AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 5th DAY OF JUNE, TWO THOUSAND AND SIX AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

                                    Present                                                                       Absent

            Robert P. Anderson, Chairman                                                              None

Ronald L. Frazier, Vice-Chairman                                         

            S. Bryant Lee              Peter H. Luke, Como Attorney

            Roger A. Welch          John McCarthy, County Adm

            Thomas G. Taylor       Diane Bruce, Clerk

 

            Chairman Anderson called the meeting to order.  All members were present, this being Supervisor Thomas G. Taylor's first meeting. 

 

MINUTES:    On motion of Mr. Welch, seconded by Mr. Lee, the minutes of the May 1, 2006 meeting were approved as printed. The vote was recorded as follows:  AYE:   Frazier, Lee, Anderson, Welch.  NAY:  None.  ABSTAIN:  Taylor.

 

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

 

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

            (1)       Monthly calendar distributed.

            (2)       DARE Day will be June 8.

            (3)       Well, Field & Track:  Larry LeHew donated the well at the new track site.  The track should be ready to use by the end of August.

            (4)       Graduation is scheduled for June 11 at 9:00 a.m.  Over 100 students will graduate.  The rising senior class has approximately 80 students.

            (5)       RCES Roof was damaged in a construction process.  Repairs will cost $8000.  The contractor has been put on notice to fix the damages.

            (6)       End of Year Funding:  Financial picture is not as rosy as last fiscal year.  Revenues from the Commonwealth will be less than projected because there are 1005 students instead of 1015 students. Student projections for next year are for 995 students.

            (7)       Construction figures will be available by the June 26 meeting.

             

 

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

(1)       Rt 211 between Sperryville and the Shenandoah National Park:  Milling and paving operations for the next three weeks.

(2)       Rt 640:  Surface treatment over the next 6 - 8 weeks. 

(3)       Six-Year Secondary Road Plan:  Revised plan must be submitted to the state.  There will be a 35% reduction in funds between 2006-2010.  Major projects will remain in the budget but some spot improvements will be stalled in their positions.  The upper segments of priorities will stay as close to schedule as possible.  Fewer projects may be suggested in the future.

 

RESOLUTION:  JOYCE & ANN HARMON:  Each year the Cupeper Soil & Water Conservation District honors those who have made outstanding contributions to the cause of conservation and environmental improvement in the five county district.  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to pass a resolution in recognition of Joyce and Ann Harman for their outstanding farm conservation management and practices. (See Exhibit A attached hereto and made a part of these minutes.)  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

 

PUBLIC COMMENT: 

            Henry Eastwood, Hampton District, complimented the capable services of Nancy Newlin, the County Registrar, and urged the Board to increase her salary to a level commensurate with her responsibilities.

            Phil Irwin, Flint Hill, John Tole, Stonewall-Hawthorne and Mitzi Young, Washington all expressed support of the proposed Conservation Easement Ordinance.

           

OLD BUSINESS:

Motorcycle Safety Project:  The project reported on by a group of Rappahannock County High School students several months ago has won 2nd place in a national contest of over 100 teams. 

            State Budget Update:  The Senate has acceded to certain House demands.  It is expected the two houses will meet during the week and resolve the FY07 budget issues.

            Government Shutdown--Local Measures:  If the Commonwealth does not adopt a balanced budget by the end of June, the localities will be required to oversee the costs of operations.  The Treasurer has been asked to keep some investments in short term investments to ensure adequate cash to cover expenses.

            Hazel River Tier III Designation:  Subsequent to the public hearing on December 12, 2005, county officials have met with DEQ and SWCB officials and discussed the various reasons for the county's opposition to the designation.  The county has agreed, however, to be supportive of a Tier III designation of the Hazel River within the boundaries of the Shenandoah National Park, as it has likewise supported the designations of those portions of the Piney River and the North Fork of the Thornton River within the Park.  (See Mr. McCarthy's letter with papers of meeting.)

            Town of Washington Virginia Pollutants Discharge Elimination System (VPDES) Permit:  The SWCB has issued a permit to the Town of Washington for a wastewater plan.  Construction could conceivably begin in the spring of 2007.

RAA Request for Additional Funding, Stuart Field:  This item was carried over from the May meeting. The RAA, which sponsors T-Ball and Little League-Babe Ruth baseball at Stuart Field in Amissville, has requested additional funding support for capital improvement projects, specifically two fencing projects.  Approximately 300 children participate; 70% are from Culpeper County.  RAA has raised $67,000 over the past 5 years for capital improvements. Annual expenditures to begin and complete a basic baseball season are $35,900.  (See letter containing full details with papers of meeting.)

The Board discussed (1) the fact that most of the children in the program are from Culpeper County, but Culpeper County is not willing to contribute to the program and (2) that a contribution to privately held property would be precedent-setting.

Whereupon Mr. Frazier made a motion to make a $10,000 one-time supplemental appropriation to RAA.  The motion was seconded by Mr. Lee.  Following discussion, Mr. Frazier and Mr. Lee withdrew their motions.

 Mr. Frazier subsequently moved to contribute $7000 to RAA for capital improvements at Stuart Field, subject to verification of bills consistent with the amount of the contribution.  Mr. Lee seconded the motion.  The Board voted by majority vote to approve the appropriation.  The following recorded vote was taken.  AYE:  Frazier, Lee, Taylor and Anderson.  NAY:  Welch.

            Route 522 Bridge-Sperryville:  This item will continue to appear on the agenda until decisions are made regarding the type of bridge to be constructed and construction dates. 

            US Routes 211 and 522 Right of Way Resolutions:  David Cubbage, Residency Administrator, described the resolutions as "house cleaning."  These resolutions finalize various right-of-way issues that arose as a result of the 4-laning of Route 211/522 between Washington and Sperryville. 

            On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to adopt all five (5) resolutions, described as Exhibits B, C, D, E & F attached hereto and made a part of these minutes.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

RCHS Track Project Update:  A 400-foot deep well has been dug by Larry LeHew who donated his services.  There is a 50-60 gpm water flow.

            Meadow Grove Easement Purchase (PDR):  Settlement is scheduled for June 16.  The county has contributed $100,000 to the project.

            Commission on Local Government, John McCarthy:  Chairman Anderson read a letter of appreciation to Mr. McCarthy for his performance in completing local fiscal impact estimates on legislation referred for analysis during the 2006 General Assembly session. (Letter with papers of meeting.)

           

NEW BUSINESS:

            Geoexplorer Demonstration:  A group of RCHS students, working with Beverly Hunter, demonstrated the program which is an online GIS information service for small governments.  The program would allow county staff to access the same information online.  The RCHS team used the program to create a GIS map of county zoning, based on paper parcel maps and to study similar systems in other county governments.  (See document filed with papers of meeting.)

            Geospatial Demonstration:  This group of RCHS history students, working with their instructors, Mr. Vickers and Ms. Hunter, demonstrated a slide show of Rappahannock County Civil War sites.   (See map filed with papers of meeting.) 

            Pandemic Flu Summit, June 21, 2006:    A multi-county meeting will be held June 21, 2006 at the Culpeper County High School Auditorium.  Mr. McCarthy will attend and report at a later meeting.

           

APPOINTMENTS:

            (1)  Planning Commission, Piedmont District:  Tom Junk's term expired May 3, 2006.  On motion of Mr. Taylor, seconded by Mr. Welch and the unanimous vote of the Board, Gary Settle was appointed to the Planning Commission for Piedmont District for a 4-year term commencing May 3, 2006.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

            (2)  Rappahannock County WSA:  The vacancy created by the death of Charles K. "Pete" Estes expires July 31, 2008.  On motion of Mr. Taylor, seconded by Mr. Lee, the Board voted unanimously to appoint Ruth Kiger to fill the unexpired term.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

            (3)  Rappahannock County WSA:  Eugene Leggett's term expires July 31, 2006.  On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to reappoint Mr. Leggett to a new four-year term.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

            (4)  Rappahannock County Fire Levy Board:  This vacancy was created by the death of Charles K. "Pete" Estes.  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to appoint Ronald L. Frazier, Supervisor from Jackson District, to fill the vacancy. 

            (5)  Workforce Investment Act Council:  This vacancy was created by the death of Charles K. "Pete" Estes.  Chairman Robert P. Anderson will assume this position.

            (6)  Rappahannock County Recreational Facilities Authority:  Rosa Crocker and Holly Lanigan were reappointed to new terms on motion of Mr. Frazier, seconded by Mr. Welch and the unanimous vote of the Board.  Their terms commence on July 1, 2006.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

 

CORRESPONDENCE:

 

INFORMATION:  (See papers of meeting.)

            Building Office Report:  Total construction from April 22, 2006 to May 21, 2006 was $577,067.00.  Year to date totals:  (See papers of meeting for more detail.)                

Year to date totals:

               2005

               2006

New Home Construction

                 24

                   23

Commercial Buildings

                   6

                     3

           

            Fiscal Year-End Meeting:  The meeting will be held on June 26, 2006 at 7 p.m.  Agenda items include the second Budget Hearing, public hearing on the proposed Conservation Easement Service District, year-end bills, FY07 Appropriations and setting of the FY07 Tax Rate. 

 

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve the Accounts Payables dated June 5, 2006.   The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch 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.3 to

(1) consult with legal counsel or to receive a briefing by staff members pertaining to probably litigation where such consultation or briefings in open meeting would adversely affect the negotiation or litigating position of the Board of Supervisors, specifically "Zoning Violations--Junk Vehicles" and (2) to discuss personnel  matters.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Taylor.  NAY:  None.  (Resolution with papers of meeting.)

            On motion of Mr. Welch, 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, Taylor.  NAY:  None. 

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, Lee, Welch, Taylor.  NAY:  None.   (Resolution filed with papers of meeting.)

            There being no further business, the meeting recessed at 4:40 o'clock p.m. until 7:00 o'clock p.m. at which time the Board reconvened and conducted the following public hearings.

 

            (1)  SE#06-04-02, Wakefield Country Day School Expansion:  The applicant has applied to construct a new 2-story classroom building, move the entrance to the property on US Rt 522 further north, move the parking area, replace existing temporary buildings with a new structure, and renovate and expand the existing original school building. 

            The property is described as Tax Map 5, Parcel 13B, zoned "A" agriculture.  The use is allowed under ¤170-63B, C & E of the Rappahannock County Code. 

            The Planning Commission's review of the application focused on the broad subject of the proposed use and the general layout proposed for new and replacement structures.   Its recommendation for approval was contingent upon a final site plan review.

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

            Sharon G. Luke reported that 60 Rappahannock County students attend WCDS which alleviates the tax burden on the county.  She asked for favorable consideration.

            Dan Clark appeared on behalf of WCDS and presented the site plan.  He added that there will be an approved decel lane, improved site distances, plans to adjust the blinking lights and caution signs and compliance with setback requirements.  Mr. Kummli has conveyed 2/10 of an acres to WCDS to resolve the entrance problem. 

            On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously to grant approval conditioned upon complying with Planning Commission recommendations.

 

(2)  FY07 Proposed Budget Public Hearing:  Chairman Anderson opened the public hearing on the FY07 Budget and called for public comment.

Numerous speakers commented on the proposed 2˘ tax to fund a Conservation Easement Service District.            

Speakers who favored the proposed 2˘ tax increase that would support the proposed Conservation Easement Service District were Alan Zuschlag, Don Locke and Rick Kohler (Jackson District), Fran Moore Krebser and Bill Walker (Wakefield District), Mitzi Young (Hampton District), Bill Dobrovir and Monira Rifaat (Piedmont District).  Their comments are summarized herein. Residential growth does not pay.  The proposed Service District and accompanying tax increase will help preserve open space and promote jobs and tourism; will result in increased revenues from the state for schools; may help provide housing; will not "bail out" the farmer but will help keep growth under control and is the price that is paid for a civilized society.  Rollback taxes, which are currently used to fund the Farmland Preservation program, are inadequate to support the purchase of development rights.  Further, if the locality does not dedicate specific funds for these programs, there will be no matching grants from the Commonwealth.  The unpredictable funding from rollback taxes has made the PDR program difficult to manage because of not knowing how much money will be available.    The proposed ordinance for a Conservation Easement Service District is consistent with the Comprehensive Plan which promotes rural, open spaces and an agricultural economy.  The purpose of this program is not a matter of helping the farmer, but to strengthen the agricultural economy of the county.  It is an investment in the future by the taxpayer.

Speakers who opposed both the proposed 2˘ tax increase and the Conservation Easement Service District it would fund  were Jean Lillard, Margaret Ralph, Pat Saltonstall, Roger Cordani and Carolyn Leake (Wakefield District), Aline Johnson and Ruth Kiger (Piedmont District), Ann Ellis, Doris Coughlin and Chris Parrish (Stonewall-Hawthorne Districts),   Alvin Henry and Jack Jenkins (Hampton District) and John Ferdetta (Jackson District). 

Their comments are summarized as follows:

The 2˘ tax increase will not stop development.  There are other programs already available to preserve farmland and open space.  In addition to the decades-old Use Value/Land Use taxation program currently in effect, the Board has recently established the Farmland Preservation Program to purchase development rights.  This program is funded by rollback taxes.  The Commonwealth has an outdoor preservation easement program that offers tax incentives to landowners.  Established conservation groups in the county already encourage farmers to sell their development rights. 

Small landowners, the poor and the elderly are being asked to support a program that benefits one segment of the county.  This tax should not be added because it hurts those already struggling.  The locality should not offer any incentive that prefers or benefits one landowner over another.   Many residents who have small parcels that are not eligible for Land Use taxation are paying taxes out of proportion to their net worth.   It is inappropriate to ask all taxpayers to subsidize a wealthy landowner.  The Supervisors should focus more on the middle class, the elderly and the poorer segment of the county. 

 The Supervisors should not be deceived by the old and often-used tactic about schools; it is wrong to say that this program will save the schools.  School enrollment has decreased in the last nine years.  This is a child-unfriendly proposal and a neglect of the workforce.   Affordable housing has been the first and foremost concern in the county for years.  It is wrong to offer this incentive before finding housing for the citizens.  If a farmer is unable to survive as a farmer, he should make a change.  The locality should not use taxpayer's dollars to provide "welfare" for farmers.  Taxes should not go to any entitlement program.

The Farmland Preservation Program, which was set up to supplement "real" farmers that do not meet the federal tax deduction, went overboard with the one application and spent $750,000 plus tax credits and cash deductions, resulting in a $1 million to $1.2 million purchase.  At some point, it becomes too much money.  Seed money is needed, but $100,000 is an adequate amount, not $300,000 that is proposed to be raised with the 2˘ tax increase.  The program needs to go back and be what it was intended to be.  The proposed tax and ordinance should be tabled for a year and the locality should explore other methods to support a PDR program, perhaps a Virginia Tax Free bond.  

All opponents to the proposed tax increase expressed opposition to taxes that support any special group.

Comments relating to other FY07 budget issues were made by the following persons:

Aline Johnson supported the benefit package for employees.

Chris Parrish expressed concern about farm-related tax issues that could result in the loss of the Land Use/Use Value tax program currently offered.

Jim Gannon commented on a 20% tax increase in one year.

John McCarthy, County Administrator, responded to Mr. Gannon's inquiries and explained that due to reassessment, the equalized rate for FY07 would be 50˘ per $100.  The proposed tax rate is 62˘ per $100.  The proposed 12˘ tax rate increase would be disseminated as follows:  4.5˘ will fund the FY07 School budget; 3˘ for the capital improvement program; 3˘ towards a combination of items including mandatory state retirement contributions, salary and benefit packages, one new deputy sheriff, LEOS retirement supplement for the sheriff, upgrades to storage, maintenance and improvements to county buildings and restoration of the surplus which was depleted over several years for capital projects for the schools  and 2˘ for the conservation easement district.Ş

At the conclusion of the comments, the Chairman closed the public hearing and advised all present that there would be a second public hearing on the FY07 budget and the proposed Conservation Easement Service District on Monday, June 26, 2006 at 7:00 o'clock p.m. at the Courthouse.

There being no further business, the meeting adjourned at 9:00 o'clock p.m.

 

 

 

 

                                                                        _________________________________________

                                                                                    Robert P. Anderson,  Chairman