Another busy campaign season has come to an end following Tuesday’s close election. Although some incumbents certainly felt the disappointment of losing to challengers, they put politics aside to address a number of key county issues.

The Board decided to delay a vote related to changes in the fire code. An addition to the county’s current fire code will transfer enforcement of the state fire prevention code to county officials.

Bob Allen, Powhatan building official, explained the importance of adopting the fire ordinance. As the county faces continued growth, local adoption of the state code will allow local enforcement of important safety measures.

“When a locality chooses to adopt the fire code, the locality accepts monitoring of county buildings,” Allen said. “This allows a local response to safety concerns from residents. Additionally, it provides for enforcement of measures like the open burning ban.”

During the public comment period, Jamie Timberlake asked the supervisors to delay a decision until the December meeting suggesting many contractors do not understand the implications the fire code will have on lot-clearing practices.

The proposed code says “open burning of construction waste and demolition waste shall require a permit issued by the Fire Code Official.” The code would also prohibit burning of construction waste in residentially zoned areas recorded as subdivisions.

“I’m a volunteer firefighter and have been impressed with the work done in preparation to adopting the fire code,” Timberlake said. “But I think of a number of contractors and subcontractors who don’t realize the impact of adopting the fire code.”

While Supervisor Robert Cosby said he does not support burning in subdivisions, he believes that farmers in agricultural areas should be allowed to burn. He, too, supported delaying the vote to gain a better understanding of the issue. The supervisors unanimously voted to delay a decision until the December meeting.

The Board also considered two zoning issues delayed from the October supervisors meeting. First, they considered renewal of a conditional use permit for a home-based business, operated by Jack and Sally Mullikin. First approved in 2004, the CUP enabled the construction of a detached building to their bed and breakfast, The Inn at Three Bridge.

As the Mullikins complied with the conditions of the original CUP, the Board unanimously passed the measure.

The Board also approved a request from Robert and Susan Salsitz for a CUP for a private kennel to house no more than eight chickens. The couple keeps seven chickens as pets, currently prohibited in a residential area. At its September meeting, the Board voted to delay approval of the request until citizen concerns could be addressed. With no new opposition, the supervisors approved the request.

The Board failed to pass a request from developer, HPCPET, LLC to amend conditions of a rezoning request first approved in August 2006. Although the Planning Commission unanimously recommended that the request be approved, Supervisors Russ Holland and Kenneth Hatcher disagreed with the request.

At issue is one of the developer’s proffered conditions which require a minimum finished floor area of 2,000 square feet for one-story homes and 2,500 square feet for two-story homes. However, the developer thought the square footage applied to gross floor area rather than the stated finished floor area.

The Planning Department worked with the developer to alter the original condition to require a minimum of 1,700 square feet for one-story homes and 2,100 for two-story homes. The change was supported by the county staff and the Planning Commission.

However, Hatcher said he opposed the request because the developer would not agree to an increase in the proffer paid for each home. When the conditions were approved in 2006, proffers for the homes were approximately $7,200 each. The developer would not agree to increase the proffer to the current rate, $12,000, indicating the increase would hamper their efforts to provide more affordable housing in Powhatan

“If we’re reducing the minimum square footage, then the amount of the proffers should increase to the current real estate tax for county proffers, $12,000,” Hatcher said. He reminded the Board that proffers help mitigate the impact on county schools and services when new residents enter the county

Supervisor Russell Holland also objected to the request. “I don’t want to set a precedent,” Holland said. “If we amend one of the conditions, then [the proffers] should be current.”

Although County Attorney John Rick recommended that the issue be delayed until the December meeting to provide staff to research legal issues surround the request, Hatcher moved that the request be denied. The measure passed with Hatcher and Holland supporting denial of the request and Supervisor Scott Daniel voting against denial. Chairman T.J. Bise and Cosby abstained.

At the conclusion of the meeting, Hatcher asked that the Board move into closed session to consult legal counsel.

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