AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 5TH DAY OF MARCH, 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.

STAGGERED TERMS OF OFFICE: Mr. McCarthy reported that a meeting was held in the Courtroom at 1:00 o'clock P.M. for Dorothy Warner, Chairman of the Rappahannock County Electoral Board, to select the names of the two voting districts that will elect their supervisors and school board members to a two-year term at the November 2007 election, pursuant to an ordinance providing for "Biennial County Supervisor and School Board Elections and Staggered Terms," adopted December 6, 2004. Subsequent terms will be four years. Present at the meeting: Dorothy Warner, Chairman of the Rappahannock County Electoral Board; Nancy Newlin, General Registrar; Roger Welch, Wakefield District Supervisor; Peter Luke, County Attorney; John McCarthy, County Administrator and Diane Bruce, Circuit Court Clerk.

Ballots containing the names of all five voting districts were folded and placed in a box. In the presence of all in attendance, Chairman Warner randomly selected two ballots, Piedmont and Stonewall-Hawthorne Districts, as the two precincts that will elect officers at the November 2007 election for a two-year term, commencing January 1, 2008 and expiring December 31, 2009. The remaining three election districts will elect their representatives for the traditional four-year term.

MINUTES: On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the February 5, 2007 meeting were unanimously approved as corrected. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

AGENDA: On the motion of Mr. Frazier, 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, made the following report.

RCES Roof: Leakage repairs are being made by the contractor who is assuming responsibility for the repairs.

RCHS Track: Due to weather, the track may not be ready for the first track meet on April 12. The final bill will not be paid until the track is complete.

FY08 Budget--Teacher Salaries: A 4.5% salary increase is proposed for the FY08 budget. (2006-2007 Teacher's Salary schedule filed with papers of meeting.)

In response to inquiries from the Board, Dr. Chappell will provide the breakdown of full-time and part-time employees, the costs per child, and salary averages excluding Fauquier County as a part of the equation.

VDOT REPORT:

Rt 621 Bridge: This project began February 26 and should take 60 days to complete.

Paving Schedule: Sections of Routes 211, 522, 231 and Piedmont Street in the Town of Washington will be paved this summer.

Rediviva Bridge: A response for an estimate is being awaited; VDOT may hear as early as May.

6-Year Secondary Plan: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt the 2007-2008 through 2012-2013 Rappahannock County Secondary Six-Year Plan and the 2007-2008 Fiscal Year budget. See Exhibit A attached hereto and made a part of these minutes. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

PUBLIC COMMENT:

David Wilson informed the Board that the proposed winery legislation now being considered by the General Assembly, is acceptable if not amended. The legislation does not unduly restrain the county's ability to control "unruly wineries."

Phil Irvin thanked the Board for its support opposing Dominion Power's proposed plans for its power line that crosses the eastern portion of the county.

Monira Rifaat (1) Dominion Power: Ms. Rifaat inquired as to what could be done to prevent property owners from selling land to the power company. (2) FY08 Budget: She suggested that the county reform the budget process so that it is more inclusive of citizen input.

John Kiser, Stonewall-Hawthorne, commented that the budget is a "train out of control" and urged the Board to conduct a thorough and analytical study of revenues and expenses. He also suggested that the county contract with a financial expert for that help and suggested local property owner John Anderson. Mr. Kiser added that the county may become a "wealth ghetto" and that consideration should be given to waiving property taxes for low and moderate income residents.

Bob Lander expressed gratitude to the Board for its efforts in securing the $250,000 preservation grant for the former Scrabble School building. (Resolution to be considered later at this meeting.)

OLD BUSINESS:

Emergency Communications Update: There is nothing new to report.

Sludge Work Group Report: Another meeting is scheduled in April. The draft ordinance should be ready for the May meeting with a public hearing scheduled thereafter.

Rappahannock-Rapidan Community Services Board Borrowing Resolution: Brian Duncan, Director of the CSB, requested that the county approve a borrowing resolution should borrowing become necessary. Mr. Luke advised the Board that the county would be under no legal obligation to reimburse loan amounts in the event of default. (Rpt filed with papers of meeting.)

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to approve a "Resolution Authorizing Borrowing by Rappahannock-Rapidan Community Services Board and Area Agency on Aging not to Exceed $1,000,000" as 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.

Dominion Power Line: Mr. McCarthy suggested that the county endorse several initiatives regarding the proposed powerline as set forth in his letter filed with the papers of this meeting. One initiative is to appropriate $50,000 to a Legal Defense fund being proposed by Fauquier County. Culpeper County has not yet decided how it will respond.

Mr. Welch, Wakefield District, reported that the citizens of his district are opposed to using taxpayer funds for this proposal.

Mr. Wayland added that he did not favor raising taxes to oppose the proposed powerline.

On motion of Mr. Wayland, seconded by Mr. Frazier, the Board voted by majority vote to appropriate $50,000 from General Fund surplus to new Line Item 1101-1002 Dominion Power Transmission Legal Defense. The vote was recorded as follows: AYE: Anderson, Lee, Wayland, Frazier. NAY: Welch.

Further, by general consensus, the Board authorized the County Administrator to communicate with Governor Kaine, Delegate Gilbert, State Senator Obenshain, Senators Warner and Webb and Congressman Cantor and to seek the support of each in opposing the Dominion Powerline corridor plan.

Regional Jail Update: A planning site in Warren County north of the intersection of I66 and Rt. 522 was announced last week. A site in Page County is also being explored. Total cost of a new facility is projected at $60 million with Rappahannock's share being $2.5 million. Cost of construction is funded 50% by the state and 50% by localities. A Regional Jail Authority may be formed in the next few months.

General Assembly Update: (See papers of meeting.)

Farm Wineries: These bills were amended so that local government is not prohibited from regulating matters with which the county is concerned. Mr. McCarthy was authorized to send a letter to Governor Kaine requesting that he adopt the legislation without further amendments.

Sludge Legislation: The Health Department will transition authority over sludge to DEQ. Further, the county will have authority to locate storage facilities on sites where sludge is being spread.

Voting Machines: The county will continue to be permitted to use the OCR machines. Localities must provide accessible equipment for disabled voters; no form of wireless communication to or from voting and counting devices on election day will be allowed.

Workforce Investment Act, Inter-Local Agreement: This agreement has been endorsed by all counties in Planning Districts 9 and 10. Mr. McCarthy reported that it has been years since Rappahannock County had any participants, however, the agreement calls for equal share of liability. Mr. Luke expressed concern as to the county's potential for liability. By general consensus, the Board authorized Mr. Luke and Mr. McCarthy to inquire as to the feasibility of including a liability limiting clause and to place this matter back on the agenda at a future time. (Copy with papers of meeting.)

Computer Data Base Management System Contract Award: The following three compliant bids were received: Integrated Digital at $28,444; Document Imaging Solutions at $37,610 and Mindwrap @ $26,590. On motion of Mr. Welch, seconded by Mr. Wayland the Board voted unanimously to award the contract to Mindwrap in an amount not to exceed $35,000 as budgeted in line item 1102-1003, Grantwriter. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

NEW BUSINESS:

Scrabble School, Community Development Block Grant: On motion of Mr. Anderson, seconded by Mr. Frazier, the Board voted unanimously to adopt a Resolution in support of the application for a CDBG. (See 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. (Detailed report filed with papers of meeting.)

Regional Transportation Commission: Fauquier County has inquired as to the county's interest in a regional transportation commission. Taxes would be levied against the use of gasoline to support the commission. In as much as there is no benefit to Rappahannock County residents and it would require an extra tax on the county's citizens, the Board agreed by general consensus to take no action on the proposal. (See documents with papers of meeting.)

APPOINTMENTS:

Recreational Facilities Authority: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to appoint Jennifer Manly for a term expiring June 20, 2010. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

CORRESPONDENCE: Notice from DEQ of "Water Quality Standards Amendment Exceptional State Water Designations for Portions of the Hazel River within the Shenandoah National Park and Culpeper County, issued February 19, 2007. (Notice filed with papers of meeting.)

INFORMATION:

Building Office Report: Total construction from January 22, 2007 to February 21, 2007 was $2,383,460.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2006	2007
New Home Construction	9	8
Commercial Buildings	1	1

Population Growth Charts: The Rappahannock-Rapidan Regional Commission (RRRC) population estimates for April 1, 2000 until July 1, 2006 show that the population in Rappahannock County has decreased by 0.8%, from 6,983 to 6,931 (-52 net change).(See papers of meeting.)

ACCOUNTS: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the Accounts Payables dated March 5, 2007. The vote was recorded as follows: AYE: Wayland, Welch, Frazier, Lee and Anderson. NAY: None.

EXECUTIVE SESSION: On motion of Mr. Frazier, 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.

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.

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) CIM Real Estate Rezoning, RZ#07-01-01: Dr. John McCue, representing CIM, has applied to rezone the parcel currently housing a professional office in a converted existing SF residential unit, to GC from A. The property, which is described as Tax Map 28, Parcel 56D, is zoned "A" Agricultural and is located across Route 211 from the Rappahannock National Bank. The site currently houses a professional office for a physician's practice, under a Special Permit issued some years ago. Rezonings are allowed under Section 170-134 of the Rappahannock County Code. The property is within the General Commercial Area Plan of the Comprehensive Plan.

The Planning Commission unanimously (one member was absent) recommends conditional approval as set forth in their Record of Decision, filed with the papers of this meeting.

Chairman Anderson opened the public hearing.

The applicant's attorney, James W. Fletcher, III, explained that Dr. McCue has a very large practice and needs more employees to enable him to serve the community appropriately. As to the right-of-way issue, Mr. Fletcher proffered that Paul Baldwin and John "Lucky" McCoy, owners of the property over which the driveway is currently located and adjacent to the subject property, are willing to rezone their properties if necessary in order to satisfy VDOT and zoning requirements. Further, there is a 130-foot buffer to the adjacent property. The Zoning Ordinance requires only 125 feet of buffer. Mr. Fletcher added that the applicant is not asking to break any rules and is willing to comply with reasonable requirements.

Dr. McCue added that it is difficult for him to continue his practice with only three employees to which he is now limited.

Gary Schwartz, Mike Hurst, Denise Chandler, Don Chandler, Michelle Schwartz, Bud Corder, Paul Baldwin, Dick Ridiger, Ray Boc, Judy Ridiger, Leon Hutcheson, Sharon Pyne, and Paul Reisler supported the work of Dr. McCue and spoke in favor of approving the application in order to keep the medical facility in the county.

Paul Baldwin stated that he is willing to rezone the two acres over which the driveway to the facility is located.

John "Lucky" McCoy added that the use is a natural progression of the stretch of land to be used as commercial property; it is within the boundaries of the bank, the Old Toll House, CCLC, two real estate offices, the electric motor repair shop and the storage unit complex.

Ken Estes, a neighbor, stated that no one is exempt from the zoning laws and that the applicant should abide by the rules that were already in effect when the house was built.

Jean Lillard commented that the law should be applied to Dr. McCue as it would be to anyone else.

Shelly Cook, owner of Trinity Construction, added that it is very expensive to comply with the ordinance and site plan.

David Konick, attorney for Mike and Judy Brown, stated that the issue before the Board is whether this application meets the standards set out in the Zoning Ordinance and whether this is "spot zoning." There are no conditions or proffers as to use. The application must be considered on the basis of what future uses can be made of this property. There has been no study of the amount of traffic and no recommendation by VDOT. He asked the Board to apply the rules as it would in any other case.

There being no further comments, Chairman Anderson closed the public hearing at 7:50 o'clock p.m.

On the advice of the County Attorney and County Administrator, and on motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to table the application to allow the parties and their attorneys an opportunity discuss proffers and resolve all other issues. The vote was recorded as follows: AYE: Wayland, Welch, Frazier, Lee and Anderson. NAY: None.

(2) Lee Efficiency Apartment, SE#07-02-01: Tabled by Planning Commission until the April meeting.)

There being no further business, the meeting adjourned at 7:55 o'clock p.m.

________________________________________ Robert P. Anderson, Chairman