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

               Present

             Present

                Absent

Robert P Anderson, Chairman Ronald L.Frazier, V-Chairman

S. Bryant Lee      

Roger A Welch

Edward D. Wayland

John McCarthy, Co. Adm.

Peter H. Luke, Co. Attorney

Diane Bruce, Clerk

                  None

 

 

MINUTES:    On motion of Mr. Lee, seconded by Mr. Welch, the draft minutes of the November 5, 2007 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. Frazier, the Board voted unanimously to adopt the amended 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)         Rappahannock County and School Funding Team:  The funding team has contacted Delegate Todd Gilbert requesting that he sponsor an amendment to Virginia Code § 22.1-98.2 that would adjust the state share for basic aid.  The proposed amendment would increase the threshold for eligibility under this statute from 350 to 1200 students so that more than one locality may benefit from the provisions of the statute.   Currently, the statute permits only those school divisions that have 350 or fewer students to seek to participate in agreements with other school divisions for the purpose of saving money in return for obtaining a more favorable Local Composite Index (LCI).  Delegate Gilbert will communicate with Senator Obenshain regarding co-sponsoring the proposal.

            2)         Costs of Lights, Athletic Fields:  Estimates for lights at the various outdoor fields are as follows:  Football field, $158,000; Softball field, $81,000; Baseball field, $157,000.  There may be a donor who is willing to pay for some lights.

            3)         Costs of Football Program:  Dr. Chappell will provide those figures at the January 2008 meeting.

            4)         Volunteers:  Savings attributed to volunteers in the athletic programs are estimated at $1200.

            5)         RCPS Fact Sheet:  Filed with papers of meeting.

 

PUBLIC COMMENT:   

            Bob Lander reported that the Scrabble School Foundation has received notice that it has been awarded the $200,000 Innovative Grant for which it had applied (reported at the November meeting).  He added that an additional $100,000 will be needed to rehab the school into the Senior Site/African Heritage facility and he requested that the county proceed with a RFP. 

            Dr. Robert Chappell, Superintendent of Schools, reported that RCPS have started using the first bus that uses bio-diesel fuel.  The bus is used to transport students to work sites of the various partners with the community programs (i.e. GIS/GPS projects, garden-to-table program).

            Reid Folsom asked the Board to support the co-holding of the Bagley easement (discussed later in the meeting.)

            Don Loock, speaking on behalf of Piedmont Environmental Council (PEC), offered to respond to any questions regarding the Bagley easement.

            Phil Irwin wished everyone a Merry Christmas.

 

OLD BUSINESS:  

Conservation Easement:  Mr. Luke and Mr. McCarthy summarized the provisions of the proposed Bagley easement.  There are three contiguous parcels totalling 55 acres situated between the Hazel River and Route 231.  PEC will serve as co-holder of the easement with Rappahannock County.  The three lots cannot be further subdivided; there can only be one owner of all three lots and only one dwelling unit can be placed on all three lots.  The existing house of 4700 square feet is the only building allowed and county approval must be given to enlarge that building.  PEC will have the sole expense of monitoring compliance with the easement.  There will be no costs to the county.  If PEC ceases to exist, their interest would go to the Virginia Outdoors Foundation (VOF) and the county would become co-holder of the easement with VOF. There are numerous other restrictions enumerated in the easement document which document shall be recorded in the land records of the county. 

On motion of Mr. Wayland, seconded by Mr. Frazier, the Board voted unanimously to the terms and conditions of the co-holding agreement and Deed of Easement between John F. and Delma A. Bagley, Trustees, Piedmont Environmental Council (PEC), the Rappahannock National Bank and Rappahannock County and further authorized John McCarthy, the County Administrator, to execute said agreement on behalf of Rappahannock County.    The following roll-call vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.  (The agreement was subsequently recorded in the Rappahannock County Clerk's Office on December 14, 2007 as Instrument #07-1895.)

Landfill Report:  An unscheduled inspection conducted on November 27, 2007 was passed with flying colors.  The final cell will be closed around December 15, 2007 and all wastes must then be hauled to Culpeper pursuant to the agreement heretofore entered with Culpeper County.  Contractors and commercial haulers must make arrangements for any wastes that cannot be placed on one of the dumpsters.

            Culpeper Immigration Committee:  Mr. Luke reported that the county had been asked to join the coalition by Culpeper County. The committee, which is in its organizational phase, intends to propose legislation to the General Assembly.  The deadline for new legislation at the 2008 session has expired; the committee expects to present its proposals at the 2009 session. 

            Committee members already appointed include Mr. Luke, Mr. McCarthy and Mr. Lee as an alternate for Mr. Luke.  By general consensus, Mr. Wayland was also appointed as an alternate.

           

NEW BUSINESS:

            Policies:   The county's insurance carrier, Virginia Municipal League (VML), is requiring the county to adopt certain policies.  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt the following three policies:  (1)  Return to Work Program; (2) Vehicle Use Policy; (3) Rappahannock County Safety Policy Statement.  These three policies are attached hereto as Exhibits A, B, and C, respectively, and made a part of these minutes.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

            VDOT Subdivision Street Standards:  Legislation has been proposed by the Governor and unanimously approved by the General Assembly to develop Secondary Street Acceptance Requirements.  These regulations will replace and supersede current Subdivision Street requirements and are intended to ensure that streets accepted into the state system for perpetual public maintenance will provide commensurate public benefit.  The proposed standards are urban-type requirements.  The building industry in rural areas will object.  If adopted as proposed, the county subdivision and zoning ordinances will be have to be amended.  (See document filed with papers of meeting.)

            VACO Region 7 Legislative Agenda:  The priority issues relate to growth, school funding and road funding.  (Complete copy filed with papers of meeting)  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to support the Region 7 issues for 2008.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

 

APPOINTMENTS:      None.

 

CORRESPONDENCE:   (All letters filed with papers of meeting.)

            Disability Service Board (DSB) Grant Award:  Notification from the Rappahannock-Rapidan Community Services Board of receipt of grant funds that will be used toward building the six-bed group home in Orange County.

            Department of Housing and Community Development (DHCD) Broadband Grant:  Notification of receipt of $25,000 in grant funds to develop a community telecommunications plan. 

             Department of Housing and Community Development (DHCD) Local Innovation Grant:  $200,000 received in support of the Scrabble School Heritage and Senior Center. 

           

INFORMATION: 

            Building Office Report:  Total construction from October 22, 2007 to November 21, 2007 was $2,042,630.00.  Year to date totals:  (See papers of meeting for more detail.)                

Year to date totals:

               2006

               2007

   New Home Construction

                 57

                 42

   Commercial Buildings

                   6

                   8

           

            Scrabble School:  As of November 1, 2007, the Scrabble School received placement on the National Register of Historic Places.

 

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously  to approve the Accounts Payables dated December 3 , 2007.  The vote was recorded as follows:  AYE:  Wayland,  Welch, Frazier, Lee and Anderson.  NAY:  None. 

 

EXECUTIVE SESSION:  (3:15 pm)  On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2-3711A.1 to discuss personnel and 3711A.7 to consult with legal counsel or to receive a briefing by staff members or consultants pertaining to actual or probable litigation where such consultation or briefings in open meeting would adversely affect the negotiation or litigating position of the Board of Supervisors under §2.2-37llA.7 et seq.  The subject matter of the closed meeting was consideration of authorizing prosecution of a number of alleged zoning violations, including inoperable vehicles and illegal dwelling unit, commencing review of the County Administrator's contract and discussion of actions in the Dominion Power case.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland  NAY:  None.

            Open Session:  (4:00 pm)  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:  Wayland, Anderson, Frazier, Lee, Welch.  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, Frazier, Lee, Welch, Wayland.  NAY:  None.

Legal Action:  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to authorize the County Attorney to pursue legal action against Tracy Cubbage, William Ed Foster, Chris Foster and Steven Kellison.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None.

            There being no further business, the meeting adjourned at 4:05 o'clock pm.

 

 

                                                            _________________________________________

                                                                        Robert P. Anderson, Chairman