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

                                    Present                                                                       Absent

            Robert P. Anderson, Chairman                                                              None

Ronald L. Frazier, Vice-Chairman                                         

            S. Bryant Lee              Peter H. Luke, Como Attorney

            Roger A. Welch          John McCarthy, County Adm

            Thomas G. Taylor       Diane Bruce, Clerk

 

            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 June 5, 2006 meeting were approved as printed. The vote was recorded as follows:  AYE:   Frazier, Lee, Anderson, Welch, Taylor.  NAY:  None. 

 

AGENDA:     On motion of Mr. Welch, seconded by Mr. Lee, the final agenda was unanimously adopted.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

 

SCHOOLS:  Dr. Robert Chappell, Superintendent of Schools, distributed a report comparing appropriations to expenditures for FY06. Appropriations were $11,436,702; expenditures were $11,194,834.96.  Carry-over funds and revenues not received totaled $165,740.28, leaving $76,126.76 to be returned to the General Fund in unspent FY06 funds.  State revenue in the amount of $64,000 was lost due to a reduced ADM and $32,000 was lost due to lower enrollment of DSS students. (See report with papers of meeting.) 

            Dr. Chappell added that all possible expenditures were made prior to June 30, including a partial payment toward the band room, new bus to replace wrecked bus, a pump for the new well and the irrigation system on the new track.  He added that the irrigation system should be functioning by the middle of July and that paving of the track will begin during the coming week. 

           

VDOT REPORT:  David Cubbage, Residency Administrator, made the following report.

            Route 647 (Wakefield) will be closed for 3 days to replace a bridge.  There are 545 trips per day on that road.

            Routes 681 and 603:  Storm damage will be repaired sooner than later so as not to disrupt the trout.

            Route 522 Bridge, Sperryville:  This project is in the design phase. Concrete will be used.  It could have a truss-bridge appearance but the strength and appearance of concrete.  There may be pedestrian walkways on both sides.  Conceptuals will be sent in digital format for further discussion at the August meeting.  VDOT would like input from the Supervisors.

            Route 211:  Paving will begin the end of July.

 

EMPLOYEE AWARDS:  Employee service awards were given as shown on Exhibit A attached hereto and made a part of these minutes. 

 

Dieter C. Knuepfer, Retirement, EMS Coordinator:  Colonel Knuepfer was recognized for his 23 years of service and honored with a gift of a beautiful cherry display case.

 

PUBLIC COMMENT:  Chairman Anderson opened the Public Comment section of the agenda.

            Ivan Hall asked if he could obtain permission or a variance to place a 288 square foot building at his fruit stand on Rt 211.  The maximum allowed is 250 square feet.  Mr. McCarthy advised him that a variance is not permitted under the current zoning ordinance.  This particular provision has been in effect since 1991.

            Joy Sloan reported that Rt 612 has washed badly again.  VDOT personnel will evaluate.

            There being no other comments, the Chairman closed the Public Comment section of the meeting.

 

OLD BUSINESS:

General Assembly Budget Update:  Mr. McCarthy reported that the Commonwealth has now adopted the FY07 budget.  Schools will receive approximately $20,000 more in aid than originally anticipated; the VRS increase was 1 1/2% less than expected; the regional jail project with Warren, Page, Shenandoah and Rappahannock is still on the drawing board.  Proposed locations for the jail are in either Page or Warren. 

Emergency Communications Update:  Mr. McCarthy reported that the owner of the Red Oak Mountain property has terminated negotiations with the county for locating a communications tower on that property.  The Red Oak Mountain site would provide approximately 95% coverage.  The county must have a minimum of 90% coverage in order to be eligible for grants and to build on to the Fauquier and Culpeper County 800 mhz systems.  Mr. McCarthy requested authority to attempt to renegotiate with the Red Oak Mtn owner and also to meet with property owners of the two secondary sites--one on Hickerson Mountain and the other on another property on Red Oak Mt.   Mr. Lee or Mr. Anderson will participate in discussions. 

Pandemic Flu Summit:  Mr. McCarthy attended a summit on June 21.  He reported that although there have been 250 deaths worldwide, it is difficult to transmit Avian Flu from birds to mammals and mammals to humans.  The reported deaths were persons who were in close contact with birds.  There is no evidence of human to human transmission yet.  The mortality rate of affected humans is 75%.  This flu generally affects younger, healthy people.  The county website (www.rappahannockcounty.va) has general information posted about pandemic flu.  The Health Department can also provide valuable information.  There is no danger of the flu from eating chicken or other fowl.  

           

NEW BUSINESS:

            Mutual Aid Agreement, Madison & Page Counties:  Mr. Luke reminded the Board that the county entered the statewide agreement several years ago and that it should not enter into the complex agreement proposed by Page County which varies from the state model. 

The proposed Madison County agreement was modified slightly. 

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to adopt the Madison County Mutual Aid Agreement as amended.  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.  (Exhibit B attached hereto and made a part of these minutes.)

            Mr. Luke was authorized to return the Page County agreement and enter into discussions with Page County officials regarding an acceptable agreement. 

            Housing Market Trend Data Report:  The Rappahannock-Rapidan Regional Commission's 2005 Year-End report for the 5-county region was distributed.  Key findings are that total sales were up for the third consecutive year.  The average "sold price" of existing homes doubled over five years to reach over $400,000 in 2005.  At the same time, the average number of days on the market dropped to a record low of 51 days.  The strong housing market is closely linked to the Washington DC metropolitan area economy and housing market.  The result has been a rising burden on the Rappahannock-Rapidan region's workers who find it more difficult to buy a house, as local wages have not risen as fast as home prices and rents. As the demand for housing increases, local governments face increasing pressures to approve new housing developments and the pressures and problems of growth experienced in past decades by counties closer to the DC-Metropolitan area.  (Entire report filed with papers of meeting.)  

            Warren County Balanced Growth Proposal:   Warren County is hosting a "Balanced Growth Counties" conference and has asked Rappahannock County to participate by sending a speaker to the October 19 meeting.  Mr. McCarthy will appear on behalf of the county. (See papers of meeting.)

            Petition to Adjust Town of Washington Boundaries:  (Informational only.) Washington has received a petition from residents on Rt 626/Piedmont Street to adjust the Town/County boundaries in such a manner as to bring their properties into the Town of Washington.  Both the town and county are required to conduct public hearings.  Final approval is authorized by the Circuit Court.  Significant costs will be incurred and should be paid by the Town or the petitioners.   No action required.  This item is for information only at this time. (copy of petitions with papers of meeting.)

APPOINTMENTS:    None.

 

CORRESPONDENCE:

            (1)  Dept of Conservation & Recreation:  Letter of commendation to the county for successfully improving the county's erosion and sediment control program.  (w/papers of mtg)

            (2)  Department of Agriculture:  The State Emergency Board will not make a decision regarding a drought designation for at least two months, therefore the county's request for the federal disaster designation is delayed.  (w/papers of mtg)

 

INFORMATION:  (See papers of meeting.)

            Building Office Report:  Total construction from May 22, 2006 to June 21, 2006 was $2,330,400.00.  Year to date totals:  (See papers of meeting for more detail.)                

Year to date totals:

               2005

               2006

New Home Construction

                 31

                   30

Commercial Buildings

                 10

                     3

           

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Taylor, the Board voted unanimously to approve the Accounts Payables dated July 5, 2006.   The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

 

EXECUTIVE SESSION:  On motion of Mr. Welch, seconded by Mr. Frazier, the Board voted unanimously to retire into executive session pursuant to Virginia Code ¤2.2-3711A.3 to

(1) 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 Section 2.2-3711.A.7.   For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or 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 will be (1) Zoning Violations--Junk Vehicles and (2) unpermitted transient lodging. The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Taylor.  NAY:  None.  (Resolution with papers of meeting.)

            On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to reconvene in open session.  The following roll-call vote was taken. AYE:  Anderson, Frazier, Lee, Welch, Taylor.  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, Taylor.  NAY:  None.   (Resolution filed with papers of meeting.)

 

LEGAL ACTION--Evans Hostel and Harvey B&B: On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to authorize Mr. Luke, the County Attorney, to pursue prosecution of (1)the  Evans Hostel Operation in Chester Gap and (2) the Gary Harvey B&B near the Bleu Rock restaurant across from the high school  The vote was recorded as follows:  AYE:  Frazier, Taylor, Lee, Welch and Anderson.  NAY:  None.

There being no further business, the meeting recessed at 4:45 o'clock p.m.

 

 

 

 

                                                                        _________________________________________

                                                                                    Robert P. Anderson,  Chairman