AT THE MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 5th DAY OF DECEMBER, TWO THOUSAND AND ELEVEN AT TWO O’CLOCK P.M. AT THE COURT HOUSE IN WASHINGTON, VIRGINIA

Present	Present	Absent
Roger A Welch, Chairman S. Bryant Lee, Vice Chairman Ronald L. Frazier I. Christopher Parrish Michael J. Biniek	John McCarthy, Co. Adm. Peter H. Luke, Co. Attorney Margaret R. Ralph, Clerk

Chairman Welch called the meeting to order.

The Pledge of Allegiance was recited. The Board and audience observed a moment of silence.

MINUTES: On motion of Mr. Lee, seconded by Mr. Parrish, the minutes of the November, 2011 Meeting were approved as presented.

REVISED AGENDA: Mr. McCarthy requested the following addition to the Agenda under appointments – Pending Vacancy on WSA Board.

Mr. Frazier asked why the second public comment session has been omitted from the recent agendas. He would like to see this on the agenda again because it gives the public another opportunity to comment after the Board’s agenda items have been concluded. A discussion followed.

On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted to dispense with the second public comment session of the Board’s monthly agenda. The vote was as follows: Ayes: Mr. Lee, Mr. Welch, Mr. Biniek, Mr. Parrish. Nay: Mr. Frazier

Mr. Welch requested the following addition to the Agenda prior to the “About our Schools” segment – Appearance of Mr. Todd Gilbert, our former delegate and Mr. Michael Webbert, our new delegate.

On motion of Mr. Parrish, seconded by Mr. Welch, the Board voted unanimously to add these additional items to the Agenda.

Mr. Welch introduced Delegate, Todd Gilbert. Mr. Gilbert explained that because of boundary adjustments, he would no longer be serving as our Delegate. He thanked the Board for its cooperation over the years and said he has been proud to represent Rappahannock County.

Mr. Gilbert then introduced Mr. Michael Webbert, our new delegate. Mr. Webbert spoke briefly, saying that he had “big shoes to fill” and that he would do his best to represent Rappahannock and it’s citizens. The Board thanked Mr. Gilbert for his past service and welcomed Mr. Webbert as Rappahannock’s new delegate.

ABOUT OUR SCHOOLS: Dr. Boone reported on the following:

A School Board Member retreat was held after the elections to welcome new members Paul Brown (previously appointed), Amy Hitt, John Lesinski and Chris Ubben to the Board. The meeting was very successful and covered the members’ responsibilities and roles as Members of the School Board.

The Annual State of the School Meeting was held in mid-November. The poor attendance was disappointing and there will be every effort to get more parents to attend next year. The presentation can be found on the School’s Website and a copy of the report is attached to the minutes of this meeting.

The Rappahannock/Headwater’s partnership for the after-school program is going very well, with 32 kids enrolled. Expansion of the program, as well as new endeavors, is being discussed. The problem of bus drivers is being discussed. Dr. Boone invited the Board and public to stop by the school to visit on Tuesday and Thursday afternoons.

Mr. Lee asked about teachers being trained to drive the school busses. Dr. Boone will look into it.

The repair and refurbishing of the playground has been a reality check for everyone. Costs are greater than expected and it will take longer to complete the project. Originally the costs were projected to be around $50,000.00. However, the figure will be more like $65,000 to $70,000.

Mr. Parrish asked about the inclusion of a basketball court at the site. Dr. Boone said there would be two areas for basketball, one of which will be for smaller children.

PUBLIC COMMENT:

Phil Irwin, Flint Hill, spoke about the deletion of the second public comment session at Board meetings. He hopes the Board will reconsider this decision. He also asked that Board Members and others please speak up when making comments.

Brad Schneider, Hampton District, attended the State of the Schools meeting and commended Dr. Boone for a very impressive presentation. He also said that he is very interested helping to improve our costs for waste disposal.

Joy Sloan echoed Mr. Irwin’s comment on the Board speaking up.

There being no further comments, the session was closed.

OLD BUSINESS:

School Energy Projects Financing: Mr. McCarthy explained the need for a Post-Issuance Compliance Policy for Tax-Exempt Obligations. Briefly stated: The County is a political subdivision of the Commonwealth of Virginia and has the authority to issue general obligation and revenue bonds. In addition, the County has authority to enter into installment lease purchase financing and other financing structures. Over recent years the County’s issuances of exempt obligations has been limited. In 2011 the county issued its 2011 School Bond as a tax-exempt obligation and has no expectations to issue any other tax-exempt obligations in the foreseeable future.

In light of these circumstances, the Board now desires to adopt and implement appropriate post-issuance tax compliance procedures in conformity with federal tax laws in order for the County to monitor its post-issuance compliance with respect to the 2011 School bond, and any other tax-exempt obligations of the County. This policy, therefore, to the fullest extent practicable, shall document existing practices and further describe procedures and requirements for the County.

Because Rappahannock is a rural, sparsely populated locality, this policy does not wholly apply to us. However, the Board must assume responsibility for the on going monitoring of this obligation and thus must adopt this plan. (Entire text of the Policy will be filed with the minutes of this meeting).

Mr. Luke concurred with Mr. McCarthy’s explanation and added that this was a safeguard for audit purposes. On motion of Mr. Biniek, seconded by Mr. Lee, the Board voted to accept the Post-Issuance Compliance Policy for Tax-Exempt Obligations. The roll-call vote was recorded as follows:

Mr. Parrish Aye

Mr. Biniek Aye

Mr. Lee Aye

Mr. Frazier Aye

Mr. Welch Aye

Musco Lighting Agreement: Mr. McCarthy presented a proposal for paying off the Musco Lighting Obligation. The plan represents a two-part commitment: 1.) Paying off the obligation thus avoiding any additional interest charges and 2.) Extending the payback period on the Energy Improvements projects from ten to eleven years.

On motion of Mr. Frazier, seconded by Mr. Biniek, the Board voted unanimously to approve Mr. McCarthy’s proposal to pay off the Musco Lighting obligation and extending the payback period of the energy projects.

The fact that this payoff would release the Athletic Booster Club from any additional obligations was discussed. However, Mr. McCarthy will request that the Booster Club honor their commitment to the County and repay this debt.

Solid Waste Contracts: This topic was carried over from previous meetings. Mr. McCarthy recapped the issues: we are currently in the 2^nd two-year extension of a three-year contract with Culpeper County for our trash hauling. Mr. Robert Bobbitt, from Community Trash, is present to present his company’s proposal for taking over Rappahannock County’s trash hauling.

Basically Community Trash proposed to do the job with “tipper trailers” and haul directly to Richmond. This would probably result in lesser tipping and hauling fees and greater volume of trash hauled. Mr. Bobbitt answered questions from Mr. Frazier, Mr. Welch, and Mr. Luke and Mr. Lee concerning the process his company would use.

Mr. McCarthy commented that while we are still under contract with Culpeper County, we can definitely conducts some test runs to determine which option would be better for Rappahannock. He added that we do a lot of business with Culpeper County and asked for direction from the Board as to how to proceed. The general consensus was to do some test loads and to report back to the Board at future meetings.

Mr. McCarthy reported that the advertisement for volunteers for a Solid Waste Advisory Committee, discussed at November’s meeting, has not been done yet since Mr. Bobbitt presentation was delayed until this meeting.

Mr. Parrish asked about wire disposal. Mr. Bobbitt said that it could be accepted in specific quantities and in specific lengths. A temporary container could be used during specific time periods.

The bottom line is that Rappahannock has a year to experiment with testing of Community Trash’s proposal.

Phase II Watershed Implementation Plan (“WIP”): This plan is an on-going process that clearly recognizes the fact that there are problems in the Bay. The current status is two fold: First the Department of Conservation and Recreation will continue discussions with the EPA and second it will continue with the implementation of Phase II of the plan with a series of models.

The state has asked for comments and recommendations from localities, but, in truth, most counties do no have the facilities or the capabilities to give any positive input. There is no action to be taken today, but the County will participate as much as it can. Mr. McCarthy will keep the Board informed.

A discussion, pointing out Rappahannock’s efforts to keep pollution from the bay, followed. All agreed that the county does a lot more than many other jurisdictions. However, we should continue to encourage citizens to keep preservations methods going so that if, or when, a mandate is presented by the State we can demonstrate what we have already been doing and accomplishing.

NEW BUSINESS:

Department of Forestry topics for Discussion on January 4, 2012: Representatives from the Department of Forestry will be at the January Meeting. Reid Folsom has already compiled questions for them. If any Board member has topics they would like to discuss at that meeting, they should submit them to Mr. McCarthy.

Resolution of Appreciation: Peter H. Luke, Commonwealth Attorney: Mr. Welch read the resolution to the audience and thanked Peter Luke for his years of service to the Court System and to the County, as County Attorney. The audience gave Mr. Luke a round of applause. Peter reminisced about the way things were when he first became Commonwealth Attorney. Being County Attorney just came with the job of Commonwealth Attorney. He thanked the Board for its support over the years. Everyone was reminded that Mr. Luke would still be serving as County Attorney.

Behavioral Health Care Delivery Presentation: Mr. McCarthy discussed the report and its high impact on the Board and County Resources. He pointed out a changing landscape for local government, including a managed care model for delivery of Medicaid services, services under the Comprehensive Services Act, and Behavioral health care. This will involve three agencies: local social services, Comprehensive Services Act (CSA), and community Services Boards.

He pointed out a Time Line Scenario utilizing a Care Coordination Model and added that there will be many questions and situations that the Board will have to consider in the future. He continued saying that he has no answers, but his expectation is that more money will need to be contributed from localities. Mr. Luke commented about his work and experiences working with Social Services. Complete report is filed with the papers of the meeting.

APPOINTMENTS:

Judy Tole’s appointment on the Social Service Board expires on December 31 and she is not eligible for reappointment.

John Feeney and Nancy Ely-Raphel’s terms on the Library Board expire on December 31. Ms Ely-Raphel is eligible for reappointment, Mr. Feeney is not.

Eugene Leggett will be retiring from his position on the Water Sewer Authority Board.

The Board directed Mr. McCarthy to advertise for these positions. Mr. McCarthy asked board members to notify him if they receive inquiries from volunteers.

CORRESPONDENCE:

The Board received a letter from Charles E. Shepherd, Environmental Health Manager announcing his retirement effective December 31, 2011. Mr. Shepherd thanked the board and its staff for its support over the past 30 years.

INFORMATION: --November Building Permit Report

--VDOT Report

--Tourism Report

--RRRC Annual Report and Date Summary

--Reminder – The January 2012 Board Meeting will be held on

Wednesday, January 4, 2012

ACCOUNTS: On motion of Mr. Parrish, seconded by Mr. Lee, the Accounts were unanimously approved.

CLOSED SESSION: On motion of Mr. Frazier, seconded by Mr. Lee the Board voted unanimously to retire into executive session in accordance with Section 2.2-3711A of the Code of Virginia:

To discuss the performance, salary, of specific public officers, appointees or employees of the Board of Supervisors under Section 2.2-3711 A.1.

The subject matter of the closed meeting will be: County Attorney staffing.

The roll call vote was recorded as follows: Mr. Welch Aye

Mr. Frazier Aye

Mr. Lee Aye

Mr. Biniek Aye

Mr. Parrish Aye

On motion of Mr.Parrish, seconded by Mr. Biniek, the Board voted unanimously to reconvene into open session.

The Chairman polled the members of the Board as follows: “Do each of you certify that to the best of your knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act, and only such public business matters as were identified in the motion by which the closed meeting was convened, were heard, discussed or considered by the Board of Supervisors in the closed meeting?”

The roll call vote was recorded as follows: Mr. Welch Aye

Mr. Frazier Aye

Mr. Lee Aye

Mr. Biniek Aye

Mr. Parrish Aye

______________________

Chairman