resolution no - Rockingham County

resolution no - Rockingham County

January 13, 2010 (1) January 13, 2010 The Organizational Meeting of the Rockingham County Board of Supervisors was held on Wednesday, January 13, 20...

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January 13, 2010 (1)

January 13, 2010

The Organizational Meeting of the Rockingham County Board of Supervisors was held on Wednesday, January 13, 2010, at 3:00 p.m. at the Rockingham County Administration Center, Harrisonburg, Virginia. The following members were present: PABLO CUEVAS, Election District #1 FREDERICK E. EBERLY, Election District #2 DEE E. FLOYD, Election District #3 WILLIAM B. KYGER, JR., Election District #4 MICHAEL A. BREEDEN, Election District #5

Also present: JOSEPH S. PAXTON, County Administrator THOMAS H. MILLER, JR., County Attorney STEPHEN G. KING, Deputy County Administrator JAMES L. ALLMENDINGER, Director of Finance WENDELL J. EBERLY, Director of Recreation & Facilities WARREN G. HEIDT, Director of Public Works FRANKLIN P. O’BYRNE, Director of Information Systems STEPHEN N. RIDDLEBARGER, Director of Human Resources ROBERT A. SYMONS, Fire & Rescue Chief DIANA C. STULTZ, Zoning Administrator TAMELA S. GRAY, Deputy Clerk DONALD F. KOMARA, Residency Administrator Virginia Department of Transportation oooooOooooo CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE. Administrator Paxton called the meeting to order at 3:05 p.m. Supervisor Eberly gave the Invocation and County Attorney Miller led the Pledge of Allegiance.

January 13, 2010 (2)

oooooOooooo APPROVAL OF MINUTES. On motion by Supervisor Floyd, seconded by Supervisor Eberly and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the minutes of the regular meeting of December 16, 2009. oooooOooooo 2010 REORGANIZATION OF THE BOARD. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN. On motion by Supervisor Breeden, seconded by Supervisor Kyger and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER – AYE; the Board elected Pablo Cuevas as Chairman for 2010. Administrator Paxton turned the meeting over to Chairman Cuevas. On motion by Supervisor Kyger, seconded by Supervisor Eberly and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS – AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board elected Michael A. Breeden as Vice-Chairman for 2010. ---PRESENTATION TO 2009 CHAIRMAN. Chairman Cuevas presented a plaque to 2009 Chairman Eberly in recognition of his service and thanked him for his integrity, honesty and commitment during the year. ---SETTING OF TIME AND PLACE FOR 2010 MEETINGS. On motion by Supervisor Floyd, seconded by Supervisor Eberly and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN – AYE; CUEVAS – AYE; EBERLY – AYE; FLOYD – AYE; KYGER – AYE; the Board set the 2010 meeting schedule as follows: beginning with the meeting to be held on February 10, 2010, and each second Wednesday thereafter, the first meeting of the month shall commence at 3:00 p.m. and beginning January 27, 2010, and each fourth Wednesday of each month

January 13, 2010 (3)

thereafter, the second meeting of the month shall commence at 6:00 p.m., with the following exceptions: the first meeting in April, on April 14, 2010, which will include a public hearing on the proposed budget for FY 2010-11, will be held at Turner Ashby High School and will begin at 2:00 p.m. In addition, there will be only one meeting held in November on November 17 at 3:00 p.m. and one meeting in December on December 15 at 3:00 p.m. With regard to meetings delayed due to inclement weather, as established by the Board in 1995 – if a meeting cannot be held due to inclement weather or for any reason as determined by the Chairman, or the Vice Chairman if the Chairman is not available, the meeting will be held at the scheduled time on the following Wednesday.  ---REVIEW OF COMMITTEE APPOINTMENTS. On motion by Supervisor Kyger, seconded by Supervisor Floyd and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN – AYE; CUEVAS – AYE; EBERLY – AYE; FLOYD – AYE; KYGER – AYE; the Board concurred with the following 2010 Chairman's Committee appointments. BOARD OF SUPERVISORS 2010 Chairman's Committee Appointments BOARD COMMITTEES: BUILDINGS AND GROUNDS Frederick Eberly Dee Floyd

FINANCE Michael Breeden Pablo Cuevas

PUBLIC WORKS Pablo Cuevas Michael Breeden

PERSONNEL-RELATED (Ad Hoc) Chairman Vice-Chairman

AUTOMOBILE William Kyger Dee Floyd LIAISON COMMITTEES: CITY-COUNTY LIAISON Pablo Cuevas Michael Breeden

AUGUSTA/ROCKINGHAM LIAISON COMMITTEE William Kyger Dee Floyd

SCHOOL BOARD LIAISON Pablo Cuevas Frederick Eberly

TOWNS/COUNTY LIAISON* William Kyger Pablo Cuevas * - varies with Town activity

January 13, 2010 (4)

January 13, 2010 (5)

OTHER COMMITTEES: CENTRAL SHENANDOAH PLANNING INFORMATION TECHNOLOGY DISTRICT COMMISSION ADVISORY William Kyger Frederick Eberly Dee Floyd AIRPORT William G. O'Brien

VACO BOARD William Kyger Pablo Cuevas

SOCIAL SERVICES ADVISORY BOARD Michael Breeden

REGIONAL JAIL COMMITTEE Frederick Eberly Dee Floyd

CHAMBER OF COMMERCE Pablo Cuevas

MASSANUTTEN REGIONAL LIBRARY Frederick Eberly

COMMUNITY CRIMINAL JUSTICE BOARD Pablo Cuevas County Administrator

RELATED LANDS (Federal) Michael Breeden Rhonda Henderson

Chairman Cuevas explained that he and Supervisor Kyger currently serve on the Towns/County Liaison Committee, but the committee members will change depending upon the Towns that are involved in the matter. The Supervisor from the Town’s District will replace one of them on the Committee. ooooOooooo TRANSPORTATION DEPARTMENT. On behalf of the Board, Chairman Cuevas expressed appreciation to Mr. Komara and his staff for doing a good job with snow removal during the blizzard in December. The Board heard Mr. Komara’s report on the activities of the Transportation Department which included the Port Republic Road (Route 253) project, the Bergton Road (Route 820) project, the I-81 guardrail project, the Stone Spring Road (Route 726) bridge in the City, and routine maintenance. Mr. Komara reported a school bus hit a utility pole on Indian Trail Road (Route 717/620) while passing a vehicle coming from the other direction. VDOT will determine if the utility pole can be moved, as the pole was previously hit. ----Mr. Komara presented resolutions to add subdivision streets to the secondary road network.

January 13, 2010 (6)

On motion by Supervisor Floyd, seconded by Supervisor Breeden and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following resolution adding streets in Madison Village to the secondary road system: RESOLUTION WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Rockingham County, and; WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets described below meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and; NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the following streets, a total distance of 0.65 miles to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements: Name of Subdivision: Madison Village Name of Street: Jessica Place Route 1215 Guaranteed right-of-way width: 54 feet Guaranteed right-of-way width: 54 feet Guaranteed right-of-way width: 54 feet Plat Recorded, Date: 3/16/07

Total Length: 0.11 From: Route 33 From: Route 1216 From Route 1217 Deed Book: 3059

To: Route 1216 Length: 0.05 mile To: Route 1217 Length 0.05 mile To: Route 1218 Length: 0.01 mile Page: 421

Name of Subdivision: Madison Village Name of Street: Sabrina Court Route 1216 Guaranteed right-of-way width: 50 feet Plat Recorded, Date: 3/16/07

Total Length: 0.02 From Route 1215 Deed Book: 3059

To: Dead End Page 421

Name of Subdivision: Madison Village Name of Street: Kaleb Court Route 1217 Guaranteed right-of-way width: 54 feet Guaranteed right-of-way width: 54 feet Plat Recorded, Date 10/20/06

Total Length: 0.13 mile From: Route 1215 To: Route 1218 Length: 0.09 mile From: Route 1218 To: Dead End Length: 0.04 mile Deed Book: 2965 Page: 720

Name of Subdivision: Madison Village Name of Street: Rachel Drive Route 1218 Guaranteed right-of-way width: 54 feet Guaranteed right-of-way width: 54 feet Guaranteed right-of-way width: 54 feet Plat Recorded, Date: 10/20/06

Total Length: 0.28 mile From: Route 1215 To: Route 1219 Length: 0.06 mile From: Route 1215 To: Route 1217 Length: 0.12 mile From: Route 1217 To: Dead End Length 0.07 mile Deed Book: 2965 Page: 720

Name of Subdivision: Madison Village Name of Street: David Circle Route 1219 Guaranteed right-of-way width: 50 feet Plat Recorded, Date 3/16/07

Total Length: 0.11 mile From: Route 1218 To: Dead End Length: 0.11 mile Deed Book: 3059 Page: 421

Length 0.02 mile

January 13, 2010 (7)

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and; BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ----On motion by Supervisor Floyd, seconded by Supervisor Breeden and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following resolution adding streets in Magnolia Ridge to the secondary road system:

RESOLUTION WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Rockingham County, and; WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets described below meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and; NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the following streets, a total distance of 0.95 miles to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements: Name of Subdivision: Magnolia Ridge Name of Street: Magnolia Ridge Road Route 1110 Guaranteed right-of-way width: 62 feet Guaranteed right-of-way width: 50 feet Guaranteed right-of-way width: 50 feet Plat Recorded, Date: 09/19/2005

Total Length: 0.42 mile From: Route 689 To: Route 1111 Length: 0.09 mile From: Route 1111 To: Route 1111 Length 0.29 mile From: Route 1111 To: ESM Length 0.04 mile Deed Book: 2738 Page: 084

Name of Subdivision: Magnolia Ridge Name of Street: Marigold Circle Route 1111 Guaranteed right-of-way width: 50 feet Guaranteed right-of-way width: 50 feet Guaranteed right-of-way width: 50 feet Plat Recorded, Date: 09/19/2005

Total Length: 0.53 mile From: Route 1110 To: Route 1112 Length: 0.23 mile From: Route 1112 To: Route 1113 Length: 0.15 mile From: Route 1113 To: Route 1110 Length: 0.15 mile Deed Book: 2378 Page: 084

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and;

January 13, 2010 (8)

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ----On motion by Supervisor Eberly, seconded by Supervisor Breeden and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following resolution adding streets in Meadowbrook Subdivision to the secondary road system: RESOLUTION WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Rockingham County, and; WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets described below meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and; NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the following streets, a total distance of 0.38 miles to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements: Name of Subdivision: Meadowbrook Name of Street: Suffolk Drive Route 1340 Guaranteed right-of-way width: 70 feet Guaranteed right-of-way width: 70feet Plat Recorded, Date: 10/13/05

Total Length: 0.14 From: Route 11 From: Route 1341 Deed Book: 2753

To: Route 1341 Length: 0.08 mile To: Route 1343 Length 0.06 mile Page: 194

Name of Subdivision: Meadowbrook Name of Street: Buck Run Court Route 1341 Guaranteed right-of-way width: 50 feet Plat Recorded, Date: 10/13/05

Total Length: 0.02 From Route 1340 Deed Book: 2753

To: ESM/Cul-de-Sac Page 194

Name of Subdivision: Meadowbrook Name of Street: Wiltshire Street Guaranteed right-of-way width: 50feet Plat Recorded, Date : 10/17/06

Total Length: 0.23 mile From: Route 1340 To: Route 1347 Length: 0.23 mile Deed Book: 2962 Page: 472

Length 0.01 mile

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and; BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

January 13, 2010 (9)

----Mr. Komara reported that VDOT has been surveying the intersection of Spaders Church Road (Route 689) and Port Republic Road (Route 253) to determine if it can be designated a No Thru Truck route instead of Pleasant Valley Road (Route 679). Supervisor Breeden asked Mr. Komara to set up a meeting with residents on Hensley Hollow Road, which may be considered for a rural rustic road project. In response to a question from Chairman Cuevas regarding the restructuring of VDOT, Mr. Komara responded that the local VDOT office will not be affected as much as some local offices, since the Harrisonburg office had not filled a number of vacant positions. oooooOooooo HARRISONBURG-ROCKINGHAM CHAMBER OF COMMERCE. Chamber Chairman Tom Mendez introduced Frank M. Tamberrino, the new President/CEO of the Harrisonburg-Rockingham Chamber of Commerce. Mr. Tamberrino has an extensive background in urban planning and economic development which will be beneficial to the City and County. Mr. Tamberrino indicated the local Chamber is good at hosting meetings but they want to be more responsive to the community by contributing to businesses, the environment and quality of life for citizens. oooooOooooo RESOLUTION IN SUPPORT OF PROPERLY FUNDING MEDICAID. Frank Tamberrino explained that the Chamber supports adequate Medicaid funding by the General Assembly. Rockingham Memorial Hospital and local healthcare providers who depend on Medicare and Medicaid funding will be directly impacted. On motion by Supervisor Eberly, seconded by Supervisor Kyger and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board endorsed the resolutions of Rockingham Memorial Hospital and the Harrisonburg-Rockingham Chamber of Commerce requesting the General Assembly fully fund Medicaid. In response to a question from Supervisor Kyger, Mr. Tamberrino said the local delegation acknowledges the issue, and was receptive, but non-committal, as there are

January 13, 2010 (10)

many issues before the upcoming General Assembly. Mr. Tamberrino was the last of 102 speakers at the recent budget hearing. oooooOooooo COUNTY ADMINISTRATOR'S STAFF REPORT. The Board received and reviewed Administrator Paxton’s staff report dated January 8, 2010. On motion by Supervisor Kyger, seconded by Supervisor Breeden and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved a revision to the legislative liaison contract with Christopher R. Nolen and authorized the County Administrator to notify Williams Mullen to transfer all Rockingham County files to McGuire Woods, LLP and McGuire Woods Consulting, LLC., where he is currently employed. Administrator Paxton reviewed the regional jail report for fiscal year 2008 and 2009. The cost to operate the jail per inmate day decreased, but the local cost increased significantly due to the decrease in the state’s share. The jail is housing more state prisoners for longer periods of time at less pay per day. The jail operated at 152% of capacity in 2009 as all available cell blocks were double bunked. oooooOooooo COUNTY ATTORNEY'S STAFF REPORT. Mr. Miller noted that a memorandum regarding a proposed Short-term Rental ordinance was distributed to the Board for their review prior to the public hearing scheduled January 27, 2010. Mr. Miller reported that the County completed negotiations with Blue Source/SCS, who markets carbon credits. The Board accepted the concept at the December 16, 2009 meeting and authorized the County Administrator, County Attorney and Director of Public Works to proceed with executing the contract. The initial contract reviewed at the last meeting was for a five-year term; the proposed contract now includes an initial term of five years with one automatic renewal period of three years, unless one or both parties cancels the contract, and two (2) additional one-year renewal periods. Administrator Paxton explained that the renewal periods were requested by the contractor since it could take five years for Blue Source/SCS to break even on their initial investment, depending on the price of credit sales. If there is an issue with the

January 13, 2010 (11)

contractor, the contract can be terminated at any time. This contract provides for the sale of carbon credits by the County without financial risk, Administrator Paxton said. On motion by Supervisor Breeden, seconded by Supervisor Floyd and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board authorized the County Administrator and Director of Public Works to execute the Blue Source/SCS contract for the terms as stipulated above for the monetization of carbon credits from the methane at the County’s landfill. ----Administrator Paxton noted the proposed personal property short-term rental tax ordinance was tabled on December 16, 2009. Last year the General Assembly set up a mechanism allowing businesses to tax consumers on rental fees. Staff has drafted an amendment that, by local option, exempts businesses with rental proceeds of $25,000 or less in the previous calendar year. The reason for the proposed exemption is that the amount of work involved for the business and the County to collect the tax does not justify the amount collected. The tax on $25,000 in gross sales from the short-term rental of equipment is only $250. If the Board agrees with this amendment, Administrator Paxton will notify Delegate Lohr and Senator Hanger of the County’s request for submission of this legislation. On motion by Supervisor Breeden, seconded by Supervisor Eberly and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board authorized the amendment to the proposed personal property short-term rental tax ordinance exempting businesses with rental proceeds of $25,000 or less. Chairman Cuevas explained to the media that the County has not yet considered the proposed personal property short-term rental tax ordinance and probably will not do so until the General Assembly finalizes their procedures. oooooOooooo PUBLIC WORKS DIRECTOR’S STAFF REPORT.  The Board received and reviewed Mr. Heidt’s staff report dated January 13, 2010. Mr. Heidt introduced Sharon Foley, the new Executive Director of the Harrisonburg-Rockingham Regional Sewer Authority. Ms. Foley informed the Board that the expansion and nutrient renewal project is ahead of schedule and permit limits will go into effect September 1, 2010. The

January 13, 2010 (12)

sewer authority was granted a one-year extension by the Department of Environmental Quality (DEQ) to obtain the certificate to operate the expanded flow system by December 31, 2011. They are currently operating key components that allow the removal of nutrients and are discharging below the future permit levels for total nitrogen. The project is on budget with 90% of funds from the $90 million budget expended. Change orders amount to about $1.9 million, leaving $1 million in contingencies, which are running about 2.3% of the original contract amount. This is very good for a project of this size, Ms. Foley said. The sewer authority was informed by the DEQ that the grant for the water quality improvement fund will be prorated effective July 1, 2010 to 78 cents per $1.00. The worst case scenario Ms. Foley expects is that the Authority will receive $200,000 less grant money than anticipated. The best case scenario is a $60,000 shortfall because the project is ahead of schedule. She hopes to have money remaining from the loan funds to cover this shortfall. Next year’s budget includes additional money in case the loan does not cover the shortfall or there are unanticipated needs. Costs for the Sewer Authority expansion are prorated between the towns and the County. Mr. Heidt noted the County’s liability is 30%, or $18,000 to $60,000, depending on the shortfall. A discussion ensued regarding natural/agricultural fertilizers and their effect on the environment and the Chesapeake Bay Supervisor Kyger expressed concern that the mountain of dirt at the Sewer Authority site is located at the gateway into the County and is unattractive. Mr. Heidt said it is too expensive to transport this material to another location. Ms. Foley noted that the Sewer Authority hoped to sell the material but was unable to do so. Some material is being removed from the hill and backfilling is being done so the hill can be seeded with grass to look less obtrusive. oooooOooooo  COMMUNITY DEVELOPMENT DIRECTOR’S STAFF REPORT. The Board received and reviewed Mr. Vaughn’s staff report dated January 13, 2010. Administrator Paxton informed the Board that Mr. Vaughn was absent due to recent knee surgery. A work session on a draft wind energy ordinance to allow for commercial wind farms will be held on Wednesday, January 27, 2010 at 3:00 p.m. in the Community Room in Community Development. Administrator Paxton encouraged the media to attend.

January 13, 2010 (13)

Administrator Paxton reported that the Transfer of Development Rights (TDR) issue has been referred to a task force established by the Board. He will check with Mr. Vaughn on the status of the Purchase of Development Rights (PDR) for Supervisor Kyger to ensure the County is consistent with VACo’s model ordinance. oooooOooooo  INFORMATION SYSTEMS DIRECTOR’S STAFF REPORT. The Board received and reviewed Mr. O’Byrne’s staff report dated January 7, 2010. Chairman Cuevas thanked Mr. O’Byrne and his staff for saving nearly $15,000 annually with the installation of a second storage area network which eliminates the cost of backup tapes and the annual maintenance fee on the tape backup hardware. oooooOooooo FIRE AND RESCUE CHIEF’S STAFF REPORT. The Board received and reviewed Chief Symons’ staff report dated January 6, 2010. Chief Symons reported that Clover Hill Volunteer Fire and Rescue requested the Board approve an extension of Firefighter/EMT-B Joel Will’s December 22, 2009 test deadline. The December 19, 2009 test was cancelled due to snow. The Virginia Office of Emergency Medical Services (OEMS) requires a written variance be submitted to the local governing body for review and recommendation. On motion by Supervisor Eberly, seconded by Supervisor Kyger, and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board recommended the extension of Firefighter/EMT-B Joel Will’s test deadline. oooooOooooo RECREATION AND FACILITIES DIRECTOR’S STAFF REPORT. The Board received and reviewed Mr. Eberly’s staff report dated January 8, 2010. oooooOooooo

January 13, 2010 (14)

APPOINTMENTS. On motion by Supervisor Floyd, seconded by Supervisor Kyger, and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following reappointments: •

Harvey Morris, to represent District 3 on the Recreation Commission for a four-year term to commence on January 1, 2010, and expire on December 31, 2013.



Richard E. Lyons, to the Industrial Development Authority for a fouryear term to commence January 1, 2010 and expire December 31, 2013. oooooOooooo

COMMITTEE REPORTS. FINANCE On motion by Supervisor Breeden, seconded by Supervisor Eberly, and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following general fund appropriations as recommended by the Finance Committee: GENERAL FUND APPROPRIATIONS 1. General District Court A supplemental appropriation of $1,762 for the purchase of a bronze plaque of retired Judge John A Paul. Funding would be provided from the contingency account for the County’s 50% of the cost and the other 50% would be from the City of Harrisonburg. Supplemental Appropriation: $1,762 $ $ $

1,762 881 881

GL Code: 001-02102-000-6014-000 Other Operating Supplies GL Code: 001-09110-000-5800-000 Contingency Account GL Code: 001-01899-0600 Share of Costs – City of Harrisonburg

2. Clerk of Circuit Court A supplemental appropriation of $500 for the purchase of wood to construct shelving for the Clerk of the Circuit Court. Funding would be provided from the contingency account for the County’s 50% of the cost and the other 50% would be from the City of Harrisonburg.

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Supplemental Appropriation: $500 $ $ $

500 250 250

GL Code: 001-02106-000-6065-000 Minor Capital Projects GL Code: 001-09110-000-5800-000 Contingency Account GL Code: 001-01899-0600 Share of Costs – City of Harrisonburg

----On motion by Supervisor Breeden, seconded by Supervisor Kyger, and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following FY2008-2009 carryover funds to FY2009-2010 as recommended by the Finance Committee: FY2008-2009 CARRYOVER FUNDS TO FY2009-2010 1. Capital Projects Fund A carryover of unencumbered FY 2008-2009 funds of $31,251. This is the remaining amount due for the Symantec Enterprise Vault e-mail archiving software. Carryover Appropriation: $31,251 $ $

31,251 31,251

GL Code: 101-09401-000-8007-000 Capital Projects-Computer Equipment GL Code: 101-05201-0100 Capital Projects Fund Reserve

----On motion by Supervisor Breeden, seconded by Supervisor Eberly and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board decreased the County’s mileage reimbursement rate from $0.505 to $0.50, effective January 1, 2010, to be consistent with the IRS 2010 standard mileage rate. ----On motion by Supervisor Breeden, seconded by Supervisor Floyd and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following replacement of a UPS unit at a price not to exceed $10,000, as recommended by the Finance Committee:

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UPS UNIT REPLACEMENT REQUEST The current Uninterruptible Power Supply (UPS) unit used to power the County’s information technology server room is outdated and insufficient. Staff advised that it is difficult to obtain replacement parts, and repairs could cost as much or more than purchasing the proposed new UPS unit which will increase the transition time for shutdown and protect the integrity of the server network. Mr. O’Byrne, Director of Information Systems, has been able to negotiate a very favorable proposal of $10,000 to replace the unit. Due to the cost savings referred to earlier by Chairman Cuevas, Mr. O’Byrne is confident the cost can be absorbed in the Information Systems’ departmental budget and a supplemental appropriation is not necessary to make the purchase. PUBLIC WORKS The following bids were received for an all-terrain vehicle (ATV) to replace a well-worn ATV at the landfill: Supplier Quoted Unit Quoted Pricing Valley Kawasaki Kawasaki Mule 400 cc $6,700 Early Cycle Center Yamaha Rhino 423 cc $9,000 Whitesel Brothers Inc. John Deere Gator 617 cc $9,000 * Blue Ridge Power Sports Honda Big Red 675 cc $11,399 * * John Deere and Honda do not offer a unit in the 400 cc Mid-Size ATV category. The John Deere Gator uses a Kawasaki engine and drive train. On motion by Supervisor Breeden, seconded by Supervisor Kyger, and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board authorized the purchase of an all-terrain vehicle (ATV) from Valley Kawasaki at a price of $6,700 ($4,180 to be paid by the County and $2,520 paid by the City). VACO LIAISON Supervisor Kyger reported that the Virginia General Assembly went into session at noon today (January 13, 2010). He asked the Board to assist VACo if services are needed to speak with legislators, as this is a critical session for local government. oooooOooooo

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RECESS.  At 4:45 p.m. Chairman Cuevas declared the meeting recessed for a closed meeting and dinner. oooooOooooo CLOSED MEETING. On motion by Supervisor Eberly, seconded by Supervisor Breeden and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board recessed the meeting from 4:45 p.m. to 4:55 p.m., for a closed meeting pursuant to Section 2.2-3711(A) (7), Consultation with legal counsel and staff members pertaining to actual or probable litigation where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the County; and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. MOTION: SUPERVISOR KYGER SECOND: SUPERVISOR BREEDEN

RESOLUTION NO: 10-01 MEETING DATE: JAN. 13, 2010

CERTIFICATION OF CLOSED MEETING WHEREAS, the Rockingham County Board of Supervisors has convened a Closed Meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by this Board of Supervisors that such Closed Meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Rockingham County Board of Supervisors hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the Closed Meeting to which this certification resolution applies; and (ii) only such public business matters as were identified in the motion convening the Closed Meeting were heard, discussed or considered by the Board of Supervisors. VOTE: AYES: NAYS: ABSENT:

BREEDEN, CUEVAS, EBERLY, FLOYD, KYGER NONE

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oooooOooooo PUBLIC HEARING – SPECIAL-USE PERMIT REQUEST. At 6:00 p.m. Chairman Cuevas opened the public hearing and Ms. Stultz reviewed the following special-use permit application: SUP-107 Shenandoah Valley Produce Auction, 2839 Lumber Mill Road, Dayton for an addition to produce auction buildings on property located on the south side of Lumber Mill Road (Route 734) approximately 1000’ west of W. Dry River Road (Route 738); Election District #2; zoned A-1; Tax Map #106-(A)-33A. Richard Showalter, who is on the Shenandoah Valley Produce Auction Board, stated the Auction is doing well and more space is needed for produce. No opposition was expressed. ----Chairman Cuevas closed the public hearing at 6:05 p.m. and reconvened the regular meeting. On motion by Supervisor Eberly, seconded by Supervisor Kyger and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; and subject to the following conditions, the Board approved Shenandoah Valley Produce Auction, 2839 Lumber Mill Road, Dayton for an addition to produce auction buildings on property located on the south side of Lumber Mill Road (Route 734) approximately 1000’ west of W. Dry River Road (Route 738); Election District #2; zoned A-1; Tax Map #106-(A)-33A. 1.

Use shall be located in substantial accordance with plot plan as approved.

2.

The addition to the existing building and the new building shall both comply with the Virginia Uniform Statewide Building Code and the proper permits shall be obtained.

3.

This permit is contingent upon the applicant being able to meet fire flow requirements.

4.

This permit is contingent upon a site plan being submitted to and approved by the County. No permits shall be issued by the Department of Community Development and no work shall be done on the property until such time as a site plan is approved.

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5.

Applicant shall provide documentation during site plan review to determine if either the addition to the existing building or the new drive-thru building is located in the 100-year floodplain. If it is determined that either building is in the 100year floodplain, an elevation certificate shall be required, and the building(s) shall be flood proofed.

6.

The business shall not begin operation until a certificate of occupancy is issued by the County. No certificate of occupancy shall be issued until all other conditions of this permit are met. oooooOooooo

RECOGNITION OF STUDENT. The Board recognized a student from Turner Ashby High School. oooooOooooo PUBLIC HEARING – REVOCATION OF SPECIAL-USE PERMIT. At 6:09 p.m. Chairman Cuevas opened the public hearing and Ms. Stultz reviewed the following revocation of a special-use permit: S99-09

Brad Davis, 3881 Pineville Road, Port Republic, due to violations of a special-use permit for a garage and associated salvage yard on property located on the east side of Pineville Road (Route 672) approximately 1/4 mile south of Goods Mill Road (Route 708); Election District #3; zoned A-2; Tax Map #140-(A)-78.

Ms. Stultz read the following revocation documentation: PUBLIC HEARING FOR REVOCATION OF SPECIAL USE PERMIT #99-09 *NOTE: The woodworking portion of the special use permit is already void as the building approved for that use was never constructed.

Issued in the name of:

BRAD DAVIS 3881 PINEVILLE ROAD PORT REPUBLIC, VA 24471

Tax Map #:

140-(A)-78

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Use:

GARAGE WITH ASSOCIATED SALVAGE YARD

Date Issued:

JANUARY 13, 1999

Reason for Revocation: Condition #9 states “junk, trash and debris shall not be allowed to accumulate on the property except for the junked vehicles, which shall be kept within the approved salvage yard area” 1. Junked or inoperable vehicles were located in area outside of the approved salvage yard. 2. Property in disrepair with the accumulations of items found sitting around on the property. 3. Following special use permit approval, a building permit was obtained for the garage. However, half of that garage is now being used for storage of other items and is not used as a portion of the garage. History: 1997: Office received a complaint that there were 12 to 15 vehicles on the property. Said they were not junk but vehicles to be sold. An inspection made of the property revealed approximately 25 inoperable vehicles on the property Letter sent to the property owners, C. Ray & Carla Davis asking them to contact us to discuss this matter. Mr. & Mrs. Davis visited with the Zoning Administrator. They stated that they had a dealer’s license for a used car lot on 5th Street in Grottoes. They said some were brought to this property (Pineville Road) to clean up before they are put on the sales lot. They said no sales were made from the Pineville Road property. At that time it was determined cars could be brought there to be cleaned up but then must be removed from the property. There was no work being done on vehicles on that property and no sales from the property. 1998: Complaint received about junked vehicles. Zoning Inspector asked Mr. & Mrs. Davis to contact the Zoning Administrator.

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C. Ray, Carla, and Brad Davis met with the Zoning Administrator. They stated (1) that the cars were being vandalized at the Grottoes sales lot and they wanted to keep them there until sold. (were told that they could not have a sales lot at their residence and therefore could not keep the cars at that location until sold). (2) the inoperable vehicles need to be worked on before they can be put on the sales lot. (were told they need a special use permit for a like use to a public garage if they are going to work on vehicles to be sold at their sales lot – currently 22 inoperable vehicles on the lot – some junked, some not. With a public garage he could have 5 inoperable – not junked— vehicles in association with the garage). (3) wanted a salvage yard where they could keep vehicles to get parts off of to work on the inoperable vehicles to be sold at the sales lot and so they could have more than 5 vehicles there at one time. (told they would need a special use permit for a private salvage yard in association with the garage). The Davises agreed to apply for a special use permit for a public garage which would be heard on January 13, 1999. They also decided they did want to add a private salvage yard so he could keep more vehicles. They also wanted to apply for a woodworking shop special use permit which they may want to construct a little later on (has to be done within two years from time of special use permit). 1999

January 13, 1999, the Board of Supervisors approved a special use permit for a garage with associated salvage yard.

2008

Complaint received that there were unlicensed vehicles not kept within the confines of the salvage yard. 4/16/08 – Inspection made of property showed at least 20 junked and inoperable vehicles in the driveway and back yard outside the area of the salvage yard. Mr. C. Ray Davis agreed with the inspector when they spoke that they were outside the salvage yard area. 4/28/08 – Mr. C. Ray Davis was notified (as landowner) by certified mail of the violation.

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7/2/08 – More than 7 vehicles found in the vicinity of the garage and many items – old lumber, etc. scattered around the property. 7/23/08 – Field inspection by Code Enforcement Officer. At least 7 vehicles outside the permitted area. 8/6/08 – Case was referred to the County Attorney 2009

Complaint received that the property was in violation. Vehicles outside the salvage yard area and other violations. 4/15/09 – Field inspection by Code Enforcement Officer. 4 junked/inoperable vehicles west of building outside of the salvage yard area. Pile of junk, scrap metal and tires behind garage next to house. Officer spoke to Mr. Davis who said his SUP allows him to have 5 vehicles outside the area of the SUP. Officer also found that the garage was filled with boxes and had been since the initial inspection. Officer spoke with Zoning Administrator upon arriving back to office. She stated there could be 5 vehicles in association with the garage that are actively being repaired. 11/24/09 – After receiving another complaint, Code Enforcement Officer visited site. Found very few vehicles outside the salvage yard area, but did find much of the property covered with other items (some covered with tarps or plastic and some open to view). Also found at least a large portion of the garage filled with boxes and other items. 12/16/09 – Letter sent to Brad Davis citing violations of the property 12/16/09 – Letter sent to C. Ray Davis citing a violation of junk, trash and debris on the property 12/28/09 – Zoning Administrator and Code Enforcement Officer met with C. Ray Davis and Brad Davis at office. Mr. Davis wanted to know if he cleans up the yard if the County would cease action on revoking the SUP. Was told that we would need to speak with the Community Development Director and County Attorney. We also discussed that the fact that the garage was being used for storage and not as a garage and the building permit was for a public garage. Asked Mr. Brad Davis about his car lot and he said that he does still have

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a used car lot in the town of Grottoes (we had had information that he may not). Said he last worked on a vehicle in his garage in June or July. 12/31/09 – Zoning Administrator researched Motor Vehicle Dealer Board website. Found a current dealer’s license for Brad Davis giving the address at 3881 Pineville Road. Zoning Administrator tried to call Mr. Davis but received no answer. Zoning Administrator then emailed the Grottoes Town Superintendent to see if Mr. Davis still had a business in Grottoes since dealer’s license no longer gave that address. 2010

Research into the matter and other meetings with C. Ray and Brad Davis 1/4/10 – Zoning Administrator received an email from Grottoes Town Superintendent that Mr. Davis no longer had a business license in the Town and that his license expired on 4/30/07. 1/4/10 – Code Enforcement Officer went to the site in Grottoes (where Mr. Davis said his car lot was located). Found a building but no cars on the lot (not required to have cars on the lot). 1/4/10 – Late in the evening C. Ray and Brad Davis came to the office. They were asked again about the car lot, and Brad Davis said he does still have a car lot in Grottoes. Zoning Administrator then asked about his dealer’s license address and he said that is just the mailing address. Was told that the license says dealership address, and he said that was something DMV had done and they had not been able to get it cleared up. They stated that both Bill Jackson (with Motor Vehicle Dealer Board) and Tony Stovall (with DMV) had been to both sites. Zoning Administrator and Code Enforcement Officer told them that they would talk with Mr. Jackson and with Mr. Stovall and would also try to find out more about the license with the town that Mr. Davis said he had. 1/5/10 – Just after opening both C. Ray and Brad Davis came to the office. Brad Davis had copies of old licenses showing the address of the car lot in Grottoes but current license shows it on Pineville Road. We told them we had calls in to both Mr. Jackson and Mr. Stovall.

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1/5/10 – Code Enforcement Officer and Zoning Administrator met with Mr. Jackson. He said that he had visited the Grottoes office last March after receiving complaints. He confirmed that Mr. Davis does have a license for the Grottoes lot (and that DMV records can only show one address for a lot and since Mr. Davis wants to receive his mail at Pineville Road, that is what is shown as his dealer’s license). Confirmed that Mr. Davis had sold 2 vehicles retail in the past 12 months but had no record if they were sold from the Grottoes lot or not. Suggested Mr. Davis go back to using the mailing address in Grottoes as he is required to be there 20 hours a week and could receive his mail there. 1/5/10 – Conference call (Tony Stovall, Code Enforcement Officer and Zoning Administrator). Mr. Stovall said they too had received complaints. On his last visit to the site, the property had been brought into compliance as far as the salvage yard. He suggested that Mr. Davis put up a privacy fence around the salvage yard. FINDINGS (1)

From a County standpoint, we do not care from what location Mr. Davis sells his vehicles as long as they are not being sold from the Pineville address. Suggestion would be that he move his mailing address back to Grottoes so there is no confusion. Selling from the Pineville address would be a violation of the County Code.

(2)

Mr. Davis has continued to be in violation of the special use permit by having vehicles outside of the salvage yard. If permit is not revoked, suggestion would be that he put a privacy fence around the salvage yard and keep all vehicles except those actively being worked on behind that fence.

(3)

The building is constructed for a garage to work on vehicles to be sold at his sales lot (although as long as he sells them at an approved lot or at the auction, we don’t care if it’s at his sales lot). The building permit was not for part of it to be used for storage. If permit not revoked, the items stored in that garage need to be moved from the garage or a request made to convert part of the garage to storage.

(4)

If Mr. Davis is not actively using the garage to repair vehicles to be sold (and at the present time, he has offered us no proof that

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he is), the salvage yard is not needed as it was approved in association with the garage. (5)

Items cannot be allowed to accumulate on the property, whether under tarps or open to view. -----

Ms. Stultz expressed concern that no improvements were made to the property until the Davises were in jeopardy of having their special-use permit revoked. She further indicated the County was not concerned about where the vehicles were sold as long as it was not at the Pineville Road address and if sold in the County that the site was a properly zoned car lot. If vehicles are being sold from the Grottoes lot, that address that should be on the business license. Since Brad Davis is there four hours a day, he can receive his mail at that address. The County understands Brad Davis may need to move cars out of the salvage yard so other vehicles can be removed to be crushed. Ms. Stultz asked that Mr. Davis contact the County when the cars will be moved, if the Board determines that the permit should not be revoked. Administrator Paxton confirmed that if the automobiles are not repaired to be sold, Mr. Davis does not need a permit for a salvage yard with a garage; he needs a different special-use permit for just a salvage yard. Staff has met with the Davises several times since the issuance of the December 16, 2009 letter, and explained that the County could revoke the permit. The Davises have done some clean up of the site. Ms. Stultz stated that if the permit is not revoked, staff recommends that a condition be added to the permit that the property must be cleaned and kept clean. In response to questions from Chairman Cuevas, Ms. Stultz confirmed that the original permit was that the entire facility be used to repair automobiles, and at least part of the garage is now used for storage. The County does not know if there are fire code issues with the items stored in the garage. However, if the Davises do not use the garage solely to work on automobiles, they need to request a revised special-use permit to align the use for the part of the garage that is not for car repairs. If the owners apply for a revised special-use permit, the County will evaluate all code issues. There is a subdivision close to this property, but the Davis property is not in a subdivision. All the neighboring properties are zoned A-2. There is a subdivision above the Davis property which looks down on the salvage yard. The salvage yard is not very visible from Pineville Road, but can be seen from Goods Mill Road, Ms. Stultz said. Supervisor Breeden asked if the salvage yard was grandfathered, and whether it should have been fenced. Ms. Stultz responded that the salvage yard was permitted as

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part of the special-use permit to be used to store automobiles for the owner to use for parts to repair cars to be sold from a car lot in another location. The salvage yard is required to be fenced but she explained that in the 1990s, fences were intended more for containment of the use than for screening from adjacent properties. Paul Duggan, counsel for Brad and C. Ray Davis, pointed out that this specialuse permit was issued eleven years ago and only one letter was sent to the Davises prior to the December 16, 2009 letter. His clients want to comply with the special-use permit and retain that permit. He noted that the front of the house is well maintained, and the salvage yard and debris cannot be seen from Pineville Road. The special-use permit was issued for a garage and woodworking shop. The left bay of the detached, two-car garage is used to repair cars and contains a lot of tools. The right bay is filled with old furniture that C. Ray Davis plans to repair for sale, and the door on that side of the garage is broken. Mr. Duggan indicated the Davises did not think they were doing anything wrong. The December 16, 2009 letter was sent to the Davises just before the blizzard on December 18, 2009. Since it has been hard for them to clean up after the snow storm, C. Ray Davis purchased a 40-foot trailer to store his antiques. The issue is whether the Davises violated their special-use permit by having junk, trash and debris on the property. The special-use permit does not indicate furniture cannot be on the property. Mr. Duggan stated the goal is to eliminate complaints from neighbors and asked that his clients have more time to make sure all the junk, trash and debris is eliminated. He said the issue should be what happens if the Davises violate their special-use permit again. Chairman Cuevas stated the number of vehicles and where they are parked has a relationship to the special-use permit. Ms. Stultz reviewed the conditions of the special use permit which allows up to five vehicles outside of the salvage yard, around the garage awaiting repair. No number limitation was placed on the automobiles in the salvage yard, which was to be fenced on all sides. Ms. Stultz does not know if there is a fence around the salvage yard but indicated there are trees on one side. Administrator Paxton noted there is a makeshift fence from pieces of metal around at least a portion of the yard. Mr. Duggan indicated that his clients would be willing to install a privacy fence and said there are currently some nice pine trees that screen the salvage yard. With respect to a business license, Mr. Duggan stated the special-use permit was not contingent upon the sale of vehicles. Shane Harper, C. Ray Davis’ neighbor, stated the pictures shown by Ms. Stultz were taken from specific angles as the cars in the salvage yard cannot be seen by the public from Pineville Road or Goods Mill Road. He asserted that some of the photos

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were taken from a house on Goods Mill Road, not from the road. Mr. Harper stated he has lived there seven or eight years and has not seen debris from the road. A. J. DeFabio stated he bought his home in Fox Hill Estates in 1969. In March of 2008, Mr. DeFabio made a video from his property looking north toward Massanutten Peak, which he showed to Deputy Administrator King and Supervisor Floyd. The County investigated the property and Mr. King informed Mr. DeFabio by phone that the property was in violation due to the number of junked vehicles outside the salvage yard. An April 28, 2008 letter issued by the County stated the Davises were in violation of their special-use permit due to the junked cars and other junk. The letter gave them 30 days to correct the violation and stated the County may consider revocation of the special-use permit. Mr. DeFabio read a section of the January 13, 1999 Board of Supervisors Meeting minutes where Supervisor Kyger asked Brad Davis if he understood the conditions. Mr. Davis said he was aware of the conditions, but the problems have existed for years, Mr. DeFabio said. Mr. DeFabio reported that he contacted the Grottoes business office in May of 2009 and was told the car business had not existed for a number of years. Tony Stovall from the Division of Motor Vehicles (DMV) said the last junk vehicle purchased was nine years prior to that and there was no indication of an active business. According to Mr. Stovall, Mr. Davis was looking into crushing the cars for scrap. Condition 13 states “Certificates of occupancy shall be obtained from the County for each business prior to its beginning operation.” Mr. DeFabio stated there is no record of any certificates of occupancy being issued to the Davises. Additionally, the garage specified for repairing vehicles was so full of junk that you were unable to enter it, Mr. DeFabio claimed. Mr. DeFabio reported that at least four dozen vehicles are currently in the salvage yard and he wonders what Brad Davis is repairing with them since he has not purchased a junk vehicle in nine years. Mr. DeFabio said he drove by the car lot in Grottoes last year and there was nothing there but a building. Mr. DeFabio requested that the Board terminate the entire special-use permit and direct the owner to remove all the vehicles from the lot. Greg Walker said he and his wife, Stephanie, have owned property directly to the left of the Davis property since 1999. A large salvage yard next door to them in a residential neighborhood looks terrible, he said. According to the Department of Environmental Quality (DEQ), every salvage vehicle is required to have disposal records for gasoline, transmission fluid, oil and antifreeze as the cars are supposed to be drained of all fluids. Mr. Walker is concerned about a fire hazard if the vehicles are

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not “dry.” He would like to install a well but since the Davis’ property sits higher than the surrounding area, he is worried about ground contamination. Mr. Walker reported there is no business sign at this property and very little business has been conducted there. Attorney Miller explained that since the special-use permit is not exclusively for a salvage yard and the public is not coming there, no sign is required. Supervisor Breeden and Mr. Walker discussed the fact that the DMV is very strict. Mr. Walker stated the Davises are required to have a title for each vehicle and this should be investigated. When Attorney Miller asked Mr. Walker if the DEQ had records dealing with the fluids, he said the DEQ went to the Davises home twice but no one answered the door. The DEQ indicated it is up to the DMV to determine if the Davises have titles, whether all fluids have been drained from the vehicles and, if so, where the disposal records are kept. In response to a question from Chairman Cuevas, Mr. Walker stated the DMV checks titles and the DEQ deals with environmental aspects. Scott Cook, who owns property adjacent to Mr. DeFabio but lives further in Fox Hill Estates, said the value of his property has been greatly impacted. There is a lot of non-compliance with the special-use permit and he would like it to be revoked, he said. Mr. Cook stated this is not an appropriate location for a salvage yard. He said it would be different if the property were maintained as it should have been and kept in compliance. He feels the Davises have lost the privilege to have the special-use permit. Supervisor Floyd asked Kelly Getz, Code Enforcement Officer, to describe what he saw at the Davis property on his most recent visit. Mr. Getz said there were no vehicles outside the salvage yard. There was a lot of scrap, wood and other materials piled around in the snow. He said 70% of the old furniture under tarps in the yard had been removed. The Davises cleaned up in front of the garage and removed a lot of things in the back yard, but the snow has created problems for them. Mr. Getz agreed that the house looks good from the front, but it looks bad from the back, he said. Administrator Paxton reported that he, Attorney Miller, Deputy Administrator King and Mr. Getz visited the property earlier in the day. He said all the vehicles except three were in the salvage yard. The three vehicles in the driveway were operable with valid decals.

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In response to a question from Supervisor Breeden, Administrator Paxton said he did not know how viable the sales operation was, but the purpose of the original special-use permit was for a salvage yard to work with the garage to sell vehicles at another location. Ms. Stultz noted she does not know where, or if, vehicles are being sold. She has nothing to indicate the garage is being used, but she knows half of it is not being used to work on cars. Supervisor Kyger stated the Davises requested the special-use permit because they were in violation of the County Code. Supervisor Kyger remembers a great deal of discussion over the disposal of cars and a sales lot elsewhere. The permit was very clear and Supervisor Kyger specifically asked Brad Davis if he understood the conditions. When Mr. Davis indicated he did understand, the neighbors seemed comfortable with the special-use permit. In response to a question from Supervisor Breeden, Brad Davis indicated he owns all the vehicles and has titles for them. In response to questions from Supervisor Kyger, Brad Davis explained that he uses the vehicles in his salvage yard for parts and the cars are sent elsewhere to be crushed. The last time he removed vehicles from the salvage yard was last year. He planned to remove the less desirable ones from the salvage yard when he received the April 15, 2009 letter. He has agreed to inform Community Development when he removes cars from the salvage yard in the future. In response to questions from Mr. Duggan, Brad Davis stated the last time he fixed a car for sale off site was in October 2009 when he replaced spark plugs and coil packs. He said he has not brought a car to the salvage yard in a long time and the last vehicle he purchased was a year and a half ago. He keeps parts for vehicles at the Pineville Road location but has never sold a car from that location – he sells vehicles from the Grottoes lot or at the auto auction. Additionally, Brad Davis said DMV Special Agent Tony Stovall visited his property and two ladies from the DEQ took photos and sent him a letter indicating there was no problem. He has a building permit but does not have an occupancy permit for the garage. C. Ray Davis said when he built his house 40 years ago there were three other houses on Pineville Road and none on Fox Hill Road or Port Republic Road. He did not realize that antique furniture covered up with plastic was a violation and stated it bothers him that his antiques are considered junk, refuse and debris. He has been in the green revolution and recycling furniture for 45 years. He said the people who are complaining moved into the neighborhood after the salvage yard was there.

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Chairman Cuevas explained to C. Ray Davis that the special-use permit was for a garage and wood working shop which was never constructed. Had the wood working shop been built and the property kept in compliance there would not have been a problem. Troy Davis, C. Ray Davis’ son, stated he does not live at the Pineville Road residence. The majority of the vehicles in the salvage yard can be repaired and 50% of them would probably start so they are not required to be drained of fluids. He said they have not had time to repair the vehicles. He stated the issue is that the neighbors do not approve of the salvage yard site. Ms. Stultz explained to the Board that staff was not necessarily asking that the permit be revoked at this time since the Davises were attempting to clean up the property. The property has not been in compliance for a year and a half and nothing was done until the Davises received a letter indicating the permit may be revoked. The letter was sent after a complaint because there is a condition in the special-use permit that no junk, trash or debris is allowed to accumulate on the property. Although the owner asserts that the items in the yard are antiques, staff does not know what is under the tarps. Attorney Miller stated the Board has the option to revoke the special-use permit if it determines there is no car sales business since the garage is contingent upon selling cars and the salvage yard is contingent upon repairing the cars. Another reason for the revocation is that the Board determines the terms and conditions of the specialuse permit have been violated to the point that it is appropriate to revoke the permit. ----Chairman Cuevas closed the public hearing at 7:47 p.m. and reconvened the regular meeting. Supervisor Breeden stated this situation reminds him of two properties in District 5 that the County is still trying to get cleaned up. If the special-use permit is not revoked, he asked that strict language be put on the permit stating the property must be cleaned up. Supervisor Eberly indicated it is important to be a good neighbor. One way of doing that is to not have an unsightly property. He recommended providing the Davises with a reasonable amount of time to get things in order and install a privacy fence. Chairman Cuevas stated the Davises need to make sure they abide by the conditions of the permit. He said neighbors’ property rights and property values cannot be affected in a negative way.

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Supervisor Kyger reiterated that the original special-use permit was necessary to correct violations. The Davises were given a fair opportunity to abide by the permit over the years. When the permit was issued he asked Brad Davis if he understood the terms and Mr. Davis acknowledged he did. This indicated to Supervisor Kyger that Mr. Davis was willing to live by those terms, but he has not. Supervisor Kyger said he believes the only course of action would be to revoke the Davises’ special-use permit. Supervisor Floyd said he would like to table the revocation until the March 24, 2010 Board meeting to provide the Davises with another opportunity to come into complete compliance with the special-use permit, and beyond. This delay will give the Board an opportunity to carefully monitor the property, and if it is not in compliance, Supervisor Floyd said the Board should revoke the Davises’ permit at that time. Supervisor Floyd suggested Mr. Davis install a privacy fence. He also suggested Mr. Davis take into consideration what he has heard from the Board and his neighbors. Supervisor Floyd made a motion that the Board table the revocation of the special-use permit of Brad Davis until the March 24, 2010 Board meeting. Supervisor Eberly properly seconded the motion. Supervisor Kyger said he appreciated what Supervisor Floyd wanted to do but he was ready to take action tonight. Supervisor Eberly stated he has no history with this particular special-use permit but if the conditions are not followed, he has no patience for a long drawn out decision. If a similar situation occurs in the future, he would recommend the permit be revoked. Chairman Cuevas extended a courtesy to the Davises to clean up the property to come in compliance with the special-use permit. He noted that the neighbors who spoke were not against the original permit but the violations that occurred at the property. He stated that if the property is not in compliance on March 24, 2010, he has no problem with revoking the special-use permit. By a vote of 3 to 2, voting recorded as follows: BREEDEN - NAY; CUEVAS AYE; EBERLY – AYE; FLOYD - AYE; KYGER - NAY; the Board tabled the revocation of the special-use permit of Brad Davis, 3881 Pineville Road, Port Republic, on property located on the east side of Pineville Road (Route 672) approximately 1/4 mile south of Goods Mill Road (Route 708); Election District #3; zoned A-2; Tax Map #140-(A)-78 with the matter to be placed on the March 24, 2010 agenda of the Board for reconsideration. oooooOooooo

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CLOSED MEETING. On motion by Supervisor Eberly, seconded by Supervisor Kyger and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board recessed the meeting from 8:03 p.m. to 8:58 p.m., for a closed meeting pursuant to Section 2.2-3711.A(1), Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Any teacher shall be permitted to be present during a closed meeting in which there is a discussion or consideration of a disciplinary matter that involves the teacher and some student and the student involved in the matter is present, provided the teacher makes a written request to be present to the presiding officer of the appropriate board; and Section 2.2-3711(A) (5), Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community. MOTION: SUPERVISOR EBERLY SECOND: SUPERVISOR KYGER

RESOLUTION NO: 10-02 MEETING DATE: JAN. 13, 2010

CERTIFICATION OF CLOSED MEETING WHEREAS, the Rockingham County Board of Supervisors has convened a Closed Meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by this Board of Supervisors that such Closed Meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Rockingham County Board of Supervisors hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the Closed Meeting to which this certification resolution applies; and (ii) only such public business matters as were identified in the motion convening the Closed Meeting were heard, discussed or considered by the Board of Supervisors. VOTE: AYES: NAYS: ABSENT:

BREEDEN, CUEVAS, EBERLY, FLOYD, KYGER NONE

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oooooOooooo ADJOURNMENT. On motion by Supervisor Eberly, seconded by Supervisor Kyger and carried by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board adjourned the meeting at 9:00 p.m.

________________________, Chairman