AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 6TH DAY OF FEBRUARY, TWO THOUSAND AND TWELVE AT TWO O’CLOCK P.M. AT THE COURTHOUSE 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. Atty. Margaret R. Ralph, Clerk

Chairman Welch called the meeting to order.

The Pledge of Allegiance was recited, followed by a moment of silence.

MINUTES: On motion of Mr. Frazier, seconded by Mr. Biniek, the Board unanimously approved the minutes of the January 4, 2012 Board meeting.

REVISED AGENDA:

Because of illness, Wes Clark, Robinson Farmer Cox Associates will not be at the meeting. His presentation will be continued until the March meeting.

Under New Business – there are two items to give the Board information on the sale of guns and a request from the Sheriff for an amendment to the current budget reflecting revenue generated by the sale of these confiscated weapons.

On motion of Mr. Lee, seconded by Mr. Parrish, the revised agenda was unanimously approved by the Board.

ABOUT OUR SCHOOLS: Mr. Welch introduced Dr. Boone.

Dr. Boone reported on the following:

Concrete repaving of a section of the HS parking lot and the new traffic pattern in the area

Construction of the new playground is on schedule and the installation of the equipment will begin on Thursday. The site engineer will be there to assist the volunteers. There will be a dedication ceremony in March.

The School Board will meet on February 14^th. Dr. Boone will give an initial presentation on the Budget for next year. Everyone is welcomed to attend and to participate in the public comment session. He reminded everyone that the meetings now begin at 6PM

Copies of the latest Rapp Review were delivered to the Board. Special thanks were given to student intern, Shelby Burnett, for her work on this publication.

Dr. Boone answered Mr. Welch’s question concerning the use of the elementary school for The Relay for Life. The relay will be held at the school.

Mr. Parrish commented on the paving of the parking lot and the possible speeding that may occur because of the new surface. Dr. Boone explained that on the whole, the kids are very responsible and that there are no plans for any additional paving in the area where they park.

FIRE LEVY BILLS: Included in the Board’s packet were the Fire Levy Bills. Mr. Richie Burke was present at the meeting to answer any questions.

Mr. McCarthy requested some clarification concerning Amissville VFD’s request for a $4,000.00 payment. Is this amount included in the original request or is it an additional expense? Mr. Burke responded that he believed this was a supplemental request but that he would confirm that with the Amissville Fire Company. The clerk was directed to hold the check until confirmation is received.

A brief discussion followed.

On motion of Mr. Biniek, seconded by Mr. Lee, the Board voted unanimously to approve the Fire Levy Board bills with the addition of Amissville’s supplemental request of $4000.00.

Mr. Lee congratulated the fire companies on an excellent job. Mr. Welch noted that the Washington company had answered all of the 390 calls it received – a very impressive record.

PUBLIC COMMENT: Chairman Welch opened the Meeting to Public Comment.

Brad Schneider, Hampton District, requested that the board take a close look at what is being proposed for the Window Replacement program at the high school to insure that the proposal is consistent and that the right windows are being used in the correct places. He cited what he considered to be problems in the lighting replacement.

There were no further comments and Mr. Welch declared the Public Comment closed.

OLD BUSINESS:

Solid Waste & Recycling Advisory Group: Mr. McCarthy reported that Mr. Brad Schneider and Ron Makela have expressed an interest to serve on this committee, but that he had not heard from any others. As he proposed in a memo circulated to the Board, he requests that he and the two volunteers meet and present a less formal report to the Board.

RSW Regional Jail Update with Ted Cole was delayed until later in the meeting.

Amendment to the Rules of Procedure: A memo concerning the Rules of Procedure from Mr. McCarthy, with modification by the County Attorney, Mr. Luke, was given to the Board prior to the meeting. Mr. McCarthy commented on the proposed amendment.

Mr. Parrish wants to leave the procedure the same as before with one public comments period.

Mr. Frazier believes that it is a good idea to change the rules of procedure.

Mr. Welch agrees that this is a good idea. It makes things more official.

Mr. McCarthy emphasized that either procedure leaves the Board in charge of the meeting. Formalizing the procedure might avoid a controversial eruption from the audience, but it doesn’t necessarily tie the Board’ hands in allowing a person to speak when requesting to do so. The downside is that the more complicated the rules are, the more likely they can be messed up.

Mr. Parrish asked for comments from the County Attorney, Mr. Luke.

Mr. Luke commented that there is a virtue in keeping things simple. The issue comes down to this: how and when is a member of the public going to approach you (Board Member) and how is the whole thing going to play out. This was the reason he added the verbiage that any request needs to be made prior to the Closed Session. What about those who speak and then leave before a 2^nd public comment because they believe the discussion is now over? Additionally, what is additional information? He wanted to be very clear – this new procedure is legal and can be adopted, but he cautions the Board to think about these things. The Board can be very flexible and can always have a second session if it wishes. A brief discussion followed.

Mr. Frazier made a motion to adopt the amended Rule of Procedure. Mr. Welch seconded the motion. There were 2 votes in favor and 3 votes against. The motion failed. The Board will continue to conduct business as before.

NEW BUSINESS:

Draft Emergency Operations Plan: Mr. McCarthy reported that there is pressure from the State to get this plan adopted. It has already been reviewed by the State and revisions have been made. There have been a few additions and changes. Mr. McCarthy requested approval of the plan subject to the typo corrections and the addition of graphics.

Discussion on dams, animal training, and chain of command followed. It was pointed out that this document would be updated and revised often.

On motion of Mr. Biniek, seconded by Mr. Parrish, the Board voted unanimously to accept the Emergency Operations Plan.

High School HVAC and Window Replacement Project: Mr. McCarthy reported that the ad for bids is out and he has received several questions and requests for plans. He gave a brief explanation of the plan, lighting, and our reliance on Walt Maben. He is hoping that the contract will be awarded at the March meeting. It will probably be one contractor with at least three sub-contractors. The project is slated to start on June 15.

Reassessment Process: Mr. McCarthy gave an explanation of the reassessment process. The last one was a regional effort with Warren and Page. It was the best in 25 years. He is recommending a 5-6 year reassessment cycle and participation in a regional plan with Warren, Page, Shenandoah and Clark. Mr. McCarthy is requesting that the Board allow him to solicit bids for the project with the understanding that Rappahannock would be the last county reassessed.

VHDA Letter – Washington School: Mr. McCarthy commented on the rumor that low-income housing/apartments construction was being considered for the Washington School. CCLC in interested in the renovation of the gym and has received an offer for the purchase of the building by “People Inc”. This company would then renovate the building and provide quality and affordable apartments. The rent being considered is $900/month.

In any event, this would be a Town of Washington zoning issue and the Rehabilitation Tax Credit may become an issue that the board may want to keep in mind. At this point, no Board action is requested.

Budget Amendment: The Sheriff has requested that $3800.00 be added to budget category 3102-7002. This is money received from the sale of old and confiscated weapons.

On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to approve the budget amendment.

RSW Regional Jail Update: The RSW Jail Authority had requested that Davenport & Company LLC give a report on the financing and expenditures for the new RSW Jail. Mr. McCarthy introduced Ted Cole.

Mr. Cole presented a very comprehensive report on the Regional Jail – a 375 bed facility located in Warren County. This facility is scheduled for completion in July 2014. He stressed that this report was purely for discussion and information and to update the parties as to their financial responsibilities. No Board action was requested or necessary.

Points covered in the Overview of the Regional Jail Facility Funding presentation were:

Interim Financing Update

Potential sources for Funding

A preliminary Financing Schedule

Project Cost components

Total Project Costs

Preliminary Total Sources and Uses of Funds

Preliminary Plan of Finance Timeline

Preliminary Annual Debt Service Requirements

A Financial Impact Model was also discussed including:

Key Assumptions

Detailed Projected Operating Results

Authority Pro Forma Financial Model

Local Jail Budget Assumptions

Per Diem Calculation

Estimated Net Per Diem Tax Impact

Next Steps

The complete report is filed with the Minutes of this meeting.

APPOINTMENTS:

On motion of Mr. Lee, seconded by Mr. Welch, Patti Metcalf was appointed to the Social Services Board, effective immediately. The vote was unanimous.

On motion of Mr. Lee, seconded by Mr. Frazier, Jackie Estes was appointed as Deputy Emergency Coordinator. The vote was unanimous.

Mr. McCarthy requested that the Board reconstitute the Water Quality Advisory Committee and consider the following proposed members:

John McCarthy County over-site

Reid Folsom Chair

Pam Owen RLEP

Bev Hunter RapFlow

David Massie Culpeper SWCD

Don Loock PEC

U.S. Park Service Their choice

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to appoint the entire proposed slate of members to the Water Quality Advisory Committee.

CORRESPONDENCE: None

INFORMATION: January Building Permit Report

Tourism Report

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

EXECUTIVE SESSION:

On motion of Mr. Biniek, seconded by Mr. Lee, the Board voted to conduct a Closed Meeting in accordance with §2.2-3711A of the Code of Virginia for the following purposes:

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

2. To discuss potential real property acquisition, §2.2-3711 A.3

3. To discuss the inventing of public funds where completion and bargaining are involved, §2.2 3711 A.6

4. To discuss potential litigation, §2.2-3711 A.7

The roll call vote was recorded as follows:

Mr. Welch Aye

Mr. Frazier Aye

Mr. Lee Aye

Mr. Biniek Aye

Mr. Parrish Aye

Open Session: On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted unanimously to reconvene into open session. The following roll-call vote was taken: Ayes: Mr. Welch, Mr. Frazier, Mr. Parrish, Mr. Biniek, Mr. Lee. Nays: none.

The Board reconvened into Open Session.

Certification: 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 hears, discussed or considered by the Board of Supervisors in the closed meeting?

The following roll-call vote was taken: Ayes: Mr. Welch, Mr. Frazier, Mr. Parrish, Mr. Biniek, Mr. Lee. Nays: none.

There being no further business, the Board adjourned until the 7PM Public Hearing.

February 6, 2012 – 7:00PM – Special Exception Public Hearing

Mr. Welch called the meeting to order

SE #11-12-01

Playhouse Corporation Castleton Festival Amendment – Applicant desires to amend the existing Special Exceptions #08-06-02 and #09-08-03 by increasing the number of attendees from 400 to 650 persons. All other conditions will remain in force and effect.

Mr. Douglas K. Baumgardner spoke for the applicant, Playhouse Corporation, and explained the request. He referred to the site plan and to the attention given to parking, lighting, safety, plans for directions to the festival, and an emergency plan developed by the applicant. He commented on the provisions of the comprehensive plan being met and on the emphasis on community and the arts.

Mr. Lee asked about traffic. Mr. Baumgardner responded saying that all events plans will be coordinated with VDOT. Signage will be present as well as input from the Rappahannock County Sheriff’s department.

Mr. McCarthy read the requirements set by the Planning Commission:

1. Applicant shall cooperate and abide by the Rappahannock County Sheriff’s Office recommendations as to traffic flow and management, and reimburse the County for any costs incurred.

2. Applicant stipulates that improvements to the Theater House structure will be undertaken prior to implementation of additional seating in the Festival House.

3. Applicant shall install new signage during FY13 construction of Battle Run Bridge on Rt. 729 (Richmond Road).

4. Emergency Management plans for events to be reviewed and approved by Rappahannock County Emergency Manager.

5. Literature promoting the Castleton Festival and directions provided to patrons shall state that 35 mph is the maximum safe speed in rural area.

6. No alcohol to be allowed on-site except through concessions controlled by owner.

7. 3 year Review of traffic impacts due to the increased seating.

Mr. Baumgardner answered questions and concerns of Mr. Parrish about traffic and additional costs to the County: the Sheriff’s Department will control traffic and there will be no additional cost to the county.

Mr. Welch opened the Public Comment session. There being no public comment, the session was closed.

Board Comments:

Mr. Lee thought that this change would be a great thing for Rappahannock and would bring more people to the County.

Mr. Frazier said that the application was very well done and that the application addresses all the possibilities.

Mr. Biniek agreed with Mr. and Lee and Mr. Frazier. He commented that past festival workers doing a great job in moving people.

Mr. Welch commented that directions to the events were very good and he was surprised at the good flow of traffic. He also agreed that it was good for Rappahannock.

On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to approve the application under the conditions set out by the Planning Commission and providing there is no additional monetary burden to the County, i.e. for traffic control.

On motion of Mr. Lee, seconded by Mr. Biniek the Board voted unanimously to adjourn the meeting.

_____________________________ Chairman