AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 2nd DAY OF MAY, TWO THOUSAND AND ELEVEN AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA
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Present |
Present |
Absent |
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Roger A Welch, Chairman S. Bryant Lee, Vice Chairman Ronald L. Frazier I. Christopher Parrish Michael J. Biniek |
John McCarthy, Co. Adm. Peter H. Luke, Co. Attorney Margaret R. Ralph, Clerk |
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Chairman Welch called the meeting to order.
MINUTES: On motion of Mr. Parrish,
seconded by Mr. Lee, the Board unanimously approved the minutes of the April 4th
meeting as corrected.
REVISED AGENDA: There is one item under old business -
a resolution on the painting of the Thornton River Bridge and one appointment
to ratify - the appointment of Mr. Sharp as Board of Zoning Appeals
Representative to the Planning Commission.
On motion of Mr. Lee, seconded by Mr. Biniek, the Board
voted unanimously to approve the revised agenda.
ABOUT OUR SCHOOLS: School
Board Member, Aline Johnson, spoke on behalf of Dr. Boone, who is attending a
meeting. She
reported that the Board has selected Paul Brown as the new school board member
from the Stonewall-Hawthorne district until the November special election. The next School Board Meeting
will be on Thursday, May 5th instead of Tuesday night, May 3rd
to accommodate the absence of two of the members who will be out of town.
Adoption of the School Budget: Mr. McCarthy presented the 2012
proposed School Board Budget totaling $ 11,697,732.00 represents a .91%
increase from last year's budget.
However, the County funds of $ 8,509,098.00 have held steady and
constant from the current year's budget.
For the record, the Public Hearing was held last Monday, April 25, at
the Rappahannock County High School. The advertisements and requirements of the
Code were published 2 weeks prior to that, so it is proper for action at today's
meeting.
Mr. Welch called for comments from the Board.
Mr. Frazier asked a question about the HVAC position and the
County taking up 100% cost of that position. Mr. McCarthy pointed out that this would only be for this
fiscal year only in order to assess the new energy savings that will occur with
the planned renovations at the schools.
Mr. Lee thanked the School Board and the staff that worked
to keep the budget down and at level spending.
Mr. Biniek thanked the School Board and the Superintendent
for doing a find job with this budget.
Mr. Parrish commented that the Public Hearing last Monday
was a surprisingly pleasant endeavor and thanked everyone for working together.
On motion of Mr. Parrish, seconded by Mr. Lee, the Board
voted unanimously to approve the School Budget as presented. The roll-call vote was recorded as
follows:
Mr.
Frazier Aye
Mr.
Lee Aye
Mr.
Biniek Aye
Mr.
Parrish Aye
Mr.
Welch Aye
Mr. Biniek applauded the efforts of the students on the "You're
a Good Man Charlie Brown" presentation.
Mr. Welch commented that this Public Hearing was the smallest
attended public hearing he had ever attended, hopefully showing a vote of
confidence in both Boards.
VDOT REPORT:
Mr. Barron and Mr. Cubbage presented this month's report. Mr. Barron commented on the
completion of the Rt. 622 Bridge over the Rush River and the Public Hearing on
the draft of the 6-year Improvement Program for the interstates that will be
held on May 18th in Richmond.
He also reported on the progress of the Rt. 640, Battle Mountain Road
project, the Rt. 522, Sperryville Bridge replacement, and the traffic
engineering study in Sperryville.
Mr. Cubbage reported on the Rt. 624 Bridge at
Sunnyside. There is no start date
yet. There will be a one-day
complete shut down and VDOT will work with the landowners to minimize the
impact of this shutdown. After
that there will be only periodic shutdowns.
Mr. Lee asked that sufficient notice be given to the
residents along this road concerning all shutdowns. Mr. Cubbage said that all dates would be publicized.
Mr. Luke asked about the Bridge at Sperryville: will the bridge be at the same location
and will any shutdowns be advertised.
Mr. Cubbage said that it would be predominantly in the same location that
it is now.
Mr. Lee commented on horse traffic on Hunter's Road and the
need for a "Horse Crossing" traffic sign installation.
Mr. Biniek reported that the culvert on the VDOT R/W at
Snead Lane is not functioning properly.
Mr. Cubbage will look into it.
Mr. Cubbage reported that mowing will begin in the coming
weeks. Rt. 211 will be a "full
mowing" route. Secondary
roads are done annually.
Mr. Welch spoke about flooding problems on Hittle's Mill
Road. Mr. Cubbage will check
as to when permanent repairs might be done. Mr. Welch continued:
previous work done in the Town of Washington has caused some flooding in
the Shops along Main Street. Mr.
Cubbage will look into this also.
Mr. Parrish asked about how the recent flooding conditions
and repairs would be handled.
Mr. Cubbage reported that experience helps in knowing where the trouble
spots are located. VDOT relies on resident's reporting of poor conditions, as
well as patrolling of the suspect areas.
VDOT does try to prioritize repairs.
Mr. Lee had questions about Mt. Marshall Road and the
milling process.
PUBLIC COMMENT: Mr. Welch opened the
public comment session.
Kathryn Wayland, Piedmont District, commented about the
River overflowing at Snead Lane and the need for repair.
Phil Irwin, Flint Hill, suggested that VDOT ditching is too
close to stone walls and that these ditches need to be at a constant distance
from the pavement.
Art Candenquist announced that the quarterly meeting of the
Public Safety Committee would be held on May 16, at 7PM. He reminded everyone that the
Sesquicentennial Committee would be sponsoring a poetry reading on Saturday,
May 7, at 7:30. There will be no
charge, but donations will be accepted.
Don Loock, Jackson District, PEC spoke on the status of the
widening of Rt. 211 at Clevenger's Corner. This is a disturbing trend and has opposition, but it keeps
popping up. He spoke also about
the uranium-mining moratorium. Mr.
McCarthy asked about the legislative study on this subject. Mr. Loock said that this study is on
going.
Mr. Welch thanked VDOT for their efforts and for working on
many projects with little funding.
There being no other speakers, the Public Session was closed.
OLD BUSINESS:
Redistricting: This topic will be the subject of tonight's public hearing. However, Mr. McCarthy wanted to give a brief update on the bailout. He gave some background information on this endeavor that will allow Rappahannock to make changes without going through a pre-clearance process. He thanked Nancy Newlin, our registrar, for all her help in answering the many questions that were asked by the Department of Justice. He believes that we are getting down to the final stages of our getting our pre-clearance. If the redistricting proposal is passed tonight, additional steps will have to be taken, so time is of the essence.
Mr. Luke reported that the School Board had received several calls from the Justice Department concerning the data we provided to them. We will have to assume that the bailout will not be approved before the election in November. He has a package ready to be sent to the Justice Department if the bailout is approved before we expect it to be. The Justice Department has 60 days to give us a response, but he is going to request an expedited process that could mean we would have an answer in 30 days. In any event, we need to have everything in place 60 days before the November election.
Ms Newlin commented time constraints will be tight, but her office has everything ready.
We have received two bids for the Boiler replacement: one for $159,000.00 from Valley Boiler and the other for $99, 933.00 from Miller & Anderson. Both of these companies have worked with Mr. Maben and SRP on other projects. The one thing we are waiting for is the acknowledgement from the lower bid on the addendum on asbestos abatement. However he feels that this is just an oversight and asks that the Board award the contract to the lower bidder, Miller & Anderson. If they do not accept the award because of the addendum, which he doesn't think will happen, the back-up plan will be to reject bids and to have the abatement done by an outside contractor. Mr. Maben is confident we can do it without any additional cost.
On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted unanimously to award the Contract to Miller & Anderson, subject to their acknowledgment of the Addendum.
Mr. Lee commented that Miller & Anderson has worked for Rappahannock County before. He added that the Clerk of the Works, Mr. Maben, has proven to be beneficial already.
High School Windows: As reported last month, we were getting increasingly concerned about the time line in getting these windows installed this summer and before the opening of school in the fall. The point is now moot, because of the time needed by the manufacturer to supply the windows. SRP has been working on a plan to remedy this. The funding for the windows will be done, but the installation will be deferred until next summer.
Reimbursement Resolution: As the Board members may recall, the last two bonds that were done for school projects, usually involve us spending money before the bond or debt proceeds are available. Virginia law does require that you adopt a resolution that basically says that if you spend some money before the funds are at hand, you can pay yourselves back when the funds are available. Our outside bond counsel, Carolyn Perry, has recommended that you list all of the school projects that you approved on the resolution. There were some additional comments by Mr. Luke.
Mr. Frazier asked about the School Board's obligation to repay the Board for what they are spending. There appears only to be a verbal agreement, with nothing in writing. He would like to see a written commitment. A brief discussion followed. Mr. Lee asked Mrs. Johnson, school board member, if there would be any problem in having a written agreement between the School Board and the Board of Supervisors. She believed that there would be no problem whatsoever.
On motion of Mr. Parrish, seconded by Mr. Biniek, the Board voted to approve the resolution. The roll call vote was recorded as follows:
Mr. Frazier Aye
Mr. Lee Aye
Mr. Biniek Aye
Mr. Parrish Aye
Mr. Welch Aye
Revised Resolution, Atkins Easement Purchase: Mr. McCarthy explained the reasons for the revised Easement
Resolution. It was simply a change
in language. Nothing else will be
affected.
Mr. Luke offered some additional explanation.
On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted to approve the revised resolution. The roll call vote was recorded as follows:
Mr. Frazier Aye
Mr. Lee Aye
Mr. Biniek Aye
Mr. Parrish Aye
Mr. Welch Aye
Thornton River Bridge Resolution: Mr. McCarthy reported that this new bridge couldn't be constructed of galvanized steel if we want it painted green. The new material would probably be some type of alloy that can be painted. Painting may have to be done every eight to ten years and the funds would come from the County's VDOT maintenance allocation.
Mr. Parrish asked about the long-term issue of painting the bridge every few years.
Mr. Biniek commented that the residents in Sperryville specifically wanted the bridge to be a truss bridge, painted green.
A discussion followed concerning the type of bridge, it's color, growth around the location and, as a result, it was decided to not paint the bridge but to let the galvanized steel weather naturally.
NEW BUSINESS:
Changes to Local Agricultural and Forestal Districts Act: Two of the Ag Districts are coming up for review this coming month. Since their approvals, the General Assembly has adopted some amendments to the Code that will take effect in July. These changes were necessary to have the Act in line with modern practices. The main thing the General Assembly has done is to allow the Planning Commission to act alone and not in conjunction with the Board of Supervisors and the Agricultural Advisory Committee in designating and renewing all Ag districts. One of the things that this change provides for is that the Board may decide to just let the Planning Commission act as long as at least 4 members of the entire commission are involved in agriculture. This threshold test will not be hard to meet. The Board can think about this since the changes won't take effect until July. Secondarily, if there were a decision to let the Planning Commission act alone, the Board would be obliged to appoint a Program Administrator. Other amendments have to do with notices, advertisements, etc. This topic will be on next month's agenda.
There was a brief discussion.
Cable TV Franchise: Mr. McCarthy gave a brief explanation of the Franchise Requirements. Basically, the Code requires that Companies must have a local franchise. We actually make a little revenue as a result of this franchise. The Federal Law that created the franchise agreement has been amended over the years. One of the changes allows the Cable Company to request to get out of this agreement. Rappahannock has one franchise agreement with Comcast. Comcast wants to get out of this agreement. If Rappahannock chooses to act alone in fighting this, it may prove to be very costly. However, it we band with the other counties and towns that will be affected, it may be worth some small expenditure.
Mr. Luke gave some further explanation. Our agreement was a 20-year franchise that will terminate later this year. There has been some written communication from Comcast concerning negotiation for a new agreement. However, both he and Mr. McCarthy have tried to contact Comcast, but with no success.
Now, Comcast is petitioning the FCC to dispense with rate regulation in Rappahannock County. He believes that Comcast's request to the FCC to get out of rate regulation is not an issue for Rappahannock because under our franchise they were never subject to rate regulation. Mr. Luke's main concern is the franchise fee and he recommends that Rappahannock join with some of the other counties and towns to determine the status of the franchise fee and if it is at risk.
It was the Board's consensus that Mr. McCarthy inquire of other jurisdictions to see what our options may be.
Court House fees: The Court House Construction Fee is a $3.00 fee that can be charged when filing a civil action in the Circuit Court. It requires a Board Resolution and an evaluation by the Department of General Services. After a brief discussion, the Board decided not to pursue this additional fee.
APPOINTMENTS:
Mr. Jackie Estes has agreed to serve as a member of the Building Code Board of Appeals as a replacement for Mr. Stanton. On motion of Mr. Lee seconded by Mr. Parrish, the Board unanimously approves the appointment of Mr. Estes.
On motion of Mr. Parrish, seconded by Mr. Frazier, the Board voted unanimously to reappoint Mr. Gary Light to the Planning Commission.
On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted to unanimously to ratify the BZA Appointment of Mr. Alexander Sharp as representative to the Planning Commission.
CORRESPONDENCE: None
INFORMATION: April Building Permit Report
Tourism Report
ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Biniek, the accounts were approved as presented.
EXECUTIVE SESSION: On motion of Mr. Parrish, seconded by Mr. Biniek, the Board voted unanimously to retire into executive session pursuant to Virginia Code Section 2.2-3711A. (1) 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 Section 2.2-2711A.7. The subject matter of the closed meeting will be: the HVAC position, Storm water Ordinance Enforcement and County Administrator's Contract. Record of the vote is as follows:
Mr. Welch Aye Nays None
Mr. Frazier Aye
Mr. Lee Aye
Mr. Biniek Aye
Mr. Parrish Aye
Open Session: On motion of Mr. Parrish, seconded by Mr. Biniek, the Board voted unanimously to reconvene into open session. The following roll-call vote was taken:
Mr. Welch Aye Nays None
Mr. Frazier Aye
Mr. Lee Aye
Mr. Biniek Aye
Mr. Parrish Aye
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:
Mr. Welch Aye Nays None
Mr. Frazier Aye
Mr. Lee Aye
Mr. Biniek Aye
Mr. Parrish Aye
Mr. Welch continued the meeting until the Public Hearing to be held at 7PM this evening.
Six-Year Road Plan: Karen Kilby, Greg Banks and Marshall Barron appeared on behalf of VDOT.
Ms. Kilby made these comments: There is very little funding for new road projects but actually Rappahannock will be receiving $1,434,260 over the next 6 years. A lot of that is Federal Bridge Funds. VDOT is working on Telecommunication fees. These fees are based on land and population in the County. This is about $26,556/year.
Mr. Welch asked about the cost of the Sperryville Bridge. The cost will be about 2.4 million ($400,000 for preliminary work, r/w $300,000 and the rest for the structure itself).
Ms. Kilby commented on the projects that are slated for work:
Route 640 - Battle Mountain Road is fully funded and is priority .01
Route 729 - Richmond Road is fully funded and is priority 1
Route 637 - Jericho Road is fully funded and is priority 2
Route 622 - Rock Mills Road is partially funded and is priority 3
Route 637 - North Poes Road has very little funding and is priority 4
Mr. Welch opened the public hearing.
Daniel Norman, Stonewall-Hawthorne District, spoke on conditions of Route 626 and presented a petition, signed by over 50 residents, to the Board. He spoke on behalf of those who signed the petition. Route 626 needs attention. It is very dangerous and needs widening.
Monira Rifaat, Piedmont District, asked about the name of the Road that was mentioned by Mr. Norman and what was the request of the petitioners. Mr. McCarthy said it was Wharton Hollow Road and the request was for paving and widening.
Mrs. Norman commented about the width of route 626 and asked VDOT Representatives about guardrails and the space necessary for these rails. Ms. Kilby told Mrs. Norman that the cost of widening would be $800,000 to 1,000,000 per mile. And unless some new transportation package is approved, this won't happen. Mrs. Norman asked what could be done if the owners along the road gave VDOT the right-of-way. Because of funding, nothing cold be done.
There were comments by Mr. Frazier, Mr. Lee, Mr. Parrish and Mr. McCarthy concerning the conditions on this road: it is curvy, steep and drops off on one side. It is extremely dangerous. Changing conditions on Route 626 would be a very big engineering project and funds are not available.
There being no further public comments the Public Hearing was closed.
On motion of Mr. Parrish, seconded by Mr. Biniek, the Board voted unanimously to adopt the 2011-2012 thru 2016-2017 Rappahannock County Secondary Six-Year Plan and to approve the construction program. For FY 2011-2012.
2011 Redistricting Plan: Mr. McCarthy presented a brief explanation of the plan stating that it is an amendment to Chapter 15, "Voting Districts" of the Rappahannock County Code. As Mr. Luke has previously said, we are on a very tight time schedule. The plan before you was derived from 2 draft proposals drawn entirely by the Rappahannock Rapidan Regional Commission that was considered by this Board at an Aril meeting.
Mr. Luke said that Federal Law governs these amendments. He gave a brief explanation of the time line constraints and the effects on the upcoming election process.
This ordinance is basically the same ordinance we've had for the past 10 years, with the exception of the boundary line realignments necessitated by the 2010 US census. No changes in polling places, no changes in voting practices, no changes in precincts.
Mr. Welch opened the Public Hearing.
Monira Rifaat, Piedmont District, has a question about chart on page 1 of the Notice of Public Hearing. Mr. McCarthy explained the chart and the percentage of deviation and target population that is governed by the 2010 US Census. Ms. Rifaat asked who sets the 10% deviation. The short answer is that it is determined by a series of Court decisions. The norm is 10% deviation.
Mr. Biniek commented that the Board met and analyzed both drafts and came up with the plan that is now being presented to the public.
There being no further comment, the public hearing was closed.
On motion of Mr. Parrish, seconded by Mr. Biniek the Board voted to approve the redistricting proposal. The roll-call vote was recorded as follows:
Mr. Frazier Aye
Mr. Lee Aye
Mr. Biniek Aye
Mr. Parrish Aye
Mr. Welch Nay
On motion of Mr. Frazier, seconded by Mr. Lee, voted unanimously to adjourn the meeting.
_____________________________
Chairman