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

               Present

             Present

                Absent

Roger A Welch, Chairman

S. Bryant Lee, V-Chairman

Ronald L. Frazier

I. Christopher Parrish

Michael J. Biniek

John McCarthy, Co. Adm.

Peter H. Luke, Co. Attorney

Margaret R. Ralph, Clerk

                  None

 

 

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

 

MINUTES:     

 

     On motion of Mr. Lee, seconded by Mr. Frazier, the minutes of the March 1, 2010 meeting were unanimously approved. The vote was recorded as follows:  AYE:  Welch, Lee, Frazier, Parrish, Biniek   NAY:  None.  ABSENT:  None.

 

AGENDA:    

    

     On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted unanimously to adopt the Final Agenda with two corrections: the addition of the Criminal Justice Academy Charter Amendment and the deletion of the Closed Session.  The vote was recorded as follows:  AYE:  Welch, Lee, Frazier, Parrish, Biniek.  NAY:  None.  ABSENT:  None.

           

ABOUT OUR SCHOOLS: 

 

Dr. Robert Chappell, Superintendent of Schools, made the following report:

 

(1)   A new five-page newsletter is now on the School Website.

 

(2) Dr. Chappell commented on the second annual efficiency report required by the state.       (Copy attached).  He directed the Board's attention to page 4 and following pages showing the percentage of implementation.  He pointed out that the state uses this report to determine if the money appropriated is correctly spent and documented. Dr. Chappell sent all necessary documentation to the state and the memo he received back indicates that we have satisfied the state requirements and that Rappahannock will not be subject to the 25% cost recovery.

 

(3) The next item discussed was a Flyer produced by Dr. Chappell's office at the request of the School Board which summarizes the 2011 school budget as to revenues and expenses.  It contains anticipated revenues and expenses as well as pointing out some Budget highlights.  There is also a section on our schools' value for County Taxpayers.

      

     Dr. Chappell spent some time explaining why the School Board has requested no increase in local funding and the $285,705.00 "supplemental basic aid" based on the "Cost Saving" agreement with Madison County.  He stressed that this money may be used only for educational purposes.  He thanked John McCarthy, members of the Board, members of the School Board and county citizens who were instrumental in obtaining these funds for the Rappahannock County Schools.

       

     Dr. Chappell continued his report with information about the replacement of school buses and the state recommendations for their replacement, the use of funds for maintenance and energy costs and school improvements.

      

     The RCPS Budget Fact Sheet and Staff listings included with Dr. Chappell's report were produced to answer questions received at a recent School Board public hearing and questions in an e-mail from Mr. Frazier.  The two lists show the School Staff  for 2007-2008 and 2009 –2010.

     

      A copy of the proposed School Budget was included with the Board's packet.  Dr. Chappell asked if the Board wished to discuss anything in this document.  Mr. Welch inquired if any Board Member had questions.  A brief summary explanation of the School Budget followed.  During the discussion Dr. Chappell pointed out that the Board of Supervisors has always been very supportive of the Schools and the School Board and that of the neighboring counties, it ranks in the upper 1/3. The explanation continued and Dr. Chappell explained on the 0-Step Salary Scale.

     

      Mr. Parrish asked what the effect would be money wise and morale wise if the teachers were given a token raise. This could keep our teachers here and be a good recruitment tool.  Dr. Chappell and school board member Aileen Johnson commented that every school employee is of value and that even a token raise to some would not be fair, but that the School Board could consider a bonus for all employees.

      

     Mr. Welch commented that 12 years ago a 5% raise was given just to teachers, but in order to do this the Board has to approve the budget by category.

    

     Mr. Lee added that if the Board were to give a raise to teachers, then all other county employees would expect it also.

    

     Mrs. Johnson thanked Mr. Parrish for the thought and added "maybe next year".

    

     Mr. Frazier questioned Dr. Chappell about a raise he received in 2008-09.  Dr. Chappell explained that this was not a raise but an annuity clause in his contract.  His salary has not increased for the past 4 years.  Mr. Frazier continued with a question and comment on the number of employees for the past several years and added that he appreciated Dr. Chappell's providing the report on the number of school employees.

 

LIVING LEGACY PROJECT: 

 

     Chairman Welch welcomed Cate Magennis Wyatt from the Civil War Sesquicentennial Living Legacy Project – Journey Through Hallowed Ground.  Ms Wyatt explained that this project began about 5 years ago and created a non-profit regional group with members from Virginia, Maryland, West Virginia and Pennsylvania.  The goal of this project is to preserve and share the unique characteristics of the land along the Route 15 Corridor from Monticello to Gettysburg.

    

     The project has 5 goals:  to create awareness, to provide educational programs, to join other groups that are interested in preservation this area, to create National Scenic Byways, and to keep this land privately owned.  Five years later the project has achieved many of its goals creating visitor's centers, publishing books and guides, copies of which she presented to the Board, and generally honoring the path of the men fighting in the Civil War.  The group has also established summer camps to help children from rising 6th graders to 8th graders to help children interpret history that is in their own backyards.  She thanked Ron Maxwell, a resident of Rappahannock County for his work in the filming a documentary for the children in these camps.  Ms Wyatt added that she would be interested in establishing a camp in Rappahannock County.

    

     During the sesquicentennial there will be many visitors to the Civil War area parks.  4000 are being trained to assist in these parks.  The goal is to have 10,000 qualified workers.

    

    Each town and county is being asked to endorse and create a Living Legacy Project.  The group is planning to plant a tree along the corridor for the 620,000 who died during the War.  No funding is being requested, but the Project would like to know if the Board supports this effort to create a National Byway and a living legacy.

    

     On motion of Mr. Parrish, seconded by Mr. Biniek, to endorse the Living Legacy Project – Journey Through Hallowed Ground.  Mr. Frazier asked if there would be intrusion on private property.  He also commented that he thought the trees would have to be very close to each other and that several varieties of tree should be used.  Ms Wyatt offered comments concerning this question.  Mr. Lee asked about Highway Department input.  Ms. Wyatt explained that the group is working state highway department as well as with the Federal Department of Transportation.  Motion was unanimously carried.

    

     Chairman Welch thanked Ms Wyatt for the presentation.

 

VDOT Structure Changes/6-year Plan: 

 

     VDOT Representative David Cubbage introduced the new VDOT Culpeper District administrator, Jim Utterback, who explained in detail the organizational changes that have recently been implemented in VDOT because of the budget crisis in Virginia.  Before explaining these changes, Mr. Utterback commented on the aftermath of the recent snow events in our area including the record 77-inch snowfall as well as the additional money used to deal with these storms.  He added that Rappahannock County did a tremendous job during these weather events.

    

     Changes in VDOT include the lay off of more than 640 employees.  VDOT is trying to find replacement positions for all those who want them.  Additionally of the 4 residencies in our district, two of them, Culpeper and Louisa will be closed. Only Warrenton/Fauquier and Charlottesville will remain open.  The shops in Orange and Louise will be closed also.  Rappahannock County will now be served by the Warrenton Residency, which will be focused mainly on maintenance.  The 6-year plan and land/road planning and development will be the responsibility of the District Office.

    

     180 Fiscal assistance positions have been eliminated.  The offices answered telephone requests.  VDOT now has a 1-800 number for public assistance.  Calls will be routed through a statewide call center.  We will still have a residency number with David Cubbage in charge of maintenance. Mr. Utterback continued his presentation.  There will also be a local lesion person who we will always be able to call.  Person has not been chosen yet.  A letter on these complete changes will be forthcoming.

    

     Mr. Welch congratulated VDOT on their snow-removal efforts and thanked Mr. Cubbage for his service to Rappahannock County and for ease of our working relationship

   

      Mr. Lee asked if contract work would be used.  Mr. Utterback answered this will depend on circumstances.

    

     Mr. McCarthy thanked Mr. Cubbage for his work in the county.

    

     Mr. Biniek asked about the speed limit study in Sperryville.  Data collected in March is completed and the report will be to Mr. McCarthy by the end of April.  Flint Hill data will be reported on the same time line.

 

     Mr. Paul Russell and Ms Karen P. Kilby, Programming & Investment Management Director, presented a pre-report on the County 6-year Plan. 

           

Route 729        Richmond Road          Under design and partially funded

                                   

            Route 637        Jericho Road               3-4 years before any construction

Partially funded with a long time frame due to budget            constraints

           

            Route 640        Battle Mtn Road          Starting this summer and Fully funded                                                                                               Mostly repaving, and drainage upgrade

                                                                        Completion time – this year

 

Aaron Mtn. Road Bridge Project        Road upgrade also – some money but only moderately funded.  Several years before actual construction

North Poe's Road Bridge

    Replacement                                    Qualifies for Federal funds.

 

     All of these projects are in preliminary stages, but this is the list we propose to you for

 the Board's adoption at the May 3, 2010 public meeting.

 

     Mr. Parrish asked a question concerning the location of the Aaron Mountain Road.  He also asked if Battle Mountain Road wasn't the road the Board just designated as a Rural Rustic road.  An explanation was given by David Cubbage and added to by Karen Kilby.  Typically this project will be a repair undertaking and not a major upgrade and the Rural Rustic Project will keep the rural nature of the road intact.

 

Mr. McCarthy will advertise the Public Hearing for the May 3, 2010 meeting.

 

 

 

RANDOLPH JONES, RFC ASSOCIATES – FY 2009 AUDIT: 

 

     Each Board Member has a copy of the Audit Report. Mr. Jones explained that the audit for FY 2009 yielded a clean opinion, although some negative findings were noted  However, he reported that corrective actions in these findings were already in process and some have already been implemented.  There were some problems in the Social Services Office during the period when the Rappahannock and Culpeper Offices were combined and with some general accounting practices.  He asked if there were any questions.

 

     Mr. Lee asked if there were any major problems.  Mr. Jones said there were none and that there was good cooperation with county staff.  Some things appeared to be one-time errors.  Mr. McCarthy interjected that one of the problems found was the way he reported the Closing of the Landfill and the Scrabble School Project.  The problem came about because of the way the Government Accounting Standards Board (GASB) wants actions reported to an interim outside auditor who prepares the county books for audit.  Mr. Jones continued with a brief explanation of GASB.

 

     There was a brief discussion on the need for a centralized accounting system with a finance director or manager.  Several years ago the County investigated this type of system, with no action taken.  Eventually, this type of system will have to be implemented.  Mr. Welch inquired as to the cost of such a system.  Mr. Jones answered that it would cost in the millions of dollars.  In view of the costs and the current budget crisis, Mr. Lee asked if we could continue as we are.  Mr. Frazier commented that the Board is not doing what is necessary for its fiscal responsibilities

 

PUBLIC COMMENT:

 

            Frances Schroeder, Electoral Board Member, commented on the future plans to move the polling place in Stonewall-Hawthorne District, saying that the newly proposed site is not convenient to many people and that the road would present a problem because it will be too heavily traveled.  Mr. Welch asked if the Electoral Board had a suggestion as to where the polling place should be moved.  Ms. Schroeder said the Board had suggested the Scrabble School site.

            Dorothy Warner, Electoral Board Member, also said it was a long way for the voters to go.

           

            Tom Junk, Piedmont District, offered comments on the County Budget, including the need for 2 animal wardens and the use of the county-owned House located next door to the Library.  He continued with comments on the School Budget including the pupil to teacher ratio, number of students, the trends of young families moving to Rappahannock county, fewer students means the need for fewer teachers, Dr. Chappell's raise/annuity.  He commended the Board for their maintenance assessment efforts but continued that some of them are still not repaired.  He ended by saying that there is enough money and if it is spent properly, raises can be given to everyone.

 

Land Use Application Time Extension:  ( New Business - Taken out of order)

 

     Mr. McCarthy explained a problem with some property owners with the use-value taxation application and process (Land Use Program) that is required after a county reassessment. The issue is that some applications are not complete.  The Commissioner of Revenue's office does send out notices to deal with the various types of deficiencies, but still, some are not completed in a timely manner.  The state has allowed a grace period for such late filing  - to a date certain – 15 days.   Ms. Atkins, Commissioner of Revenue, commented that 23 people didn't get their completed application filed before the deadline, each with various deficiencies.  All of these property owners received several notices reminding them of the problems with their application.  These people were removed from the program and will have to re-qualify next year.  There was a discussion concerning this issue, but the consensus of opinion was that the extension date could not be re-extended and that it is the responsibility of the applicant to complete and file his/her application according to the Ordinance guidelines.  However, Mr. Luke, County Attorney, will research the issue.  Mr. Parrish inquired about this issue and the effects of rollback taxes and farm use qualifications for this tax relief.  Ms. Atkins explained the requirements.

 

OLD BUSINESS:

 

     The meeting continued with a report and recap on the Arts, Cultural, Tourism zones, and Tax Increment Financing that would be affected by bills now in the General Assembly. (This issue was on the February Board of Supervisor's Agenda and was tabled to this meeting.)  Mr. McCarthy reported that all these bills that might have had impact on proposed legislation either failed or have been passed in such a way that they have no effect. 

   

     He referred to a proposed amendment to the County Code creating Conservation or Rehabilitation Districts allowing tax incentives certain zones.  The ordinance would not create these zones, it would just allow them.  Each zone would be created on a case-by-case basis.  If the Board would like to consider this, Mr. McCarthy proposed putting it on the agenda for a subsequent meeting date in conjunction with the meeting of the Planning Commission which will be considering changes to the Planning Ordinance.  This would take place in late summer or early fall.    Mr. McCarthy will work with Mr. Luke and at this later time, all amendments could be considered at the same time.  Brief discussion followed.  Questions were raised by Mr. Welch concerning the types of zones and where and how they could be created and/or rehabilitated. Mr. Frazier added that he would like to learn more about this subject because if might give people the incentive for redevelopment/rehabilitation.  The consensus was that Mr. McCarthy should continue to investigate this issue and to bring it to the Board at a subsequent meeting.

 

 General Assembly Report concerning HB 501 and HB 503 and HB 504:

 

            HB 501 & HB 503 (Jordan and Hughes River Scenic River) passed unanimously out of the House and Senate and are awaiting the Governor's signature.

            HB 504(Max. Speed of 35 mph on unpaved roads) has been signed by the Governor and will become effective July 1.  We will coordinate with the Sheriff's Office and maybe do some advertising so that the public clearly knows about this change in the law.

 

Board Budgetary Policy Issues, Facilities Assessment Report (SRP. Inc) and Consolidation of County Facility Services: 

 

     The Facilities Assessment Report (copies provided) was funded by the Board and requested by the School's Energy Committee to determine the problems at the School that may affect energy use expenditures.  Not too many surprises with the exception of a problem with an overriding o a control in the gym.  There will be a meeting on April 22 with the engineers to review these projects in detail.  Results of this meeting will come back to the Board at a subsequent time.  Mr. McCarthy noted that there is a million dollar item in the budget that is not earmarked and could be used to fund any projects noted in this assessment.

 

     Mr. Frazier offered a suggestion that since the Bank Road Project is not viable, could this money be used to fund these repairs and have some structured payback with the school system.

Mr. McCarthy will give the board an analysis of this issue as well as the major options the Board may want to consider well before the adoption of the school budget. 

    

     This SRP report is related to the Consolidation of County Facility Services because it considered to the integration of all county services as well as IT issues as they related to the fiscal consolidation.  There needs to be a meeting of the minds between the School Board and the Board of Supervisors.  It may be necessary to bring in an outside professional to give both boards an impartial opinion.

    

     A discussion followed with comments from Mr. Frazier, Mr. Lee, Mr. Welch concerning the need for a third party and the expense, the borrowing of money at this time versus the use of Bank Road funds, and the fact that the Board knows what needs to be done, coupled with the question of how it can be done.  The Board will look forward to Mr. McCarthy's analysis.

 

      The question before the Board is a level tax rate.  Mr. McCarthy commented on the number of employees in the school system and on the county rolls.

 

     Since the Board will not be using the services of Ameresco(spelling?),  a motion was made by Mr. Frazier to pay this company for its services.  Mr. Parrish seconded the Motion.  All were in favor and the motion passed unanimously.

 

Fire and Rescue: 

 

     This is a follow-up to the issue discussed at previous Board  meetings.  Mr. McCarthy reported that he has spoken to his peers in surrounding counties and Campbell County is the closest to us in their geography and their reliance on volunteers versus paid employees.  They did an assessment in 2008 and have sent a copy of this report to us.  There is no line item at this time in the Budget for this needs assessment cost.  However,  Mr. McCarthy requested that one or two Board members work with him in development of plan in the RFP and to join in the discussion with potential contractors.  All of this information will be shared with the Fire and Rescue Association and their input would be appreciated.  No action taken.

 

     Mr. Parrish requested an explanation on this topic.  Mr. McCarthy updated Mr. Parrish and the Board on the history of the RFP and the belief of the members of the Fire and Rescue Association on un-met need within the County.  Some questions that have arisen are:  do we have the right equipment and facilities, can we improve efficiency without purchasing or building additional things and how is a decision made by objective criteria.  Many counties hire independent companies to do an impartial study to assess what you already have and to determine are we underserved or overserved.  The idea of this type of plan is to assess our physical plants, to see if we need more people and determine if we can be more efficient.  It will be a type of roadmap for us. 

    

     This type of action was discussed several years ago.  There were vehement objections and this project was not undertaken.  While the present course is still not completely accepted, it is being met with less opposition.  Any meeting will take place in late summer or early fall of this year.

 

Polling Place: 

 

     Discussion concerning the Polling Place in Stonewall-Hawthorne District followed.  Mr. McCarthy tried to diffuse any problems by putting a notice in the Rappahannock News, which the paper graciously did.  (Thank you, Roger). 

    

     Mr. Parrish explained that he brought up this issue at a previous meeting because he believed that Mr. Lebanon Church would not be available for upcoming elections.  So he suggested the Castleton Fire Hall hoping that he could get some public comment on it at the next evening public hearing. As a courtesy he called Dorothy Warner, Electoral Board Member, who would like to have the Scrabble School replace Mt. Lebanon.  However, it was determined that Mr. Lebanon will be available, so there in really no reason to consider changing the polling place at this time.  Additional, because of the census and perhaps redistricting, it would make more sense to wait until that time to make any changes.

   

     Mr. Welch asked  Mr. Luke how long it takes to change a polling place.  Mr. Luke explained that we would have to contact the Justice Department to get approval – a type of preclearance, which can vary from a short time to several months.  This can't be done at a time that is very close to an election.

    

     Mr. Frazier asked about splitting the district as it is in Wakefield. 

 

Survey – semi annual tax bills: 

 

     Mr. McCarthy and Mr. Parrish checked the survey results and the "No" vote was about 5 to 3.  There were about 50 votes with comments of  "I don't care" or "I'd rather not pay any taxes at all".  But in the final analysis, there was a very strong majority against changing it at all.  Mr. McCarthy will keep all the ballots in his office.                

 

NEW BUSINESS: 

 

School and County Budget Hearing Date:

 

     After checking verbally with all the Board Members, Mr. McCarthy has reserved the High School auditorium for Monday, April 26, 2010 at 7 PM for both the School and County Budget Public Hearing.  For the benefit of new members Mr. McCarthy explained the time constraints set by statute in approving the School Board Budget as well as the County Budget.  You must have a public hearing at least one week prior to the adoption of the School Board Budget.  He is not suggesting that the County Budget be approved at this time.  However, with both public hearings being held together the most information is available at the same time.

 

     Mr. Frazier suggested that for the benefit of the two new board members a work session should be considered.  This session could be with the School Board or for just the Board of Supervisors.  The School Board will convene on Tuesday, April 13 for a regular meeting, so if the Board wanted to meet with the School Board the date range would be April 14 to April 23.

A brief discussion followed.  The Board of Supervisors will have a work session on Thursday, April 15 at 7 PM.  This meeting will be open to the public.  Mr. McCarthy will check of the availability of the School Board if a joint meeting is necessary.

 

Criminal Justice Academy Charter Amendment:

 

     Mr. McCarthy explained that the Criminal Justice Academy is a cooperative venture of several counties.  It is the facility that trains law enforcement personnel.    Rappahannock has been a member since 1988.  Sheriff Connie Smith commented that because the academy has a new director, the charter needs to be amended.  All other members have signed.  This training is funded by a line item in the Sheriff's budget.

    

     This action requires a resolution of the Board.  On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to accept the amendment to the charter.  The written resolution is filed with the minutes of this meeting.

 

VRS Long-Term Care Administration Agreement: 

 

     This insurance is offered to county employees.  The VRS has changed their provider and requires a resolution to accept or not to accept this plan.  There is no financial obligation to the Board; it is entirely paid for by the individual employee.  There motion by Mr. Parrish, seconded by Mr. Lee, to accept this agreement.  All Board members voted Aye.  Motion carried.

 

VJCCA: 

 

     Mr. McCarthy explained that the Board is enrolled in the VJCCA, the Virginia Juvenile Crime Control Act, which basically provides funds from the Commonwealth to provide services for kids who have been put into the criminal justice system.  The County only contributes an amount that is required by statute, but it is based in Fauquier County, so you have to adopt a resolution to allow Fauquier to submit the application.  Kenny Smith is the Court services director and has been in this position for several years.  He handles the program and administers the funds, but the state asks that you adopt this resolution periodically and basically says that Mr. McCarthy can sign and execute paperwork until the Board says otherwise.  Motion by Mr. Parrish, seconded by Mr. Biniek, to accept this agreement, was passed unanimously by the Board.

 

 APPOINTMENTS:

 

     Raymond Brown's term on the Planning Commission will expire on April 21, 2010.  Mr. Brown has expressed a desire to be reappointed.  On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to reappoint Mr. Raymond Brown to the Rappahannock County Planning Commission for a term of office expiring. 

 

CORRESPONDENCE:    None

           

INFORMATION: 

March Building Permit Report

Rappahannock African-American Heritage Center – opening at the Scrabble School on 5/1/10.

VDOT Report (Also March Report)

No Entrance Fees for April 17-25 at Shenandoah national Park for National Park Week

 (all found with papers of the meeting)

 

No  Public Comment

 

ACCOUNTS:  On motion of Mr. Lee, seconded by Mr. Frazier, accounts as presented were approved unanimously.

 

NO 7PM MEETING

 

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adjourn

 

NO CLOSED SESSION NECESSARY

 

There being no further business, the meeting adjourned at 5:05 o'clock p.m.

 

 

                                                            _________________________________________

                                                                        Roger A. Welch, Chairman