are alternative systems available, they are not permitted in Virginia. He suggested that because there is a responsible public concern, the county may want to consider retaining a third party engineer to review the Town's plans and make recommendations.

Washington Wastewater System-Agenda Addition: Because the Town's wastewater system was not an agenda item, on motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously, of the members present, to add the Town's Wastewater System proposals to the agenda for discussion at this meeting. The following recorded voted was taken. AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes.

No action was taken. By general consensus, the Board agreed to have a third party engineer review the town's plan.

Conservation Officer: Don Loock was introduced as the new land conservation officer for Rappahannock County.

HB1435, Farm Wineries: Henry Gorfein urged the Board to oppose HB1435, a bill being proposed on behalf of wineries in Virginia that would allow them to bypass local zoning regulations and become uncontrolled recreational centers.

OLD BUSINESS: None.

NEW BUSINESS:

Sheriff's Office—Vehicle Purchase: By general consensus, the Board authorized the Sheriff to order two new vehicles at a total cost of $51,750. Payment will be made from the FY07 budget.

Legislative Update: (See papers of meeting.)

HB 1435: Farm Wineries--would be exempt from zoning requirements.

SB343: Regional jail provisions.

SJ94: Farmlands. Study of financing and programmatic options for preserving farmland.

SB57: Solid waste management plans; units to maintain recycling and target rates.

APPOINTMENTS: None.

CORRESPONDENCE: (See papers of meeting.)

Composite Index: Letter from Senator Mark D. Obenshain.

Fire and Rescue Association: Annual banquet, Feb 18, 2005 at Amissville.

NOVA 4-H Center: Thank you letter for $3000 contribution from county.

INFORMATION: (See papers of meeting.)

Building Office Report: Total construction from December 22, 2005 to January 21, 2006 was $1,519,000.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2005	2006
New Home Construction	3	6
Commercial Buildings	1	1

Annual Building Permit Report: See report with papers of meeting. (Exhibit B attached hereto and made a part of these minutes.)

FY2005 Audit Report: Several minor findings were reported with the annual audit report. Letter with report filed with papers of minutes.

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously of the members present to approve the Accounts Payables dated February 6, 2006. The vote was recorded as follows: AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes.

EXECUTIVE SESSION: On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2-3711A.3. The subject matter of the closed meeting was to discuss or consider the acquisition of real property for a public purpose, when discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors under §2.2-3711A.3. (The subject matter of the closed meeting will be property acquisition for professional office space.) The following roll-call vote was taken: AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes. (Resolution with papers of meeting.)

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: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes.

Whereupon the Vice-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. NAY: None. ABSENT: Estes.

There being no further business at the general session, the meeting recessed at 4:25 o'clock p.m. until 7:00 o'clock p.m. at which time the Board reconvened.

Chairman Estes was absent. Vice-Chairman Anderson called the meeting to order to conduct the following public hearing.

SE#05-12-02, Harvey Second Dwelling on Lot: Gary Harvey, the owner, has applied to construct a second dwelling on a parcel of 79.56 acres. The property, defined at Tax Map 28, Parcel 48, and located in Hampton District at 12567 Lee Highway (Bleu Rock Inn Farm) is zoned "A" Agricultural. The use is allowed under §170-36A. This application is the same as SE04-09-01 which was previously recommended for conditional approval by the Planning Commission but expired prior to being forwarded to the Board of Supervisors for consideration. The Planning Commission recommends approval by majority vote of 6 – 1 conditioned upon meeting VDOH requirements.

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

Pat Choate, a neighbor on Clarke Lane, asked the Board to table the application until the applicant can present a comprehensive development plan for the entirety of his property. The applicant has stated his intention to use both properties for an event center and to continue to ask for exceptions to expand Bleu Rock. The applicant's announcement of future uses changes the nature of the application. Rather than dealing with a resort development, exemption by exemption, the applicant should be required to submit comprehensive development plans so the county can make an informed decision.

Further, Mr. Choate called the Board's attention to the applicant's recent unlawful commercial activities at his Greystone property on Clark Lane which have resulted in two "cease and desist" orders filed by the Zoning Administrator and cautioned the Board to proceed carefully and thoroughly with this applicant.

Gary Harvey, the applicant, explained that this application has only to do with building a 3 bedroom house on the Bleu Rock property; that Greystone on Clark Lane, which has been used for overflow from Bleu Rock, is a separate issue. He added that his intent is to make Bleu Rock a wedding facility and sometime in the future, he will apply to have a "tourist" home at Greystone. Greystone has four bedrooms and could accommodate a maximum of eight guests.

In response to a question from Mr. Lee, the applicant stated that the house to be built will be used by the former owner as a residence, that she may live there as long as she wishes, that he has no lease agreement with the former owner and that he will not use the house for guests or overflow guests of Bleu Rock.

There being no other comments, the Vice-Chairman closed the public hearing.

Mr. McCarthy advised that the applicant would have to apply for a special use permit if he wishes to use the new house as rooms for guests. Bleu Rock currently has permission for 10 units. The ordinance limits the number of units to 8 per 25 acres.

Mr. Frazier reminded the applicant that he is restricted to a total of 100 guests in the restaurant, no matter whether they are inside the building or under tents on the outside and that the proposed house may not be used as guest rooms for Bleu Rock.

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously of the members present to approve the application conditioned upon there being no commercial use of the house and upon VDOH approval. The following recorded vote was taken. AYE: Frazier, Lee, Anderson, Welch. NAY: None. ABSENT: Estes.

There being no further business, the meeting adjourned at 7:35 o'clock p.m.

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Robert P. Anderson, Vice-Chairman