AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 4TH DAY OF JUNE, 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. Lee, seconded by Mr. Wayland, the minutes of the May 3, 2007 and May 7, 2007 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. Lee, 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 presentation.

1) Activities report filed with papers of meeting. Recognition for successes was given to the various sporting activities.

2) Appropriation: At the request of Dr. Chappell, on motion of Mr. Welch, seconded by Mr. Wayland and the unanimous vote of the Board, an appropriation to the School Fund in the amount of $16,434.88 was approved. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. These funds were receipts from an insurance company for vehicle and property damage insurance claims. No new local funds are involved. The total FY07 school budget including these funds is amended to $12,063,710.88. (See papers of meeting for detail.)

3) Construction Account: The Superintendent requested the appropriation of $838,295.16 to reimburse the school fund for construction payments previously paid from the school account. This spending is for the expansion project; the funds were approved through the borrowing resolutions and have already been spent, but are not reflected in the budget until spent. Total Interest on the borrowed funds will be approximately $140,000. Over $3.5 million has already been expended; the balance to be paid out at a future date is $38,773.00.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the appropriation to the School Fund in the amount of $838,295.16. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

VDOT REPORT:

Mr. McCarthy read a report from David Cubbage, Residency Engineer, who was unable to attend the meeting.

Rediviva Bridge: Neither of the landowners adjacent to the bridge is willing to accept the bridge; therefore, VDOT will let a contract to have it removed. A letter of agreement from the Board of Supervisors is requested. By general consensus, the Board agreed that the only viable option is for removal. Mr. McCarthy will submit the requested letter to VDOT.

RAPPAHANNOCK-RAPIDAN HEALTH DISTRICT: Dr. David Compton, the new director, introduced himself and offered any and all DOH resources if needed.

JORDAN RIVER SCENIC RIVER DESIGNATION PROPOSAL: The Rappahannock County Water Quality Advisory Committee (WQAC) has recommended that the Board request the Department of Conservation and Recreation (DCR) to evaluate those rivers in the county that are listed as candidates for Scenic River designation in the Virginia Outdoors Plan, which are supported by property owner petition and, specifically, that the Jordan River be considered for designation. Letters of support from RLEP, RappFlow, Krebser Fund and Water Quality Advisory Committee have been received and are filed with the papers of this meeting.

Lynn Crump, administrator of the Scenic River Program for the DCR, gave a power-point presentation regarding the designation process. She explained that the locality, not the state, must ask for the designation.

Hal Hunter presented the "Report on the Jordan River" prepared by the RCHS Mapping Team Geospatial Technology group. (filed with papers of meeting) The report has been mailed to all 67 property owners on the Jordan.

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to support the nomination of the Jordan River as a State Scenic River and to authorize Mr. McCarthy to convey the resolution to the Virginia Department of Conservation and Recreation. (copy of letter with papers of meeting.) The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

SHENANDOAH NATIONAL PARK: Karen Beck-Herzog, Management Assistant, reported on the following activities:

Old Rag Parking Lot: A public hearing will be held in mid-July at Belle Meade to discuss building a new parking lot on 25 acres owned by the Potomac Appalachian Trail Club.

Panorama: The building will be razed and the site prepared for a long-term solution. Funds may be available from the Centennial Initiative to build a year-round visitor center.

PUBLIC COMMENT:

Jordan River Designation: Monira Rifaat, Piedmont District, added a letter of support from the RCCA for the Jordan River scenic designation. Don Loock offered a letter of support on behalf of PEC and informed the Board that the state PDR program allocated $4.25 million to be passed down to counties with a PDR program. Beverly Hunter, Jackson District and Phil Irwin, Wakefield District supported the scenic river designation for the Jordan River.

Tim Bondelid, Stonewall/Hawthorne, complained of rubble along the highway following the repaving projects.

OLD BUSINESS:

Workforce Investment Act Inter-Local Agreement: Mr. Luke, the County Attorney, submitted proposed language to be included in the agreement. This language would require sharing any liability proportionally. On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to authorize the Chairman to execute the agreement upon inclusion of language satisfactory to the County Attorney.

Emergency Communications Update: The 800 mhz radios donated by Fairfax County are being field tested with a high degree of success. The county's consultant, CTR Communications, is evaluating Red Oak Mountain, Hogback Mountain and one other site for a transmitter. The study should be complete by September.

Regional Jail: Page County has removed itself from the project. If Shenandoah County withdraws, the regional jail concept will end as there must be at least three jurisdictions to share a regional jail.

Solid Waste Plan: The cell in Amissville is expected to be at capacity by October 1. The agreement with Culpeper County, which is nearly complete, provides for the county's trash to be carried to the Culpeper transfer station and then shipped by Allied to a landfill near Richmond where Culpeper and Madison county trash is now landfilled. The fees and rates are consistent with the amounts originally considered. The agreement will be presented at the July or August meeting.

Dominion Power Line: Mr. Luke reported that several meetings have been held during the past month regarding retention of counsel to represent the county. This matter will be discussed in Executive Session.

He added that on this day he received an order that schedules public hearings in Fauquier, Warren and Prince William Counties and the City of Richmond. The SCC public hearing will be in January 2008.

Living Towns: This event, planned by the Regional Commission, was held at the Schoolhouse in Sperryville on May 31.

Supervisor Wayland reported that the meeting exceeded everyone's expectations; that there was a good exchange of ideas and some networking. He expressed appreciation and thanks to all who helped with the program.

Jim Gannon commented on the many speakers that talked about how to maintain a viable future for rural counties and explained that the one critical need for Rappahannock County is high-speed internet which attracts small businesses and enables people to establish small businesses in homes. He suggested that the county create a "high-tech advisory" committee.

Sludge Ordinance (Draft): Mr. McCarthy summarized the contents of the draft ordinance which is the product of many hours work by the County Administrator, County Attorney, several landowners and residents and one hauler. The ordinance will require local monitoring, some of which will be difficult to enforce, and some monitoring costs which will not be reimbursable by the state. The burden will be on local government for staff; however most staff costs will be paid for by fees. The county will need to hire and train someone to do the monitoring even if there are no applications.

Mr. Luke advised that the proposed ordinance, which will not be a part of the zoning ordinance but will appear in the health section of the county code, is legally defensible. He added, however, that the zoning ordinance must be amended. He further commented that there was compromise by all parties involved in the drafting process.

By general consensus, Mr. McCarthy was authorized to bring the health portion of the draft ordinance to the July meeting and to send the residue to the Planning Commission for it's July meeting.

NEW BUSINESS:

LEOS BENEFIT: This benefit, which the Sheriff is requesting, was explained at the May meeting. The benefit will add a 1.85% increase for law enforcement officer's retirement at a one time cost of approximately $13,000. A resolution will be considered at the budget adoption meeting on June 25, 2007.

APPOINTMENTS: None.

CORRESPONDENCE: None.

INFORMATION:

Building Office Report: Total construction from April 22, 2007 to May 21, 2007 was $2,137,787.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2006	2007
New Home Construction	23	18
Commercial Buildings	3	4

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve the Accounts Payables dated June 4, 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. Wayland, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2-3711A.7 to consult with legal counsel or to receive a briefing by staff members or consultants pertaining to actual or probable litigation where such consultation or briefings in open meeting would adversely affect the negotiation or litigating position of the Board of Supervisors under §2.2-37llA.7 et seq. For purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened on which the Board of Supervisors or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. The subject matter of the closed meeting was (1) discussion of legal action and/or settlement of the B&S Excavation matter and (2) discussion of threatened legal action with regard to an assessment, (3) Dominion Power and (4) the Harvey Zoning violation. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland 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: Wayland, Anderson, Frazier, Lee, Welch. 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, Frazier, Lee, Welch, Wayland. NAY: None.

There being no further business, the meeting recessed at 5:00 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings. All Board members were present.

Zoning Text Amendments, Automobile Sales, Repair and/or Service: (Withdrawn by

applicant.)

FY2008 Budget Public Hearing: The advertised draft of the FY2008 budget, dated May 9, 2007, filed with the papers of this meeting, reflects the adopted FY08 School Budget in the total amount of $12,096,934, and shows an "all in" real estate tax rate of $.59. The FY07 tax rate was $.54 for General Fund and $.04 Fire Fund for a total tax rate of $.58. This new budget represents a 1¢ real estate tax increase.

Included in the FY08 budget is the Sheriff's request for 50% funding (100% requested) of retiree's Health Insurance Benefit for a retirement health insurance subsidy. This benefit is already offered to qualifying school employees.

Not included in the proposed budget was the Electoral Board's request for an additional supplement to the Registrar's salary, a request by the Treasurer and Commissioner of Revenue for a 10% salary adjustment to employees and the Sheriff's request for an additional $1000 supplement per sworn law enforcement officer (who currently receive a salary supplement of $4000.)

Chairman Anderson opened the public hearing and called for comment from the audience.

Peggy Ralph, Wakefield District, noted that the advertisement in the Rappahannock News shows a $.02 Conservation Easement Fund tax which should be deleted. Mr. McCarthy explained that the $.02 Conservation Easement Fund tax is in error and should not have been in the advertisement and is not reflected in the budget.

Mrs. Ralph stated that it is easy to pick on salaries, but if there is waste, it is not in employee salaries. She also complimented the county employees by describing them as a group of loyal people who care about where they work, for whom they work and for one another.

Larry Sherertz asked the Board to support his request for the additional $1000 salary supplement for deputies, the retirement health care benefit and the LEOS retirement multiplier. He submitted that the local cost to fund his requests in their entirety would be $52,789.

Jean Lillard, Wakefield District, objected to the Sheriff's Office's continued request for overtime funds especially in light of funding for the additional deputy included in the FY07 budget. She also inquired about the number of Sheriff's vehicles and the budget for furniture and equipment.

There being no further comments, Chairman Anderson closed the public hearing and announced that this meeting will be continued until June 25, 2007 at 7:30 o'clock p.m. for the "year-end" meeting and adoption of the FY2008 budget.

There being no further business, the meeting recessed at 8:05 o'clock p.m.

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Robert P. Anderson, Chairman