AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 3^rd DAY OF AUGUST, TWO THOUSAND AND NINE AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present	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 July 6, 2009 meeting 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:

(1) Food Services Expenditures/Revenue Report for FY09: Food revenues increased by $23,590; food expenditures increased by only $209. The total deficit for FY09 was $55,000 compared to a total deficit of $78,400 in FY08. The primary reason for the changes is reduction in staff costs and increase in the number of Head Start students. (See spread sheets filed with papers of meeting.)

(2) Average Daily Membership (ADM): The state estimate is 902.

FIRE LEVY BILLS: On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to approve fire levy bills for Company numbers 2, 3, 4, 5, 7 and 9 in the total amount of $63,441.52. (See Exhibit A attached hereto and made a part of these minutes.) The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Emergency Funding Requests: The Washington VFR requested emergency funding in the amount of $9572.94 for repair of the pump on Attack 1.

The Sperryville VFD requested emergency funding in the amount of $20,000 to replace the 20-year old HVAC system. Three bids will be obtained.

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to to pay for each request from Emergency Funding in the total amount of $29,572.94. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

RAPPAHANNOCK RAPIDAN COMMUNITY SERVICES BOARD AND AREA AGENCY ON AGING PERFORMANCE CONTRACT: Brian Duncan, Executive Director, discussed the FY2010 Program Plan and Performance Contract. (Copy filed with papers of meeting.) Mr. Duncan described the CSB programs and the extra efforts that have been made to make the process more user-friendly. He complimented the county on the Scrabble School project and announced that Rappahannock County resident Douglas Shiffman was presented the "Best Practice Award." He added that the other four counties in the district level-funded CSB as requested except that Culpeper County funded a smaller increase than requested.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt the Resolution to Receive the Rappahannock Rapidan Community Services Board and Area Agency on Aging (RRCSB-AAA) FY2010 Performance Contract with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Area Plan for Aging Services. (See Exhibit B attached hereto and made a part of these minutes.)

VDOT Report: David Cubbage, Residency Administrator, distributed the Monthly Report for July which details proposed work projects. (Filed with papers of meeting.) He also commented on the following projects:

1) Rt 611—Seven Ponds Road. Speed studies do not indicate a need to reduce the speed limit below 45 mph.

2) Rt 640—Battle Mountain Road: 35 mph speed limit signs have been posted. Bus stop signs can be installed if the county makes a written request.

3) Route 522 Bridge, Sperryville: A public hearing will be scheduled in the next few months.

4) Pursuant to Mr. Welch's question, Mr. Cubbage will check on statistics as to accidents and animal kills as a result of not mowing along roads.

PUBLIC COMMENT:

Brian Duncan, Chairman of the Public Sector Portion of the United Way Campaign, asked the county to consider offering county employees a payroll deduction to benefit the UWC. By general consensus, the Board authorized Mr. McCarthy to work out the details with Mr. Duncan.

Hal Hunter, Jackson District, discussed proposed designations of local rural historic districts. Two rural historic districts being considered for designation at this time are the F.T. Valley and the village of Flint Hill. Such designations would be in furtherance of the Comprehensive Plan.

Mr. McCarthy explained that although there is minimal funding in the FY10 budget, all funds have been raised locally; that no tax dollars are required to pursue these designations. He added that a public hearing will be held at some future date to seek local support.

Phil Irwin stated that RLEP is asking that the Jordan River be designated a Scenic River.

OLD BUSINESS:

Application Fees: Mr. McCarthy presented a proposed schedule of increased fees for a variety of permit applications. The current fee schedule was adopted in July 2007. The costs of advertising and otherwise processing these applications has risen significantly. On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to adopt the proposed increases. (See Exhibit C attached hereto and made a part of these minutes.) The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Broadband Service – Stimulus Funding: The Federal Government's Broadband stimulus funding (the American Recovery and Reinvestment Act of 2009) process is underway with two application programs managed by USDA and Rural Utilities Service (RUS) providing an estimated $9 billion in loans and grants. The funds will be distributed in a competitive process, consisting of at least two or three rounds, the first of which has an application deadline of August 14. Virginia Broadband and Piedmont Broadband both intend to submit an application. Mr. McCarthy suggested that the best posture at present consists of providing technical and political support for the wireless service provider applications that are made which will extend service in the county. (See McCarthy's letter dated July 30, 2009 filed with papers of meeting.)

Street Address Ordinance: The Board considered the proposed ordinance requiring street numbers for all properties. Mr. Luke advised that careful thought should be given to adopting an ordinance that puts a large portion of citizens in immediate violation of the ordinance and added that enforcement will be a problem. This matter was carried over until the September meeting.

NEW BUSINESS:

Scenic River Designation—Hughes River: A public hearing will be scheduled for the September 9, 2009 meeting. (DCR letter filed with papers of meeting.)

Animal Shelter Isolation Unit: The Department of Agriculture has cited the county for having a non-compliant Isolation Unit at the Animal Shelter. Suggestions included renting a space, purchasing a pre-fab structure or having the high school building trades class and/or a trustee build a compliant unit. Mr. McCarthy will pursue all avenues but cautioned that an additional appropriation may be requested.

Washington Wastewater System: Work on the lines behind the courthouse will commence in two weeks. Because several historical artifacts were uncovered when the jail addition was built, digging the trench for the wastewater lines will be overseen by the Department of Historic Resources. By general consensus, Mr. McCarthy was authorized to advertise for bids to hook the county buildings onto the gravity line being installed by the Town and to award the project to the lowest qualified bidder if there are at least three qualified bidders.

Supplemental Appropriation—Sheriff's Office: On motion of Mr. Frazier, seconded by Mr. Wayland, the Board voted unanimously to add this item to the agenda. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

The Sheriff's Office has requested an appropriation to purchase a new vehicle to replace one that was destroyed in an accident. The county has received an insurance settlement of $12,356 for the wrecked vehicle. The replacement vehicle will cost $28,010. Funding can be found in the unspent FY09 funds in the Sheriff and Jail budgets, including unspent temporary staff funds, all of which amounted to $53,893.55. (Sheriff's letter filed with papers of meeting.)

On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to appropriate $28,010 to Line Item 3102-7005. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

APPOINTMENTS: None.

CORRESPONDENCE:

Virginia Byway Designation, Richmond Road—Route 729: The Commonwealth Transportation Board has designated Route 729, also known as the Richmond Road, from its intersection with Route 522 to its intersection with Route 211 as a Virginia Byway.

INFORMATION: (documents filed with papers of meeting)

(1) Performance Contracting Joint Meeting and Public Information Session—August 5, 2009 at 6:30 p.m. at the Courthouse.

(2) Building Office Report: Total construction from June 22, 2009 to July 21, 2009 was $1,471,512.00. Year to date totals: (See papers of meeting for additional detail.)

Year to date totals:	2008	2009
New Home Construction	19	9
Commercial Buildings	1	1

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to approve accounts payables dated August 3, 2009. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business, the meeting recessed at 4:00 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct two public hearings. Chairman Anderson called the meeting to order. All members were present.

(1) Jordan River Scenic Designation: (Jordan River was historically known as the Burgess River): Mr. McCarthy explained that the application process has been underway for many months and after evaluation, the Department of Conservation and Recreation has found that the Jordan meets the criteria for Scenic River Designation. He called the Board's attention to the letters that have been received supporting the designation. (Letters filed with papers of meeting.) If the Board votes to approve a resolution supporting the designation, the application will go to the General Assembly for approval at its 2010 session.

Chairman Anderson opened the public hearing.

Speaking in favor of recommending approval were Lynn Crump, Dennis Lieberson of the Scenic River Advisory Board, Stephanie Ridder on behalf of the Ridder and duBois families, Todd Benson of PEC, Bob Dennis, a riparian owner, Judy Tole who submitted John Tole's historical narrative on the river, Joyce Harmon, Ashley Matthews, Director of RCCA, B.J. Valentine on behalf of RAPPFlow and Jackie Burke.

Ms. Crump explained that this designation does not give the state control over land use; it carries no land use controls and does not give the public any right to use privately owned land. It does impose a restriction on dams without designation by the General Assembly.

There being no other speakers, Chairman Anderson closed the public hearing.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve a resolution requesting the General Assembly to designate the Jordan River a Scenic River. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

(2) Use Value Taxation—Application/Validation Fees: The public hearing was

held to consider proposed amendments to the County Code provisions relating to Land Use Value Taxation. The effect of the amendments is to increase fees sufficient to offset increased costs in the office of Commissioner of Revenue.

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

the Chairman closed the public hearing.

On motion of Mr. Wayland, seconded by Mr Lee, the Board voted unanimously to adopt an "Ordinance to Amend Section 151-15 of the Rappahannock County Code Relating to Application and Associated Fees for Land Use Value Taxation." The following roll-call vote was recorded: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. (See Exhibit D attached hereto and made a part of these minutes.)

There being no further business, the meeting recessed at 7:20 o'clock p.m. until August 5, 2009 at 6:30 o'clock p.m. at the Courthouse in Washington, VA at which time the Board of Supervisors and School Board will hold a joint meeting and public information session regarding Performance Contracting.

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Robert P. Anderson, Chairman