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 7th DAY OF SEPTEMBER, 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

None

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

The Board and members of the audience observed a moment of silent respect for the victims of Hurricane Katrina, a hurricane that struck New Orleans earlier this month and left colossal destruction and death.

MINUTES: On motion of Mr. Lee, seconded by Mr. Anderson, the minutes of the August 1, 2005 meeting were unanimously approved as published. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

AGENDA: On motion of Mr. Frazier, seconded by Mr. Lee, the revised Final Agenda, including an item regarding sale of land by VDOT to Charles A. Dodson, was unanimously adopted. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

SCHOOLS: Superintendent Robert Chappell reported as follows:

(1) Distribution of the August newsletter.

(2) Praise to custodians, staff and trustees for good school opening.

(3) RCES kitchen not ready due to electrical contractor problems; meals being transported from RCHS to RCES.

(4) Captain Jeff Brown named Dare Officer of the Year.

(5) State Homeless Child Procedures will be followed if evacuees from New Orleans are enrolled in public school system.

(6) No safety issues for students or staff as a result of on-going construction in the facilities.

(7) Mold issues have been resolved.

(8) Gym contract will be signed on this date; funds remaining will be applied toward construction of the track.

The Board members and County Administrator all complimented Dr. Chappell on his untiring efforts to have all construction projects and completed during the summer break.

PUBLIC COMMENT:

Ruth Kiger tendered her name as a candidate to fill the vacancy on the Department of Social Services Board. Mrs. Kiger is a long time resident and volunteer in Rappahannock County.

Sheriff Larry Sherertz reported on efforts to control speeding and wreckless motorcyclers on county roads. He also reported that a pool hall, dance floor and bar are being planned for the facililty at the old Sperryville High School, now known as Sunnyside Farms.

In regard to the Sheriff's statements, Monira Rifaat commented that escorting motorcycles up and down the mountain in orderly fashion is not a good use of taxpayer's money. In response, Chief Deputy Chris Williams reported that $17,500 in grant funds have been received over the past two years to offset these specific costs.

OLD BUSINESS:

Driveway Construction Standards: The county has no legislative authority to control driveways, but problems with accessibility to oversize fire and emergency vehicles frequently arise. A flyer has been designed and will be distributed to excavation contractors, homeowners and purchasers. The Board agreed by consensus. A sample of the first flyer is with the papers of this meeting.

Polling Place Accessibility: Mr. McCarthy reported that all handicap accessibility deficiencies identified to date have been resolved. Other issues will be addressed and resolved as they are identified in an effort to be prepared for the 2006 elections.

Hazel River, Proposed Tier III Designation: Board members have received copies of the proposed Tier III regulations and were asked to take some time to read and digest the contents. Formal discussion will commence in several months. (See papers of meeting.)

Community Services Board Performance Contract: On motion of Mr. Frazier, seconded by Mr. Anderson, the Board voted unanimously to adopt a "Resolution to Receive the Rappahannock-Rapidan Community Services Board's FY2006 Performance Contract with the Department of Mental Health, Mental Retardation, and Substance Abuse Services and the Area Plan for Aging Services and Authorize the Rappahannock-Rapidan Community Services Board to Act as Its Own Fiscal Agent." The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. (See Exhibit A attached hereto and made a part of these minutes.)

NEW BUSINESS:

Robert and Karen Darby-Resolution of Appreciation: On motion of Mr. Anderson, seconded by Mr. Welch, the Board voted unanimously to adopt a Resolution of Appreciation to Mr. & Mrs. Robert Darby regarding the John Jackson historical marker recently placed on their property. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. (See Exhibit B attached hereto and made a part of these minutes.)

James Marangoni Resolution of Appreciation: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt a Resolution of Appreciaiton to James Marangoni for his years of service as Deputy Coordinator of Emergency Management. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. (See Exhibit C attached hereto and made a part of these minutes.)

Soil Testing: The Health Department will no longer do any soil testing; individuals will be required to hire their own soil scientists or consultants. The Health Department has a list of consultants.

Regional Jail Proposal: A proposal has been received from Moseley Architects for a study to determine if a regional jail is viable for the counties of Page, Rappahannock, Shenandoah and Warren. The study is not a complete Community Based Corrections Plan, but can be utilized toward completion of a CBCP. The county's share of the cost of the study is $10,000. On motion of Mr. Frazier, seconded by Mr. Anderson, the Board voted unanimously to authorize the expenditure of $10,000 for its share of the regional jail study proposal. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None. (See papers of meeting for full details of proposal.)

Lord Fairfax Community College - Memorandum of Understanding: Mr. McCarthy does not recommend entering into this agreement without a more definitive explanation of any proposed project. This item was tabled until the October meeting. (See proposed Memo with papers of meeting.)

Water & Sewer Authority Ordinance: Mr. Luke and Mr. McCarthy will begin reviewing this ordinance to update it and bring it into compliance with any changes in state law.

Red Cross Appropriation, Hurricane Katrina Disaster Relief: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to appropriate $5000 to line item 1101-5701 for a contribution to the American Red Cross for Disaster Relief due to the destruction caused by Hurricane Katrina in New Orleans with a pledge to appropriate up to an additional $2500.00 in matching funds for donations by county and/or constitutional officers and their employees. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

VDOT, Sale of land on Route 729: VDOT is negotiating the sale of land on Route 729 to Charles A. Dodson. Pursuant to the County Attorney's advice, on motion of Mr. Frazier, seconded by Mr. Anderson, the Board voted unanimously to authorize Mr. McCarthy to respond to VDOT that the property must be sold to an adjoining landowner and that it must merge with the adjoining property. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

APPOINTMENTS:

Water & Sewer Authority: This appointment will be made at the October meeting.

Department of Social Services Board: John Hartline has submitted his resignation. Ruth Kiger was appointed to fill Mr. Hartline's term of office on motion of Mr. Estes, seconded by Mr. Anderson and the unanimous vote of the full board. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

CORRESPONDENCE: (See papers of meeting.)

(1) Commonwealth Transportation Board.

(2) VF&R Study and Response

(3) FSA Office closure in Culpeper

Addition to Agenda--Farm Services Agency: On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to add Farm Services Agency, Office Closure to the agenda. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to authorize Mr. McCarthy to pursue efforts to keep the Culpeper Office open or to search for an alternative to closing said office.

(4) DAA Alert, re: Recycling Rates.

(5) Free Clinic, thank you letter

(6) EMS Council Regional Awards

INFORMATION:

Building Office Report: Total construction from July 21, 2005 to August 21, 2005 was $2,525,827.39. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2004	2005
New Home Construction	44	40
Commercial Buildings	11	11

ACCOUNTS: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to pay the accounts payables dated September 7, 2005. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch, Frazier. NAY: None.

There being no further business, the meeting recessed at 4:10 o'clock p.m. and recon- vened at 7:00 o'clock p.m. to conduct the following public hearings.

Mr. Frazier was absent. All other Board members and staff were present.

(1) Amendments, Family Apartments: These amendments, which originated in the Planning Commission, provide a liberalization of the current requirements. The proposed amendments will permit up to 1200 square feet of livable space while permitting the size of the total structure to exceed 1200 square feet. The Planning Commission unanimously recommends approval.

Chairman Estes opened the public hearing. There being no comments, the Chairman closed the public hearing. Following brief discussion, on motion of Mr. Anderson, seconded by Mr. Lee, the Board voted unanimously, of the members present, to adopt the proposed amendments as advertised to the family apartment provisions of the Zoning Chapter of the Rappahannock County Code. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch. NAY: None. ABSENT: Frazier (See Exhibit D attached hereto and made a part of these minutes.)

(2) Sale of Carver-Piedmont Regional Education Center: Agreements were entered into two years ago regarding the sale of the county's 25% interest for $71,125. Two payments have already been received; the balance due is $23,708.34.

The Chairman opened the public hearing. Mitzi Young commented that the funds from the sale of the property should be used to develop a farm program at the schools.

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

On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to approve a resolution concerning the sale of the Carver-Piedmont Regional Education Center. The vote was recorded as follows: AYE: Estes, Lee, Anderson, Welch. NAY: None. ABSENT: Frazier (See Resolution and copy of deed marked Exhibit E attached hereto and made a part of these minutes.)

There being no further business, the meeting adjourned at 7:25 o'clock p.m.

_________________________________________

Charles K. Estes, Chairman