AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 7TH DAY OF MAY, 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-Chm

S. Bryant Lee      

Roger A Welch

Edward D. Wayland

 

John McCarthy, Co. Adm.

Peter H. Luke, Co. Attorney

Diane Bruce, Clerk

                  None    

 

 

Chairman Anderson called the meeting to order.  All members were present. 

 

MINUTES:    On motion of Mr. Welch, seconded by Mr. Lee, the minutes of the April 2, 2007 and April 30, 2007 meetings were unanimously approved. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

 

AGENDA:     On 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:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

 

SCHOOLS: 

Dr. Chappell, Superintendent of Schools,  made the following report.

Roof Repairs:  The leaks in the gym and cafeteria at RCES, which were caused by the contractor not following specifications, have been repaired at no cost to the school system and the warranties have been reinstated.

Governor's Conference:  The conference will be held in Richmond.  Presentations will be made by Miranda Hope who will discuss the Next Step program and Amy Goober who will discuss the use of palm pilots to prepare for SOL testing.  Private donations will be used to participate in the conference. The Supervisors were invited to attend at no cost to the county. 

Budget:  In response to questions from the Supervisors, Dr. Chappell reported that it is not mandatory to have an assistant principal at the elementary school or a Human Resources Director for the school system; however, he expressed concern that without adequate administrative assistants, the quality of education may suffer.

The Superintendent also noted that the proposed school budget does not include a salary increase for him.  Further he added that he has personally donated over $1000 to various school programs in the past year and will increase his contributions by 50% during the coming year.  He urged the Supervisors to encourage or endorse a proclamation to those who benefit from land use programs to donate $1500 to the schools.

FY08 School Budget Adoption:  Mr. Frazier made a motion to adopt a bottom line figure in the amount of $12,006,934, which he explained would reduce the local cost by slightly less than $275,000.  Mr. Welch seconded the motion and called for discussion.  Following considerable discussion about rising costs and taxes and reduced funds from the state, the Chairman called for a vote.  Mr. Frazier voted AYE; there were no other votes.  The motion failed.

Whereupon Mr. Wayland voted to adopt a bottom line figure in the amount of $12,096,934 which is a local increase of $310,000 over the current fiscal year.  Mr. Lee  made the second to the motion.  The following recorded vote was taken.  AYE:  Wayland, Lee, Welch, Anderson. NAY:  Frazier.

           

VDOT REPORT: 

            David Cubbage, Residency Engineer, reported as follows:

            Rediviva Bridge:  A meeting was held on April 3 with a number of citizens and neighboring land owners.  VDOT will either convey the bridge to abutting owners or proceed to demolition unless the county wishes to have funds taken from the 6-Year Plan to conduct an engineering study.  The bridge serves two full-time residents and seven part-time dwellings. The study would cost $25,000; total replacement would cost approximately $400,000.  A decision to replace this bridge would put it in direct competition with others bridges in the county that serve more travelers.  Mr. Lee requested that this matter be tabled until the June meeting.

            Routes 211 & 522:  Paving is underway on both highways. 

Signs:  In response to an inquiry last month, Mr. Cubbage reported that all of the signs at the Massie's Corner intersection of Routes 211/522 are legal.

 

PUBLIC COMMENT:    

            Paul Erlenborn, Jackson District, complained that B&S Construction Company is continuing its illegal operations. 

            Ruth Kiger, Piedmont District, asked what happened to the $1.8 million of excess revenues that were expected.  Mr. McCarthy explained that revenues were less than expected and that significant funds were expended for out-of-ordinary expenses and capital programs.

            Jean Lillard, Wakefield District, noted that there are numerous zoning violations in the county that need to be resolved.  She also suggested that the county doesn't use different land-use valuations reather than SLEAC values.

            Tom Junk, Piedmont District, commented on the amount of capital outlay for schools, such as the track and ball field costs that have been paid from the General Fund, not the School Fund.  He suggested that those amounts should go through the school budget to show the true cost of education.

            Bill Dietel, Hampton District, stated that he was disappointed in the vote on the school budget.  He added that (1) the school budget has been decreasing as a portion of the county budget and (2) teacher salaries are critical because the school board is involved in competition with other counties.

            Rosa Crocker, Wakefield District, noted that nationwide, per pupil costs generally do not include capital outlay or capital costs.

            Roger Cordani, Wakefield District, added that many people are having a hard time paying their taxes and that the county should work closely with its legislators to achieve legislative success in change the Composite Index formula.

 

OLD BUSINESS:

Workforce Investment Act Inter-Local Agreement:   Steve Ray and Todd Palmquist appeared before the Board to discuss this program which is designed to provide training for hard-to-place workers.  Federal legislation requires the county to participate. 

At the April meeting, County Attorney Peter Luke informed the Board that the agreement calls for all members to share equally in any liability.  Mr. Luke was unable to advise the Board to enter this agreement that calls for liability because what the county receives is small in percentage, but its liability is equal to larger jurisdictions. 

Mr. Ray and Mr. Palmquist will refer the agreement to their staff attorneys to revise the wording. 

Sludge Report:  Mr. Luke reported that the committee has completed its work and a draft ordinance has been prepared and distributed to each Board member. (Copy with papers of meeting.)  The proposed document contemplates two ordinances; one will be a stand-alone ordinance in the Health Section of the County Code and the other requires an amendment to the Zoning Code.  The Board will discuss the ordinance at its June meeting; it will then go to the Planning Commission to be considered at its July meeting and reappear on the Supervisor's agenda at its August meeting.

Emergency Communications Update:  The radios have been distributed to fire and rescue personnel.

Regional Jail:  The Warren County site is still under consideration.  Shenandoah and Page Counties are both contemplating removing themselves from any agreement.  Rappahannock County is part of the group only because the Department of Corrections is pressing the issue.

            Dominion Power Line:  Mr. McCarthy and Mr. Luke explained that the county's emphasis should be on location instead of need.  The county has not been able to retain counsel or any experts.  They noted that PEC has funding and counsel, but there is not unity of interest by everyone.  They advised the Board to let the organizations carry the load and for the Board to deal with whatever is the minimum impact to the county, focusing on the possibility of monopoles in the existing right-of-way. 

            Clean Streams Project:  A mailing has gone to property owners encouraging each one to pursue good septic system maintenance.

            Stormwater Ordinance:  All counties are required to have a stormwater ordinance.  A draft ordinance will be presented at the October meeting.   

B&S Excavation Zoning Violation:    Mr. Luke explained that a consent decree had been prepared but has not been signed.  It contemplates all activities ceasing by May 1; however B&S has asked for an extension of time.  If a consent decree can be entered, B&S will be under court order to do certain things. Michael T. Brown, counsel for B&S, informed the Board that numerous serious efforts to move the facility have been made but each has failed due to no fault of B&S.

Jan Zindel and Paul Erlenborn both reported that construction-type traffic continues to take place. (See letters with papers of meeting.)

This matter will be discussed in Executive Session.

 

NEW BUSINESS:

            Living Towns:  The Regional Commission will hold a meeting at the Schoolhouse in Sperryville on May 31.

            Virginia Employment Commission:  The Employment Commission is considering consolidating some offices; however, the Culpeper office is not expected to close.  A "Town Hall" meeting will be held at the Germanna Tech Center on May 14 between 7 and 9 pm. (Letter with papers of meeting.)

            Allegheny Power Rate Increase:  Allegheny has applied for a 75% increase in the industrial rate and a 16% rate increase in the residential rate.

            Employee Mileage Reimbursement:  By general consensus, the Board agreed to reimburse mileage for private vehicles to 48.5 cents per mile.  This rate corresponds to the allowable IRS rate.

            LEOS BENEFIT:   Legislation enacted by the 2007 General Assembly makes a number of changes to retirement benefits for state police officers, sheriffs and local public safety officers.  Effective July 1, 2007, the retirement multiplier will increase for law enforcement under the VRS.  Beginning July 1, 2008, all VRS-participating political subdivision employers must provide LEOS benefits for deputy sheriffs.  The cost consequence will be significant.  This item will be placed on the June agenda for discussion.

 

APPOINTMENTS:    None.

 

CORRESPONDENCE:

            Lindquist letter regarding shooting in the Amissville area.  (filed w/papers of meeting)

            McWhirt letter regarding violations by B&S Construction Co (filed w/papers of meeting.)  

INFORMATION: 

            Building Office Report:  Total construction from March 22, 2007 to April 21, 2007 was $3,642,971.00.  Year to date totals:  (See papers of meeting for more detail.)                       

Year to date totals:

               2006

               2007

   New Home Construction

                 20

                   14

   Commercial Buildings

                   3

                     2

           

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to approve the Accounts Payables dated May 7, 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. Frazier, 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.  For purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened on which the Board of Supervisors or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. (Resolution filed with papers of meeting.)   The subject matter of the closed meeting was (1) discussion of legal action and/or settlement of the B&S Excavation matter and (2) discussion of threatened legal action with regard to an assessment and (3) Dominion Power.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland  NAY:  None.

            Open Session:  On motion of Mr. Welch, seconded by Mr. Wayland, 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.

B&S Excavation Zoning Violation:  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to authorize the County Attorney to execute an agreement with B&S Excavation within the next seven (7) days.  If B&S Excavation does not execute the agreement, the County Attorney is directed to take such legal action as he deems appropriate.  The vote was recorded as follows:  AYE:  Wayland,  Welch, Frazier, Lee and Anderson.  NAY:  None. 

There being no further business, the meeting recessed at 5:50 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings.   All Board members were present. 

           

1)         RZ07-03-03 -- CIM Real Estate Zoning Amendments:

 

            The applicant, CIM Real Estate Inc. on behalf of Dr. John McCue, has submitted four proposed text amendments to the Zoning Ordinance which relate to the size of "small" and "large" offices. (Details of application filed with papers of meeting.) The application states that the amendments are proposed for the public necessity, convenience, general welfare and in furtherance of good zoning practice and for the general purpose of promoting the health, safety and general welfare of the public.  This application was filed subsequent to application RZ #07-01-01 CIM Real Estate Rezoning, which was submitted earlier by Dr. John McCue and was the subject of a public hearing at the April meeting of the Board of Supervisors.  No action has been taken on that application. 

The Planning Commission held its public hearing on April 18, 2007 and  recommended approval of only proposed amendment #4.  It declined to recommend approval of any of the first three proposed amendments.    The Zoning Administrator and County Attorney both agreed that to broadly define the title, while narrowing it in the additional standards, as is done with family apartments, residential care facilities, education facilities, etc., was more in keeping with the county ordinance's ordering.

            Chairman Anderson opened the public hearing. 

            Gary Schwartz stated that Dr. McCue provides a valuable service to the community.

            Tom Junk, Piedmont District, cautioned that it is not a safe practice to amend the ordinance to fit one person's need.

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

            Mr. Frazier, the Supervisor representative to the Planning Commission, explained that the Planning Commission recommended approval of item number 4 so as not to damage the zoning ordinance.

            On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the text amendment attached hereto as Exhibit A and made a part of these minutes.  The following roll call vote was taken:  AYE:  Frazier, Lee, Wayland, Welch, Anderson.  NAY:  None.  (See papers of meeting for full detail of applications.)

 

2)         RZ #07-01-01 - CIM Real Estate Inc. Rezoning:    This application was withdrawn.

 

3)         SE#07-02-03, Price Multiple Dwellings on Parcel:  Mrs. Wilhemina Price has applied for the use of a third dwelling on a parcel of 104 acres.   She wishes to obtain permission for an occupancy permit for a barn that has been remodeled into a house.   The property is described as Tax Map 50, Parcel 10, Zoned "A" Agricultural and "C" Conservation and is located at 4923 Sperryville Pike, Windy Hill Farm, in Stonewall-Hawthorne District.  The barn is on the right side of the driveway and the other two dwellings are further up the driveway.  The use is allowed under Section 170-36A.  (See details of application filed with papers of meeting.)

            The property has sufficient density to accommodate the third dwelling even after adjustment for slopes.  The applicant had intended to tear down an existing house, to render the SE unnecessary, but has determined that it is in the best interest to keep it, thus necessitating the SE.

            The Planning Commission held its public hearing on March 21, 2007 and unanimously, of the members present, recommended approval conditioned upon VDOT and Building Department approval.

            Chairman Anderson opened the public hearing.  There were no comments.  The public hearing was closed. 

            On motion of Mr. Anderson, seconded by Mr. Welch, the Board voted unanimously to approve the Special Exception conditioned upon VDOT and Building Department approvals. The following roll call vote was taken:  AYE:  Frazier, Lee, Wayland, Welch, Anderson.  NAY:  None.

 

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

 

 

 

________________________________________

                                                                                    Robert P. Anderson, Chairman