AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 3rd DAY OF SEPTEMBER, TWO THOUSAND AND EIGHT 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.

 

MINUTES:    On motion of Mr. Lee, seconded by Mr. Frazier, the minutes of the August 4, 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. 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)  Capital Improvement Plan:  The School Board approved a CIP at its last meeting and will consider using Energy Service Companies (ESCOs) to achieve energy upgrades to RCPS facilities.  There are nine qualified ESCOs in Virginia; three may be invited to conduct a "free" audit.  If the School Board invites ESCOs to provide the free energy audits this fall, the School Board will ask the Supervisors to consider financing a Performance Contract with an ESCO using a VA Resources Authority low-interest loan.  The loan is paid off with the energy savings guaranteed by the ESCO and does NOT require additional local funding.  If energy savings are not as much as anticipated, the ESCO writes a check to the locality for the difference.  No funding is being asked of the county at this time but the School Board cannot go forth without the agreement of the Board of Supervisors.  (See papers of meeting for detail regarding Performance Contracting with authorized ESCOs.)

            (2)  ADM:  There were 920 students enrolled on the 5th day of the school year.  Last year there were 925 students enrolled on the same date.

           

VDOT Report: David Cubbage, Residence Administrator,  reported as follows:

            VDOT is looking at cost saving efforts and will try to achieve them by various methods such as recycling guardrail, reduction in the Six-Year Plan and paying less attention to aesthetics.  VDOT will not be cutting back on emergency response, down trees, crashes and education.  The Sperryville bridge project is on track.  A report will be made in late fall. 

 

Rappahannock County Conservation Alliance (RCCA)-Donation to Farmland Protection Program:  Susan Strittmatter, Steve Kirchner and Mary Dobrovir presented a $20,000 donation  to the Farmland Protection Program.  The total amount given to date is $77,500.

 

PUBLIC COMMENT:

            Bob Lander asked the Board to look favorably toward awarding a contract for the Scrabble School renovation.

 

OLD BUSINESS:

            Social Services Agencies Appropriations Act:  A legislative amendment requires the Commissioner of Social Services to work with localities serving populations of 20,000 or less to identify cost savings that might be achieved by consolidating programs or administrative functions.  

            Mr. McCarthy reported that discussions have been initiated with several of the county's neighbors to consolidate some services, particularly those that the county attorney conducts.  Culpeper County was receptive to the idea in principle but no details have been discussed.  (See emails with papers of meeting.)

            Space Needs, Registrar and Electoral Board:  Additional space is needed because of changes in the election laws regarding security of voting equipment and privacy for absentee voters.  Mr. McCarthy proposed moving this office to the old Methodist Church property located on Gay St. adjacent to the courthouse complex and now rented by Ki Theater.  The existing Registrar's Office could be used by the E911 office.  This project will not appear as a budget item until either the FY2009 or FY2010 budget.

            Emergency Communications Systems Update:  The county's system will piggyback onto the existing systems that serve Fauquier and Culpeper counties.  The Fauquier County towers provide coverage to the northern half of the county.  The Culpeper County towers will be upgraded to an omni-directional system and the two systems together will provide 80-90% coverage in Rappahannock.  Three jurisdictions working together will have better opportunities to receive state and federal grants.  The final bid by Motorola for hardware costs and installation is $513,197.  Host fees to Fauquier and Culpeper are currently expected to include up-front costs of $50,000 to $75,000 plus annual rental fees of $20,000.  

            On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to award the contract in the amount of $513,197 to Motorola.   The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

            Broadband Service:  Piedmont Broadband is continuing to expand, has a microwave from Loudoun and is expecting to obtain "fiber" service as well.  By general consensus, the Board agreed to continue its final decision regarding the Virginia Broadband proposal until the October meeting. 

            Dominion Power:  Mr. Luke reported that West Virginia has approved the Commissioner's Report but that the Pennsylvania hearing examiners have recommended denial.  If the proposal bogs down, the Federal Government can step in and dictate where the line shall go regardless of what the states want.  Further, the release of conservation easements is an obstacle for property owners in Rappahannock County. 

            Mr. Luke also reported that since the county is no longer represented by the Richmond law firm, he has assumed the duties of legal counsel.

            TMDL (Total Maximum Daily Load) Implementation Plan:  The TMDL for the Upper Hazel River watershed was approved by the EPA in January 2008.  A public meeting will be held September 16 at the Rappahannock County High School to seek public input to develop strategies to address water quality impairments identified in the watershed.  Mr. McCarthy added that it may become increasingly likely that there will be mandates for what farmers must do.  (See papers of meeting for detailed information.)

            Scrabble School Project-Bid Award:  

(Mr. Frazier recused himself from the discussion as he had been involved in the bidding process with several of the contractors.) 

Six bids were received ranging from a high bid of $1,090,472 by Hawes Inc to a low bid of $550,347.87 by Dinks Construction.  The architect has reviewed all of the bids, has consulted extensively with the low bidder and expects to negotiate the price downward toward $530,000.  (Bid tally sheet filed with papers of meeting.)

            On motion of Mr. Welch, seconded by Mr. Lee, the Board voted by majority vote to award the bid to Dinks Construction in an amount not to exceed $550,347.87.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland.  NAY:  None. ABSTAIN:  Frazier. 

            Farmland Protection Program-Appropriation:   In May 2008, the Board adopted a "Resolution to Accept an Offer to Sell Development Rights" from Manfred Call, IV.   The transaction, which was not completed prior to the end of FY08, is now ready to close and the funding which remained in the General Fund, can now be appropriated.  On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to appropriate $160,000 to line item 8501-7009 bringing the total to $220,000 in that line item. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

 

NEW BUSINESS:

            Courthouse Security--Budget Amendments:  Mr. McCarthy explained that due to recent approvals of changes in the collection of courthouse security and maintenance fees which will increase revenues, certain changes need to be made to both the revenue and expenditure sides of the FY09 budget.  The changes should provide the added benefit of accurately tracking expenditures to ensure compliance with the statutory basis for the charges.

            On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to make adjustments to the FY09 budget as outlined below. The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

            On the Revenue side: 

                        Add $10,000 to 160701 for a total of $15,950.

                        Add $10,000 to 160803 for a total of $20,000.

            On the Expenditure side:

                        Reduce line item 4302-3004 by $20,000 to $60,000.

Create line item 4302-3005, Courthouse Maintenance & Security and add        $20,000                   

Create line item 3102-1004A, Courthouse Security and add $11,000.

            State Budget Cutbacks:       The state's Reduction Plan for FY09-10 has been issued.  (Copy with papers of meeting.)  Governor Kaine has made it clear that "everything" is on the table.  Of greatest concern to localities is whether funding to education will be cut.

 

APPOINTMENTS:   

            Local Workforce Investment Board:  On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to reappoint Steve Ray to a new three-year term expiring June 30, 2011.               The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None. 

 

CORRESPONDENCE:  None.

 

INFORMATION:

Building Office Report:  Total construction from July 21, 2008 to August 21, 2008 was $2,191,877.00.  Year to date totals:  (See papers of meeting for more detail.)             

Year to date totals:

               2007

               2008

   New Home Construction

                 32

                 19

   Commercial Buildings

                   6

                   1

           

ACCOUNTS:  On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve accounts payables dated September 3, 2008.  The vote was recorded as follows:  AYE:   Anderson, Lee, Welch, Wayland, Frazier.  NAY:  None.

 

EXECUTIVE SESSION:  (3:30 pm)  On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2-3711A.3 to discuss or consider the acquisition of real property for a public purpose or the disposition of publicly held real property, when discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors under §2.2-3711A.3.   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.
Wayland, 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 adjourned at 4:00 o'clock p.m.

 

 

                                                                        ____________________________________

                                                                                    Robert P. Anderson, Chairman