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 2nd DAY OF JUNE, TWO THOUSAND AND EIGHT 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.

MINUTES: On motion of Mr. Frazier, seconded by Mr. Welch, the minutes of the May 5 , 2008 meeting were unanimously approved as submitted. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

AGENDA: On motion of Mr. Welch, seconded by Mr. Lee, 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, reported as follows:

(1) Appropriation: The final appropriation to the bond account in the amount of $40,625.81 was submitted to the Supervisors and approved on motion of Mr. Lee, seconded by Mr. Welch and the unanimous vote of the Board. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(2) Athletic Field Lights: The Rappahannock County School Sports Association (RCSSA) has put together a package of fundraising commitments and pledges to fund a ten-year project in the total amount of $511,320 that would install stadium lighting at the baseball, softball and football/soccer fields. All funds would be raised by RCSSA; there would be no costs to the county; however, the county is being asked to sign a ten-year lease/purchase agreement that would guarantee the ten annual payments of $51,132. Costs to operate the lights are estimated at $2600 per year based on 27 football/soccer games, 10 softball and 10 baseball games. The proposal will be made at the June 10 School Board meeting and if approved submitted to the Supervisors at their July meeting. (See papers of meeting for proposal and remarks of county administrator.)

(3) MGT Report: Dr. Chappell distributed a 4-page list of recommendations made by MGT (school evaluation team) and his preliminary response/action as to each recommendation. (See papers of meeting)

(4) FaxView: School events and notices. (Filed with papers of meeting.)

Mr. Frazier reported seeing an internet report showing that Rappahannock County High School ranked 709th of the top 1300 high schools in the nation. There are a total of 27,000 high schools in the U.S. This ranking places RCHS in the top 2.5% of all high schools nationwide.

PUBLIC COMMENT:

Historic Districts: Hal Hunter, Fran Krebser, Monica Worth (RLEP), Jeff Light, Bob and Karen Darby, Ashley Matthews (RCCA), Phil Irwin, Sharon Pierce, Cherrie Woodard, Pat Saltonstall and Don Loock (PEC) spoke in support of proposed historic designations for the villages of Flint Hill and Woodville and the Ben Venue, Fodderstack, Yancey and F.T. Valley roads. (See letter from Dept of Historic Resources, Hunter's narrative with exhibits, petition and letters of support with papers of meeting.)

Farm Bill: Don Loock (PEC) informed the Board that the recently approved Farm Bill provides federal tax incentives for land owners that give conservation easements. The bill increased the tax credit for 100% of the donors adjusted gross income for 15 years. All other contributors are eligible for a tax credit of 50% of AGI.

There being no other comments, the Chairman closed the public comment portion of the agenda.

OLD BUSINESS:

Stuart Field Deed, Ruritans to Rappahannock County: Mr. Luke and Mr. McCarthy reported that the Ruritans have executed the Deed of Gift for Stuart Field to Rappahannock County. The county's acceptance of the deed will take place following the public hearing on the lease agreement with RAA, said hearing to be held at the evening session of this meeting. The property will then be held by the County subject to the restrictions contained in the deed and the lease agreement. (All documents filed with papers of meeting. See deed recorded as Land Record Instrument #08-780).

On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted by roll call vote to authorize Mr. Luke and Mr. McCarthy to execute the acceptance clause of the Deed of Gift and to execute the Lease Agreement with the Rappahannock Athletic Association at the conclusion of this evening's public hearing on said Lease Agreement. The following roll-call vote was taken. AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Broadband Service: Virginia Broadband and EMBARQ HIS Proposal: Embarq telephone has submitted a proposal for a 50/50 partnership with the county to provide broadband service to the Flint Hill and Huntly areas in the total amount of $311,700. The county share would be $155,850. (Embarq letter with papers of meeting.)

Virginia Broadband proposes to install 7 transmitters that would provide broadband coverage to 70% of the land area of the county at a total cost of $450,000. The county would "upfront" the money and would be fully reimbursed with interest at the conclusion of five years. Reimbursements would begin at the end of the first three years. VABB has a similar "service agreement" with 2 others counties; it currently operates in 17 counties.

Mr. Luke cautioned that the county will be navigating through perilous waters as there are no assurances. If the company, which has no assets, goes out of business, the county will be out of its investment and would have no recourse. Further, the county must make a finding that this is a sole-source project.

By general consensus, the Board authorized Mr. Luke and Mr. McCarthy to continue working with Virginia Broadband and to return to the Board at the July or August meeting with a proposed "service agreement."

Clean Streams Day Report: Beverly Hunter submitted a report, filed with papers of meeting, as to the Clean Streams Initiative. The report defines the purpose of the public outreach activities,the outreach campaign from September 2007 through April 2008, the levels and types of public participation and the costs and benefits.

Regional Reassessment: The Commissioners of Warren, Clarke, Page and Rappahannock have requested a joint public meeting of commissioners and supervisors of said counties to further consider a proposal for a regional reassessment. On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to hold a special meeting on June 10, 2008 at 7:00 o'clock p.m. at the Warren County Board Room, Front Royal, Va. The following recorded vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

NEW BUSINESS:

MGT Report (Public Schools Evaluation Team): Mr. McCarthy confirmed that representative(s) from the MGT group will make a presentation at the July or August meeting. All questions must be submitted to Mr. McCarthy in writing no later than June 10, 2008. Costs to the county for travel and accomodations will not exceed $1000.

VF&R Appropriation for Personal Property Refund: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to appropriate $12,680.20 to line item FSF-5611.

Comprehensive Services Act Funding: Local funding requirements are likely to increase next year for juveniles placed outside the county in residential treatment programs. This year's costs were approximately $600,000; next year they could increase to $825,000. Mr. McCarthy will keep the Board apprised of how the numbers trend.

APPOINTMENTS:

Farmland Protection Program: On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to reappoint Alvin Henry, Monira Rifaat and Charlie Sher to new four-year terms each, commencing July 1, 2008. The following recorded vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Rappahannock EMS Council: On motion of Mr. Welch, seconded by Mr. Wayland and the unanimous vote of the Board, Donald Gore was reappointed to a three-year term commencing July 1, 2008. The following recorded vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Water & Sewer Authority: Ruth Kiger's term expires on July 31. Appointment continued until July meeting.

CORRESONDENCE: (See papers of meeting.)

Rural Historic Districts Eligibility Notice & Memos: Discussed at Public Comment portion of meeting earlier on this date. (See papers of meeting.)

Department of Conservation and Recreation: Letter regarding Virginia Scenic Rivers Program with reference to the Hughes and Jordan rivers.

INFORMATION:

6:00 PM: DEQ will hold a public hearing on the permit amendment regarding the landfill closure.

6:30 PM: A photo-shoot will be held at the courthouse with the Amissville Ruritans.

CARF Certification for RRSCB: This award is the first accreditation that the international accrediting body has awarded to CSB and Area Agency on Aging. (See letter with papers of meeting.)

Shenandoah National Park: Announcement of 75th Anniversary Celebration. June 21 will be the "Fee Free Day" for neighboring county residents.

Building Office Report: Total construction from April 22, 2008 to May 21, 2008 was $2,100,007.91. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2007	2008
New Home Construction	18	14
Commercial Buildings	4	1

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve accounts payables dated June 2, 2008. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business, the meeting recessed at 3:55 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following six public hearings. The Chairman called the meeting to order. All members were present.

(1) SE#08-04-02, Pittinger Second Dwelling: The applicants have applied to construct a second dwelling on a 93-acre parcel. The property is located at 72 Weaver Road, Amissville and is described as Tax map 33, parcel 82, zoned "A"- Agricultural, Jackson District. The use is allowed under §170-36A. The property has more than sufficient density to accommodate the second dwelling. The Planning Commission held its public hearing on May 21 and unanimously recommended approval.

Chairman Anderson opened the public hearing. The applicants stated that they want to move into the new house and then restore the old house. There being no others who wished to make comments, the Chairman closed the public hearing.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve Special Exception #08-04-02 conditioned upon approval by VDOH. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(2) Lease with Rappahannock Athletic Association (RAA) for Stuart Field: Mr. McCarthy reported that the deeded transfer of the property took place earlier in the day. The purpose of this public hearing is to consider a lease agreement with Rappahannock Athletic Association (RAA) that would set forth the terms and conditions under which the county accepts the deed and under which RAA would operate the field.

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

On motion of Mr Lee, seconded by Mr. Frazier, the Board voted unanimously to execute the a lease agreement for Stuart Field with RAA, Inc. (See Exhibit A attached hereto and made a part these minutes.) The following roll call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(3) FY2009 Budget: The advertised draft of the budget, which includes the approved FY09 School Board budget, shows an "all in" real estate tax rate of $.60. The FY08 tax rate was $.59. ($.55 for General Fund and $.04 Fire Fund). This budget represents a 1¢ real estate tax increase.

Mr. McCarthy explained that there are an unusual number of capital projects requiring spending increases, notably for closure of the last cell in the landfill, the Scrabble School project, conversion for potential office use of the county owned house adjacent to the Library, the Civil War Trails project, replacement of the Treasurer and Commissioners of the Revenue computer system and the 800 MHz communications system. With the exception of the communications system, none of these projects requires new taxing as they are funded through a draw-down of accumulated reserves which were retained for that purpose or are funded through grants obtained from the state and federal governments and through private fund-raising.

Mr. McCarthy further advised that the increase in the Fire Levy of $.01 on real estate is required to convert to the new 800 MHz communications system. This system is a vital element of providing communications for law enforcement and volunteer fire/emergency responders alike and is essential in order to secure the safety of the public, law enforcement personnel and volunteers. The revenues resulting from the $.01 increase for each of the next two years, coupled with grants, accumulated funds in the General Fund and accumulated funds from the Volunteer Fire & Rescue Association, should provide the county with the system needed for the coming decades.

A cost of living increase of 3% in December for all County and Constitutional Office employees is also included. It can be funded, despite cuts in state aid to Constitutional Offices, as there has been a decline in the health insurance costs and a lower than expected rating on the retirement system costs as well as a modest growth in revenues at existing levels of taxation. (The advertised draft of the budget, Mr. McCarthy's letters of March 31, 2008, April 1, 2008 w/spreadsheet showing breakdown of the capital projects and May 13, 2008 are filed with the papers of the meeting.)

Chairman Anderson opened the public hearing.

Tom Junk, Piedmont District, complimented the Board for holding the budget at a reasonable level, but objected to the excessive amount proposed for tourism. He noted that there are many people who do not attend Board meetings, but are having financially difficult times and that the Board's responsibility is to all citizens, not just the ones who attend meetings.

There being no other comments, the Chairman closed the public hearing. The Board agreed to hold a special meeting on June 24, 2008 at 6:00 o'clock p.m. for budget adoption, approval of appropriations and setting of tax levies.

(4) Courthouse Maintenance, Security and Law Library Fees Amendments: The public hearing was to consider amendments to Chapter 103 of the County Code. The amendments include the repeal of the existing courthouse maintenance and law library fee provisions, an increase in the courthouse security fees and authorization to use the fees for personnel and equipment costs. These fees are paid by users of the court system. The Board must appropriate and authorize spending of the fees collected.

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

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt the ordinances amending and establishing Courthouse Maintenance, Security and Law Library fees, attached hereto as Exhibits B and C and made a part of these minutes. The following recorded vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(5) Solar Energy Equipment Tax Exemption: The proposed amendment provides definitions, application requirements, certification procedures, means of determination and other matters pertaining to a program providing real property tax exemption for qualifying solar energy equipment, facilities or devices. The exemptions would be allowed for the first five years after installation Neighboring counties have adopted similar ordinances.

Chairman Anderson opened the public hearing. There being no comments, the Chairman closed the public hearing.

On motion of Mr. Frazier, seconded by Mr. Wayland, the Board voted unanimously to approve the ordinance to amend Chapter 151, Taxation, relating to certified solar energy equipment, facilities or devices, attached hereto as Exhibit D and made a part of these minutes. The following roll-call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(6) Zoning Text Amendments: These amendments arise as a result of a pending appeal of a decision by the Zoning Administrator regarding setbacks from a road. They clarify the ordinance by removing any hypothetical ambiguities; however, they would not affect the pending case. The proposed amendments were considered by the Planning Commission at its May 21, 2008 meeting and recommended for adoption.

Chairman Anderson opened the public hearing. There being no comments from the public, the Chairman closed the public hearing.

On motion of Mr. Wayland, seconded by Mr. Lee,the Board voted unanimously by roll-call vote to adopt the amendments to Chapter 170, "Zoning" of the Rappahannock County Code as set forth in Exhibit E, attached hereto and made a part of these minutes. The following roll-call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business, the meeting recessed at 9:30 o'clock p.m. until special meetings scheduled on June 10, 2008 in Warren County regarding the Regional Reassessment proposal and on June 24, 2008 at 6:00 PM in the Courthouse for end of year action.

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Robert P. Anderson, Chairman