At a Regular Meeting of the Caroline County Board of Supervisors Held on Tuesday, November 26, 2013 in the Auditorium of The

At a regular meeting of the Caroline County Board of Supervisors held on Tuesday, November 26, 2013 in the auditorium of the Community Services Center, located at 17202 Richmond Turnpike, Milford, VA 22514.

PRESENT

Floyd W. Thomas – Chairman Calvin B. Taylor, Sr. – Vice-Chair Wayne A. Acors Jeffrey S. Black Jeffery M. Sili Reginald L. Underwood

ALSO PRESENT

Alan L. Partin – Assistant County Administrator Michael A. Finchum – Director of Planning & Community Development Frances K. Hatcher – Finance Director Jason R. Loftus – Fire-EMS Chief Joseph C. Schiebel – Interim Director of Public Utilities Gary R. Wilson – Director of Economic Development & Tourism Ann Neil Cosby – County Attorney

ABSENT

Charles M. Culley, Jr. – County Administrator

CALL TO ORDER OF REGULAR MEETING

Chairman Thomas called the meeting to order at approximately 6:10 p.m.

INVOCATION

Vice-Chair Taylor led the invocation.

PLEDGE OF ALLEGIANCE

Chairman Thomas led the Pledge of Allegiance.

AMENDMENTS TO THE AGENDA

Assistant County Administrator Alan Partin, stated that Item #9 under New Business, “Discussion of Request from Columbia Gas for Right-of-Way through County Property for Natural Gas Line Extension in Milford” be removed from the agenda because additional work was needed.

OPENING BOARD COMMENTS

Supervisor Sili reminded everyone about the Senior Citizen’s Gala scheduled for December 5th at 6 p.m. at Caroline High School.

1. PRESENTATIONS/REPORTS

 Update from State Fair of Virginia

Jeff Dillon, President of the Virginia Farm Bureau Federation, stated that he wanted to provide a brief update on what they are doing at the Meadow Event Park and bring the Board up to speed on future events. He said they have a very exciting 2014 plan that is good for them and for the County. He then informed the Board of the following events:

January – They have a full slate of events at the Meadow Event Park. He said these are facility rentals at the Farm Bureau Center where people bring in shows, and every weekend is a new show starting in January.

February – Two weekends are booked solid.

March – The entire Farm Bureau Center is book for the entire month.

April – This is a slower month; however, they begin the horse shows and expect to have 12 to 14 horse shows at the Equestrian Center in 2014.

May – They have a new event, Mid Atlantic Hot Air Balloon Festival, and expect to have 25 hot air balloons for the three-day event, and 10,000 people attend the event. He said they will have food sponsors, they will have other vendors and so they will see some tax revenue for the County at this event. He said they expect this event to grow bigger as the years go on and would like to see in upwards of 20,000 people eventually at that event.

June – This month is busy with other events; however, K-95 Radio this morning announced that they are bringing a K-95 Country Fest to the Meadow Event Park beginning June 28th of 2014. He said again, they expect to have 10,000 at that event.

He said another event in June, which you can register for, is the Tough Mudder Event and they expect 7,000 to 8,000 people to run through the mud, climb over hurdles and get real dirty at that event and should attract people from the entire Mid-Atlantic area. He said this is not sponsored by them, they are renting the facility to the Tough Mudder Organization for that event. He said that is followed in 2015 by a companion event, and so that is the following year, Mudderella, so Tough Mudder for the men and Mudderella for the women.

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July – is a busy month; however, they do not have any big events.

August – They have a couple of major events by other people, but not as big as those.

September – The State Fair will be there and after the State Fair next year, they will have a Bluegrass Festival in October immediately after the State Fair and immediately after the Bluegrass Festival, they will have the Equine Extravaganza in early November.

He said they will be introducing next year and setting up in October, but will start working the show in mid-November, a Holiday Light Show, which will be a major event and will be a drive through light show. He said they expect to have 10,000 cars come through in the first year. He said this will be coupled with a Holiday Village and so people can ride through the State of the Art light show. He said it is produced in Nashville right now and they are working with the people who are promoting it, etc. He said 10,000 cars should equate to about 25,000 to 30,000 people during that six-week period beginning in mid-November.

He said they have more events that they are planning for 2015, but this is the 2014 calendar of what they are doing.

Mr. Dillon stated that they expect a very busy year and appreciate all the effort they are getting from everyone on staff and the Board of Supervisors as they put these events together. He said they could not do this without everybody involved.

Chairman Thomas stated that Mr. Dillon has done a great job and they appreciate his efforts. He asked Mr. Dillon if he had an attendance update on the State Fair.

Mr. Dillon reported that 229,000 people were at the State Fair this year. He said as the Board knows, they had 10 days of great weather. He said they were very happy with the 229,000, but would have liked to have seen higher attendance; however, with the 229,000, they did run tight on parking. He said the first Saturday was nip and tuck on parking and probably went to 85% of capacity on that first Saturday. He said with the entertainment acts they had booked for the following Saturday and Sunday, they were very concerned that they were going to run out of parking; however, they did have some contingency plans. He said in the future, they would like to see it grow because parking is going to be a concern in the future.

Supervisor Sili stated that he heard nothing but compliments for the arrangement of the Kiddie rides, etc., and that was a great move.

Mr. Dillon thanked Supervisor Sili. He said as the Board can tell, they are very busy planning and trying to find those events and those things that will bring people to the Meadow Event Park, which will be good for them and good for the County.

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He stated as they look to the future, Mr. Finchum’s staff has been very good about telling them to be mindful of the proffers and zoning at the Meadow Event Park because they want to be good neighbors and not do anything in violation. He said Mr. Finchum’s staff has been great. He said just as a heads up, they may be coming back to the Board to ask for zoning changes, proffer changes, things that are all in good keeping with being a good neighbor. He said they might just need to relocate things.

Vice-Chair Taylor asked how the attendance this year compared to previous years.

Mr. Dillon stated that the attendance was 160,000 in 2012. He said they need to keep in mind that when they report attendance, the number of people who come to the Fair is different than the number of people that pay to come to the Fair. He said when the Fair attendance gets reported, there was less than that, that paid to come through the gate.

He stated this year, as he has said, they reported 229,000 and some of those people did not pay to come through the gate. He said those people may have been vendors, etc. He said in past years, the numbers reported were as high as 260,000 attending the Fair and that is why he shared with the Board his concerns about parking. He said in the future, he believes this Fair could hit the 260,000 to 300,000 mark because it is that good of a Fair.

Chairman Thomas asked if all of the events planned are on the Meadow Event Park website.

Mr. Dillon stated that he believes they are all on the website; however, do not hold him to that because he knows the K-95, for example, was something they were trying to hold tight to the vest. He said he believes the Bluegrass Festival is there but he does not believe the Holiday Light Show is there yet.

He stated he talked to staff on the way to the meeting tonight, and they are going to be very diligent now about meeting with Mr. Finchum’s office to stay compliant.

Chairman Thomas voiced his appreciation to Mr. Dillon for coming tonight and for all he has done for the County. He also thanked Mr. Dillon for allowing the Board to participate in the dedication for the Trooper.

♦ Discussion of Possible Caroline County Membership in PRTC

Chairman Thomas stated at this point in time, they are looking for the benefits of being a part of PRTC and the responsibilities of being a part of PRTC. He said he appreciated Mr. Harf being here tonight.

Al Harf, PRTC Executive Director, stated that neither he nor Mr. Allen were here on a sales mission. He said he realizes that the Board needs to decide whether it is in the best interests of Caroline County to participate in PRTC. He said he believes there are definite virtues for Caroline County to participate and they also think that it is important,

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

in considering that question, both the Board and the existing member governments need to access whether it is in their respective interests for that participation to occur.

He stated that both the PRTC and VRE Boards have knowledge of Caroline County’s interest in exploring the subject. He said their “marching orders” if you will, are to engage the Caroline Board in a dialogue, question what questions they have and then be in a position to have the Board make an informed judgment. He said he would like to say that Caroline County has been well served and represented by Mr. Finchum. He said Mr. Finchum has given the Board the “straight skinny” about PRTC membership and the implications of that membership, including the fact that all of the PRTC members do have a 2.1% motor fuels tax levied on all of the fuel sales that occur within the jurisdiction. He said he supposes, depending on your point of view, is both a blessing and a liability. He said; however, that 2.1% motor fuels tax by virtue of PRTC’s founding ordinance, are monies that can be used for any qualifying transportation purpose that the jurisdiction sees fit to use it for. He said there are multiple instances of PRTC member jurisdictions using the 2.1% motor fuels tax revenue for a variety of transportation purposes that are meaningful to the jurisdiction.

He then introduced Doug Allen, VRE Chief Executive Officer, so he can make some opening remarks and stated that the two of them will be available to answer questions that the Board may have.

Doug Allen, VRE Chief Executive Officer, stated that they appreciated very much being here tonight and the Board’s interest in PRTC membership. He said that VRE has about a 90-mile commuter rail system. He said they have two lines from Manassas and Fredericksburg and are about to extend down into Spotsylvania County within the year, which will be near Route 17. He said currently, they get riders from Caroline County, not a great number, but about 100 or so riders per day. He said when they open up in Spotsylvania County, they anticipate more riders from Caroline County will be able to use the service because it will be a lot more convenient to get to than the station in downtown Fredericksburg.

He explained that they are owned by two transportation commissions, Northern Virginia Transportation Commission, which is Fairfax County; and Potomac-Rappahannock Transportation Commission that Mr. Harf is the Executive Director of, which is Prince William County South that includes Stafford, Fredericksburg, and Spotsylvania.

He further explained they have an agreement that all of the jurisdictions have entered into that defines how they do their business and where the costs are coming from. He said largely, they are set up so 40% of all of their costs are paid for by the riders, and so it is very user supported. He said another 40% generally comes from State and Federal Grants, primarily for capital purchases. He said the remaining 20% is divided up amongst the local jurisdictions that are a member of the Virginia Railway Express.

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Mr. Allen stated they have an Operations Board that is made up of members from both Commissions, based on the percentage of riders that are coming from those various jurisdictions. He explained as they develop their budget, they present that to the Operations Board and at that point, they lay out what the budget is, what the projects are, what the service is going to be, and then what their annual subsidy payment would be based on what their projections are for ridership. He said as they have talked about this in general with their Board, some of the issues that have come up is the payment of the annual subsidy, again, based on ridership. He said they also have a need, occasionally, to issue bonds, and that has a requirement of unanimous approval of the jurisdictions to issue bonds.

He stated that he talked to staff about six months ago about the prospects of the Carmel Church area and the prospects for rail coming this far south, which has a lot of potential. He said Carmel Church is a very accessible, interesting location; however, the challenge from a commuter rail standpoint is it is far away from where they currently serve and are about to serve. He said the distance, as a commuter rail system, their intent is to mostly take people from the outlying areas into the District of Columbia, etc. He said the distance becomes pretty long, about 80 miles and that would be somewhat of a challenge associated with that distance.

Chairman Thomas asked about the Spotsylvania expansion, which Mr. Allen said is about an additional 8 miles, who is going to pay for that expansion and how much will it cost.

Mr. Allen stated it is about a $33,000,000 rail project and it includes adding another track to the CSX railroad, which helps them. He said they have a long-term commitment of building that third track on their entire line from Spotsylvania to Washington, D.C. He explained they are doing that incrementally over time. He said that Spotsylvania County is funding some of it with State Grants and some Federal Grants to build the Station and 1,500-car parking lot. He said the track project is funded with State Grants and then what they call, system costs, and the system costs are all of the jurisdictions, collectively, based on the ridership, pay a percentage of that project. He said anything that is a systems cost, which is typically a railcar used throughout the entire system, and track infrastructure. He said so if Caroline County were to join, based on the ridership, Caroline County’s share would be defined by how many riders were coming from Caroline County relative to the rest of the jurisdictions, and that percentage would be Caroline County’s responsibility in paying on that particular track project.

Chairman Thomas stated that is riders and not rider miles.

Mr. Allen stated that is correct.

Chairman Thomas asked what bonds were out there now.

Mr. Allen stated they are about to pay off all of the bonds that they have outstanding; however, they were to purchase railcars and locomotives. He said again, those bonds are

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

going away and that was a system cost. He said they are fortunate to have, basically, a new fleet.

Supervisor Black stated that he wanted to take this backwards. He said he was trying to take it from the perspective of those counties north of Caroline. He said eventually, over time, let’s say 20 years down the road, there is a need for a train station in Carmel Church, and Mr. Allen has said it is based on ridership, and right now, what they have from staff, is a count of 86 Caroline riders. He said based on that, the majority of the cost would be borne by the counties north of Caroline.

Mr. Allen stated if they were to follow the standard procedure of a project like this, it may not be the same arrangement as they have now because of the distance between Spotsylvania and Caroline. He said probably Caroline would bear the cost of the track work.

Supervisor Black stated he would imagine that the counties to the north would not want to pay for that extension for Caroline. He then asked Mr. Allen if he had a cost estimate.

Mr. Allen stated that he has not put anything together on the cost.

Supervisor Black asked Mr. Allen if he could put together a cost estimate.

Mr. Allen stated they probably could put together a rough estimate. He said he would like to highlight some of the challenges associated with that, one, it is a privately owned railroad. He said CSX operates freight trains on it. He said they have not had any discussions with CSX about what they would be expecting to allow passenger trains other than Amtrak, which they are required to take Amtrak trains. He said so since they have not had any discussions with CSX, they would have to make some broad assumptions. He said it is very likely that it would require a third track to be built and they could put a cost estimate together on that, but those are the types of things you would be looking at, spending serious money to add a third track and bridges that go along with it.

Chairman Thomas asked if it was fair to say if 8 miles costs $33,000,000, and so they would probably be in the $99,000,000 range.

Mr. Allen stated there would be a lot of special track work and system signals that are embedded in that short section, so it probably would not be a direct comparison. He said if it is the Board’s desire, he could work with County staff and provide the Board with a range of what the costs might be. He said again, all of that is prefaced with CSX, because they have not talked to CSX about the potential of this and what they may be looking at.

Supervisor Black asked, from the PRTC and VRE Boards, what has been their interest in having Caroline County join PRTC.

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Mr. Allen stated they have had one conversation with their Operations Board, and it was to brief them on the discussions they have had with Caroline County staff and the expression of interest from Caroline County. He said so they approached the Operations Board on the prospects of Caroline County joining and the Operations Board expressed some reservations relative to it because, again, it requires unanimity on certain things such as issuing bonds. He said as services are added, they want to make sure that everyone is paying their share of the extra costs associated with those services.

He stated so really, the Operations Board encouraged them to talk to Caroline more about some of the issues associated with it to get a gauge of interest from Caroline County on joining PRTC. He said he believes it would be fair to represent that the Operations Board is open to discussion, but they have some reservations associated with it.

He stated that this summer, they were doing a long-range planning effort and they talked, not about Caroline County specifically, but not only Caroline County, but extensions on the other line, the Manassas line down into Fauquier and perhaps beyond, and if that was something they would be interested in. He said what they expressed is that they have a lot of needs already in the areas they are in and they want him to focus on meeting those needs and then when those are met, then they can look at extending out beyond that. He said the Operations Board sees this as a very valuable system that they want to maximize.

Supervisor Black asked if the last locality to join PRTC was Spotsylvania.

Mr. Allen said yes.

In response to questions from Supervisor Black, Mr. Allen stated that Manassas Park is the smallest locality to join PRTC and they have a relatively high population density. He said the stations that they operate in are largely, except Spotsylvania County, are all original stations and were stations that were identified 20 years ago. He said they are working with and adding a new station in Prince William County.

He stated so when VRE was set up, the intent was to have a station at Manassas Park, using them as an example, and also from Fredericksburg, which was the end of the line. He said then, over time, there was more and more people who chose to live in Spotsylvania and more and more riders were going to the Fredericksburg station. He explained that over time, Spotsylvania felt it was important that they have their own station and join VRE, so the agreement was opened up and Spotsylvania was added to it and as part of that agreement, Spotsylvania agreed to build a station that is now being built and help pay for the extension down into Spotsylvania. He said that station is about to be under construction, and it was about 5 years ago that they joined.

Supervisor Black asked what was the last station built before Spotsylvania.

Mr. Allen stated he believes they were all built at about the same time, in 1992 when they first opened.

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Supervisor Black stated as far as the subsidy is concerned Caroline would pay if they join, they have something from County staff that says $107,000, and asked if that was based on ridership, because he has the minutes from a VRE meeting and Mr. Harf says that Caroline’s share would be $150,000.

Mr. Harf stated that citation was a combination of the contributions for the PRTC Organization and the VRE Organization, so the $107,000 was an estimate of what the Caroline subsidy for VRE alone would be, based on the survey that was done in October of 2012. He explained that they do a survey every October, so it is conceivable that the survey, which they are now processing, will show that Caroline’s ridership number went from 84 to some umber higher than that, that they are awaiting survey results. He said but each year, that survey winds up governing the allocation of the subsidy for VRE alone. He said the PRTC subsidy by the founding ordinance for PRTC, is allocated on the basis of the distribution of fuel tax revenue receipts by jurisdiction, and that is the difference between the $150,000 and the $107,000.

Supervisor Sili stated that he wanted to go back to the Spotsylvania track cost, the 8 miles, $33,000,000, and asked what percentage of the cost is Spotsylvania picking up for track and the train station.

Mr. Allen stated that Spotsylvania is paying for the local share of the cost for the station and the parking lot. He said he believes the station, itself, is like $8 million and the parking lot, he is not sure, but Spotsylvania is taking care of all of that.

He explained for the station, there was a State Grant and so Spotsylvania is paying the local match for that which is like ½ the cost, roughly, for the station. He said with regard to the track work, he believes that is a combination of State and Federal Grants and the local match is paid for by all of the system, not just Spotsylvania. He said that is because it is a long term commitment they made to CSX to eventually do a third track section the entire length, so the track work is shared by all of the member jurisdictions.

Mr. Harf stated that he would like to clarify a point and say that Mr. Allen pointed out that there are certain types of investments like the track work and the rolling stock that are so-called system expenses, which means they are a collective responsibility. He said then there are the types of investments such as stations and parking facilities, that are the individual jurisdiction’s responsibility where the station resides. He explained in both cases, VRE and PRTC make a proactive effort to identify sources of Federal and State funds that can be used to defray the costs of both the system investments and the individual jurisdictional investments. He said so this distinction between a collective responsibility, which is the system investment, and an individual jurisdictional responsibility, doesn’t necessarily translate into a 100% locally funded type of investment. He said so if the station and the parking facility that Spotsylvania is responsible for, is being paid for by a combination of grants and local funds, the 2.1% motor fuels tax.

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Supervisor Sili stated that takes him back to the Caroline line, because the 20 mile of track would have to be financed differently due to the fact that it is so far off the beaten path for the Northern Virginia localities, the interests is probably a lot lower.

Mr. Allen stated he would like to expand on that because that is a key point, that it is such a long distance between stations and the ridership potential because of the population density in Caroline, really doesn’t support that. He said so the standard model they have been using, again the number of riders getting on at Spotsylvania County is divided up by where the jurisdictions are coming from, but the incremental cost of extending down to Fredericksburg is very small compared to the incremental cost of extending all the way down to Caroline County. He said that is the reason for the difference of how they would have to approach something like this.

Supervisor Underwood asked about the jurisdictional cost and Mr. Allen said there are sources of money to assist with those costs, State and Federal funds, and asked if that was correct.

Mr. Allen said no, the jurisdictional sources, he presumes, would be the revenue that would come from the 2.1% gas tax. He said what Mr. Harf was referring to was when they have a cost for a station, they look for State and Federal grants to reduce that cost to the local jurisdictions and then the local jurisdiction revenue would pay for the remainder.

Supervisor Underwood stated so if the line were extended to Caroline, the expenses to other localities would increase.

Mr. Allen stated that due to the number of people that would use the services and the extension cost, they would have to figure it differently for Caroline County because of those unique issues.

Supervisor Underwood stated so the rail cars, operation expenses, etc., are all figured in.

Mr. Allen stated yes and also the track and operating costs.

Supervisor Underwood stated that Mr. Allen mentioned a bond they were getting ready to extinguish and asked how much that bond was for.

Mr. Allen stated it was like a $100 million bond and he believes it was for 15 years.

Supervisor Acors stated that they talked early on about what the monies could be used for, the revenue from the fuel tax, and asked if Mr. Harf could explain some of those to them as to what they can be used for other than transportation and road issues.

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Mr. Harf stated he would cite some examples from other jurisdictions. He said, for example, the City of Fredericksburg has used it for traffic signal work, sidewalk improvements, secondary road improvements and there has also been instances where money has been used for staff expenses associated with the Transportation Departments and Public Works Departments of the individual jurisdictions. He stated the City of Fredericksburg uses a portion of that motor fuels tax for a locally sponsored transit service that Caroline is acquainted with, FRED. He said the FRED service is paid for, in part, by the 2.1% motor fuels tax revenues.

He further stated so any qualifying transportation purpose is fair game. He said how that works is, the member jurisdiction will pass a resolution expressing an interest in having a specified amount of their 2.1% motor fuels tax revenue used for a particular transportation purpose, it then comes before the PRTC Board. He said there is a need for a concurrence and in the 15 years he has been present at PRTC, there has never been an instance where someone asked for the use of the motor fuels tax revenue that was denied by the Board.

Supervisor Acors asked about funding school buses with the motor fuels tax revenue because he read somewhere that school buses could be funded with that revenue.

Mr. Harf stated that is unchartered territory and he would have to explore that possibility further.

Mr. Partin stated he believes he was told that school buses could be funded with that revenue, but he will double check that.

Supervisor Acors asked Mr. Partin to check on that because that is a big cost for the County. He asked if there was an exact percentage established by the PRTC Board. He said in Caroline County, there is a difference in the revenue that you say will be generated through the fuel tax in Caroline County and then what, perhaps, the Commissioner of the Revenue has provided based on the number of gallons sold.

Mr. Harf stated he would be more inclined to trust your own “home grown” estimate; however, they did not want to overstate and so they relied on a per capita basis for estimating the fuel tax revenue. He said so their estimate at the time they furnished it, was something a little north of $2 million and the County’s was something in the neighborhood of $6 million. He said he cannot attest to the $6 million number, but he knows that their estimate was a per capital number and is probably understated.

Supervisor Acors asked what percentage of that PRTC and VRE would take off the top.

Mr. Harf stated that PRTC takes money off the top to defray administrative costs of the Commission and in 2012 it was an estimated $36,000 and $107,000 and change for VRE.

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Supervisor Acors stated that this is not the first time Caroline has looked at the possibility of joining PRTC, they looked at joining in 2006. He said they talked about the possible conditions to be put in place if Caroline joined in order to give the County an opportunity to build some surplus, some revenue in order to do certain projects. He asked if PRTC still does that.

Mr. Harf stated that was an attribute of the Spotsylvania agreement and it was not a forgiveness of an obligation, it was a deferral of an obligation. He explained the deferral amounted to a little more than two years and that deferral period has passed and the obligation has been fulfilled and Spotsylvania is now a contributor in the same fashion as the other member jurisdictions.

He stated he would also like to go back and talk about the perceptions from the PRTC Board. He said he thinks that there is recognition that there is uniqueness about Caroline’s joining and there are practical concerns about what the implications for governance will be on such things as quorum requirements, etc., that are coloring the thinking of the PRTC’s current Board. He said this is giving rise to the notion that maybe a membership arrangement of a different sort that would not have Caroline figuring in the quorum requirements and things that for a jurisdiction that is 80 miles removed, might have difficulty fulfilling.

Vice-Chair Taylor stated that Mr. Harf talked about the fact that the Board has concerns if Caroline decided to join. He asked what if Caroline did decide to join, what would be the next step and what would happen after that decision was made.

Mr. Harf stated he thinks that the PRTC Board and ultimately the VRE Operations Board would be on the receiving end of a resolution adopted by the Caroline Board, expressing that interest in a more formal way than it has been, and perhaps suggesting a set of terms and conditions under which Caroline would be interested in being entertained as a member. He said he thinks what that would do would be to set the stage for an ongoing negotiation between the parties.

Vice-Chair Taylor stated that other jurisdictions have cheaper fuel than some other areas that don’t belong. He said he asks about this because there has been so much concern about the cost of fuel and what it is going to do to the businesses. He asked Mr. Harf to talk about how that comes about and how is it that areas that belong to PRTC can have fuel that is cheaper than those that do not.

Mr. Harf stated that he believes Mr. Finchum articulated this situation very well in the earlier communications to the Board when he observed that there is as much variation in fuel prices within the jurisdictions as there are between jurisdictions. He said the fuel prices are very much a locally driven situation conditioned where you can find significant variances in fuel prices from service station to service station depending on where they happen to be within the jurisdiction. He said there is no evidence that they have been able to discern and Mr. Finchum was able to discern, that fuel prices, generally speaking,

Caroline County Board of Supervisors Meeting Minutes 11/26//2013 are higher in jurisdictions with the 2.1% fuel tax than they are in jurisdictions that don’t have the fuel tax. He said he really does believe it is a situation having to do with the proximity of large numbers of people who want to buy fuel and the presence or absence of competition from other service stations.

Vice-Chair Taylor stated that Mr. Harf talked about the State and Federal Grants that have been used to address financial issues for those who belong, but Caroline certainly does not belong. He said those Federal and State Grants are taken from Caroline’s tax dollars as well because they are paying into the State and Federal Government. He said so it would be good for some of Caroline’s citizens to benefit from those grants.

Mr. Harf stated you could almost characterize that as a missed opportunity because your tax dollars are ultimately underwriting the State and Federal Grants, and yet you are not in the position to receive a portion of that.

Chairman Thomas stated even though Mr. Harf said he was not here to sell anything, that seems to be a good sales job. He said with regard to a missed opportunity, they have 86 riders now and so PRTC and VRE really don’t care about that.

Mr. Harf stated he likes all of their riders, so he does care.

Chairman Thomas stated Mr. Harf doesn’t have a vested interest in where those 86 riders come from because they are basically being paid for by the rest of the system.

Mr. Harf stated that was correct, they are being absorbed by the rest of the system.

Chairman Thomas stated hypothetically, they are going to run a FRED bus, whatever, and have 500 people per day going from Caroline to the Spotsylvania station, and asked if they cared about those people.

Mr. Allen stated they talked about this earlier with the Board and Caroline will have easier access in Spotsylvania. He said if it gets to 500 riders, they may want to consider having an agreement to address those concerns. He said they want to be up front that any extension of actually going into Caroline is going to be expensive and present a lot of challenges. He said if the approach is, we don’t want an extension, we just want to help pay for the 500 riders that Caroline is going to bring to the station and the other arrangements can be dealt with, he thinks that PRTC would be willing to look at that.

Chairman Thomas stated that the key is, all fuel sales, you cannot separate diesel from gas.

Mr. Allen stated that was his understanding.

Chairman Thomas stated it would take an act from the General Assembly to separate diesel from gas. He said they have to look at that because Caroline has a lot of truck

Caroline County Board of Supervisors Meeting Minutes 11/26//2013 stops that sell a lot of diesel. He said there was some discussion about the reduction of transportation money from the State if you belong to PRTC.

Mr. Allen and Mr. Harf both stated they had not heard that.

Supervisor Black asked about the PRTC Board, itself, if Caroline were to join, what would be the membership.

Mr. Harf stated there are 17 members now and Caroline would be one more.

Supervisor Black stated so Caroline would be one member of 18. He said he would direct this comment to Vice-Chair Taylor, as far as commuters are concerned, they now have an official commuter parking lot in Caroline as part of being a member of the GWRC, and that is not being a member of PRTC. He said there have been discussions if ridership were to increase, they could also increase that number through GWRC.

Chairman Thomas stated that is part of their discussion, status quo, they just have their 86 riders or they just run the bus up to Fredericksburg and that makes a difference, or they just extend the line down and extending the line may be a 15 or 20 year process. He said they were going to deliberate some more and ask for PRTC’s indulgence at a later time.

♦ Treasurer’s Report

Treasurer Elizabeth Curran reminded everyone that tax bills are due next week, December 5th. She stated that the website is available and can take payments 24/7, and there is also the option to pay your tax bill at Union First Market Bank in Ladysmith and in Bowling Green. She said they are open on Friday and will have extended hours next week.

She stated the Revenue Report is included in the Board’s packet. She said it is the first quarter and they have been collecting delinquent taxes. She said that her office had sent final notices to the 2009 people trying to get them to pay and not have to send them to collections. She said the delinquent numbers are 25% of the budget, but are still down slightly from last summer when they did the first mass mailing.

She further stated that she has read Ms. Hatcher’s report and thinks her report covers the other revenue items so she will defer to Ms. Hatcher and not repeat information.

Chairman Thomas stated with regard to delinquent real estate and personal property, there is a considerable amount budgeted for delinquent personal property, and asked how they can collect that if for instance, he sold the car.

Ms. Curran stated they have DMV stops on people who have vehicles. She said even though you sold that car, if you have other personal property, they can hold that registration at DMV on another vehicle to collect the old taxes. She said they also have

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

up until about three weeks ago, they were putting tax liens on people for their wages and their bank accounts if they could find them, for those people who haven’t paid. She said sometimes the DMV stops do not work so then they go to the next step. She said they put a hold on that until after the holidays.

Chairman Thomas stated he does not recall the fourth quarter report, but there are about $400,000 in delinquent personal property tax that will need to be collected.

Ms. Curran stated they get a lot of delinquent personal property in the third quarter with State Income payments.

♦ FY 2014 First Quarter Budget Report

Finance Director Frances Hatcher stated that the first quarter financial report included in the Board’s packet compares actual revenues and expenditures in each of the County’s major funds and special revenue funds with the budget estimates and appropriations for the fiscal year ending June 30, 2014. She said the report is provided to keep management and the Board of Supervisors aware of the County’s financial status. She reminded everyone that this report is unaudited and is on a modified accrual basis, except for the utilities funds, which are on a full accrual basis. She said this more accurately reflects revenues and expenditures as they would be shown in the Comprehensive Annual Financial Report. She explained that a separate column has been added to reflect a cash basis for revenues.

She reported as may be seen in the summaries, 10.3% of budgeted revenues for the major funds have been collected or billed and 16.6% of budgeted expenditures have been expended.

She stated for the first quarter, General Fund revenues collected were $2,161,679 or 5.1% of budget estimates. She said the difference between the $2,161,679 of year-to-date revenues and $4,808,638 of cash revenues is the collection of revenues in July and August for the last fiscal year.

She further stated on a cash basis, property tax collections are slightly lower than the first quarter of 2013. She said local sales tax collected appears to be increasing after several quarters of declining revenue. She explained that this is due to the fact of several major construction projects and a turn in the economy. She said local communication taxes are slightly lower than the same period last fiscal year. She said business license collections are slightly higher in comparison with last year due to several major construction projects and a little due to the State Fair, while other revenue categories, except charges for services, are down. She said overall, expenditures are slightly below the 25% threshold as are most departments.

Ms. Hatcher stated that revenues and expenditures for Caroline County Schools are under the 25% threshold for the first quarter. She reported that Social Services revenues are

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

13.1% of the amended budgeted revenues. She said the difference between the year-to- date collected and the $582,590 of cash basis revenues is the collection of revenues in July and August for the prior fiscal year. She said expenditures for the quarter are 25% of budget. She said both revenues and expenditures for the quarter are slightly lower compared to the same period in fiscal year 2013.

She stated that Comprehensive Services Act revenues and expenditures are below the 25% threshold and $171,130 of the revenue collected is prior year revenue.

She then reported that the Debt Retirement Fund reflects revenues of 5.8%. She pointed out that transfers from the General Fund will not be reflected until the second quarter. She said meals tax revenues are higher than the same period last year and meals tax revenues are expected to increase due to the construction of McDonald’s and Golden Corral. She said expenditures reflect 58.4% of budget due to the timing of debt service payments.

She stated that operating revenues for the Caroline Utility Fund are 24.8% of the projected budget and this represents three months of billings. She said the availability fee revenue is 32.4% of budget, which is significantly higher than the same period last fiscal year. She said there have been 13 water and 13 sewer applications paid for in the three month period.

Ms. Hatcher stated that operating expenses for the Caroline Utility Fund are 18.5% of the budget, which is below the 25%. She said Debt Service payments for the Utility Fund are 57.8% of budget due to the timing of the Debt Service payments. She said it should be noted that actual operating revenues continue to be greater than actual operating expenses. She said for the three-month period, operating revenues were $238,583 higher than operating expenses.

She reported that the Dawn Wastewater Fund billed operating revenues are 35.9% of budget and 31% ($6,713) of the $65,000 billed is for penalties. She said operating expenses are 49.9% of budget and Debt Service for Dawn is 50% of budget due to the timing of the semi-annual payment.

She then reported that the Tourism Fund reflects 12.4% of revenue collected and 20.4% of expenditures for the third quarter. She said transient occupancy taxes continue to decline and are lower than the same period last year, even with increased enforcement collections. She said expenditures are below the 25% threshold.

Ms. Hatcher stated in conclusion, expenditures for the first quarter of the fiscal year for the major funds, except Debt Retirement, Caroline Utilities and the Dawn Wastewater Fund are below the 25% threshold. She said these funds are above 25% due to the timing of Debt Service payments. She said most major revenue sources appear to be steady. She said collection efforts have been increased for property taxes.

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Chairman Thomas stated that Ms. Hatcher has mentioned that there were 13 water and sewer connections, and asked if that was this quarter or those carried over from the last quarter.

Ms. Hatcher stated they have no carryovers since the Board changed how they are to be paid.

Chairman Thomas asked what that was compared to last year.

Ms. Hatcher stated she would have to get that for the Board because she does not have that information with her tonight.

In response to a question from Supervisor Sili, Ms. Hatcher stated 42 are in the budget.

Chairman Thomas stated he wants to know how that compares to the last quarter of the last fiscal year.

Ms. Hatcher stated she would have to get that information to the Board.

Mr. Partin stated that he could provide that information to the Board in the morning.

In response to a question from Chairman Thomas, Ms. Hatcher stated that the audit would be provided in January.

Chairman Thomas stated it would be good to see that before starting the budget process.

Ms. Hatcher stated she could tell them preliminarily that the General Fund ended up with a surplus of about $324,000 and their Fund Balance is a little over $10 million.

Supervisor Acors stated last year during the process of the audit, there was a lot of concerns by the auditor and it ended up costing them almost double, $30,000 or more. He asked if they were finding that trend has gone away.

Ms. Hatcher said yes, everything is moving along nicely. She said the cost transmittal has already been sent to the State, which was due by November 30th. She said she still has statistical reports and they are still working on some fixed assets. She said in her efforts to continue to clean up things that she has found from the past, they will be re- stating fixed assets again this year and that is part of the hold up because she found where things were not quite what they were supposed to be and they are working on it. She said they are still trying to get the information they need to put the rest of the assets up from the State Fair Utility System.

2. APPOINTMENTS

♦ Bay Consortium Workforce Investment Board

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

In response to a question from Supervisor Sili, Assistant County Administrator Alan Partin stated that he did not recall who served as the County’s representative on this board in the past, but the position has been vacant for a while.

Chairman Thomas stated that this appointment would be discussed again at the next meeting.

3. CONSENT AGENDA

Supervisor Acors moved and Supervisor Underwood seconded to approve the following Consent Agenda items as presented.

A) Approval of Warrants

Action Taken: Approval of the following warrants:

General Fund $390,917.00 Law Library 420.00 Tourism 3,155.00 Capital Improvements Fund 82,625.00 Debt Retirement 2,500.00 Carmel Church Utilities 187,842.00 Dawn Wastewater Fund 904.00

TOTAL $685,969.00

B) Approval of Planning Commission Schedule

Action Taken: The Board reviewed the actions taken by the Planning Commission at its November 20, 2013 meeting and no actions were necessary.

C) Proposed Purchase of New Chiller for Administrative Building

Action Taken: Approval of the purchase of a new chiller for the Administrative Office Building from EMC in the amount of $41,675.80. Funds for this purchase will be taken from the FY 2014 Undesignated Fund Balance.

D) Declaration of Surplus Property (1987 Sheriff’s Office Van)

Action Taken: The Board declared a 1987 Step Van with 78,669 miles on it as as surplus property and authorized staff to sell. The van was previously utilized by the Sheriff’s Department and is no longer considered usable.

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

E) Approval of Right-of-Way Easement Agreement and Underground Facilities Responsibility Agreement for Installation of Electrical Service at YMCA Site

Action Taken: Staff was authorized to execute the Right-of-Way Easement Agreement and Underground Facilities Responsibility Agreement on behalf of the County at the YMCA site.

F) Approval of Supplemental Appropriation to FY 2013/14 School Budget (Project Graduation Grant, 21st Century Community Learning Centers Grant and Title III, Part A Grant)

Action Taken: Approval of supplemental appropriations to the FY 2013/2014 School budget for the Project Graduation Grant, 21st Century Community Learning Grant and Title III, Part A (LEP) Funds. No local match is required.

G) Adoption of a Resolution Declaring December 5, 2013 “Senior Citizens Day in Caroline County” in Hon or of the Senior Citizens Gala

Action Taken: Adoption of the following resolution:

R35/13

A RESOLUTION DECLARING DECEMBER 5, 2013 “SENIOR CITIZEN’S DAY” IN CAROLINE COUNTY

WHEREAS, senior citizens are a cherished and important part of Caroline County and hold a special place in the hearts of its people; and

WHEREAS, as a gesture of appreciation for our senior citizens, the Caroline Rotary Club will hold its fourteenth annual “Golden Years Gala Holiday Reception” on December 5, 2013 at Caroline High School; and

WHEREAS, the event features fellowship, dancing, a gourmet meal prepared and served by Caroline High School Culinary Arts Department and gifts for the senior citizens; and

WHEREAS, the gala is eagerly anticipated each year by senior citizens and has become a valued tradition in Caroline County.

NOW, THEREFORE BE IT RESOLVED that the Caroline County Board of Supervisors hereby declares December 5, 2013 “Senior

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

Citizens Day” in Caroline County in conjunction with the tenth annual “Golden Years Gala Holiday Reception”.

BE IT FURTHER RESOLVED that the Board hereby expresses its gratitude and appreciation to the Caroline Rotary Club for organizing this wonderful event.

Adopted this 26th day of November 2013.

Roll Call Vote: Acors Yea Black Yea Sili Yea Taylor Yea Thomas Yea Underwood Yea

Chairman Thomas asked if there was anyone present who would like to discuss the Farm Tenant Housing Text Amendments.

A person in the audience stated that they had some questions.

Chairman Thomas stated that he was asking because the Board of Supervisors are not going to address the text amendments tonight. He explained that the text amendments came to the Board of Supervisors from the Planning Commission with a recommendation to take no action, to send it back to them to allow them to take a better look at it. He said he wanted to make sure no one was sitting here expecting to talk about those Text Amendments, because they are not going to do the Farm Subsidy. He said that is going to be a discussion at the Planning Commission and with Board consensus, they are going to send them back to the Planning Commission and ask them to take another look before they bring it back, and to have the Farm Bureau and Extension Office involved.

*The Board took a recess at approximately 7:25 p.m. and reconvened the meeting at approximately 7:50 p.m.*

PUBLIC COMMENTS

Chairman Thomas explained the rules for the Public Comments section. He stated they will have a public hearing for the Town of Port Royal after Public Comments.

He stated in addition, they are also not going to address Agenda Item #6, which are the Farm Text Amendments, and if there is anyone here for that, again, that will not be addressed this evening. He said again, as he said before the break, they are going to send it back to the Planning Commission and allow them a couple of months to look at it and to get input from the Farm Bureau and Extension Office and then come back with recommendations.

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Chairman Thomas declared the Public Comment period open.

(Public comments are verbatim)

Tammi Best, of the Port Royal District, stated that she wants to know why this Board and Planning & Zoning did not do its due diligence before changing the Fireworks Ordinance. She said if any of you had bothered to call the Department of Agriculture or the Department of Game and Inland Fisheries, you would have found out that they oppose fireworks in a rural area with livestock.

She stated that she has now been threatened that my horse will be removed by the Department of Agriculture for animal cruelty and she will be fined or sent to jail and not be allowed to own another animal. She said she thinks this County needs to do its due diligence and quit making special exceptions for one person in this County only.

There were no further speakers and Chairman Thomas declared the Public Comment period closed.

PUBLIC HEARINGS

4. PROPOSED BOUNDARY ADJUSTMENT WITH TOWN OF PORT ROYAL

Chairman Thomas stated that a map of the proposed boundary adjustment with the Town of Port Royal was included in the Board’s packet and also on the screen behind the Board members for everyone to see. He asked Mayor Long if she would like to make a presentation on behalf of the Town of Port Royal, or some of her designees.

Mayor Nancy Long stated that she thinks they are fine and believes they covered everything at the worksession. She said they are thankful that the Board has worked with them so nicely on this and she is just going to take this opportunity to wish the Board a Happy Thanksgiving and she hopes they get to enjoy their day peacefully. She said thank you and have a good weekend.

Chairman Thomas thanked Mayor Long for warm wishes. He said again, they are going to open the Public Hearing for the boundary adjustment for the Town of Port Royal in just a second. He said again, this is the boundary adjustment that is being proposed. He said so everyone understands, this is again, an all or nothing public hearing. He said the boundary adjustment as it is, you either like it or you don’t like it, and any changes – if we were to make any changes to this boundary adjustment, they would, again, have to have another public hearing.

He then declared the public hearing for the proposed Port Royal boundary adjustment to be open. He asked if there was anyone who would like to speak regarding this matter.

(Public Hearings are verbatim)

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

Peter Bisonte, with the Law Firm of Lemming, Healy, P.C., stated that he represents the interests of C. B. Holloway who owns 120 acres of farmland in Caroline County, which is actually being used to conduct agricultural operations. He said it is their understanding that a portion of his land will be incorporated into the Town by virtue of this agreement.

He stated that Mr. Holloway objects to the use of the boundary line adjustment process that is cited in this agreement, as we believe that it is an inappropriate vehicle for expanding the boundaries of a municipality. He said in order to expand the municipality’s boundaries by a factor of five as you all are proposing in this agreement, we believe that the voluntary annexation procedures set forth in Virginia Code Section 15.2-3400, need to be followed as well as the regulations of the Commission on Local Government. He said under these procedures, the Town and County must present the proposed agreement to the Commission on Local Government so it can hold a public hearing, so it can issue its findings and recommendations. He said also, when the agreement is proposing to expand municipal boundaries, the regulations of the Commission of Local Government require the locality to submit relevant evidence on the agreement, which includes any adverse impact on agricultural operations such as Mr. Holloway’s.

He further stated after the Commission issues its findings and recommendations of those procedures, the localities must each both pass an ordinance adopting the agreement and then they must petition to the Circuit Court to get the Supreme Court to get a special annexation Court designated, and they would have to affirm or deny the agreement after determining that the agreement is in the best interests of the Commonwealth as well as the affected parties.

Mr. Bisonte stated that Mr. Holloway is opposed to any portion of his property being incorporated into the Town because he believes that the Town does not have the resources or the regulatory scheme in place to effectively oversee agricultural operations. He said Mr. Holloway is also concerned about double taxation and he does not believe that the Town would benefit from incorporation because it would not generate any business revenue to the Town, and it would also not assist the Town in getting the infrastructure grant to upgrade its water supply system because his farmland does not use any public water.

He stated that Mr. Holloway believes that the independent substantive review by the Commission and by the Special Annexation Court is necessary to protect his interests as an objecting property owner and the area that is sought to be annexed. He said under the boundary line adjustment process that is being cited in this agreement, there would be no such independent review, it would merely be reviewed by the local Circuit Court to see whether procedural formalities were complied with.

He then stated that Mr. Holloway believes that the Town is annexing his land under the guise of a boundary line adjustment agreement.

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Chairman Thomas asked if Mr. Bisonte was finished.

Mr. Bisonte said yes.

Chairman Thomas said his time was up.

There were no additional speakers and Chairman Thomas declared the public hearing closed.

Vice-Chair Taylor stated they have talked about this issue, met about this issue, talked with landowners, and done everything that they deem necessary in order to make an informed decision. He said it was his understanding that the boundary line adjustment is a method by which two localities can agree to extend the boundaries of a particular area. He said if both local governing bodies can agree on the boundary and there are no conditions, then this is one way of addressing this issue.

He stated that the Board has talked about it, they have listened, they have made adjustments, the Town has done the same, and having said that, unless there are other concerns from other Board members, he would like to make a motion at this time.

Vice-Chair Taylor moved and Supervisor Sili seconded to adopt the proposed boundary line adjustment with the Town of Port Royal as presented.

Chairman Thomas stated they have complied with the Laws of the Commonwealth.

Roll Call Vote: Acors Yea Black Yea Sili Yea Taylor Yea Thomas Yea Underwood Yea

Chairman Thomas stated they have an agreement in the Board’s packet that staff will prepare and will have signed at the earliest convenience.

5. SPEX-03-2013 – HILL, JAMES E. OWNER/APPLICANT: Request a Special Exception Permit in accordance with Article XVII, Section 13 (Standards for Special Use Permits) and Article IV (RP Rural Preservation), Section 5.9 of the Caroline County Zoning Ordinance on Tax Map # 74-A-68 and tax map #74-A-70 (part of) consisting of a combined total of 33.13 acres, more or less. This property is located at 21529 Bagby Road, Bowling Green Voting District. Proposed Use: Sawmill. The 2030 Comprehensive Plan identifies this area as being located within the Sparta Agricultural Preserve Area and designated as Agricultural Preservation with a density of one dwelling unit per twenty-five acres of land.

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Director of Planning & Community Development Michael Finchum, stated that the applicant is requesting a Special Exception Permit to reopen an existing sawmill on property that is zoned Rural Preservation in the Bowling Green District. He said because the sawmill has been closed for more than two years, it has lost its status as a pre- existing, non-conforming use and; therefore, is subject to the current zoning regulations which require the Board to grant a Special Exception permit to reopen this operation.

He stated that staff did submit the application to various technical and review agencies and those agencies that did respond include the Health Department and Virginia Department of Transportation. He said their concerns were addressed in the suggested conditions that were forwarded by the Planning Commission.

He stated that staff has reviewed the conditions and they have noted a couple of minor changes that they would recommend to the Board. He said with Condition #2, they would recommend that you strike the last portion of the sentence that says “that would require a site plan within 30 days of approval”. He said depending on the logistics, that is not something that they typically have required. He said they do require the to-wit or the official Board action, but it may take a little bit longer to get a site plan. He said they think that should be amended.

Mr. Finchum further stated that under Condition #6 where they had a 50-foot buffer, they would also suggest that language be added stating “unless a reduction or waiver of this buffer is agreed to in writing by the abutting property owners.” He said that would give some flexibility in terms of the ability to store produce on site. He said they have talked to the applicant and he believes they have some requested modifications to the hours of operation, which they will discuss as part of the public comment.

He stated that the Planning Commission did forward this application to the Board of Supervisors with a recommendation of approval. He said if the Board remembers, this was an expedited public hearing as an Economic Development prospect. He then said with that, he would address any questions that the Board may have.

Chairman Thomas stated that Mr. Finchum did say during the overview, that they had lost their “grandfather” status because it was not used as a sawmill for two years.

Mr. Finchum stated that was correct.

Chairman Thomas asked if two years is the time limit.

Mr. Finchum stated that was correct.

Chairman Thomas asked if there were any other questions for Mr. Finchum at this time.

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Supervisor Underwood asked if there were any issues during the time it was in operation as a sawmill.

Mr. Finchum stated that they did not see any issues identified in the file and in fact, the Board at one time, had previously approved a Special Exception Permit for an expansion of the sawmill. He said he does not believe that expansion ever actually occurred, but there was an application for a Special Exception in 2006-2007 timeframe that was approved.

Chairman Thomas invited the representative of the applicant to make a presentation.

Maynard Penny stated that he was the Real Estate Agent for James Hill who is not here. He said briefly, this sawmill – this land has been in sawmill use since 1969. He said Tom Ball, who previously served on the Planning Commission, started it on his land and he sold it to James Hill. He said James Hill operated it until approximately 2009 and sold the equipment out and wants to sell the property.

He stated that the gentleman who wants to purchase it, would operate a sawmill, basically, the same as it has been operated in previous years. He said he does not know a whole lot more to say, but let him introduce the Board to Mr. Bill McCauley from Pennsylvania and he is the Owner/President of John Rock, Incorporated, which is one of the largest pallet industries in the United States.

Bill McCauley, President of John Rock, Incorporated, stated they were one of the largest pallet manufacturers in the United States. He said they draw lumber from Virginia, West Virginia, Maryland, Delaware and Pennsylvania. He said as you know, the recession was extremely difficult on a number of sawmills and they had gone out of business, and John Rock is looking to expand their operations. He said they found this piece of property, it was a sawmill already and it’s in a good location for material.

He stated since they have expressed interest and have spent time at the site, they have had at least 15 people come by looking for jobs and that is what they are here to do, folks, they are here to bring you jobs and they want to build and operate a State of the Art mill. He said the main building today – it will exist on the same footprint. He said they have to update and modernize the building as they won’t be able to get insurance if they leave it in the current status. He said insurance regulations are requiring a steel building. He said as far as you can see from the road, it would operate the same as it did since 1969.

There were no further questions from the Board and Chairman Thomas declared the public hearing open on SPEX-03-2013 – Hill, James E. Owner/Applicant.

(Public Hearings are verbatim)

Crystal Harless, of the Bowling Green District, stated that she owns two properties next to the sawmill -- the road is not wide enough. She said it is not wide enough for two cars

Caroline County Board of Supervisors Meeting Minutes 11/26//2013 to safely pass. She said she doesn’t know if the Town or you are going to take the responsibility of lives in your hands. She said the rumor is, you know, they want to put trailers, hire illegal immigrants, I don’t know. She said she knows she worries about her safety. She said there are people that walk down that road, there are cars. She said she is personally going to call VDOT because she doesn’t think it was approved for a truck and a car to be on an old carriage road, no.

She stated that she knows you want money, she heard the budget, it sounds all good, but you are taking people’s lives. She said if you do this, it’s going to be on you. She said there is a curve, and you can come to her house, you are welcome, there is a curve right there that a truck and a car will not get by. She said the truck won’t see the car. She said when they come about, they won’t see each other and there is a bridge that a truck and a car cannot safely pass. She said it is just not worth it, you know. She said sorry, you can get your money elsewhere, but it is not lives. She said she doesn’t know what they are planning, but that was why she was worried about the farmhouses. She asked are people not going to pay somebody good wages and want farmhouses. She said pay them so they can go rent a house.

There were no further public comments and Chairman Thomas declared the public hearing closed.

Chairman Thomas asked Mr. Finchum to come back to the podium. He said he was looking for the VDOT report and it basically just says, provide daily trip rates and sight distance verification.

Mr. Finchum said yes.

Chairman Thomas stated that he does not see where VDOT says the road is okay. He referred to Ms. Harless’ question and said the County is not necessarily responsible for roads, VDOT is responsible for all roads. He asked where the VDOT recommendation was.

Mr. Finchum stated the VDOT recommendation was included in Condition #8.

Chairman Thomas said Condition #8 says: “The applicant shall construct or cause to be constructed, all road and site/entrance improvements to meet the standards of the Virginia Department of Transportation.”

Mr. Finchum stated Chairman Thomas was correct that they did not specifically speak to the width of the road, but they did identify a question about sight distance and have asked for, and as part of the approval, would have to submit the traffic, trip generation figures from the proposed facility, looking at sight distance, access, etc. He said but they did not specifically address road width, Chairman Thomas is correct.

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Chairman Thomas stated he was not sure where Ms. Harless’ house is in relation to the property, but this was a sawmill back when he had hair, so that was a long time ago. He said the reality is, do they have any accident history between then and now.

Mr. Finchum stated they could check with VDOT to see what accident history they do have.

Chairman Thomas said okay, but they did not provide any.

Mr. Finchum stated they did not provide any accident history, no, or did not identify that as a concern or an issue.

Chairman Thomas stated it just seems odd that there is not a VDOT report in this. He said he knows it is a Special Exception, but it just seems odd. He asked if Board members had questions of Mr. Finchum or the applicant at this time.

Supervisor Black said he had a question of the applicant about the jobs.

Chairman Thomas stated that Mr. McCauley could now come back up.

Supervisor Black stated Mr. McCauley said it was about 14 jobs, 12 or 14 jobs.

Mr. McCauley stated yes, sir.

Supervisor Black asked if those jobs were going to be local, Caroline County jobs.

Mr. McCauley said yes.

Supervisor Black stated he means they would be local people.

Mr. McCauley stated yes, they are looking to hire managers, a secretary, mechanics, loader operators, general laborers, but the estimate is 12 to 14 people. He said if all things go well, it should go up.

Supervisor Sili stated he has talked with the previous owner when that was still a sawmill. He said a number of the folks that they employed, live around that area and he is sure those are the same folks. He said he has talked to a few of them and they are excited about that actually coming back. He said so, again, he thinks it is the folks that have been there in the past.

Supervisor Underwood stated he wanted to ask Mr. Finchum about the road. He asked if the road that the sawmill is going to be on, if there are standards that need to be set for that road there or would they have to talk to VDOT about that.

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Mr. Finchum stated that it is currently a VDOT maintained road. He said in terms of additional standards for upgrading that road, yes, that would be a VDOT issue.

Supervisor Underwood asked if Mr. Finchum agreed that, that road may need to be upgraded in order to facilitate the traffic.

Mr. Finchum stated he would leave that to VDOT. He said there may be some spot improvements. He said VDOT had a question about sight distance, obviously they are going to look at the sight distance issues at locations as part of the site plan review and approval. He said; however, in terms of additional width, they have similar facilities elsewhere in the County on roads this size as well, and so he would leave that up to VDOT. He said he would defer to VDOT in terms of answering that question.

Chairman Thomas stated so what Mr. Finchum is saying is that they do not have an answer to the question because VDOT is not here and they did not give them a report.

Mr. Finchum said yes. He said they received an e-mail from VDOT and these are their answers, or these were their issues that they identified.

Supervisor Underwood stated his concern is that, again, there is a safety issue that they need to rectify prior to making a decision here. He said they need all of the facts, rather than just some of the facts, if it is indeed a safety issue, he was just not sure.

Chairman Thomas stated that Supervisor Underwood makes a valid point. He said again, they don’t know what VDOT will do with the Condition #8, which is really the entrance issue, because if the entrance issue is at one location and a quarter mile up or down the road, whichever way you go, there’s a sharp curve that Ms. Harless referenced, VDOT fixing the entrance won’t necessarily alleviate the concern she has.

Mr. Finchum said potentially, that is correct.

Chairman Thomas stated they don’t even know that because they, again, don’t have a VDOT report. He said he understands the administration is changing and things happen at VDOT like that all the time, but it kind of causes a slight issue.

Supervisor Acors stated that he does not recall in the years he has been on this Board, of anyone requesting – because trucks have had to go up and down that road in the past. He said he knows that from where it’s located, the Bagby area, there are log trucks and what have you, travel those roads. He said he doesn’t know if any travels this particular road or not. He asked if anyone knows if trucks, log trucks or any type of trucks travel this road.

Mr. McCauley stated he has been down here a half a dozen times in the last three months and he sees log trucks every day.

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Chairman Thomas asked Mr. McCauley to step up to the podium so his voice could be recorded.

Mr. McCauley said yes, he had been curious himself about log trucks and logs being on that road, and there have been log trucks going up and down every day. He said so why not, they stop at the mill.

He stated that he would also like to address one other thing, he won’t let it go, folks, is that he has no intent of bringing in housing and campers and putting Mexicans in there on the property. He said he wanted to straighten that out, okay.

Chairman Thomas stated that was not a point they are going to address with Mr. McCauley, but that’s fine.

Supervisor Acors stated his point was that they have had instances in the past and some roads in the past that it was difficult for log trucks to go down and to pass a car. He said and they went to VDOT and they were able to restrict those roads because they were so narrow; however, he does not recall ever having a request for this particular road for that to happen. He said so that has to say to him that it is large enough for trucks to go up and down and for cars to pass each other.

Supervisor Underwood said not necessarily, that was an assumption.

Supervisor Acors stated that everything they do has to be an assumption, but the fact is, since 1969 –

Supervisor Underwood stated because there has not been a request, doesn’t mean that it is not an issue.

Supervisor Acors said most people –

Supervisor Underwood said just because it hasn’t been addressed, doesn’t mean that it is not an issue.

Building Official Kevin Wightman stated that he wanted to make a comment and say that he lives out there. He said he moved here in 2001. He said there are logs trucks, and the County’s transfer site is probably 200 yards past this sawmill .

Supervisor Underwood asked on this road?

Mr. Wightman said yes, sir. He said so our trucks that pick up our dumpsters are there every day. He said so from 2001 when he moved here to 2009, it shut down, log trucks are there every day dumping logs. He said so it’s a standard road, just like his road, Dodge City Road, the same size, logs trucks, Liberty Fork, he said it is a standard practice out there.

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

Supervisor Acors stated he was not sure the road is as wide as they would like to have them, you know, Route 639 is a pretty wide road, Ladysmith Road, but he would like to see it a little wider, to be honest with you, because it does give you more room to maneuver.

He stated he was just saying that since 1969, if there had been an issue, yes, he has assumed, but the fact is, he can tell you, people do not allow problems to exist 40 years without letting it be known and that is all he was trying to say. He said if there had been an issue, but his thoughts were, if there were issues and do they have it on record that it has been requested by VDOT and they never –

Chairman Thomas stated that Mr. Ball was actually the owner of this sawmill and was his neighbor and friend. He said unfortunately, he never visited the sawmill, but he is sure Ms. Morgan, his daughter, did. He asked Ms. Morgan if she recalled any problems with traffic.

Susan Morgan stated that farms trucks use the road every day and there were no accidents or problems to her knowledge.

Chairman Thomas stated that Ms. Morgan has said that in her time, and he is sure she was a very little girl in 1969, she doesn’t know anything about accidents or problems.

Chairman Thomas stated he was kind of not sure, they still have to work through the process, but he just saw Ms. Morgan and knew that was a good connection. He asked Vice-Chair Taylor if he had any questions.

Vice-Chair Taylor stated yes, and asked Mr. McCauley if he was willing to address a problem if one exists. He said maybe there is just a perception, but certainly if there is a circumstance, and nothing is ideal, obviously, but, you know, if there is a concern, a traffic concern where it is dangerous, he has not heard of it before. He said he knows there was a sawmill operation there for many, many years and to his knowledge, there has not been an issue.

He said so, his thing is, he would like for Mr. McCauley to do what he wants to do, but if there is a legitimate safety factor, he would like that to be addressed. He asked if he was willing to do that.

Mr. McCauley stated yes, sir, they are willing to work with VDOT, whatever it takes, you know, within reason. He said if they come out and do a study and say they need to improve a curve, they will support it. He said he would say, trucks use it every day. He said they had that same situation in Pennsylvania. He said Pennsylvania deals with them all the time and that’s where they are from, and they have the same thing. They have milk trucks going down roads that are not as nice as Bagby Road, every day.

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Vice-Chair Taylor asked Mr. Finchum, if they were to approve this Special Exception, how could they be assured that, that issue would be addressed satisfactorily.

Mr. Finchum stated if Vice-Chair Taylor would allow him a few moments to converse with Ms. Cosby, he said he would see if they can’t come up with something.

Chairman Thomas stated before Mr. Finchum does that, it was said in the presentation that there was some discussion about different hours. He said they didn’t mention it –

Mr. Finchum stated he would leave that to the applicant; however, there was a concern expressed to staff.

Chairman Thomas stated while Mr. Finchum talks to Ms. Cosby, he will ask Mr. Penny who is representing the applicant and Mr. McCauley, about the hours of operation. He said in the Special Exception conditions they have in front of them, it indicates they are going to operate from 7 a.m. to 5 p.m. Monday through Friday and 8 to noon on Saturday. He said operations on Sunday will be prohibited.

Mr. Penny stated the hours, they do not want to operate on Sunday. He said the hours during the week, it’s kind of hard to operate, say you’re going to operate it from 7 a.m. to 5 p.m., because you don’t know at this point, what is going to be required. He said you don’t know how much is coming in, who is going to bring it. He said you might need a longer span because when trucks come in, you can’t just turn them down at 5 o’clock and say that “we’re not going to unload you.” He said that is the problem that Mr. McCauley has with that, he would like to have some liberty on that to expand that a little bit.

Chairman Thomas stated this would be, more than likely, enforced by Planning or Mr. Wightman. He said he is sure that Mr. Wightman won’t be home by 5 o’clock because he works for the County. He said so if he gets out there at 6 o’clock and you’re unloading trucks, that’s probably a little past the leeway. He asked if they wanted to change the hours or do they just want a little more leeway and understanding during the hours.

Mr. McCauley stated he would just like to keep it real and apply commonsense here. He said they are entering into a venture that they don’t know what the hours are going to be and he thinks the major concern that people have, and he addressed this same concern with his brand new plant in Pennsylvania 10 years ago, it’s always about noise, how much noise you are going to have. He said the noise will be contained, it will meet the noise ordinances. He said he cannot tell the Board right now, 7 a.m. to 5 p.m., he means, it’s very unrealistic for the Board or anybody to ask somebody to invest $5 million and hogtie them. He said he is just asking and he will work with the Board, and if there are complaints, he wants to know about it and they will address it.

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He stated he has had little issues up at his plant in Pennsylvania, they didn’t like a beeper on the back of his front-end loader and so they put duct tape over it and they calmed it down.

Chairman Thomas said okay, but Mr. McCauley has to be a little more specific about his working with the Board.

Mr. McCauley stated that he requested – the mill, he thinks it is about the operations of the mill. He said the mill, say 6 o’clock in the morning until potentially, 8 or 9 o’clock at night. He said if he gets overrun with logs and he has to get them processed, it is going to take more hours to get them processed.

Chairman Thomas asked how they would work around that.

Supervisor Acors asked how far away was the closest house to the operation.

Mr. McCauley stated it was a half mile, that he knows of. He asked Ms. Harless about the location of her house.

Chairman Thomas asked Ms. Harless to come to the microphone so they could hear what she was saying.

Ms. Harless stated it was the yellow house down the road. She said the other trucks are on the road twice a year, not every day.

Chairman Thomas asked her how close she was to the mill.

Ms. Harless stated she can walk and she is a half a mile away.

Chairman Thomas said okay, a half a mile away.

Ms. Harless said yeah, and she’s not going to be woken up at 7 o’clock on a Saturday morning.

Chairman Thomas said well, they have 8 to noon on Saturday.

Ms. Harless stated she was up at 5 during the week, but not on a Saturday morning.

Chairman Thomas said okay.

Supervisor Underwood asked about Mr. McCauley’s Pennsylvania operation, and if typically, there is a certain season that he has overruns of material coming in to be processed or is it sporadic.

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Mr. McCauley said no, it happens, depending on demand. He said weather has a lot to do with it.

Supervisor Underwood clarified that he was asking if there were patterns or is it just sporadic.

Mr. McCauley stated he would say it was sporadic. He said the problem with the regulations with logging and all, if they just had a rain storm, okay, today a lot of log trucks are running because they won’t be able to run tomorrow and they won’t be able to get it out of the woods. He said he means that’s why it’s not productive. He said he cannot ask all the log trucks, if it rains Monday through Thursday and they can’t haul them in, he needs them to run on Friday and Saturdays. He said it was just that he doesn’t control Mother Nature. However, understands the concern.

Supervisor Underwood stated that he understood Mr. McCauley’s point as well. However, the Board of Supervisors would like to have some predictability as to what is going to occur in order to make an educated decision. He said so Mr. McCauley is saying that it is just sporadic and that is not the words he wants to hear, he likes control.

Mr. McCauley stated he completely understands. He said if they give him some leeway – he said he didn’t know what to tell them other than he doesn’t know until they get into it.

Supervisor Underwood stated he is basing it on that he is already operating a sawmill in Pennsylvania, and he is asking for leeway, but he is not specific as to the leeway that he needs other than to say, he needs this or he needs that. He said Mr. McCauley was not giving him perimeters.

Mr. McCauley stated their hours in Pennsylvania are 6 a.m. to 6:30 p.m., and their normal operating hours Monday through Friday. He said Saturday is 6 a.m. until usually noon. He said this time of year is not quite as busy, they are not operating it at noon. He said they are not planning to operate the sawmill on Saturdays under normal conditions. He said normal sawmills work 40 to 45 hours per week, sometimes 50. He said Saturday is the day for maintenance and you have to maintain the mill or it won’t run.

Supervisor Underwood stated he understands that, but Mr. McCauley has to give him a little something to work with, a perimeter a time. He said he appreciates the 6 to 6:30, it makes a lot of sense to him, he can look at that. He said in the summertime the sun goes down at 9 o’clock and he can take a look at that, but he appreciates, at least, the time frame.

Mr. McCauley stated he likes the discussion and they want to try to, he said, believe me, they want to work with the Board. He said just tell him what they need and they will try to work with it. He said if you want to say 6 o’clock in the morning, they won’t receive trucks before 6 a.m. and go until dusk or a half hour after dusk is realistic because they don’t – you know, summertime, they’re going to be done by 7 o’clock, is his guess. He

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said; however, occasionally, there is going to be that truck that broke down and he needs to get unloaded.

Chairman Thomas asked Mr. Finchum, under normal circumstances, with a Special Exception, if they would take these conditions as are or if any modifications to the conditions would require an update to the Special Exception. He asked if they had the ability to allow staff to modify those hours periodically with the approval of the Board or something of that nature, or if they could make that a condition.

Mr. Finchum stated that he believes they are delegating an authority that he is not sure, but he would defer to the County Attorney.

Chairman Thomas then asked if the Board of Supervisors can do it and if conditions could be set up saying we’re going to run from 7 a.m. to 6 p.m., and then if Mr. McCauley comes back and says, he needs another hour either way or something like that, they could administratively do it rather than have him go through the entire process again. He asked if he could make that a condition. He said he could make a condition that said the hours will be reviewed every six months, and then Mr. McCauley comes to the Board and they say, every six months, and say you go from 8 to 6 or whatever, and it could be on the Consent Agenda.

Supervisor Acors asked if they could establish hours in this condition here that says from, and he is just using a figure, January 1st through April 1st or May 15th, his hours are this and then May 15th or 16th through October 31st, they are this. He asked if they could establish the hours by month.

County Attorney Ann Neil Cosby stated yes, they could do that. She said in answer to Chairman Thomas’ question, she is not sure that, specifically, the way he is describing it, they could do it administratively; however, they could set something up so that the hours would be 6, and then provided you don’t get any more than “X” written complaints, they could come back in, so that the standard is already established, so that you would reconsider it as a legislative action, but the hours are this and they may be changed to something else provided that within six months, certain criteria are or are not met. She said as long as you did that in this condition, you could do that in the future.

Chairman Thomas stated they could just say in this condition, hours may be reviewed every six months.

Ms. Cosby stated she did not think they could do – that is more of a legislative – then you would sort of be reopening it.

Supervisor Sili asked what if they set 6 a.m. to 6:30 p.m. Monday through Friday and, again, leave it until 8 to noon on Saturday as normal operating hours, and then add a seasonal condition of daylight hours during the summer. He said he was trying to give

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

him set hours that he knows he can work and then additional hours in the summer if he needs them.

Chairman Thomas stated he is trying to get set hours so the residents know when those trucks will be coming through.

Supervisor Acors stated that Mr. McCauley talked in terms of unloading trucks and he understands that there are times when he would want to start at 6 a.m. and may want to go until 7 p.m. or 8 p.m. He said unloading those trucks, other than the beeping of the forklift that you’re unloading logs off with, there shouldn’t be a lot of noise. He said the noise may come from the operation of the sawmill itself.

Mr. McCauley said yes. He said they have to remember that the trucks that would be coming in and out hauling chips and sawdust is a normal vehicle that is on every other road in the State of Virginia. He said but as far as operation hours, if they want to put operation hours, say 6 a.m. to 6:30 p.m., and then if they could maybe do 7 a.m. to noon on Saturday, and ma’am, he will try not to start before 7, he’s asking for 8. He said believe it or not, he does like happy neighbors, he really does, and he has a bunch of happy ones in Pennsylvania. He said so they can work with that, as far as operating the mill.

Supervisor Acors stated he is saying to put operations on the mill and not necessarily look at the unloading of trucks.

Chairman Thomas said right, mill operation.

Supervisor Sili stated exactly, those are two different things.

Chairman Thomas stated he still wants to say 8 o’clock on the mill on Saturday.

Mr. McCauley stated he would give her 8 a.m. on Saturday.

Chairman Thomas stated that was fair.

Supervisor Sili stated 6 a.m. to 6:30 p.m. during Monday through Friday.

Mr. McCauley stated yes, 6 a.m. to 6:30 p.m. for the operation of the mill.

Supervisor Sili asked about 7 a.m. to 6:30 p.m.

Mr. McCauley stated people like to start early. He said people like that want to start early, especially in the summertime because it gets hot.

Supervisor Sili stated 6 a.m. to 6:30 p.m. and then 8 a.m. to noon on Saturday for time.

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Chairman Thomas stated if they do that, they can still do a one-year review and a one- year review says at the end of the year, you come back to the Board, if everything is fine, they renew it.

Mr. Finchum asked if it was review or renewal. He explained a review is, typically, what the Board does, you come back a year from the date of the issuance of the Certificate of Occupancy and review the operation conditions. He said then if you decide that there needs to be changes, then you can go through the renewal process.

Supervisor Acors stated so Condition #9 needs to be changed to one year.

Mr. Finchum stated he would change that to say “The Board of Supervisors shall review this permit one-year from the date of the issuance of the Certificate of Occupancy.”

Supervisor Acors stated he wanted to make sure he understands, they are talking about the operation of the mill and not the unloading of trucks.

Mr. Finchum stated that was correct.

Supervisor Acors stated he may want to unload trucks until 7, 8 or 9 p.m. He said it is the operation of the mill is what they are talking about.

Mr. Finchum said yes, he would change Condition #5 to say, “The operation of the mill.”

Chairman Thomas stated that was right, because this says all uses.

Mr. Finchum stated yes, that would address Supervisor Acors’ comments. He said he thinks Ms. Cosby has the language related to Condition #8.

Ms. Cosby stated that would read: “The applicant shall construct or cause to be constructed all road and/or sight distance/entrance if improvements deemed necessary due to the proposed use of the property and meeting the standards of the Virginia Department of Transportation standards.”

Chairman Thomas said deemed necessary by the Virginia Department of Transportation.

Ms. Cosby stated “and meeting”. She said it would have to be in accordance with VDOT regulations, but also the requirements that were necessitated due to this use. She said there may be other issues with that road, but their roads issues, not necessarily caused by this property, which is somewhat down the road, not necessarily caused by this. She said there are limitations as to how far the Board can require these improvements.

Chairman Thomas asked if there were any other questions. He said the waiver on #6 was, “Unless waived by neighbors”.

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Supervisor Sili stated it was unless agreed to by neighbors.

Mr. Finchum stated it was unless a reduction or waiver is agreed to in writing by neighbors.

Chairman Thomas asked how long the site plan was, 30 days.

Mr. Finchum stated they struck that because it could be 31 days or 45 days before the site plan comes in.

Supervisor Sili stated they struck that from Condition #2.

Mr. Finchum stated that it could be 15. He said they just struck the last sentence.

Supervisor Sili stated it was the last sentence in Condition #2.

Chairman Thomas stated he believed they were all on the same page now. He asked for the hours again.

Supervisor Sili stated the hours are 6 a.m. to 6:30 p.m. for the mill operation, Monday through Friday, and 8 to noon on Saturday for the mill operation and no operation on Sunday.

Chairman Thomas stated it was no operation on Sunday for anything, no trucks coming in on Sunday.

Mr. McCauley stated there could potentially be a truck to come in and pull out lumber or something like that, but that would – a truck is going to be going down Bagby Road anyway. He said they do not plan to pull out Sunday and said they would leave Sunday transportation out.

Supervisor Sili stated right now, they have nothing on Sunday.

Chairman Thomas stated so it stays nothing on Sunday. He said they have to explicitly say that because they have changed all the uses for the mill.

Supervisor Sili sated he would go through the numbers.

Chairman Thomas stated he thinks they are there.

Supervisor Sili moved and Supervisor Black seconded to approve SPEX-03-2013 for James E. Hill, owner/applicant with the following amended conditions:

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

1) If approved by the Board of Supervisors, within 30 days of receiving the To- Wit, the applicant shall have the To-Wit (approval letter) recorded in the Office of the Caroline County Clerk and provide Department of Planning & Community Development a copy of the recorded instrument.

2) A site plan shall be submitted to the Department of Planning & Community Development showing the existing facilities on the property, as well as any proposed additions.

3) Applicant shall utilize current industry standards to minimize dust.

4) The applicant shall provide evidence from the Health Department of a functioning and adequate means of sewage disposal on site prior to Certificate of Occupancy.

5) All mill operations shall be conducted between the hours of 6:00 a.m. and 6:30 p.m., Monday through Friday, and between 8:00 a.m. and Noon on Saturday. Operation on Sunday will be prohibited.

6) A 50’ buffer area consisting of existing trees and vegetation shall remain in place along the southwest property line with parcel 74-A-66, the southeast property line with parcel 88-A-70 and the eastern property line with parcel 74- A-70, unless a reduction or waiver of this standard is agreed to by the abutting property owners.

7) The applicant shall maintain a single entrance from Bagby Road to serve this development.

8) The applicant shall construct or cause to be constructed all road, site distance and entrance improvements necessary to meet the standards of the Virginia Department of Transportation (VDOT).

9) The Board of Supervisors shall review the Special Exception permit one year after issuance of the Final Certificate of Occupancy to ensure all conditions are being met.

Chairrman Thomas stated that Condition #5 should say: “All uses are prohibited on Sunday.”

Supervisor Sili stated the hours of operation are for the mill.

Chairman Thomas agreed that the hours of operation for the mill and all operations on Sunday are prohibited.

Roll Call Vote: Acors Yea

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

Black Yea Sili Yea Taylor Yea Thomas Yea Underwood Yea

Chairman Thomas stated Mr. McCauley said there was going to be 12 to 14 job and asked about the pay for those jobs.

Mr. McCauley stated the jobs would pay anywhere from $8 to $25 per hour.

6. TXT-16-2013: An Ordinance to Amend the Zoning Ordinance of Caroline County by Repealing Article IV (Rural Preservation), Section 3, Paragraph 7.a (Manufactured House for Purposes of Housing Farm Labor). The purpose of this amendment is to repeal housing for farm labor as a permitted accessory use in the Rural Preservation district.

TXT-17-2013: An Ordinance to Amend the Zoning Ordinance of Caroline County by Repealing Article IV (Rural Preservation), Section 5, Paragraph 17 (Housing for Seasonal Farm Labor). The purpose of this amendment is to repeal provisions for housing seasonal farm labor in the Rural Preservation District.

TXT-18-2013: An Ordinance to Amend the Zoning Ordinance of Caroline County by Repealing Article V (Agricultural Preservation), Section 5, Paragraph 1. The purpose of this amendment is to repeal housing for farm labor as a permitted temporary use in the Agricultural District.

TXT-19-2013: An Ordinance to Amend the Zoning Ordinance of Caroline County by Repealing and Replacing Article V (Agricultural Preservation), Section 6, Paragraph 14. The purpose of this amendment is to amend the provision regarding “seasonal” housing for farm labor and the associated standards.

TXT-20-2013: An Ordinance to Amend the Zoning Ordinance of Caroline County by Repealing Article V (Agricultural Preservation), Section 9, Paragraph 2. The purpose of this amendment is to repeal the standards for farm tenant structures in the Agricultural District.

This item was removed from the agenda and returned to the Planning Commission for further discussion and recommendation.

UNFINISHED BUSINESS

7. UPDATE ON PROPOSED PORTRAIT OF LUTHER MORRIS

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

Chairman Thomas stated that a while ago upon the passing of Luther Morris, the Board asked for a portrait of Mr. Morris, a former Clerk, to be put in the Clerk’s Office. He said he and Mr. Partin were discussing that last week and Mr. Partin has an update.

Assistant County Administrator Alan Partin stated that he contacted Patrick DeCrane, who was heavily involved in the Art Center, and he talked with him about trying to come up with some recommended artists for the portrait and Mr. DeCrane is working on that. He said Mr. DeCrane believes he can have something early next week.

He stated from a simple internet research, it appears that the price on portraits can range anywhere from $1,500 to $9,000 or $10,000. He said he wanted to get some direction from the Board on what type of perimeters they were looking for in price.

Mr. Partin stated that he did speak with Clerk of the Circuit Court Ray Campbell, who indicated that he has discussed it with the Judge and the plan would be, if the Board so desires, to hang the portrait in the hallway outside of the Clerk’s Office. He said that is where they recognize previous Clerks. He said if this is something that the Board would want to pursue, they would be amenable to that.

Supervisor Underwood asked about the cost of the portraits that were currently displayed.

Chairman Thomas stated that most of those portraits are Sydney Kings donated by Mr. Collins at no cost to the County. He said he believes the lower end of the scale is what they are looking for. He then asked Mr. Partin to continue to pursue this and said this is still their goal.

Supervisor Underwood stated that $9,000 was definitely out of the question.

NEW BUSINESS

8. DISCUSSION OF PROPOSED NAMING OF GENERAL DISTRICT AND JUVENILE & DOMESTIC RELATIONS COURTHOUSE BUILDING AFTER JUDGE J. PEYTON FARMER

Chairman Thomas stated that he had been asked by the Farmer Family to bring this item to the Board.

Supervisor Sili asked if they could figure out what it would cost. He said he does not have an issue with doing it, but they need to figure out the cost.

Chairman Thomas asked if the Board wanted to move forward with it.

Supervisor Acors stated that he has no problem in recognizing Judge Farmer, but there were two Judges that have passed away within the last year. He asked about recognizing Judge Benser as well because he was an attorney and a Judge in the County for a long

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

time. He said Judge Farmer was a tremendous person and served the County well for a number of years.

Chairman Thomas stated that he thinks longevity was an issue because Judge Farmer served for 30 years and Judge Bensor for three years. He said if Board members want to recognize both, they could possibly name the Courthouse after one and a room after another.

Supervisor Acors stated he still wants to recognize Judge Farmer.

Supervisor Sili stated he would like to take this as a first reading and agrees with Supervisor Acors.

Chairman Thomas stated that the reality is, this was requested by the Farmer Family. He said they can bring this back and can ask staff to look into cost.

Supervisor Acors asked that staff look into this and bring back some options on how they can accomplish this and determine how to honor past Judges.

Supervisor Sili stated let’s not rush this and have staff come back in January or February to discuss this further.

9. DISCUSSION OF REQUEST FROM COLUMBIA GAS FOR RIGHT-OF-WAY THROUGH COUNTY PROPERTY FOR NATURAL GAS LINE EXTENSION IN MILFORD

This item was removed from the agenda to allow staff to conduct additional research.

Chairman Thomas stated that he met with representatives of Columbia Gas a few months ago and they are going to run natural gas line to Caroline Middle School and Caroline High School. He said he talked with Dr. Killough today to make sure he understood that and he is aware of that; however, their bids have already gone out for the High School project.

Supervisor Sili stated that they need to capitalize on that connection because it can save a tremendous amount of money.

Chairman Thomas stated they need to meet with the School Board on December 9th.

10. PROPOSED OPEN SPACE AGREEMENT WITH MEADOWVIEW RESEARCH CENTER

Director of Planning & Community Development Michael Finchum stated that this request first came to the Board two years ago. He said Dr. Sheridan, who operates the Meadowview Biological Research Center, does a lot of public education and research

Caroline County Board of Supervisors Meeting Minutes 11/26//2013

related to certain plant species and he is sure Dr. Sheridan would answer any questions the Board may have.

He explained that Dr. Sheridan has obtained a grant to secure additional property that is habitat related to the pitcher plant and as part of that agreement, the conservation easement would be placed on the property to protect that property in perpetuity.

He stated that the Board did previously agree to go forward with accepting the open space easement on the property. He said it has taken a couple of years to get to that point, and County Attorney Ann Neil Cosby spent a considerable amount of time working with Dr. Sheridan’s team to make sure that the language meets the Code requirements, and they are here tonight with the actual easement document for the Board’s consideration to finalize this agreement.

Chairman Thomas stated should they grant this easement, they are basically taking land out of the County tax rolls.

Mr. Finchum stated they are reducing the taxes, not taking it out entirely. He said they are reducing the taxes by approximately $500. He said the 2013 assessment was approximately $628.56, after the easement is placed on the property, it will be assessed at $1,000 per acre and the new figure would be estimated at $121.90. He said it is just over a $500 reduction in tax revenue.

In response to a question from Chairman Thomas, Mr. Finchum stated it is a total of about 17 acres, so that would be the total tax.

Supervisor Sili stated that he attended a seminar held by Meadowview this summer and was impressed. He said there has been a lot of international notoriety given to that facility and some good research has been done there. He said this is a real positive for the County with minimal impact.

Supervisor Sili moved and Supervisor Black seconded to approve the Deed of Easement for Meadowview Research Center as presented.

Roll Call Vote: Acors Yea Black Yea Sili Yea Taylor Yea Thomas Yea Underwood Yea

11. INFORMATIONAL/CALENDAR ITEMS

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Mr. Partin reminded everyone that County offices would close at noon on Wednesday, November 27th and would reopen on Monday, December 2nd in observance of the Thanksgiving holiday.

He stated that the annual Senior Citizens’ Gala is scheduled for Thursday, December 5th at Caroline High School.

Mr. Partin also reminded Board members that the next regular scheduled meeting had previously been changed to Monday December 9th because of a conflict, but was listed incorrectly in the Board’s packet.

CLOSING BOARD COMMENTS

Chairman Thomas stated that last night he and with Major Moser attended the Countywide Thanksgiving Program Service held at Caroline High School. He said it was a great event. He explained that the actual genesis was several of the local ministers had talked during the Boston Bomber burial event and continued to meet so they could learn more about each other in the County. He said they are talking about planning a program for Martin Luther King Day as well.

He then wished staff a Happy Holiday.

ADJOURNMENT

Supervisor Sili moved and Vice-Chair Taylor seconded to adjourn the meeting.

Roll Call Vote: Acors Yea Black Yea Sili Yea Taylor Yea Thomas Yea Underwood Yea

______CLERK TO THE BOARD CHAIRMAN

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