AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 5th DAY OF OCTOBER, TWO THOUSAND AND NINE AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present	Present	Absent
Robert P Anderson, Chm. Ronald L Frazier, V-Chm. S. Bryant Lee Roger A Welch Edward D. Wayland	John McCarthy, Co. Adm. Peter H. Luke, Co. Attorney Diane Bruce, Clerk	None

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

A moment of silence was held in memory of Logan McKiernan, a student at Rappahannock County High School student who lost his life in a tragic automobile accident last week.

MINUTES: On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the September 9, 2009 meeting were unanimously approved. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

AGENDA: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to adopt the Final Agenda. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

SCHOOLS: Dr. Robert Chappell, Superintendent of Schools, reported on Virginia Code Section 22.1-98.2 which relates to the adjustment of the state share for basic aid conditioned upon certain agreements between adjoining localities, each with fewer than 1100 students. Before the Governor can approve any adjustment to the state share, the Auditor of Public Accounts must certify that 65% or more of the locality's local taxes are derived from real estate taxes. Dr. Chappell opined that no adjustment or additional funding would be forthcoming before January 2011.

H1N1 Flu: There has been one confirmed case to date.

Facts 4U Memorandum: Distributed and filed with papers of meeting.

PUBLIC COMMENT:

Aline Johnson offered thanks and appreciation to both Chairman Anderson and Mr. Wayland whose terms on the Board will expire at the end of December and who will not seek re-election.

OLD BUSINESS:

Broadband Service--Stimulus Funding: No update.

Street Address Ordinance: Mr. Luke and Mr. McCarthy met with representatives of the Fire and Rescue Association. Because of the difficulty in enforcing a street numbering ordinance, Mr. Luke and Mr. McCarthy recommend that the county and F&RA first try a promotional campaign. A proposed ordinance will be drafted and advertised over the coming months and a copy will be sent out with the 2010 tax bills. If there is no improvement, an ordinance could be considered again in July 2011. The Board agreed by general consensus.

Regional Jail Authority/: Warren and Shenandoah counties have adopted the regional jail authority service agreement. The authority will be hereafter named the RSW Regional Adult Detention Authority.

Mr. McCarthy and Mr. Luke reported that the proposed agreement has been amended to reflect that member contributions will be assessed on the bases of actual prisoners. By definition, actual prisoners means only Rappahannock prisoners and excludes prisoners being held for other jurisdictions. This amendment will have the effect of reducing the initial three-year assessment; thereafter, the shares will be apportioned based on actual experience. The original numbers used to calculate costs were not accurate. The county can extricate itself from the agreement at any time prior to borrowing but once borrowing begins, the county will not have the option of withdrawing from the agreement. A right to retain a lock-up and a work release program were retained.

On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously to execute a resolution to join the RSW Regional Adult Detention Authority and to adopt the RSW Regional Adult Detention Authority Service Agreement. The following roll call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. (See Exhibit A attached hereto and made a party to these minutes.)

Governor's FY10 Budget Cuts: Funding cuts to Constitutional Offices in the amount of $71,541.00 were announced by the Governor's Office last week. Mr. McCarthy proposed making up the state's reductions in the following manner: (1) $45,642.00 in reductions to the FY10 approved budgets of various offices as set forth in Exhibit B attached hereto and made a part of these minutes; (2) the suspension of the Farmland Protection program which includes $20,923 in roll-back taxes and (3) approximately $6000 from the surplus. No public safety areas will be cut. Further reductions from the state could result in reducing personnel.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve the spending reductions as proposed by Mr. McCarthy and set forth above. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

NEW BUSINESS:

Route 729 Richmond Road Bridge Project: VDOT plans to rebuild the Route 729 Richmond Road bridge over Battle Run. Construction could begin in the summer of 2010 and would take approximately 90 days if the bridge is closed while the work is being completed. If the bridge is rebuilt by "realignment" the project may not begin for 5 or 6 years. This matter will be placed on the November agenda

Battle Run (Stream): The Culpeper Soil and Water Conservation District (CSW) proposes to implement a stream restoration project on approximately 2100 linear feet of Battle Run. The site, which is located both immediately upstream and downstream of the Route 729 bridge, is on the property of James F. Massie and James F. Massie, Jr. The Virginia Outdoors Foundation has issued its approval of the project. CSW is currently seeking the means to conserve the project during and after the VDOT project.

Wastewater Tap for old Methodist Church property, aka Ki Theatre: The Town of Washington will consider amending its wastewater system definition of "user." If adopted, the old Methodist Church presently owned by the county and more recently occupied by Ki Theatre and now occupied by RAAC, will be eligible for a wastewater tap at a cost of $7500. Future hookups will cost $15,000. A water tap will also be required. (Letter with papers of meeting.)

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to authorize Mr. McCarthy to execute the easement agreement for a wastewater tap in the amount of $7500 and a water tap in an amount not to exceed $2500. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Rappahannock Athletic Association (RAA) Funding Request: The RAA has performed some renovations to the old Ruritan building at Stuart Field in Amissville. It has submitted a request for a $2500 donation to complete the project. This matter was carried over until the November meeting.

Energy Performance Committee Systems Evaluation: The committee appointed to evaluate the energy systems at the schools has met three times and has toured all of the facilities. Mr. Welch and Mr. Frazier serve on this committee. The committee has requested the authority and funding to engage a third party engineer to evaluate the systems. The cost would not exceed $15,000 and would be subject to normal procurement rules. $10,000 would come from surplus and $5000 could be charged to buildings and grounds.

On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to authorize up to $15,000 to secure the services of an independent engineer to evaluate the energy systems at the schools. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Farm Tour: There were approximately 350 attendees on Saturday and an additional 150 the following day.

APPOINTMENTS:

Water & Sewer Authority: On motion of Mr. Welch, seconded by Mr. Wayland and the unanimous vote of the Board, David Aldrich was appointed to fill the vacancy created by the resignation of Thomas Sisk. This term commences immediately and expires July 31, 2012. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Rappahannock Rapidan Community Services Board: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to appoint Sandra Maskas to fill the vacancy created by the resignation of Dorothy Butler. This term commences immediately and expires December 31, 2012. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Fauquier Community Action Program: Hal Hunter was appointed on motion of Mr. Frazier, seconded by Mr. Wayland and the unanimous vote of the Board. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Energy Performance Committee: At the request of the Rappahannock County School Board and upon motion of Mr. Welch, seconded by Mr. Frazier, Andrew Grigsby was appointed to serve on this committee. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Shenandoah National Park-Blue Ridge Committee: Misty Hitt Wright has submitted her resignation as the citizen member to this committee. On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to appoint Peter H. Luke to fill the vacancy created by the resignation of Mrs. Wright. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

CORRESPONDENCE: Scenic Byway Notice for Route 729, Richmond Road, between Routes 522 and 211. (Letter with papers of meeting.)

INFORMATION: (documents filed with papers of meeting)

(1) VDOT Monthly Report. Filed with papers of meeting.

(2) Building Office Report: Total construction from August 22, 2009 to September 21, 2009 was $1,582,100.00. Year to date totals: (See papers of meeting for additional detail.)

Year to date totals:	2008	2009
New Home Construction	26	15
Commercial Buildings	1	1

(3) VRS Money Committee Presentation: Mr. McCarthy summarized the dire financial situation of the Virginia Retirement Fund and how it could impact the FY2011 budget. (Report with papers of meeting.)

(4) M.T. Puskar: Mr. Luke reported that M.T. Puskar has filed for bankruptcy and has moved from a Chapter 11 to a Chapter 7 proceeding. By general consensus, the Board authorized Mr. Luke and Mr. McCarthy to retain outside counsel.

(5) VDOT Report: Filed with papers of meeting.

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve accounts payables dated October 5, 2009. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business, the meeting recessed at 3:35 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings. Chairman Anderson called the meeting to order. All members were present.

The Board considered the first two rezoning applications together.

(1) RZ09-07-01 Wolk Proffer Amendments (Former Flint Hill School, aka Public House Restaurant): (675 Zachary Taylor Highway, Flint Hill). The applicant, Sheila O'Brien Wolk, Tr., desires to expand the existing list of allowed uses by amending the existing proffers which are limited to restaurant and B&B uses, to include professional offices and retail sale. The property contains 4.63 acres, is zoned VC-Village Commercial and is identified as Tax Map 13, Parcel 74, Wakefield District. The amendment is allowed under Section 170-134 of the Rappahannock County Code.

Renovations will be made to the building by adding three additions, one of which will be used as a laboratory to be used as an inorganic materials and cement testing facility. There will be 21 offices and a maximum of 34 personnel. Although the size of the structure would require 87 spaces, the applicant requests that requirement be reduced to only require 42 spaces. Two expansion lots totaling 45 additional spaces could be added as is shown on the site plan.

The Planning Commission recommended approval conditioned upon VDOH and VDOT approvals, no access to the right of way for new parking on the south side of the property and a review of parking requirements with any change of owner or use. The applicant has submitted a written agreement to the special conditions.

(2) RZ09-08-01 Wolk Residential-Commercial House Rezoning (adjacent to former Flint Hill School, aka Public House Restaurant) above: (685 Zachary Taylor Highway, Flint Hill). The property owner desires to rezone this property, to be conveyed with the adjacent former Flint Hill School, aka Public House Restaurant, to VC-Village Commercial from the current VR-Village Residential, for the same proffered uses as submitted with Rezoning Application #1 above, i.e., retail and professional offices. No additions are contemplated. The property is identified as Tax Map 13, Parcel 76, consisting of 0.345 acres in Wakefield District.

The 2-story, 1720 square foot home is adjacent to the Flint Hill School/Public House property that is the subject of the rezoning application above. This building would be used for the same purposes and could accommodate 3 offices with 4 people. The same special conditions as set forth in the application above are requested for this property.

The Planning Commission recommended approval conditioned upon the final site plan showing the drainfield and well locations and no commercial access via the right of way to this property.

CBT Manufacturing LLC has submitted a written statement that it has no intention to use the right of way on the North side of this property to enter the parking spaces on that property. All traffic will use the main entrance at 675 Zachary Taylor Highway to enter both properties. An entrance to the property at 685 Zachary Taylor Highway will be made from the lot on the School House property.

The Chairman opened the public hearing as to both applications.

Sheila Wolk, the applicant, stated that one right of way will serve both properties.

John Hanback, president of CBT Manufacturing LLC, answered questions regarding the use of the laboratory which tests concrete and the number of employees that are anticipated. He assured the Board that there will be no environmental hazards; that there is no government approval or mandate or special permit needed to operate this kind of facility.

There being no further public comments, the Chairman closed the public hearing as to both applications.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve both applications discussed above, conditioned as follows: As to RZ09-07-01, VDOH and VDOT approvals; no access to the right of way for new parking on the south side of the property and a review of parking requirements with any change of owner or use. Conditions of approval as to RZ09-08-01 are a site plan showing the drainfield and well locations and no commercial access via the right of way to this property. The following roll call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(3) SE09-08-02, Samuels Private Sewage Treatment Plant: The applicant has applied to install a permanent, private discharging sewage treatment system to replace a failed system that served both a residence and the F.T. Valley Grocery Store property, aka the old W&J Grocery. The property is identified as 1455 F.T. Valley Road, Sperryville, Piedmont District, Tax Map 38, Parcel 52 and is zoned A-Agricultural. The use is allowed under Section 170-36C with additional standards set forth under Section 170-64H of the Rappahannock County Code.

The Planning Commission recommends approval conditioned upon compliance with the standards in Section 170-64H, review by VDOH and DEQ and design for existing capacity only.

Chairman Anderson opened the public hearing. There were no comments. The Chairman closed the public hearing.

Mr. Wayland stated that he had no objection to the application, but that he would abstain from voting because the applicant is a neighbor.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve Special Exception 09-08-02 subject to the conditions imposed by the Planning Commission and set forth above. The following roll call vote was taken: AYE: Anderson, Lee, Welch, Frazier. NAY: None. ABSTAIN: Wayland.

(4) SE09-08-03, Playhouse Corporation/Maazel Castleton Festival Permit Amendments: The applicant has applied to amend the existing permit for the Castleton Festival to increase the number of attendees from 200 to 400 and to make clear that temporary structures, such as tents, may be utilized prior to permanent construction. The property is located in Stonewall District and is identified as Tax Map 41, Parcel 23, zoned A-Agricultural. The use is allowed under Section 170-36H with additional standards set forth in Section 170-69E of the Rappahannock County Code.

Mr. McCarthy's review of the original application relating to the valid dates for the Castleton Festival found that (1) a restriction on performances shall take place over not more than 25 days per year; (2) the dates of the performances are limited to the months of July and August and (3) all performances must be complete within 25 days of first commencing.

The Chairman opened the public hearing.

Doug Baumgardner, counsel for the applicant, offered to answer questions. There were no questions.

There being no other public comments, the Chairman closed the public hearing.

Mr. Lee inquired if the closure of the Route 729 bridge over Battle Run during the summer of 2010 would create a problem for the Festival. Mr. Baumgardner will advise his clients of the potential closure.

The Board agreed that the Zoning Administrator's review of the conditions approved on the original application can be addressed administratively.

On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously to approve the revised conditions as set forth in SE09-08-03. The following roll call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business, the meeting adjourned at 7:35 o'clock p.m.

_______________________________________

Robert P. Anderson, Chairman