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 4th DAY OF MAY, 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: On motion of Mr. Lee, seconded by Mr. Welch, the minutes of the April 6, 2009 and April 24, 2009 meetings 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. Wayland, 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: (Supporting documents filed with papers of meeting.)

1) Quiz Bowl Team: A fundraiser will be held on May 5 to raise funds in order that all members of the team can attend the National Tournament in Chicago.

2) Panther Bands: The marching band, jazz band and concert band were selected to perform at Disney World in Orlando, Florida.

3) Gifted and Talented Programs: Two students have been selected to attend the Spanish Academy and the Agriculture Academy.

4) BioDiesel: A grant application is being prepared to build a unit that can convert used vegetable oil into fuel for use in buses.

5) Stimulus Funds: Grant applications are being prepared by the Food Services Director to replace ovens with Energy Star ovens.

6) FY10 School Board Budget: The proposed budget is properly before the Board for approval, the public hearing having been held on April 27, 2009. This budget represents a 1.79% decline from the FY09 Budget. Filed with the papers of this meeting are the Superintendent's answers to questions asked at the public hearing on April 24 and a copy of a letter to Supervisor Ron Frazier relating to questions regarding the repair and maintenance of the HVAC systems with analysis of the lists of expenditures for each year.

Motion to Adopt by Category: Mr. Frazier made a motion to approve the budget by category. Mr. Welch seconded the motion. Following discussion, the motion was defeated by majority vote. The following roll call vote was taken. AYE: Frazier. NAY: Lee, Wayland, Welch, Anderson.

Motion to Adopt by Bottom Line: On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted by majority vote to approve the proposed FY10 School Board budget in the total amount of $11,602,017.00. The following roll call vote was taken. AYE: Lee, Wayland, Welch, Anderson. NAY: Frazier. The approved version of the budget, dated March 23, 2009, is filed with the papers of the meeting.

PUBLIC COMMENT:

Tom Junk, Piedmont District, voiced dismay that the school budget was not adopted by category.

There being no further comments, the Chairman closed the Public Comment section.

OLD BUSINESS:

Scrabble School: The re-dedication was held on May 2nd and was quite well attended. The project is 95% complete.

Economic Development Advisory Committee (RCEDAC): Sixteen applicants submitted their resumes to volunteer to serve on this committee. Mr. McCarthy suggested a list of 11 whom are representative of various backgrounds, occupations, gender and geography. (All applications and resumes are with papers of meeting.)

On motion of Mr. Wayland, seconded by Mr. Lee and the unanimous vote of the Board, the following persons were appointed to serve on RCEDAC. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Representing the Agriculture community: John Genho, Nicholas Lapham and Cliff Miller.

Representing the Hospitality community: Barbara Adolfi, Gail Swift and Ben Jones.

Representing the Small Business community: Bradley Schneider, Ronald Makela and Doug Schiffman.

Others: Christopher Moyles (Housing); Kevin McCrohan (Academia); Roger A. Welch (Board of Supervisors).

Application Fees: Continue until June 2009 meeting.

Credit Card Payment for Taxes: This process is used by numerous other counties. Final details relating to payment of credit card fees and the number of machines needed will be resolved. Payment of taxes by credit card is expected to be operational for this year's tax bills.

NEW BUSINESS:

Public Safety Committee Recommendations: Arthur Candenquist, Chairman of the Committee, submitted a letter describing two public safety concerns considered at its April 13 meeting: (1) request to lower speed limits on 7 Pond's Road from 45 mph to 35 mph and (2) the need to monitor "controlled burns" so emergency equipment is not unnecessarily called to a fire. (Letters filed with papers of meeting.)

Mr. Luke was asked to research and recommend a way to educate and enforce the "controlled burns" issue. The speed limit issue was carried over until the public hearing at the evening session of this meeting.

Appropriation: Funds need to be appropriated from surplus to pay Reassessment expenses commencing this month. Next year's budget will also fund the reassessment from surplus. On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to appropriate $15,000 from surplus to line item 1210-3002-Reassessment. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Reassessment Board: By general consensus the Board authorized Mr. McCarthy to advertise for volunteers to serve on this Board. There must be at least three members and can be as many as one from each district. The appointments will be considered at the June meeting.

Private Donation's Fund to Schools: A $500 donation to benefit the schools has been received from a private citizen. The Board discussed methods of handle this type of revenue. Possibilities included creating a private endowment or placing it in the General Fund or returning it and asking the donor to make it payable to the School Board. Mr. McCarthy will make a recommendation at the June meeting.

Swine Flu Briefing: Mr. McCarthy reported that the recent outbreak of Swine Flu (officially named Influenza A H1N1) is considered a less virulent strain than originally thought. Schools will be closed if anyone is confirmed with the virus. The state pandemic flu response plan has been activiated including an Incident Command Structure and Emergency Coordination Center at the Virginia Department of Health. (VDOH document filed with papers of meeting.)

Courthouse Maintenance and Law Library Fees: New legislation relating to Virginia Code §17.1-281 and §42.1-70 authorizes the increase in these fees. By general consensus, the Board authorized advertising the fee increases for public hearing at the June meeting. (Copy of proposed ordinance filed with papers of meeting.)

APPOINTMENTS: None.

CORRESPONDENCE: (letters filed with papers of meeting)

Washington Volunteer Fire & Rescue, Inc letter complimenting Sheriff's Office relating to a dog bite.

Fauquier County Board of Supervisors letter offering thanks for the county's proclamation recognizing Fauquier County's 250th Anniversary.

INFORMATION: (documents filed with papers of meeting)

Biosolids News: Article relating to composting as a growing option for biosolids recycling.

Building Office Report: Total construction from March 22, 2009 to April 21, 2009 was $844,752.87. Year to date totals: (See papers of meeting for additional detail.)

Year to date totals:	2008	2009
New Home Construction	6	4
Commercial Buildings	1	1

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve accounts payables dated May 4, 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.6 to discuss the investing of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected by §2.2-3711A.6. The subject matter of the closed meeting was Office Space Lease(s). 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.

There being no further business at the General Session, the meeting recessed until 7:00 o'clock p.m. at which time the Board reconvened to conduct the following public hearing. All members were present.

VDOT 6-Year Secondary Road Improvement Plan and FY2010 Budget Public Hearing: Residence Administrator David Cubbage explained that due to budget cutbacks, some projects have been placed on the back-burner but can be returned to the plan based on available funding and ability to achieve the project in the time frame. There were nine projects last year; there are only five projects for this year.

Chairman Anderson opened the public hearing.

Bob Dennis and Julia Thieriot (Wakefield District) objected to replacing the Route 637 bridge. Mr. Cubbage explained that an "in-kind" single-lane replacement with no expansion in length or width will be used. VDOT has received a design exception that allows it to be a one-lane bridge after construction.

Ron Makela, Jackson District, explained that numerous requests have been made to reduce the speed limit on Battle Mountain Road from 55 mph to 35 mph. (See letter with papers of meeting.) Mr. Cubbage advised that before VDOT can change a speed limit, it must conduct a speed study.

There being no further comments, the Chairman closed the public hearing.

At the request of Mr. Frazier and by general consensus, the Board directed the County Administrator to send a letter to VDOT requesting a speed study on Battle Mountain and Seven Ponds roads.

Mr. Frazier further asked that the county request legislation at the upcoming General Assembly to reduce the speed limit on all dirt roads in the county to 35 mph.

Resolution: On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to adopt the 2009-2010 Thru 2014-2015 Secondary Six-Year Plan and the 2009-2010 Fiscal Year Budget and the Secondary System Construction Program Estimated Allocations. The following roll-call vote was taken. AYE: Anderson, Welch, Wayland, Lee, Frazier. NAY: None. (See Resolution and Allocations attached hereto as Exhibit A and made a part of these minutes.)

There being no further business, the meeting adjourned at 7:30 o'clock p.m.

____________________________________

Robert P. Anderson, Chairman