AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 3rd DAY OF JANUARY, TWO THOUSAND AND FIVE AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

 

                                                Present                                                           Absent

            Charles K. Estes, Chairman    Peter H. Luke, Co. Atty.                Roger A. Welch  

Robert P. Anderson, VC         John McCarthy, Co. Adm.

            Ronald L. Frazier                    Diane Bruce, Clerk

            S. Bryant Lee

           

           

            Chairman Estes called the meeting to order.  All members were present.

 

ANNUAL ELECTION OF OFFICERS RESOLUTION:

Chairman Estes turned the meeting over to John McCarthy, the County Administrator, for election of officers for calendar year 2005, whereupon Mr. McCarthy opened the floor for nominations and elections.

            On motion of Mr. Lee, seconded by Mr. Frazier and the unanimous vote of the Board members present, (Mr. Welch was absent) Mr. Anderson was appointed to serve as the Board's representative to the Rappahannock River Basin Commission for the year 2005 and Mr. Welch was appointed to serve as the alternate to Mr. Anderson for the same term. 

            On motion of Mr. Lee, seconded by Mr. Frazier, and the unanimous vote of the Board members present, (Mr. Welch was absent), Mr. Anderson was appointed to serve as the county's representative to the Rappahannock-Rapidan Planning District Commission for the year 2005.           On motion of Mr. Anderson, seconded by Mr. Lee and the unanimous vote of the Board members present, (Mr. Welch was absent), Mr. Frazier was nominated to serve as the Board's representative to the Planning Commission for the year 2005. 

On motion of Mr. Lee, seconded by Mr. Frazier, and the unanimous vote of the Board members present, (Mr. Welch was absent), Mr. Anderson was nominated to serve as Vice-Chairman of the Board for the year 2005. 

            On motion of Mr. Frazier, seconded by Mr. Anderson, and the unanimous vote of the Board members present, (Mr. Welch was absent), Mr. Estes was nominated to serve as Chairman of the Board of Supervisors for the year 2005. 

Whereupon motion of Mr. Frazier, seconded by Mr. Anderson, the Board voted unanimously, of the Board members present, to adopt a resolution setting forth the actions of its organizational meeting, setting dates, establishing meeting guidelines and memorializing its votes, as set forth in Exhibit A attached hereto and made a part of these minutes.  The following roll-call vote was taken.

                        Aye                             Nay                             Absent

            Charles K. Estes                     None                       Roger A Welch

Robert P Anderson

            S. Bryant Lee

            Ronald L. Frazier

 

MINUTES:     On motion of Mr. Lee, seconded by Mr. Anderson, the minutes of the

December 2004 meeting were unanimously approved as published. The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes. NAY:  None.  ABSENT:  Welch

 

AGENDA:     On motion of Mr. Anderson, seconded by Mr. Lee, the revised agenda was unanimously adopted.  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes. NAY:  None.  ABSENT:  Welch

 

SCHOOLS:  Dr. Robert Chappell, School Superintendent, made the following report:

            (1)       VPSA Loan:  The schools will receive $4 million+ for capital projects, but will only repay the principal amount of $3,720,000 with interest over the next 20 years.  Interest is calculated only on the principal amount.  The total payoff will be $5,532,697.40.  (See papers of meeting.)

            (2)       School calendar and general information flyer with papers of meeting.

            (3)       Academic-Year Governor's School:  The school system has agreed to participate in a study regarding the viability of establishing a Regional Academic-Year Governor's School for Clarke, Culpeper, Fauquier, Frederick, Rappahannock, Warren Counties, Winchester City and Lord Fairfax Community College.  This program would provide gifted and talented learners with an accelerated and integrated curriculum.  No funds are requested. (See papers of meeting.)

Lord Fairfax Community College Funding Request:  John J. Sygielski, President of LFCC, appeared with the FY06 budget request in the amount of $28,740.  Of that amount, $4700 would be used for the local board budget; the $23,000 balance would be the county's share toward the site plan for the proposed "Community Development" center.  (See papers of meeting.)

            Dr. Sygielski explained that LFCC is the 12th fastest growing community college in the nation; that it has two campuses; that a satellite facility will be opened in Luray during the summer of 2005 and that it is working on a Civil War Institute. 

            RAPPFLOW Report:   Beverly Hunter, RappFLOW Coordinator, filed a report detailing the accomplishments completed as a result of the first grant. (See full report w/papers of meeting) Volunteer contributions reflected over $30,000 of in-kind cost sharing; 15 articles were placed in the local newspaper and a series of educational maps evolved into a set of 19 natural resources and community maps that were incorporated in the 2004 revision of the County's Comprehensive Plan.  Mrs. Hunter stated that more grant applications will be submitted and requested the Board to continue serving as the fiscal agent for the grant funds.  By general consensus, the Board agreed to continue acting as fiscal agent for RappFlow grant funds. 

            Virginia Clean Stream Act:  Monira Rifaat and Joe Clurch explained that statute requires a reduction in the amount of excess nitrogen found in Virginia's rivers and streams.  Federal law mandates Virginia to implement voluntary measures to clean up the waterways; if the state fails to do so, the Federal Government can impose sanctions.  Funding is created by imposition of a user fee in the amount of $52.00 per household.  $160 million will be generated each year.  Seventy percent of the fees will be used to upgrade wastewater systems and 30% will be used to upgrade agricultural contaminants. 

           

PUBLIC COMMENT:        

            Mr. Estes expressed thanks to all volunteers who contribute time and effort for the overall good of the county and specifically to staff members, Mr. Luke and Mr. McCarthy, for their able counsel.

            Helen Williams, the county representative to Lord Fairfax Community College, complimented the college and its programs and urged the Board members to visit the campus.

            Hugo Sinnott repeated his request for the Board to consider a noise and leash law regarding dogs.   Mr. Luke explained that the county does have a vicious and destructive dog ordinance and upon receipt of a valid complaint, a warning letter is given the owner of the dog.

            Phil Irwin inquired as to what legislation may be considered at the 05 General Assembly that could impact Rappahannock County.  Mr. McCarthy suggested checking the General Assembly website.

            Bob Lander, President of RLEP, thanked the Board and staff for another successful year.

           

OLD BUSINESS:

            Emergency Communications Status Report: A committee has been studying the next generation emergency communication system for the past two years.  An 800 Mhz system would cost $7 million; a hybrid 150 MHz system known as STARS would cost slightly more than $1 million, assuming there are 55 police and emergency units involved.  The Committee makes no final recommendation at this time but recommends continuing to pursue the acquisition of licenses for 150 MHz frequencies.  (See papers of meeting.)

            Resolution -- Aileen Plant Rezoning:    On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously, of the members present, to adopt a resolution to consider rezoning a portion of the Aileen Plant property.  (Resolution attached to these minutes and labeled Exhibit B.)  The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes. NAY:  None.  ABSENT:  Welch.

            Landfill Report:  Leachate levels have risen to the point where the Warrenton facility will not accept the landfill leachate.  The only facility willing to accept the leachate is a facility north of Richmond; transferring to a new facility will quadruple annual costs.  Joyce Engineering is researching the situation. 

 

NEW BUSINESS:

            Water Quality Advisory Committee:  By general consensus, the Board authorized the creation of a Water Quality Advisory Committee to be comprised of representatives from each of the Planning Commission, Health Department, Water & Sewer Authority, Culpeper Soil & Water Conservation District, Extension Agent, Farmland Protection Committee, Town of Washington, RappFLOW, Rappk Co Conservation Alliance or RLEP, a high school student and a member of the Board of Realtors.  Mr. Lee will represent the Board of Supervisors.  

           

APPOINTMENTS   

Rappahannock Rapidan Community Service Board:  On motion of Mr. Frazier, seconded by Mr Lee, the Board voted unanimously of the members present, to appoint Roberta T. Anderson to complete the unexpired term of Martin G. Webb.   The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes. NAY:  None.  ABSENT:  Welch.

 

SPECIAL RECOGNITION:  Mr. Lee recognized Ann Spieker who was recently selected as "Citizen of the Year" by the Rappahannock News.

 

CORRESPONDENCE:  (See papers of meeting.)

            (1)  Letter from Governor Warner re:  Honors for fallen soldiers in Iraq.

            (2)  Letter from Small Business Administration re:  Sperryville Antique Market, Loan and job opportunites.

            (3)  Thank you and Banquet Invitation from Piedmont Softball Association.

            (4)  Letter from Shenandoah National Park, re:  Fire Management Plan.

            (5)  Letter from Dept of Historic Resources, re:  Laurel Mills Historic District.

           

INFORMATION:  (See papers of meeting.)

            Financial Report-Year Ended June 30, 2004 w/ Audit Letter: With papers of meeting.

            Building Office Report:  Total construction from November 22, 2004 to December 21, 2004 was $994,750.  Year to date totals:  (See papers of meeting for more detail.)                     

Year to date totals:

               2003

               2004

New Home Construction

                 64

                  67

Commercial Buildings

                   6

                  11

           

ACCOUNTS: On motion of Mr. Anderson, seconded by Mr. Lee, the Board voted unanimously of the members present to approve the Accounts Payables dated January 3, 2005. The vote was recorded as follows:  AYE: Frazier, Lee, Anderson, Estes. NAY:  None. ABSENT:  Welch.

 

EXECUTIVE SESSION:  On motion of Mr. Anderson, seconded by Mr. Lee, the Board voted unanimously, of the members present, to retire into executive session pursuant to Virginia Code ¤2.2-3711A.3.  The subject matter of the closed meeting was to discuss or consider the acquisition of real property for a public purpose, when discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors under ¤2.2-3711A.3.  (Fletcher property near the high school.) The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee.  NAY:  None.  ABSENT:  Welch

            On motion of Mr. Anderson, seconded by Mr. Lee, the Board voted unanimously, of the members present, to reconvene in open session.  The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee.  NAY:  None.  ABSENT:  Welch.

Whereupon the Chairman polled the members of the Board as follows "To the best of  your knowledge, do each of you certify that only public business matters lawfully exempted from the open meeting requirements under existing Virginia law, and only such public business matters as were identified in the motion by which the executive meeting was convened, were heard, discussed or considered by the Board in the executive meeting just held?" The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee.  NAY:  None. ABSENT:  Welch.

 

RESOLUTION:  On motion of Mr. Lee, seconded by Mr. Anderson and the unanimous vote of the members present, the Board adopted the following resolution.  The following roll-call vote was taken. AYE:  Estes, Anderson, Frazier, Lee.  NAY:  None.  ABSENT:  Welch.

 

RESOLUTION

 

The Board of Supervisors of Rappahannock County, VA shall purchase the Fletcher property, 12.7877 acres (less the 40 foot strip) adjacent to the Rappahannock County High School, for $170,000.  The County shall make a $10,000 deposit and pay the balance in cash at settlement.  The sellers shall retain a 40-foot strip along the western and southern boundaries of the property.  The County shall provide and install a concrete pipe at the place agreed between the Buyer and the Sellers.   The County Administrator may enter into the appropriate land purchase contract approved by the County Attorney.  The County Administrator and County Attorney may take all steps necessary to purchase the subject property and the County Treasurer may issue the appropriate checks upon request of the County Administrator or County Attorney.  The subject property and the strip of land retained by the sellers is shown on a plat by John Baumgardner, P.C., which is attached hereto.  (See Plat attached to these minutes as Exhibit C.)

 

            Bleu Rock LLC, Second Dwelling on a Parcel:  Application continued indefinitely.

           

                        There being no further business, the meeting adjourned at 4:30 o'clock p.m.

 

_________________________________________

                                                                                                Charles K. Estes, Chairman