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 5th DAY OF SEPTEMBER, TWO THOUSAND AND SEVEN AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present

Absent

Robert P Anderson, Chairman Ronald L.Frazier, V-Chairman

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 draft minutes of the August 6, 2007 meeting were unanimously approved as amended. 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: Superintendent of Schools, Dr. Robert Chappell, made the following report.

1) The Virginia Department of Education reports that both RCES and RCHS made Adequate Yearly Progress (AYP) based on testing and other benchmarks achieved during the 2006-2007 school year. The School Division and the State did not make AYP. Official notification has not yet been received but it is expected that both schools are fully accredited based on SOL testing.

2) Automated Notification System: This system will be used for school closures, important school news or an emergency.

3) Annual Notification re: Sexual Offenders: RCPS has requested electronic notification of the registration or re-registration of any sex offender in the same or contiguous zip codes as the school. Annual notification can be given to parents and employees.

4) Average Daily Membership (ADM): ADM is between 940 – 950 students to date.

Representative to Congressman Cantor: Barbara Taylor, the Community Outreach Director, was introduced.

FORESTRY DEPARTMENT: Michael Santucci distributed a summary of VDF Forest Management Activities for the period July 1, 2006 through June 30, 2007 and discussed forestland cover, timberland, economic information, forest management plans, harvesting, reforestation, timber stand improvement and wildfire activity. (See papers of meeting for statistical details.)

Regional Forest Conservation Specialist: Mr. Santucci has been promoted to this new position. The vacancy created by his promotion will be filled in several months.

VDOT REPORT: David Cubbage, Residency Engineer, discussed plans relating to motorcycle crashes on Route 211 between Sperryville and the Skyline Drive. VDOT will have meetings with State Police, Sheriff's Office and a traffic engineer. The goal is to help identify measures VDOT can undertake and how to help with traffic control and signage. There were two fatalities between 1997-2002; there have been seven fatalities between 2002-2007.

PUBLIC COMMENT:

Bob Dennis commented on the possibility of co-holding of conservation easements with PEC because the Virginia Outdoors Foundation will no longer consider small parcels and there are numerous property owners of small parcels who would like to participate in the easement process. He asked the county to try to find a way to solve that problem.

Mr. Dennis also asked the Board to (1) contact our US senator and representative regarding the need to resolve immigration issues and (2) to lift the burn ban because there have been over 5 inches of rain in his area of the county (North Poe's Road.)

Alan Zuschlag, Phil Irwin, Monira Rifaat and Don Loock (PEC representative) all discussed the need of co-holding conservation easements for property owners of small parcels. Mr. Loock advised the Board that PEC has a program in place for co-holding easements.

Supervisor Lee explained that there is more protection to put easement properties into a state program instead of a county program.

OLD BUSINESS:

Broadband/Internet Access Study: The committee has met once and will meet again in October with a goal of presenting a plan at either the November or December meeting. Information is being collected and reviewed from E-Office, Verizon, Embarq and Virginia Broadband.

Appointments: On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to add Jeff Turner and Doug Schiffman to the Broadband/Internet Access Study group. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Rappahannock County and School Funding Team: The first meeting will be held on September 10, 2007. A report will be made at the October Supervisor's meeting.

Solid Waste Agreement—Culpeper: Two years ago, the Board made the decision that it was not financially feasible to build a fourth cell at the landfill site. Discussions with Culpeper County have resulted in a proposed agreement to transfer solid wastes to its landfill. The cost to transfer solid wastes to Culpeper is approximately $30 per ton less in net costs than building a new cell at the landfill. Trash will continue to be received at both the Flatwoods and Amissville sites. Commercial haulers will be required to haul to a site outside the county.

The proposed agreement has been approved by the Culpeper Board, its counsel and by Mr. Luke, the Rappahannock County attorney. On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve the Solid Waste Service Agreement between Rappahannock County, Virginia and Culpeper County, Virginia. attached hereto as Exhibit A and made part of these minutes. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Regional Jail: Mr. McCarthy reported that Warren, Shenandoah and Rappahannock Counties will continue to pursue a site location. An Authority, which could apply for money from DOC but that would have no taxing authority, may be considered. The regional jail concept is a $90 million project. DOC would pay for 50% of the costs. The Rappahannock County share would be 6% of locality costs. No action was taken. This matter will be placed on the October agenda.

NEW BUSINESS:

Code Amendments-Open Burning Ban: On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to advertise for public hearing at the October meeting a proposed amendment to Chapter 18, Emergencies to allow for a burning ban during emergency or drought conditions. (See proposed resolution for amendment filed with papers of meeting.) The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Zoning Violation Penalties: There is new enabling legislation which permits greater punishments for repeat offenders. On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to advertise for public hearing at the October meeting a resolution relating to penalties for zoning violations. (See proposed resolution filed with papers of meeting.) The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None

Personal Property Tax Exemption for VF&R Resolution: Virginia statute allows localities to adopt a resolution exempting VF&R volunteers from personal property taxation. In order to be eligible for the benefit, volunteers must perform a certain amount of service which must be certified annually by the chief of each department. On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to advertise for public hearing at the October meeting a resolution amending Chapter 151 Taxation", Article X "Motor Vehicle Titling Tax of the county code. (See proposed resolution filed with papers of meeting.) The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Co-Holding of Easements with PEC: Mr. McCarthy suggested that the county consider, on a case-by-case basis the possibility of co-holding of small-lot easements with PEC. Most expenses would be paid by PEC and the landowner; the county may not be able to absolve itself of all costs and expenses. No action was taken. Mr. McCarthy will report to the Board at a future date if or when a good prospect is presented.

Public Safety Committee: Richie Burke, the Emergency Services/Management Coordinator, has requested that the county consider the implementation of a public safety committee. (See letter spelling out details filed with papers of meeting.) On motion of Mr. Frazier, seconded by Mr. Wayland, the Board voted unanimously to approve the creation of a Public Safety Committee and to advertise for a citizen member. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None

Public Records Disposition: On motion of Mr. Welch, seconded by Mr. Wayland, the County Clerk was authorized to dispose of Series 10143, accounts payables records, through the year 2002. The disposition of this series of records is authorized by the Virginia State Library. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Scrabble School Grant Resolution: The block grant will be resubmitted under the Department of Housing and Community Development Rural Initiative program. On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve a resolution to authorize the County Administrator to resubmit the application. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None (See Resolution attached hereto as Exhibit B and made a part of these minutes.) The county should learn by November 1, 2007 if the grant has been awarded.

Virginia Tourism Grant: Following the Living Town Forum reported in the June 4, 2007 minutes of this Board, there has been discussion of a website for all county that could be linked to the Virginia tourism websites. Costs should not exceed $15,000 over a two-year period. No new funds are requested; funds for tourism already appear in several places in the budget. No action was taken and there was no opposition to the concept.

APPOINTMENTS: None.

CORRESPONDENCE: (All letters filed with papers of meeting.)

Culpeper Resolution Concerning Illegal Immigration: The Culpeper County resolution calls for other localities to join together in formulating recommendations to the General Assembly for legislative solutions to problems caused by illegal aliens.

Drought Relief: Agriculture Department's response to the county's request for assistance due to the drought.

Drought Relief: Senator Obenshain's support for request for drought relief.

Drought Relief: Governor Kaine's notification of aid due to drought.

INFORMATION:

Building Office Report: Total construction from July 21, 2007 to August 21, 2007 was $1,797,840.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2006	2007
New Home Construction	40	32
Commercial Buildings	4	6

ACCOUNTS: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to approve the Accounts Payables dated September 5, 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. The subject matter of the closed meeting was discussion of the Dominion Power Line case. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland NAY: None.

Open Session: On motion of Mr. Welch, seconded by Mr. Lee, 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 5:30 o'clock p.m.

________________________________________

Robert P. Anderson, Chairman