AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 5th DAY OF FEBRUARY, 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-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:    On motion of Mr. Welch, seconded by Mr. Lee, the minutes of the January 3, 2007 meeting were unanimously approved. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

 

AGENDA:     On the motion of Mr. Lee, seconded by Mr. Welch, 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, distributed the monthly school calendar and presented a brief overview of scholastic and sporting activities and events taking place during the month.

            Teachers:  38% of teachers live outside the county. Five to ten children of non-resident teachers are enrolled in county schools.

FY08 Budget Developments:  Teacher's salaries lost ground last year and are below average for all categories except for teachers with 30+ years. (See detail with papers of meeting.)  The new fiscal year budget will be based on an ADM of 995 students.  Additional state funds in the amount to $30,000 are expected but that will be offset by additional VRS increases in the amount of $60,000.

            Cost of Competing Adjustment:  The county would have received an additional $48,000 in state funding if the General Assembly would have approved this proposal; however, neither the House nor Senate was willing to consider it. Frederick County and the City of Winchester were successful however and received a $1.2 million cost of competing adjustment for FY08.  Like-minded counties are encouraged to work together next year. 

            Savings Through Management:  This survey, describing ways to reduce operational costs,  was conducted by a high school class during the past year.  Some of the less expensive suggestions have already been adopted and funding for several other suggestions will be included in the FY08 budget proposals.

 

VDOT REPORT: 

            Route 621 Bridge closure will begin March 5 and continue for 60 days.  The bridge will be rebuilt with a steel and deck replacement. 

            6-Year Secondary Plan will be placed on the March 5 agenda for final approval and adoption.

Rediviva Bridge: David Cubbage, Residency Administrator, informed the Board that

a request for an engineering evaluation has been submitted.  An estimate should be in hand within 60 to 90 days.

FIRE LEVY BILLS:  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve payment of fire levy bills in the total amount of $170,302.01, as more specifically set forth in Exhibit A attached hereto and made a part of these minutes.  (Documentation filed with papers of meeting.)  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

 

PUBLIC COMMENT:     None.

             

OLD BUSINESS: 

Emergency Communications Update:  Mr. McCarthy reported that the county is moving toward building onto the megahertz system with Fauquier and Culpeper counties.  Those two counties have retained the consultant, CTA Communications, through the bid process.  CTA is uniquely qualified to advise Rappahannock County also and their services may be retained through "sole source procurement" pursuant to Virginia Code Section 2.2-4303E.  Mr. Luke agreed that the circumstances are "unique" and that "sole source procurement" is advisable.  On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously to authorize sole source procurement of consulting services from CTA Communications as specifically set forth in Exhibit B attached hereto and made a part of these minutes.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

Sludge Work Group Report:  Meetings are being held on a regular basis. Several items that may impact the ordinance are being considered by the General Assembly this year. The draft ordinance, now containing 19 pages, may be ready to present at the March Supervisor's meeting. 

Dominion Power Line:  New maps were released on January 23 and Dominion's press release announced that it may consider three different alternatives:  (1) use the I-66 corridor; (2) bury or (3) use existing corridors.  The maps are unclear which existing corridors are being considered.  Mr. McCarthy voiced concern that the corridor being considered may be the one that crosses a portion of Rappahannock County.

Regional Jail Update:  Discussions have been ongoing with Warren, Page and Shenandoah counties, all of which are overcrowded. Most counties participate in regional jails which are more economically feasible. No site has been agreed upon. A new regional jail, costing $55 million, would house 442 prisoners by 2020.   The county's share of the cost would be 7.4%.  Transport officers will be needed and the existing jail may be converted to a "lockup." A planning study paid for by all counties must be submitted by March 1, 2007.  Mr. Luke is reviewing a borrowing resolution which may be ready to consider by the Board at its April or May meeting. 

VDOT Conversion Resolution:

Conversion Old Turnpike at Rediviva:  VDOT has submitted a proposed resolution to convert three portions of the old turnpike between Sperryville and Washington, near the Covington River and on either end of the old Rediviva Bridge, to secondary road status.  The old Rediviva Bridge over the Covington River is not a part of this resolution. 

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt the resolution with plats, identified at Exhibit C, attached hereto and made a part of these minutes. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

General Assembly Update: 

            HB1702 which changes the way the Department of Education calculates the LCI (Local Composite Index) was carried over.  Mr. McCarthy has spoken with Fauquier and Clark counties regarding forming a group of like-minded counties to pursue this bill at next year's General Assembly.

            Farm Wineries:  These bills were amended so that local government is not prohibited from regulating matters with which the county is concerned. 

            Scrabble School:  $25,000 has been approved by the House Appropriations Committee.

Consumer Utility Tax--Changeover:  A public hearing is scheduled for the evening session of this meeting.

Workforce Investment Act:  This act is Federal law that provides job training for hard-to-place persons.  There is a revised inter-local agreement on which all jurisdictions must sign-off.  The agreement is circulating and when received will be forwarded to the County Attorney for review after which it will be placed on the Board's agenda.

 

NEW BUSINESS:

            Schools: Cost of Competing Resolution:  This resolution is a mirror image of the resolution adopted by the School Board.  On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to adopt a resolution providing for a "Cost of Competing Add-on" as set forth in Exhibit D attached hereto and made a part of these minutes.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

 

APPOINTMENTS: 

Recreational Facilities Authority:  Rosa Crocker has submitted a letter of resignation.  Mr. McCarthy will solicit interested persons.  An appointment is tabled until the March meeting. 

 

CORRESPONDENCE:  None.

                       

INFORMATION: 

            Planning Commission Annual Report 2006:  See Exhibit E attached hereto.

            Building Office Report:  Total construction from December 22, 2006 to January 21, 2007 was $1,265,000.00.  Year to date totals:  (See papers of meeting for more detail.)                       

Year to date totals:

               2005

               2006

   New Home Construction

                   6

                    2

   Commercial Buildings

                   1

                    0

 

 

Annual Report:

 

              

               2005

 

             

               2006

   New Home Construction

                  60

                  67

   Commercial Buildings

                  15

                    6

Total Cost of

Construction:  2005--2006

 

   $25,183,708

 

    $25,312,615

           

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve the Accounts Payables dated February 5, 2007.  The vote was recorded as follows:  AYE:  Wayland,  Welch, Frazier, Lee and Anderson.  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.  The subject matter of the closed meeting was (1) discussion of legal action and/or settlement of the B&S Excavation matter, (2) discussion of the Konick v. Cloud matter to which the County is a party and (3) discussion of threatened legal action with regard to an assessment.   The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland  NAY:  None. (Resolution filed with papers of meeting.) 

            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:  Estes, Anderson, Frazier, Lee, Welch.  NAY:  None. 

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:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None.

 

            There being no further business, the meeting recessed at 4:15 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings.   All Board members were present. 

 

            (1)  SE#06-11-01-Finley Productions Festival:  This matter had been carried over from the January meeting.  Chairman Anderson opened the public hearing.  No one representing the applicants was present.  There were no public comments.  Chairman Anderson closed the public hearing.

            Mr. McCarthy advised the Board that the Planning Commission unanimously recommended denial due to lack of compliance with the general standards and because of public safety and noise issues.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to deny the Special Exception. The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None.

 

(2)  SE06-12-01: Mountain Laurel Montessori School:  The applicant has applied to operate a school for up to 30 students between the ages of 12 and 15.  The property is described as Tax Map 13, Parcel 13, is zoned "A" Agricultural and is located in Wakefield District just north of Flint Hill on Route 522.  The use is allowed under ¤170-63B of the Rappahannock County Code with additional standards sets forth in ¤170-63 B, C & D.  The Planning Commission unanimously recommended approval conditioned upon Building Code, VDOT and VDOH approvals.  

Chairman Anderson opened the public hearing. 

Elaine Gleir, the school administrator, offered to answer questions.  Peggy Ralph, Wakefield District, and Betsy Hille, Stonewall-Hawthorne District, both offered support for the application.

Chairman Anderson closed the public hearing.

On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve the application conditioned upon Building Code, VDOT and VDOH approvals.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None.

 

(3)  Telecommunications Service Tax--Repeal:  The repeal is occasioned by changes in state law ¤58.1-645 et seq that has created a new Virginia Communications Sales and Use tax, replacing the former Local Telecommunications Service Tax. 

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

On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to repeal Rappahannock County Code ¤151-7, "Tax on Local Telecommunications Service."  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Wayland.  NAY:  None.

 There being no further business, the meeting adjourned at 7:20 o'clock p.m.

 

 

 

                                                                        ________________________________________

                                                                                    Robert P. Anderson, Chairman