AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 3rd DAY OF APRIL, 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 (deceased)

            S. Bryant Lee              Peter H. Luke, Como Attorney

            Ronald L. Frazier        John McCarthy, County Adm

            Roger A. Welch          Diane Bruce, Clerk

 

            Vice-Chairman Anderson called the meeting to order and called for a moment of silence in memory of Charles K. Estes who passed away on April 1 and who was currently serving as Chairman of this Board at the time of his death.  Governor Kaine has ordered that county flags fly at half mast until the interment of Mr. Estes.

 

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

March 6, 2006 meeting were approved as printed. The vote was recorded as follows:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None. 

 

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

 

SCHOOLS:  Mrs Raye Tupper appeared on behalf of Dr. Chappell, and reported as follows:

            1)         Expressed thanks for authorization of the the $180,690 track upgrade.

            2)         Distributed the monthly calendar and quarterly newsletter (filed with papers of meeting.)

            3)         Gym project is ongoing.

 

HARMON RESOLUTION:  Continue until the May 2006 meeting.

 

PUBLIC COMMENT: 

            Remembrances of Charles K. "Pete" Estes:   On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt a Resolution in Memory of Charles K. "Pete" Estes. (Exhibit A attached hereto and made a part of these minutes.) The following recorded vote was taken:   AYE:  Anderson, Welch, Lee, Frazier.  NAY:  None.

Personal comments in memory of Chairman Estes, were made by Robert P. Anderson, Vice-Chairman of the Board of Supervisors, Board members Bryant Lee and Roger Welch, County Attorney Peter H. Luke, County Administrator John McCarthy, Aline Johnson, School Board member from Piedmont District, Eugene Leggett, Mayor Town of Washington and Member of the Rappahannock Water & Sewer Authority, Bob Weinberg, Chairman of the BZA and county residents Phil Irwin, Bob Lander, Beverly Hunter, Joy Sloan, Sharon Kilpatrick, David Konick, Henry Gorfein and Monira Rifaat.

            Washington Wastewater System:  Monira Rifaat submitted copies of petitions opposing the Town of Washington's Wastewater System.  (filed with papers of meeting.)

            Brian Raub complained about zoning requirements regarding a tract of land he inherited.  The complaint was unclear.  No action was taken.

            There being no other comments, the Public Comment section was closed by Vice-Chairman Anderson.

 

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

            (1)       Tapp's Ford Road Bridge:  Paving will take place on April 6; the bridge should be open for public use by the May meeting.

            (2)    Plant Mix Schedule:  2.53 mile section three miles east of Page County line on Rt 667; 2 mile section of Route 522 between Routes 614 and 618; 1 1/2 mile section on each side of Rt 522 in Woodville area.

            (3)       VDOT is updating and finalizing the outstanding paper work on some of the older and completed projects.  

            (4)       Battle Mountain Road:  This project will be complete in 60 - 90 days.      

                       

OLD BUSINESS: 

            General Assembly Update:  The General Assembly has not approved a state budget to date, but most school items are no longer in the debate.  The VRS contribution is expected to increase dramatically.  A bill regarding the transfer of development rights has been approved.  This new legislation will be referred to the Planning Commission.  The Department of Agriculture will conduct a study of farm wineries.  

            Employee Health Insurance Program:  Individual premiums will increase 21% for the coming fiscal year.  The Board agreed by general consensus to continue with the basic health insurance program. 

Dependant Care Insurance Program:  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to cap that contribution to $215 per month per eligible employee.  The vote was recorded as follows:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None. 

            The issue of employees without dependents who are ineligible for the additional insurance benefit offered to employees with dependents continues to be of concern to those employees not eligible for the benefit.  Mr. McCarthy will work toward a solution with those employees.

            Hazel River Tier III Designation:  The State Water Control Board has directed staff to meet with county officials to discuss the county's objection to the designation.  Mr. McCarthy will schedule the meeting.

            Regional Jail Study Resolution:  On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to adopt this resolution, attached hereto a Exhibit B and made a part of these minutes.  The vote was recorded as follows:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None. 

            Monument Repair & Restoration:  The estimated cost to repair the Confederate monument in the Courthouse yard is $35,000.  RLEP has paid for the cost of the study.  Contributions will be solicited from the private sector. 

            Washington Wastewater Sewage Treatment Plant:  At the request of the county, Draper Aden Associates has reviewed the preliminary engineering report for the Town of Washington wastewater conveyance and treatment facility.  A copy of the letter will be forwarded to the Town of Washington and to DEQ.  (letter filed with papers of meeting.)

            Meadow Grove Easement:  The process is on tract as planned and should be completed by the May 2006 meeting. 

 

NEW BUSINESS:

            Stormwater Easements and Facilities Resolution:  Mr. Luke explained that the resolution is a comprehensive, countywide agreement that will cover all future roads built to specifications required by VDOT.  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt a resolution entering into a comprehensive stormwater detention agreement with VDOT.  (See Exhibit C attached hereto and made a part of these minutes.)  The following roll-call vote was taken:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None. 

            Resolution Accepting Title to Bank Road and Lot #2:  This resolution is required by the Subdivision Ordinance.  Bank Road will link two state roads.

            On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to adopt a Resolution Accepting Title to Bank Road and Lot 2 of the Rappahannock Commons Professional Center.  (See Exhibit D attached hereto and made a part of these minutes.)  The following roll-call vote was taken:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None.

            Resolution Bank Road Acceptance into State Road System:  On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to adopt a resolution Providing for the Acceptance of Bank Road into the State Secondary Road System.  (See Exhibit E attached hereto and made a part of these minutes.)  The following roll-call vote was taken:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None.

            School Board Budget Hearing:  April 24, 2006 at 7:00 o'clock p.m. at RCHS.

            Open Burning Ban:   Upon the recommendation of the Fire and Rescue Association, the Board considered adoption of an Emergency Ordinance.   On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt an Emergency Ordinance Banning Outdoor Burning in Rappahannock County.   The following roll-call vote was taken:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None.   The ordinance will expire in 60 days if not sooner lifted.  (See Exhibit F attached hereto and made a part of these minutes.)

            Supplemental Appropriations:  On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to approve the following supplemental appropriations which represent increased "flow-through" funding from the Commonwealth. 

            Fire Services Fund-5206:  Increase of $7560 for total of $11,554.

            Fire Services Fund-5207:  Increase of $3406 for total of $15,406.

           

Closure of County Offices:  County offices will close at 2:00 p.m. on April 4, 2006 to allow county employees the opportunity to attend funeral services for Mr. Estes.

 

APPOINTMENTS:   None. 

 

CORRESPONDENCE:  (See papers of meeting.)

            VF&R Association regarding Open Burning.

            Senator Obenshain regarding HB1435--farm wineries.

            Butch Davies, Affordable Housing:

            Rappahannock Athletic Association:  Carry over to May meeting at request of Mr. Frazier.       

INFORMATION:  (See papers of meeting.)

            Building Office Report:  Total construction from February 22, 2006 to March 21, 2006 was $1,692,125.00.  Year to date totals:  (See papers of meeting for more detail.)                    

Year to date totals:

               2005

               2006

New Home Construction

                 12

                   13

Commercial Buildings

                   2

                     2

 

            Stuart Field:  Opening Day is Saturday, April 8, 2006 at 11:00 a.m.

 

ACCOUNTS: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the Accounts Payables dated April 3, 2006.   The vote was recorded as follows:  AYE: Estes, Frazier, Lee, Anderson, Welch.  NAY:  None.

 

EXECUTIVE SESSION:  On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously to retire into executive session pursuant to Virginia Code ¤2.2-3711A. to discuss and consider prospective candidates for appointment to public office under ¤2.2-3711A.1 and to consult with legal counsel employed or retained by the Board of Supervisors regarding specific legal matters requiring the provisions of legal advice by such counsel under ¤2.2-3711A.7.

The subject matter of the closed meeting was to discuss the legal procedures to be followed to fill the vacancy on the Board from the Piedmont District and the chairmanship, as well as the procedure for obtaining a special election.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch.  NAY:  None.  (Resolution with papers of meeting.)

            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, Lee, Welch.  NAY:  None. 

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.

Writ of Election:  On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to authorize the County Attorney to file for a special Writ of Election to be held at the November 2006 general election.  The Writ of Election will be to elect a member to the Board of Supervisors from Piedmont District to fill the unexpired term of Charles K. Estes, said term to expire December 31, 2007. 

            There being no further business, the meeting adjourned at 4:10 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following business.

            Election of Officers:  The offices of Chairman and Vice-Chairman, having been declared vacant for the balance of the calendar year by the remaining Board members, the meeting was turned over to the County Administrator for purposes to electing officers to fill the two vacancies.

            On motion of Mr. Lee, seconded by Mr. Frazier, Robert P. Anderson was nominated and unanimously elected Chairman of the Board of Supervisors for a term commencing immediately and expiring December 31, 2006.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch.  NAY:  None. 

            On motion of Mr. Welch, seconded by Mr. Lee, Ronald L. Frazier was nominated and unanimously elected Vice-Chairman of the Board of Supervisors for a term commencing immediately and expiring December 31, 2006.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch.  NAY:  None. 

            Thereupon, Mr. McCarthy relinquished authority and the meeting was turned over to newly-elected Chairman Anderson. 

            PUBLIC HEARING--TAX RELIEF FOR ELDERLY AND HANDICAPPED: The proposed amendment to the County Code has been precipitated because of rapid escalation of land values and the gradual increase of income.  The proposed amendment should allow most of those already eligible and perhaps a few additional property owners to be added.

            Chairman Anderson opened the public hearing and called for comments.

            Aline Johnson, Piedmont District, supported the amendment and urged the Board to amend the advertised proposal to include the maximum  acreage amounts  of  5 acres and a combined worth of $200,000.

            There being no other speakers, the Chairman closed the public hearing.

            On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt an Amendment to Chapter 151, Taxation, Article XII, Tax Relief for the Elderly and Disabled, of the Rappahannock County Code, copy attached hereto as Exhibit F and made a part of these minutes.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch.  NAY:  None. 

            There being no further business, the meeting adjourned at 7:25 o'clock p.m.

 

 

 

 

 

                                                                        _________________________________________

                                                                                    Robert P. Anderson,  Chairman