AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 7th DAY OF APRIL, TWO THOUSAND AND EIGHT AT

AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 2nd DAY OF NOVEMBER, TWO THOUSAND AND NINE AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

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.

MINUTES:

September 9, 2009 Minutes--Correction: On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to amend the September 9, 2009 minutes to correct the resolution authorizing the expenditure from the Sheriff's budget for the "Shop with a Deputy" and "DARE" accounts from $18,925.83 to $19,925.83. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

October 5, 2009 Minutes: On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the October 5, 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. Lee, 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, made the following report.

(1) RCPS have been recognized as a Virginia School Boards Association "Certified Green School Division" for 2009.

(2) Veteran's Day event and Local Foods Day lunch are scheduled for November 11, 2009.

(3) A H1N1 Vaccination clinic was held at RCES on October 23; the RCHS clinic date is to be announced.

(4) Local Composite Index (LCI): In response to a question at the October Supervisor's meeting, Dr. Chappell reported that only Rappahannock and Highland Counties qualify on the basis of the three criteria referenced in Virginia Code §22.1-98.2, specifically a) fewer than 1100 students in ADM; b) LCI of .6000 or greater and c) 65% or more of its local taxes are derived from real estate taxes.

Dr. Chappell reported that pursuant to Virginia Code §22.1-98.2, Rappahannock County has entered into a cost-savings agreement with Madison County for consolidation or sharing of educational, administrative or support services. The agreement is in the Governor's office for approval. Once approved, Rappahannock County shall receive the state share for basic aid computed on the basis of the composite index of the local ability-to-pay for Madison County, calculated annually, for a period of 15 years.

(5) Additional Appropriation: A public hearing is scheduled for 5:00 o'clock p.m. on this date to consider approving the usual "October Appropriations" that consist of federal flow-through funds not received at the time of the budget adoption in June. Because of one-time federal stimulus funding, the amount of the appropriation this year exceeds 1% of the county's budget and therefore requires a public hearing.

This proposed annual appropriation contains no new local dollars. The one-time "Stimulus Funding" will be applied to technology in the classrooms and not to salaries or fixed capital projects. The federal funds in this appropriation are in addition to the $177,000 stimulus funding previously approved and included in the FY2010 budget.

PUBLIC COMMENT:

Visitor's Center: Mr. McCarthy explained that a question has arisen as to a location for a county tourism center. He suggested that the issue be referred to the Tourism Partnership Group for further thought, discussion and a consensus recommendation. Members of the Tourism Partnership Group include the County Tourism Office, RAAC, Historical Society, Washington Hospitality & Visitor's Association, Bill Gadino on behalf of the wineries, Debbie Donehey on behalf of the restaurants, Shenandoah National Park, the agri-tourism businesses and the Rappahannock Non-Profit Center.

Phil Irwin, Flint Hill, recommended a discussion among all interested parties as well as referral to the Economic Development Committee. He added that a tourism center won't work without proper funding and that no hasty decision should be made.

Jerome Niessen, Sperryville, spoke on behalf of the Rappahannock Foods Cooperative and stated that he owns the building formerly known as the "old apple shed" on Route 1002 in Sperryville. He supported tabling a decision until December or January at which time his proposal will be ready to discuss.

Tom Pellikan, Stonewall District, offered thanks to Chairman Anderson for his years of service to the county and as a member of the Board of Supervisors.

Mr. Pellikan also reported that the SCC has just announced that it has reduced by 33% the amount of the rate increase sought by Allegheny Power.

The Chairman closed the public comment portion of the agenda.

Visitor's Center: On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to table a decision and to refer the question of the location of a Visitor's Center to the Tourism Partnership Group. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Shenandoah National Park (SNP): Karen Beck-Herzog, the Public Affairs Officer, introduced Martha Bogel, SNP Superintendent, who made the following report:

(1) SNP has received $30 million in Recovery Act Funding. The funds will be spent on paving the Skyline Drive and parking lots and rehabilitating the overlooks.

(2) Visitation has increased by 10% for the year with a 42% increase in September and October 25th being the busiest day in the history of SNP.

(3) SNP has been selected to represent the Commonwealth of Virginia on the

America the Beautiful quarter that will be issued in 2014.

(4) The Park will celebrate its 75th Anniversary in 2011.

Donna Bedwell, the 75th Anniversary coordinator, described the activities that will be planned for the anniversary year. The anniversary logo and the Mission Statement have both been approved. Various subcommittees make up the Planning Committee. County Administrator John McCarthy is chairman of the Finance Committee.

VDOT Report: David Cubbage, Residence Administrator, reported:

Rt 729 bridge replacement has been cancelled. A public hearing will be scheduled for the Spring of 2010.

Rt 522 bridge in Sperryville is on schedule with a public hearing scheduled for the Spring of 2010.

Anti-icing methods are being tested to be used in the Chester Gap area.

Mr. Cubbage will meet with Mr. Wayland to discuss lowering the speed limit in Sperryville.

OLD BUSINESS:

Rappahannock Athletic Association (RAA) Request for Funding: The RAA's request for $2500 towards the remaining costs of repairs of the "Ruritan Building" at Stuart Ballfield in Amissville was brought forward from the October meeting. (See documents showing $8719 in expenditures filed with papers of meeting.)

Amy Hitt representing RAA explained that RAA has invested approximately $10,000 in the building and that a final inspection cannot be made until the project is complete. (Bills totaling $8719 filed with papers of meeting.)

The Board discussed the bids for insulation that were received by RAA and the types of insulation that are proposed.

Mr. Frazier asked for assurances that the county is not paying the electric bills.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to authorize up to but not exceeding $2000 to complete the project. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Broadband Service-Stimulus Funding: Fiberlight is on the Commonwealth's priority list for stimulus funding. Virginia Broadband is also on the state's list. Piedmont Broadband announced that it has bought access from Fiberlight. The Federal Government has not announced which broadband service it will fund.

Septic System Cost-Share Program (Water Quality Advisory Committee [WQAC] and Water Quality Improvement Fund [WQIF]): The program began in the early spring 2007 under the initial grant called "Clean Streams" and expanded one year later under a second grant which focused only on septic work.To date: 93 projects have been completed; 93 pump outs; 25 repairs and 15 full-system installations. $98,593 in reimbursement have been paid to landowners with serviced locations. The current signup is 44 pump outs, 4 repairs and 4 full systems. $29,440 remains in the program. Interested persons should contact the County Administrator or the Health Department. (Report filed with papers of meeting.)

Massie-Exton Agricultural and Forestal District - Correction: When this district was reviewed and approved at the September 2009 meeting, a 93-acre parcel, Tax Map 30-30, was inadvertently omitted. Mr. Luke advised that the district is unchanged from the original district; the parcel was dropped in error.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the ordinance as corrected and attached hereto as Exhibit A and made a part of these minutes. The following roll call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

H1N1 (Swine Flu) Update: The Virginia Department of Health's H1N1 flu vaccination program is being administered through a public/private partnership between VDH, the local health departments, local school divisions, private physicians and health care facilities and other public and private sector organizations. (See VDOH letter dated October 29, 2009 filed with papers of meeting for an in-depth report on the program.)

NEW BUSINESS:

Semi-Annual Tax Collection: Mr. McCarthy explained that the county could adopt an ordinance requiring billing and payment of county taxes twice each year instead of using the current method of billing once each year. Billing twice each year does not net any additional tax revenues but would incur additional personnel and office expenses. On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to table this matter indefinitely. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Budget Amendment/Appropriation-NFWF Grant: A $38,000.00 grant from the National Fish and Wildlife Foundation has been received to be used to reimburse the farmer's share of the costs of fencing cattle out of streams. No local funds are involved. Eligibility and enrollment matters are handled by the Culpeper Soil & Water Conservation District. On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to appropriate $38,000 to Revenue line item 1800-1858 and also to Expense line item 8101-5614. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Appropriation-Insurance Proceeds: On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously to appropriate $1409.29 to Expense line item 3401-5501. These funds represent an insurance payment on an accident to one of the Building Office vehicles. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Shenandoah National Park (SNP) Blue Ridge Committee Report: Mr. Luke is the county's representative on this committee. His report of the October 15, 2009 meeting is filed with the papers of the meeting.

Castleton Volunteer Fire and Rescue Department--Request for Emergency Funding: The Castleton Company is requesting a supplementary appropriation in the amount of $24,654 to the existing Fire Levy funds as was similarly approved for an HVAC system at the Sperryville Fire Department and for repair to a vehicle at Washington VF&R. The Castleton company needs to replace its tanker which can no longer be repaired. Bids for a new tanker have been received from Keplinger's in Winchester for $24,654 and from Singer in Manassas for $26,900. The new tanker will have a lifetime guarantee. (copy of bid filed with papers of meeting)

On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to appropriate $24,654 from the General Fund to the Fire Fund to be used by the Castleton Volunteer Fire Department to purchase a new tanker. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Fire Levy Board Presentation: This item was added to the Final Agenda by general consensus at this time to the final agenda at the request of Supervisor Frazier.

Paul Komar, on behalf of the F&RA made an oral and written presentation on the status of all fire and rescue departments within the county with emphasis on increasing costs. The report discusses Company Status, response equipment, costs to outfit a firefighter, ambulances for basic life support and advanced life support, volunteer training, cost of replacing fire apparatus, fire apparatus that requires replacement, operational budgets and a comparative chart showing expenses versus budget. The costs to outfit each new member is $8363, excluding training. (Written report filed with papers of meeting.)

VACo Region 7 Legislative Agenda: The 2010 Legislative Agenda setting forth the proposed priority issues is filed with the papers of the meeting. Given the budget reduction issues being faced, VACO states that " . . . to lessen the tax impact for the state while forcing localities to shoulder a greater burden merely shifts who is sending the bill to taxpayers. As the General Assembly considers the broad range of options to balance the state budget the Region believes the time has come to offer greater flexibility to localities through equal taxing authority." Mr. McCarthy noted that the priority issues contain very little with which to disagree. Mr. Frazier noted his objection to proposed additional taxing authority. No action was taken.

Stimulus Cap Allocations (Executive Order #94): Allocations by executive order are on a per capita basis and they fund debt service on projects that the county knows it is going to fund. Applications must be made by December 15. By virtue of not filing, the county will not receive its allocation.

Arts, Cultural, Tourism Zones, Tax Increment Finance: Mr. Frazier provided documentation from Fredericksburg and Manassas relating to several examples of zones that have been enacted by local government involving a mix of zoning and taxing incentives for revitalization. Mr. Frazier explained that certain incentives can be given to encourage business development. He recommended that this information be forwarded to the Economic Revitalization Committee. No action was taken. This information will be placed on a future agenda for further discussion.

APPOINTMENTS:

Rappahannock-Rapidan Community Services Board: Helen Williams' term expires December 31, 2009. She is not eligible for reappointment. Doug Shiffman was appointed to a term commencing on January 1, 2010 upon motion of Mr. Wayland, seconded by Mr. Welch and the unanimous vote of the Board. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

CORRESPONDENCE:

Fire Levy Board Minutes: The October 7, 2009 Fire Levy minutes are filed with papers of the meeting. Highlights of minutes include the cost of the Castleton tanker and increased costs of operations county-wide were the topics of discussion.

INFORMATION: (documents filed with papers of meeting)

(1) Building Office Report: Total construction from September 22, 2009 to October 21, 2009 was $469,530.00. Year to date totals: (See papers of meeting for additional detail.)

Year to date totals:	2008	2009
New Home Construction	30	16
Commercial Buildings	2	1

(2) Biosolids News: The October 2009 newsletter from the Virginia Biosolids Council is filed with papers of meeting.

(3) Rappahannock-Rapidan Regional Commission FY09 Highlights & Annual Report. (filed with papers of meeting.)

ACCOUNTS: On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to approve accounts payables dated November 2, 2009. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

EXECUTIVE SESSION: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2- 3711A.7 and 8 to consult with legal counsel regarding potential litigation. The subject matter of the closed meeting was the Aileen property. The following roll-call vote was taken: AYE: Anderson, Welch, Wayland, Lee, Frazier. NAY: None.

Open Session: On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to reconvene into open session. The following roll-call vote was taken. AYE: Anderson, Welch, Wayland, Lee, Frazier. NAY: None.

Certification: 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: Anderson, Welch, Wayland, Lee, Frazier. NAY: None. (Motion and certification filed with papers of meeting.)

Public Hearing FY2010 School Budget Amendment: The Chairman opened a public hearing at 5:00 o'clock p.m. in accordance with Virginia Code §15.2-2507 to consider amending the FY10 budget to include carry-over state and federal funds from the previous fiscal year, new and unexpected funds from those sources, as well as Federal Stimulus program funds and similar grant or cost-share funds. There are no new local dollars included in this appropriation. In previous years, these funds have been referred to as the "October Appropriation." The total amount of the proposed appropriation is $464,562 which will increase the bottom line of the School Budget from $11,602,117 to $12,066,579. (See minutes above for discussion by Superintendent of Schools as relates to this public hearing.)

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

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to appropriate $464,562 to the FY2010 School budget as set forth in Exhibit B attached hereto and made a part of these minutes. The following roll-call vote was taken. AYE: Anderson, Welch, Wayland, Lee, Frazier. NAY: None.

There being no further business, the meeting adjourned at 5:08 o'clock p.m.

_______________________________________

Robert P. Anderson, Chairman