AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 4TH DAY OF JANUARY, NINETEEN HUNDRED NINETY NINE AT TWO O’CLOCK P

AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 6th DAY OF JULY, TWO THOUSAND AND FIVE AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present

Absent

Charles K Estes, Chairman

Robert P Anderson, V-Chm

Roger A Welch

S. Bryant Lee

Ronald L. Frazier

John McCarthy, Co Adm.

Peter H. Luke, Co Attorney Diane Bruce, Clerk

None

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

MINUTES: On motion of Mr. Lee, seconded by Mr. Anderson, the minutes of the

June 6, 2005 and June 24, 2005 meetings were unanimously approved as published. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

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

SCHOOLS: Dr. Robert Chappell, Superintendent of Schools, presented the following matters:

(1) Reconciliation of Revenues and Expenditures: FY05 appropriations which exceeded expenditures by a net amount of $214,408.19, are returned to the county. Dr. Chappell formally requested that these funds be placed in a Construction Escrow account to be expended by the School Board on future capital projects, to be first approved by the Board of Supervisors. No action was taken on the request.

(2) Construction Project: The contractor is responsible for rain damage and has acknowledged the same. Completion is scheduled for August 15. Construction crews will be working in two daily shifts, from 5:30 am to 10:30 pm.

(3) Standards of Learning (SOLs): Both schools are fully accredited.

PUBLIC COMMENT:

Chairman Estes opened the meeting to public comment.

Charles Strittmatter, Flint Hill, urged the Board not to approve the Williams Private Sewage Treatment facility to be considered at the public hearing at 7:00 p.m. on this day. He noted that both the engineer of the facility and Charles Shepherd, the Resident Sanitarian for the district, set forth a list of common household items that will cause failure if allowed to flow into the system.

There being no further comments, Chairman Estes closed the meeting to further public comment.

OLD BUSINESS:

Rural Addition Eligibility: VDOT has notified all counties that it will begin an analysis of every county's subdivision ordinance to determine the county's rural addition status, pursuant to §33.1-72.1B, Code of Virginia. This statute is the mechanism that allows counties to use "Rural Addition" funds to bring certain streets up to VDOT standards and add them to the system for maintenance as part of the secondary system of state highways. To be eligible to use this statute, a county must have adopted a local ordinance controlling the development of subdivision streets to the standards necessary for acceptance as part of the secondary system. The Rappahannock County subdivision ordinance must be revised if the county wishes to have funds directed to any future rural additions. Until that time, VDOT will not be able to honor any rural addition request. Prior commitments, however, will be honored.

David Cubbage, the Resident Engineer, added that 5% of the construction funds can be diverted to rural additions, but those funds are NOT lost if not used for rural additions. He added that he was unaware of any county statewide, and particularly in the Culpeper District, that has amended its ordinances.

Updates:

(1) Tapps Ford, Rt 645: Bids due by July 27; construction pushed out until Spring 2006.

(2) Route 619: Completed 45 days early and $25,000 under budget.

(3) Route 707 will be closed on July 11 for one week to replace bridge at Sharp Rock.

Washington Methodist Church Building: Mr. McCarthy recommended that the Board consider a review of the long-term status of the former Washington Methodist Church, now owned by the county and being rented to Ki Theatre at $250 per month. Maintenance costs for the building, although minimal, usually exceed rental income. Because the county rents a considerable amount of office space, a conversion of the building, even to a single floor of office space, could be off-set by a savings of up to $15,000 in annual rent.

Be general consensus, the Board agreed to have an architect prepare an evaluation for use as office space.

Water Supply Planning Update: Pursuant to Senate Bill 1221 (2003), the Department of Environmental Quality (DEQ) has established guidelines and procedures to comply with the local and regional water supply planning regulation. All local governments, towns, cities and counties shall submit a local water supply plan for approval or shall participate in a regional water supply plan. Regional plans must be submitted no later than six years after the effective date. Plans for localities of 15,000 or less must follow a DEQ plan with a due date of 2010.

The River Commission is studying the requirement. RAPPFlow's report is due this month. A water study will likely have to be conducted by a paid consultant within the next several years.

NEW BUSINESS:

Resolution: Treasury Refunding of VPSA Borrowings: A refund of approximately $20,000 will be received within the next two years from the State Treasury from bonds issued in 1993.

On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to adopt a "Resolution Authorizing the Execution and Delivery of a Continuing Disclosure Agreement in Connection with the Issuance by the Virginia Public School Authority of Its School Financing Bonds (1997 Resolution) Refunding Series 2003 D, a Portion of the Proceeds of Which Refunded the County of Rappahannock General Obligation School Bond, Series 1993; and Authorizing Any Other Actions Necessary to Achieve the Objectives Contemplated Hereby. (Completed copy attached to these minutes as Exhibit A and made a part hereof). The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

Resolution: Comcast Purchase of Adelphia, Inc.: Mr. Luke explained that Adelphia Cable Communications has been purchased and certain resolutions agreeing to the transfer must be adopted by the County.

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to adopt the resolution of transfer attached hereto as Exhibit B and made a part of these minutes. The following roll-call vote was taken: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

(Exhibit B attached hereto contains sub-exhibits referred to within its text as Exhibit A, B and C. These sub-exhibits are lengthy and bulky and are filed with the papers of this meeting but are incorporated herein by reference and made a part of this resolution.)

Resolution of Appreciation for Carson Beahm Johnson: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt a Resolution of Appreciation for Carson Beahm Johnson. (Attached hereto as Exhibit C and made a part of these minutes.) The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. Mr. McCarthy will have the resolution published in the Rappahannock News. Mr. Estes will present the resolution to Mr. Johnson's family.

Resolution, Carver-Piedmont Sale: The County has already received two annual payments and is expecting one final payment. On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt a resolution regarding the sale of its 25% interest in real property known as the George Washington Carver-Piedmont Regional education center. The following roll-call vote was taken: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. (Exhibit D attached hereto and made a part of these minutes.)

Service Awards: Chairman Estes presented service awards to eight employees. (See Exhibit E attached hereto and made a part of these minutes.)

APPOINTMENTS:

Water & Sewer Authority: An appointment to the vacancy created by the death of Carson Johnson will be made at the August 2005 meeting. This term expires October 2005.

CORRESPONDENCE:

(1) Rockingham County Resolution: On motion of Mr. Anderson, seconded by Mr. Welch, the Board voted unanimously to support Rockingham County Resolution Number 05-17, Local Real Property Taxing Authority. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. (Resolution filed with papers of meeting.)

(2) House Joint Resolution No. 768: Resolution encouraging local governments to support the spaying and neutering of companion animals by providing incentives to citizens.

INFORMATION:

Volunteer Fire and Rescue Organizations: Audits filed with papers of meeting.

Building Office Report: Total construction from May 22, 2005 to June 21, 2005 was $4,232,180.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2004	2005
New Home Construction	31	31
Commercial Buildings	9	10

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Anderson, the Board voted unanimously to approve the Accounts Payables dated July 6, 2005. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

There being no further business, the meeting recessed at 4:00 o'clock p.m. until 7:00 o'clock p.m. at which time the Board considered the following business.

Mr. Lee was absent. All other members and staff were present.

(1) Williams Private Sewage Treatment Facility, SE#05-03-03. The applicant has applied for permission for a private sewage treatment facility for a single family property (existing parcel) in Chester Gap. The property is identified as Tax Map 1, Parcel F1 2&3, zoned "VR" Village Residential, Wakefield District. The use is allowed under §170-36C of the Code of Rappahannock. The design plan and documentation have been provided and are part of the file. The Planning Commission has recommended denial by a vote of 6 – 1. Reasons for the Planning Commission's recommendations were related to Page 3 of the Plan, which lists items not be be used or disposed of and the concern for public safety and welfare. Mr. McCarthy noted that the general standards considered by the Planning Commission were §170-52A and §170-52C of the Rappahannock County Zoning Ordinance. He added that the burden of proof guaranteeing safety of the plant is on the applicant.

This public hearing was opened at the June 6, 2005 meeting, comment was taken from the public and the hearing was not closed, but recessed and continued until this date and time for further public comment.

Chairman Estes re-opened the public hearing and called for additional comments.

James Rucker, Mary Lowe and Teresa Rucker opposed the facility.

The owner advised the Board that all of his neighbors who live "below" his property have signed a petition of support. He added that the opponents are neighbors who live "above" his property. In response to a question from Board member Welch, the applicant added that his lot has one stream with a branch off it and two streams come together in the lower part of his lot.

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

On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously, of the members present, to deny SE05-03-03 because the applicant has failed to carry the burden required by general standards of the Rappahannock County Code and to meet the standards of compliance as required by Rappahannock County Code §170-52. The vote was recorded as follows: AYE: Estes, Anderson, Welch, Frazier. NAY: None. ABSENT: Lee.

There being no further business, the Chairman adjourned the meeting at 7:27 o'clock p.m.

_________________________________________

Charles K. Estes, Chairman