AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 6th DAY OF SEPTEMBER, 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.

 

MINUTES:    On motion of Mr. Welch, seconded by Mr. Lee, the minutes of the August 7, 2006 meeting were approved as printed. The vote was recorded as follows:  AYE:   Frazier, Lee, Anderson, Welch, Taylor.  NAY:  None. 

 

AGENDA:     On the motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to adopt the amended Final Agenda.  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 report: 

            1)         SOL Results:  The 6th and 7th grade scores are below the required results.  Because these scores are exceedingly low state-wide, the state superintendent's task force is evaluating the results to ascertain is the scores are reliable.  At the Board's request, Dr. Chappell will provide the SOL numbers from the surrounding counties for comparison purposes.

            2)         A.D.M.:  The year began with 988 students; as of September 6, there were 999 students enrolled.  Last year's enrollment ended with 1017 students.  The state has budgeted for 999 students.

            3)         Sports:  The first football game will be held on the newly refurbished field thanks to the Board of Supervisors and County Administrator John McCarthy.    The track is in its final stages. 

           

VDOT REPORT:  David Cubbage, Residency Administrator, reported as follows:

            Rt 621 Bridge:  The contract for this bridge between Five Forks and Woodville will be awarded today and calls for a 60-day road closure.  Construction is expected to take place between February and May 2007.

 

PUBLIC COMMENT: 

POW/MIA Flag:  Cliff Luen, appeared on behalf of Rolling Thunder and Viet Nam veterans.  Mr. Luen requested the Board to fly the POW/MIA flag in honor of men and women who have served their country. No funds are involved; his organization will provide the flag free of charge and will replace it as needed.

Budget Consultant:  Jim Gannon inquired as to the status of John Kiser's recommendation that the County retain John Anderson, a budget consultant, to analyze the county budget and recommend ways to conduct the business of government more efficiently.

Mr. McCarthy and Mr. Lee reported that they have both met with Mr. Anderson and school officials and are waiting to hear back from both.  Mr. Anderson has been traveling and has not reported to either the schools or the county. 

 

 

OLD BUSINESS: 

RCHS Track Project:  This project is very near completion. The track lines may be painted by September 16, prior to the first football game.

Emergency Communications:  The Fire and Rescue Association and Sheriff's Office have tested the 800 mgz system around the county and have a high degree of confidence in the system.  Culpeper County has been approached about putting a transmitter on the Holly Hill tower (at the landfill site near Salem).  If an agreement can be reached, costs would be limited to the cost of the antenna and rental costs to Culpeper County.  A further update will be provided at the November 2006 meeting.

Shenandoah National Park, Panorama:  The SNP sought funding to renovate and rebuild Panorama but the funding received was grossly inadequate.  The superintendentent has elected to position SNP for future development of the site.  The building will be demolished and the site readied for the future.  Water and sewer will be installed.  A SNP Foundation to build a CCC museum has been created.  Principal fund raising will begin in 2007.

NEW BUSINESS:

            Local Tax Collection:  Mr. Luke explained the process and procedure he follows to collect delinquent taxes.  In summary, he informed the Board that real estate taxes account for 83% of all county revenue and personal property taxes (stickers for licensed motor vehicles) account for 13% of county revenue.  Collection of personal property taxes may be increased by utilizing one of several options provided by DMV that prohibit acquiring a tag if the personal property tax has not been paid.  Mr. Luke also addressed meals and lodging taxes and zoning ordinance enforcement measures regarding building permits.  Further he described the efforts he has made collecting all delinquent taxes that have been forwarded to him.  For a full explanation regarding all local taxes, see Exhibit A attached hereto and made a part of these minutes.

            By general consensus, the Board agreed to ask the Treasurer to investigate the options for tax collection available through DMV.

            Household Hazardous Waste Clean-up Day:  October 20, 2006 at the Rappahannock Co-op.

            Sludge Application:  Mr. Luke advised the Board that the county has been contacted by a sludge hauler that two applications have been received for the land application of sludge.  The county's current ordinance prohibits the land application of sludge but legal developments that have occurred since that ordinance was adopted now permit the application of sludge if a hauler has a state permit.  If the county were to attempt to enforce its ordinance regarding sludge application at this time, there is a very high probability of litigation.  Several years ago the Board considered amendments to its regulations; however, due to constant changes to the state regulations, the county did not adopt an amended ordinance.  Other counties have abandoned their ordinances or amended them to match the state's changes. 

            Pursuant to the state regulations, upon the application of a hauler, the state will conduct a public hearing prior to considering the issuance of a permit to the hauler.  The state permitting process is involved and detailed.  Topographic maps, geological data and other information are required; maps that show in detail where the application will occur are required; enforcement is by complaint.

            The county can either stay with its current ordinance, consider a permutation of the ordinance that was considered three or four years ago or revoke the ban and not impose any new requirements. 

            At the recommendation of Mr. Luke, who reminded the Board that the county was previously sued regarding the land application of sludge,  the Board agreed to discuss the sludge issue in executive session due to the potential of litigation.

            POW/MIA Flag:  Mr. Luke suggested that the Board continue this  matter to permit him time to reseach the legal requirements.  He cautioned the Board that this is a First Amendment issue; that when the county allows the display of a symbol by one organization, it may be setting a precedent.  By general consensus, the Board continued this matter to allow Mr. Luke an opportunity to research and report back.

            4-H Cooperative Extension Position:  The state has offered "half-funding" for a full-time position.  Currently the 4-H Coordinator, who is working half time and is funded entirely by the county, does not want full-time employment.  The 4-H program is operating quite successfully.  The state's offer for shared funding would not save the county any of its costs. 

            On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to continue this matter until the October meeting to allow 4-H members an opportunity to advise their supervisors if they would like to see this position as a full-time position or if they are satisfied with the arrangements as they stand on this date. The vote was recorded as follows: AYE:   Frazier, Lee, Anderson, Welch, Taylor.  NAY:  None. 

 

APPOINTMENTS:  None.

 

CORRESPONDENCE:  (Letters with papers of meeting.)

            1)         Sliderz 16U Fastpitch:  No action taken.  There is only one participant from Rappahannock County.

            2)         Journey Through Hallowed Ground:  Thank you for the resolution adopted by Board on August 7. 

           

INFORMATION:  (See papers of meeting.)

            Building Office Report:  Total construction from July 21, 2006 to August 21, 2006 was $1,052,174.00.  Year to date totals:  (See papers of meeting for more detail.)                 

Year to date totals:

               2005

               2006

New Home Construction

                 40

                   40

Commercial Buildings

                 11

                     4

 

            Culpeper Soil & Water Conservation District: The "Blueprint for Regional Soil and Water Conservation" is a document that has been under preparation for over a year and which articulates in one place what the Conservation District believes are the most effective measures a community or county can take to achieve a high degree of protection of its soil and water. (See complete document filed with papers of meeting.)

            Orange County Resolution, Senate Bill 374:  No action was taken. The county's ordinance allows clustering at the level referred to in the resolution.  (Proposed resolution filed with papers of meeting.)

 

EVENING SESSION:  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to continue the DWI Restitutuion Ordinance scheduled for 7:00 P.M. on this date until the October 2, 2006 meeting.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

 

 

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

 

3:45 P.M.  EXECUTIVE SESSION:  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to retire into executive session pursuant to Virginia Code ¤2.2-3711A. to consult with legal counsel employed or retained by the Board of Supervisors regarding specific legal matters requiring the provision of legal advice by such counsel under Virginia Code ¤2.2-3711A.7.  The subject matter of the closed meeting was potential sludge litigation and legislation concerning flag displays.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Taylor.  NAY:  None.  (Resolution with papers of meeting.)

            4:25 P.M.  On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously to reconvene in open session.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Welch, Taylor.  NAY:  None.  ABSENT:  Lee. (Mr. Lee departed from the meeting at 4:15 pm.)

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

 

SLUDGE APPLICATION:  The Board made the following statement upon reconvening into open session.

 

The Rappahannock County Board of Supervisors has, since October of 1994, banned the land application of sewage sludge.  It has defended this position in State and Federal Courts and has prevailed.  

Nevertheless, as the result of changes in State law  and due to decisions by the Virginia Supreme Court in other cases,  an outright ban on the land application of sewage sludge is  of dubious legality.  In addition, limitations imposed on local government's ability to regulate the land application of sewage sludge would seem to make a robust and effective permit regime somewhat impractical.

The Rappahannock County Board of Supervisors proposes to advertise for public hearing on Monday, October 2, 2006, at 7:00 PM the Courthouse in Washington, Virginia, the removal of bans on the land application of sewage sludge currently contained in the Zoning and Health Chapters of the County Code.

It proposes to hold in abeyance a redraft and adoption of an ordinance creating a local sludge permitting process, to allow two expected sludge site permitting applications to proceed through the State Department of Health permitting process.  This in an effort to meet the producers, regulators and applicators halfway. 

The County will look at these applications as "test cases", both in terms of the Department of Health's oversight and management, and the applicator's strict compliance with permit limits and standards.

Should the performance of either fail to adequately protect the public health, safety and welfare, to the Board of Supervisors' satisfaction, they will proceed to consider a local ordinance redraft and review process.

            The Board invites the public to attend the hearing on October 2, both to express its support for or opposition to this proposed policy of the County.

The Board unanimously opposes the land application of sewage sludge in Rappahannock County and believes that the right to permit and regulate the practice is an essential tool of local government.  It decries the sequence of events that have combined to deprive them of this right to protect its citizens but pledges its watchfulness as the process goes forward.

 

There being no further business and the 7:00 P.M. session having heretofore been continued, the meeting adjourned at 4:30 o'clock p.m.

 

 

 

                                                                        _________________________________________

                                                                                    Robert P. Anderson,  Chairman