AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 7th DAY OF FEBRUARY, TWO THOUSAND AND FIVE AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

 

                                    Present                                                                       Absent

Robert P. Anderson, Vice-Chm          Peter H. Luke, Co. Atty.            Charles K. Estes, Chairman

Roger A. Welch                                  John W. McCarthy, Co Adm

Ronald L. Frazier                                Diane Bruce, Clerk

S. Bryant Lee

           

            Due to the absence of Chairman Estes, the Vice-Chairman, Robert P. Anderson, called the meeting to order and proceeded to conduct the meeting.  All other Board members were present.

 

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

January 2005 meeting were unanimously approved as published. The vote was recorded as follows:  AYE:  Frazier, Lee, Anderson.   NAY:  None.  ABSENT:  Estes.    ABSTAIN: Welch.

 

AGENDA:     On motion of Mr. Welch, seconded by Mr. Lee, the revised agenda was unanimously adopted.  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:

            1)         Specs for the Capital Improvement Plans should be ready to go out for bid on February 27 or 28.

            2)         SOL Passrates:  Preliminary results have been received and both schools are fully accredited for the second consecutive year. (copy with papers of meeting)

            3)         Challenge Index:  According to the Washington Post's formula for determining academic challenge in schools, the Rappahannock County schools are in the top 5% of US schools encouraging students to take AP/college level tests.  The index was based on tests given  in May.

 

Farm Conservation Awards: 

            Jones:  On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously, of those present, to adopt a resolution recognizing Bruce & Susan Jones for their outstanding farm conservation management practices which include implementation of a farm nutrient management plan.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes.  (Resolution attached as Exhibit A and made a part of this motion.)

            Sunnyside Institute:  On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously, of those present, to adopt a resolution recognizing Sunnyside Institute/Sunnyside Farms for their outstanding commitment to resource conservation, innovative approaches to agriculture and community outreach.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes.  (Resolution attached as Exhibit B and made a part of this motion.)

            Fire Levy Appropriation and Bills:

                        Appropriation:  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to appropriate $42,738.00 to line item FSF-5606 for payment of one half of the cost of the roof at the Amissville Fire Department.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes. 

                        Bills:  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously of the members present, to authorize payment of Fire Levy Bills in the total amount of $185,211.19 as set forth in a letter dated January 25, 2005, from the Fire Levy Board to the Board of Supervisors and attached to these minutes as Exhibit C.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes.  

           

PUBLIC COMMENT:        

            Phil Irwin commended the Board for its handling and proposed downzoning of the former Aileen Plant on Rt 606 near Flint Hill.   He noted that this property is adjacent to five open space easements.

            Paul Farmer introduced himself as the new president of RLEP.

            Bob Chappell commended the Fire and Rescue personnel.

OLD BUSINESS:

            Regional Governor's School Study:  On behalf of the county, Mr. McCarthy will submit a written request to the regional legislators to support the study.  There is no financial commitment on the part of the county at this time.

            Fletcher/Freeman/Grigsby Road Maintenance Agreement off Flatwood Road:  Mr. Luke reminded the Board that it authorized a "public road for private convenience agreement" in June 2002. The agreement called for the property owners to begin construction within one year with completion no later than June 2004.  There was to have been no cost to the county. 

 No work has started to date, however several of the property owners now wish to sell some of their lots and have requested to record the agreement signed by only two of the property owners.  By general consensus, the Board agreed to carry this matter over until the April meeting to allow Mr. Luke an opportunity to conclude the legal research.

 

NEW BUSINESS:

            Budget Amendment:  On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously of the members present, to appropriate $10,115.00 to line item Juvenile Detention #2103-3010.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes.      

           

APPOINTMENTS:  None

 

CORRESPONDENCE:    None

           

INFORMATION:  (See papers of meeting.)

            Scrabble School Preservation Foundation, Inc.:  Notice of public discussion (w/papers of meeting.)

            VDOT Quarterly Report.

            VDOT Bridge Closure notices for Route 620 and 628.

            Exceptional Waters Notice:   Piney River & North Fork Thornton River.

            Building Office Report:  Total construction from December 22, 2004 to January 21, 2005 was $696,461.00.  Year to date totals:  (See papers of meeting for more detail.)                     

Year to date totals:

               2004

               2005

New Home Construction

                 1

                  3

Commercial Buildings

                 1

                  1

 

Building Office Yearly Report:  (See papers of meeting for more detail.)

Total Construction Costs, 2003

$20,355,681.00

Total Construction Costs, 2004

25,267,795.24

 

            New Construction Report 2003-2004: (See papers of meeting for more detail.)

New Homes, 2003

64

New Homes, 2004

67

New Commercial Buildings, 2003

  6

New Commercial Buildings, 2004

11

           

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously of the members present to approve the Accounts Payables dated February 7, 2005. The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes.

 

EXECUTIVE SESSION:    None.

           

There being no further business, the meeting recessed at 2.55 o'clock p.m. until 7:00 o'clock p.m. at which time Vice-Chairman Anderson called the evening session to order.  Mr. Estes was absent. 

(1)  SE#04-09-01, Bleu Rock LLC Second Dwelling on a Parcel:  Continued.

 

(2)  RZ#04-12-01, Aileen Property Rezoning:  The proposed rezoning is pursuant to Rappahannock County's application to rezone the former Aileen property from "I" Industrial to 14.9657 acres General Commercial (GC) and 18.9307 acres Agricultural (A), with conditions contained in the contract for sale and the resolution by the Board of Supervisors.  The property is described as Tax Map 13, Parcel 31, zoned "I", Industrial, Hampton District.  The use is allowed under ¤170-135B with additional standards found in ¤170-134J.  The Planning Commission conducted its public hearing on January 19, 2005 and recommends approval.

Mr. McCarthy presented the application on behalf of the County, and stated that the county's interest in purchasing and applying to rezone this property, which was formerly in bankruptcy and continues to be subject to environmental hazards monitoring, is to (1) take control of the pollution; (2) downzone from Industrial use; (3) get the property back on the tax rolls and (4) help the property become productive again with employment opportunities. 

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

Joe Svatos, Flint Hill, reading from a prepared statement, commended the county for its efforts to clean up and put the property back into productive use, but urged the Board to place additional restrictive uses on the property.  Mr. Svatos statement is filed with the papers of this meeting. 

Clyde Humphrey expressed support of the proposed down-zoning. 

There being no others to comment, the Vice-Chairman closed the public hearing.

Mr. Welch and Mr. Frazier noted that this application is not a "proffered rezoning" but a "proffered contract" which prohibits drive-in theaters, dance halls, bus terminals and fast food eating establishments; however anything else allowed in GC would be eligible by right or special permit.  (copy of contract filed with the papers of the meeting.)

Mr. Luke advised that the contract is contingent upon rezoning and any change in terms to the proffers would have to take place before an open public hearing.

There being no other comments, on motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously, of the members present, to approve the rezoning as proposed in RZ#04-12-01 and as advertised.  The following roll-call vote was recorded.   AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes. (See papers of meeting for more detailed information and plat.)

 

(3)  Regional All-Hazard Mitigation Plan Adoption:  The adoption of this plan is required in order to continue to qualify for full funding for disaster assistance.  It is expected that adoption of a regional plan will be a prerequisite for obtaining future homeland security funds.  This plan has already been approved by two of the counties in the Planning District.  Two portions of the document have been withheld from the public in compliance with the Virginia Freedom of Information Act.  They are Sections 14 & 15 "Hazard Identification" and "Vulnerability Assessment", respectively, of Human-Caused Hazards.  (The Plan is filed in the County Administrator's Office.)

            On motion of Mr. Welch, seconded by Mr. Lee, and the unanimous vote of the members present, the Board approved the "Resolution to Adopt the Rappahannock-Rapidan Region (Multi-Jurisdictional) All Hazard Mitigation Plan.."  (Resolution attached to these minutes as Exhibit D.) The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes. 

 

            (4)  Solid Waste Management Plan Adoption for Rappahannock County and the Town of Washington:  Mr. McCarthy explained that DEQ requires every county to adopt a plan for how it plans to dispose of its wastes.

            The Vice-Chairman opened the public hearing.

            Bob Duxbury, Amissville, asked if the Plan would prohibit the county from applying for a new cell?  The County Administrator advised that the Plan is valid for 5 years and assures DEQ that the county will not apply for a new cell. There being no other comments, the Vice-Chairman closed the public hearing.

            On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously, of the members present, to adopt the Solid Waste Management Plan for Rappahannock County and the Town of Washington, January 2005.  The following roll-call vote was taken:  AYE: Frazier, Lee, Anderson, Welch. NAY:  None.  ABSENT:  Estes.  (The Plan is filed with the papers of this meeting.)

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

 

 

 

_________________________________________

                                                                                         Robert P. Anderson, Vice-Chairman